DR240032_Hazardous_Waste_Removal_and_Disposal_Services.pdf

California Department of Education Invitation for Bid (IFB) Hazardous Waste Removal and

Disposal Services – DR240032

California School for the Deaf, Riverside Analyst: Contract Analyst – Kourtney Twist

1430 N Street, Suite 2213 Sacramento, CA 95814

Email: ktwist@cde.ca.gov Phone: (916) 322-2482

Mandatory Site Inspection: May 8, 2024, at 10:00 am PDT Bid Due Date: May 21, 2024, at 2:00 pm PDT

Public Bid Opening: May 23, 2024, at 10:00 am PDT Contract Period: September 1, 2024 (or upon DGS Approval) – August 31, 2025

One-Year Option to Renew: September 1, 2025 – August 31, 2026 One-Year Option to Renew: September 1, 2026 – August 31, 2027 mailto:ktwist@cde.ca.gov

TABLE OF CONTENTS

California Department of Education Invitation for Bid (IFB) Hazardous Waste Removal and Disposal Services – DR240032

TABLE OF CONTENTS

GENERAL INFORMATION

I. PURPOSE

II. IFB SCHEDULE

III. ELIGIBLE BIDDERS

IV. SUBCONTRACTING

V. DVBE PROGRAM REQUIREMENT

VI. PREFERENCE PROGRAMS

VII. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE

NOTIFICATION

VIII. BIDDER REQUIREMENTS

IX. IFB DOCUMENTS

X. BID DOCUMENTS AS PUBLIC RECORD

XI. MANDATORY SITE INSPECTION

XII. BID SUBMISSION

XIII. BID SUBMISSION REQUIREMENTS

XIV. BASIS OF AWARD

XV. TIRE HAULER BOND

XVI. OPTION TO RENEW

XVII. CONTRACT AWARD PROTEST PROCEDURES

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

II. CONTRACT MONITORS

III. LOCATION

IV. WASTE SPECIFICATIONS

V. COLLECTION REQUIREMENTS

VI. CHEMICAL CONTENT DEFINITIONS

VII. PACKING DRUMS

VIII. PICK-UP CHANGES UNDER SPECIAL CIRCUMSTANCES

IX. SCHEDULED PICKUPS

X. HAZARDOUS CATEGORIZATION TEST

XI. EQUIPMENT AND MATERIALS REQUIRED

XII. DRIVERS

XIII. LICENSES/PERMITS/CERTIFICATION

XIV. COORDINATION

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

II. BUDGET CONTINGENCY CLAUSE (rev. 9/2012)

III. PAYMENT

IV. DVBE PARTICIPATION WITHHOLD (1/1/2022)

EXHIBIT B.1 – CONTRACTOR’S BID FORM

EXHIBIT B.2 – CONTRACTOR’S BID FORM

EXHIBIT B.3 – CONTRACTOR’S BID FORM

EXHIBIT C – GENERAL TERMS AND CONDITIONS

EXHIBIT D – SPECIAL TERMS & CONDITIONS

I. RIGHT TO TERMINATE

II. TERMINATION FOR TARGETS OF ECONOMIC SANCTIONS; EXECUTIVE

ORDER N-6-22 – RUSSIA SANCTIONS

III. RESOLUTION OF DISPUTES

IV. LOSS LEADER

V. ICT ACCESSIBILITY REQUIREMENTS (05/2018)

VI. PROHIBITION OF DISCRIMINATION

VII. HEALTH AND SAFETY

EXHIBIT E – ADDITIONAL PROVISIONS

I. COMPUTER SOFTWARE COPYRIGHT COMPLIANCE

II. CERTIFICATE OF INSURANCE REQUIREMENTS:

III. WORKERS’ COMPENSATION

IV. AMENDMENTS

V. OPTION TO RENEW

VI. CONTRACT REQUIREMENTS RELATED TO DVBE PARTICIPATION

COMPLIANCE

VII. EMPLOYEES

VIII. CONTROL OF WORK

IX. MATERIALS AND EQUIPMENT

X. CLEAN UP

ATTACHMENT 1 – REQUIRED ATTACHMENT CHECKLIST

ATTACHMENT 2 – CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE

ATTACHMENT 3 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 3a – DARFUR CONTRACTING ACT CERTIFICATION SUPPLEMENTAL 45

ATTACHMENT 4 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 5 – SMALL BUSINESS PREFERENCE SHEET

ATTACHMENT 7 – PROTEST PROCEDURES FOR INVITATION FOR BIDS

GENERAL INFORMATION

I. PURPOSE

The California Department of Education (hereinafter referred to as CDE) is soliciting bids to provide hazardous waste removal and disposal services for the California School for the Deaf, Riverside located at 3044 Horace Street, Riverside, CA 92506, in accordance with the specifications contained herein this Invitation for Bid (IFB).

It is anticipated that the contract start date will begin approximately on September 1, 2024. The actual start date of the contract is contingent upon approval of the agreement by the Department of General Services (DGS), if required. Contract includes two one-year options to renew.

