DRR15032_RFQ_So._Cal._remediation.pdf

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

Notice to Prospective Proposers

March 30, 2016

You are invited to review and respond to this Request for Qualifications (RFQ), entitled “Landfill, Disposal Site, and Waste Tire Site Remediation for Southern California DRR15032”. In submitting your Statement of Qualifications package, you must comply with the instructions herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions, Special Terms and Conditions and Contractor Certification Clauses which are referenced in Section II of this package. If you do not have internet access, a hard copy will be provided by contacting the person listed below.

In the opinion of the Department of Resources Recycling and Recovery (CalRecycle) this RFQ is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this RFQ is:

Melissa Mojonnier contracts@calrecycle.ca.gov

Phone: 916.341.6048 Fax: 916.319.7390

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum, see Section II, Rules and Conditions, Written Questions.

Melissa Mojonnier Contract Administrator mailto:contracts@calrecycle.ca.gov

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Table of Contents Section 1 Overview

General Information CalRecycle Contact Information Service Needed Contract Budget Liquidated Damages Contract Term Process Type Process Schedule

Section II Rules and Conditions Introduction Commitment Antitrust Claims Participation Costs Information Written Questions Addenda Modification of Submittals Errors in Submittals Unreliable List Governance Electronic Waste Recycling Use Tax Subcontractors

Section III Statement of Qualifications Submittal Requirements Introduction Deadline Addressing Number of Copies Document Printing Contractor Eligibility Cover Letter Table of Contents Statement of Qualifications Illness and Injury Prevention Program (IILP) and/or Health and Safety Plan (HSP) Licenses and Certifications Compliance with Government Code Section 87100 Public Contract Code Sections 10162 & 10285.1 & Non-Collusion Public Contract Code Sections 2202-2208 Small Business (SB) Participation Disabled Veteran Business Enterprise Participation (DVBE)

Section IV Evaluation and Selection Introduction Grounds for Rejection Selection Process Oral Interview

Negotiating of Contracts Award of Contract Execution of Contract Start of Work Protest of Award

Section V Description of Work Introduction Work to be Performed Tasks Identified Work Plans Contract/Task Time Frame Control of Work

Section VI Cost and Payment Provisions Payment Labor Rates Travel and Per Diem Office Support Employees Contractor-owned Equipment (if applicable) Rental Equipment (if applicable) Small Equipment and Tools (if applicable) Materials (if applicable) Communication Subcontractors Non-Hazardous Material Transport and Disposal Hazardous Material Transport and Disposal (if applicable) Insurance Other Services and Material Non-compensable Services Records State Income Tax Withholding

Section VII Definition and Terms Attachments

Statement of Qualifications Selection Criteria and Relative Weightings Compliance With Government Code, Section 87100 Public Contract Code Section 10162 - Questionnaire Iran Contracting Act Bidder Declaration Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) Subcontractor Payment Certification Recycled-Content Certification Client References Draft Standard Agreement Proposal Completion Checklist

Department of Resources Recycling and Recovery RFQ Number DRR15032

Section 1 Overview

General Information CalRecycle promotes a zero waste California in partnership with local government, industry, and the public. This means managing the estimated 76 million tons of waste generated each year by reducing waste whenever possible, promoting the management of all materials to their highest and best use, and protecting public health and safety and the environment.

“Firm” as used herein refers to the party submitting a SOQ. “Contractor” as used herein refers to the firm awarded the Contract resulting from the RFQ.

CalRecycle Contact Information Department of Resources Recycling and Recovery Physical Address: 1001 I Street, Sacramento, CA 95814 CalRecycle Contracts Unit, MS-19A

Mailing Address: PO Box 4025, Sacramento, CA 95812-4025 Attn: Contracts Unit, MS-19A Phone: (916) 341-6048

FAX: (916) 319-7390

EMAIL: contracts@calrecycle.ca.gov

Any documents delivered in person must be received in the Visitor`s & Environmental Service Center located in the lobby of the CalEPA Headquarters Building at 1001 I Street, Sacramento, CA 95814.

Service Needed CalRecycle is seeking a Contractor to perform remediation at solid waste disposal sites, illegal disposal sites, waste tire sites and/or emergency disaster debris cleanup sites located in Southern California on an as-needed basis during the Agreement period. For the purpose of this contract, Southern California is defined as all counties within California located to the south of, and including, San Luis Obispo County, Kern County, and San Bernardino, including Mono County and Inyo County. The Contractor will serve as backup for other environmental services contractors serving other geographic areas of California and may be required to work in those areas in case resources to perform tasks in accordance with CalRecycle’s requirements are unavailable.

