RFI_P2520003_Attachment_I_Draft_Scope_of_Work.pdf

California Department of Fish and Wildlife Agreement Number: P2520003 Attachment 1 – Draft Scope of Work Contractor: To Be Determined

(Version 05/2024)

Introduction of Services

The Contractor agrees to provide to the California Department of Fish and Wildlife (CDFW) waste collection and disposal services on CDFW-owned properties in accordance with the specifications, terms, and conditions contained herein.

1) Location of Services

The services will be performed on various CDFW-owned properties in the counties of:

• Sutter County

• Sacramento County

• El Dorado County

• Yuba County

• San Joaquin County

• Calaveras County

• Alpine County

• Lake County

• Colusa County

• Nevada County

• Glenn County

• Butte County

• Sierra County

• Plumas County

• Amador County

• Placer County

• Yolo County

2) Service Schedule

The services will be provided on an as-needed basis between normal business hours, except on holidays. The Contractor will be required to obtain agreement, in writing, from the CDFW Contract Manager for any changes to the service schedule.

Any service requiring overnight stay must be preapproved by the CDFW Contract Manager.

Travel expenses must be billed in accordance with Exhibit I, Travel Reimbursement Information.

3) Project Officials

CDFW Project Officials Contractor Project Officials

Contract Manager Project Director Name: To Be Determined (TBD) Name: TBD Phone: TBD Phone: TBD Email: TBD Email: TBD

Direct all inquiries to: Direct all inquiries to:

CDFW – North Central Region Name: TBD Name: TBD Address: TBD Address: TBD

Phone: TBD Phone: TBD Email: TBD Email: TBD

Either party may make changes to the Project Officials by giving written notice to the other party. Said changes will not require an amendment to this Agreement.

4) Scope of Work

A. Background and Objectives

The California Department of Fish and Wildlife (CDFW) is tasked with excellent stewardship of the lands it holds in trust for the people of California. Like other public lands, CDFW properties are often inundated with trash and other refuse from illegal dumping, unauthorized camping, and other unauthorized activities. This waste may pose a health and safety risk to the public and pollutes the environment CDFW is entrusted to protect.

Stewardship of public lands involves cleanup of these materials, however, CDFW staff are unable to address the scale of the issue without contracted support and do not have the necessary classifications and associated training to safely handle, remove, and dispose of all potential material.

Most scenarios will include encampment cleanups but there may also be cleanups of illegal dumping, and trespass marijuana grows. The overall objective will be to clear all trash and biohazardous waste so that CDFW staff can conduct habitat restoration work.

Accomplishing this task will support CDFW’s mission to manage its lands for their ecological values, their public use, and enjoyment.

B. Work to be Performed – Contractor Responsibilities

1. The Contractor will collect and dispose of waste, including biological waste, from

CDFW properties as directed by the CDFW Contract Manager or designee. This will most often include cleanups of homeless encampments but may also include waste from illegal dumpsites, or trespass marijuana grows. Biological waste is any material that contains, has been contaminated by, or may be contaminated by a biohazardous agent (risk to human health or the environment), and it includes, but it is not limited to, syringes, needles, blood, vomit, urine, and feces. The Contractor will cleanup the sites in accordance with all applicable Federal, State and local regulations and industry standards so that no waste, including biological waste materials, remain on site.

2. Subcontracting is not permitted under this Agreement.

3. The CDFW Contract Manager or designee will complete a Service Request (page one of Exhibit A, Attachment 1) detailing the project location, anticipated service dates, and service description. Within seven (7) business days upon receipt of the service request, the Contractor will visit the project location and provide the CDFW Contract Manager with a Service Request Estimate of project costs (page two [2] of Exhibit A, Attachment 1).

4. Unsheltered occupants and their personal property will be removed from the site prior to services and will not be the responsibility of the Contractor.

5. Immediately upon sighting any weapons or explosive devices, the Contractor must contact the CDFW Contract Manager and the CDFW Law Enforcement Division (LED) site escort. The Contractor must make the report by phone and email, and the report must include a brief description of any such weapon(s) or explosive device(s), the time and date any such weapon(s) or explosive device(s) were discovered, photograph of the weapon(s) or explosive device(s) as found, the full name of the person who discovered any such weapon(s) or explosive device(s), and a brief description of the location of any such weapon(s) or explosive device(s) when discovered. The Contractor must not, under any circumstances, touch, disturb, or move any such weapon(s) or explosive device(s).

