Frequency_Coordination___Training_Services_SOW_01-28-25.pdf

California Governor’s Office of Emergency Services Contractor Name - TBD

Frequency Coordination and Training Services

Agreement A241013475

EXHIBIT A

STATEMENT OF WORK (SOW)

MICROWAVE FREQUENCY COORDINATION AND TRAINING SERVICES

1. OBJECTIVE

The California Governor's Office of Emergency Services, Public Safety Communications, hereinafter referred to as “Cal OES”, requires vendor, hereinafter referred to as, “Contractor”, to provide Microwave Frequency Coordination, Frequency Protection, Path Design, and Microwave Data Base Access Services as defined below in accordance with all requirements and procedures covered under the Federal

Communications Commission (FCC) Code of Federal Regulations (CFR) 47, Part 101-

103(d), or its latest revisions, and all National Spectrum Managers Association guidelines.

2. TERM/PERIOD OF PERFORMANCE

A. The period of performance for the Agreement shall be April 1, 2025, or upon approval, whichever is later, through March 31, 2028.

B. The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until the Agreement has been fully executed. Any delivery or performance of service that is commenced prior to the execution of the

Agreement shall be considered voluntary on the part of the Contractor and non-compensable.

C. Consistent with the terms and conditions of the original solicitation, and upon mutual consent, Cal OES and the Contractor may execute written amendments to alter the method, price, or schedule of the work, subject to the limitations set forth by California

Public Contract Code, section 100 et seq, and the California State Contracting

Manual, Volume 1.

3. BUDGETED AMOUNT

The initial award of this Agreement shall not exceed $XXXXX and there is no obligation on

Cal OES’ part to utilize the entire amount. Any increases in the budgeted amount will be at the rates evaluated and considered herein.

4. PROJECT TASKS AND DELIVERABLES

The Contractor must perform project tasks and/or deliverables including, but not limited to, the following:

A. Frequency Coordination Services

The Contractor shall provide Frequency Interference Analysis services for the 900 MHz, 2GHz, 4GHz, 6GHz, 10GHz, 11GHz, 18GHz, 23GHz and 80GHz bands which, shall consist of the following:

1. Determination of Existing Frequency Plans - Contractor will identify co-located or nearby transmitters already licensed in the frequency bands above, to reduce the possibility of "bucking" a site or encountering reflective interference from a nearby system.

2. Frequency Selection - Contractor shall conduct an interface analysis to identify available frequencies considering existing and proposed systems found in the

FCC and Contractor owned databases. When applicable, Contractor shall perform analysis of systems in adjacent bands to ensure the State's system does not receive unwanted threshold degradation. In shared bands, Contractor will also perform an analysis of potential earth station interference.

3. Engineering Documentation - Upon completion of the frequency selection process, the system parameters, including the selected frequencies, shall be documented and provided to Cal OES in a report format. Any outstanding interference conflicts or points of interest shall be detailed for the Cal OES’ review, as well as any options for resolution.

Prior Coordination Notices

1. Notification - Contractor shall circulate to all existing and proposed licensees in the Cal OES’ area and frequency band of operation the technical parameters of the Cal OES’ proposed system. By FCC rule, recipients are given thirty (30) calendar days to respond.

2. Case Resolution - Often the response to a prior coordination notice that is not in full agreement is required. Contactor shall receive and respond to objections to the Cal OES’ proposed system and act as the Cal OES’ technical liaison until all cases are resolved.

3. FCC Documentation - Upon successful completion of the prior coordination process, Contractor shall prepare documentation required to satisfy FCC Rule

Part 101.103(d), which requires this documentation to be submitted with a license application.

No Response Prior Coordination/Renewal

FCC rules state that a system must be applied for or licensed within six (6) months of the issuance of the Prior Coordination Notice. If a system has not been applied for or licensed during this time frame, the "lifetime" of the coordination period can be extended an additional six (6) months via a renewal notification of the system.

The Contractor shall inform Cal OES before the six (6) month time period lapses. If

Cal OES wishes to extend the PCN, Contract Manager will inform the Contractor to issue a prior coordination notice to "renew" the path for an additional six (6) months. Cal OES will not provide any additional information if no technical changes are made.