Award of a contract as a result of this IFB shall be contingent on DGS approval, CDE executive approval, funding and program authorization provided to and by the CDE.

II. IFB SCHEDULE

Activity Action Date

Invitation for Bid Advertisement April 30, 2024

Mandatory Site Inspection May 8, 2024 at 10:00 am PDT

Bids Due May 21, 2024 at 2:00 pm PDT

Public Bid Opening May 23, 2024 at 10:00 am PDT

Contract Start Date September 1, 2024, or upon contract/DGS approval, whichever is later

III. ELIGIBLE BIDDERS

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed bid in response to this IFB. The bidder must be legally constituted and qualified to do business within the State of California (registered with the California Secretary of State), if applicable. Bidders must be a legally cognizable public agency, sole proprietorship, partnership, or corporation (fully incorporated by the deadline for submitting bids). Failure to meet the foregoing requirement will result in disqualification.

Bidders who have had a contract terminated by the CDE in the past 18 months may be automatically disqualified.

A. Disabled Veteran Business Enterprise (DVBE) Program Requirement

This solicitation is exempt from DVBE participation;

See General Information, Article V DVBE Participation Goals for information.

B. Targets of Economic Sanctions; 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.

IV. SUBCONTRACTING

The bidder responding to this IFB must serve as the Prime Contractor and will be the responsible entity in ensuring that all services and activities are competently and successfully completed. If any portion of the work outlined in Exhibit A, Scope of Work, is to be subcontracted out, or performed by anyone other than the bidder, a Bidder Declaration Form (GSPD-05-105) must be completed and submitted as part of the bid submission. The Bidder Declaration Form must bear the original signature of the person authorized to bind the bidder. The Bidder Declaration form can be found at:

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

A. Commercially Useful Function

Bids must propose that Prime bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State.

Commercially useful function is defined as: 1) Is responsible for the execution of a distinct element of the work of the contract (including the supplying of service and goods); 2) Carries out its obligation by actually performing, managing or supervising the work involved; 3) Performs work that is normal for its business services and functions; 4) Is responsible, with respect to products, inventories, materials and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment; and 5) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (Tit. 2 CCR § 1896.71(b).)

A small or microbusiness/DVBE contractor, subcontractor or supplier is not performing a “commercially useful function” if its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of small business or microbusiness/DVBE participation. (GC § 14837(d)(4);

Tit. 2 CCR § 1896.15.) (Mil. & Vet. Code § 999(b)(5)(B); Tit. 2 CCR § 1896.71(c).)

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

V. DVBE PROGRAM REQUIREMENT

Section 10115 et seq. of Public Contract Code, and Section 999 et seq. of the Military and Veterans Code requires a goal of three percent (3%) certified California Disabled Veteran Business Enterprise (DVBE) participation for all contracts on an agency-wide basis of $25,000.00 and over unless exempted due to the services provided.

This solicitation is exempt from DVBE participation, however the DVBE incentive still applies (see Article VI. Preference Programs).

The CDE is committed to achieving legislatively established goals for the participation of DVBEs in all contracting and seeks to use certified California DVBE business whenever possible.

VI. PREFERENCE PROGRAMS

A. Small Business Preference

A five percent (5%) bid preference is available and will be applied in accordance with Attachment 5. The small business preference will be applied to those bidders declaring their eligibility by completing Attachment 5. The bidder must include proof of Small Business certification, if applying for the preference. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

Information regarding this preference program may be obtained on the DGS website, https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/How-to-do-business-with-the-state-of-California

B. DVBE Incentive Option

In accordance with Section 999.5(a) of the Military and Veterans Code, an incentive will be given to responsive and responsible bidders who provide DVBE participation as outlined below. The incentive amount for awards based on the lowest responsive/ responsible bid received will vary in conjunction with the percentage of DVBE participation. The incentive is only given to those bidders who are responsive to the DVBE Program Requirements and DVBE participation in the resulting contract. The following represents the percentages that will be applied:

• Confirmed DVBE Participation of 5% or more, the DVBE Incentive is 5%.

• Confirmed DVBE Participation of 4% to 4.99%, the DVBE Incentive is 4%.

• Confirmed DVBE Participation of 3% to 3.99%, the DVBE Incentive is 3%.

In order to receive the incentive bidders must document DVBE participation commitment by completing and submitting the Bidder Declaration (GSPD-05-105) with the Bid. The GSPD-05-105 form can be found at:

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

The bidder must also include proof of DVBE certification, if applying for the incentive.

Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

VII. GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.

Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

VIII. BIDDER REQUIREMENTS

Bidders must be responsible and have the capability to professionally carry out the terms of this contract. Those bidders who have had a contract terminated with the CDE in the past 18 months will be disqualified and will not be considered in the award process.

Bidders must possess a valid and current copy of ALL of the following:

1. Hazardous Substance Removal Certificate as issued by the California Contractor’s State License Board (CSLB).

2. Hazardous Waste Transporter Registration as issued by the Department of Toxic Substance Control (DTSC).

3. California Department of Motor Vehicles (DMV) Motor Carrier Permit.

4. US Department of Transportation (DOT) Registration Number.

5. Hazardous Material Transporter License as issued by the California Highway Patrol

(CHP).

