QR_24C725003_JANITORIAL_SERVICES_-_SB_OPTION.pdf

State of California Department of California Highway Patrol

Quote Request (QR)

QR #24C725003

EVENT DATE TIME

Issue/ Released Date December 26, 2024

Mandatory Walk-Through January 9, 2025 11:00 A.M.

Question Deadline January 13, 2025 04:00 P.M.

QUOTES DUE (via email) (See below text in red) January 17, 2025 04:00 P.M.

SERVICES SHALL BE PROVIDED AT:

Hollister – Gilroy Area Office 740 Renz Lane Gilroy, CA 95020

BIDDER INSTRUCTIONS

BIDDER

NAME PROSPECTIVE VENDORS Email the completed signed QR forms, certifications and/or qualifications, on or before the date and time specified above to sridharan.krishnamurthy@chp.ca.gov

The Department of California Highway Patrol (CHP) is soliciting quotes from Certified Small Business Vendors to provide JANITORIAL SERVICES at the CHP HOLLISTER-GILROY AREA OFFICE as specified in Exhibit A, Scope of Work (SOW).

The resulting contract agreement will be written for a term of twelve (12) months with an option to extend for an additional twelve (12) months by the state at the custodian rates and blended benefits required by the California Department of Human Resources. Included in this QR package are:

The following is included in this Quote Request and must be submitted with your quote. Vendors who fail to submit all the requested documents, will be deemed non-responsive and their quote will be rejected.

1. Attachments 1 through 8 – Required to Return o Attachment 1: Attachment Checklist o Attachment 2: Quote Request Form o Attachment 3-8: Additional Required Forms to be submitted with Attachment 1 and 2

2. Proposed Agreement and Exhibits (A-E) – See Proposed Exhibit A for Scope of Work o Exhibit C, General Terms and Conditions is incorporated by reference and is available on the Internet at http://www.dgs.ca.gov/ols/Resources.

ANTICIPATED AGREEMENT TERM: 02/01/2025 or upon approval, whichever is later, through 01/31/2026.

LICENSE REQUIREMENT: Local County or City Business License

MANDATORY WALK-THROUGH

• Date: January 9, 2025 (Thursday)

• Time: 11:00 A.M.

• Location/Check in with: CHP Hollister-Gilroy Area Office, 740 Renz Lane, Gilroy, CA 95020.

• Vendors MUST attend bid walk and SIGN IN

There are NO DVBE Requirements or Incentives for this Quote Request.

VENDOR QUESTIONS: MUST be submitted in writing VIA EMAIL to Sri Krishnamurthy, Contract Analyst, at sridharan.krishnamurthy@chp.ca.gov Answers to questions will be provided via Addendum.

This acquisition shall be awarded pursuant to Government Code Section 14838.5 for contract that has an estimated value of greater than five thousand dollars ($5,000), but less than two hundred fifty thousand dollars ($250,000) to State of California certified Small Business/ disabled veteran business enterprise.

In accordance with the California Government Code and Americans with Disabilities Act (ADA) requirements, this QR can be made available in a text-only format on a compact disc as a disability-related reasonable accommodation. Contact the contract analyst below, if reasonable accommodations are needed.

Contact: Sri Krishnamurthy, Contract Analyst Email: sridharan.krishnamurthy@chp.ca.gov

Phone: (916) 843-4318 mailto:sridharan.krishnamurthy@chp.ca.gov http://www.dgs.ca.gov/ols/Resources mailto:sridharan.krishnamurthy@chp.ca.gov

QR #24C725003 Page 2 of 2

THIS IS A QUOTE REQUEST: Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a quote. No verbal information will be binding upon the State unless the State issues such information in writing.

The State reserves the right to amend the resulting agreement. Increases in cost must be included with the original quote.

INSTRUCTIONS AND REQUIREMENTS

1. Quantities listed on Quote Request Form are the State’s estimates only and are offered as a basis for comparison of quotes. The State does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to omit portions of the work as may be deemed necessary or advisable by the State.

2. Bidder certifications and/or qualifications and/or licensing requirements (if any) are specified in Exhibit A Scope of Work contained within the Proposed Agreement. The bidder shall provide verification as specified upon submitting a quote and comply with all requirements.

3. In the case of a discrepancy between the Unit Price (e.g., Hourly Rate, Cost per Service) and Item Total (e.g., Hourly Rate x Hours Worked = Item Total), the Unit Price shall prevail. However, if the Unit Price figure is ambiguous, illegible, uncertain, or is omitted, the Item Total shall be divided by the estimated usage (e.g., Hours Worked) to determine the Unit Price. In the case of a discrepancy between the Basis of Award and the sum of the Item Totals, the sum of the Item Totals shall prevail.

