ATTACHMENT_B.pdf

2. The term of this Agreement is:

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SAMPLE

Contractor's Name:

Agreement Number:

Page: 1 of 1

SCOPE OF WORK

1. Contractor agrees to provide to the Department of Parks and Recreation (DPR) services as described herein:

2. The services shall be performed at:

3. The services shall be provided during:

4. The project representatives during the term of this Agreement will be:

State Agency: Contractor:

Section/Unit: Section/Unit:

Attention: Attention:

Address: Address:

City/State/Zip Code: City/State/Zip Code:

Phone: Phone:

Fax: Fax:

E-mail Address: E-mail Address:

DPR 603 (Rev. 2/2011)(Excel 2/10/2011)

(916) 628-7299

C24067004

Modualr Buiding Rental

Department of Parks and Recreation

Huntington State Beach of California State Parks 21601 Pacific Coast Hwy, Huntington Beach, CA 92646. If

Huntington State Beach is unavailable the secondary beach utilized will be Silver Strand State Beach of

California State Parks at 5000 CA-75, Coronado, CA 92118.

Monday through Friday, 8:00 AM to 5:00 PM, excluding weekends, State and Federal Holidays

TBD

shane.scoggins@parks.ca.gov

Training Section

Shane Scoggins

EXHIBIT A

(Standard Agreement)

Huntington State Beach and is currently seeking a qualified contractor to provide all labor, equipment, tools, parts, materials, supplies, travel, and transportation necessary to deliver, set up, break down, and pick up Mobile Office Trailer units (MOTs) in April through June 30th of every year. All according to Exhibits A, Attachments I, II, III, hereby attached and made a part of this contract.

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C24067004

Training Section

Huntington Beach

Exhibit A, Attachment I

Detailed Scope of Work

1.0 Project Background

The California Department of Parks and Recreation (DPR) annually hosts the State mandated Lifeguard Training Program at Huntington State Beach and is currently seeking a qualified contractor to provide all labor, equipment, tools, parts, materials, supplies, travel, and transportation necessary to deliver, set up, break down, and pick up Mobile

Office Trailer units (MOTs) in April through June 30th of every year.

2.0 Detailed Scope of Work

Location:

a. Huntington State Beach of California State Parks, located in Orange County, 21601 Pacific Coast Hwy, Huntington Beach, CA 92646, (See exhibit A, Attachment III map for location of which parking lot).

b. The temporary Mobile Office Trailer (MOT) units shall be installed on a paved lot in the parking lot. If Huntington State Beach is unavailable the secondary beach utilized will be Silver Strand State Beach of California State Parks located in San Diego County. The MOT will be installed on a paved lot or gravel lot at 5000 CA-75, Coronado, CA 92118 or it may be any alternate beach unit located within the California State Parks system and will be decided by the Project Manager.

Term of Contract

The contract term shall be April 1, 2025, or upon DPR approval, whichever is later through June 30, 2027, or 27 months (2 yrs, 3 months) from DPR approval, or whichever is later. Two (2), One (1) year extension at the same rates identified in the service contracts Bid Form, marked Exhibit B, Attachment I, are available to be added to this agreement via amendment upon mutual consent from DPR and the contractor.

General

a. The primary purpose of this agreement is for the rental, transportation and installation of two temporary Mobile Office Trailer units (MOT) to conduct Department wide Seasonal Lifeguard Training Program facilitated by the Department of Parks and Recreation, Training Section.

b. The modular deliver dates will be preplanned with dates and times decided by the project manager. The MOT’s will be left on site from April to June of each year for the term of this contract and will be dismantled and picked up upon request of the project manager.

c. The equipment will be located in a marine climate. Contractor acknowledges this condition and will be responsible for the cost and maintenance of the MOT’s associated with marine climate influences

