IFB_No._108213.pdf

September 5, 2024

TO PROSPECTIVE BIDDERS

SUBJECT: INVITATION FOR BID (IFB) No. 108213

Recycling Services for the EDD facilities located in the Sacramento Region

Term: January 1, 2025 through December 31, 2027

The Employment Development Department (EDD) invites you to submit your bid for the above service in accordance with the attached Specifications.

If you wish to bid, see the Instructions to Bidders. If you make any additions or modifications to the IFB package, it may result in the rejection of your bid. The EDD reserves the right to reject any or all bids. Disabled Veteran Business Enterprise Participation and Incentive requirements are waived for this IFB.

Bids must be received and date stamped in the Contracts Services Group no later than

Thursday, September 19, 2024, by 3:00 p.m. (PST)

If you have any questions, please do not hesitate to contact me at Dannielle.Lecitona@edd.ca.gov

/s/DANNIELLE LECITONA Contract Analyst

Enclosures Cc: Joshua Bustos mailto:Dannielle.Lecitona@edd.ca.gov

Employment Development Department 722 Capitol Mall, MIC 62-C

P.O. Box 826880 Sacramento, CA 94280-0001

Bid Due Date: September 19, 2024 Time: 3:00 p.m. (PST)

Exhibit Pages

Instructions to Bidders

A Scope of Work Attachment A-1, Specifications Attachment A-2, State of California Holiday Schedule……………….. 1

B Budget Detail and Payment Provisions……………………………………….. 2 Attachment B-1, Office Location List and Cost Breakdown

C *General Terms and Conditions – 04/2017

D Special Terms and Conditions

E STD 213, Sample Standard Agreement

F Cost Proposal

G Bidder Declaration

H Contractor Certification Clauses

I Certification Regarding Debarment …………….…………………………….. 2

J Darfur Contracting Act Certification ……………………………………………. 2

K STD 204, Payee Data Record ……………………………………………

L STD 205, Payee Data Record Supplement ………………………………… . 2

M California Civil Rights Laws Certification…………………………………… ... 1

N Certification Regarding Lobbying……………………………………

O STD 1000, GenAI Disclosure and Factsheet…………………………………… 3

*View at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

Invitation for Bid No. 108213

IFB No. 108213

STATE OF CALIFORNIA

EMPLOYMENT DEVELOPMENT DEPARTMENT

INSTRUCTIONS TO BIDDERS

INVITATION FOR BID (IFB) REQUEST

1. Submission of Bids

a. Failure to read these instructions, the Specifications, and the Terms and Conditions included in this bid package will be at the bidder's risk. Written instruction(s) regarding the submission of bids shall take precedence over any verbal instruction(s).

b. Bidders shall complete, sign, and return all of the following documents listed below: The exterior of your envelope must clearly be noted: “INVITATION FOR BID, DO NOT

OPEN IN MAIL ROOM, IFB NO. 108213.”

Exhibit F Cost Proposal

Exhibit G Bidder Declaration

Exhibit H Contractor Certification Clauses (CCC 04/2017)

Exhibit I Certification Regarding Debarment

Exhibit J Darfur Contracting Act Certification, if applicable

Exhibit K Payee Data Record, STD 204

Exhibit L Payee Data Record Supplement, STD 205, if applicable

Exhibit M California Civil Rights Laws Certification

Exhibit N Certification Regarding Lobbying

Exhibit O GenAI Disclosure and Factsheet, STD 1000

Copy of valid Business License/Tax Certificate

Secretary of State Certification of Status, is required if your company is a Corporation, Limited Liability Company (LLC), or Limited Partnership (LP). (Refer to Registered To Do Business in California of these Instructions For Bidders).

c. Documents must be signed by an authorized representative of the bidder’s firm. The forms must be completed in ink or typewritten. If errors are made, they must be crossed out and corrections printed in ink or typewritten adjacent to error. Corrections must be initialed in ink by person signing the bid forms.

d. The EDD reserves the right to reject any or all bids and may waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the solicitation documents, or excuse the bidder from full compliance with the solicitation specification if awarded the contract. The EDD is not required to award an agreement.

e. Bid packages must be received and time stamped in Contract Services Group no later than 3:00 p.m. (PST) on the bid closing date of September 19, 2024. Signed copies of the sealed bid package are to be mailed or delivered to:

Regular, Overnight and/or Express Delivery:

Employment Development Department Mail Services 722 Capitol Mall, Room 2071 Sacramento, CA 95814 Attn: Dannielle Lecitona, MIC 62-C

Email Delivery:

Dannielle.Lecitona@edd.ca.gov

Bids received and time stamped after 3:00 p.m. (PST) on the bid closing date of September 19, 2024, will be considered "late" and will be returned to sender.