4. The total amount of the quote will be rounded up to the nearest whole dollar when the Agreement documents are prepared.

5. By virtue of submitting a quote, the contractor signing is accepting all terms and conditions expressed herein.

Quotation responses that reference a supplier’s own terms and conditions or provisions will be considered non-responsive, and the quote will be rejected. The state assumes no responsibility if a quote was not received timely or correctly.

6. The State is not required to award an agreement and reserves the right to reject all quotes.

7. In the event of a tie quote, the CHP reserves the right to determine the bidder based on the percent of discount specified on Quote Request Form, if applicable. If not applicable or if there is a tie discount, a witnessed coin toss or lot drawing will be used to determine the bidder entitled to the award.

8. Award will be made to the lowest responsible bidder. For the purposes of this solicitation, award will be made on the basis of “All or None”.

9. Only quotes supplied on the State’s own quotation forms and signed by an authorized representative will be considered.

10. The successful bidder will enter into an agreement with the State, which will be prepared on a Standard Agreement (STD 213) form, which includes Exhibits A, B, C, D, and E.

11. After award, two (2) original STD 213 forms will be sent to the contractor for signature. Upon receipt, the contractor will sign each STD 213 with an original signature and return with any required supporting documentation specified.

In the event the State has not received the signed agreement and the required documents within the specified timeframe, the award may be rescinded and awarded to the next lowest responsible bidder.

12. Agreements are not valid unless and until approved by the Department of General Services (DGS), or, under its authority, the CHP. The State has no legal obligation unless and until the agreement is approved. Any work commenced by the contractor prior to agreement approval may be considered voluntary and the contractor may have to pursue claim for payment by filing with the California Victim Compensation and Government Claims Board. When the agreement is approved by the State, a “fully executed” copy will be forwarded to the awarded contractor.

13. Should the awarded contractor fail to commence work at the agreed upon date and time, the State, upon five (5) days written notice to the contractor, reserves the right to terminate the agreement and award to the next lowest responsible bidder, if applicable.

Attachment 1

Required Attachment/Certification Checklist

Quote Content. I have completed and returned the following Attachments: Confirmed by CHP

Yes Attachment 1, Required Attachment/Certification Checklist Yes

No Yes

Attachment 2, Quote Request Form Yes No

Yes Attachment 3, Client References Yes

No Yes

Attachment 4, CCC 04/2017 – Contractor Certification Clauses Yes No

Yes

Attachment 5, Darfur Contracting Act (If option 2 was selected, a copy of the written permission from DGS is attached.)

Yes No

Yes Attachment 6, Std. 204, Payee Data Record Yes

No Yes

Attachment 6A, Std. 205, Payee Data Record Supplement Yes No

Yes Attachment 7, CHP 78V, Conflict of Interest & Confidentiality Statement - Vendor Yes

No Yes

Attachment 8, STD 1000, Generative Artificial Intelligence (GenAI) Disclosure Yes No

Required Documentation. Enclosed with the quote is the following required documentation. Confirmed by CHP

Yes N/A

(California Businesses) Copy of a current business license issued by the government jurisdiction in which the business is located, unless no license is required. Attach an explanation if a license copy cannot be supplied or there is reason to believe no license is required.

[Check “N/A” if not a California business or no business license is required.]

Yes No

Yes N/A

Copy of a current Contractor’s license issued by the Department of Consumer Affairs, Contractors State License Board, Class # (as stipulated in the Scope of Work).

Yes No

Yes N/A

(Corporations) Either a copy of the Certificate of Status issued by California’s Office of the Secretary of State or a copy of the vendor’s active on-line status information downloaded from the California Business Portal website.

Attach an explanation if the required documentation cannot be supplied. [Check “N/A” if not a Corporation.]

Yes

Yes

Copy/Printout of Contractor’s and Subcontractor(s’) Department of Industrial Relations (DIR) Registration (http://www.dir.ca.gov/Public-Works/Contractor-Registration.html *Note Contractor and its subcontractor(s) listed on the quote form must be registered with the DIR prior to submitting a quote.

Yes No

Yes N/A

(Nonprofit Organizations) A copy of a current IRS determination letter indicating nonprofit or 501 (3) (c) tax exempt status. [Check “N/A” if not a nonprofit organization.]

