Bid Notice-Flooring Replacement Services.pdf

2. The term of this Agreement is:

Contractor TBD Contract Number 3CA08001

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) Flooring

Replacement, as described herein:

Contractor shall provide all materials, labor, equipment, tools, permits, taxes, transportation, and fees to demolish, dispose, and replace the flooring for CAL FIRE Southern Operations. as described in Exhibit A, Scope of Work.

These services are necessary to maintain state property and have a safe working environment free of hazards for CAL FIRE staff.

2. CAL FIRE has the right to extend this agreement for one (1) year by amendment at the same terms, conditions, and costs.

3. Subcontracting is permitted under this Agreement if subcontractors are included on the Bidder Declaration (GSPD- 5-105), Attachment 2.

4. The services shall be performed at CALFIRE - Southern Operations - 23300 Castle Street Riverside, CA 92518.

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

6. This Agreement will commence on December 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 willl expire on November 30, 2027 (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 provide CAL FIRE with the following services:

1) Demolish existing flooring, approximately 11,870 square feet; flooring is a mix of carpet and laminate; See Attachment 3 – Specifications for reference.

2) Demolish existing thermoplastic rubber cove base, approximately 5,200 linear feet; Attachment 3 – Specifications, Attachment 4 – Administrative Building Floor Area Layout, Attachment 5 – Operation Coordination Center Floor Area Layout, and Attachment 6 – Training Building Floor Area layout for reference.

3) Removal and disposal of all demolished materials.

4) Installation of approximately 11,870 square feet of new luxury vinyl plank (LVP) flooring; see Attachment 3 – Specifications, Attachment 4 – Administrative Building Floor Area Layout, Attachment 5 – Operation Coordination Center Floor Area Layout, and Attachment 6 – Training Building Floor Area layout for reference.

CAL FIRE

EXHIBIT A

(Scope of Work)

5) Installation of new thermoplastic rubber cove base, approximately 5,200 linear feet; Attachment 3 – Specifications, Attachment 4 – Administrative Building Floor Area Layout, Attachment 5 – Operation Coordination Center Floor Area Layout, and Attachment 6 – Training Building Floor Area layout for reference.

6) Responsible for conducting accurate measurements and material takeoffs as part of their quote; no change orders will be considered for inaccurate material takeoffs and estimates. Discretion is up to the Contractor to obtain exact measurements at the mandatory site walk.

9. Preservation of CAL FIRE Property A. Contractor shall ensure that only qualified and competent employee(s) are permitted on the job site and that the work shall be safely performed by the highest industry standards. Contractor shall take all the necessary precautions to prevent injury or hazard to CAL FIRE employee(s), invitee(s) and /or the general public.

B. Contractor shall conduct its operation as to avoid damage to the property of CAL FIRE or to adjacent property. If any property is damaged by reason of the Contractor's operation(s), such property shall be replaced or restored at Contractor's sole expense and to the satisfaction of CAL FIRE and /or the property owner.

C. Contractor shall comply with all applicable federal, state, county, city, and municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work to be performed.

D. Contractor shall avoid causing unreasonable inconvenience to any person(s) doing business on CAL FIRE property. In the event Contractor's operation creates a condition hazardous to CAL FIRE property occupants or the general public, Contractor shall provide warning signs alerting to any dangerous conditions at Contractor's own expense and with no cost to CAL FIRE.

E. Contractor shall obtain and pay all permits and licenses, registrations and certificates required by local ordinances.

F. Contractor shall only provide one service staff (employee) to report for each service call unless CAL FIRE Contract Manager approved in advance for an additional service staff or employee.

10. Work Site Clean-up A. Contractor shall own and assume all responsibility for all litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement. Contractor shall clean and keep the area in orderly, safe, and clean condition, including, but not limited to spills and smudges. If the work site is not left in a clean and orderly condition, Contractor shall be called back to correct the condition at no extra cost to CAL FIRE.

B. Contractor shall promptly remove such litter, waste, debris, and other materials produced during this work and legally disposes of them at no additional cost to CAL FIRE. No such litter, waste, debris, and other materials shall be deposited in any CAL FIRE dumpsters without advance written permission of CAL FIRE Contract Manager.

C. Such litter, waste, debris, and other materials is not expected to include hazardous waste. However, if hazardous waste is encountered, Contractor will notify the CAL FIRE Contract Manager. CAL FIRE Contract Manager may direct that to the CAL FIRE hazardous waste removal contractor process and dispose of the hazardous waste.

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:

C. Each Invoice shall include:

1) The agreement number 3CA08001.

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.

D. 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

E. Contractor shall submit a copy of the Prime Contractor’s DVBE Subcontracting Report form (STD 817) for verification by CAL FIRE Project Representative with each invoice submitted at Fiscal Year End (June 30th) and with final invoice.

