IFB___A241013544.pdf

California Governor’s Office of Emergency Services Contractor TBD Waste Collection and Disposal Services

Agreement No. A241013544

EXHIBIT A

STATEMENT OF WORK (SOW)

WASTE COLLECTION AND DISPOSAL SERVICES

1. OBJECTIVE

The California Governor’s Office of Emergency Services, hereinafter referred to as “Cal OES” requires TBD, hereinafter referred to as “Contractor”, to provide waste collection and disposal services at Cal OES Fire & Rescue Fleet Shop located at:

3791 Bradview Drive Sacramento, CA 95827

The Contractor shall furnish all labor, equipment, permits, fees, licenses, and transportation necessary to remove normal waste products.

2. TERM/PERIOD OF PERFORMANCE

A. The period of performance for the Agreement shall be 01/01/2025, or upon approval, whichever is later, through 12/31/2028.

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 $TBD 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. QUALIFICATIONS

A. Minimum Qualifications

Agreement No. A241013544

i. The Contractor must have a minimum of five (5) years of experience performing waste collection and disposal services.

5. PROJECT TASKS AND DELIVERABLES

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

A. The Contractor shall furnish all labor, equipment, permits, fees, licenses, and transportation necessary to remove all waste and recyclable products.

B. The Contractor shall provide one (1) six-yard bin that operates smoothly and is in good condition without any holes, for waste collection and disposal. The Contractor shall provide collection and disposal services every Tuesday of each week between 7:00 AM to 4:00 PM.

C. The Contractor shall provide one (1) thirty-five (35) gallon cart for organics recycling in accordance with state law AB1826. The Contractor shall provide collection and recycling services one (1) day a week between 7:00 AM to 4:00 PM.

D. The Contractor shall provide one (1) thirty-five (35) gallon cart for recycling in accordance with state law AB341. The Contractor shall provide collection and recycling services one (1) day a week between 7:00 AM to 4:00 PM.

E. No trash shall be removed on designated State holidays. If a state holiday falls on a scheduled pick-up date, the Contractor shall remove the trash on the following business day. Please refer to the following website for designated State holidays:

http://www.calhr.ca.gov/employees/Pages/state-holidays.aspx

F. Additional pick-ups may be needed beyond the normal service days, as requested by the Cal OES Contract Manager. The Contractor shall make additional pick-ups within three (3) business days of notification by the Cal OES Contract Manager. If Contractor does not pick up the bin within three (3) business days, the Contractor shall be responsible for cleaning up all trash overflow placed on or adjacent to the bin(s) at no additional cost to Cal OES.

6. 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.

Agreement No. A241013544

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.

7. 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.

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, Agreement No. A241013544 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: Matthew Willis, Facilities Manager I

(916) 845-8187 Matthew.Willis@caloes.ca.gov

Agreement No. A241013544

Second level: Beth Muszynski, Assistant Director

(916) 364-4658 Beth.Muszynski@caloes.ca.gov

Third level: Christina Curry, Chief Deputy Director

(916) 845-8533 Christina.Curry@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.

Agreement No. A241013544

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.

E. This Agreement may be terminated at any time upon mutual written agreement between Cal OES and the Contractor.

12. 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 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.

13. SUBCONTRACTING PROVISIONS

No Subcontracting is allowable under this Agreement.

Agreement No. A241013544

14. 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 TBD

NAME:

Contract Manager, Adrian M. Galvez, Facilities Analyst

NAME:

ADDRESS:

3791 Bradview Drive, Sacramento, CA 95827

ADDRESS:

PHONE: (916) 201-4793 PHONE:

EMAIL: Adrian.Galvez@caloes.ca.gov EMAIL:

For Agreement administrative inquiries:

The California Governor’s Office of Emergency Services

Contractor TBD

NAME: Jairo Turnil, Contract Analyst NAME:

ADDRESS:

10391 Peter A McCuen Blvd Mather, CA 95655

ADDRESS:

PHONE: (916)845-8932 PHONE:

EMAIL: Jairo.Turnil@caloes.ca.gov EMAIL:

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Agreement No. A241013544

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.

Agreement No. A241013544

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 OF

SERVICES

QUANTITY UNIT PRICE

UNIT OF

MEASURE

EXTENDED

PRICE

Waste Collection & Disposal Services of (1) one (6) six-yard bin, 1 time per week

156 $ EACH

AB1826 Organic Materials Waste

Collection services of

(1) one (35) thirty-five-gallon cart, 1 time per week

156 $ EACH $

AB341 Recycling Materials Collection services of (1) one (35) thirty-five-gallon cart, 1 time per week

156 $ EACH $

Additional trash pickup, hauling and disposal services for Waste Collection & Disposal Services of (1) one (6) six-yard bin

5 $ EACH $

Agreement No. A241013544

Additional trash pickup, hauling and disposal services for AB1826 Organic Materials Waste Collection services of (1) one (35) thirty-five-gallon cart

5 $ EACH $

Additional trash pickup, hauling and disposal services for AB341 Recycling Materials

Collection services of

(1) one (35) thirty-five gallon cart

5 $ EACH $

GRAND TOTAL $

Agreement No. A241013544

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:

Non-IT Services General Terms and Conditions (Rev. 04/2017):

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.ashx?la=en&hash=04E212331938533CCF1EC73EB0BC1FDCBADAC601

Agreement No. A241013544

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.

Agreement No. A241013544

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 – Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-

Agreement No. A241013544 owned motor vehicles. 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.

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:

Agreement No. A241013544

ContractsUnit@caloes.ca.gov Contract Number A241013544