Yes

Name of Vendor Firm:

Signature

Printed Name/Title:

Date:

http://www.dir.ca.gov/Public-Works/Contractor-Registration.html

Attachment 2

QUOTE REQUEST FORM

Name of Bidding Firm (Legal name as it will appear on the Agreement)

Mailing address City State Zip Code

Telephone number Fax number Email address (If applicable)

Name of Contact Person Telephone number (If different from above)

Submitted hereon is the Bid rate for Janitorial Services, per the specifications of this IFB. Bidder shall provide the price(s)/rate(s) in clear, legible figures in the space provided. Failure to provide the required price(s)/rate(s) shall be cause for rejection of your Bid. Any modification to this Bid Form shall render your Bid non-responsive.

Note: Subsequent Agreement will be written for a term of twelve (12) months, with a one (1) year option to extend. In the event CHP elects to extend the Agreement for the optional year, an Amendment shall be executed utilizing existing price(s)/rate(s) currently proposed on this Bid Form.

Contractor proposes and agrees to furnish all labor, tools, materials, equipment, and supervision; pay all taxes, insurance, bonds, license and permit fees, travel costs, fingerprint-based state and federal criminal record check fees/costs (If applicable), and other costs incidental to the work to be performed in accordance with Exhibit A, Scope of Work identified at the cost(s) below.

1. X 60 X = $ Hourly Rate*

($15.37 minimum Janitorial Rate)

Number of Hours per Month per Janitor

Number of Janitors

TOTAL LABOR

PER MONTH

2. $14.39 X 60 X = $ Blended Benefit Rate* Number of Hours per Month per Janitor

Number of Janitors

TOTAL BENEFIT

3. Total Monthly Miscellaneous Expenses** ……………………………………............. $

4. Total Monthly Cost (Total of Items 1, 2, & 3) ……………………………………......... $ (Basis for Award)

Bidding Preferences Claimed (Check only the preferences claimed)

Certified small business or micro business preference Certification #___________ Non-small business subcontractor preference (See ATTACHMENT 3) Certification # ___________

FOR ANY CERTIFICATIONS CLAIMED A COPY OF THE OSDS CERTIFICATION LETTER MUST ACCOMPANY BID.

Attachment 2

Bidder Acknowledgment/Certification The bidder further certifies that the requirements of GC Section 19134 relative to employee benefits will be met by providing:

Check one: _____ Employee Benefits to Covered Employees _____ Cash Payments to Covered Employees _____ Combination of Employee Benefits and Cash Payments to Covered Employees

*These price(s)/rate(s) are subject to change during the term of the Agreement. Should these State price(s)/rate(s) change during the term of the Agreement, the Agreement will be amended accordingly, retroactive to the date of the price(s)/rate(s) change.

**Includes the cost of all equipment (including brooms, buffers, mops, etc.), transportation, materials, supplies (including cleaning/chemical agents, paper products including 2-ply toilet paper, trash can liners, consumables, etc.), operating expenses, annual inflation cost/rate adjustments, profit margin, and other items required to perform all work for Janitorial Services as per attached Scope of Work.

Bidder Acknowledgment/Certification

The bidder hereby certifies that the materials submitted in response to this Bid request and the price(s)/rate(s) offered on this Bid Form are true and accurate to the best of the bidder's knowledge.

The bidder understands that its Bid response will become a public document and will be open to public inspection.

The bidder agrees that the price(s)/rate(s) offered herein shall remain in effect until CHP awards the Agreement and throughout the duration of the Agreement. Any cost over-runs or increases in services, if allowed, shall be billed at the price(s)/rate(s) stated for the appropriate budget period. Agreement extensions, if any, shall be billed at the price(s)/rate(s) stated for the last budget period/year if more than one budget period/year is shown.

The bidder understands that the above Bid price(s)/rate(s) must include all of the bidder’s costs, including operating expenses, labor, service call charges, diagnostic fees/estimates, transportation/travel costs, mileage or per diem expenses, equipment costs, supplies, annual inflation costs/rate adjustments, profit margin, etc. By submitting this Bid Form, the bidder hereby claims its willingness to certify to and comply with all requirements and terms and conditions cited in this Bid and any attachment thereto.

The bidder further certifies that representations made in the Bid with regard to the Contractor’s license number, class and license expiration date are true. Any Bid not containing this information or a Bid containing information which is subsequently proven false shall be considered non-responsive and shall be rejected. A requirement of the Award of this Agreement shall be the presentation of a legible copy of the Contractor’s pocket license, which will be valid for the type of work to be performed under this Agreement and shall be in force at the time of Award through the term of the Agreement.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the requirements of this Bid document. This certification is made under the laws of the State of California.