Verbal Coordination

The same as Prior Coordination Notices except Cal OES will call, fax, or E-mail the

Contractor. Contractor shall respond within fourteen (14) calendar days instead of the standard thirty (30) days.

Change Analysis

The Contractor shall perform an interference analysis on a major change to an existing microwave path. The change analysis would also require that a prior coordination and response be sent to the existing microwave users. The contractor shall be responsible for clearing cases that would be reported. The following would be considered a change analysis:

• Coordinate change of greater than four (4) Seconds

• Ground elevation or antenna centerline - greater than eleven (11) feet

• Antenna - same antenna, different manufacturer

• EIRP including line loss, power and antenna gain – plus or minus 4dB

Minor Change Analysis

The contractor will perform an interference analysis on a minor change to an existing microwave path. The minor change will also require that a no response prior coordination be sent out to the existing microwave users. A minor change would consist of the following:

• Coordinated change of 1-3 seconds

• Ground elevation or antenna centerline - change (up or down) of less than ten (10) feet

• Antenna - change to an antenna with better angles

• EIRP including line loss, power and antenna gain - plus or minus 2dB

B. Frequency Protection - Per Path/Yr.

The Contractor shall provide a comprehensive frequency protection service for microwave and satellite systems. The Contractor shall keep the Cal OES’ system interference-free by monitoring each new application accepted by the FCC and agrees to the following:

1. Verify the operating characteristics of the Cal OES’ system

2. Notify all licensees and coordination companies located within the coordination contours of the State's communications facilities and act on behalf of Cal OES as a frequency protection agent

3. Enter all applications or coordination involving communications facilities into the contractor's database

4. Analyze each coordination or application and determine its impact on the Cal

OES’ facilities for potential interference from direct sources within thirty (30) days of receipt

5. Act as the Cal OES’ technical liaison with the applicant or the coordinating company to resolve potential interference cases

6. Respond directly to the applicant or coordinating company on behalf of Cal

OES. The Contractor will copy Cal OES on any replies sent detailing potential interference cases found

7. Monitor all Public Notices containing applications accepted by the Federal

Communication Commission (FCC) to ensure that filings containing unresolved potential interference cases with State facilities are not granted by the FCC. If an application appears on Public Notice that may cause interference, the

Contractor shall notify Cal OES and applicants in writing, of the possible interference at least three (3) working days prior to the expiration of the FCC

Public Notice.

8. If an interference case cannot be resolved and an acceptable settlement cannot be reached, the contractor will act as Cal OES’ representative and file a Petition to Deny (a formal means for objecting to a proposed system). In addition, the contractor will prepare a complete technical file in support of this

Petition to Deny, if necessary, and provide a copy of the file to Cal OES.

9. Provide Cal OES with a detailed monthly report outlining the results of the interference analysis performed on all coordination requests processed on behalf of Cal OES in the previous month

10. To facilitate the transfer of licenses, the Contractor shall provide a letter verifying that facilities have received continuous protection

C. On-Line Database Access

Contractor must provide access to on-line database and engineering tools, which will allow Cal OES to independently conduct microwave interference studies. Software must be compatible with Microsoft Windows 10 or greater operating systems. The database and associated programs shall be capable of being accessed through the

Internet by a customer provided personal computer equipped with contractor provided software. Database access must be configured to allow the following:

1. Individual Users (ID's)

2. Access Terrestrial Path of Database

3. Analyze Terrestrial Microwave Interference

4. Search for Existing Tower Information

5. Antenna Discrimination Data

6. Active PCN Project Tracker

D. Frequency Selection and Engineering Studies

The contractor shall provide a dedicated engineer with expertise in microwave frequency coordination to work collaboratively with CalOES engineers. This engineer will be responsible for coordinating and managing microwave frequency assignments, ensuring compliance with relevant regulations, and helping to resolve any interference issues during coordination and frequency selection. The engineer will work closely with CalOES engineers to assess microwave design requirements, perform frequency analysis, and provide technical support throughout the

Coordination process.