MOBILE OFFICE TRAILER (MOT)

a. Alternate-Option #1: shall include two (2) MOTs. The first MOT will be a 44’ x 12’, this will include three (3) separate rooms for office space, each office shall be equipped with a door for privacy. The MOT shall have one door to the outside with just stairs. The 2nd will be a 44’ x 24’, that inside will be an open space with no offices and will be used as a classroom. The 44’ x 24’ building shall include two doors to the outside. One with an ADA Compliant Ramp with non-slip surface and one with non-slip stairs.

b. Alternate-Option #2: shall be one (1) 36’ x 60’, with three offices built on the right side of the MOT. The rest of the MOT shall be an open space for classrooms. The building shall include an ADA Compliant Ramp with non-slip surface and non-slip stairs.

c. Additive Alternate-Option #3: shall include the cost of connecting the modular buildings from the breaker panels to a power pedestal (see item ix. below) and shall provide for the 44’X12’ modular (only) an AMP Multi-Panel shall be 1200 AMP and preferably comparable to Trystar Model IL-126-VDE-45RP (any alternate to this will be upon project manager approval) and loaded with 125 AMP Breakers and241/4166 Breaker enclosed 150A/600V., Cable Band 5 wire 50’ 241/8010 and Cable Tail 241/5950, 241/5955, MCAM Bare End, FCAM Bare end.

CONFIGURATION

a. Inclusions:

i. Foundation shall be a temporary support system (TSS). All according to the floor plans marked as Exhibit A, Attachment II, (hereby attached to this contract).

ii. Two (2) entry/exit doors each unit.

iii. Exterior lighting at the doors.

iv. ADA ramp for one classroom unit, but not required for the single wide unit. Both units will need UBC compliant stairs. The single wide unit will need two sets of stairs.

v. Energy efficient heating and air conditioning unit.

vi. Mini blinds on all windows.

vii. Carpeted flooring throughout.

viii. Fluorescent or LED lighting throughout.

ix. Additive Alternate Option #3 only Electrical system needs to be

240/120-volt single phase, 100amp service to each panel and run power from existing power pedestal to all units. For the single wide trailer 44’X12” (only) it will need an AMP Multi-Panel shall be 1200 AMP and preferably comparable to Trystar Model IL-126- VDE-45RP (any alternate to this will be upon project manager approval) and loaded with 125 AMP Breakers and 241/4166 Breaker enclosed 150A/600V., Cable Band 5 wire 50’ 241/8010 and Cable Tail 241/5950, 241/5955, MCAM Bare End, FCAM Bare end.

x. Exterior access for data/telecom input for both units.

xi. Exterior color shall be neutral tones.

xii. Wall mounted and wired Duplex Socket outlets throughout.

xiii. Wall mounted Cat 5e/6 Dual Ethernet Data Ports throughout and must be tested prior to ensure that they are in working order.

b. Exclusions:

xiv. Plumbing sinks and restroom facilities.

xv. Installing skirting on all four sides of the unit covering the wheels, tongue, and axels, but underneath MSs shall be neat and orderly.

c. Installation, the State is Responsible for:

xvi. Clearing the paved location of any obstructions or vehicles where the MOT units to be installed.

xvii. Providing unobstructed access to the work site.

xviii. External network cabling, telecom installation, and providing electrical service to the MOT unit using rental equipment and testing prior to ensure they are in working order.

xix. Fire and CO-2 detection alarm system.

xx. Site inspections, permits, and insurance.

xxi. Prior to installation OT floor plan must be approved by the project manager and deliver of the MOT units.

d. Installation, the Contractor is Responsible for:

xxii. Delivery and placement of the temporary MOT unit including all transportation permits and licenses.

xxiii. Installing the ADA compliant ramp and UBC compliant stairs.

xxiv. Installing the temporary support system (TSS).

xxv. Leveling the temporary MOT unit there will be no stakes or drilling into state property allowed.

xxvi. Meeting regulatory code requirements.

xxvii. Transportation and set up breakdown of units, including all applicable permits required by DOT.

xxviii. Set up and break down must be conducted during the hours set by the project manager prior to delivery as to minimally impact normal park operations.

xxix. Contractor will be responsible for the electrical Amp panel to the single wide trailer.