BIDDER’S SIGNATURE DATE SIGNED

PRINTED/TYPED NAME TITLE

DIR REGISTRATION NUMBER

Attachment 3

Client References

List three (3) clients served in the past five (5) years for which the vendor’s firm provided similar services. List the most recent first. In addition to the references listed, CHP may check with CHP offices previously or currently serviced by your company.

REFERENCE 1

Name of Firm

Street address City State Zip Code

Contact Person Telephone number Dates of service Value or cost of service

Brief description of service provided

REFERENCE 2

Name of Firm

Street address City State Zip Code

Contact Person Telephone number

REFERENCE 3

Name of Firm

Street address City State Zip Code

Contact Person Telephone number

If three references cannot be provided, explain why:

Attachment 4

CCC 04/2017 – CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Vendor Firm Name (Printed) Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace

Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court which orders Contractor to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

NOTE: This form represents only the certification portion of the Contractor Certification Clauses (CCC). Additional information about contracting with the State appears in the full text of the applicable CCC. Visit this web site to view the entire document:

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

Attachment 5

Attachment 6

Attachment 6

Attachment 6A

Attachment 6A

Attachment 7

Attachment 8

PROPOSED

2. The term of this Agreement is:

and TBD Upon Award Agreement #24C725003

EXHIBIT A

(Standard Agreement)

SCOPE OF WORK

1. Contractor agrees to provide to the Department of California Highway Patrol (CHP) Hollister

- Gilroy Area office, the services described herein: furnish all labor, personnel, and supervision; pay all taxes, insurance, bonds, license and permit fees, and all other direct and indirect costs necessary to provide Janitorial Services three (3) days per week in accordance with the terms set forth in this Agreement.

A. License Requirement: Valid business license

B. Contractor shall provide a Certificate of Insurance in accordance with the Insurance

Requirements found in this Agreement (Exhibit E).

2. The services shall be performed at:

California Highway Patrol

Hollister-Gilroy Area Office 740 Renz Lane Gilroy, CA 95020

3. The services shall be provided during normal working hours (Monday through Friday from

8:00 a.m. to 5:00 p.m.). Contractor shall check-in/check-out with the CHP On-Site Contact person or designee upon each service call to provide verification that service has been provided. Unless otherwise stated, offices will be closed on state observed holidays. If there are any discrepancies on invoices concerning hours worked, the CHP will refer to the sign-in sheet to confirm actual hours at the facility.

4. The project representatives during the term of this agreement will be:

STATE AGENCY

CONTRACTOR

TBD

NAME

Jason Birmingham, Sergeant

TELEPHONE NUMBER

(408) 427-0700

EMAIL

jbirmingham@chp.ca.gov

Direct all inquiries to:

STATE AGENCY

CONTRACTOR

TBD

SECTION/UNIT

Contracts Services Unit

SECTION/UNIT

ATTENTION

Sri Krishnamurthy, Contract Analyst

ADDRESS

601 North 7th Street, Sacramento, CA 95811

ADDRESS

(916) 843-4318

(818) 292-2460

FAX NUMBER

Sridharan.krishnamurthy@chp.ca.gov mailto:jbirmingham@chp.ca.gov mailto:Sridharan.krishnamurthy@chp.ca.gov and TBD Upon Award

5. DETAILED DESCRIPTION OF WORK TO BE PERFORMED

Contractor is required to include the cost of all labor, equipment (including brooms, buffers, mops, etc.), transportation, materials, supplies (including cleaning/chemical agents, all paper products including 2-ply toilet paper, trash can liners, consumables, etc.), operating expenses, annual inflation cost/rate adjustments, profit margin, and other items required to perform all work for Janitorial Services as per the following Scope of Work.

Areas include but are not limited to general offices, private offices, briefing rooms, and locker rooms.