Contract Budget It is anticipated that this contract would be awarded in June 2016 and expire in May 2018. This contract will ultimately encumber funding from Fiscal Years 2015/2016, 2016/2017 and 2017/2018, and is subject to the passage of the respective Budget Acts and funding availability. Subject to the availability of these funds, there is a current maximum budget of $3,450,000.00 (three million four hundred fifty thousand dollars and zero cents). CalRecycle reserves the right to amend the budget for this Contract as needs arise.

Liquidated Damages The Contractor shall be subject to liquidated damages as set forth in the Liquidation provision contained in the Special Terms and Conditions, see Section II, Commitment, to link to the Special Terms and Conditions.

Contract Term The term of this Contract will span approximately 31 months and is expected to begin in June 2016. CalRecycle reserves the right to amend the term of this Contract as needs arise.

Process Type Request for Qualifications (RFQ)

Process Schedule This process will be conducted according to the following tentative schedule where all times are Pacific Time

Advertisement Date March 30, 2016 Written Questions Due by 5:00 pm April 8, 2016 Statement of Qualifications (SOQ) Due by 2:00 pm April 29, 2016 Oral Interviews Conducted with Highest Ranked Firms May 18-May 20, 2016 Negotiations begin with Most Qualified Firm May 23, 2016 mailto:contracts@calrecycle.ca.gov

Section II Rules and Conditions

Introduction The information below sets out the conditions that this RFQ, the submitting firm’s Statement of Qualifications (SOQ or SOQ package) and the resulting Contract are subject to and/or the requirements for which the firm must comply. Any concerns or issues with any of the conditions or requirements, including those referenced below under Commitment must be addressed during the Question and Answer period of this RFQ.

Commitment The following documents and the SOQ package will comprise the Contract:

• This RFQ package

• Special Terms and Conditions available for viewing at www.calrecycle.ca.gov/Contracts/Forms/default.htm

• General Terms and Conditions (GTCs) available for viewing at www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.

• Contractor Certification Clauses (CCCs) available for viewing at www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx .

• Modified General Provisions of the CalTrans Standard Specifications dated July 1999 (available for viewing at www.calrecycle.ca.gov/contracts/Forms/StdSpecs99.pdf.)

• CalTrans Standard Specifications http://www.dot.ca.gov/hq/esc/oe/specs_html

• Work Orders

• Supplemental agreements which may be required to complete the work in a substantial and acceptable manner.

The above terms, conditions, and/or requirements are not subject to negotiation. Any SOQ that reserves a right to negotiate or expresses any exception to the above terms, conditions, and/or requirements will be disqualified.

However, requests to revise any of the above terms, conditions, and/or requirements may be submitted during the formal question and answer period. Any such requests must include the current language, the proposed revised language, and the justification for the proposed revision. Any revisions are at the sole discretion of CalRecycle and will only be made under very limited circumstances in which the revisions apply to all firms and benefit or enhance the Contract.

By submitting a SOQ, the firm commits to accepting these terms, conditions and requirements.

CalRecycle is not committed to award a Contract resulting from this RFQ. In addition, award of this Contract does not obligate CalRecycle to issue any work orders and the Contractor shall have no claim for damages or compensation for anticipated profits should CalRecycle not issue any work orders.

Antitrust Claims In submitting a SOQ Package to a public purchasing body, the firm offers and agrees that if the SOQ Package is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the firm for sale to the purchasing body pursuant to the SOQ Package. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. (See Government Code Section 4552.)

If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the SOQ Package price, less the expenses incurred in obtaining that portion of the recovery. (See Government Code Section 4553.)

Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (See Government Code Section 4554.)

http://www.calrecycle.ca.gov/Contracts/Forms/default.htm http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx http://www.calrecycle.ca.gov/contracts/Forms/StdSpecs99.pdf http://www.dot.ca.gov/hq/esc/oe/specs_html/

Participation Costs All costs resulting from the firm’s participation in the RFQ process are at the firm’s expense. No costs incurred by a firm participating in the RFQ process will be reimbursed by CalRecycle.

Information Any information contained in the firm’s SOQ that the firm considers as confidential or a trade secret(s) under the Public Records Act (PRA) or the Public Contract Code (PCC) must be clearly marked at the top of the page as “Confidential” prior to submission to CalRecycle. Any claims of confidentiality or trade secret(s) except as to information that qualifies as such under the PRA or PCC may result in disqualification.

CalRecycle will hold information deemed confidential or trade secret(s) by the firm to the extent allowable by the California PRA and the PCC.

Written Questions This RFQ includes a formal question and answer period in which firms have the opportunity to submit questions regarding the RFQ. All questions must be submitted in writing either by mail, fax, or e-mail to the CalRecycle contact as listed in Section I. Correspondence must be marked “Questions Relating to RFQ DRR15032”. The questions and answers will be published in an Addendum to the RFQ (see below-Addenda). The addenda will not divulge the source of the request.

