HSR24-63_As-Needed_Trash_Abatement_IFB_Re-Bid__2.pdf

Gavin Newsom

GOVERNOR

Toks Omishakin

SECRATERY

Ian Choudri

CHIEF EXECUTIVE OFFICER

RE-BID #2 HSR24-63

INVITATION FOR BIDS

Notice to Prospective Bidders

April 25, 2025

You are invited to review and respond to this Invitation for Bids (IFB) entitled RE-BID #2 HSR24-63 – As-Needed Trash Abatement Services. This IFB is advertised in the California State Contracts Register through Cal eProcure at:

http://www.caleprocure.ca.gov

Please note that you must register with Cal eProcure in order to download IFB packages and any other provided documents from the Cal eProcure website.

Bidders are advised to check the Cal eProcure website for addendums, modifications, and updates to the bid documents. The California High-Speed Rail Authority (Authority and/or State) is not responsible for failure of the prospective bidder to check for any bid document updates, changes, or answers to questions posted on Cal eProcure. Failure to periodically check the website will be at the bidder's sole risk.

In submitting your bid, you must comply with the instructions found herein.

Note that this agreement will include the State of California General Terms and Conditions (GTCs 02/2025) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at Internet site:

http://www.dgs.ca.gov

The contact person for this IFB is:

Susie Avalos Mejia California High-Speed Rail Authority

Phone: (916) 908-0924 Email: Susie.Avalos@hsr.ca.gov

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Susie Avalos Mejia Contract Analyst http://www.caleprocure.ca.gov/ http://www.dgs.ca.gov/

TABLE OF CONTENTS

SECTION

➢ BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

2. Bidder Qualifications

3. Prevailing Wage

4. Schedule of Events

5. Written Questions

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

7. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI)

8. Submission of Bid

9. Bid Opening

10. Disposition of Bids

11. Evaluation and Selection

12. Notice of Intent to Award Contract

13. Protest

14. Notice of Contract Award

15. Standard Conditions of Service

16. Required Documents (Awarded Contractor)

17. Bid Preference(s)

18. Bid Incentive(s)

➢ STANDARD AGREEMENT FORM (SAMPLE)

➢ EXHIBIT A – Scope of Work

➢ EXHIBIT B – Budget Detail and Payment Provisions

➢ EXHIBIT C – General Terms and Conditions

➢ EXHIBIT D – Special Terms and Conditions

➢ EXHIBIT E – Additional Provisions

➢ REQUIRED BID DOCUMENTS CHECKLIST

➢ ATTACHMENT 1 – Bid/Bidder Certification Sheet

➢ ATTACHMENT 2 – Cost Sheet

➢ ATTACHMENT 3 – Payee Data Record

➢ ATTACHMENT 4 – Bidder Declaration & Subcontractor/Supplier List

➢ ATTACHMENT 5 – Darfur Contracting Act

➢ ATTACHMENT 6 – California Civil Rights Laws Certification

➢ ATTACHMENT 7 – California Disabled Veteran Business Enterprise Participation Requirement and Incentive

STD 843 – Disabled Veteran Business Enterprise Declarations (To be completed by a bidder or subcontractor that is a certified DVBE)

DVBE Subcontractor Agreement

➢ ATTACHMENT 8 – Contractor Certification Clauses

REQUIRED BID DOCUMENTS CHECKLIST (CONTINUED)

DIR Registration – Copy of Department of Industrial Relations (DIR) Registration for the Bidder and all subcontractors the Bidder intends to utilize to perform Work under the Agreement.

HAZ Certificate – Copy of Hazardous Substance Removal Certification (HAZ) issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB).

ASB Certification or C-22 License

– Copy of Asbestos Certification (ASB) or C-22 (Asbestos Abatement Contractor) License issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB).

C-61/D-63 License – Copy of C-61/D-63 (Construction Clean-Up Contractor) License issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB).

Lead Removal Certificate

– Copy of Lead Removal Certificate for all Lead Supervisor and Lead Worker, servicing the Work involved, issued by the California Department of Public Health (CDPH)

Hazardous Materials Transportation License

– Copy of Hazardous Materials Transportation License issued by the Department of California Highway Patrol (CHP).

Hazardous Waste Transporter Registration Certificate

– Copy of Hazardous Waste Transporter Registration Certificate issued by the Department of Toxic Substances Control (DTSC).

