4CA07932_STD_213_and_Exhibits_for_IFB_Posting.pdf

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IFB 4CA07932 - Hazardous Waste Removal and Disposal Services
Solicitation number
4CA07932
Issued by
Tulare County, East Tulare Villa CDP, Tulare City, California

About this file

This is a Standard Agreement (STD 213) with exhibits for an Invitation for Bid (IFB) issued by the California Department of Forestry and Fire Protection (CAL FIRE) for hazardous waste removal and disposal services. The contractor will provide all materials, labor, equipment, tools, permits, taxes, transportation, documentation, and fees necessary to remove and dispose of hazardous waste materials stored in tanks, containers, and 55-gallon drums at CAL FIRE operating facilities. Services will be provided at two primary locations: Tulare Unit (TUU) HQ Shop in Visalia, California, and Mountain Home Conservation Camp in Springville, California. The contractor must perform service no less than every 90 days as required by Environmental Protection Agency regulations or upon service call from the CAL FIRE Project Representative, with a required response time of 72 hours. The agreement is estimated to commence on November 1, 2026, upon approval by the California Department of General Services, and will expire on October 31, 2029, with services provided during normal working hours Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding State holidays. Services include removal and disposal of waste oil, waste coolant, antifreeze, metal and paper filters, non-RCRA waste, and solids stored in various containers, as well as pumping out waste from wash racks and above-ground storage tanks.

The contractor will be compensated for actual expenditures incurred in accordance with rates specified in Attachment 1 (Rate Sheet), which was not included in this document and will be attached upon award. Invoicing shall occur no more frequently than monthly and no less than quarterly, with payment made in accordance with Government Code Chapter 4.5, commencing with Section 927. The total contract amount is listed as "TBD" (to be determined). The contractor must maintain commercial general liability insurance of not less than $1,000,000 per occurrence, worker's compensation insurance with waiver of subrogation, commercial automobile insurance of not less than $1,000,000, and environmental liability insurance with limits of not less than $1,000,000 per occurrence. The contractor must obtain and maintain an EPA Identification Number, a Hazardous Waste Transporter Identification Certificate from the California Department of Toxic Substances Control, and a California Highway Patrol Hazardous Material Transportation License. Subcontracting is not permitted under this agreement. The contractor must comply with all federal, state, and local laws and regulations governing hazardous waste handling and transportation, as well as camp access clearance requirements if services are provided at conservation camp facilities.

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2. The term of this Agreement is:

Sam ple

Contractor TBD Contract Number 4CA07932

CAL FIRE

EXHIBIT A

(Scope of Work)

SCOPE OF WORK

1. Contractor agrees to provide to the California Department of Forestry and Fire Protection (CAL FIRE) Hazardous

Waste Removal and Disposal Services, as described herein:

Contractor will provide all materials, labor, equipment, tools, permits, taxes, transportation, documentation, and fees necessary for hazardous waste removal and disposal services. Contractor shall provide Hazardous Waste removal and disposal service for waste material stored in tanks, containers and 55-gallon drums at listed state operating facilities.

Services are necessary to avoid environmental hazards and protect human health from toxic and reactive materials.

2. The Agreement may be amended to increase services at the rate(s) specified in Attachment 1, Rate Sheet.

Additional services may be needed to avoid hazardous material excess storage on CAL FIRE property.

3. Subcontracting is not permitted under this Agreement. All references to subcontracting, or subcontractors as found herein are not applicable to this Agreement.

4. The services shall be performed at:

A. Tulare Unit (TUU) HQ Shop - 1968 South Lovers Lane, Visalia, CA 93292

B. Mountain Home Conservation Camp - 45260 Bear Creek Road, Springville, CA 93265

5. Any reference to CAL FIRE Project Representatives shall also include their designee.

6. This Agreement will commence on November 01, 2026 (estimated date) or upon approval by the California Department of General Services (DGS), whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by DGS. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by CAL FIRE Project Representative. This Agreement will expire on October 31, 2029 (estimated date). The services shall be provided during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., except State holidays. The parties may amend this Agreement as permitted by law.