A. FLOORS

1. CARPET

Vacuum carpeted areas ....................................................................................... 3/Weekly Spot clean carpets ............................................................................................. As needed Dry clean carpets ......................................................................................... Semi-Annually

2. TILE/VINYL FLOOR MAINTENANCE

Dust mop, remove, stains, damp mop and buff all areas ..................................... 3/Weekly Strip, wax, and buff .............................................................................................. Quarterly

B. GARBAGE

Empty all waste baskets and dispose of garbage away from premises ..................... 3/Weekly Wash waste baskets ................................................................................................ As needed

C. VENETIAN BLINDS

Dust .......................................................................................................................... As needed

D. WALLS

Spot clean .................................................................................................................. 3/Weekly Dust .......................................................................................................................... As needed

E. WINDOWS

Clean outside ............................................................................................................. Quarterly Clean Inside ................................................................................................................. Monthly

F. WOODWORK, FURNITURE, LEDGES, DOORS, TRIM, WINDOWSILLS AND COUNTERS

Dust .......................................................................................................................... As needed Clean ........................................................................................................................ As needed

G. MISCELLANEOUS JOBS

1. DRINKING FOUNTAIN

Clean and fill cup dispenser ................................................................................. 3/Weekly

2. EMPLOYEE BREAKROOM

Clean sink and counter ........................................................................................ 3/Weekly and TBD Upon Award

3. JANITOR ROOM, TOOLS, AND EQUIPMENT

Dust and clean ................................................................................................... As needed

4. LIGHTS

Replace globes and tubes .................................................................................. As needed Clean fluorescent light covers ................................................................................ 2/Yearly

5. PARKING LOT

Pick up trash ...................................................................................................... As needed

6. EXTERIOR STEPS AND SIDEWALKS

Sweep ................................................................................................................ As needed

7. VENTILATOR GRILLS AND DUCTS

Clean .................................................................................................................. As needed

8. REST ROOMS FLOORS

Sweep, remove stains, and damp mop ................................................................ 3/Weekly Machine scrub .................................................................................................... As needed

9. MIRRORS

Clean .................................................................................................................... 3/Weekly

10. PLUMBING FIXTURES

Clean and check for repairs ........................................................................... 3/Weekly

11. SHOWER

Scrub and clean .................................................................................................. 3/Weekly

12. STALLS AND DOORS

Clean and dust ..................................................................................................... 3/Weekly

13. SUPPLY DISPENSERS

Clean, check, and fill ............................................................................................ 3/Weekly

14. TOILET BOWLS/URINALS

Clean ................................................................................................................... 3/Weekly

15. WAINSCOT

Clean and dust .................................................................................................... 3./Weekly

16. WASH BASIN, SOAP DISPENSERS, AND PAPER HOLDERS

Clean .................................................................................................................... 3/Weekly

17. WASTE CONTAINERS

Empty and clean .................................................................................................. 3/Weekly and TBD Upon Award Agreement #24C725003

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the state agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein and on Exhibit B-1, Cost Sheet, which is attached hereto and made a part of this Agreement.

B. Invoices shall include the Agreement Number and shall be submitted in duplicate with a completed CHP 78E, Contracts Benefits Summary (Attachment 1) not more frequently than monthly in arrears to the following mailing address:

Area Commander or Designee California Highway Patrol

Hollister-Gilroy Area Office 740 Renz Lane Gilroy, CA 95020

2. BUDGET CONTINGENCY CLAUSE

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

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

3. PROMPT PAYMENT CLAUSE

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

4. EMPLOYEE BENEFITS AND WAGE REPORTING REQUIREMENTS

Effective July 1, 2003, Government Code Section 19134 was amended, to require contracts for janitorial, housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guards (“covered services”) to include provisions for employee wages to be no less than 85% of the value of wages and benefits provided to state employees for performing similar duties. Contractor must pay no less than the following:

• Hourly Rate: $TBD

• Blended Benefit Rate: $14.39 and TBD Upon Award Agreement #24C725003

“Employee benefits” means either 1) health, dental, vision, holiday pay, vacation, and retirement (either through a purchased plan or self-insurance); 2) cash-in-lieu payments; or

3) a combination of actual benefits and cash-in-lieu payments.

A. Contractors must indicate on Exhibit B-1, whether they will be providing the required benefits either through a purchase plan, or by self-insurance or making “in-lieu” payments to employees. Contractors choosing to offer employee benefits must provide evidence of coverage prior to commencement of work.

B. Contractor can meet the “Employee Benefits” and 85% wage requirement by:

(1) Providing “Employee Benefits” and wages costing not less than 85% of the State cost for employees doing similar work, OR

(2) Cash payment in lieu of providing benefits, in an amount not less than 85% of the State of California’s cost for employees doing similar work, OR

(3) A combination of Employee Benefits for a State of California employee performing similar work, in addition to at least 85% of state wages.

C. In order to receive any payment, the Contractor must provide proof of employee wages and benefits monthly, by completing the CHP 78E, Contracts Benefits Summary marked Attachment 1.