Heavy Haul Annual Transportation Permit

– Copy of Heavy Haul Annual Transportation Permit issued by the Department of Transportation (CalTrans).

Motor Carrier Permit – Copy of Motor Carrier Permit issued by the Department of Motor Vehicles (DMV).

Trauma Scene Waste Management Certificate

– Copy of Trauma Scene Waste Management Certificate issued by the Department of Public Health (CDPH).

The remainder of this page is intentionally left blank.

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

A. The prospective bidder (“Bidder”) who is awarded a contract (“Contractor”) under this Invitation for Bid (“IFB”) shall provide the California High-Speed Rail Authority (Authority) all labor (including administrative costs for all personnel), materials, tools, equipment, travel, and supervision; pay all taxes, insurance, bonds, license and permit fees, disposal fees, and other costs necessary to perform as-needed trash collection, hauling, and disposal services at Authority properties and adhere to all applicable local, state, and federal codes and regulations.

B. Term: June 1, 2025 or upon contract approval, whichever occurs later, through April 30, 2027, with an Authority option to extend for twelve (12) months additional. See Exhibit A, Scope of Work, for a complete description of services.

2. Bidder Qualifications

A. The bidder shall submit with their bid a copy of their valid (expiration date has not elapsed throughout the term of this Agreement) Hazardous Substance Removal Certification (HAZ) issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB). All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess a valid HAZ for the work they shall perform under the Agreement. The bidder’s contractor license number shall be indicated on the Bid/Bidder Certification Sheet (Attachment 1). The names of all subcontractors that the bidder intends to utilize and their contractor license number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor licenses shall be in good standing from the time of the bid opening through the term of the Agreement.

B. The bidder shall submit with their bid a copy of their valid (expiration date has not elapsed throughout the term of this Agreement) Asbestos Certification (ASB) or a C-22 (Asbestos Abatement Contractor) license issued by the CSLB. All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess a valid ASB or C-22 license for the work they shall perform under the Agreement. The bidder’s contractor license number shall be indicated on the Bid/Bidder Certification Sheet (Attachment 1). The names of all subcontractors that the bidder intends to utilize and their contractor license number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor licenses shall be in good standing from the time of the bid opening through the term of the Agreement.

C. The bidder shall submit with their bid a copy of their valid (expiration date has not elapsed throughout the term of this Agreement) C-61/D-63 (Construction Clean-Up Contractor) license issued by the CSLB. All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess a valid C-61/D-63 license for the work they shall perform under the Agreement. The bidder’s contractor license number shall be indicated on the Bid/Bidder Certification Sheet (Attachment 1). The names of all subcontractors that the bidder intends to utilize and their contractor license number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor licenses shall be in good standing from the time of the bid opening through the term of the Agreement.

D. The bidder shall submit with their bid a copy of their valid (expiration date has not elapsed throughout the term of this Agreement) Lead Removal Certificate issued by the California Department of Public Health (CDPH). All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess a valid Lead Removal Certificate for the work they shall perform under the Agreement. The names of all subcontractors that the bidder intends to utilize and their contractor license number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor licenses shall be in good standing from the time of the bid opening through the term of the Agreement.

E. The bidder shall submit with their bid a copy of their valid (expiration date has not elapsed throughout the term of this Agreement) Hazardous Materials Transportation License issued by the Department of California Highway Patrol (CHP). All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess a valid Hazardous Materials Transportation License for the work they shall perform under the Agreement. The names of all subcontractors that the bidder intends to utilize and their contractor license number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor licenses shall be in good standing from the time of the bid opening through the term of the Agreement.

F. The bidder shall submit with their bid a copy of their valid (expiration date has not elapsed throughout the term of this Agreement) Hazardous Waste Transporter Registration Certificate issued by the Department of Toxic Substances Control (DTSC).

All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess a valid Hazardous Waste Transporter Registration Certificate for the work they shall perform under the Agreement. The names of all subcontractors that the bidder intends to utilize and their contractor certificate number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor certificates shall be in good standing from the time of the bid opening through the term of the Agreement.

G. The bidder shall submit with their bid a copy of their valid (expiration date has not elapsed throughout the term of this Agreement) Heavy Haul Annual Transportation Permit issued by the Department of Transportation (CalTrans). All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess a valid Heavy Haul Annual Transportation Permit for the work they shall perform under the Agreement. The names of all subcontractors that the bidder intends to utilize and their contractor permit number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor permits shall be in good standing from the time of the bid opening through the term of the Agreement.