Addenda CalRecycle reserves the right to amend, alter, or change the rules and conditions of this RFQ.

Any ambiguity, conflict, discrepancy, omission, or other error discovered in the RFQ should immediately be reported to CalRecycle prior to the deadline for submission of written questions. Firm’s seeking clarification of the RFQ requirements must submit questions during the written question and answer period. CalRecycle will issue addenda to address all written questions submitted during the question and answer period.

Receipt of Addenda must be acknowledged as indicated in Attachment A, section H, “Acknowledgment/Authorization Form”. All addenda to this RFQ can be viewed on the Contracts Unit website at www.calrecycle.ca.gov/contracts.

Modification of Submittals A SOQ submitted prior to the submittal deadline, can be withdrawn or modified per written request by the submitting firm.

A SOQ package cannot be withdrawn for modification after the submittal deadline has passed.

Errors in Submittals An error in a SOQ package may be cause for rejection of that SOQ. However, rejection may not be required and CalRecycle may make certain corrections if the error is of a minor nature and/or the firm’s intent is clearly established based on a review of the complete SOQ package as determined by CalRecycle.

Unreliable List Any firm currently on the CalRecycle Unreliable list is ineligible to apply for or participate in this contract.

Governance If any provisions of the Contract are found to be unlawful or unenforceable, such provisions will be voided and severed from the Contract without affecting any other provision of the Contract. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that the Contract be deemed to be a valid and binding agreement enforceable in accordance with its terms.

This Contract is governed by and shall be interpreted in accordance with the laws of the State of California.

All proceedings concerning the validity and operation of the Contract and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Contract is entered into and place where the obligation is incurred is Sacramento County, California.

The person signing the Contract on behalf of the Contractor shall certify under penalty of perjury under the laws of California, that the Contractor is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

This statement may be included on the cover letter of the SOQ.

http://www.calrecycle.ca.gov/contracts

Electronic Waste Recycling If the Contractor or any subcontractors participate in activities that result in the disposition of electronic components, they shall comply with the provisions of PRC Chapter 8.5.

Use Tax If, during the course of the Contract, the Contractor will be involved in the re-sale of goods to the State, they must comply with the requirements of Section 6452.1, 6487, 6487.3, 7101, and 18510 of the Revenue and Taxation Code, in addition to Section 10295.1 of the Public Contract Code.

Subcontractors All subcontractors identified in the SOQ, must be experts in their respective disciplines and capable of performing the tasks for which they are hired.

If awarded the Contract, the contractor must use all of the SB and DVBE firms identified on the Bidder Declaration (Attachment F).

Contractor understands and agrees that should award of this contract be based in part on its commitment to use the DVBE subcontractor(s) identified in its SOQ, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the Scope of Work that impact the DVBE subcontractor(s) identified in the SOQ and approved DVBE substitutions will be documented by contract amendment.

Failure of the Contractor to seek substitution and adhere to the DVBE participation level identified in the SOQ may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9; Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).

CalRecycle reserves the right to approve substitutions of subcontractors, as long as, certified business participation levels remain unchanged.

Section III Statement of Qualifications Submittal Requirements

Failure to follow the instructions contained in this document may be grounds for rejection of a Statement of Qualifications package.

CalRecycle may reject any SOQ if it is conditional, incomplete or contains irregularities. CalRecycle may waive an immaterial deviation in a SOQ, if deemed in the best interest of CalRecycle.

Deadline The SOQ package must be received by CalRecycle, at the address listed in Section I, Overview by 2:00 p.m. on April 29, 2016. SOQ’s received after the deadline, will be considered late and returned to the firm unopened.

Addressing The SOQ package must clearly state on the front of the envelope: 1) that it is in response to this RFQ; 2) the number of this RFQ; and 3) the direction: “Mailroom – do not open.”

Number of Copies The firm must submit all required documents in the following format:

• One original, non-bound hard copy marked “Original”

• 3 bound, hard copies marked “Copy”

• One electronic copy on disc, compact disc, or USB viewable by Adobe Acrobat Reader. The entire SOQ, including any attachments, must be saved as a single document.

It is the submitting firm’s responsibility to ensure that the electronic copy is formatted in Adobe Acrobat Reader and viewable by CalRecycle.

Document Printing All documents must be submitted double-sided on paper containing 100% post-consumer recycled content fiber.

Contractor Eligibility The firm must include a written declaration in the cover letter (see below), stating that the Contractor and any Subcontractors to be used during the performance of the contract are eligible to contract with the State of California, pursuant to PCC 10286 et seq.