D. Qualifying Contracts and documents relating to implementing Government Code 19134 may be audited by the contracting state agency, the Department of General Services, and the California State Auditor.

E. Government Code 19134(e) provides that failure to provide Employee Benefits or Cash Payments to employees constitutes a “material breach” for any contract for personal services covered by that section. A breach can result in immediate contract termination by the state.

Effective March 17, 2004, Government Code 19134 was amended to exclude employee wages and benefits provision for personal services contracts performed by employees of nonprofit organizations that are employed in accordance with any of the following:

(1) A special license issued pursuant to Section 1191.5 of the Labor Code.

(2) A special certificate issued pursuant to Section 214 of Title 29 of the

United States Code.

(3) A community rehabilitation plan described in Sections 19152 and 19404 of the Welfare and Institutions Code.

(4) A rehabilitation services program as described in Section 19352 and 19356.6 of the

Welfare and Institutions Code.

and TBD Upon Award Agreement #24C725003

Every employee performing “covered services” under this Agreement shall receive the applicable rate corresponding to the total number of hours each employee works (excluding overtime). There is no minimum number of work hours required in order to qualify for GC Section 19134 benefits. Only employees performing “covered services” shall receive such benefits; administrative, solely supervisory, or other support personnel are not covered.

Should the California Department of Human Resources (CalHR) post a rate change during the term of this Agreement, this Agreement shall be amended to reflect the new benefit rate(s) to be paid to Contractor’s covered employees. The amendment shall be retroactive to the date of the rate change is posted by CalHR.

Contractors acknowledges that failure to comply with the provisions of GC Section 19134 will be deemed a material breach of this Agreement, which could subject the Agreement to immediate termination at the State’s sole option.

5. RATE SCHEDULE

A. The CHP agrees to pay Contractor, in arrears, in accordance with the rates specified in Exhibit B-1, Cost Sheet, for Janitorial Services provided at the CHP Hollister-Gilroy Area Office.

B. This Agreement may be amended with mutual consent of the of the parties hereto for an additional year of service at the same rates and to add funds.

C. If applicable, recycling amount collected shall be deducted from the invoice and any and all manifests received from recycler shall accompany the related invoice(s).

and TBD Upon Award Agreement #24C725003

EXHIBIT B-1

COST SHEET

Contractor proposes and agrees to furnish all labor, tools, materials, equipment, and supervision; pay all taxes, insurance, bonds, license and permit fees, travel costs, fingerprint-based state and federal criminal record check fees/costs (If applicable), and other costs incidental to the work to be performed in accordance with Exhibit A, Scope of Work identified at the cost(s) below.

Agreement is written for twelve (12) months, with an option to extend for an additional twelve (12) months. Should the State exercise this option, Rates will remain unchanged, except for required Amendments of revised Blended Benefit Rates and/or Minimum Janitorial Hourly Rates.

1. $TBD X 60 X = $

Hourly Rate*

($15.37 minimum Janitorial Rate)

Number of Hours per month per Janitor

Number of Janitors

TOTAL LABOR

2. $14.39 X 60 X = $ Blended Benefit Rate* Number of Hours per month per Janitor

Number of Janitors

TOTAL BENEFIT

3. Total Monthly Miscellaneous Expenses** ……………………………………. $

4. Total Monthly Cost (Total of Items 1, 2, & 3) ………………………………… $ (Basis for Award)

The bidder further certifies that the requirements of GC Section 19134 relative to Employee Benefits will be met by providing:

Check one: _____ Employee Benefits to Covered Employees _____ Cash Payments to Covered Employees _____ Combination of Employee Benefits and Cash Payments to Covered Employees

*These rates are subject to change during the term of the Agreement. Should these State rates change during the term of the Agreement, the Agreement will be amended accordingly, retroactive to the date of the rate change.

**Includes the cost of all equipment (including brooms, buffers, mops, etc.), transportation, materials, supplies (including cleaning/chemical agents, paper products including 2-ply toilet paper, trash can liners, consumables, etc.), operating expenses, annual inflation cost/rate adjustments, profit margin, and other items required to perform all work for janitorial services as per attached Scope of Work.

and TBD Upon Award Agreement #24C725003

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. APPLICABLE LAWS AND REGULATIONS

A. GENERAL

The Contractor shall be informed of and comply with all Federal and State statutes, rules, and regulations applicable to the contract and to those engaged or employed through the contract. The Contractor shall hold the State, its officers, agents, and employees harmless and indemnify and defend the State for any claims for damages arising out of occurrences, accidents, or misuse by the Contractor or subcontractors.