1. provide electricity Amp panel and cables (see Configuration (see item ix). to the MOT units.

xxx. Contactor is responsible for ensuring that worksite is clear of debris and materials

1. upon installation and breakdown of equipment.

xxxi. Contractor is responsible for installation and breakdown of both MOT units as well as:

1. Coordinating the deliver and pick-up times that best suit the State Beach, State representative, and project manager's scheduling.

ADA REQUIREMENTS

a. The temporary MOT unit(s) must meet current American with Disability Act Standards (ADA) for ramps, platforms, and doorways.

FLOOR PLAN AND LOCATION DRAWINGS

a. Floor plans of all MOT units are attached in Exhibit A, Attachment II, “Site Plans” pages 1 and 2, hereby attached and made a part of this contract.

b. Location map of Parking lot at Huntington State Beach and secondary location at Silver Strand State Beach (if preferred location at Huntington SB not available) for all MOT units are attached in Exhibit A, Attachment III, “Location Map” pages 1 and 2, hereby attached and made a part of this contract.

MAINTENANCE

a. During the term of the contract the contractor shall maintain the provided MOT units together with appurtenances, rights, privileges, and easements belong or appertaining thereto, in good repair and tenant-able condition. Except in case of damage arising from negligence of State agents, invitees, or employees.

b. Contractor shall provide all necessary maintenance repairs or services, upon notification of such services, contractor shall respond within 48 hours during regular business hours Monday through Friday, 8a.m.to 5 p.m. excluding weekends and state holidays.

c. Contractor reserves the right to enter and inspect the mobile office trailer Monday through Friday, 8 a.m. to 3 p.m. excluding weekends and state holidays, to make any necessary repairs to the premises. Contact the Lifeguard Supervisor- Training Sergeant Shane Scoggins at (916) 628-7299 to schedule an appointment.

d. Lighting: the Contractor is responsible for providing troffer style lighting with either standard florescent or LED lamps in good working order upon delivery the State shall be responsible for replacement of florescent or LED lighting bulbs while the MOT units is on-site.

DELIVERY, SETUP AND REMOVAL

a. Delivery of the MOT units shall be complete and ready for occupancy thirty days

(30) after written notice by the State’s Project Manager.

b. To inspect the site for trailer setup, contact Shane Scoggins, Project Manager at

(916) 628-7299.

c. Coordinate with the State maintenance staff as requested to connect electrical services.

d. Contractor responsible for breakdown and removal upon the end of the agreement term. The trailer shall be completely removed from site within seven (7) days from a

Notice to Remove the unit.

e. Contractor is responsible for cost, labor, and materials to repair damages to State property during the delivery, setup, and removal of the MOT unit.

CANCELLATION, RESCHEDULING POLICY

a. Contractor will be notified sixty days (60) in advance if services will need to be canceled.

b. Contractor will be notified sixty days (60) in advance if services will need to be rescheduled.

EXTERNAL POLICIES

a. The State is not obligated or bound to any agreement offered by the contractor/lessor or their agents. The contractor who signs this agreement agrees to waive their business entity lessor agreement and conform to the terms and conditions of the State’s written agreement.

SPECIAL CONDITIONS

a. In the event the MOT units or any essential part thereof shall be destroyed by fire or other acts of nature, this contract, shall, in the case of total destruction of the MOT units, immediately terminate. In case of partial destruction or damage, the State may elect to terminate by giving written notice setting forth the date of termination to the contractor within fifteen (15) days after such fire or acts or of nature casualty, and no rent shall accrue or be payable to the Contractor after such termination. In the event of any such destruction where the State remains in possession of said premises, whether for the remainder of the term or temporarily pending termination, the rental as herein provided shall be reduced by the ratio of the floor space the State is precluded from occupying to the total floor space of the MOT units.