6. Immediately upon sighting any hazardous waste (not including biological waste as defined in sections B.1 and D.1), the Contractor must contact the CDFW Contract Manager. If the CDFW Contract Manager is not onsite, the Contractor must make the report by phone and email, and the report must include a brief description of any such hazardous waste and the location it was found. The Contractor must not, under any circumstances, touch, disturb, or move any such hazardous waste.

7. The Contractor will be responsible for arranging lawful disposal of materials and will pay all costs involved. The Contractor will be reimbursed for the cost of disposal of waste materials with no additional markup. Original invoices and receipts from the approved disposal facility must be submitted to the CDFW Contract Manager for reimbursement with each invoice. These disposal receipts must include the date and time of service, amount (i.e. liquid volume, liquid or wet weight, or cubic yards) of waste materials, and the name of the legal disposal facility with the signature of the disposal site's employee receiving the waste materials.

8. If discrepancies or problems occur with the waste materials quantities on the invoices, the CDFW Contract Manager will evaluate the discrepancy and make adjustments to the amount to be paid. If discrepancies are frequent or of a large magnitude, the Agreement may be terminated immediately for cause per Exhibit D, Section 3, “Right to Terminate.”

9. The Contractor will record and report the amount of waste materials collected daily.

The CDFW Contract Manager will make periodic checks of quantities collected and disposed of at county or city landfills. These quantities will be checked against the Contractor's reports and disposal site receipts. Once the Contractor collects materials for disposal, the Contractor will possess ownership of such materials until such materials are lawfully disposed of by the Contractor.

10. The Contractor’s methods will be monitored on an ongoing basis to ensure the most efficient and cost-effective methods and practices are being utilized. The Contractor will furnish a report of expenditures and quantities of waste categorized by the California Environmental Protection Agency (Cal/EPA) waste stream codes per site to the CDFW Contract Manager. All costs associated with providing the report will be included in the rates set forth in Exhibit B.

11. All costs, including bags, associated with collecting, bagging, labeling, transporting, and any other associated activities by the Contractor, will be included in the rates set forth in Exhibit B, Budget Detail and Payment Provisions.

12. The Contractor will be responsible for providing personal protective equipment (PPE) to its employees, which includes, but is not limited to hard hats, vests, gloves, respirators, dusk masks, coveralls/suits, and boots. All costs of PPE for the Contractor’s employees will be included in the rates set forth in Exhibit B.

13. The Contractor will take all the necessary precautions to prevent injury or hazard to the Contractor’s employee(s), CDFW employee(s), invitee(s), and the general public.

The Contractor must conduct its operation in such a manner as to avoid injury or damage to CDFW property or any adjacent property.

14. For crew safety and personal appearance, the Contractor's employees must wear clothing and hand and footwear appropriate for the work being performed. The Contractor's employees will wear personal protective equipment, per California Occupational Safety and Health Administration (Cal/OSHA) requirements in Standards- 29 Code of Federal Regulations (CFR), Standard Number 1910.120, which includes, but is not limited to, a hard hat, ANSI 3 reflective vests, long sleeve shirt, pants, safety glasses, gloves and hearing protection as appropriate, and footwear suitable for the type of field work. There will be no sneakers or other soft footwear worn on the job site. Clothing must be clean and free of tears and holes at the beginning of the shift.

15. The Contractor will avoid causing unreasonable inconvenience to any person(s) doing business on CDFW property. In the event the Contractor's operation creates a condition hazardous to CDFW property, its occupants, or the general public, the

Contractor will post warning signs alerting to any dangerous conditions at the Contractor's own expense and without cost to CDFW.

16. The Contractor must exercise every reasonable precaution to protect streams, lakes, reservoirs, bays, and coastal waters from pollution with fuels, oils, bitumen, calcium chloride, and other harmful materials. The Contractor must conduct and schedule all operations to avoid or minimize muddying and silting of said streams, lakes, reservoirs, bays, and coastal waters. The Contractor must exercise care to preserve roadside vegetation beyond the limits of the work.

17. The Contractor must comply with all applicable Federal, State and local laws and regulations for worker and public safety and will retain responsibility for compliance with guidelines and appropriate regulatory agencies.