If a conflict arises between the provisions of the scope of work and any such statute, rule or regulation, the Contractor shall notify the State at once in writing. If, before receiving clarification, the Contractor performs any portion of the work affected by the conflict, any performance shall be at the Contractor's own risk, and he/she shall not be entitled to any additional compensation.

The Contractor shall be liable for damage to any person or property resulting from defects in the work or, obstructions throughout the term of the contract or at any time before acceptance of the completed work.

Neither the State nor the Contractor is subject to municipal, county or district statutes, rules or regulations pertaining to building permits or regulating the design or construction of buildings on State property.

B. 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. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, 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 termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.

C. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) TECHNOLOGY USE &

REPORTING

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State and TBD Upon Award Agreement #24C725003 of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

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

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

D. EXPATRIATE CORPORATIONS

Pursuant to California Public Contract Code section 10286.1, a State agency shall not enter into any contract with an expatriate corporation or its subsidiaries.

E. PERMITS AND CERTIFICATIONS FROM STATE BOARD OF EQUALIZATION

This solicitation and any resulting contract shall be subject to all requirements as set forth in Sections 6487, 7101 and sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and section 10295.1 of the Public Contract Code requiring suppliers to provide a copy of their reseller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization.

Failure of the supplier to comply by supplying the required permit or certification will cause the supplier’s bid response to be considered non-responsive and their bid rejected. Unless otherwise specified in this solicitation, a copy of the reseller’s permit or certification of registration must be supplied within five (5) State business days of the request made by the State.

2. DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION

Pursuant to California Labor Code Sections 1420 through 1434 - Property Services Workers Protection Act requires all janitorial employers with one or more employees who provide janitorial services must register with the Labor Commissioner by July 1, 2018. For more information visit the Department of Industrial Relations website at:

https://www.dir.ca.gov/dlse/Janitorial_Providers_Contractors.html.

https://www.dir.ca.gov/dlse/Janitorial_Providers_Contractors.html and TBD Upon Award Agreement #24C725003

3. CONTRACTOR’S WAIVER

Neither the State nor any of its officers or employees shall be liable for: loss or damage to the

Contractor’s work or any part thereof or to any of the materials used in performing the work;

injury to any person(s), either workers or the public and for damage to property due to the Contractor’s intentional or negligent acts that might have been prevented by the Contractor or anyone employed by him/her. In addition to any remedy authorized by law, any money due the Contractor under the contract may be retained by the State until final disposition of the lawsuit, legal action(s) or claims. This provision shall not be construed as precluding the State from enforcing any right to offset any current contract the Contractor may have with the State as to any money owed to the State.

4. TERMINATION OF CONTRACTOR'S CONTROL

Failure to supply an adequate working force, material of proper quality, or failure in any other respect to prosecute the work with the diligence and force specified in the Agreement, are grounds for termination of Contractor's control over the work. The CHP will take over the work as provided in the State Contract Act.

5. CONTRACT APPROVALS AND COMMENCEMENT OF WORK

Contracts are not valid unless and until approved by California Department of General

Services, if such approval is required by law. The Contractor is not to commence or proceed with any work in advance of receiving notice that the contract has been approved. Any work performed by the Contractor in advance of the date of approval by the Department of General Services shall be deemed volunteer work and will not be reimbursed by the State.

6. PERSONNEL

Competent trained personnel are to be used. Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises to provide services under this Agreement. The new personnel will be introduced to CHP Project Representative prior to beginning work and will submit their information for security clearance. In addition, Contractor must recover and return any State-issued identification card provided to Contractor’s employee(s) upon their departure or termination.

7. SUBCONTRACTOR/CONSULTANT INFORMATION

Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement via the subcontractors List form provided in the bid documents. Contractor and all subcontractors must be licensed for the scope of work performed under this Agreement.

A. All persons including subcontractors, engaged in work to fulfill this Agreement will be considered as employees of the Contractor. Contractor shall give personal attention to and TBD Upon Award Agreement #24C725003 fulfillment of this Agreement and shall maintain control over the work provided. Should any subcontractor fail to complete a portion of the work in a manner satisfactory to CHP, Contractor shall correct the defective work and/or materials at no additional expense to the

CHP.

B. CHP shall not entertain requests to arbitrate disputes among subcontractors or between Contractor and subcontractors concerning responsibility of performing any part of the work.

Contractor is responsible for all work performed under this Agreement.

C. CHP assumes no responsibility for the payment of subcontractors. Contractor accepts sole responsibility for the payment of subcontractors used in the performance of work relating to this Agreement.