7. The Project Representatives during the term of this agreement will be:

California Department of Forestry, and Fire Protection (CAL FIRE) Contractor: TBD

Name: TBD Project Representative:

Address: (Street Address, City State, Zip Code) Address: (Street Address, City State, Zip Code)

Phone: Phone:

Email: Email:

8. Detailed Scope of Work A. Contractor shall perform service no less than every 90 days as needed according to the Environmental Protection

Agency (EPA) regulations, or upon service call from CAL FIRE Project Representative.

B. Contractor shall respond to service calls from CAL FIRE Project Representative within 72 hours.

C. Contractor shall provide all CAL FIRE locations with removal and disposal of waste materials including, but not limited to waste oil, waste coolant, antifreeze, metal and paper filters, Non-RCRA Waste, solids stored in tanks, 55-gallon drums, and supplied containers.

D. Contractor shall provide an empty drum when removing a full drum of Used Oil Filters and Used Absorbent Material.

CAL FIRE

EXHIBIT A

(Scope of Work)

E. Contractor shall pump out waste contained in wash racks, waste oil, waste coolant, and antifreeze above-ground storage tanks owned by the State.

F. Contractor shall provide any material safety data sheets, bill of lading, and material manifests for each removal as required by Federal, State, and Local laws and regulations.

G. Contractor must provide collection containers for waste items as requested by the CAL FIRE Project Representative.

H. Contractor shall handle, pump, remove, recycle, transport, and dispose of all hazardous waste in accordance with EPA, Federal, State, and Local laws and regulations.

I. Contractor must agree to increase or decrease service quantity and frequency based on the fluctuations in work demands as directed by the CAL FIRE Project Representative. Contract must be amended to increase service if the cost surpasses the rates in Attachment 1, Rate Sheet.

J. Contractor shall remove and dispose of all waste material items listed in Attachment 1, Rate Sheet, as described for each location.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

BUDGET DETAIL, AND PAYMENT PROVISIONS

1. Invoicing, Payment

A. For services satisfactorily completed in accordance with the terms, and conditions stated herein, and upon receipt, and approval of the invoice(s), the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates attached hereto as Attachment 1 – Rate Sheet, and made a part of this Agreement.

B. Contractor shall submit, in arrears, not more frequently than once a month, and no less than quarterly, an invoice to CAL FIRE for cost incurred pursuant to the agreement. In addition, each invoice shall contain the following information:

C. All invoices shall be provided to each service location no less frequently than once per fiscal quarter and no more frequently than once per calendar month upon completion of service. Each invoice will be itemized to include the quantity of each item provided, cost per item provided, total cost for each line of the invoice, invoice subtotal and complete total as appropriate.

D. Each Invoice shall include:

1) The agreement number 4CA07932.

2) The dates or time-period which the invoiced costs were incurred.

3) Description of service, quantity, rate, and total for the current invoice.

4) The signature of an authorized representative of the contractor.

5) Certified Small Business (SB) or DVBE #:

Invoice(s) shall be submitted to:

California Department of Forestry and Fire Protection Attention: TBD

Street Address/P.O. Box City, State, Zip Phone Number

Email

2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year, and/or any subsequent years covered under this

Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force, and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause

A. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. In the event of an emergency, as defined in section 927.11, late payment penalties may not apply. Specific to CAL FIRE, if an invoice from a business under contract with CAL FIRE becomes subject to late payment penalties during the annually declared fire season, then the required payment approval date shall extend 30 calendar days beyond the initial 45-day period, except in the case of a contract with a certified small business, a certified Disabled Veteran Business Enterprise, a non-profit organization, or a non-profit public benefit corporation.

B. Pursuant to Public Contract Code Section 10262, Contractor shall pay its Subcontractor(s) within seven (7) calendar days from receipt of each payment made to Contractor by CAL FIRE.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

C. Failure of Contractor adhering to Public Contract Code Section 10262 may result in termination of this Agreement per Public Contract Code Section 10253, and disciplinary action by the Contractors State License Board may be implemented.

D. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

4. Cost Limitation A. Total amount of this Agreement shall not exceed $TBD.

B. It is understood, and agreed that this total is an estimate, and that CAL FIRE will pay only for those services actually rendered as authorized by CAL FIRE Project Representative up to the total amount set forth in Section 4A, above.

5. Costs Included in Bid Rates The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments including sales, and use taxes required by law or otherwise shall be included in the Agreement rates, and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

SPECIAL TERMS, AND CONDITIONS

1. Excise Tax

The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales, and use tax imposed by another state.