b. To the extent authorized by any fire and extended coverage insurance issued to Contractor on the herein demised MOT units, Contractor releases State from liability for loss or damage covered by said insurance and waives subrogation rights of the insurer.

c. Contractor shall comply with the provisions of the Fair Employment and Housing

Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government

Code (Government Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding State agency to implement such article.

d. Contractor hereby warrants and guarantees that the MOT unit will be operated and maintained free of hazard from asbestos containing constructions materials.

e. Except in emergency situations, the Contractor shall give not less than 24 hours prior notice to State when any, remodeling, renovation, or repair work affecting the MOT unit may result in employee health concerns in the work environment.

f. Per Government Code 11007.4, The State insures itself against all or any part of any tort or inverse condemnation liability.

3.0 Detailed Scope of Work

a. Hereby attached as Exhibit A, Attachment II, and Exhibit A, Attachment III.

Site Plans- Exhibit A, Attachment II

Desired Layout of Modular Office Option 1:

Agreement No: C24067004

Desired Layout of Modular Office Option 2:

Exhibit A, Attachment II - C24067004 Page 2 of 2

LOCATION MAP- Exhibit A, Attachment III

Agreement No:

C24067004 Page 1 of 4

Primary Location:

Huntington State Beach- 21601 Pacific Coast Hwy, Huntington Beach, CA 92646.

Huntington State Beach- 21601 Pacific Coast Hwy, Huntington Beach, CA 92646

LOCATION MAP-

Exhibit A, Attachment III

C24067004 page 2 of 4

Huntington State Beach- 21601 Pacific Coast Hwy, Huntington Beach, CA 92646

LOCATION MAP- Exhibit A, Attachment III

C24067004 page 3 of 4

Contractor:

LOCATION MAP- Exhibit A, Attachment III

Back-up Location: (if primary location is unavailable):

Silver Strand State Beach- 5000 CA-75, Coronado, CA 92118.

Agreement No: C24067004

C24067004 page 4 of 4

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BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in

, marked Exhibit B, Attachment 1, which is attached hereto and made a part of this Agreement.

B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to:

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

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

4. Timely Submission of Final Invoice

A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days following expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the project representative. Said invoice should be clearly marked "Final Invoice," thus indicating that all payment obligations of the State under this Agreement have ceased and that no further payments are due or outstanding.

B. The State may, at its discretion, choose not to honor any delinquent final invoice if the Contractor fails to obtain prior written State approval of an alternate final invoice submission deadline. Written State approval shall be sought from the project representative prior to the expiration or termination date of this Agreement.

DPR 604 (Rev. 12/2021)(Excel 12/28/2021)

TBD

C24067004

Cost Breakdown

EXHIBIT B

(Standard Agreement) of

State of California Department of Parks and Recreation

Mott Training Center P.O. Box 699

Pacific Grove, CA 93950

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BUDGET DETAIL AND PAYMENT PROVISIONS

5 Disabled Veterans Participation Goals

A.

B.

C.

DPR 604 (Rev. 12/2021)(Excel 12/28/2021)

TBD

C24067004

Upon completion of an awarded contract in which a commitment to achieve a DVBE goal was made, the prime contractor that entered into a subcontract with a DVBE is required to complete and submit form STD.

817 within 60 days to certify payment information to the awarding department, in accordance with Military and Veterans Code (M&VC) Section 999.5.

For contracts awarded on or after January 1, 2021, pursuant to M&VC Section 999.7, the State shall withhold ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the prime contractor complies with the certification requirements of M&VC Section

999.5. Prime contractors that fail to comply with the certification requirements shall be given notice and allowed to cure the defect. If after 15 calendar days but not more than 30 calendar days from the date of the notice, the prime contractor fails to comply with the certification requirements, the State shall permanently deduct ten thoursand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000). The withholding applies to all contracts with a DVBE subcontractor.

Notwithstanding any other law, an awarding department shall not withhold more than the amount specified on the final payment of any disabled veteran business enterprise contract for the purposes of ensuring compliance with the certification requirements of M&VC 999.5.