Cover Letter The cover letter shall be signed by an individual who is authorized to bind the firm and shall indicate that person's title or position. The cover letter must be on the firm's company letterhead and contain the following information:

a. Name and address of the firm submitting qualifications;

b. Firm’s Headquarters for purposes of this Contract, if awarded;

c. Name, telephone number, and e-mail address of a person who can be contacted if further information is required;

d. Name, title, address, telephone number, and e-mail address of individual(s) with authority to negotiate and execute a binding Contract on behalf of the firm;

e. Statement that the submission is a firm and irrevocable offer for a 90 day period; and

f. Statement attesting to the fact of the percentage of post-consumer recycled content fiber paper used in the compilation of the SOQ package.

g. Statement stating that the Contractor and any Subcontractors to be used during the performance of the contract are eligible to contract with the State of California, pursuant to PCC 10286; and

h. List of Contractor’s and any subcontractor(s’) business names, identification of certified SB status, if applicable, and corresponding OSDS Reference number(s) issued to the certified SB by the DGS.

Table of Contents The information must be organized as presented in conformance with the SOQ format (Attachment A) with corresponding page references (i.e., General Information, Licensing/Health and Safety Information, etc.)

Statement of Qualifications Firms shall respond to all items in the SOQ form (Attachment A). If the answer to any item is "Not Applicable" or "None" so state in the designated space on the SOQ form. If there is no response for an item, the SOQ package may be considered non-responsive and the submittal may be rejected. The following information is provided as clarification of the requirements of some subjects contained within the SOQ but is not a complete list of all information required for inclusion in the firm’s submittal:

a. References: Firms must provide the name and current phone number of references who can confirm the accuracy of the experience and qualifications listed in the SOQ. References who are employees of the firm submitting the SOQ or employees of entities legally associated with the firm submitting the SOQ will not be considered as valid references. Experience or qualifications that cannot be confirmed by CalRecycle staff (e.g., inappropriate contact person or incorrect telephone number) will be disregarded (see Attachment l).

b. Organizational Chart: Firms must provide an organizational chart identifying the Project Manager, all subcontractors, all key personnel of the firm and subcontractor who will be providing services under the contract, and all primary employees of the firm and subcontractors who will or may be involved with projects during the course of the Contract. The organizational chart shall indicate whether the individual works for the firm or a subcontractor (see Attachment A, Section G).

c. Resume: A résumé for each of the individuals identified in the Organization Chart must be submitted with the

SOQ. The same person may be responsible for multiple tasks, but their experience in each task must be indicated in their résumé. Each person’s résumé must identify experience related to task(s) that he/she will perform under the Scope of Work.

d. Additional Information: Firms may provide any additional information that demonstrates their ability in performing projects of similar nature to work identified in the Scope of Work in Section V.

e. Partners/Subcontractors: The variety of work may require resources beyond the capabilities of some firms. If other firms are proposed as partners or subcontractors, the experience of those firms, in addition to the experience of the prime firm, shall be indicated on the appropriate forms in the SOQ. All experience documented on the forms shall be clearly marked to show which firm was responsible for the specific work.

Illness and Injury Prevention Program (IILP) and/or Health and Safety Plan (HSP) The Contractor shall have a current company IIPP that meets the requirements of 29 CFR 1910.120(b) or a sample of a recently prepared HSP environmental remediation/cleanup project representative of the types of projects envisioned to be conducted included in Section V. The IIPP shall apply to all employees involved in the Agreement. The HSP should include employees anticipated to be utilized under the Agreement. Each subcontractor involved in the Agreement shall also have a current company IIPP or recently prepared HSP, as described above.

The Contractor shall at all times be responsible for the protection of its employees and the public. Review of the Contractor's IIPP and/or the recently prepared representative HSP by CalRecycle Staff shall in no way relieve the Contractor of responsibility for any aspect of its work, or for compliance with all Federal, State, and local laws pertaining to health and safety.

The Contractor's Project Manager and the assigned Safety Manager (can be the same person) shall be at the site whenever work is being performed, unless otherwise authorized by CalRecycle Staff.

Prior to site entry, the Contractor shall ensure that:

1. Adequate work planning, health and safety evaluation of the proposed work scope and safety planning (including a HSP signed by an appropriate safety professional), and operating procedures review have been completed;

2. All personnel have been properly trained and briefed in hazards and procedures for the site to be entered;

3. Equipment and materials are on-hand to safely and efficiently complete the work;

4. Proper site access authorization has been obtained, and

5. Proposed project employees have read and signed the HSP.

Licenses and Certifications The Contractor shall be an individual or firm qualified to do business in California. Required documentation includes the following as applicable:

1. A copy of the firm’s registration with the Secretary of State.

2. Pursuant to the California Business and Professions Code, for services of a “professional” nature requiring a professional license issued by the CA Department of Consumer Affairs, all team members who will provide contract services of a “professional” nature, including, but not limited to:

• Current Class A, General Engineering Contractor’s license with a Hazardous Substance Removal

Certification (HAZ) issued within the State of California, and

• HAZWOPR Certifications for all proposed Site Superintendents licensed in the State of California

The firm must submit a copy of the appropriate license(s) as part of its SOQ package.