4. Online Small Business (SB) and Disabled Veteran Business Enterprise (DVBE)

Certification Process

California’s SB and DVBE firms can now file their applications and get certified online via the Department of General Services website at: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Register-Apply-or-Renew-a-Small- Business-and-Disabled-Veteran-Business-Enterprise. Small Businesses and DVBEs can access the numerous benefits that come along with certification in a more timely and efficient manner.

5. Replacement of Disabled Veteran Business Enterprise Subcontractors

If for this Agreement, Contractor made a commitment to achieve Disabled Veteran Business Enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Agreement have been made to the DVBE(s), and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military & Veterans Code section 999.5(d)).

Contractor understands and agrees that should award of this Agreement be based in part on their commitment to use the DVBE subcontractor(s) identified in their bid or offer, per Military and Veterans Code section 999.5(e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS).

Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment.

Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State and penalties as outlined in Military and Veterans Code section 999.9; Public Contract Code section 10115.10 or P.C.C. § 4110 (applies to public works only).

mailto:Dannielle.Lecitona@edd.ca.gov

6. Award of the Agreement

a. Award will be made to the lowest responsible bidder meeting specifications and offering to supply the services described. The firm submitting the lowest responsible bid may be required to submit evidence that they have available, as needed, sufficient resources to provide the necessary equipment and personnel to enable them to meet the requirements of the Contract, and may also be required to furnish information as to their financial responsibility.

b. It is understood and agreed that following the award of the Contract, the successful bidder shall agree to comply with all Exhibits attached herein, and provide the required documents requested (i.e., bonds, insurance certificates, etc.) in order for the EDD to complete the execution of a Standard Agreement (STD. 213).

c. Small Business/Microbusiness (SB/MB) and Small Business/Nonprofit Veteran

Service Agency (SB/NVSA) Certification Preferences

A SB/MB and SB/NVSA Certification Preferences are applicable to the award of this contract.

(1) Certified SB/MB and SB/NVSAs may claim preference when submitting a bid on this

Contract. The preference is equal to five percent (5%) of the lowest responsible bid.

When the lowest responsible bid is not submitted by a certified small business, the preference becomes applicable. Please note that the preference is used for computation purposes only (to a maximum amount of $50,000) in determining the successful bidder. It does not alter the amount of the resulting contract.

(2) To learn more about the SB/MB and SB/NVSA Preference Programs and how your business might qualify, contact the Office of Small Business and DVBE Services at

(916) 375-4940.

d. California Certified Small Business Subcontractor Preference

A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code section 14837(d)(4).

The required list of California certified small business subcontractors must be attached to the bid response and must include the following: 1) subcontractor name; 2) address;

3) phone number; 4) a description of the work to be performed and/or products supplied;

5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services no later than 5:00 p.m.

on the bid due date, and the Office of Small Business and DVBE Services must be able to approve the application as submitted. Questions regarding certification should be directed to the Office of Small Business and DVBE Services at (916) 375-4940.

7. Rejection of Bids

a. If the bid is received after the exact time and date as stipulated in the bid package, the bid shall be rejected.

b. If it is found that a bidder is not responsible (i.e., has not paid taxes; has no business license; has submitted a bid when the bidder’s license is suspended on the date of the bid opening and/or award of the Contract, or during the proposed term of the Agreement;

submitted a bid without an authorized signature; falsified any information in the proposal package or has provided poor performance on a previous contract with EDD, etc.), the bid/proposal shall be rejected.

c. If it is found, upon license verification with the Contractor's State Licensing Board, that a bidder's license is suspended on the date of the bid opening and/or award of the contract, or during the proposed term of the Agreement, the proposal shall be considered nonresponsive and shall be rejected.

d. The EDD reserves the right to reject any and all bids and to waive any immaterial deviation or defect in the bid. The EDD’s waiver of any immaterial deviation or defect shall in no way modify the bid document or excuse the bidder from full compliance with the solicitation document specifications if awarded a Contract.

8. Tie Bids

In the event of a tie between two bidders, a coin toss will be used to determine the winner.

Any coin toss shall be observed by witnesses, and the tied bidders would be invited to have representatives present.

9. Subcontractors

No subcontracting will be allowed to circumvent competitive bidding. A certified Small Business/Microbusiness, Small Business/Nonprofit Veteran Service Agency or a certified Disabled Veteran Business Enterprise will only be permitted to subcontract in order to meet Department requirements and/or preferences. The subcontracting services and amount shall not exceed 25 percent (25%) of the bid. The Contractor shall be solely responsible for fulfilling the requirements of the bid. If it is anticipated that subcontractors will be used, the bid must include the name(s) of person(s) or firm(s), and must specify the portions and monetary percentages of the work to be done by them.