The Contractor must provide the results of the frequency selection and engineering studies, including, but not limited to:

Station Name

Path Status

Call Sign

FCC Owner Code

Latitude

Longitude

Ground Elevation

Path Azimuth

Path Distance

Antenna(s) Manufacturer

Antenna(s) Model Number

Antenna Beam width

Antenna Tilt

Antenna Structure Registration Number

Antenna(s) Gain

Antenna(s) Center Line Height

Equipment RF Manufacturer

Equipment RF Model Number

Equipment FCC Code (Radio and Antenna)

Loading

Stability

Power (DBM)

Receive Level (DBM)

EIRP (DBM)

Fixed Losses (DB)

Free Space Loss (DB)

Transmit Frequency (MHZ)

Transmit Polarization

E. Reporting

The Contractor shall provide a "soft" copy of a separate Data Sheet along with the required signed document (Supplemental Showing) identifying all of the carriers considered within the coordination contour of the proposed system. The information provided must be accurate to assist in completing the FCC Form 601.

Except for frequency coordination requests, reports shall be generated on a real time basis with output via electronic mail and/or the Internet. There shall be an option for displaying the report directly on the screen or downloading it to a disk file for later printing.

F. System Access

Access to the system is desired twenty-four (24) hours a day, seven (7) days a week

(24/7/365), with an allowance for limited periods of system downtime for maintenance. As a minimum, access shall be available between 0500 and 2100 hours inclusive Pacific Standard Time, Monday through Friday. Access to the system will not be limited to a specific number of Public Safety Communications (PSC) employees and each will be assigned a separate identification (l/D). The PSC may request employee changes/reassignment of access/identification as may be required throughout the term of the contract.

G. FCC Batch Filing

Provide access to an online service that allows for FCC batch filing. The solution should provide an electronic service or web-based product that automates the completion of microwave license applications by pulling data directly from the coordinator’s database, reducing the need for manual entry and errors. It must validate information, attach the necessary supporting documents (such as a

Supplemental Showing), and electronically submit the completed application to the

FCC. The solution should also allow for preview copies to be shared with third parties for review, and enable the fast filing of multiple paths, with dozens of filings processed quickly and efficiently.

H. API Database Access

The contractor shall provide access to an Amazon S3 account (or similar cloud service) containing network information, with data refreshed daily. The microwave path information shall be made available in three formats: a CSV file containing detailed technical data for all microwave paths, Word document path data sheets, and KML files for visualizing the entire network. The KML files shall allow for filtering by state, path, or site level, and each KML path will be linked to an embedded data sheet that displays the corresponding technical data. The indices in the CSV file will directly correspond to the path numbers in the KML file to ensure consistency across the data formats.

I. Transfer of Existing Proposed Coordinations

All existing and proposed frequency coordination data shall be accurately transferred without any loss of frequency assignments or interference protection. The new coordinator will review and validate the transferred information to confirm that no frequencies are omitted or disrupted in the process. The contractor must have the ability to transfer all existing proposed coordinations for the State of California with the previous contractor of record.

J. Cooperation with Other State Vendors

The Contractor agrees to allow vendors performing engineering services for CalOES to leverage the executed contract for the provision of necessary services. This arrangement will enable authorized vendors to utilize the established terms, conditions, and pricing outlined in the contract to facilitate their work in support of

CalOES projects. The Contractor will ensure that these vendors are provided with the appropriate access and guidance to utilize the contract efficiently and in compliance with all applicable contractual requirements. Furthermore, the

Contractor will collaborate with CalOES and the designated vendors to ensure a smooth integration of services and maintain consistency in the quality and delivery of engineering solutions.

5. ACCEPTANCE OF SERVICES

Payment for services performed under this Agreement shall be in accordance with the

Cost Sheet, Exhibit B-1. The approval process is outlined in the Performance Section of this

SOW. Acceptance criteria shall consist of the following:

A. The Contractor is responsible for obtaining approval from Cal OES Contract Manager before beginning any services.

B. The Contractor shall meet all timelines and deliverable due dates as described herein.

C. It shall be Cal OES’ sole determination as to whether services have been successfully completed and are acceptable.

D. The Contractor costs related to rework of unacceptable work products shall be costs of the Contractor and shall not be billed to Cal OES.

6. CONTRACTOR RESPONSIBILITIES

A. This serves as a notice under Executive Order N-6-22 that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in

Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the Executive Order and the sanctions identified on the U.S.

Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

B. The Contractor shall provide all equipment and/or software necessary to perform the required duties outlined herein.

C. The Contractor shall designate a primary contact person to whom all project communications may be addressed and who has the authority to act on all aspects of the services.

D. If a Contractor employee is unable to perform due to illness, resignation, or other factors beyond the Contractor’s control, the Contractor shall provide qualified and suitable substitute personnel.

7. GenAI Technology Use & Reporting

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

Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and

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

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

8. CAL OES RESPONSIBILITIES

A. Cal OES shall designate a person to whom all Contractor communication will be addressed, and who has the authority to act on all aspects of the services. This person will review the SOW and associated documents with the Contractor to ensure understanding of the responsibilities of both parties.

B. Cal OES shall provide access to department staff and management, offices, and operation areas, as required, to complete the tasks and activities defined under this

Agreement.

9. PERFORMANCE

Cal OES will be the sole judge of the acceptability of all work performed and all work products produced by the Contractor as a result of this SOW. Should the work performed, or the products produced by the Contractor fail to meet Cal OES’ conditions, requirements, specifications, guidelines, or other applicable standards, the following resolution process will be employed, except as superseded by other binding processes:

A. Cal OES will notify the Contractor of such problems in writing within five (5) business days.

B. The Contractor must respond to Cal OES within five (5) business days after initial problem notification. The response shall include a corrective action plan and detailed explanation of how the Contractor plans to mitigate the issue.

i. Failure by the Contractor to respond to Cal OES’ initial problem notification within the required time limit may result in immediate termination of the Contract. In the event of such termination, Cal OES shall pay all amounts due the Contractor for all work accepted prior to termination.

C. Cal OES will, within five (5) business days after receipt of the Contractor’s corrective action plan, notify the Contractor in writing whether it accepts or rejects the plan.

i. If Cal OES rejects the corrective action plan, the Contractor will submit a revised plan within three (3) business days. Failure by the Contractor to respond to Cal

OES’ notification may result in immediate termination of the Agreement.

D. Upon receipt of the revised corrective action plan, Cal OES will notify the Contractor in writing whether it accepts or rejects the revised plan within three (3) business days.

i. Rejection of the revised corrective action plan will result in immediate termination of the Agreement.

E. In the event of Agreement termination, Cal OES shall pay all amounts due to the

Contractor for all work accepted prior to termination.

10. PROBLEM ESCALATION

The parties acknowledge and agree that certain technical and project related problems or issues may arise, and that such matters shall be brought to Cal OES’ attention. There may be instances where the severity of the problem(s) justifies escalated reporting. To this extent, the Contractor will determine the level of severity and notify the appropriate Cal

OES personnel. Cal OES personnel notified, and the time period taken to report the problem or issue shall be at a level commensurate with the severity of the problem or issue.

The relevant Cal OES personnel include, but are not limited to, the following:

First level: Moises Lopez, Microwave Unit, Division Chief

(916) 894-5039

Moises.lopez@caloes.ca.gov

Second level: Bobby Rodriguez, Technical Services Branch, Chief

(916) 894-5003

Bobby.rodriguez@caloes.ca.gov

Third level: Lisa Mangat, Chief Deputy Director

(916) 845-8542

Lisa.Mangat@caloes.ca.gov mailto:Moises.lopez@caloes.ca.gov

11. TERMINATION OF AGREEMENT

Cal OES reserves the right to terminate this Agreement, subject to thirty (30) days written notice to the Contractor. In the event of termination, Cal OES shall pay all amounts due the Contractor for all services rendered and accepted prior to termination.

Additional conditions for termination include, but are not limited to, the following:

A. This Agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement termination shall be effective as of the date indicated on Cal OES’ notification to the Contractor.

B. This Agreement may be suspended or cancelled without notice, at the option of the

Contractor, if the Contractor or Cal OES’ premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

C. Cal OES may terminate performance of work under this Agreement for its convenience in whole or, from time to time, in part, if Cal OES determines that a termination is in the State's interest.

i. Cal OES shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof. The parties agree that, as to the terminated portion of the Agreement, the Agreement shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the Agreement shall not be void.

ii. After receipt of a Notice of Termination, and except as directed by Cal OES, the

Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall:

a) Stop work as specified in the Notice of Termination.

b) Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continued portion of the Contract.

c) Terminate all subcontracts to the extent they relate to the work terminated.

d) Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification of which will be final for purposes of this clause.