18. The Contractor and its employees will be aware that they are working on CDFW property and be courteous and respectful at all times. The Contractor and its employees will refrain from using loud voices, inappropriate language, and will conduct themselves in a professional manner at all times. If the Contractor's employees display any behavior that the CDFW Contract Manager deems inappropriate or offensive, the CDFW Contract Manager will have the right to remove that employee from doing further work on this Agreement.

C. Final Cleanup

1. The Contractor must leave each worksite in a clean and neat condition acceptable to the CDFW Contract Manager. If a worksite is not left in an acceptable condition, the Contractor will be called back to correct the condition and will receive no additional compensation for that call back. If the Contractor fails to clean up the worksite after being called back, CDFW will cause the worksite to be satisfactorily cleaned up and will deduct the full cost of the cleanup services from any monies owed to the Contractor.

2. The Contractor will own and assume all responsibility for litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement. The Contractor must haul away and legally discard any materials or debris caused by its work actions from the job site.

a. The Contractor must comply with and ensure that all employees and agents comply with all requirements of the Department of Transportation (DOT) regulations regarding waste transportation under this contract. Information regarding complete compliance with these regulations must be carried on transport vehicles and maintained at facilities where wastes are received, stored, or handled during transportation.

The Contractor must comply with the California Vehicle Code, California Highway Patrol (CHP), Title 13, California Code of Regulations; the California

Fire Marshal regulations, Title 19, California Code of Regulations; and United States Department of Transportation regulations (49 CFR). The Contractor and subcontractor must comply with the California Health and Safety Code and Title 22, California Code of Regulations administered by the California Department of Toxic Substance Control and any other laws and regulations affecting the work under this contract.

3. In the event that any CDFW property is damaged as a result of the actions of the

Contractor, or its employees, the Contractor must repair, at its sole expense, the damage which has occurred as a direct result of the Contractor, or its employees.

Repair efforts must be performed in a manner in which ensures all warranties are maintained for any products that are damaged. Repair efforts must include the full costs for all required labor and materials.

D. Biological Waste Cleanup Special Provisions

1. The Contractor will be required to collect and legally dispose of biological waste including, but not limited to, used syringes, according to federal, state, and Cal/OSHA laws, rules, and regulations. In addition, the Contractor must have any current license and/or permits that are required for the handling, hauling, and legal disposal of biological waste. The disposal site or treatment facility that biological waste is taken to must be licensed by the Cal/EPA and the Department of Toxic Substances Control, or equivalent state regulatory agency if the waste materials are transported out of state for processing and disposal.

2. In addition to, and not a limitation of, the Contractor’s indemnification obligations contained elsewhere in this Agreement, the Contractor hereby assumes all risks of the consequences of exposure of the Contractor’s employees, agents, or any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. The Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to the Contractor’s employees, agents, or any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. The Contractor also agrees to indemnify and hold harmless CDFW, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, the Contractor also agrees that the provisions of this paragraph will apply regardless of the existence or degree of negligence or fault on the part of CDFW, the State of California, and/or any of their officers, agents, and/or employees.

E. Contractor Equipment

1. The Contractor will provide the necessary equipment to complete the work within the time stipulated in each site visit for debris and waste removal. All equipment must be fully operational and maintained.

2. CDFW will not reimburse the Contractor for the costs of delivery or pickup of rented equipment, or fuel used for delivery or pickup of rented equipment.

3. The Contractor will provide sufficient equipment to containerize, label and manifest biological waste at project sites.

4. Fuel used for rental equipment will be considered included in the cost for equipment as outlined in Exhibit B.

5. The Contractor will provide the necessary equipment required to complete the work including equipment required for removal of biological waste. The equipment cost must not include labor cost in the contract unit price per hour in Exhibit B, and no separate or additional compensation will be paid beyond the contract unit price per hour.

6. The Contractor will supply appropriately sized vehicles for hauling material and any other necessary equipment.

7. The Contractor will use twenty (20)- and/or forty (40)-yard bins for collection of such materials at the request of the CDFW Contract Manager.

8. Bins must have hard retractable covers that operate smoothly and with ease to keep dumpsters covered in accordance with the National Pollutant Discharge Elimination System (NPDES) storm water requirements. Bins will be in good operating condition and suitable for mechanical loading and unloading.