D. Contractor shall ensure that all subcontracts for services include provisions requiring compliance with applicable terms and conditions specified in this Agreement and all exhibits incorporated by reference.

E. Additionally, the Contractor shall notify the Department of California Highway Patrol, Business Services Section, Contract Services Unit, in writing, within ten (10) working days, of any changes to the subcontractor and/or consultant information.

8. BUILDING SECURITY REQUIREMENTS

All personnel who are assigned to the contract will be subject to a driver license and fingerprint check through the California Criminal History Information System and/or Federal Bureau of Investigation, as needed, before access to a CHP facility is authorized. The Area commander shall be provided with the names of personnel who will be working in the State building or grounds.

If changes in personnel are required, prior written notification of said changes must be made to the Area commander. Upon the initial driver license check returning clear and the receipt of a fully approved contract, services may commence. An adverse finding under the fingerprint check, may at the sole discretion of CHP, result in a requirement for personnel replacement or cancellation of the contract.

If the Area commander receives an unsuitable report on Contractor or employee after processing security clearance; or if it is found that Contractor or employee is unsuitable or unfit for the assigned duties, Contractor shall be advised immediately that this individual cannot continue to work or be assigned to work under the Agreement.

The CHP shall have and exercise full and complete control over granting, denying, withholding or terminating clearance for Contractor, including employees. The CHP may, as it deems appropriate, authorize, and grant temporary clearance to Contractor and employees. However, the granting of temporary clearance shall not be considered as assurance that full clearance will follow as a result or condition thereof and the granting of either temporary or full clearance and TBD Upon Award Agreement #24C725003 shall in no way bar, preclude, or prevent the termination or withdrawal of any such clearance by the CHP.

9. CONTRACTOR FACILITY CHECK-IN

Contractor must sign in and out with the CHP Division Analyst or his/her designee to indicate the start and end of each day's task. If sign in and out is not done, the invoice may be disputed due to the hours of Contractor being on site not being documented.

10. CONDUCT OF WORK AND PERSONNEL

A. Contractor shall be responsible for maintaining satisfactory standards of employee appearance, competency, conduct, and integrity. All service personnel should wear shirts with their company logo clear and visible. No torn clothing will be allowed on site. All personnel assigned to the Area office shall be alcohol and drug free. Contractor shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Contractor is also responsible for ensuring that employees do not disturb papers on desks, open cabinets, or desk drawers, or use State telephones except as authorized.

B. No firearms, narcotics, drugs, intoxicants, or other restricted materials shall be allowed on the premises.

11. LIABILITY FOR NONCONFORMING WORK

The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor’s deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CHP, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CHP for any additional expenses incurred to cure such defects.

Contractor shall be liable for any damages by Contractor or his employees to portions of buildings, premises, equipment, furniture, material, or other CHP property. Damage resulting from the services provided will be repaired or items will be replaced by Contractor to the satisfaction of CHP at no expense to CHP. Any items lost or stolen while in Contractor’s custody will be replaced by Contractor at no expense to CHP.

12. CONTRACT VIOLATIONS

The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425.

and TBD Upon Award Agreement #24C725003

13. CONTRACT SUSPENSION

Notwithstanding any other provisions of this Agreement, pursuant to a Governor’s Executive

Order or equivalent directive, such as a court order or an order from a Federal or State regulatory agency, mandating the suspension of State contracts, the State may issue a Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all performance under the Agreement(s) must stop immediately upon receipt of the Notice. During the period of contract suspension, Contractor is not entitled to any payment for the suspended work. Once the order suspending State contracts has been lifted, a formal letter from the Department will be issued to the Contractor to resume work.

14. CANCELLATION

A. CHP reserves the right to cancel this Agreement without cause, upon thirty (30) calendar days advance written notice to the Contractor.

B. CHP may, at its option, immediately cancel the Agreement if any emergency arises which causes the closure of the facility.

C. CHP reserves the right to cancel or terminate this Agreement immediately for cause. The term "for cause" shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of this Agreement.

D. Agreement cancellation/termination shall be effective as of the date indicated in notification from CHP to the Contractor. The notice shall stipulate any final performance, invoicing or payment requirements.

E. In the event of early cancellation/termination, Contractor shall be entitled to compensation for services performed satisfactorily under this Agreement and expenses incurred up to the date of cancellation in support of this Agreement.

15. CONFIDENTIALITY OF DATA

All financial, statistical, personal, technical and other data and information relating to State’s operation,…