6. US Environmental Protection Agency (EPA) Identification Number as issued by the

US EPA.

7. Registered in the State of California’s Department of Resource Recycling and

Recover (Cal Recycle) as a used/waste tire hauler*.

8. Waste Tire Hauler Bond**.

The bidder’s employees to be used in fulfillment of this contract shall possess a Commercial Driver’s License (CDL) with a HAZMAT endorsement to transport waste as issued by the Transportation Security Administration (TSA).

*A bidder that is not registered in the Cal Recycle as a used/waste tire hauler and does not possess a Waste Tire Hauler Bond may subcontract with a Contractor that is registered in the Cal Recycle as a used/waste tire hauler and possesses a Waste Tire Hauler Bond.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

**Waste Hauler Bond will be required as a condition of contract award.

A copy of each of the above licenses/certifications (not including the Waste Hauler Bond) and verification of registration must be submitted in the bid package.

IX. IFB DOCUMENTS

Any conflicts, omissions or errors in the IFB or questions concerning clarification or interpretation of the IFB, shall be brought to the attention of Contract Analyst Kourtney Twist, ktwist@cde.ca.gov, (916) 322-2482. The CDE reserves the right to rephrase or not answer any question submitted.

The CDE reserves the right to amend or modify the IFB document prior to the final bid submittal date identified herein by issuing an addendum to all parties. The CDE will not be bound by verbal representations or interpretations.

The CDE reserves the right, at its sole discretion, for any reason, including price, rates, costs, etc., to cancel or modify this IFB, in whole or in part, prior to the award of any contract. The CDE may waive any immaterial deviation or defect in a bid proposal. The CDE’s waiver of a deviation or defect shall in no way modify the IFB documents or excuse the Contractor from full compliance with the IFB specifications if awarded the contract. The CDE may reject any bid for any deviation or defect.

If you would like to request a copy of this IFB in an alternate format, including Word, please contact Kourtney Twist, Contract Analyst by phone at (916) 322-2482 or by e-mail at ktwist@cde.ca.gov.

X. BID DOCUMENTS AS PUBLIC RECORD

All bids and related documents submitted in response to this IFB become the property of the State of California and are considered public records and are subject to disclosure upon request, pursuant to Government Code Section 6250 et seq. All contracts awarded and all attachments thereto will become public records.

XI. MANDATORY SITE INSPECTION

A Mandatory Site Inspection is scheduled for Wednesday, May 8, 2024 at 10:00 am PDT at California School for the Deaf, Riverside, 3044 Horace Street, Sacramento, CA 92506.

Attendees must arrive on time and be present at the Mandatory Site Inspection until it has been concluded by CDE staff. Attendees more than 10 minutes late to the Mandatory Site Inspection will not be allowed to participate. Attendees must report to the Administration Building. Please bring a copy of the IFB with you to the Mandatory Site Inspection.

Note: Bids from Contractors who do not attend, or who are more than 10 minutes late, or who leave the mandatory site inspection early will be rejected and returned unopened.

XII. BID SUBMISSION

Each bidder shall submit to the CDE two sealed copies of their bid meeting the specifications described in this IFB.

1. One (1) original set of bid documents which must bear the original signature of the individual authorized to do so, and

2. One (1) copy of the bid documents with a photocopy of the original signature.

All bid package documents must bear the original signature of the individual authorized to sign the contract. No electronic signatures will be accepted as original. Original signature shall mean a manual handwritten signature or mark in wet ink.

The bid shall be returned in a sealed envelope marked “SEALED BID – HAZARDOUS WASTE REMOVAL AND DISPOSAL SERVICES – DO NOT OPEN.” To prevent inadvertent premature opening, place sealed bid in one envelope within a second envelope addressed as follows:

California Department of Education Fiscal and Administrative Services Division Contracts Office Attention: Kourtney Twist – DR240032 – IFB 1430 N Street, Suite 2213 Sacramento, CA 95814

SEALED BID – HAZARDOUS WASTE REMOVAL AND DISPOSAL SERVICES – DO

NOT OPEN

Sealed bids may be submitted via mail to the address above. Or may be hand delivered to the CDE Mail Room located on the first floor of the CDE building at 1430 N Street, Sacramento, CA 95814. If hand delivering, bidder must check in with the security desk (present valid ID). Security personnel will not accept bids.

The deadline for submission of sealed bids is Tuesday, May 21, 2024 at 2:00 pm PDT.

The bids will be publicly opened and read on Thursday, May 23, 2024 at 10:00 am PDT at the California Department of Education, Fiscal and Administrative Services Division, 1430 N Street, Suite 2213, Room 2212, Sacramento, CA 95814.

In a closed session, following the bid opening and reading, the CDE will review the apparent low bid to determine if the low bidder is responsible and responsive to the IFB.

Bids not received at the location by the date and time specified will not be accepted.

Postmark date will not constitute delivery. It is the bidder's responsibility to ensure that the bid is received at the location specified by the bid deadline.