2. Settlement of Disputes

A. In the event of a dispute, within 10 days of discovery of the problem, Contractor shall file a "Notice of Dispute" with:

California Department of Forestry, and Fire Protection Attention: CAL FIRE Project Representative P.O. Box 944246 Sacramento, CA 94244-2460

B. Within 10 days of CAL FIRE receiving Contractor's notice, the Contracts Representative or designee shall advise Contractor of the findings, and recommend a method to resolve the dispute. Decision of the Contracts Representative or designee shall be final.

C. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal.

3. Right to Terminate

A. Termination for Cause

The agreement can be immediately terminated for cause. (Refer to GTC, Exhibit C, Item 7. Termination for Cause)

B. Termination without Cause

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor.

Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

4. Retention of Records/ Audits A. Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review, and to copy any records, and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours, and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records, and interview staff in any subcontract related to performance of this Agreement (GC § 8546.7, PCC § 10115 et seq., CCR Title 2, §1896). Contractor shall comply with the above, and be aware of the penalties for violations of fraud, and for obstruction of investigation as set forth in PCC § 10115.10.

B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

5. Subcontractors Contractor shall perform the work contemplated with resources available within its own organization, and no portion of the work shall be subcontracted.

6. DVBE Participation (Without Goals) CAL FIRE has established no goals for the DVBE participation for this Agreement. However, Contractor shall be fully informed respecting the California Public Contract Code Sections 10115 et seq., which is incorporated by reference.

Contractor is urged to obtain DVBE Subcontractor participation should clearly defined portions of the work become available.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

7. Non-Solicitation Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained or contracted by Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

8. Laws to be Observed Contractor shall keep fully informed of all existing, and future State, and Federal laws, and county, and municipal ordinances, and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders, and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe, and comply with, and shall cause all agents, and employees to observe, and comply with, all such existing, and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.

Contractor shall protect, and indemnify the State of California, and all officers, and employees thereof connected with the work against any claim, injury, or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor, its Subcontractor(s), or an employee(s). If any discrepancy or inconsistency is discovered in the plans, drawings, specification, or Agreement for the work in relation to any such law, ordinance, regulation, order, or decree, Contractor shall immediately report the same to CAL FIRE Project Representative in writing.

9. Specific Legal References Any reference to specific statutes, regulations, or other legal authority in this Agreement shall not relieve Contractor from the responsibility of complying with all existing, and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.

10. Equipment Indemnification A. Contractor shall indemnify CAL FIRE for any claims against CAL FIRE for loss or damage to Contractor’s property or equipment during its use under this Agreement, and shall, at Contractor’s own expense, maintain such fire, theft, liability, or other insurance as deemed necessary for this protection. Contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this Agreement or by operations of Contractor or Contractor’s employees under this Agreement.

B. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

11. Evaluation of Contractor Performance of the Contractor under this Agreement will be evaluated. The evaluation shall be prepared on Contract/Contractor Evaluation Sheet (STD 4), and maintained in the Agreement file. For consultant agreements, a copy of the evaluation will be sent to the California Department of General Services, Office of Legal Services, if it is negative, and over $5,000.00.

12. Agency Liability

The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. Sam

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

13. Force Majeure

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failures of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of war, and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible.

14. Employment of Undocumented Workers By signing this Agreement, Contractor swears or affirms that it has not, in the preceding five (5) years, been convicted of violating a State or Federal law relative to the employment of undocumented workers.

15. Contractor Name Change

Contractor shall provide a written notice to the State at least 30 days prior to any changes to the Contractor’s current legal name.

16. Assumption of Risk, and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any, and all environmental health hazards, local, and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury, and/or death resulting in whole or in part from exposure to infectious agents, and/or pathogens of any type, kind, or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify, and hold harmless CAL FIRE, the State of California, and each, and all of their officers, agents, and employees, from any, and all claims, and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CAL FIRE, the State of California, and/or any of their officers, agents, and/or employees.

17. Mandatory Organic Waste Recycling It is understood, and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates four (4) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CAL FIRE.

https://calrecycle.ca.gov/buyrecycled/.

18. Health, and Safety A. Contractor, and all subcontractors shall abide by all health, and safety mandates issued by federal, state, and local governments, and/or public health officers as well as those issued by CAL FIRE, and worksite specific mandates. If multiple mandates exist, the Contractor, and subcontractors shall abide by the most restrictive mandate. The term “employee”, “worker”, “state worker” or “state employee” in health, and safety mandates includes contractor, and subcontractor personnel.

