(IFB)_HSR23-69_As-Needed_Weed_Abatement_Services.pdf

HSR23-69

Gavin Newsom

GOVERNOR

Brian P. Kelly

CHIEF EXECUTIVE OFFICER

INVITATION FOR BIDS

Notice to Prospective Bidders

April 15, 2024

You are invited to review and respond to this Invitation for Bids (IFB) entitled HSR23-69 –As-Needed Weed Abatement Services – Counties of Madera, Fresno, Tulare, Kern, and Kings (Central Valley).

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 04/2017) and Contractor Certification Clauses (CCC 04/2017) that may be viewed and downloaded at Internet site:

The contact person for this IFB is:

http://www.dgs.ca.gov

Kayla Enuka California High-Speed Rail Authority

Phone: (916) 330-5661 Email: Solicitations@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.

Kayla Enuka Contract Analyst http://www.caleprocure.ca.gov/ http://www.dgs.ca.gov/ mailto:Solicitations@hsr.ca.gov

IFB/HSR23-69

TABLE OF CONTENTS

SECTION

BIDDER REQUIREMENTS AND INFORMATION

1. Purpose and Description of Services

2. Bidder Qualifications

3. Schedule of Events

4. Optional Virtual Pre-Bid Conference

5. Written Questions

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

7. Submission of Bid

8. Bid Opening

9. Disposition of Bids

10. Evaluation and Selection

11. Notice of Intent to Award Contract

12. Protest

13. Notice of Contract Award

14. Standard Conditions of Service

15. Required Documents (Awarded Contractor)

16. Bid Preference(s)

17. 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

ATTACHMENT 8 – Contractor Certification Clauses

Copy of License – Copy of Contractor’s C27 contractor license issued by the California Department of Consumer Affairs, Contractors State License Board (CSLB)

1. Purpose and Description of Services

A. The prospective bidder (Bidder) awarded an Agreement under this IFB shall provide as-needed weed abatement services for Authority owned properties in the counties of Madera, Fresno, Tulare, Kern, and Kings (Central Valley). See Exhibit A, Scope of Work, for a complete description of services.

B. Term: May 1, 2024, or upon contract approval, whichever occurs later, through April 30, 2026, with an Authority option to extend for twelve (12) additional months. See Sample Agreement Exhibit A, Scope of Work, for a complete description of services and specifications.

C. Executing an Agreement is not a guarantee of Work. The actual amount of Work requested by the Authority under the Agreement may be less than the total dollar value of the Agreement.

D. Note: Please be aware, due to the possibility of severe drought conditions, the Governor of California may issue an Executive Order to restrict water usage during the term of this Agreement. If an Executive Order to restrict water usage is issued during the term of this Agreement, the Authority may choose to not enforce certain provisions of Exhibit A. The Authority shall notify the contractor if any Executive Order is issued that could affect the provisions of this Agreement.

2. Bidder Qualifications

A. The bidder shall possess a valid C-27 (Landscaping) contractor license 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 all applicable contractor licenses for the work they shall perform under the contract. 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 current and active from the time of the bid opening.

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3. Schedule of Events Event Date Time

(1). IFB available to prospective bidders: April 15, 2024 N/A

(2). Written questions regarding IFB are due by:

(Note: See additional info in Section 4.)

April 18, 2024 1:00 P.M.

(3). Written responses to questions released by: April 23, 2024 5:00 P.M.

(4). Final date for bid submission:

(Note: See additional info in Section 6.)

April 26, 2024 11:00 A.M.

(5). Date of bid opening:

(Note: See additional info in Section 7.)

April 26, 2024 11:00 A.M.

(6). Proposed start date of agreement: May 1, 2024 or upon approval

N/A

4. 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 3, 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 .

5. 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.

6. Submission of Bid

A. Bids must be submitted via mail no later than the date and time specified in Section 3, 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 https://caleprocure.ca.gov/pages/index.aspx https://www.bing.com/ck/a?!&&p=a8c654d458f64172434e1459118a607616d5f98a0656a1f8d60b14a0af6c7b29JmltdHM9MTY1NjAxODM0NSZpZ3VpZD1mZmQwMTExYy00NWIyLTQ3MDMtODg5Mi0yMzk5MjIxMDVjNTEmaW5zaWQ9NTE2NQ&ptn=3&fclid=3fb5cd13-f338-11ec-9401-126f8b8caa1c&u=a1aHR0cHM6Ly93d3cuZ292LmNhLmdvdi93cC1jb250ZW50L3VwbG9hZHMvMjAyMi8wMy8zLjQuMjItUnVzc2lhLVVrcmFpbmUtRXhlY3V0aXZlLU9yZGVyLnBkZg&ntb=1

c. BID PROPOSAL # HSR23-69, DO NOT OPEN UNTIL APRIL 26, 2024, AT 11:00 A.M., ATTN: Kayla Enuka.