EXHIBIT B

(Standard Agreement) of

DPR 940B (Rev. 5/2011)(Excel 5/5/2011)

Training Section

1/16/2025

C24067004

Modular Building Rental

State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

SERVICE CONTRACTS BID FORM Page 1 of 4

DATE

UNIT

PROJECT

BID OPENING

FIRM NAME FAX NO.

ADDRESS CITY/STATE/ZIP CODE

STATUS OF BUSINESS (check appropriate box.)

Individual.

Corporation. State in which incorporated:

Partnership. Full names of partners:

DEPARTMENT OF PARKS AND RECREATION

TITLE

DATE

BIDDER'S PRINTED NAME

LICENSE CLASSIFICATION ARE YOU CLAIMING PREFERENCE AS A SMALL BUSINESS?

NoYes. Small Business Certification No.

THE STATE RESERVES THE RIGHT TO WAIVE ANY IRREGULARITY IN ANY BID OR TO REJECT ANY OR ALL BIDS.

The undersigned hereby proposes to furnish services, materials, or equipment, or to perform all work required in accordance with the bid documents for the foregoing titled project, and such addenda thereto as may be issued prior to bid opening date.

Nondiscrimination Compliance Statement The prospective contractor's signature affixed hereon and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations Section 8103.

Disabled Veteran Business Enterprise Participation In accordance with Public Contract Code Section 10115, the Department of Parks and Recreation has established criteria to implement the disabled veteran business enterprise (DVBE) program goal which bidder must meet; provided, however, the DVBE participation requirement is included herein and made part of the bid documents. (See DVBE Notice included in solicitation for details.)

Small Business Preference A five percent preference will be granted to any bidder currently certified by the Department of General Services as a California Small Business. (See Small Business Notice included in solicitation for details.)

Exhibit B, Attachment 1

PHONE NO.

BIDDER'S SIGNATURE (Signature)

FEDERAL EMPLOYER ID NO.

CONTRACT NUMBER

The undersigned is duly authorized to submit this bid on behalf of the company.

STATE OF CALIFORNIA · DEPARTMENT OF PARKS AND RECREATION

Modular Building Rentals Cost Breakdown

Exhibit B, Attachment I

The bidder hereby proposes to furnish all labor, materials, transportation, and equipment necessary to perform all work required to temporarily rent modular unit(s) 3-months out of the year beginning in the Spring, to use during the state mandated Lifeguard training at Huntington State Beach OR Silver Strand State beach if Huntington location is unavailable.

C24067004

Option #1 –MOTs-44’X12’ & 44’X24’ (see Exhibit A, Attachment I) Monthly Rate

Personal Property

Expense

Taxes Total Monthly Rate

Number of Occurrences

Total Cost

(44’x12’) $ $ $ $ X 6 (months)

(44’ X 24’) $ $ $ $ X 6 (months

Option #2 – MOTs-36’X60’ (see Exhibit A, Attachment I) Monthly Rate

Personal Property Expense

Taxes Total Monthly Rate

Number of Occurrences Total Cost

$ $ $ $ X 6 (months) $

Additive Alternate Option #3 – cost of connecting the modular buildings from the breaker panels to a power pedestal and shall provide for the 44’X12’ modular (only) an AMP Multi-Panel 1200 AMP (see Exhibit A, Attachment I) Monthly Rate

Personal Property Expense

Taxes Total Monthly Rate

Number of Occurrences Total Cost

$ $ $ $ X 6 (months) $

CONTRACTOR’S NAME (Please Print): CONTRACT NO.