H. The bidder shall submit with their bid a copy of their valid (expiration date has not elapsed throughout the term of this Agreement) Motor Carrier Permit issued by the Department of Motor Vehicles (DMV). All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess a valid Motor Carrier Permit for the work they shall perform under the Agreement. The names of all subcontractors that the bidder intends to utilize and their contractor permit number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor permits shall be in good standing from the time of the bid opening through the term of the Agreement.

I. The bidder shall submit with their bid a copy of their valid (expiration date has not elapsed throughout the term of this Agreement) Trauma Scene Waste Management Certificate issued by the Department of Public Health (CDPH). All subcontractors that the bidder intends to utilize to perform work under the Agreement shall possess a valid Trauma Scene Waste Management Certificate for the work they shall perform under the Agreement. The names of all subcontractors that the bidder intends to utilize and their contractor permit number (if applicable) shall be indicated on the Bidder Declaration & Subcontractor/Supplier List (Attachment 4). All bidder and subcontractor contractor permits shall be in good standing from the time of the bid opening through the term of the Agreement.

3. Prevailing Wage

A. In accordance with the provisions of Labor Code Sections 1720, the bidder and their proposed subcontractor(s) shall adhere to the payment of prevailing wages as determined by the California Department of Industrial Relations (DIR). The prevailing wage rate determinations can be downloaded from the DIR’s internet website at:

http://www.dir.ca.gov. Copies of the DIR’s downloadable prevailing wage rate determinations are also on file at Authority Headquarters, and are available to any interested party on request. Additional questions regarding prevailing wage determinations shall be referred to the DIR’s Division of Labor Statistics and Research, Prevailing Wage Unit, at: http://www.dir.ca.gov.

B. In the event the bidder’s total bid amount exceeds $25,000.00, the bidder and all subcontractors that the bidder intends to utilize to perform work under the agreement, shall be a registered public works contractor with the DIR. The bidder shall provide proof of DIR registration for the bidder and all subcontractors that the bidder intends to utilize to perform work under the agreement with their bid. All bidder and subcontractor public works contractor registrations with the DIR shall be active from the time of the bid opening through the term of the agreement, and shall remain active following the term of the agreement until all certified payroll records in connection with the agreement have been submitted to the DIR Labor Commissioner.

http://www.dir.ca.gov/

4. Schedule of Events

Event Date Time

A. IFB available to prospective bidders: April 25, 2025 N/A

B. Written questions regarding IFB are due by:

(Note: See additional info in Section 5.)

May 2, 2025 12:00 PM

C. Written responses to questions released by: May 6, 2025 4:30 PM

D. Final date for bid submission:

(Note: See additional info in Section 8.

May 13 , 2025 2:00 PM

E. Date of bid opening:

(Note: See additional info in Section 9.)

May 13, 2025 2:00 PM

F. Proposed start date of agreement: June 1, 2025, or upon DGS approval.

N/A

5. Written Questions

A. Submit all written questions via email to the contact person indicated on the cover page of this IFB package no later than the date and time specified in Section 4, Schedule of Events. Written responses to IFB questions will be released by the date and time specified in the Schedule of Events and viewable in the online project advertisement in Cal eProcure at: https://caleprocure.ca.gov/pages/index.aspx .

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

A. 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. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. 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 rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

7. Executive Order N-12-23 – Generative Artificial Intelligence (GenAI)

A. 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.

B. Bidder/ Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

https://caleprocure.ca.gov/pages/index.aspx chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.gov.ca.gov/wp-content/uploads/2023/09/AI-EO-No.12-_-GGN-Signed.pdf

C. Failure to report GenAI to the State may result in disqualification. The State reserves the right to seek any and all relief to which it may be entitled to as a result of such non-disclosure.

D. Upon notification by a Bidder / Offeror of GenAI as required, 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.

E. Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

8. Submission of Bid

A. Bids must be submitted via mail no later than the date and time specified in Section 4, Schedule of Events.

(1). Bids submitted via mail must be enclosed in an envelope or under sealed cover.

The exterior of the envelope or sealed cover must be clearly marked with all of the following information:

a. BIDDER’S NAME

b. BIDDER’S ADDRESS

c. BID PROPOSAL # RE-BID #2 HSR24-63, DO NOT OPEN UNTIL MAY

13, 2025 AT 2:00 PM, ATTN: SUSIE AVALOS MEJIA.

