7CA07880_Addendum_No._1.pdf

STATE OF CALIFORNIA THE NATURE RESOURCES AGENCY Gavin Newsom, Governor

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

Website: www.fire.ca.gov

(916) 653-7772

ADDENDUM ONE (1) TO:

SMALL BUSINESS OPTION SOLICITATION #7CA07880

Kitchen Hood Cleaning Services

Notice to Prospective Bidders

April 10, 2026

Please review the following Addendum to this Small Business Option Solicitation, entitled #7CA07880 – Kitchen Hood Cleaning Services.

1. The Bidder’s Instructions is being replaced and is attached to and made a part of this Addendum.

The contact person for this Addendum and the Small Business Option Solicitation is:

Bryson Beal Department of Forestry and Fire Protection

Bryson.Beal@fire.ca.gov

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Bryson Beal Contracts Analyst

STATE OF CALIFORNIA THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

April 10, 2026

Dear Potential Contractor, The California Department of Forestry and Fire Protection (CAL FIRE) currently has a contracting opportunity for Kitchen Hood Cleaning services with CAL FIRE Training Center – Ione located at 4501 State Highway 104, Ione, CA 95640. Only California Certified Small Businesses are eligible to submit quotes on this request.

Please find attached a Rate Sheet, Darfur Contracting Act form (CAL FIRE-720), Payee Data Information form (STD 204), Contractor Certification Clauses form (CCC 04/2017), and a Sample Agreement (STD 213). Please review the Sample Agreement (STD 213) for a detailed Scope of Work and contract requirements. Contractor shall be responsible for services as described within the Sample Agreement (STD 213). The sample agreement is for information only. Please do not fill out any information within the sample agreement.

Any questions must be submitted to Bryson.Beal@fire.ca.gov by April 17, 2026, at 4:30 p.m. No further questions will be entertained after that date.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

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. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. 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 rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

If your company is interested in competing for this contracting opportunity, please submit following documents attached by email to my attention, Bryson Beal, Bryson.beal@fire.ca.gov; by 2:00 p.m. on April 24, 2026.

Attachment 1, Rate Sheet Bid/ Bidder Certification Sheet Darfur Contracting Act form (CAL FIRE-720) Payee Data Information (STD 204) Contractor Certification Clauses (CCC 04/2017) Bidder Declaration Form (GSPD-05-105) Quotes from SB/DVBE Subcontractors (if applicable)

Please contact me with any further questions.

Thank you for your interest in contracting with the Department of Forestry and Fire Protection.

Bryson Beal Contract Analyst CAL FIRE Business Services E-Mail : Bryson.beal@fire.ca.gov

ATTACHMENT 1

RATE SHEET

Rate Sheet for 7CA07880 Kitchen Hood Cleaning services at CAL FIRE Training Center - Ione located at 4501 State Highway 104, Ione, CA 95640.

Description of Service Estimated #

Services Per Year Unit Price per Service Total Annual

Estimated Price

Kitchen Hood Cleaning as described in Exhibit A, Scope of Work. 2 $ $ *

3-Year Term X3

Total 3-Year Term Cost (Total Estimated Price x3) $

*All-inclusive Cost per Service

Submitted by: ______________________________________________________ Date: _______________________

Contact Name / Title:

Company Name:

Company Address:

Telephone Number:

E-Mail Address:

The estimated quantities above are estimated only and this is no guarantee as to the actual number of services needed; they may be lower or higher. The “cost quote” above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual costs quoted in the cost sheet shall be binding for the term of the Agreement.

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures/ electronic signature. The bid must be transmitted in accordance with Solicitation instructions.

A. Our all inclusive bid is submitted as detailed in Attachment 1, Rate Sheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

E-mail Address:

5. Partnership Indicate your organization type: 4. Sole Proprietorship

6. Corporation 6a. L.L.C. Limited Liability Corporation

Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification as:

a. California Small Business Enterprise Yes No Yes No

If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No

If yes, enter certification number:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSBCR, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one

(1) person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two (2) or more persons to carry on, as co-owners, a business for profit.