Option #1 Services Amount Taxes Total Cost/ per Service

Number of Occurrences

Total Cost

Huntington Beach- Delivery and Installation Charges

X 2*

Huntington Beach- Removal and Return Charges X 2*

Secondary Location-Silver Strand Beach- Delivery and Installation Charges

X 2* $

Secondary Location - Silver Strand Beach- Removal and Return Charges

X 2* $

Option #2 Services Amount Taxes Total Cost/ per Service

Number of Occurrences

Total Cost

Huntington Beach- Delivery and Installation Charges

X 2*

Huntington Beach- Removal and Return Charges X 2*

Secondary Location - Silver Strand Beach- Delivery and Installation Charges

X 2* $

Secondary Location - Silver Strand Beach- Removal and Return Charges

X 2* $

Additive Alternate Option #3 Services Amount Taxes Total Cost/ per Service

Number of Occurrences

Total Cost

Huntington Beach- Delivery and Installation Charges

X 2*

Huntington Beach- Removal and Return Charges X 2*

Secondary Location - Silver Strand Beach- Delivery and Installation Charges

X 2* $

Secondary Location - Silver Strand Beach- Removal and Return Charges

X 2* $

C23067004

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Cost Breakdown Exhibit B, Attachment I

Total of Option #1 Huntington State Beach $________________________

Total of Option #1 Huntington State Beach written out: ______________________________________________________________________________________________

ALTERNATE LOCATION

Total of Option #1 Silver Strand State Beach $________________________

Total of Option #1 Silver Strand State Beach written out: _____________________________________________________________________________________________

Total of Option #2 Huntington State Beach: $______________________

Total of Option #2 Huntington State Beach written out: ______________________________________________________________________________________________

ALTERNATE LOCATION

Total of Option #2 Silver Strand State Beach: $______________________

Total of Option #2 Silver Strand State Beach written out: ___________________________________________________________________________________________

Total of Additive Alternate Option #3 Huntington State Beach: $__________________

Total of Additive Alternate Option #3 Huntington State Beach written: _______________________________________________________________________________

ALTERNATE LOCATION

Total of Additive Alternate Option #3 Silver Strand State Beach: $__________________

Total of Additive Alternate Option #3 Silver Strand State Beach written: _____________________________________________________________________________

1) The above quantities are estimates only and are given as a basis for comparison of bids, no guarantee is made or implied as the to the exact quantity that will be needed.

2) In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail.

3) Please do not alter, modify, or change the bid proposal sheet. Any alterations, modifications, or changes to this bid proposal sheet will be grounds to reject bid.

4) Each line item must be bid. Pease do not leave any unit price column blank, or this bid proposal sheet will be deemed non-responsive.

5) Two (2), One (1) year extension at the same rates identified in the service contracts Bid Form, marked Exhibit B, Attachment I, are available to be added to this agreement via amendment upon mutual consent from DPR and the contractor.

X 2* - Annually Drop off in April and pick up in June only for the term of this contract.

C23067004

SAM

Cost Breakdown Exhibit B, Attachment I

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SPECIAL TERMS AND CONDITIONS

1. Insurance Requirements

A. Policy

B. Coverage (Additional coverage beyond the following, when required, shall be identified through an attachment to this exhibit.)

C. Endorsements (The following must appear on the Endorsement Page.)

D. Contractor’s Additional Responsibilities

DPR 605S (Rev. 7/2024)(Excel 7/24/2024)

C24067004

TBD

EXHIBIT D — SERVICES

(Standard Agreement) of

When Contractor submits a signed agreement to State, Contractor shall furnish to State a Certificate(s) of Insurance and endorsements in compliance with the following requirements:

Additional Insured: That the State of California, its officers, agents, employees and servants are included as additional insured, but only insofar as the operations under this agreement are concerned. The endorsements are to be provided for the general liability and motor vehicle liability policies.

Waiver of Subrogation: When work is performed on State-owned or controlled property the Workers' Compensation and Employers' Liability policy shall be endorsed with a waiver of subrogation endorsement in favor of the State. This endorsement shall also be provided.

The Certificate of Insurance shall: (a) be in a form acceptable to State; (b) be written by an insurer acceptable to State; (c) be maintained at Contractor’s sole expense; (d) be in full force for the complete term of the agreement; (e) be primary, and not in excess to any insurance carried by State; (f) be furnished to State within fifteen (15) days, upon request.