The prime Contractor must have the required General Class A, General Engineering Contractor's license with a Hazardous Substance Removal Certification (HAZ) issued by the State of California. Subcontractors alone cannot be used to fulfill this requirement.

Compliance with Government Code Section 87100 Attachment C must be completed and submitted with the SOQ package

Public Contract Code Sections 10162 & 10285.1 & Non-Collusion Attachment D must be completed and submitted with the SOQ package. Attachment D includes the following provisions: 1) Public Contract Code Section 10162 Questionnaire, (2) Public Contract Code Section 10285.1 Statement, and 3) a Non-Collusion Affidavit.

Public Contract Code Sections 2202-2208 Attachment E must be completed and submitted with the SOQ package.

Small Business (SB) Participation CalRecycle requires a minimum of twenty-five percent (25%) of the project services to be contracted to a California OSDS Certified SB that performs a commercially useful function. All firms shall acknowledge on the Bidder Declaration (Attachment F) that they will comply with this requirement. If awarded the Contract, the Contractor will be required to submit evidence with each Work Plan for each Work Order that it has met these participation goals using the Bidder Declaration (Attachment F).

Bidder Declaration (Attachment F) must be completed and submitted with the SOQ package if the firm is a certified Small Business firm or if the firm has identified qualified Small Business firms as subcontractors at the time of SOQ submittal.

The participation goal for each Work Order can be achieved by a combined effort of the prime and/or any subcontractors that includes:

• If the firm is a Certified OSDS SB, as defined in Section V Definitions and Terms. The Bidder Declaration

(Attachment F) must be completed and submitted with the SOQ.

• If the firm has identified subcontractors to be utilized to meet this goal, the Bidder Declaration (Attachment F) must be completed and submitted with the Work Plan for each Work Order.

Disabled Veteran Business Enterprise Participation (DVBE) CalRecycle requires a minimum of three percent (3%) of the project services to be contracted to a California OSDS Certified DVBE that performs a commercially useful function.

All firms shall acknowledge on the Bidder Declaration (Attachment F) that they will comply with this requirement. The Contractor will be required to submit evidence with each Work Plan that it has met these participation goals using Bidder Declaration (Attachment F).

Bidder Declaration (Attachment F) must be completed and submitted with the SOQ package if the firm is a certified DVBE firm or if the firm has identified qualified DVBE firms as subcontractors at the time of SOQ submittal.

The participation goal for each Work Order can be achieved by a combined effort of the prime and/or any subcontractors that includes:

• If the firm is a Certified OSDS DVBE, as defined in Section V Definitions and Terms. The Bidder Declaration

(Attachment F) must be completed and submitted with the SOQ.

• If the firm has identified subcontractors to be utilized to meet this goal, the Bidder Declaration (Attachment F) must be completed and submitted with the Work Plan for each Work Order.

Section IV Evaluation and Selection

CalRecycle will perform a Pre-Qualification Evaluation process to ensure that the SOQ includes all required documentation and information.

If a SOQ package does not meet all of the requirements set forth in this RFQ, it will be considered non-responsive and rejected from further competition.

SOQ packages that pass this review will be forwarded to the Selection Committee for Evaluation.

Grounds for Rejection CalRecycle may reject any SOQ package if it is conditional, incomplete, or contains irregularities. CalRecycle may waive immaterial deviations and the SOQ package may be evaluated based on the information provided when considered to be in the best interest of CalRecycle. Waiver of an immaterial deviation shall in no way modify the RFQ requirements or excuse the firm from full compliance with the Contract requirements. Grounds for rejection of a SOQ package include, but are not limited to, the following:

• It is received after the due date and time for submittal

• It does not include a reproducible master and the required number of copies;

• All responses to an item are not completed;

• Required license information is not submitted with the SOQ package;

• Required authorizations and certifications for the SOQ package are not properly completed and signed.

• The firm has been prohibited from contracting with the State by the Department of Fair Employment and

Housing

• The firm has received a substantive negative contract performance from the State

• Any items required by the RFQ are not included with the submittal

No SOQ package will be rejected arbitrarily or without reasonable cause.

Selection Process The Selection Committee will evaluate and score all SOQs that passed the Pre-Qualification Evaluation, utilizing the Scoring Criteria identified in this RFQ (Attachment B).

Scores assigned based on evaluation criteria will then be converted to a ranking score. For purposes of identifying the firms to be interviewed, staff will determine the ranking hierarchy based on the cumulative ranking score received by each firm. At a minimum, the top three ranked firms will be invited to interview. In the event that less than three firms are qualified, all qualified firms will be invited to interview.