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

California High-Speed Rail Authority Contracts and Procurement Branch Attn: Kayla Enuka 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 3, 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 6250 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.

7. Bid Opening

A. For security reasons, if you plan to attend the public bid opening, you must call 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 for entrance into the Authority building.

B. The bid opening shall be held at: Authority Headquarters 770 L Street, Suite 620, Sacramento, CA 95814. At the sole discretion of the Authority this bid opening may be held virtually.

8. 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 6250 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.

9. 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

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.

10. Notice of Intent to Award

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.

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

11. 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.

12. Notice of Contract Award

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

13. 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.

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.

14. 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.

mailto:OLSProtests@dgs.ca.gov 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). 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.

2. Automobile Liability

A. By signing this Agreement, the Contractor certifies that the Contractor and any of their employees or subcontractors using a vehicle in the performance of work under this Agreement possesses valid automobile liability coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The Authority reserves the right to request proof at any time.

3. 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.

15. 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.

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

(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).

16. 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).

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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. The California high-speed rail system 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 Exhibit A, Scope of Work, Subsection, Scope of Work, to the Authority.

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

AUTHORITY AUTHORITY CONTRACTOR

Contract Manager (ACM): TBD Task Manager (ATM): TBD Contract Manager: TBD Address: TBD Address: TBD Address: TBD

Phone: TBD Phone: TBD Phone: TBD

Email: TBD Email: TBD Email: TBD

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 (to be completed by the Authority), hereinafter referred to as the Contractor, agrees to provide the Authority all labor, tools, materials, equipment, supervision, and travel necessary to perform as-needed weed abatement services in the following counties: Madera, Fresno, Tulare, Kern, and Kings (Central Valley).

2. Commencement of Work

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

3. The services shall be performed during the Authority’s’ regular business hours, Monday through Friday, excluding state holidays as indicated on the following website:

https://www.calhr.ca.gov/employees/pages/state-holidays.aspx, between the hours of 8:00 a.m. and 5:00 p.m., except in cases of emergencies or in special circumstances where pre-approval has been obtained by the Authority Contract Manager (ACM) or Authority Task Manager (ATM). All work dates and times outside of the regular schedule must be pre-approved by the ACM at least forty-eight (48) hours before work is performed unless otherwise specified herein.

4. The as-needed weed abatement services shall be performed within the following counties:

• Madera, Fresno, Tulare, Kern, and Kings (Central Valley)

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

A. General As-needed Weed Abatement Services

(1). The weed abatement services shall include as applicable, but may not be limited to, tractor disking, tractor mowing, hand mowing and weed eating.

(2). Parcel sizes vary by location and may include up to, but not limited to, one hundred (100) acres.

(3). The Contractor shall remove and legally dispose of all trash, leaves, clippings, and all debris (i.e., weed clippings) created from their work from the work site.

All debris must be removed and legally and properly disposed of daily.

(4). If hand mowing is employed, the Contractor shall cut weeds to within two (2) inches of the soil surface with a hand mower. All clippings, trimmings, cuttings, trash, and debris resulting from work of this Agreement shall be promptly removed from the site within the same day of service. All weeds must be removed, including but not limited to, weeds along fences, walls, roadsides, and pavements.

(5). When a structure prohibits the use of a tractor or hand mower, the Contractor shall remove weeds by hoe, rake, weed eater, or by hand. All material accumulated must be legally and properly disposed of daily.

(6). When power mowing and/or gas mowing devices are prohibited, the Contractor shall remove weeds by hoe, rake, weed eater, or by hand. All material accumulated must be legally and properly disposed of daily.

(7). The technique that is most effective to control and inhibit further growth shall be used.

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

(8). The Contractor shall provide dust control using water (supplied by the Contractor) for agricultural and vacant properties only, as required by applicable Fire District regulations, ordinances, or any ordinances and regulations set by local agencies.

(9). Dirt berms have been constructed around some parcels to prevent dumping.

The Contractor shall remove a small portion of the berm for ingress and egress if applicable. Upon completion, the Contractor is required to reconstruct the berm to its original configuration where applicable.

(10). The properties shall be maintained as needed, unless otherwise stated by the ACM or ATM, however; the Contractor may be called out more/less frequently at the discretion of the ACM or ATM.

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

(12). The Contractor shall not spray any chemicals or other hazardous materials in connection with weed abatement services.