(2). Bids shall be mailed to the following address:

California High-Speed Rail Authority Contracts and Procurement Branch Attn: SUSIE AVALOS MEJIA 770 L Street, Suite 620, MS 7 Sacramento, CA 95814

(3). Mailed bids not enclosed in an envelope or under sealed cover shall be rejected.

B. Bids must be received by the Authority no later than the date and time specified in Section 4, Schedule of Events. Any bid received after the specified due date and time shall remain unopened and will be returned to the bidder.

C. Bids shall include all required bid documents identified in the Required Bid Documents Checklist. Only submit the required bid documents with your bid, not the entire IFB package. In addition, do not submit bid documents within a binder or folder.

Bids not including the required bid documents shall be deemed non-responsive. A non-responsive bid is one that does not meet the bid requirements.

D. All required bid documents submitted must be printed single-sided. Bids that include required bid documents that are printed double-sided shall be deemed non-responsive.

E. All documents requiring a signature must bear an original or electronic signature of a person authorized to bind the bidding firm.

F. Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications shall not be considered and shall cause a bid to be rejected.

G. Costs for developing bids in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the Authority.

H. An individual who is authorized to bind the bidding company/firm contractually shall sign the Bid/Bidder Certification Sheet (Attachment 1). The signature must indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

I. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, shall not be considered.

J. A bidder may withdraw their bid by submitting a written withdrawal request to the Authority, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

K. The Authority may modify this IFB prior to the date fixed for submission of bids by the issuance of an addendum.

L. Bidders are cautioned to not rely on the Authority during the evaluation to discover and report to the bidder any defects and errors in the submitted documents. Bidders, before submitting their documents, should carefully proof them for errors and adherence to the IFB requirements.

M. All documents submitted in response to this solicitation will become the property of the State of California and may be subject to the California Public Records Act (Government Code section 7920 et seq.). This includes any contact information within the documents, including that of references. Additionally, to the extent that a bidder believes its bid contains trade secret or proprietary information intended to be confidential, it is the bidder’s responsibility to identify and redact such information. A separate redacted copy of the bid must be submitted along with the original unredacted bid, and it will be the bidder’s responsibility to defend any redactions should a requester dispute them under the Public Records Act. In the absence of a pre-redacted bid, the Authority will treat the entire bid as a public record, except any information the Authority is required to redact under California law.

9. Bid Opening

A. The bid opening shall be held virtually via Microsoft Teams application or Zoom application.

B. If you plan to attend the virtual bid opening, you must email the contact person indicated on the cover page of this IFB no less than twenty-four (24) hours prior to the bid opening date and time so that arrangements can be made to prepare the virtual meeting.

10. Disposition of Bids

A. All documents submitted in response to this IFB shall become the property of the State of California, and shall be regarded as public records under the California Public Records Act (Government Code Section 7920 et seq.). However, the contents of all proposals, draft bids, correspondence, agenda, memoranda, working papers, or any other medium which discloses any aspect of a bidder's bid, shall be held in the strictest confidence until notice of award is released. The content of all working papers and discussions relating to a bid shall be held in confidence indefinitely, unless the public's interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement, or evaluation of a bid.

11. Evaluation and Selection

A. Each bid shall be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

B. The Authority shall put each bid through a process of evaluation to determine its responsiveness to the Authority's needs.

C. Pursuant to Public Contract Code section 1103, a bidder may be deemed not responsible and their bid may be rejected if they have previously been terminated for cause/breach for the same or similar services at the location designated in this IFB.

D. All bids may be rejected whenever the Authority determines that the cost is not reasonable or otherwise in the best interest of the Authority. There is no requirement to award an agreement if, in the opinion of the Authority, no bids were received containing a reasonable contract price or if there is another business-based reason not to make an award.

E. Bids that contain false or misleading statements, or which provide references that do not support an attribute or condition claimed by the bidder, may be rejected. If, in the opinion of the Authority, such information was intended to mislead the Authority in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB, it shall be the basis for rejection of the bid.

F. A bid may be rejected if it is conditional or incomplete. The Authority may reject any or all bids. At the Authority’s sole discretion, it may seek clarification regarding bid documents or information and may waive any immaterial deviation in a bid. The Authority's waiver of immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

The Authority will not waive material deviations in a bid, which include but are not limited to, deviations that affect the total price of the bid, or give a bidder an advantage over other bidders.