Information obtained from references, client contacts, project inspectors and regulators significantly influences the ranking of responsive firms. Firms shall provide the name and current telephone number of references that can confirm the accuracy of experience and qualifications listed in the SOQ. Employees of firms, or employees of entities legally associated with the firm, will not be considered valid references. References that are inaccurately listed (e.g., inappropriate contact person or incorrect telephone number) will be disregarded. Experience that cannot be confirmed by CalRecycle staff will be disregarded.

Oral Interview Firms selected for interviews will be notified in advance of the time and place that the interviews will be conducted.

Interviews will address the information provided in the SOQ including, but not limited to, evaluation of qualifications and methods for furnishing the required services.

Failure to appear at the interview will be considered non-responsive and the firm may be eliminated from any further consideration.

Each committee member will independently score the interviewees’ qualifications based on the criteria identified in Attachment B, and when appropriate, supplemental questions. Scores assigned will then be converted to a ranking score. For purposes of identifying the most qualified firm, staff will determine the ranking hierarchy based on the cumulative ranking score received by each interviewed firm. In the event of a tie, the Selection Committee will be reconvened to review the scores and identify the firm deemed most highly qualified to provide the services required.

Negotiating of Contracts Once the highest ranked firm is identified, CalRecycle staff will notify the firm and request the firm’s Detailed Fee Schedule. The firm’s Detailed Fee Schedule shall include appropriate wage rates for office support personnel and appropriate markup rates to be utilized in the performance of the Contract.

CalRecycle staff will attempt to negotiate an agreement with the highest ranked firm. If an agreement is reached, staff will recommend to CalRecycle that the selected firm be awarded the Contract. If an agreement cannot be reached, negotiations will formally be terminated with that firm. Negotiations will then begin with the next highest ranked firm. Failing accord, negotiations shall be terminated. This process will be repeated as necessary until negotiations have been terminated with all interviewed firms. Should CalRecycle staff be unable to negotiate a satisfactory agreement with all of the interviewed firms, CalRecycle staff may select additional firms in the manner prescribed above and continue the negotiation procedure until an agreement is reached, or negotiations on this RFQ are terminated by CalRecycle

Award of Contract Award of the Contract shall be to the highest-ranking firm meeting all the requirements of this RFQ after successful negotiations have been completed.

If the firm is the highest-ranking firm for this solicitation and for the solicitation for the Northern California Region (DRR15031), the award will be based on the firm’s regional preference. Once the regional preference is administered, the next highest-ranking firm will be awarded the Contract for the remaining region.

CalRecycle reserves the right to not award the Contract.

The following forms and information will be required prior to CalRecycle’s execution of the Contract:

1. Payee Data Record (Standard Form 204);

2. Evidence that the Contractor has met the participation goals (Attachment F) identified in Section III, of this

RFQ;

3. Verification of Worker’s Compensation Insurance; and

4. Certificate(s) of Insurance

5. Contractor Certification Clauses.

Execution of Contract The proposed awardee must sign and return the Contract to CalRecycle within 10 days, not including Saturdays, Sundays and legal holidays. If the proposed awardee fails to return the signed Contract within this time period, CalRecycle may deem the proposed awardee to have rejected the Contract. At that point, CalRecycle may disqualify that firm and negotiate and award the Contract to the next most qualified firm.

Start of Work When the Contract has been signed by CalRecycle, a fully executed copy of the Contract will be mailed to the Contractor. Upon receipt of the executed Contract, staff may provide the Contractor with Work Orders for work described in this RFQ.

Protest of Award This RFQ process is not subject to Protest pursuant to GC § 4525.

Section V Description of Work

Pursuant to Public Resources Code (PRC) Sections 48020 et seq., the Department of Resource Recycling and Recovery (CalRecycle) administers the Solid Waste Disposal and Codisposal Site Cleanup Program (Program). In administering the Program, CalRecycle is authorized to expend funds directly for cleanups. Furthermore, PRC Section 42846(a) allows CalRecycle to expend available money in the Waste Tire Recycling Management Fund to perform any cleanup, abatement, or remedial work required under the circumstances set forth in PRC Section 42845.

The purpose of this Contract is to provide environmental construction services where CalRecycle determines that the direct expenditure of funds is the appropriate method for site cleanup.

Work to be Performed

All work under this Contract shall be completed in accordance with Division 1 – General Provisions of the State of California Department of Transportation 2010 publication entitled Standard Specifications and the plans, special provisions, approved Work Plans, and instructions included in Work Orders issued under the Contract.

The Contractor may be required to perform remediations at solid waste disposal sites, illegal disposal sites, waste tire sites and/or emergency disaster debris cleanup sites located in Southern California on an as-needed basis during the contract period. For the purpose of this Contract, Southern California is defined as all counties within California located to the south of, and including, San Luis Obispo County, Kern County, and San Bernardino, including Mono County and Inyo County. The Contractor will serve as backup for other environmental services contractors serving other geographic areas of California and may be required to work in those areas in case resources to perform tasks in accordance with CalRecycle’s requirements are unavailable.