F. Contractor agrees to certify on Prime Contractor’s Certification DVBE Subcontractor Report, Form STD 817, that DVBE subcontractor participation under this agreement is in compliance with the goals specified at the time of award of contract or with any subsequent amendment. If for this Contract the Contractor made a commitment to achieve the DVBE participation goal, the Department will withhold $10,000.00 from the final payment, or the full final payment if less than $10,000.00, until the Contractor complies with the certification requirements of Military and Veterans Code Section 999.5. A Contractor that fails to comply with the certification requirement shall, after notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of notice, the prime contractor refuses to comply with the certification requirements, the department shall permanently deduct $10,000.00 from the final payment, or the full payment if less than $10,000.00. The Contractor shall provide proof of payment for the work performed by the DVBE subcontractor(s) upon Department’s request.

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.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

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.

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 A. 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.

B. Contractor shall make travel and subsistence payments to each worker in compliance with Labor Code Sections

1773.1 and 1773.9. Travel and subsistence requirements are available on the of Department of Industrial Relations (DIR) website at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

6. Payroll Records A. Contractor and each Subcontractor shall comply with the following provisions. Contractor shall be responsible for compliance by its Subcontractors.

1) Each Contractor and Subcontractor shall keep accurate payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a) The information contained in the payroll record is true and correct.

b) The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by its employees on the public works project.

2) The payroll records enumerated under paragraph 1) above, shall be certified. The certified payrolls and records related to employee wages, fringe benefits, payroll tax and deductions shall be available for inspection and copying by CAL FIRE project Representative at all reasonable hours at Contractor’s principal office. Certified payrolls shall be made available as follows:

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

b) A certified copy of all payroll records enumerated in paragraph 1) above, shall be made available for inspection or furnished upon request to a representative of CAL FIRE, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the of Industrial Relations. Certified payrolls submitted to CAL FIRE, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards shall not be altered or obliterated by Contractor.

3) Each Contractor shall submit a certified copy of the records enumerated in paragraph 1) above, to the entity that requested the records within 10 days after receipt of a written request.

4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CAL FIRE shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of Contractor awarded the Agreement or performing the Agreement shall not be marked or obliterated.

5) Contractor shall inform CAL FIRE of the location of the records enumerated under paragraph 1), above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6) Contractor or Subcontractor shall have 10 days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph 1), above. In the event Contractor or Subcontractor fails to comply within the 10-day period, it shall, as a penalty to CAL FIRE, forfeit $100 for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CAL FIRE from payments then due. A Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.

B. The penalties specified in paragraph 6), above, for noncompliance with the provisions of said Labor Code Section 1776 will be deducted from any monies due or which may become due to Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not retentions that will be returned to Contractor.

C. Payrolls shall contain the full name, address and social security number of each employee, the correct work classification (including apprentices, if applicable), rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. The payroll shall be signed by the employer or employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Agreement. Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors.

D. Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement.

E. Contractor shall submit a certified copy of all payroll records for verification by CAL FIRE Contract Representative with each invoice. When progress payments are called for, Contractor shall submit a certified copy of all payroll records for verification for the work completed to date with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by Contractor.

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

7. Penalty

A. Contractor and any Subcontractor under Contractor shall comply with Labor Code Sections 1774 and 1775. In accordance with said Labor Code Section 1775, Contractor shall forfeit, as a penalty to CAL FIRE, not more than $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any public work done under the Agreement by Contractor, or by any Subcontractor, in violation of the provisions of the Labor Code and, in particular, Labor Code Sections 1775 to 1780, inclusive.

B. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of Contractor or Subcontractor in failing to pay the correct rate of

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions) prevailing wages, or the previous record of Contractor or Subcontractor in meeting his or her prevailing wage obligations, or a Contractor's willful failure to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if Contractor or Subcontractor had knowledge of the obligations under the Labor Code. Any Contractor that executes and receives a copy of this Agreement is deemed to have knowledge of his or her obligations regarding the Labor Code’s prevailing wage requirements. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor or Subcontractor.

C. If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, Prime Contractor of the project is not liable for any penalties described above unless Prime Contractor had knowledge of that failure of the Subcontractor to pay the specified prevailing rate of wages to those workers or unless Prime Contractor fails to comply with all of the following requirements:

1) The Agreement executed between Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

2) Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees by periodic review of the certified payroll records of the Subcontractor.

3) Upon becoming aware of the failure of the Subcontractor to pay his or her workers the specific prevailing rate of wage, Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited, to retaining sufficient funds due the Subcontractor for work performed on the public works project.

4) Prior to making final payment to the Subcontractor for work performed on the public works project, Contractor shall obtain an affidavit signed under penalty of perjury for the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Labor Code Section 1813.