General Liability Insurance: Contractor shall procure commercial general liability insurance covering liability arising out of premises operations, products/completed operations, independent contractors, personal/advertising injury and liability assumed under an insured contract with limits not less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. Said policy shall apply separately to each insured against whom any claim is made or suit is brought subject to Contractor’s limits of liability.

Motor Vehicle Liability Insurance: Contractor shall maintain motor vehicle liability insurance with limits not less than $1,000,000 combined single limit each accident. Such insurance shall cover liability arising out of an accident involving a motor vehicle in use by Contractor, including, but not limited to, Contractor owned, hired, and non-owned motor vehicles.

Worker’s Compensation and Employer’s Liability Insurance: Contractor shall maintain statutory worker’s compensation and employer’s liability insurance for all of Contractor’s employees who will be engaged in the performance of work on the property, including special coverage extensions where applicable.

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

Contractor shall notify the State within ten (10) days of contractor receiving a notice of cancellation or non-renewal of insurance policies required in this agreement.

Page: 2 5

E. Insurance Companies

F. State Remedies

2. Licenses and Permits

DPR 605S (Rev. 7/2024)

C24067004

TBD

of

Contractor shall be an individual or firm licensed to do business in California and shall obtain at its expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this agreement.

If Contractor is located within the State of California, a business license from the city/county in which it is headquartered is necessary; however, if Contractor is a corporation, a copy of the incorporation documents/letter from the Secretary of State’s Office can be submitted. If Contractor is located outside the State of California, Contractor shall submit to State a copy of the business license or incorporation papers for the respective state showing that the company is in good standing within that state.

In the event, any license(s) and/or permit(s) expire at any time during the term of this agreement, Contractor agrees to provide State with 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), State may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event.

EXHIBIT D — SERVICES

(Standard Agreement)

Contractor shall ensure that all subcontractors procure insurance meeting the requirements of these provisions.

Upon State’s request, Contractor shall provide copies of its Worker’s Compensation and Employer’s Liability Insurance.

Concurrent with the execution of this agreement, Contractor shall provide to State evidence that the insurance required to be carried by these provisions, including any endorsement affecting the additional insured status, is in full force and effect and that premiums therefore have been paid. At State’s discretion, such evidence shall be the appropriate ACORD Form (Certificate of Insurance) or a certified copy of the original policy, including all endorsements.

Upon notification by State of receipt of a notice of cancellation, expiration, or any reduction in coverage, or if the insurer commences proceeding or has proceeding commenced against it, indicating the insurer is insolvent, Contractor shall provide to State evidence of replacement policy at least ten (10) working days prior to the effective date of such cancellation, expiration, or reduction in coverage.

Insurance companies issuing any of the policies required by these provisions shall have a rating classification of “A-” or better and a financial size category rating of “vii” or better according to the latest edition of the A.M. Best Key Rating Guide. Any other rating classification requires State approval.

All insurance companies issuing any of the policies required by these provisions shall be licensed to do business in the State of California.

Should Contractor fail to keep the insurance required to be carried by these provisions in full force and effect at all times, State may in addition to any other remedies State has, terminate this agreement immediately and all payments due or that become due will be withheld until notice is received by State that such insurance has been restored or replaced to full force and effect and that the premiums therefore have been paid to cover a period of time satisfactory to State.

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3. Disputes

4. Termination for Convenience

5. Force Majeure

6. Forced, Convict, and Indentured Labor

7. Potential Subcontractors

DPR 605S (Rev. 7/2024)

C24067004

TBDEXHIBIT D — SERVICES

(Standard Agreement) of

Except for defaults of subcontractors, neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, arises out of causes beyond the control of both Contractor and subcontractor, and without the fault or negligence of either of them, Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by subcontractor were obtainable from other sources in sufficient time to permit Contractor to meet the required performance schedule.