Based on previous remediation contracts, activities listed herein are expected to be required for up to three concurrent remediation projects. Firms interested entering into a Contract for the stated services must be able to provide sufficient staff with technical abilities and related experience to ensure cost effective and timely remediation of sites selected for remediation. All Site Superintendents shall be currently certified for Hazardous Waste Operations and Emergency Response (HAZWOPR) in accordance with Title 29, Code of Federal Regulations (29 CFR), Section 1910.120 and Title 8, California Code of Regulations (8 CCR), Section 5192 and have appropriate experience to adequately perform the tasks outlined below.

Types of anticipated tasks include, but are not limited to:

1. Removal, transportation, and disposal of solid waste, as defined in PRC Section 40191, where recycling of the waste is not economically practical.

2. Collection, transportation, storage, transfer, and/or processing of materials suitable for recycling that would otherwise become solid waste.

3. Consolidation of solid waste and/or burn ash and construction of soil or other types of covers.

4. Site grading and construction of drainage systems.

5. Installation of erosion control systems and establishment of vegetative cover.

6. Construction of excavations, embankments, and placement of fill.

7. Installation of fencing, barriers and signs.

8. Performing trenching, drilling, and other activities for subsurface exploration in support of investigations of potential sites.

9. Identification, collection, segregation, removal, disposal, and/or recycling of hazardous waste as defined in California Health and Safety Code Section 25117, and other wastes encountered during solid waste cleanup.

10. Preparation of Work Plans that shall include, but are not limited to, project work elements, a project schedule, a cost estimate, a site specific injury and illness prevention plan, and any other required documents.

11. Processing of waste tires on-site or off-site by de-rimming, shredding, baling or cutting into pieces.

12. Retrieving, loading, processing, and transporting whole or altered tires on or from a designated site in accordance with applicable laws and regulations.

13. Implementing elements of approved firefighting plans for solid waste and/or waste tire facilities, which may include:

a. Installing tanks or impoundments for firefighting water.

b. Stockpiling sand, foam and other materials.

c. Providing taps, piping valves, hydrants and pumps as needed.

14. The Contractor must have industrial hygiene resources available to prepare site specific Health and Safety Plans (as necessary) and provide occupational health and safety equipment and training and support for field staff.

Resources available must provide health and safety services including, but not limited to industrial hygiene field support, employee exposure monitoring, site assessment, characterization and control measure, on-site consultation and respirator fit testing and training.

15. The Contractor must have resources available to respond to emergency situations at sites within a twenty-four

(24) hour period with one crew, consisting of a foreman, an operator, and two laborers, following CalRecycle notification. All emergency response personnel shall be currently certified for Hazardous Waste Operations and Emergency Response (HAZWOPR) in accordance with Title 29, Code of Federal Regulation (29 CFR), Section

1910.120 and Title 8, California Code of Regulations (8 CCR), Section 5192.

16. Providing debris cleanup, transport, and/or disposal in response to a state/local/federal declared disaster.

Tasks Identified

All work under this Contract will be performed through Work Orders issued to the Contractor. When Program staff determines the need for Contractor services under this Contract, a Work Order will be issued detailing specific tasks or activities to be completed, provide a schedule for completion, and give a maximum cost for accomplishing the work. Work Order costs will be determined after discussions between the Contractor and Program staff and the preparation of a cost estimate by the Contractor.

The Contractor shall not perform or undertake any work that is not indicated or addressed in the Work Order. The Contractor shall immediately notify Program staff of any condition or event that may interfere with completion of the work or which may require a modification in the Work Order. The Contract Manager will, in a reasonable time, provide written direction to the Contractor clarifying any required adjustment to the Work Order. Any unauthorized modification of the Work Order, work in excess of that provided for in the Work Order, or changes and additions not pre-authorized in writing by the Contract Manager will not be considered for compensation.

Work Plans

Work Plans will include, but are not limited to, the following elements:

1. Introduction: Identify reference documents used to prepare the Work Plan, summarize the site visit and contacts made, and discuss problems encountered. Identify landfills and recycling facilities to be used, material sources, haul routes and other relevant information.

2. Project Supervision: Identify Contractor’s key personnel and support staff assigned to the project. Include as a minimum by name the project manager, site superintendent, and subcontractor key personnel/contacts.

Describe the organizational relationship for the project and responsibilities of assigned personnel.

3. Project Work Elements: Briefly describe the remediation method for items of work identified in the Work Order or other items as identified by the Contractor that are required to complete the remediation, including mobilization/demobilization, site utilities and facilities, permits, and temporary environmental controls. Include work hours and days for these elements of the project.