9. The Contractor will not be paid for move-in/move-out on equipment.

10. The Contractor will not be paid per diem or for any bridge tolls.

11. The Contractor will not be paid any additional compensation for specialized equipment.

F. Contractor’s Project Manager Responsibilities

1. The Contractor’s Project Manager will coordinate work-related matters and Contractor's operations under this Agreement.

2. In addition to other responsibilities described in this Agreement, the Contractor’s Project Manager will be responsible for all matters related to Contractor's personnel including, but not limited to, the following:

a. Ensure deliverables meet the criteria established by the Agreement.

b. Supervise, review, monitor, train, and direct Contractor's personnel.

c. Include the CDFW Contract Manager in written communications to other CDFW personnel for any clarification on the scope of work.

d. Assign qualified personnel to complete the required site work, as specified, on an "as-needed" basis in coordination with the CDFW Contract Manager.

e. Administer personnel actions for Contractor personnel.

f. Implement and maintain quality control procedures to manage conflicts and ensure product accuracy.

g. Ensure all applicable safety measures are in place.

h. Review invoices for accuracy and completion before billing to CDFW.

i. Monitor and maintain required Disabled Veteran Business Enterprise (DVBE) participation, if applicable.

j. Ensure the schedules, deliverables, and the deliverables' requirements set forth in the Agreement are satisfied.

k. Ensure compliance with the provisions in this Agreement and all specific Service Request requirements.

G. CDFW Contract Manager Responsibilities

1. The CDFW Contract Manager will coordinate work-related matters and CDFW operations under this Agreement.

2. In addition to other responsibilities described in this Agreement, the CDFW Contract Manager will be responsible for all matters related to this Agreement including, but not limited to, the following:

a. Coordinate and schedule site visits for services with the Contractor.

b. Ensure each site visit is complete and that the site visit request sets forth specific, measurable, attainable, realistic, and time-bound deliverables and requirements.

c. Assign qualified personnel to monitor the required work, as specified, on an "as-needed" basis in coordination with the Contractor’s Project Manager.

d. Review invoices submitted by the Contractor for accuracy.

e. Review the Contractor's monitoring and maintaining of required Disabled Veteran

Business Enterprise (DVBE) participation, if applicable.

f. Monitor the Contractor's efforts to ensure compliance with the provisions in this Agreement and all specific site visit requirements.

g. Review the Contractor's performance to ensure the schedules and deliverables are satisfactory.

h. Review and assess the overall performance of the Contractor.

3. All CDFW Contract Manager's responsibilities set forth in Exhibit A, Section 5.G., CDFW Contract Manager Responsibilities, are included in this Agreement solely for CDFW’s own internal purposes and benefit in monitoring the administration of this Agreement and for no other reason. The Contractor acknowledges and agrees that no failure by CDFW to perform any or all of the CDFW Contract Manager's Responsibilities set forth in this Section 5.G., CDFW Contract Manager Responsibilities, will be deemed to constitute a breach of contract on the part of CDFW and/or a failure on the part of CDFW to comply with this Agreement.

H. Reports

1. The Contractor will prepare and submit a report after completion of each Service

Request in electronic copy in Microsoft Word (or compatible) format. The report must include the following:

a. A brief introduction section including a statement of purpose, the scope of the project, and a description of the approach and techniques used during the project.

b. A summary of work (activities and accomplishments) completed to date and funds expended to date.

c. Before and after pictures showing the cleanup site.

d. The amounts and types (by Cal/EPA waste stream code) of waste material collected, removed, transported, and legally disposed of.

e. A copy of the Service Request (Exhibit A, Attachment 1) completed prior to the commencement of services.

2. If any explosive or weapon is found, the Contractor must immediately notify the CDFW Contract Manager and the CDFW Law Enforcement Division (LED) site escort either in person or by phone. The Contractor will also prepare and submit a written report by email which must include:

a. a brief description of any such weapon(s) or explosive device(s);

b. the time and date any such weapon(s) or explosive device(s) were discovered;

c. photograph(s) of the weapon(s) or explosive device(s) as found;

d. the full name of the person who discovered any such weapon(s) or explosive device(s);

e. a brief description of the location of any such weapon(s) or explosive device(s) when discovered.

3. If off-site laboratory testing is conducted, the Contractor must submit a copy of the results report(s) to the CDFW Contract Manager with the invoice.