D. The Contractor may submit a written request to terminate this Agreement only if Cal

OES should substantially fail to perform its responsibilities as provided herein.

12. SUBCONTRACTING PROVISIONS

No Subcontracting is allowable under this Agreement.

13. AUTHORIZED REPRESENTATIVES

The authorized representatives during the term of this Agreement are identified in the tables below. Changes to the Authorized Representatives are allowed without contract amendment via written notice to the representatives identified below.

For service-related inquiries:

The California Governor’s Office of

Emergency Services Contractor

NAME:

Contract Manager, Matt

Hanson, Senior Telecommunications

Engineer

NAME:

This column to be populated by the assigned Contract

Analyst.

ADDRESS:

601 Sequoia Pacific Blvd.

Sacramento, CA 95811

ADDRESS:

PHONE: (916) 894-5054 PHONE:

EMAIL: Matt.Hanson@caloes.ca.gov EMAIL:

For Agreement administrative inquiries:

The California Governor’s Office of

Emergency Services Contractor

NAME: Saagar Patel, IT Supervisor NAME:

This column to be populated by the assigned Contract

Analyst.

ADDRESS:

3650 Schriever Avenue

Mather, CA 95655

ADDRESS:

PHONE: (916) 845-8180 PHONE:

EMAIL: saagar.patel@caloes.ca.gov EMAIL:

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payment for services performed under this Agreement shall be in accordance with the

Cost Sheet, Exhibit B-1. It shall be Cal OES’ sole determination as to whether a service has been successfully completed and is acceptable.

2. Invoices shall be submitted after services are rendered and shall include the following information:

A. Agreement No.

B. Contractor

C. Service

D. Itemized Cost

E. Invoice Date

Invoices shall be due and payable, and payment shall be made, only after Cal OES’

Contract Manager’s acceptance of services.

3. The Contractor’s costs related to items such as travel and per diem shall be inclusive in the

Cost Sheet, Exhibit B-1, and will not be paid separately as part of this Agreement.

4. Submit invoices to:

California Governor’s Office of Emergency Services

Accounting Unit

APInvoices@caloes.ca.gov

5. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, Cal OES shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.

6. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, Cal OES shall have the option to either cancel this Agreement with no liability occurring to Cal OES or offer an amendment to the Contractor to reflect the reduced amount.

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

mailto:APInvoices@caloes.ca.gov

EXHIBIT B-1

COST SHEET

The Contractor shall provide all labor, materials, equipment, and every other item of expense, direct or indirect, necessary to complete the services in accordance with the specifications described in the Statement of Work, Exhibit A, at the rates specified below. Cal OES makes no guarantee, expressed or implied, on the actual amount of services/hours that shall be required for this Agreement, and reserves the right to omit portions or quantities of work, as may be deemed necessary. Payment for service performed under this Agreement shall be for actual expenditures incurred. The rates referenced below shall be binding for the term of the

Agreement.

ITEM

NO.

DESCRIPTION ESTIMATED

QUANTITY

PER YEAR

UNIT PRICE EXTENDED

PRICE

FREQUENCY INTERFERENCE ANALYSIS -

Federal Communications Commission, (FCC) Code of Federal Regulations

(CFR) 47, Part 101, Section 103.

2 PRIOR COORDINATION NOTICES 100

NO RESPONSE PRIOR

COORDINATION/RENEWAL

VERBAL COORDINATION – RESPONSE

WITHIN 14 DAYS

5 CHANGE ANALYSIS 10

6 MINOR CHANGE ANALYSIS 30

FREQUENCY PROTECTION – PER

PATH/YEAR

ON-LINE DATA BASE ACCESS -

INDIVIDUAL USERS (ID’S)

ON-LINE DATA BASE ACCESS – ACCESS

TERRESTRIAL PATH OF DATABASE

ON-LINE DATA BASE ACCESS – ANALYZE

TERRESTRIAL MICROWAVE INTERFERENCE

ON-LINE DATA BASE ACCESS – SEARCH

FOR EXISTING TOWER INFORMATION

ON-LINE DATA BASE ACCESS – ANTENNA

DISCRIMINATION DATA

Microwave Path Engineering

Fundamentals Course [SP6700]