By submitting a bid, prospective bidders certify that they meet all qualifications specified herein and agree to comply with all terms and conditions of this IFB. After announcement of the apparent successful bidder, there will be no negotiations of the terms and conditions of this IFB or the bidder's submitted proposal between the CDE and the apparent successful bidder.

Bids shall not be qualified or conditioned. Any bid response modifying, amending, or proposing alternate language to the terms and conditions of the IFB will be invalid and inapplicable. Bids submitted must be complete in all respects and may be rejected if incomplete or contain irregularities of any kind.

The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected.

There is no requirement to award a contract if, in the opinion of the CDE, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

If no submissions are received containing bids offering a cost/price/rate, which in the opinion of the CDE is a reasonable cost/price/rate, CDE is not required to award an Agreement (Public Contract Code Section 10344 [d]).

Every component of the bid cost/price/rate is subject to reasonableness of cost justification. If any portion of the cost is rejected by the CDE, then the entire bid may be rejected.

The cost of bid development is the responsibility of the prospective bidder and shall not be chargeable to the CDE.

A bidder may withdraw its bid at any time prior to the date and time of bid opening by submitting a request in writing to the CDE, Attention: Contracts Office – Kourtney Twist

– DR240032, 1430 N Street, Suite 2213, Sacramento, CA 95814. A new bid package may be submitted prior to the date and time of bid opening. Written withdrawal of bidder’s bid will not be accepted after the date and time of bid opening. Withdrawals requested by telephone or fax are not acceptable.

Clarification may be requested by the CDE Contracts Office during the review of the bids for the purpose of clarifying ambiguities in the information presented in the bid response. The CDE reserves the right, at its sole discretion, to overlook, correct, or require a bidder to remedy any obvious clerical or incidental mathematical errors on a bid form. Bidders may be required to initial corrections.

Any failure by the bidder to acquaint itself with available information will not relieve them from responsibility for estimating properly, the difficulty, or cost of successfully performing the work.

XIII. BID SUBMISSION REQUIREMENTS

The bid submission package must be submitted to the CDE and must include the following required forms fully completed and signed where applicable. One original set and one full copy of the bid documents listed herein must be included in the bid package. See Article XII. Bid Submission.

A. Attachment 1 – Required Attachment Checklist

The Required Attachment Checklist is to be used to ensure and confirm compliance with the bid submission requirements. The checklist must be completed and submitted as the cover of your bid package.

B. Exhibit B.1, Exhibit B.2, and Exhibit B.3 Contractor’s Bid Forms

Contractor's Bid Form: must be completed and submitted with an original signature by the individual legally authorized to bind the bidder. Proposal form must contain the proposed bid cost for Total Cost.

C. Licenses/Certification

Bidders must possess and submit in their bid package a valid and current copy of ALL of the following:

1. Hazardous Substance Removal Certificate as issued by the California Contractor’s State License Board (CSLB).

2. Hazardous Waste Transporter Registration as issued by the Department of Toxic Substance Control (DTSC).

3. California Department of Motor Vehicles (DMV) Motor Carrier Permit.

4. US Department of Transportation (DOT) Registration Number.

5. Hazardous Material Transporter License as issued by the California Highway Patrol

(CHP).

6. US Environmental Protection Agency (EPA) Identification Number as issued by the

US EPA.

7. Registered in the State of California’s Department of Resource Recycling and

Recover (Cal Recycle) as a used/waste tire hauler.

8. Commercial Driver’s License (CDL) with a HAZMAT endorsement to transport waste as issued by the Transportation Security Administration (TSA) for each employee to be used in fulfilling these services.

D. Insurance Certificate

The bidder must possess and provide a copy of their insurance certificates meeting the terms outlined in Exhibit E, Article II. Certificate of Insurance Requirements:

1. Commercial General Liability, AND

2. Automobile Liability, AND

3. Environmental/Pollution Liability, AND

4. Workers’ Compensation

Proof of coverage and limits for the above required terms are required in the bid submission package. The additional insured language (see Exhibit E, Article II.

Certificate of Insurance Requirements) will be required as a condition of contract award.

E. Contractor Certification Clauses (CCC 04/2017)

The Contractor Certification Clauses (CCC 04/2017) must be signed and dated with an original signature. The CCC 04/2017 can be found at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language.

F. Payee Data Record (STD 204) and Payee Data Record Supplement (STD 205)

The STD 204 form must be completed and submitted with an original signature. The STD 204 form can be found at:

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

The STD 205 form must be completed and submitted with an original signature if the bidder must identify a remittance address that is different from the mailing address identified on the STD 204. The Payee Data Record Supplemental STD 205 can be found at https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf.

G. Generative Artificial Intelligence (GenAI) Disclosure and Factsheet (STD 1000)

The STD 1000 form must be completed and submitted with an original signature. See General Information, Article VIII. Generative Artificial Intelligence (GenAI) Disclosure Notification for more information. The STD 1000 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

H. Attachment 2 – Certification of Workers’ Compensation Insurance

The Certification of Workers’ Compensation Insurance form must be fully completed, signed and dated with an original signature.