(13). The Contractor shall not use or store on Authority property, any materials for which the federal label uses the signal word “caution”, “danger”, or “warning”.

B. Work Performance and Inspection for All Services

(1). The Contractor is expected to work in a professional and competent manner without direct supervision by the ACM.

(2). Upon the completion of each job, the Contractor shall notify ACM within twenty-four (24) hours to have the work inspected. The assigned work is not complete until it is inspected and approved by ACM.

(3). The Contractor shall document each property site by electronic photos before any labor has taken place on-site. After Work has been deemed completed, the Contractor shall document each property site by electronic photo. Before and after photos shall be taken from the same perspective to document the work. All photos taken must be date stamped.

(4). If the Contractor must go back to the work site to complete the work, the

Contractor shall take before and after date stamped electronic photos. The “before” date stamped electronic photos and the “after” date stamped electronic photos will be taken from the same perspective to ascertain what was done to complete the work.

(5). As determined by the ACM, any work or material that may be found to be substandard or not in compliance with city or local ordinances will subject the Contractor to a call back to correct all issues and ensure the services are in compliance with city or local ordinances. Any work done on a call back, including any materials required, will be at the Contractor’s expense, including but not limited to, trucks used to pick-up trash and debris.

(6). If work by the Contractor necessitates a third call back to complete and/or correct jobs, the Contractor may be advised that this is considered a poor work record and may constitute grounds for Contract Termination.

(7). 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. When applicable, the ACM or ATM, will also inspect the property.

(8). The Contractor must keep fully informed of all existing State Laws, 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.

C. Noise Abatement

(1). The Contractor shall ensure that all services are performed in compliance with all city and county noise abatement laws, ordinances, and regulations.

(2). Noisy motors or equipment utilized by the Contractor shall be operated with minimum disturbance to the occupants of the building or adjacent buildings, if applicable.

D. Final Cleanup

(1). The Contractor shall leave each work site in a neat and clean condition. The fine weeds can be mulched into the dirt. There shall be no debris left on the side of the road, including but not limited to, weed remnants. The Contractor shall haul away and legally discard any materials or trash caused by work actions from the job sites.

E. Waste Transportation and Disposal

(1). 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.

F. Administration and Contract Management

(1). Types of Properties

a. The inventory of properties includes, but is not limited to, vacant, improved, and agricultural parcels; occupied and vacant buildings and other structures; single-family and multifamily residential properties;

commercial and industrial structures, buildings and uses (in rural, agricultural, and urban settings); and other types of properties. Some properties are wholly or partially located within environmentally impaired, permitted, or sensitive areas. (See Exhibit F for exemplar photographs of types of Authority properties.)

(2). Numbering of Properties

a. The Authority uses a tracking and monitoring system that applies a unique high-speed train number to each parcel of land (referred to as the “HST number”). Assignments to the Contractor will be made by HST number (including sub-parcels) and the Contractor will be required to keep records, prepare invoices, and label all communication by HST number, including sub-parcels.

b. The Contractor’s assignment and workload will be based on existing

Authority inventory, timing of acquisitions, timing of Authority possession, disposals (excess land sales), exchanges, and tenant relocation(s). The number of HSTs will change during the Agreement due to continued acquisition and disposition of real property and construction advances.

Work assignments specifying tasks, the schedule for performance, and HST number will be made by the ACM in coordination with the Authority Task Manager (ATM) through Task Orders. Entering into this Agreement is not a guarantee of Work, volume of Work or billable time, and there is no guarantee of Work, volume of Work or billable time.

G. Task Orders

(1). The Contractor shall be assigned Work through a Task Order (TO) drafted and issued by the ACM and executed by the Authority and the Contractor. Each TO shall designate the limits of Work assigned to the Contractor; the portions of the Scope of Work from which the TO authorizes Work; the services the Contractor shall provide; a delivery date; and the maximum compensation for the TO.

(2). Each TO assigned shall have an allotted time schedule. Contractors shall respond to the TOs within 24-48 hours. The expected timeframe to complete the service will vary depending on parcel size.

(3). The Authority reserves the right to withdraw a TO from the Contractor and to reassign or self-perform the Work, compensating the Contractor only for services performed on the TO prior to the date the TO is withdrawn.

(4). The Authority will not pay for Work that does not conform to the TO, Authority requirements, applicable standard(s) or laws, or the direction of the ACM, or which is delivered in an unprofessional, unworkmanlike, or untimely manner. In the event the Work is deemed unsatisfactory in accordance with the TO, Authority requirements, applicable law, industry standard or other applicable workmanship standard, Agreement requirements or direction of the ACM, the Authority will not pay for the required rework.