G. A bid may be rejected if it contains any alterations of form or other irregularities of any kind. The Authority does not accept alternate contract language from prospective contractors. Bids with such language shall be considered a counter proposal and shall be rejected. The State’s General Terms and Conditions (GTC) are not negotiable. The GTC may be viewed on the internet at: 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.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

H. The final selection shall be made on the basis of the lowest responsible responsive bid.

In the event there is a tie, each of the tied bidders shall be contacted by the contact person indicated on the cover page of this IFB regarding a date and time for a flip of a coin. The bidder whose bid was received first shall make the call. Bidders or their authorized representative(s) are allowed to be present for the flip of the coin.

12. Notice of Intent to Award Contract

A. Upon written request by any bidder via email, regular mail, or personal delivery prior to award of the agreement, the Authority shall email bidders and post in a public accessible place, a written notice of intent to award agreement no less than five (5) business days prior to awarding the agreement. All written requests must be submitted to and received by the contact person indicated on the cover page of this IFB prior to award of the agreement.

B. Whenever an agreement is awarded under a procedure which provides for competitive bidding, but the agreement is not to be awarded to the lowest bidder, the Authority shall:

(1). Notify the lowest bidder in writing by email, overnight courier, or personal delivery no less than five (5) business days prior to the award of the agreement.

13. Protest

A. If any bidder, prior to the award of the agreement, files an initial protest with the Authority and the Department of General Services (DGS) on the grounds that the protesting bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or DGS has decided the matter.

B. Within five (5) calendar days after filing an initial protest with the Authority and DGS, the protesting bidder shall file a full and complete written statement with the Authority and DGS specifying the grounds for the protest, including: the IFB number, the name of the State agency involved, and the agency contract person.

C. A written protest must be sent by email to DGS, Office of Legal Services (OLS) at OLSProtests@dgs.ca.gov, as well as the Contract Analyst listed on the cover letter of this IFB.

14. Notice of Contract Award

A. The Authority shall email, or mail bidding contractors a written notice of contract award.

15. Standard Conditions of Service

A. Following the release of the written notice of contract award, the Authority shall email, or mail the awarded contractor a prepared contract for signature that includes a cover letter instructing the awarded contractor on how to proceed. The cover letter may request that additional information and/or required documents be provided by the awarded contractor before the agreement can be fully executed.

B. Services shall be available on the expressed date set by the Authority after all approvals have been obtained and the agreement is fully executed.

mailto:OLSProtests@dgs.ca.gov

C. All performance under the agreement shall be completed on or before the termination date of the contract.

D. No oral understanding or agreement shall be binding on either party.

16. Required Documents (Awarded Contractor)

A. Prior to approval of the agreement, the awarded contractor shall provide the Authority with all of the following required documents within ten (10) calendar days after the contract has been forwarded to the awarded contractor for signature. If the awarded contractor fails to provide the Authority with all of the following required documents within the above specified number of calendar days after the contract has been forwarded to the awarded contractor for signature, the Authority at its sole discretion may deem the awarded contractor as non-responsive and may rescind the contract award:

(1). Contractor Certification Clauses

a. The awarded contractor shall sign and submit to the Authority, page one

(1) of the Contractor Certification Clauses (CCC 04/2017) which can be found on the Internet at: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language.

(2). Insurance Requirements

a. The awarded contractor shall provide the Authority with all of the following certificate(s) of insurance (Note: The Authority shall not be responsible for any premiums or assessments on insurance policies):

1. Commercial General Liability

A. Coverage shall provide limits of not less than $1 million per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises operations, independent contractors, products/completed operations, personal and advertising injury and liability assumed under an insured 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.

B. The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to DGS, Office of Risk and Insurance Management (ORIM):

(1). The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

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.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

2. Automobile Liability

A. Coverage shall provide limits of not less than $1 million combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles.

(1). The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to DGS, ORIM:

a. The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

3. Environmental Professional Liability Insurance

A. Environmental Professional Liability Insurance shall be written on a form acceptable to Authority providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. This coverage may be arranged in combination with Professional Liability insurance or as a stand-alone policy. The policy limit shall be no less than $1 million per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” If the insured is using subcontractors, the Policy must include Work performed “by or on behalf” of the insured. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. The cost of such insurance shall be included in Contractor’s bid. Insurance as required in this paragraph above may not exclude:

(1). Bodily injury;

(2). Property damage;

(3). Pollution conditions arising out of environmental work;

(4). Asbestos-related claims; and

(5). Testing, monitoring, measuring operations, or laboratory analyses.