I. Attachment 3 – Darfur Contracting Act Certification, or Attachment 3a – Darfur Contracting Act Certification Supplemental

The Darfur Contracting Act Certification or the Darfur Contracting Act Certification Supplemental must be fully completed, signed and dated with an original signature.

J. Attachment 4 – California Civil Rights Certification

The California Civil Rights Certification must be fully completed, signed and dated with an original signature.

K. Conditional Attachments

1. Subcontracting

If bidder intends to subcontract any portion of the work outlined in Exhibit A, Scope of Work, the Bidder Declaration (GSPD-05-105) form must be completed and submitted with original signature. The GSPD-05-105 form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

2. Small Business Preference

If bidder intends to apply for the Small Business Preference the Attachment 5 Small Business Preference Sheet must be completed and submitted with original signature.

The bidder must submit proof of Small Business certification. Failure to submit a copy of your proof of certification for the industry appropriate for this bid will not be cause for bid rejection; however, preference for small business will not be considered or granted for your bid. Certification can be verified on Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

3. DVBE Incentive Option

If bidder intends to apply for the DVBE Incentive the following documents are required. Failure to submit any of the documents for this bid will not be cause for bid rejection; however, DVBE incentive will not be considered or granted for your bid.

• Bidder Declaration (GSPD-05-105). Bids must include a GSPD-05-105 form completed in accordance with the instructions on the form. The GSPD-05-105 form can be found at:

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

• DVBE Certification. Bids must include a copy of the DVBE certification for each DVBE contractor/subcontractor. DVBE certification can be verified and printed from Cal eProcure at https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

XIV. BASIS OF AWARD

Following the public bid opening, the CDE Contracts Office will review the low bid for compliance with the bid requirements, specified herein, and to determine if the low bidder is responsible and responsive to this IFB.

The contract shall be awarded on the basis of the responsive/responsible bidder submitting the lowest average Total Cost for hazardous waste removal and disposal services stated on the Contractor’s Bid Forms, Exhibit B.1, B.2, and B.3.

The lowest average Total Cost will be computed by adding the Total Cost from each of the three bid forms, Exhibit B.1, B.2, and B.3, and then dividing the amount by three.

Charges for the bidder’s operating expenses such as: labor, material, per diem, travel, transportation, fuel, parking, equipment, equipment rental, taxes, permits, licenses, insurance and/or any other overhead expenses must be included as part of the bidder’s rates.

All bid responses must comply with the requirements outlined herein. Failure to do so will disqualify the bid. If it is determined not to be in the best interest of the State, the State reserves the right to not award a contract in response to this IFB.

https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx https://caleprocure.ca.gov/pages/PublicSearch/supplier-search.aspx

THE STATE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

The method that shall be used as a "tie-breaker" in the event of a two-way (or more) tie of the responsive/responsible lowest bid will be to place the names of the bidders in a container. The first name drawn will be the proposed awardee. The remaining bidder(s) name(s) will be drawn sequentially and noted in case, upon validation, the proposed awardee selected through the tie-breaking process is unacceptable.

Small business bidders, meeting the IFB specifications, shall have precedence over non-small business bidders in that the application of any bidder preference for which non-small business bidders may be eligible under any other provision of law shall not result in the denial of the award to a small business bidder.

In the event of a precise tie between the low responsible bid of bidder meeting the specifications of a small business, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business, the contract shall be awarded to the veteran-owned small business.

Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the contracting agency at least five working days prior to awarding the contract.

XV. TIRE HAULER BOND

Once bids have been reviewed in accordance with General Information, Article XIII Basis and Process of Award, and the CDE has determined the proposed, the CDE will contact the proposed awardee and request that the tire hauler bond be submitted. Once submitted, the tire hauler bond will be reviewed by the CDE for compliance with the IFB requirements. Failure to comply with IFB requirements will result in disqualification.

XVI. OPTION TO RENEW

The contract awarded through this IFB would expire on August 31, 2025; however, the CDE may exercise the options to renew for two additional years.

Costs for the first one-year option to renew (September 1, 2025 – August 31, 2026) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.2, contract period September 1, 2025 – August 31, 2026. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in February 2025.

Costs for the second one-year option to renew (September 1, 2026 – August 31, 2027) shall be computed in accordance with the Contractor’s Bid Form Exhibit B.3, contract period September 1, 2026 – August 31, 2027. If the State elects to renew the agreement with the Contractor, the CDE Contract Monitor will notify the Contractor of the option to renew in February 2026.