D. Pursuant to Labor Code Section 1775, CAL FIRE shall notify Contractor on a public works project within fifteen

(15) days of receipt of a complaint that a Subcontractor has failed to pay workers the general prevailing rate of per diem wages.

E. If CAL FIRE determines that employees of a Subcontractor were not paid the general prevailing rate of per diem wages and if CAL FIRE did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Contractor shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by CAL FIRE.

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

8. State General Prevailing Wage Rates Contractor agrees to comply with all of the applicable provisions of the Labor Code including those provisions requiring the payment of not less than the general prevailing rate of wages. Contractor further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.

9. State Prevailing Wage Rate Determinations A. The General Prevailing Wage Rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. Any special wage rate determinations applicable to this project are attached.

B. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the DIR website at: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations are to be obtained by Contractor from DIR. These wage rate determinations are to be posted by Contractor at the job site in accordance with Labor Code Section 1773.2.

10. Hours of Labor A. Eight (8) hours labor constitutes a legal day's work. Contractor shall forfeit, as a penalty to CAL FIRE, $25 for each worker employed in the execution of the Agreement by Contractor or any Subcontractor under Contractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code, and in particular Labor Code Sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half times the basic rate of pay, as provided in Section 1815.

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

11. Employment of Apprentices A. Contractor and any Subcontractors shall comply with all applicable requirements of Labor Code Sections 1777.5,

1777.6 and 1777.7 in the employment of apprentices.

B. Contractors and Subcontractors are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Contractors and Subcontractors are advised to contact the State Division of Apprenticeship Standards, P. O. Box 420603, San Francisco, California 94142-0603, or one of its branch offices, for additional information regarding the employment of apprentices and for the specific journey-to-apprentice ratios for the Agreement work. Prime Contractor is responsible for all Subcontractors’ compliance with these requirements. Penalties for failure to comply with apprenticeship requirements are specified in Labor Code Section 1777.7.

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

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. 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.

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

CAL FIRE

EXHIBIT D

(Special Terms and Conditions) 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.

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. Bonds Payment Bond Requirement: If the total contract price exceeds $25,000.00, Contractor shall furnish a Payment Bond for not less than one hundred percent (100%) of the total amount payable by the terms of this Agreement. The Payment Bond is due prior to the start date of work. No work may commence without receipt of a valid Payment Bond.

The Payment Bond must be in effect at all times for the duration of the Agreement. If the Payment Bond expires during the term of the Agreement, a new Payment Bond must be provided to the CAL FIRE Contact Manager not less than ten (10) business days prior to its expiration. Failure to maintain a Payment Bond for the full term of this Agreement will be grounds for termination for default in addition to other legal remedies CAL FIRE may have.

Inadequate or lack of a Payment Bond does not negate Contractor’s obligations under this Agreement.

17. 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.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

18. 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.

19. 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.

20. 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 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.

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

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

CAL FIRE

EXHIBIT E

(Additional Provisions)

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. Installation Floater

During the term of this Agreement, Contractor shall maintain in force, at its own expense, Builder's Risk/Installation Floater covering contractor's labor, materials and equipment to be used for completion of the work performed under this Agreement against all risks of direct physical loss, excluding earthquake and flood, for an amount equal to the full amount of the Agreement improvements. The same additional insured designation and endorsement required for general liability is to be provided for this coverage.

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

CAL FIRE

EXHIBIT E

(Additional Provisions)

5. License and Permits A. Contractor shall be licensed in accordance with the laws of the State of California and shall possess a C-15 -

Flooring and Floor Covering Contractors license issued by the California Contractors State Licensing Board

(CSLB).

B. 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.

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. Licensed Contractor Standards for Quality of Work A. Licensed Contractors must observe professional standards for quality of work or the California Contractors State

License Board (CSLB) will invoke disciplinary action.

B. Notice is hereby given that certain actions by a Contractor, including, but not limited to, the following, constitute grounds for disciplinary action by the CSLB once CAL FIRE has notified the license board of all violations:

1) A willful departure from plans and specifications or disregard of trade standards for good and workmanlike construction in any material respect that might prejudice the CAL FIRE, owner of the property upon which you perform work (Bus. and Prof. Code Section 7109).

2) The failure to observe and comply with all the applicable labor laws (Bus. and Prof. Code Section 7110).

3) Material failure to complete this Agreement (Bus. and Prof. Code Section 7113).

C. Should CAL FIRE determine that the work or materials provided vary materially from the specifications, or, that defective work when completed was not performed in a workmanlike manner, then Contractor warrants that it shall perform all necessary repairs, replacement and corrections needed to restore the property according to the Agreement plans and specifications, all at no further or additional cost to CAL FIRE.

7. 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…