(5). The Authority shall not reimburse the Contractor for rework or to correct inaccurate, substandard, defective, or rejected Work as determined by the ACM.

The Contractor and its Subcontractors must have a record-keeping system capable of segregating time spent on each individual TO correcting inaccurate, substandard, defective, or rejected Work as identified by the ACM.

H. Contract Management

(1). The Contractor shall manage its team and any Subcontractors, as defined below, capable of undertaking all Work. All Agreement tasks performed by such team and any Subcontractors shall be directed by the Contractor. The Contractor and any Subcontractors will work under the direction of the Director of Real Property, ACM, and/or ATM (collectively and individually, the “Real Property Branch Staff”).

(2). All Work will be requested by the ACM through TOs. The ATM is the day-to-day contact for the Contractor and may provide direction on Work that has been tasked via executed TO.

(3). The Authority may require, in writing, that the Contractor remove or terminate any employee or, Subcontractor that the Authority deems objectionable.

I. Meetings and Safety Training

(1). The ACM or ATM and the Contractor or Contractor’s designated employee shall attend an in person or virtual “kick-off” meeting, on a mutually agreed upon day and time, within one (1) week after the execution of the Agreement.

(2). Additional meetings may be scheduled at the request of either the ACM, ATM, or the Contractor. Should either party request a meeting, the other party shall respond in writing via email within forty-eight (48) hours with an agreed upon day and time, to take place within one (1) week.

(3). The Contractor shall ensure that only qualified employee(s) that undergo the

Authority Safety Program Division’s safety training, which will be administered prior to the start of the Work, are permitted on the property locations and that the work shall be safely performed by the highest industry standards.

a. The safety training will be approximately one (1) hour long and will be administered in-person at 1111 H Street Fresno, CA 93721, via Microsoft Teams. The Contractor shall take all the necessary precautions provided in the Authority Safety Program Division’s safety training to prevent hazards, injuries, and/or damages to Authority property, any adjacent property, Authority staff, invitee(s), property owner(s) and property occupant(s), and/or the general public.

J. Notice to Proceed

(1). Schedule

a. The authority will issue a Notice to Proceed (NTP) to the Contractor to commence work after the execution of the Agreement by both parties.

K. Loss/Damage

(1). The Authority shall be relieved from all risks of loss or damage to all equipment/parts during periods of transportation by the Contractor or the Contractor’s agent.

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Budget Contingency Clause

A. It is mutually agreed that this Agreement shall be of no further force and effect if the Budget Act of the current year and/or any subsequent years, if applicable, covered under this Agreement does not appropriate sufficient funds for the Work identified in Exhibit A. In this event, the Authority 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 provision of this Agreement.

B. After execution or commencement of this Agreement, if the funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Project, the Authority shall have the option to either: 1) cancel this Agreement with no further liability occurring to the Authority; or 2) offer an amendment to the Agreement to reflect the reduced amount.

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

2. Invoice and Payment

A. For services satisfactorily rendered in accordance with the terms of this Agreement, and upon receipt and approval of the invoices by the ACM, the Authority agrees to compensate the Contractor for actual hours worked in accordance with Exhibit B, Attachment 1 – Cost Sheet. Rates shall not exceed the rates identified in Exhibit B, Attachment 1 – Cost Sheet.

The Contractor agrees to compensate all subcontractors with the same payment structure.

B. No payment shall be made in advance of services rendered.

C. The total amount payable by the Authority for this Agreement shall not exceed the amount on the STD 213. It is understood and agreed that this total is the maximum amount payable to the Contractor and that the actual amount of Work requested by the Authority, and payment therefore, may be less.

D. The Contractor shall provide one (1) electronic original copy of the invoice for payment.

Invoices shall be submitted no more than monthly in arrears and no later than thirty (30) days after completion of each billing period or upon completion of a task to:

Financial Office California High-Speed Rail Authority

770 L Street, Suite 620 MS 3 Sacramento, CA 95814 accountspayable@hsr.ca.gov mailto:accountspayable@hsr.ca.gov

AND

The Contractor shall also electronically submit one (1) additional courtesy copy of the invoice and supporting documentation to the Authority’s Contract Manager or designee at the email address identified in Exhibit A.

E. If requested by Authority, the Contractor shall provide paper copies of the invoice for payment, receipts and other documentation identified in Section 3 of this Exhibit B.

F. The date of invoice delivery shall be the date the Authority receives the electronic original copy to the Financial Office at the email address listed above in Section D of this Exhibit B.

3. Invoice Content

A. An invoice shall consist of, but not be limited to, the following:

(1). Agreement number, date prepared, and billing period, total amount invoiced, and HST number.