XVII. CONTRACT AWARD PROTEST PROCEDURES

If prior to the award, any bidder files a protest with the CDE against the awarding of the contract on the grounds that it is the lowest responsive/responsible bidder meeting the specifications of the IFB, the contract shall not be awarded until either the protest has been withdrawn or the DGS has decided the matter. Protests shall be limited to those bases specified in Public Contract Code section 10345 (Attachment 7 describes the protest procedures to be followed by a bidder filing a protest). The protest shall be sent to:

Department of General Services Office of Legal Services ATTN: Bid Protest Coordinator 707 3rd Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605 EMAIL: OLSProtests@dgs.ca.gov

California Department of Education Contracts Office ATTN: Contract Manager 1430 N Street, Suite 2213 Sacramento, CA 95814 EMAIL: ContractsOffice@cde.ca.gov mailto:OLSProtests@dgs.ca.gov mailto:CONTRACTSOFFICE@cde.ca.gov

EXHIBIT A – SCOPE OF WORK

I. GENERAL SCOPE

The Contractor will provide all labor, personnel, permits/licenses, insurance, packaging materials, tools, vehicles, placards, labels/markings, equipment (including personal protective equipment and safety equipment) and every other item of expense required to provide services for pick-up, transportation, and disposal of hazardous waste for the Career Technical Department and Plant Operations Department at the California School for the Deaf, Riverside (CSDR) (as defined in 40 Code of Federal Regulations C.F.R) in accordance with all federal, state, local agencies, laws, rules, regulations, statutes and time frames set forth by the California Environmental Protection Agency (Cal EPA), the California Department of Toxic Substance Control (DTSC), and the U.S. Environmental Protection Agency (EPA), as described herein.

II. CONTRACT MONITORS

The California Department of Education (CDE) assigns Brandon Bowdidge, bbowdidge@csdr-cde.ca.gov, (951) 824-8021 and Alex Bratcher, abratcher@csd-cde.ca.gov, (951) 248-7700, as the CDE Contract Monitors to oversee this project. Said CDE Contract Monitors are not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

The Contractor must assign a Contractor Contract Monitor to oversee this project. Said Contractor Contract Monitor is not authorized by the State to make any commitments or make any changes which will affect the price, terms or conditions of this Agreement without a formal contract amendment.

III. LOCATION

The services of this contract are located at the CSDR at 3044 Horace Street, Riverside, CA 92506.

IV. WASTE SPECIFICATIONS

The Contractor will comply with all federal, state, local laws, and regulations to safely pack-up, pick-up, and dispose of various hazardous and universal waste at the CSDR campus on an as needed basis. The Contractor will schedule these services with the CDE Contract Monitors at least four (4) days in advance via email or telephone. Such waste will consist primarily of these category types, but is not limited to this list:

HAZARDOUS WASTE

WASTE

CODE

ITEM

1 791 Corrosive Liquid 2 332 Water Based Paints 3 343 Flammable Liquids 4 343 Flammable Liquid Including Paint Thinner 5 221 Petroleum Based Products, Containers Lab Pack mailto:bbowdidge@csdr-cde.ca.gov mailto:abratcher@csd-cde.ca.gov

6 221 Petroleum Based Products, Non-Lab-Pack 7 221 Motor and Gear Oil 8 222 Water/Petroleum Non-Flammable 9 223 Rags, Absorbent for Motor Oil 10 331 Aerosols Flammable 11 223 Hazardous Waste Solids, Flammable 12 223 Coolant 13 232 Pesticides 14 181 Non RCRA Non-PCB Ballast 15 331 Petroleum Based/Flammable Liquids/Paint Adhesives 16 331 Water Based Paint Related Material 17 NA Latex Paint 18 NA Lead Based Paint Chips 19 NA Various Acids 20 NA Empty Drums*

UNIVERSAL WASTE

1 NA Lead Base Batteries 2 NA Tires 3 NA Lithium Batteries 4 NA Ni-Cad Batteries 5 151 Asbestos Friable and Non-Friable 6 NA Cubic Yard Box for paint and building related materials.

*Please refer to section XI., Equipment and Materials Required, Item C.

V. COLLECTION REQUIREMENTS

All removed material and substances shall be safely collected, handled, transported, stored, and disposed of by the Contractor in full compliance with all applicable federal, state, local laws, including my not limited to the EPA standards, ordinances, rules, and any other regulatory standards.

VI. CHEMICAL CONTENT DEFINITIONS

A. “Various liquids” could include, but are not limited to, various petroleum-based products and/or water containing petroleum products and/or alcohol-based chemicals such as paint thinner, solvent, etc. All liquids are free liquids.

B. “Free liquids” include, but are not limited to, liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

C. “Paints” may include, but are not limited to, paint and paint products, both petroleum and latex based.

D. “Corrosive” is defined as a liquid that can cause damage or destruction to any other substance when combined. It may include, but is not limited to, battery acid.

E. “Tires” will be from, but not limited to, truck(s), car(s), and golf carts without rims.

VII. PACKING DRUMS

A. The Contractor will provide all required drums and replace all picked up or damaged drums with empty drums.

B. The Contractor, through the use of a completely closed system, may pump the waste from the drum if needed. Any necessary cleanup of spillage resulting from pumping the drums will be the responsibility of the Contractor, including liability.

Should the Contractor choose this method, this will be done thoroughly and immediately to the satisfaction of the CDE Contract Monitor or the assigned designee, entirely at the Contractor’s expense.