6, 6a

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. Or a Limited Liability Corporation.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

DARFUR CONTRACTING ACT VENDOR CERTIFICATION

Pursuant to Public Contract Code Section 10478, if a bidder or proposer currently, or within the previous three (3) years, has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized company” as defined in Public Contract Code Section 10476 (see attached definition).

Therefore, to be eligible to submit a bid or proposal, please complete the company/vendor information and one of the three following clauses (NOTE: Clause #1 requires initials only; Clause #2 requires initials only; Clause #3 requires initials and a certification signature):

DATE

FEDERAL ID NUMBER

PRINTED COMPANY / VENDOR NAME

PRINTED NAME AND TITLE OF AUTHORIZED PERSON INITIALING AN OPTION BELOW

Complete ONLY ONE of the following:

1. _____ We do not currently have, and have not had within the previous three (3) years, business Initials activities or other operations outside of the United States.

only

OR

2. _____ We are a scrutinized company as defined in Public Contract Code Section 10476, but we Initials have received written permission from the Department of General Services (DGS) to submit only a bid or proposal pursuant to Public Contract Code Section10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. _____ We currently have, or we have had within the previous three (3) years, business activities Initials or other operations outside of the United States, but we certify below that we are not a + scrutinized company as defined in Public Contract Code Section 10476.

certification below

CERTIFICATION for #3 I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in #3. This certification is made under the laws of the State of California.

BY (AUTHORIZED SIGNATURE)

PRINTED NAME AND TITLE OF AUTHORIZED PERSON SIGNING

DATE EXECUTED

EXECUTED IN THE COUNTY AND STATE OF

DEFINITION of SCRUTINIZED COMPANY

PUBLIC CONTRACT CODE SECTION 10476

10476. As used in this article, the following definition applies:

"Scrutinized company" means a company in Sudan that is involved in power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, but excludes a company that can demonstrate any of the following:

(a) Its business operations are conducted under contract directly and exclusively with the regional government of southern Sudan.

(b) Its business operations are conducted under a license from the Office of Foreign Assets Control or are expressly exempted under federal law from the requirement to be conducted under such a license.

(c) Its business operations consist of providing goods or services to marginalized populations of Sudan.

(d) Its business operations exclusively consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization.

(e) Its business operations consist of providing goods or services that are used only to promote health or education.

(f) Its business operations with the Government of Sudan will be voluntarily suspended for the entire duration of the contract for goods or services for which they have bid on, or submitted a proposal for, a contract with a state agency.

(g) It has adopted, publicized, and is implementing a formal plan to cease business operations within one year and to refrain from conducting any new business operations.

PAYEE DATA RECORD (STD 204)

All bidders must complete the Payee Data Record (STD 204) and include it with the bid response.

The Payee Data Record (STD 204) is available at the following website:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

THE REST OF THIS PAGE IS BLANK

CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

All bidders must complete the Contractor Certification Clauses form (CCC 04/2017) and include it with the bid response.

The Contractor Certification Clauses Form (CCC 04/2017) is available at the following website:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC- 042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

BIDDER DECLARATION FORM (GSPD-05-105)

All bidders must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid response if using subcontractors.

The Bidder Declaration Form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

(if applicable)

QUOTES FROM SB/DVBE SUBCONTRACTORS

2. The term of this Agreement is:

SAMPLE

Contractor TBD Contract Number 7CA07880

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) Kitchen Hood Cleaning Services, as described herein:

Contractor shall provide all materials, labor, equipment, tools, permits, taxes, transportation, and fees to perform inspection and cleaning of the kitchen hood for the CAL FIRE Training Center in Ione, CA.

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

3. Subcontracting is permitted under this Agreement if subcontractors are included on the Bidder Declaration (GSPD- 05-105), Attachment 2.

4. The services shall be performed at 4501 State Highway 104, Ione, CA 95640.

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

6. This Agreement will commence on May 15, 2026 (estimate) or upon approval by CAL FIRE, whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by CAL FIRE. 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 shall expire on May 14, 2029 (estimate). The services shall be provided during normal working hours, Monday through Friday, 7:00 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: TBD

Address: TBD Address: TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

8. Detailed Scope of Work

A. Work Required

1) Perform annual, semi-annual inspections and cleaning of the kitchen hood.