B. Costs associated with adhering to health, and safety mandates are the responsibility of the Contractor. Contractor is responsible for the tracking, and compliance of health, and safety mandates, and may be audited upon request.

19. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia, and Russian entities, and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such

Sam https://calrecycle.ca.gov/buyrecycled/

CAL FIRE

EXHIBIT D

(Special Terms and Conditions) termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

CAL FIRE

EXHIBIT E

(Additional Provisions)

ADDITIONAL PROVISIONS

1. Insurance Requirements

A. General Provisions Applying to All Policies

1) Deductible, and Premiums

a) Contractor is responsible for any deductible or self-insured retention contained within the insurance program.

b) The Department will not provide for nor compensate Contractor for any insurance premiums or costs for any type or amount of insurance.

2) Coverage Term, and Policy Cancellation or Termination:

a) Coverage must be in force for the complete term of this Agreement. If insurance expires during the term of this Agreement, a new certificate must be received by CAL FIRE project representative at least ten (10) days prior to the expiration of the insurance. Any new insurance must continue to comply with the original terms of this Agreement.

b) Contractor shall provide, to CAL FIRE project representative within five (5) business days, following receipt by Contactor, a copy of any cancellation or non-renewal of insurance required by this Agreement.

In the event Contractor fails to keep, in effect at all times, the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

3) Primary Clause: Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

4) Endorsements: Any required endorsements requested by the State must be physically attached to all requested certificates of insurance, and not substituted by referring to such coverage on the certificate of insurance.

5) The Department will not provide for nor compensate Contractor for any insurance premiums or costs for any type or amount of insurance.

6) Insurance Carrier Required Rating: All insurance companies must carry a rating acceptable to the Department of General Services, Office of Risk, and Insurance Management (ORIM). If Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

Department of General Services, ORIM Website: https://www.dgs.ca.gov/ORIM.

7) When Contractor submits a signed contract to the State, Contractor shall furnish to the State a certificate of insurance stating that all required insurance is in effect for the Contractor.

B. General, and Commercial Liability Insurance

1) Contractor shall provide commercial general liability insurance of not less than $1,000,000.00 per occurrence for bodily injury, and property damage liability combined in effect for the Contractor.

2) The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal, and advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to Contractor's limit of liability.

3) The certificate of insurance will include the following provision in its entirety:

The State of California, its officers, agents, and employees are included as additional insured, but only with respect to work performed for the State of California under the contract.

4) The additional insured endorsement must accompany the certificate of insurance.

Sam https://www.dgs.ca.gov/ORIM

CAL FIRE

EXHIBIT E

(Additional Provisions)

5) This endorsement must be supplied under form acceptable to the Department of General Services, Office of Risk, and Insurance Management.

C. Worker’s Compensation Insurance

Contractor shall provide Worker’s Compensation Insurance with Waiver of Subrogation in favor of the State of California. Employer’s liability shall be not less than $1,000,000.00. The following clause should be included:

"Waiver of Subrogation in favor of the State of California or in favor of CAL FIRE:" By signing this Agreement, the Contractor hereby warrants that it carries Workers’ Compensation Insurance on all of its employees who will be engaged in the performance of this Agreement. If Staff provided by the Contractor is defined as independent contractors, this clause does not apply.

D. Commercial Automobile Insurance on Owned, Hired, and Non-Owned vehicles.

Contractor shall provide Commercial Automobile Insurance on Owned, Hired, and Non-Owned vehicles of not less than $1,000,000.00 policy. The same additional insured designation, and endorsement required for general liability is to be provided for this coverage.

E. Environmental Liability

Contractor shall provide Pollution Liability covering the contractor’s liability for bodily injury, property damage, and environmental damage resulting from pollution, and related cleanup costs incurred arising out of the work or services to be performed under this contract. Limits of not less than $1,000,000.00 per occurrence shall be provided. Coverage shall be provided for work performed on site, during transportation, and as well for proper disposal of hazardous materials.

F. Available Coverages/Limits

In the event the insurance coverages obtained by Contractor is broader in scope than, and/or the limits are higher than, those required under the contract, all such broader coverage, and/or higher limits available to Contractor shall also be available, and applicable to the State.