VIII. PICK-UP CHANGES UNDER SPECIAL CIRCUMSTANCES

A. The CDE Contract Monitor or the assigned designee will notify the Contractor, via email or phone, of any change in pick-up or location of drums, or any additional pick-up sites. The Contractor will pick-up within 24 hours after the request has been made. Pick-up times will be between the hours of 7:00 a.m. and 2:00 p.m., Monday through Friday, excluding state holidays.

B. Special circumstances may include, but are not limited to, pick-up as needed due to special events and pick-up location needs due to the relocation of department areas.

IX. SCHEDULED PICKUPS

A. The CDE Contract Monitor or the assigned designee will notify the Contractor, via email or phone, of the applicable pick-up sites. Pick-up times will be between the hours of 7:00 a.m. and 2:00 p.m., Monday through Friday, excluding state holidays.

B. The Contractor will provide all services, including any and all required reports, in accordance with the EPA and DTSC.

C. The Contractor will remove hazardous waste to ensure compliance with the 90 days limitation as stated in the California Code of Regulations (CCR). The anticipated pick-ups will occur once every quarter of each fiscal year during the months of August, November, January, and April. The CDE Contract Monitor will notify the Contractor, via email, of the disposal date four (4) days prior to the removal date.

D. Hazardous waste shall be stored at one (1) of two (2) on-site storage locations, which include the Hazardous Materials Central Storage Locker behind the CPO Office and the High School Auto Shop, Career Technology Education Building for used tires. Waste is typically pre-packaged in approved Department of Transportation (DOT) containers by the CDE Contract Monitor unless the proper container is unavailable at the time. The CDE Contract Monitor will notify the Contractor, via email, 24 hours prior to the pick-up that a container is not available and the Contractor shall assist in packaging at the storage facility when requested by the CDE Contract Monitor.

E. The CDE Contract Monitor reserves the right to increase and/or decrease services, as needed, to accommodate any unforeseen increase and/or decrease in the volume of hazardous waste.

F. The Contractor will complete the hazardous waste pick-up and disposal services within the time frames specified above. In the event the Contractor fails to provide services within the time frame specified without prior approval from the CDE Contract Monitor, the CDE reserves the right to have services provided by another company at the Contractor’s expense.

G. The number of drums the Contractor will pick up will vary and is dependent on the volume of hazardous waste.

X. HAZARDOUS CATEGORIZATION TEST

If the CDE cannot determine the category for an item, the Contractor will perform hazard categorization tests to identify or categorize the hazards presented by the substances in order to properly package, transport, and dispose of hazardous waste.

A. The Contractor will determine the category of an item by obtaining an environmental analysis from an independent environmental laboratory.

B. The environmental analysis must be performed by an independent environmental laboratory accredited by the EPA, State Water Resources Control Board (SWRCB).

C. A copy of the independent environmental laboratory’s EPA SWRCB accreditation shall be provided to the CDE Contract Monitor upon request.

D. The Contractor will provide the CDE Contract Monitor with a report on the category of the item that is tested.

E. The CDE Contract Monitor will determine how to proceed, based on the results of the category testing. The CDE will not guarantee that removal of the identified substance will be provided by the Contractor.

XI. EQUIPMENT AND MATERIALS REQUIRED

A. The Contractor will provide transporting vehicles, safety equipment, hazardous waste containers, packing materials, and all miscellaneous material needed to complete the safe packing, pick-up, transporting, and disposal of hazardous waste.

The Contractor will consolidate partially full containers that are chemically compatible whenever regulations allow, and it is cost effective.

B. The Contractor will record the assigned number on each CDE waste tag each time the waste drum is packaged and deliver the waste tag to the CDE Contract Monitor.

Additionally, the waste tag numbers are to be noted on the inventory sheet with a copy delivered to the CDE Contract Monitor via email. The inventory sheet will be produced by the Contractor, and signed off by the CDE Contract Monitor.

C. The Contractor will remove all empty drums. “Empty Drums” refer to drums that previously contained some kind of hazardous material, meets California’s definition of an “Empty Drum” and now requires removal. These drums may vary in sizes and materials including 5, 16, 20, 30, and 55 gallons, and plastic (poly), and steel. The Contractor will replace with a new empty drum. Required drums include, but are not limited to:

Number of Drums*

Type of Container Hazardous Material Content

2 DOT approved 15 gal.

steel drum

Rags, ballasts (Resource Conservation and Recovery Act [RCRA] and Non-

RCRA)

2 DOT approved 30 gal.

steel drum Oil Filters, flammable liquids, oil, aerosols

1 DOT approved 30 gal.

steel drum Asbestos containing waste

2 DOT approved 30 gal.

steel or poly drum

Liquids, paints (oil and water-latex based), coolants, corrosives

2 DOT approved 5 gal. poly drum

Light bulbs, paints (oil and latex based), sealants, corrosives

4 DOT approved 5 gal.

steel or poly drum

Light to mild industrial and commercial solvents and chemicals

1 DOT approved 55 gal.

steel drum Petroleum products

1 DOT approved 55 gal.

poly drum Liquids, coolants

1 DOT approved 15 gal.

steel drum

Lead chips, various acids, flammable liquids, paint thinner

1 DOT approved 35 gal.

steel drum

Flammable hazardous waste solids, water based, or petroleum based hazardous waste

2 DOT approved 5 gal.

steel or poly drum

Light to mild industrial and commercial solvents and chemicals, pesticides

1 DOT approved 15 gal.

steel drum

Petroleum Based Products Drums – Lab Packs

1 DOT approved 35 gal.

steel drum

Petroleum Based Product Drums – Non- Lab Pack

**Number of drums are quarterly estimates and can be decreased or increased at the discretion of the CDE Contract Monitor or assigned designee, as needed.