4. Pollution Liability

A. Throughout the term of this Agreement, the Contractor shall provide the Authority with a valid certificate of insurance stating that there is pollution liability insurance presently in effect for the Contractor and any subcontractors with limits of not less than $1 million per claim covering the Contractor’s liability for bodily injury, property damage, and environmental damage resulting from pollution and related cleanup costs incurred arising out of work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site as well as proper disposal of hazardous materials.

B. In addition, the Contractor shall provide the Authority with a valid DTSC 8038 certificate of insurance or MCS-90 endorsement with a minimum of $1 million coverage per occurrence for the Contractor or their authorized subcontractor during the transportation of hazardous materials and substances.

(1). The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to DGS, ORIM:

a. The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

5. Worker’s Compensation

A. Employer liability limits of not less than $1 million are required if the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California. The awarded contractor shall maintain statutory workers compensation and employer’s liability coverage for all of its employees who will be engaged in the performance of the agreement. If the awarded contractor does not employ any person, in any manner, so as to not become subject to the Workers’ Compensation laws of California, the awarded contractor shall contact the Authority Contract Analyst to request a Workers’ Compensation Exemption Certification form. This form shall be completed by the awarded contractor and submitted to the Authority prior to approval of the agreement.

B. The awarded contractor’s workers compensation insurance policy shall be endorsed with a waiver of subrogation in favor of the State of California in the event the awarded contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California.

17. Bid Preference(s)

A. The following preferences are applicable to this IFB:

(1). Small Business (SB) or Microbusiness (MB) Preference

a. Government Code section 14835 et seq. requires that a five percent (5%) preference be given to contractors who qualify as a certified SB or MB.

b. To claim the SB preference, your company/firm must have its principal place of business located in California and be certified by the California Department of General Services (DGS). If prospective Contractor is claiming the five percent (5%) SB preference, complete section 14 of Attachment 1 – Bid/Bidder Certification Sheet.

c. This preference shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

d. A certified SB bidder(s) shall have precedence over non-SB bidder(s) in the application of the SB preference.

e. SB Preference information can be found at the following internet web site:

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro- Accordion-List/OSDS/OSDS?search=OSDS.

(2). Non-Small Business (Non-SB) Preference

a. Non-SB preference information can be found at the following internet web site: http://www.dgs.ca.gov (Note: Non-SB Preference cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

(3). Target Area Contract Preference Act (TACPA) (Only applicable if the lowest bid received exceeds $100,000.00.)

a. TACPA preference information can be found at the following internet web site: http://www.dgs.ca.gov (Note: Only California certified Small Business bidders and California certified Micro Business bidders can use a TACPA preference to displace another California certified Small Business bidder or California certified Micro Business bidder).

https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=OSDS https://www.dgs.ca.gov/PD/About/Page-Content/PD-Branch-Intro-Accordion-List/OSDS/OSDS?search=OSDS

18. Bid Incentive(s)

A. The following incentive is applicable to this IFB:

(1). Disabled Veteran Business Enterprise (DVBE) Participation Incentive

a. Per Military and Veterans Code section 999.5 and Title 2 CCR 1896.98 and incentive between one percent (1%) and three percent (3%) is included in this solicitation. The DVBE incentive will be applied during the evaluation process for responsive bids offering DVBE participation.

b. If prospective Contractor is claiming the three percent (3%) preference, complete section 14 Attachment 1 – Bid/Bidder Certification Sheet.

c. See Attachment 7 for DVBE Participation Incentive information (Note:

DVBE Participation Incentive cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

DO NOT COMPLETE OR SUBMIT WITH YOUR BID!

SAMPLE

EXHIBIT A

BACKGROUND AND PURPOSE

1. The California High-Speed Rail Authority is responsible for planning, designing, building, and operating the first high-speed rail system in the nation. California high-speed rail will connect the mega-regions of the state, contribute to economic development and a cleaner environment, create jobs, and preserve agricultural and protected lands. When it is completed, trains will run from San Francisco to the Los Angeles basin in under three hours at speeds capable of over 200 miles per hour. The high-speed rail system will eventually extend to Sacramento and San Diego, totaling 800 miles with up to 24 stations. In addition, the Authority is working with regional partners to implement a statewide rail modernization plan that will invest billions of dollars in local and regional rail lines to meet the State’s 21st century transportation needs.