10. Subcontractors Substitution

If EDD gives written approval to subcontract, Public Contract Code section 4107 authorizes an awarding authority to consent to substituting a subcontractor when the subcontractor listed in the bid fails or refuses to execute a written Contract for the Scope of Work specified in the subcontractor's bid, and at the price specified in the subcontractor's bid.

11. Disposition of Bids

All material submitted in response to this bid package will become the property of EDD and will become a public record after Award.

12. Grounds For Protest

a. Those who may protest are as follows:

• For RFQ/IFBs, the lowest responsible bidder meeting the specifications (if not awarded the Contract).

• For RFPs, any proposer who claims he/she should have been awarded the contract if EDD had scored his or her proposal correctly, or if the agency had correctly followed the procedures specified in the P.C.C.

b. There is no protest if the awarding agency rejects all bids or proposals, based on the interest of the State.

13. Protest Exclusions

The State has no jurisdiction to consider a protest when:

• The Contract is considered a public works contract.

• The Contract award is for a type of contract not subject to the protest procedures. This category includes contracts for maintenance, modification, and so forth of real or personal property, including equipment and contracts for professional services under Government Code section 4525.

• The protestant was not the lowest responsible bidder or the highest-scored proposer.

• The protestant was not a bidder or proposer, and seeks to contest the award. The only recourse in this case is through the civil courts.

• The protest was not submitted in a timely manner.

• The grounds for the protest do not meet the permissible grounds stated in the P.C.C.

14. Notification of the Right to Protest

Unsuccessful bidders who wish to protest this award must submit a detailed, written statement of protest, including the IFB/RFP No., the name of the State agency involved, and the agency contact person. The protest must be submitted within five (5) working days following the bid opening. All protests must be submitted to both of the following:

Department of General Services

Office of Legal Services Attention: Bid Protest Coordinator

707 Third Street, 7th Floor, Suite 7-330 West Sacramento, CA 95605

Bid Protest Coordinator Email address: OLSProtests@dgs.ca.gov

Employment Development Department Contract Services Group

722 Capitol Mall, MIC 62-C Sacramento, CA 95814

FAX: (916) 319-1684

mailto:OLSProtests@dgs.ca.gov

15. Conditions and Commitment

By signing and submitting a bid package, the bidder acknowledges it has read, understood, and agrees to the following provisions:

a. General Terms and Conditions – 04/2017 available for viewing at: GTC 04/2017

b. Performing a Commercially Useful Function: In accordance with Government Code section 14837 and Military and Veterans Code section 999, all certified SB/MB or DVBE contractors, subcontractors and suppliers that bid on or participate in a state contract, regardless of whether it is a verbal or written solicitation must perform a Commercially Useful Function (CUF). A certified SB/MB or DVBE is deemed to perform a CUF if the business does all of the following:

• Is responsible for the execution of a distinct element of the work of the Contract.

• Carries out its obligation by actually performing, managing, or supervising the work involved.

• Performs work that is normal for this business services and functions.

• Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.

• Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

c. Payee Data Record, STD. 204

Revenue and Taxation Code section 18646 requires state agencies to file information tax returns (IRS Form 1099) for certain types of payments made to vendors. The successful bidder will be required to complete and submit a Payee Data Record, STD. 204 to EDD before processing payment for services. Upon completion of the work in a manner satisfactory to EDD, EDD agrees to make payments in accordance with the contract provisions.

d. California Taxpayer and Shareholder Protection Act of 2003

This solicitation and any resulting contract are subject to all requirements as set forth in the Public Contract Code section 10286 which includes, but is not limited to, providing written submission of a declaration stating that the supplier is eligible to contract with the State of California pursuant to statutory requirements.

Failure of the supplier to comply with and provide information, when requested by the awarding department within the time indicated, will cause the supplier's bid response to be considered nonresponsive and their bid will be rejected.

e. Registered To Do Business In California

Corporations, Limited Liability Companies (LLCs), and Limited Partnerships (LPs) must be registered with the California Secretary of State to be awarded a contract. The Secretary of State Certificate of Status must be included with the bid. The Secretary of State may be contacted as follows:

California Secretary of State

Division of Corporate Filing and Services 1500 Eleventh Street, Third Floor

Sacramento, CA 95814-5701 Certification Unit: (916) 657-5251 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINALapril2017.ashx?la=en&hash=04E212331938533CCF1EC73EB0BC1FDCBADAC601

Required document(s) may also be obtained at the following website:

https://bizfileonline.sos.ca.gov/search/business

f. Prohibition of Tax Delinquents from Contracting

The State of California is prohibited from entering into any contracts for the acquisition of goods and services with persons whose name appears on either list of the 500 largest tax delinquencies pursuant to section 7063 or section 19195 of the Revenue and Taxation Code. Reference also to P.C.C. § 10295.4.