14 Microwave Path Design Course [SP6710] 20

ANNUAL TOTAL

EXHIBIT C

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (GTCs) are hereby incorporated by reference and can be accessed by visiting the following links:

General Provisions - Information Technology (Revised and Effective 06/21/2022) https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-

Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC

6BF41BE876E

https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E

EXHIBIT D

ADDITIONAL PROVISIONS

1. INSURANCE

The Contractor shall submit original Certificates of Insurance for all required Insurance and must show "occurrence" coverage when applicable. If a syndicate is used, the syndicate's name must be included.

All types of insurance must be issued by an insurer with a minimum Best Classification

Rating of B + V, or equivalent as determined and deemed acceptable by the Department of General Services, Office of Risk and Insurance Management.

A. General Provisions Applying to All Policies

i. Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least thirty (30) days prior to the expiration of this insurance. Any new insurance must still comply to the original terms of the contract and be no less than one (1) year or the remainder of the term of this

Agreement, whichever is greater. The new certificate must show the name and address of the insurance company, the policy number, and the beginning and ending dates of the policy.

ii. Policy Cancellation or Termination & Notice of Non-Renewal – Contractor is responsible to notify the State within 5 business days before the effective date of any cancellation, non-renewal or material change that affects required insurance coverage. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.

iii. Deductible – Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

iv. Primary Clause – Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the

State.

v. Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management – A or better and financial size category of VII or better to the latest edition of the A.M. Best Key

Rating Guide. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

vi. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

vii. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligations under the contract.

viii. Satisfying an SIR – All insurance policies required by this contract/permit must allow the State to pay and/or act as the contractor’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the contractor’s agent in satisfying any SIR is at the State’s discretion.

ix. Available Coverages/Limits – All coverage and limits available to the contractor shall also be available and applicable to the State.

x. Subcontractors – In the case of Contractor utilization of subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insureds under Contractor’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of

Contractor.

B. Insurance Requirements

i. Commercial General Liability – Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined, with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal

& advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must include

The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the contract.

ii. Workers Compensation and Employers Liability – Contractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. Employer’s liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract/permit with the

State. A Waiver of Subrogation or Right to Recover endorsement in favor of the

State must be attached to the certificate.

iii. Automobile Liability – By signing this Agreement, the Contractor certifies that the

Contractor and any employees, subcontractors or servants possess valid automobile coverage in accordance with California Vehicle Code Sections

16450 to 16457, inclusive. The State reserves the right to request proof at any time.

iv. Pollution Liability – Contractor shall maintain Pollution Liability covering the

Contractor's liability for bodily injury, property damage, and environmental damage resulting from pollution and related cleanup costs incurred, all arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site and during transportation as well as proper disposal of hazardous materials. Proof of Pollution during transportation shall be provided on an MCS-90 form, or its equivalent. Limits of not less than $1,000,000 per incident, and annual aggregate amount of $2,000,000 shall be provided. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract.

The Contractor shall furnish a Certificate of Insurance. The Certificate of Insurance will provide the above listed liability coverages and the Certificate Holder shall read:

California Governor's Office of Emergency Services

3650 Schriever Avenue

Mather, CA 95655-4203

C. Other Required Insurance Provisions

Certificate of Insurance must also contain all of the following provisions:

i. Statement requiring the Insurer to provide written notice to Cal OES thirty (30) calendar days prior to cancelling the Contractor's policy.

ii. Statement that Cal OES, its officers, agents, servants and employees are included as additional insured on the policy, but only insofar as the services under this

Agreement are concerned.

iii. Statement that neither Cal OES, nor any of its agents, will be responsible for any premium or assessment on said policies.

iv. In the event Contractor fails to keep the insurance coverage as herein prescribed in effect at all times during the term of this Agreement, Cal OES may, in addition to any other remedies it may have, terminate this Agreement effective the last day of insurance coverage.

v. The Contractor shall email the certificate of insurance, identifying the Agreement number, to Cal OES at the following email address:

Saagar.Patel@caloes.ca.gov

Contract Number A241013475 mailto:Saagar.Patel@caloes.ca.gov