(2). The Contractor’s billing amount by hourly rate per person for services provided and for training per individual, as identified on Exhibit B, Attachment 1 – Cost Sheet. Each invoice shall identify actual services rendered, and individuals who provided rendered services (as specified in Exhibit B, Attachment 1 – Cost Sheet and by reference to TOs, as applicable) during the billing period.

(3). If applicable, an indication if the Contractor is certified as a California Certified

Small Business (SB), Microbusiness (MB), Small Business for the Purpose of Public Works (SB-PW), Disabled Veteran Business Enterprise (DVBE), or Disadvantaged Business Enterprise (DBE). Subcontractor and vendor invoices shall also indicate whether a subcontractor or vendor is an SB, MB, SB-PW, DVBE, or DBE.

(4). The Contractor shall retain supporting documentation of amounts invoiced for audit purposes available to the Authority upon request. The Contractor shall include appropriate provisions in each of its subcontracts/subagreements to secure adequate supporting documentation to verify all subcontractor services and expenses invoiced for payment under this Agreement.

(5). Subcontractors’ and vendors’ invoices.

(6). The Postconsumer-Content Certification Form, CalRecycle Form 74.

(7). The Contractor shall report in its invoice to the Authority on a monthly basis the percentages of recycled products used for reportable purchases under the State Agency Buy Recycled Campaign (SABRC) pursuant to California Public Contract Code sections 12200 through 12217.

4. Travel and Per Diem Rates

A. No travel is authorized under this Agreement.

5. Cost Principles

A. The Contractor agrees to comply with the federal cost principles applicable to the FRA Grant Cooperative Agreement No. FR-HSR-0118012, as amended (FY 10 Grant) and/or the amended FRA Grant Cooperative Agreement No. FR-HSR-0009‐10‐01‐06 (America Recovery and Reinvestment Act [ARRA] Grant) and/or any future FRA, United States Department of Transportation (U.S. DOT), or other federal agency Grant/Cooperative Agreement requirements. These provisions, include but are not limited to, the applicable provisions of 2 C.F.R. Part 200 (including § 200.101), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and DOT’s implementing regulations at 2 C.F.R Part 1201. If applicable, this compliance also includes the OMB Circular A-87, as amended, Cost Principles for State and Local Governments and 48 C.F.R, Part 31 Contract Cost Principles and Procedures.

B. Any costs for which payment has been made to the Contractor that are determined by subsequent audit to be unallowable are subject to repayment by the Contractor to the Authority.

C. Any subcontract/subagreement in excess of $25,000 entered into as a result of this

Agreement, shall contain all the provisions of this clause.

6. Prompt Payment Clause

A. Payment will be made in accordance with, and within the time specified in, Government Code section 927, et seq. The date of invoice delivery shall be the date the Authority receives the electronic original at the email address listed in Section 3 of this Exhibit B.

7. Excise Tax

A. The State of California is exempt from federal excise taxes, and no payment will be made for any federal excise taxes levied on the Contractor. The Authority will only pay for any State or local sales or use taxes on the services rendered to the Authority pursuant to this Agreement. For clarification on excise tax exemptions, refer to the State Administrative Manual section 3585.

8. Invoice Disputes

A. Payments shall be made to the Contractor for undisputed invoices. An undisputed invoice is an invoice submitted by the Contractor for services rendered and for which additional evidence is not required to determine its validity. The invoice will be disputed if all deliverables due for the billing period have not been received and approved, if the invoice is inaccurate, or if it does not comply with the terms of the Agreement. If the invoice is disputed, the Contractor will be notified via a Dispute Notification Form, or with other written notification within fifteen (15) Working Days of receipt of the invoice;

the Contractor will be paid the undisputed portion of the invoice.

EXHIBIT C

GENERAL TERMS AND CONDITIONS

GTC 04/2017

Under the California High-Speed Rail Authority’s standardized agreement process, a hardcopy of Exhibit C, GTC 04/2017, is not included in the Agreement but is incorporated herein by reference. As indicated on the STD 213, a copy of Exhibit C can be found at the Department of General Services State Contract Language Page.

If you do not have internet access, or otherwise cannot access the GTC 04/2017, please contact the Contracts and Procurement Branch below to receive a copy:

Contracts and Procurement Branch

(916) 324-1541 770 L Street, Suite 620 MS 7 Sacramento, California 95814 contracts@hsr.ca.gov http://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language http://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language mailto:contracts@hsr.ca.gov

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Term

A. The term of this Agreement is as identified in Section 2 of the Standard Agreement (STD 213).

2. Contract Management

A. The Contractor’s Contract Manager is responsible for the day-to-day Work status, decisions, and…