Bidder certifies that it is not included on the California Department of Tax and Fee Administration list at: https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm or the Franchise Tax Board list at: https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html

g. Loss Leader

It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in California Business and Professions Code section 17030.

h. Declaration Forms

All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response.

Bidders who have been certified by California as a Disabled Veteran Business Enterprise Declaration (DVBE) (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration).

All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). The completed form should be included with the bid response. At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the requested written information as specified may be grounds for bid rejection.

i. Insurance Requirement

Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, Contractor agrees to provide at least 30 days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as outlined below for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of the Department of General Services, and Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, EDD may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. The Contractor shall provide written notice to EDD within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

https://bizfileonline.sos.ca.gov/search/business https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/index.html https://www.ftb.ca.gov/aboutFTB/Delinquent_Taxpayers.shtml http://www.boe.ca.gov/cgi-bin/deliq.cgi

The Contractor shall display evidence of the following coverage on an ACORD certificate:

j. General Liability Insurance – The Contractor shall furnish to EDD a certificate of insurance prior to commencement of work stating there is general liability insurance in effect for the Contractor in an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage combined.

The certificate of insurance must include the following provision stating:

“The State of California, its officers, agents, employees and servants are included as additional insured, but only with respect to work performed for EDD under this Contract.” The additional insured endorsement must accompany the certificate.

k. Workers' Compensation and Employer’s Liability Insurance - The Contractor shall furnish to EDD a certificate of insurance evidencing Workers’ Compensation and Employers Liability Insurance presently in effect with limits not less than $1,000,000 by an insurance carrier licensed to write Workers' Compensation insurance in California. Such certificate shall include the name of the carrier and the policy inception and expiration dates. If the Contractor is self-insured for Workers’ Compensation, a certificate must be presented evidencing Contractor is a qualified self-insurer in the State of California.

l. Automobile Liability Insurance, if applicable - The Contractor shall furnish to EDD a certificate of insurance evidencing automobile liability insurance presently in effect for the Contractor of not less than $1,000,000 per accident while utilizing a motor vehicle in the performance of this contract. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

m. Environmental Liability Insurance, if applicable – The Contractor and any subcontractors shall furnish to EDD a certificate of insurance evidencing environmental liability insurance presently in effect for the Contractor of not less than $1,000,000 per occurrence for bodily injury, property damages and costs incurred for clean-up and removal of substances causing pollution conditions. This requirement can also be met by securing one of the following: (1) an endorsement to the Contractor’s general liability insurance overriding the general liability pollution exclusion or; (2) an endorsement evidencing pesticide/herbicide coverage afforded to the Contractor’s general liability policy.

n. Iran Contracting Act Certification, if applicable

Pursuant to the Iran Contracting Act of 2010 (P.C.C. sections 2200 - 2208 are “the Act”), vendors are ineligible to bid on, submit a bid for, enter into, or renew any contract with the State for goods or services of one million dollars ($1,000,000) or more if the vendor engages in investment activities, in Iran, as defined in the Act.

Bidder certifies that it is not on the current list of Entities Prohibited from Contracting with Public Entities in California per the Act found at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-DivisionResources- List-Folder/List-of-Ineligible-Businesses

o. California Public Records Act (PRA)

Upon award, all documents and information therein, submitted in response to this IFB become property of the State of California and will be regarded as public records under the Public Records Act, pursuant to Government Code section 6250, et seq.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-DivisionResources-List-Folder/List-of-Ineligible-Businesses https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-DivisionResources-List-Folder/List-of-Ineligible-Businesses

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

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, the Contractor represents that it is not a target of Economic Sanctions. Should the State determine the 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.

q. GenAI Technology:

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.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror. Failure to disclose GenAI to the State and submit the GenAI Disclosure & Factsheet will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet 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.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf

EXHIBIT A

SCOPE OF WORK

(Standard Agreement)

1. This Agreement is entered into by and between the Employment Development Department

(EDD), hereinafter referred to as EDD, and TBD, hereinafter referred to as Contractor, for the purpose of providing Recycling Services for the EDD facilities located in the Sacramento Region.

2. The project representatives during the term of this Agreement will be:

State Agency Contractor Employment Development Department TBD Attention: Joshua Bustos Attention:

1733 Sports Drive, MIC 72 Sacramento, CA 95834

Phone: (916) 928-5918 Phone:

FAX: (916) 928-5910 FAX:

Email: Joshua.Bustos@edd.ca.gov Email:

Alternate representatives who may authorize work to be performed will be John Daniels, Frank Stegeman, and Craig Christensen. The EDD may reassign the contract monitor or alternate representatives at any time during this Agreement, and that reassignment will not require an amendment to this Agreement.