4. Project Schedule: Prepare a time schedule beginning with start of mobilization through completion of demobilization. Provide a timeline for all major items of work.

5. Cost Estimate: Prepare a cost estimate that includes costs for site health and safety planning and support for each item of work, project supervision, site utilities and facilities, permits, mobilization, demobilization, and bonds. Develop costs for items of work as follows: labor/equipment hours multiplied by Contract rates including markups and surcharges; for materials, subcontractors, and special services show both actual cost and agreed markups in arriving at total cost. Provide all documentation necessary for evaluation and cost tracking for the remediation.

6. Site Specific HSP: Prepare a site specific HSP which identifies biological, physical and other hazards and provides for adequate and prescribed medical surveillance, site controls, monitoring, worker protection and training, decontamination, and emergency response procedures.

7. The following forms and information will be required as part of each Work Plan:

a. Payment Bond;

b. Performance Bond;

c. Bidder Declaration; and

d. Recycled Content Certification

Contract/Task Time Frame

The anticipated Contract termination date is December 2018, but CalRecycle may extend or terminate the Contract as deemed necessary and in accordance with the Contract provisions. Deadlines for each authorized task are to be specified in each Work Order.

Control of Work

1. CalRecycle Contract Manager has the authority to determine the quality and acceptability of the following:

• Work to be performed

• Rate and progress of the work

• Fulfillment of the services provided by the Contractor

• Compensation for services provided by the Contractor

These decisions will be deemed final and enforceable by CalRecycle Contract Manager when the Contractor fails to complete orders required by this Contract.

2. The Contractor will designate a Project Manager who holds the following authority:

• Act as the Contractor’s Representative for work to be provided under this Contract

• Act as the Contractor’s Representative regarding contractual matters relating to this Contract

If during the course of the Contract, it is deemed necessary to replace the Project Manager, CalRecycle Contract Manager approval is required.

Section VI Cost and Payment Provisions

Payment The Contractor will be reimbursed in arrears for services satisfactorily rendered and approved by CalRecycle’s Contract Manager, as promptly as fiscal procedures will permit upon receipt by CalRecycle’s Contract Manager of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Work Order.

Labor Rates During fee negotiations, labor and equipment rates will be determined for the Contractor and subcontractors as required by law. If a rate is not listed for a required service, the Contractor agrees to accept a fair and reasonable rate for that service subject to applicable legal requirements.

The Contractor will be compensated for the cost of workers used in the actual and direct performance of the work. To the total of the direct costs computed as provided in the following subsection "Actual Wages," there will be added a markup to be negotiated, but not to exceed 33 percent. No markup shall be added to costs computed as provided in the following subsections, "Labor Surcharge" and "Subsistence and Travel Allowance." Compensation for prevailing wage employees shall be made at the appropriate rate for each classification as determined by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 (rates available at http://www.dir.ca.gov). Contractor shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Contractor is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement.

A mistake, inadvertence, or neglect by the Contractor in failing to pay the legally required prevailing wage rate will be remedied solely by the Contractor and will not, under any circumstances, be considered as the basis of a claim against CalRecycle.

The cost of labor will be the sum of the following:

1. Actual Wages: The actual wages paid shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes.

2. Labor Surcharge: To the actual wages, as defined in the above subsection, "Actual Wages," a labor surcharge will be added as set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished. Said labor surcharge shall constitute full compensation for all payments imposed by State and federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined above and subsistence and travel allowance as follows.

A mistake, inadvertence, or neglect by the Contractor in failing to pay the legally required wage rates will be remedied solely by the Contractor and will not, under any circumstances, be considered as the basis of a claim against CalRecycle.

Travel and Per Diem

• Only the least costly travel method (for example, personal car, rental car, or air travel) will be reimbursed. When determining the least costly travel method, the Contractor should take into consideration not only direct expenses, but also the time billed. If the Contractor is unsure what least costly method may be, he or she shall consult with the Contract Manager. All travel will be reimbursed at the excluded employee travel rates in accordance with the California Code of Regulations Title 2, Division 1, Chapter 3, Subchapter 1, Article 2, Section 599.615.1 et seq.. At the time of the RFQ release, the rates listed below apply. However, they are subject to change and the Contractor will be held to the State per diem rates in effect at the time of travel. Per diem (lodging, meals and incidentals) will not be reimbursed for travel within 50 miles of Contractor’s headquarters. Readable receipts with sufficient detail (date, time and expense description and amount) are required for all expenses. Credit card receipts are generally not sufficient documentations for travel expenses.

• Lodging (receipts required) per day–

-All Counties/Cities located in California (except as noted below):

• Actual lodging expense, supported by a receipt, up to $90 per…