2. Regulations A. Contractor shall observe, and comply with all federal, state, city, and county laws, rules or regulations affecting the work. Any work done that does not comply with any laws, rules, or regulations will be remedied at the Contractor's expense.

B. Contractor shall cooperate with the CAL FIRE authorities, and shall observe, and comply with all regulations presently in force on CAL FIRE grounds.

3. Americans with Disabilities Act By signing this contract, the contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 USC § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as with all applicable regulations, and guidelines issued pursuant to the ADA.

4. Motor Carrier Permit Requirements A. Contractor is responsible for determining whether California Vehicle Code Sections 34601, and 34620 require

Contractor to have a valid Motor Carrier Permit(s) (MCP) issued by the Department of Motor Vehicles (DMV) in order for Contractor to lawfully perform any part or aspect of the work described in Exhibit A, Scope of Work, and if California Vehicle Code Sections 34601, and 34620 do require same for any part or aspect of such work, Contractor must have a valid MCP issued from the DMV for its services as a Motor Carrier of Property under this Agreement. Contractor shall pay any required fees necessary to obtain, and maintain in good standing during the entire term of this Agreement any such required MCP(s).

B. The MCP(s), if any, required for Contractor's Motor Carriers of Property under California Vehicle Code Sections 34601, and 34620 shall be on file with Contractor for the duration of this Agreement. Upon request of CAL FIRE Contract Manager or his/her designee, Contractor must immediately provide to CAL FIRE a copy of the required MCP(s), if any.

CAL FIRE

EXHIBIT E

(Additional Provisions)

5. Licenses and Permits A. Contractor must be licensed in accordance with the laws of the State of California and shall possess the following:

1) Environmental Protection Agency (EPA) Identification Number

2) Hazardous Waste Transporter Identification Certificate from the California Department of Toxic Substances

(DTSC).

3) California Highway Patrol (CHP) Hazardous Material Transportation License.

B. The Contractor shall be an individual or firm currently licensed to do business in California, and shall obtain at his/her expense all license(s), and permit(s) required by law for accomplishing any work required in connection with this contract. In the event the Contractor fails to keep in effect at all times all required license(s), and permit(s), the State may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.

C. If you are a Contractor located within the State of California, a business license from the city/county in which you are headquartered is necessary however, if you are a corporation, a copy of your incorporation documents/letter from the Secretary of State’s Office can be submitted. If you are a Contractor outside the State of California, you will need to submit to the CAL FIRE Contracts Unit a copy of your business license or incorporation papers for your respective State showing that your company is in good standing in that state.

D. If Contractor is a California or foreign corporation, Contractor must be registered, and active/in good standing with the California Secretary of State.

E. In the event any license(s), and/or permit(s) expire at any time during the term of this Agreement, Contractor agrees to provide CAL FIRE Project Representative a copy of the renewed license(s), and/or permit(s) within 30 days following the expiration date. In the event Contractor fails to keep in effect at all times all required license(s), and permit(s), the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

6. Tax Delinquencies Contract Ban Public Contract Code section 10295.4 provides that a state agency shall not enter into any contract for goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue, and Taxation Code. This prohibition applies to contracts executed on or after July 1, 2012. FTB, and BOE will post, and periodically update lists of the 500 largest tax delinquencies on their websites as required by law. Starting July 1, 2012, prior to executing contracts, state agencies must check the FTB, and BOE lists to ensure the proposed awardee/vendor is not on either list.

7. Debarment, and Suspension Certification A. Contractor’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the

State of California, that Contractor or any person associated therewith in the capacity of owner, partner, director, officer, or manager:

1) is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2) has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past three (3) years;

3) does not have a proposed debarment pending; and

4) has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CAL FIRE. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining bidder responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

CAL FIRE

EXHIBIT F

(Camp Access)

CAMP ACCESS INSTRUCTIONS

Individuals who are not employees of the California Department of Corrections, and Rehabilitation (CDCR) or the California Department of Forestry, and Fire Protection (CAL FIRE), but who are working in, and around inmates who are incarcerated within California’s camps, are to be apprised of the laws, rules, and regulations governing conduct in associating with prison inmates. The following is a summation of pertinent information when non-departmental employees come in contact with prison inmates.