3. The services shall be provided in accordance with Attachment A-1, Specifications, Attachment A-2, State of California Holiday Schedule, and Attachment B-1, Office List and Cost Breakdown, which are incorporated in this Agreement.

4. Health and Safety Requirements

The Contractor when entering the EDD facility and/or property is expected to be familiar with and abide by all statewide and locally mandated health and safety requirements. Such requirements include, but are not limited to, following the California Department of Public Health’s (CDPH) Guidance for the Use of Face Coverings published on March 3, 2023 (along with any subsequent versions) and remaining compliant with personal protective equipment (PPE) and other safety equipment requirements provided under state and federal occupational safety and health laws.

The EDD also requires that the Contractor follow additional guidelines from the CDPH and public health officials, such as avoiding close contact with others and engaging in hygienic practices while working. The EDD reserves the right to require stricter requirements than are recommended by local and state public health authorities. Non-compliance by the Contractor, its employees, or any subcontractors may result in the EDD refusing entry onto, or removal from, the EDD property. A breach of these requirements grants the EDD the right to terminate this Agreement.

mailto:Joshua.Bustos@edd.ca.gov

EXHIBIT A

SCOPE OF WORK

5. BACKGROUND INVESTIGATION

The EDD shall conduct a background investigation of the Contractor, its employees, contractors, agents, volunteers, vendors, or subcontractors, unless the EDD determines such individuals are not subject to a background investigation. Individuals must voluntarily consent to a background check and the EDD reserves the right to disapprove any individual from performing services under the scope of the Contract.

Investigations will be conducted to ascertain whether a contractor, its employees, contractor’s agents, volunteers, vendors, or subcontractors have any state or federal convictions, or are currently released from custody on bail or on their own recognizance pending trial. The background investigation will include fingerprinting and an inquiry to the California Department of Justice and the Federal Bureau of Investigations (FBI) to disclose Criminal Offender Record Information. The EDD will absorb the cost of the fingerprinting services.

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement)

I. GENERAL

A. The Contractor shall furnish all labor, tools, equipment, and materials, and pay all taxes, permits, and/or inspection fees necessary to perform the work at the EDD offices located in the Sacramento region in accordance with these Specifications. The Contractor shall provide all services per accepted industry standards. Should there be any errors or omissions in any of the instructions, Specifications, or exhibits regarding materials and/or methods recommended, it shall be the Contractor’s responsibility to notify the EDD Representative, and upon agreement, use the appropriate materials, method, or process to obtain the intended finish product.

B. The Contractor must be able to provide recycling services to all locations listed in Attachment B-1. During the term of this Agreement, the vendor will provide for the EDD’s continued use three-yard dumpsters, one-yard rolling cages, and one-yard rolling bins at each EDD location, as specified in Attachment B-1. The vendor must agree to pick up the full contents of each device, at each location, listed on Attachment B-1.

Offices may be added or deleted as required and location changes may occur due to facility relocation. An addition, deletion, or relocation will not require an amendment to this Agreement. A five (5) business day notification will be provided to the Contractor by the EDD Representative.

C. Charges will be per pick up but built in additional pick-up costs based on current high volume schedule frequency averages have been added.

D. The Contractor shall not assign or sublet any work covered by the Agreement without prior written authorization from the EDD representative.

E. All work shall be completed in compliance with any related drawings and specifications and shall comply with all applicable codes, regulations, and ordinances.

II. SPECIFICATIONS

A. The Contractor is to provide full service, in-house collection of recyclable paper, which can consist of white ledger, color ledger, or office pack, newspaper, old, corrugated cardboard, mixed paper, mixed metal, mixed plastics, and paper not disposed of in confidential destruct from the EDD offices listed in Attachment B-1, Office Location List and Cost Breakdown.

B. The Contractor’s employees performing in-house collection shall walk throughout the above-referenced buildings to collect materials from each floor, as well as, emptying dock side bins.

C. The Contractor shall provide dockside collection of recyclable paper, which can consist of white ledger, color, ledger, or office pack, newspaper, old, corrugated cardboard, mixed paper, mixed metal, mixed plastics, and paper not disposed of in confidential destruct the EDD offices listed in Attachment B-1, Office Location List and Cost Breakdown.

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement)

D. Material is to be collected in accordance with the office frequencies listed in Attachment B-1, Office Location List and Cost Breakdown, or as agreed to by the Contractor and the EDD Representative.

E. The EDD will provide a Proximity Access Card to the Contractor for exterior doors only.

Upon entering any locked area, the Contractor shall knock to gain entrance. For concerns where access is difficult, the Contractor and the EDD Representative will attempt resolution with the occupants.

F. The Contractor will locate all bins in common areas where current recycle program bins are housed. These items are not to be placed in corridors or other areas that may block emergency egress by the occupants.