Unless otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which cannot be resolved informally shall be decided by the following two-step procedures.

Contractor must provide written notice of the particulars of such disputes to the Project Manager or his/her duly appointed representative. The Project Manager must respond in writing within ten (10) working days of receipt of the written notice of dispute. Should Contractor disagree with the Project Manager’s decision, Contractor may appeal to the second level. Pending the decision on appeal, Contractor shall proceed diligently with the performance of this agreement in accordance with the Project Manager’s decision. The second level appeal must indicate why the Project Manager’s decision is unacceptable, attaching to it Contractor’s original statement of the dispute with supporting documents, along with a copy of the Project Manager’s response. The second level appeal shall be sent to the Deputy Director of Administrative Services or his/her duly appointed representative.

The second level appeal must be filed within fifteen (15) working days of receipt of the Project Manager’s decision. Failure to submit an appeal within the period specified shall constitute a waiver of all such right to an adjustment of this agreement. The Deputy Director or designee shall meet with Contractor to review the issues raised. A written decision signed by the Deputy Director or designee shall be returned to Contractor within fifteen

(15) working days of the receipt of the appeal.

State reserves the right to terminate this agreement subject to 30 days written notice to Contractor. Contractor may submit a written request to terminate this agreement only if State should substantially fail to perform its responsibilities as provided herein.

No foreign-made equipment, materials, or supplies furnished to State pursuant to this agreement may be produced in whole or in part by forced labor, convict labor, or indentured labor. By submitting a bid to State or accepting a purchase order, Contractor agrees to comply with this provision of this agreement.

Nothing contained in this agreement or otherwise, shall create any contractual relation between State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder.

Contractor agrees to be as fully responsible to State 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

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7. Potential Subcontractors (CONTINUED)

8.

9. Priority Hiring Considerations for Contracts with a Value of $200,000

10. Intellectual Property

11. Generative Artificial Intelligence

DPR 605S (Rev. 7/2024)

TBD

C24067004 of

Excise Tax (Solely applicable to certain specified goods or articles manufactured or produced in the Philippines for domestic sale or consumption or for any other disposition and to things imported in to the Philippines.)

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.

If the resulting agreement will have a total value of $200,000 or more, Contractor is hereby advised that it will be obligated to give priority consideration in filling vacancies in positions funded by the resulting agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200. This requirement shall not interfere with or require a violation of a collective bargaining agreement, a federal affirmative action obligation for hiring disabled veterans of the Vietnam era, or nondiscrimination compliance laws of California and does not require the employment of unqualified recipients of aid.

directly employed by Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from State's obligation to make payments to Contractor. As a result, State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

EXHIBIT D — SERVICES

(Standard Agreement)

Any works developed during and/or pursuant to this agreement by Contractor, including all related copyrights and other proprietary rights therein, as may now exist and/or which hereafter come into existence, shall belong to State upon creation, and shall continue in State’s exclusive ownership upon termination of this agreement. Contractor further intends and agrees to assign to State all right, title and interest in and to such materials as well as all related copyrights and other proprietary rights therein.

Contractor agrees to cooperate with State and to execute any document or documents that may be found to be necessary to give the foregoing provisions full force and effect, including but not limited to, an assignment of copyright.

Contractor agrees not to incorporate into or make the works developed, dependent upon any original works of authorship or Intellectual Property Rights of third parties without first (a) obtaining State’s prior written permission, and

(b) granting to or obtaining for State a nonexclusive, royalty-free, paid-up, irrevocable, perpetual, world-wide license, to use, reproduce, sell, modify, publicly and privately display and distribute, for any purpose whatsoever, any such prior works.

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology.

At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

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11. Generative Artificial Intelligence (CONTINUED)

12. Executive Order N-6-22 – Russia Sanctions

DPR 605S (Rev. 7/2024)

TBD

C24067004 of

EXHIBIT D — SERVICES

(Standard Agreement)

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

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 termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.