2. The California High-Speed Rail Authority may enter into agreements with private and public entities for design, construction, and operation of high-speed rail trains, including all tasks and segments thereof pursuant to California Public Utilities Code section 185036. Additional authority for a State agency to enter into this Agreement (Agreement) includes Public Contract Code section 10335, et seq.

3. This Agreement is between the California High-Speed Rail Authority (Authority and/or State), an agency of the State of California, and [Contractor Name] a [form of entity] (Contractor). The Authority and Contractor are collectively referred to herein as the “Parties,” or individually as “Party.” The purpose of this Agreement is for the Contractor to provide services, as described in the Scope of Work of this Exhibit A, to the Authority.

4. All inquiries during the term of this Agreement will be directed to the Contract Managers identified below:

AUTHORITY CONTRACTOR

Contract Manager: TBD Contract Manager: TBD

Address: TBD

Address: TBD

Phone: TBD Phone: TBD

Email: TBD Email: TBD

5. The Contract Managers may be changed without amendment as specified in Exhibit D, Section 2 of this Agreement.

SCOPE OF WORK

1. Contractor’s Full Business Name, hereinafter referred to as the Contractor, agrees to provide the California High-Speed Rail Authority (Authority) all labor (including administrative costs for all personnel), materials, tools, equipment, travel, and supervision; pay all taxes, insurance, bonds, license and permit fees, disposal fees, and other costs necessary to perform as-needed trash collection, hauling, and disposal services necessary to ensure safety and to adhere to all applicable local, state, and federal codes and regulations on Authority’s non-operational property located in the Central Valley for the term of this Agreement.

2. The services shall be performed within the counties of: Fresno, Tulare, Merced, Madera, Kern, and Kings (Central Valley).

3. Commencement of Work

A. The Contractor shall commence work under this Agreement on the specified start date provided by the Authority Contract Manager (ACM) following the execution of this Agreement by the State. The ACM shall provide the Contractor with written notification of the start date prior to the Contractor commencing work under this Agreement.

4. The services shall be performed by a minimum of two (2) employees during the Authority’s regular business hours, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m., except in cases of emergencies or in special circumstances, Monday through Friday, between the hours of 5:00 p.m. and 7:00 a.m. and Saturday through Sunday, between the hours of 7:00 a.m. and 5:00 p.m., where prior approval has been obtained by the ACM. All work dates and times outside of the regular business hours must be approved by the ACM at least forty-eight

(48) hours before work is performed unless otherwise specified herein.

5. Services shall not be performed on State holidays as indicated in the following California Department of Human Resources (CalHR) website:

https://www.calhr.ca.gov/employees/pages/state-holidays.aspx.

6. The as-needed trash collection, hauling, and disposal services shall include, but are not limited, to clearing trash which has been illegally dumped; left on property by previous owner;

brought onto the property by high winds; discarded by passing motorist; and discarded by squatters.

7. Detailed description of work to be performed and duties of all parties:

A. General Responsibilities

(1). Responsibilities of Contractor

a. The Contractor will provide a minimum of two (2) employees to perform as needed and/or emergency trash collection, hauling, and disposal services necessary to ensure safety and to comply with legal requirements on Authority owned property located in the Central Valley as more specifically described below as requested by the ACM through Task Orders (TO) for single family residential homes, vacant buildings, vacant property, commercial buildings, and industrial buildings (Work).

b. The Contractor is expected to work in a professional, competent manner without direct supervision by the ACM. The Contractor will avoid damage to Authority property or to adjacent property. If any such property is damaged by reason of the Contractor’s operation, it shall be replaced or restored at the Contractor’s expense and to the satisfaction of the ACM.

https://www.calhr.ca.gov/employees/pages/state-holidays.aspx.

c. Personal property and items that have an apparent value and are not fouled with human waste and/or other hazardous materials, encountered by Contractor on Authority property shall be collected by Contractor and turned over to the ACM.

d. The Contractor shall not spray any chemicals or other hazardous materials in connection with the Work.

e. Hazardous Materials or Waste: Per State Contracting Manual Volume 1, Section 3.12, Subsection A.7., hazardous substances are including but not limited to toxic waste petroleum waste, asbestos, and like substances.

f. Lower levels of oil or paint [equal to or less than five (5) gallons], tires, computers, computer screens and related equipment, televisions, VCR/VHS players, radios, couches, and like debris shall be properly disposed of by the Contractor. Any fees associated with the disposal of said debris are the responsibility of the Contractor and are to be included in the rates on Attachment 1 – Cost Sheet.