G. Damage to the building or any equipment should be reported to the EDD Representative immediately. The Contractor will be responsible for repairing/replacing any damage caused by its employees or operation.

H. Service shall be performed timely, with diligence, in a competent, safe, and professional manner by experienced and properly trained workers and shall be performed to the EDD’s satisfaction. The Contractor shall demonstrate due caution in handling the materials while on the EDD premises. The EDD shall not be held liable for any loss or damage sustained by the Contactor in connection with the services. The bins and consoles are owned by the EDD and should not be removed from the property by the Contractor or their employees.

I. THE CONTRACTOR’S RESPONSIBILITIES:

1. It will be the Contractor’s responsibility to field-verify all existing conditions prior to the commencement of work.

2. The Contractor shall have the necessary experience, full ability, truck capacity, and furnish all labor and equipment necessary to perform all the services presented in these Specifications in a professional, orderly, timely, and efficient manner. The Contractor shall pick up the full contents of each recycle container at each location according to the agreed upon pick up schedule. Any additional agreed upon pickups outside the normal pickup schedule must also be collected in full. The Contractor’s employees, equipment, etc., shall be restricted to the immediate area of the work being performed.

J. DISCREPANCIES: Should any error occur, discrepancy, or doubt arise as to the intent and purpose of these Specifications, the Contractor shall immediately refer the same to the EDD Representative for further instructions before proceeding with the work affected.

K. SUPERVISION: The Contractor shall personally supervise the work or employ a competent authorized representative to the EDD who shall, always, be present at the work site while the work is in progress.

ATTACHMENT A-1

SPECIFICATIONS

(Standard Agreement)

L. ADVANCE WORK: Should the Contractor begin work in advance of receiving a copy of the approved Agreement, any work performed in advance of approval shall be considered as having been done at the Contractor’s own risk and as a volunteer.

III. SCHEDULING

A. Service shall occur during the week Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., excluding state holidays. If a scheduled service visit falls on a state holiday, the Contractor shall reschedule the service for the workday preceding one following the state holiday. Collection of the materials within the office is the responsibility of the Contractor. Service shall be provided onsite in the parking lots or street surrounding the EDD office and shall be provided in such a manner as to not disrupt other businesses in the immediate vicinity. The Contractor will park their vehicles in such a manner that it will not block parked vehicles or will park as directed by the EDD Representative at each location. The Contractor shall conform to all zoning requirements including requirements involving noise.

B. The Contractor shall arrange a schedule as specified in Attachment B-1, Office list.

Schedule changes must be by mutual agreement between the Contractor and the EDD Representative. Once the schedule is established, the Contractor must adhere to the schedule unless the EDD Representative and the Contractor mutually agree upon a new schedule. The Contractor will submit a master schedule to the EDD Representative within six (6) weeks commencing work.

C. The EDD reserves the right to make changes by altering, deleting, reducing, and/or adding additional service visits if necessary. If additional collection services are required, the Contractor will be notified at least five (5) business days in advance.

Extra services must take place no more than five (5) business days from the time of the request.

IV. HEALTH, SAFETY, AND SECURITY

A. It shall be the responsibility of the Contractor to decide in advance with the EDD Representative to have any needed parking areas, driveways, and/or sidewalks cleared so the work can be performed.

B. The EDD office area may be occupied at the time of service performed under this Agreement. The Contractor shall make provisions to accomplish the work assigned without undue interference to the occupants of the building and building operations.

Corridors and entrances used by the occupants and reasonable accesses shall be kept clear unless previously agreed upon. Interference with or inconvenience to occupants shall be kept to a minimum.

ATTACHMENT A-2

STATE OF CALIFORNIA HOLIDAY SCHEDULE

(Standard Agreement)

DATE HOLIDAY

January 1st New Year’s Day*

3rd Monday in January Martin Luther King, Jr. Day

3rd Monday in February President’s Day

March 31st Cesar Chavez Day*

Last Monday in May Memorial Day

July 4th Independence Day*

1st Monday in September Labor Day

November 11th Veteran’s Day**

4th Thursday in November Thanksgiving

4th Friday in November Day after Thanksgiving

December 25th Christmas Day

* If any of these holidays occur on a Saturday, the holiday is not observed via the closing of state offices during the week. If any of these holidays occurs on a Sunday, the holiday is observed on the next day (Monday).

** If Veterans Day occurs on a Saturday, the holiday is observed on the proceeding Friday. This is the only exception to the Saturday Holiday rule above. If this holiday occurs on a Sunday, the holiday is observed on the next day (Monday).