I. Schedule of Completion Dates

All waste material removal services will be completed a project-by-project basis throughout the term of this Agreement. Specific project completion dates are unknown as work will be dependent upon several factors including, but not limited to, inclement weather, scheduling, etc. All work under this Agreement will be completed on or before the contract term end date and may commence following the official execution and approval of the Agreement.

J. Contractor’s Licensing, Certification, and Permit Requirements

a. The Contractor must maintain the following trainings, permits, and licenses for the duration of this Agreement:

a. Certificate of completion of 40 hours of Hazardous Waste Operations and Emergency Response (HAZWOPER) training.

b. Environmental Protection Agency issued ID as a registered hazardous waste handler.

c. California Department of Public Health issued Medical Waste Transporter certification.

d. Department of Toxic Substances Control issued Hazardous Waste Transporter license.

e. California Department of Motor Vehicles issued Motor Carrier Permit, Class A license with a Hazardous Materials Endorsement.

f. The Contractor must be registered with the Department of Industrial Relations

(DIR) pursuant to Labor Code Section 1725.5.

g. Record of current respirator fit testing.

K. Contractor Personnel Requirements

1. The Contractor must ensure that only qualified and competent employee(s) are permitted on the job site and that the work will be safely performed in compliance with federal, state, and local laws and regulations, including but not limited to:

a. Blood-Borne Pathogens required by 8 California Code of Regulations (CCR) 5193 https://www.dir.ca.gov/title8/5193.html.

b. Knowledge of Hepatitis A and management of it in public settings, including use of pesticides along with impacts to humans and the environment. Knowledge of California Department of Public Health (CDPH) Hepatitis A Virus Environmental Sanitation Resources.

https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/I mmunization/EHHepAResource.pdf

2. Worker Classifications, as listed below, are used in this Agreement to describe a specific type of service and/or function and to cross-reference line items on Exhibit B Budget Detail. These classifications are not reflective of Prevailing Wage Classifications and should not be used for determining prevailing wage hourly rates.

The Contractor must ascertain the appropriate Department of Industrial Relations (DIR) craft/classification prevailing wage rate in accordance with the work described herein. The Contractor must ascertain the appropriate prevailing wage rate listed on certified payroll based on the county in which the work is performed and the specific duties performed. The Contractor will provide the following personnel that meet all requirements:

Project Manager: As described in this Agreement, Exhibit A, Section 5.F., Contractor’s Project Manager Responsibilities.

Lead Technician/Supervisor: Provide on-site supervision of the Contractor's employees engaged in cleanup operations. Must have knowledge of the employer's safety and health program, personal protective equipment (PPE), spill containment program, and health hazard monitoring procedures and techniques.

Lead Technician/Supervisor must comply with CCR, Title 8, Section 5192 [8 CCR 5192] and Code of Federal Regulations (CFR), Title 29, Section 1910.12 (e)(4) [29 CFR 1910.12 (e)(4)].

https://www.dir.ca.gov/title8/5193.html https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/Immunization/EHHepAResource.pdf https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/Immunization/EHHepAResource.pdf

Technician/Bio-Hazard Personnel: Possess skills and knowledge of proper use procedures for dealing with biological waste. This includes adequate PPE, training, and certifications for handling and transport, of biological waste.

Operator/Driver: Have skills and knowledge to safely and effectively contain, cleanup, transport, and dispose of hazardous materials. Operators must possess a valid driver's license of the appropriate class and comply with California Vehicle Code (CVC), Sections 15250 and 31560.

Laborer: Under the direction of the Lead Technician/Supervisor, the Laborer will assist with performing waste cleanup operations.

5) Insurance Requirements

The Contractor will be required to maintain the following insurance coverage throughout the duration of this agreement and must supply proof of coverage upon request by the CDFW Contract Manager. Insurance must be in accordance with the Exhibit D, CDFW Additional Provisions.

1. Commercial General Liability (limits not less than $1,000,000 per occurrence with a

$2,000,000 annual policy aggregate).

2. Automobile Liability (limits not less than $1,000,000 combined single limit per accident).

3. Pollution Liability (limits not less than $1,000,000 each occurrence and $2,000,000 aggregate which may include Pesticide/Herbicide Applicator Coverage if applicable, or its equivalent)

4. Workers Compensation and Employers Liability (limits of $1,000,000 are required.

The waiver of subrogation endorsement must also be provided).

The above policies must each be endorsed to include “the State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract”.