2) Before cleaning begins, the Contractor shall cover all kitchen equipment in the work area with temporary covering.

3) Hood, filters, ducts, and other components shall be cleaned to remove contaminants according to manufacturer's instructions.

4) Flammable solvents or other flammable cleaning aids shall not be used.

5) Cleaning agents shall not be applied to fusible links or other detection devices.

6) When cleaning procedures are complete, all access panels, cover plates, electrical switches, and system components shall be restored to normal operation positions.

7) The kitchen shall be left clean; debris and temporary protective covers shall be removed from the work site.

8) When cleaning procedures are complete, the Contractor shall remove the previous label and install new label on the exterior of kitchen hood.

CAL FIRE

EXHIBIT A

(Scope of Work)

B. Required Reports

Certificates of inspection and cleaning shall be submitted to the CAL FIRE Project Representative at no additional cost.

C. Service Personnel

All work shall be accomplished in conformance with all specifications, plus all federal, state, local, industrial, manufacturing, building, and safety codes.

D. Alarm Center Notification

1) The Contractor shall notify the CAL FIRE Project Representative in advance of inspection and cleaning of the kitchen hood to verify fire alarm.

2) Coordination with the fire alarm company will be the responsibility of the CAL FIRE Project Representative and coordinated with the Contractor.

E. Applicable Safety Codes and Manuals

1) Relevant local, state, federal and national codes, including Environmental Protection Agency (EPA) and local environmental offices as required.

2) Amador County Air Pollution Control District (APCD)

3) National Fire Protection Association (NFPA)

F. CAL FIRE Furnished Utilities

CAL FIRE will provide electrical service and water as required for Contractor to perform the work. The Contractor must provide own hookups to utility services.

G. Work Area Preparation

The Contractor shall provide all necessary temporary markings and traffic controls to establish a safe and adequate work zone, and to minimize traffic interruptions.

H. Work Schedule and Coordination

CAL FIRE personnel will be involved with this work at all phases.

I. Method of Operation and Execution

The Contractor shall provide all cones, barriers, lights, signs, placards, ladders, and temporary coverings, necessary to establish an adequate and safe work zone and control traffic in and around the work area.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and 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 specified as follows: 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:

B. Each Invoice shall include:

1) The agreement number 7CA07880.

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) Certified Small Business or DVBE #, if applicable.

C. 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.

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.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

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

A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CAL FIRE and any Subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder.

Contractor agrees to be as fully responsible to CAL FIRE for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Contractor. Contractor's obligation to pay its Subcontractors is an independent obligation from CAL FIRE obligation to make payments to Contractor.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted, except for Subcontractors listed on the Bidder Declaration (GSPD- 05-105), Attachment 2.

C. Any substitution of Subcontractors shall comply with the requirements of Public Contract Code Sections 4100 et seq. and must be approved in writing by CAL FIRE Project Representative in advance of assigning work to a substitute Subcontractor.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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

CAL FIRE

EXHIBIT D

(Special Terms and Conditions) 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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

CAL FIRE

EXHIBIT D

(Special Terms and Conditions) 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 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.

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. 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 their designee, Contractor must immediately provide to CAL FIRE a copy of the required MCP(s), if any.

5. License and Permits

A. The Contractor shall be an individual or firm currently licensed to do business in California and shall obtain at their 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.

CAL FIRE

EXHIBIT E

(Additional Provisions)

B. 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.

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

D. 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.

8. Small Business or Disabled Veteran Business Enterprise Certification

Contractor and/or Subcontractor(s) shall maintain its status as a DGS certified SB/MB or DVBE, as applicable, throughout the term of this Agreement.

CAL FIRE

Attachment 1 (Rate Sheet)

To be attached upon award.

CAL FIRE

Attachment 2 (Bidder Declaration - GSPD 05-105)

To be attached upon award.