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

(Standard Agreement)

I. Invoicing and Payment

A. In consideration of satisfactory services performed, the EDD agrees to pay the amount of ____________________ ($_______) per monthly pick up rates for services provided in accordance with Attachment B-1, Office List, and Cost Breakdown. The total amount of this Agreement shall not exceed

B. The invoices must reference the following:

• The EDD Contract No. M108213-7100

• Identifies services provided, service period, unit price (i.e. hourly, monthly), and quantity applicable to the service

• Accurate billing address as started on the Purchase Order or Contract

• Supplier invoice date

• Company name and remittance address

The invoices in triplicate, in arrears shall be forwarded monthly to the address shown below:

Employment Development Department 1733 Sports Drive

Sacramento, CA 95834 Attn: Joshua Bustos

Joshua.Bustos@edd.ca.gov

I. Budget Contingency Clause

It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of Congressional and Legislative appropriation of funds, for the mutual benefit of both parties, to avoid program and fiscal delays which would occur if the Agreement were executed after the determination was made.

This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this agreement is subject to any additional restrictions, limitations, or conditions established by the United States Government and/or the State of California, or any statute enacted by Congress and the Legislature, which may affect the provisions, terms, or funding of the Agreement in any manner.

The parties mutually agree that if Congress and/or the Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

mailto:Joshua.Bustos@edd.ca.gov

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

(Standard Agreement)

The EDD has the option to terminate the Agreement under the 30-day termination clause or amend the Agreement to reflect any reduction of funds.

II. California Prompt Payment Clause

Payment will be made in accordance with and within the time specified in Government Code section 927, et seq.

ATTACHMENT B-1

OFFICE LOCATION LIST AND COST BREAKDOWN

(Standard Agreement)

SFY 24-25 (01/01/25 - 06/30/25)

Department Name Address Service

Type Pickup Volume Frequency Per Pickup

Per Month Estimate

EDD 1733 Sports Drive Dockside Up to (12) pallets and (3) 3-yard dumpsters and

(6) 1-yard cages/rolling bins. 3x Month $ XXXX $ XXXX

EDD 2400 Venture Oaks In-House (18) Bushel container per floor 1x Month $ XXXX $ XXXX

EDD 3704 Parkway Place Dockside Up to (12) pallets and (9) 1-yard cages and (26)

Gaylords 8x Month $ XXXX $ XXXX

EDD 722/800 Capitol Mall-

In-House Dockside (3) 3-yard dumpsters, (1) 1-yard rolling bin 3x Month $ XXXX $ XXXX

EDD 750/751 N St. Dockside (2) 3-yard dumpsters 2x Month $ XXXX $ XXXX

EDD 9815 Goethe Road Dockside (6) 1 yard rolling bins 4x Month $ XXXX $ XXXX Additional Pickups as needed up to 3 per month at $XXXX for Dockside and 1 per month at $XXXX for In-House per pickup (only billable if used) $ XXXX

Total Estimated Monthly Max: $ XXXX Total Estimated Max

$ XX,XXX

(6 Months):

ATTACHMENT B-1

OFFICE LOCATION LIST AND COST BREAKDOWN

SFY 25-26 (07/01/25 - 06/30/26)

Department Name Address Service

Type Pickup Volume Frequency Per Pickup

Per Month Estimate

EDD 1733 Sports Drive Dockside Up to (12) pallets and (3) 3-yard dumpsters and

(6) 1-yard cages/rolling bins. 3x Month $ XXXX $ XXXX

EDD 2400 Venture Oaks In-House (18) Bushel container per floor 1x month $ XXXX $ XXXX

EDD 3704 Parkway Place Dockside Up to (12) pallets and (9) 1-yard cages and (26)

Gaylords 8x Month $ XXXX $ XXXX

EDD 722/800 Capitol Mall-

In-House Dockside (3) 3-yard dumpsters, (1) 1-yard rolling bin 3x Month $ XXXX $ XXXX

EDD 750/751 N St. Dockside (2) 3-yard dumpsters 2x Month $ XXXX $ XXXX EDD 9815 Goethe Road Dockside (6) 1 yard rolling bins 4x Month $ XXXX $ XXXX

EDD NLAB 1416 9th St In-House Dockside (3) 3-yard dumpsters and (2) 1-yard rolling bins 2x Month Dockside

2x Month In-House $ XXXX $ XXXX

Additional Pickups as needed up to 3 per month at $XXXX for Dockside and 1 per month at $XXXX for In-House per pickup (only billable if used) $ XXXX

Total Estimated Monthly Max $ XXXX Total Estimated Max

$ XXX,XXX

(12 Months)

ATTACHMENT B-1

OFFICE LOCATION LIST AND COST BREAKDOWN

SFY 26-27 (07/01/26 - 06/30/27)