By signing this contract, the Contractor agrees that if the provisions of the contract require the Contractor to enter a camp, the Contractor, and any employee(s), and/or subcontractor(s) shall be made aware of, and shall abide by the following laws, rules, and regulations governing conduct in associating with prison inmates:

1. Contractor, contractor’s employee(s), and/or subcontractor(s) shall observe all security rules, and regulations, and comply with all instructions given by institutional authorities.

2. Contractor, and contractor’s employee(s), and/or subcontractor(s) must complete, and submit a Camp Access Clearance Form prior to providing services. This form must be completed for all persons entering the facility a minimum of ten (10) working days prior to commencement of service. Information may be submitted to the Contract Manager or their designee. Form may be subject to a CDCR California Law Enforcement Telecommunications System (CLETS) check. This check will include Department of Motor Vehicles, Wants, and Warrants, and Criminal History checks.

3. All persons entering the facility must have a valid state driver’s license or photo identification card on their person.

4. All persons entering into a camp consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises.

5. It is illegal for an individual who has been previously convicted of a felony offense to enter into camps without the prior approval of the Warden. It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution.

6. Encouraging, and/or assisting prison inmates to escape are a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on camp premises. It is illegal to give prison inmates firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana.

7. It is also illegal to give or take letters from inmates without the authorization of the Warden. It is also illegal to give or receive any type of gift, and/or gratuities from prison inmates.

8. In an emergency situation the visiting program, and other program activities may be suspended.

9. CDCR does not recognize hostages for bargaining purposes. CDCR has a “NO HOSTAGE” policy, and all prison inmates, visitors, and employees shall be made aware of this.

10. For security reasons, while on camp grounds, Contractor, contractor’s employee(s), and/or subcontractor(s) shall be professionally, and appropriately dressed in clothing distinct from that worn by inmates at the camp. Visitors must not wear clothing that in any way resembles state issued prison inmate clothing. Specifically orange/red/yellow/white/ chartreuse jumpsuits, and/or yellow rainwear shall not be worn onto camp grounds, as this is inmate attire.

11. Unless otherwise directed by the entrance gate officer, and/or Contract Manager, the contractor, contractor’s employee(s), and/or subcontractor(s) shall enter the camp through the main entrance gate, and park private, and nonessential vehicles in the designated visitor’s parking lot. Contractor, contractor’s employees, and subcontractors shall remove the keys from the ignition when outside the vehicle, and all unattended vehicles shall be locked, and secured while on institution grounds.

12. Gate clearance may be denied for the following reasons: Individual’s presence in the camp presents a serious threat to security, individual has been charged with a serious crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified their identity.

CAL FIRE

EXHIBIT F

(Camp Access)

CAMP ACCESS CLEARANCE FORM

The following information is required of all contractor employees who will be on the property of a CDCR/ CAL FIRE Conservation Camp. All applications will be processed for approval.

Name of Company

Employee

Date of Birth

Birth Location & State

Employee Driver’s License

Social Security Number

Signature

Date

CAL FIRE

Attachment 1 (Rate Sheet)

To be attached upon award.

ADP1F71.tmp
A. Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review, and to copy any records, and supporting documentation pertaining to t...
B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.
ADDITIONAL PROVISIONS
Public Contract Code section 10295.4 provides that a state agency shall not enter into any contract for goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the...
A. Contractor’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that Contractor or any person associated therewith in the capacity of owner, partner, director, officer, or m...
1) is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2) has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past three (3) years;
3) does not have a proposed debarment pending; and
4) has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to CAL FIRE. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining bidder responsibility. Disclosures must indicate the party to who...
CAMP ACCESS INSTRUCTIONS
CAMP ACCESS CLEARANCE FORM
ADP997.tmp
A. Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review, and to copy any records, and supporting documentation pertaining to t...
B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.
ADDITIONAL PROVISIONS
Public Contract Code section 10295.4 provides that a state agency shall not enter into any contract for goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the...
A. Contractor’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that Contractor or any person associated therewith in the capacity of owner, partner, director, officer, or m...
1) is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2) has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past three (3) years;
3) does not have a proposed debarment pending; and
4) has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to CAL FIRE. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining bidder responsibility. Disclosures must indicate the party to who...
CAMP ACCESS INSTRUCTIONS
CAMP ACCESS CLEARANCE FORM

File details come from the government source that posted it. Updated .