XII. DRIVERS

The Contractor will fully orient new drivers to the CSDR facility and necessary methods of pick-up. It is the Contractor's responsibility to see that each driver is fully informed as to the provisions in the contract, especially those regarding CDE rights and clauses covering miscellaneous hazardous waste pick-up.

XIII. LICENSES/PERMITS/CERTIFICATION

A. All work will be performed under the direction of the CDE Contract Monitor or the assigned designee and in accordance with Title 49, Section 100-177, Code of Federal Regulations (CFR), and all applicable federal, state, local laws, and rules, regulations, statutes, and time frames as set forth by the EPA and DTSC.

B. The Contractor will be responsible for keeping a valid and current copy of all required documents for the entire term of the contract, including:

1. Hazardous Substance Removal Certificate as issued by the California

Contractor’s State License Board (CSLB).

2. Hazardous Waste Transporter Registration as issued by the DTSC.

3. California Department of Motor Vehicles (DMV) Motor Carrier Permit.

4. US DOT Registration Number.

5. Hazardous Material Transporter License as issued by the California Highway

Patrol (CHP).

6. US EPA Identification Number as issued by the US EPA.

7. Registered in the State of California’s Department of Resource Recycling and

Recover (Cal Recycle) as a used/waste tire hauler.

8. Waste Tire Hauler Bond.

C. The Contractor’s employees to be used in fulfillment of this contract shall possess the following: A Commercial Driver’s License (CDL) with a HAZMAT endorsement to transport waste as issued by the Transportation Security Administration (TSA).

D. The Contractor must provide all required certificates/licenses to the CDE Contract Monitor upon request.

E. In the event that a Contractor’s required license or certification is soon to expire, the Contractor shall provide current/renewed license or certification to the CDE Contract Monitor within 30 calendar days prior to expiration.

XIV. COORDINATION

A. The Contractor and all employees are to sign in daily at the administration building and present either a valid state issued driver’s license or identification card. The Contractor and all employees will be issued a visitor’s badge which must be worn at all times while on CSDR’s campus.

B. While on campus, the Contractor and all employees will be escorted by either the CDE Contract Monitor or an assigned designee.

C. Work under this contract may take place while school is in session. The Contractor shall keep all paths of travel areas clear of debris, and equipment.

D. The Contractor will be aware of and follow all health and safety laws and policies set forth by the federal, state, and local governments, as well as policies prescribed by the CSDR. This includes all regulations, mandates, executive orders, etc. regarding

COVID-19.

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

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 herein, which is attached hereto and made a part of this agreement.

Invoices shall include the Agreement Number DR240032 and shall be submitted in arrears, not more frequently than monthly in duplicate to:

California Department of Education California School for the Deaf, Riverside Attention: Accounting Office 3044 Horace Street Riverside, CA 92506 Email: bbowdidge@csdr-cde.ca.gov, abratcher@csd-cde.ca.gov

II. BUDGET CONTINGENCY CLAUSE (rev. 9/2012)

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the California State Legislature for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner.

C. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

D. Pursuant to GC, Section 927.13, no late payment penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency.

E. CDE has the option to terminate the Agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction in funds.

III. PAYMENT

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

mailto:bbowdidge@csdr-cde.ca.gov

IV. DVBE PARTICIPATION WITHHOLD (1/1/2022)

In accordance with the requirements set forth in the Military and Veterans Code (MVC), Section 999.7, the State shall withhold from the final payment amount to the Contractor, $10,000.00, or the full final payment if less than $10,000.00, until the prime Contractor complies with the certification requirements of MVC 999.5(d) by submitting to the State a completed an accurate Prime Contractor’s Certification – DVBE Subcontracting Report (STD. 817) form and proof of payment to DVBE(s). Such retained amount shall be held by the State and shall be released pending receipt of a complete and accurate STD. 817 and proof of payment to the DVBE(s). If the Std. 817 form is late or incomplete, the State will allow the Contractor to cure within 30 days to meet the certification requirements. If the Contractor does not comply by the given deadline, the withheld amount will be permanently deducted. (See Exhibit E, Contract Requirements Related to DVBE Participation Compliance)

EXHIBIT B.1 – CONTRACTOR’S BID FORM

Hazardous Waste Removal and Disposal Services – DR240032

Contract Period: September 1, 2024 through August 31, 2025

The undersigned Contractor hereby proposes to furnish all labor, material, per diem, travel, transportation, fuel, parking, equipment, equipment rental, taxes, permits, licenses, insurance…