Department Name Address Service

Type Pickup Volume Frequency Per Pickup

Per Month Estimate

EDD 1733 Sports Drive Dockside Up to (12) pallets and (3) 3-yard dumpsters and

(6) 1-yard cages/rolling bins. 3x Month $ XXXX $ XXXX

EDD 2400 Venture Oaks In-House (18) Bushel container per floor 1x month $ XXXX $ XXXX

EDD 3704 Parkway Place Dockside Up to (12) pallets and (9) 1-yard cages and (26)

Gaylords 8x Month $ XXXX $ XXXX

EDD 9815 Goethe Road Dockside (6) 1 yard rolling bins 4x Month $ XXXX $ XXXX

EDD NLAB 1416 9th St In-House Dockside (3) 3-yard dumpsters and (2) 1-yard rolling bins 2x Month Dockside

2x Month In-House $ XXXX $ XXXX

Additional Pickups as needed up to 3 per month at $XXXX for Dockside and 1 per month at $XXXX for In-House per pickup (only billable if

Total Estimated Max

$ XXX,XXX

(12 Months)

ATTACHMENT B-1

OFFICE LOCATION LIST AND COST BREAKDOWN

(Standard Agreement)

SFY 27-28 (07/01/27 - 12/31/27)

Department Name Address Service

Type Pickup Volume Frequency Per Pickup

Per Month Estimate

EDD 1733 Sports Drive Dockside Up to (12) pallets and (3) 3-yard dumpsters and

(6) 1-yard cages/rolling bins. 3x Month $ XXXX $ XXXX

EDD 2400 Venture Oaks In-House (18) Bushel container per floor 1x Month $ XXXX $ XXXX

EDD 3704 Parkway Place Dockside Up to (12) pallets and (9) 1-yard cages and (26)

Gaylords 8x Month $ XXXX $ XXXX

EDD 9815 Goethe Road Dockside (6) 1 yard rolling bins 4x Month $ XXXX $ XXXX

EDD NLAB 1416 9th St In-House Dockside (3) 3-yard dumpsters and (2) 1-yard rolling bins 2x Month Dockside

2x Month In-House $ XXXX $ XXXX

Additional Pickups as needed up to 3 per month at $XXXX for Dockside and 1 per month at $XXXX for In-House per pickup (only billable if

Total Estimated Max (6 months)

$ XX,XXX

Total Contract $ XXX,XXX

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Workforce Innovation and Opportunity Act (WIOA)

The Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR parts 37 and 38.

2. Termination Clause

This Agreement may be terminated by the EDD by giving written notice 30 days prior to the effective date of such termination.

3. Settlement of Disputes

Any dispute concerning a question of fact arising under the term of this Agreement which is not disposed of within a reasonable period of time (ten days) by the Contractor and the EDD employees normally responsible for the administration of this Contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution.

4. Force Majeure

Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows:

Acts of war and acts of god such as earthquakes, floods and other natural disasters such that performance is impossible.

5. Inspection of Services

All services shall be subject to inspection by the EDD Representative at any and all times during the performance thereof and at the completion of the work. If the EDD Representative determines that the services or materials furnished are not in accordance with the terms and conditions described herein, the EDD Representative may at his/her option have the work performed by others charging the Contractor with any cost occasioned thereby.

6. Liability of Contractor

All work performed under this Agreement shall be at the risk of the Contractor until fully accepted by the EDD Representative. Until final acceptance of the work, the Contractor shall have the charge, care, and sole responsibility of the work, and shall bear the risk of injury or damage to any part thereof by the action of the elements or any cause whether arising from execution or non-execution of the work. The Contractor shall bear all expense to restore damages occasioned by any of the above actions resulting from the injuries or damages sustained or arising from the construction of this work or the consequences thereof. The EDD may retain so much of the money due the Contractor as shall be considered necessary until final disposition has been made of such suits or claims to protect persons and property from injury or damage, and shall be responsible for any injury or damage incurred. The EDD assumes no liability for the Contractor's equipment or material.

EXHIBIT D

7. Acceptance of Work

No payment shall become due until final inspection and acceptance is made by the EDD.

If required, the Contractor shall furnish to the EDD an affidavit showing full payment has been made by the Contractor for all labor and materials required by this Agreement.

8. Guarantees

Unless previously agreed upon a “PER TASK/WORK ORDER” basis or in specific guarantees required elsewhere in this Agreement, the Contractor shall warranty the work in general for one (1) year from the date of acceptance.

9. Correction of Work

Prior to final payment, work that does not comply with the requirements of the Agreement, either specified in writing, or by oral agreement, must be promptly replaced by the Contractor at his/her own expense with work that does comply. In making such replacement, the Contractor shall bear all expenses involved in making good all damages or destruction caused to the work of other contractors.

10. Insurance Requirements

The Contractor agrees the insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time during the term of this Agreement, the Contractor agrees to provide at least 30 days prior to said expiration date, a new…