1. The Contractor shall immediately notify the ACM of any hazardous materials, other than those listed above, immediately upon discovery.

g. The trash is not expected to, but may unintentionally, include hazardous waste. If hazardous waste is encountered, the Contractor shall notify the ACM regarding type of hazardous material found and remove the hazardous waste.

h. Tires, carcasses, metal, mattresses, plastic, fiberglass, glass, asphalt, dirt, concrete, and other trash may be cause for concern. These materials are not pre-determined to be hazardous waste. The Contractor shall inspect the materials before taking possession of the materials. In the event the materials are determined to be hazardous, the Contractor shall notify the ACM by phone or email communication before removal of the hazardous waste.

i. Once the Contractor takes possession of the materials, the Contractor shall take ownership of the materials and shall dispose of or recycle the materials in a lawful manner that adheres to State and local codes and regulations.

j. The Contractor shall document the project site by electronic date stamped photographs before any labor has taken place on-site. After the site clean-up has been deemed complete, the Contractor shall document the project site by electronic photographs. Before and after photographs are to be taken from the same perspective(s) before and after the work.

k. Dirt berms have been constructed around some parcels to prevent dumping. The Contractor may need to remove a small portion of the dirt berm for ingress and egress. Upon completion, the Contractor will be required to reconstruct the dirt berm to its original configuration.

(2). Compliance

a. The Contractor shall legally dispose of trash and/or debris in compliance with all applicable State and local codes and regulations.

b. The Contractor shall abide by all applicable laws regarding waste/trash and recycling pick-up, hauling, and disposal services.

c. The Contractor shall utilize disposal sites that are licensed and legally authorized to accept the waste that is the subject matter of this Agreement.

d. The Contractor must keep fully informed of all existing State Laws, and future State Laws, and County and Municipal ordinances and regulations, which in any manner affect work, those engaged or employed in the work, or the materials used in the work to be performed.

e. The Contractor shall provide written receipts from the disposal site to ensure the Contractor followed the proper disposal process and legally disposed of the contents. Disposal receipts shall be provided with invoice submittal and shall include the following:

1. Agreement number

2. Date(s) of service

3. Weight of trash (tonnage)

4. Name of disposal site

5. Signature of disposal site employee

f. If deemed necessary, the Contractor shall secure all permits from applicable cities, counties and/or applicable local jurisdiction for work performed under this Agreement. The Contractor’s bid rates shall be inclusive of all permit costs.

g. While it is not necessary to obtain building permits to perform the work on Authority-owned properties, the work may be subject to inspection by local agency code enforcement. The ACM and/or designee will also inspect the work.

h. The Contractor must also have any licenses/certifications required by the local jurisdiction in which the work is to be performed.

i. The Contractor and/or its subcontractors must perform the work with the resources available within its own organization. The Contractor and/or subcontractor’s employees must be bona fide employees of the Contractor and/or subcontractor to perform the work in this Agreement.

(3). Waste/Trash Transportation and Disposal

a. The Contractor shall be solely responsible for adhering to any and all local, city, county, state, and federal laws and regulations pertaining to the proper transportation and/or disposal of all waste products while performing services under this Agreement. The Contractor shall indemnify, defend, and hold harmless the state, its officers, agents, and employees from any and all claims, injuries, suits, damages, and losses arising out of or in connection with the improper transportation and/or disposal of all waste products.

b. The Contractor’s vehicles shall be in good operating condition and free of leaking fluids. Vehicles not meeting the requirements will not be allowed to haul away waste/trash until the requirements are met. Any spills or leaks shall be cleaned up by the Contractor at no additional charge to the Authority.

(4). Securing Sites

a. The Contractor shall not confront any person that is on the site while services are being conducted. The Contractor shall immediately notify the ACM and/or designee of the existence on any unauthorized personnel on Authority work sites. The ACM and/or designee shall direct the Contractor to leave the service location so that the ACM can contact the proper “Law Enforcement” authority to resolve the situation.

(5). Work Performance and Inspections

a. Upon the completion of each job, the Contractor shall notify the ACM within twenty-four (24) hours to have the Work inspected.