RFQ___A241014653.pdf

California Governor’s Office of Emergency Services TBD Paper Recycling Collection and Removal Agreement No. A241014356

EXHIBIT A

STATEMENT OF WORK (SOW)

PAPER / CARDBOARD RECYCLING MATERIALS COLLECTION AND REMOVAL

1. OBJECTIVE

The California Governor’s Office of Emergency Services, hereinafter referred to as “Cal OES” requires TBD, hereinafter referred to as “Contractor”, to provide paper and cardboard recycling materials collection and removal services at the following locations:

601 Sequoia Pacific Blvd, Sacramento CA, 95811 (PSCHQ)

630 Sequoia Pacific Blvd, Sacramento CA, 95811 (PSC)

2. TERM/PERIOD OF PERFORMANCE

A. The period of performance for the Agreement shall be April 1, 2025, or upon approval by the Department of General Services (DGS), whichever is later, through March 31, 2028.

B. The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until the Agreement has been approved. Any delivery or performance of service that is commenced prior to the approval of the Agreement shall be considered voluntary on the part of the Contractor and non-compensable.

C. Consistent with the terms and conditions of the original solicitation, and upon mutual consent, Cal OES and the Contractor may execute written amendments to alter the method, price, or schedule of the work, subject to the limitations set forth by California Public Contract Code, section 100 et seq, and the California State Contracting Manual, Volume 1.

3. BUDGETED AMOUNT

The initial award of this Agreement shall not exceed $TBD and there is no obligation on Cal OES’ part to utilize the entire amount. Any increases in the budgeted amount will be at the rates evaluated and considered herein.

4. PROJECT TASKS AND DELIVERABLES

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

A. Collect and process recyclable materials from designated Cal OES areas, which include either in-house, and/or dockside collection locations.

Agreement No. A241014356

B. Collection will take place during business hours which are 8:00 a.m. - 5:00 p.m., Monday through Friday, excluding State holidays. A list of State holidays can be found using the following link:

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

C. Provide all labor, equipment, vehicles, personnel, customer service, scheduling, routes, and quarterly reports in a timely manner as outlined in the body of this Agreement.

D. Collect in-house recyclable material "as-is", including white paper, mixed paper, newspaper, magazines, old, corrugated cardboard (OCC) and books from designated Cal OES facilities. In-house collection of recyclables will consist of the Contractor physically walking through Cal OES facilities at identified locations and collecting materials.

E. Collect from Cal OES facilities, as in dockside locations, recyclable materials; including white paper, mixed paper, newspaper, magazines, old, corrugated cardboard, baled OCC, and books designated by Cal OES facilities. Dockside collection of recyclables will consist of the Contractor placing its own collection containers ranging in size from 0.8 - 4.0 cubic yards, and physically collecting only recyclable materials placed in the bins on the dock or staging area of Cal OES facilities at the identified locations.

The Contractor shall meet with the Contract Manager on an as-needed basis:

i. The meetings will allow the Contractor and the Cal OES Contract Manager to discuss performance matters related to the agreement, including but not limited to: service concerns, recurring customer service issues, container placement, timing of collections, and service locations.

ii. All meetings will occur during regular business hours. The meeting time will be agreed upon by both the Cal OES Contract Manager and the Contractor. All meetings will be held at the Cal OES, Mather Headquarters location, at 3650 Schriever Avenue, Mather, CA 95655 unless otherwise agreed-upon to meet at an alternative location.

The Cal OES Contract Manager will provide an agenda prior to the meetings and provide a copy to the Contractor.

iii. The Contractor shall provide information requested on the agenda, as well as any updates on issues discussed in prior meetings.

iv. The Contractor shall be prepared to discuss any logistic and/or administrative issues that arise.

v. Additional discussions or correspondence shall occur on an as needed basis via telephone, and followed up with an email to the Cal OES Contract Manager.

F. The Contractor will be responsible for submitting quarterly Tonnage Reports due on or before the 20th of the month, following the preceding quarter (May 20th, August 20th, November 20th, and February 20th). The reports must meet the following requirements:

Agreement No. A241014356

i. A Quarterly Tonnage Report of the prior quarter's recyclables collected from each Cal OES facility and must be sent to the Cal OES Contract Manager. At a minimum, the Quarterly Tonnage Report must report total pounds recycled by material type at each facility.

ii. A Quarterly Tonnage Report does not need to include separate weights for multiple Cal OES Boards and Bureaus that share an address but are in different offices or suites. If such Cal OES requests individual weights, the Contractor shall report estimated individual weights based on percentage of occupancy.

iii. The Quarterly Tonnage Report shall be in Excel format and emailed to the Cal OES Contract Manger upon completion.

5. ACCEPTANCE OF SERVICES

Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. The approval process is outlined in the Performance Section of this SOW. Acceptance criteria shall consist of the following:

A. The Contractor is responsible for obtaining approval from Cal OES Contract Manager before beginning any services.

B. The Contractor shall meet all timelines and deliverable due dates as described herein.

C. It shall be Cal OES’ sole determination as to whether services have been successfully completed and are acceptable.

D. The Contractor costs related to rework of unacceptable work products shall be costs of the Contractor and shall not be billed to Cal OES.

6. CONTRACTOR RESPONSIBILITIES

A. This serves as a notice under Executive Order N-6-22 that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the Executive Order and the sanctions identified on the U.S.

Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

B. The Contractor shall provide all equipment and/or software necessary to perform the required duties outlined herein.

Agreement No. A241014356

C. The Contractor shall designate a primary contact person to whom all project communications may be addressed and who has the authority to act on all aspects of the services.

D. If a Contractor employee is unable to perform due to illness, resignation, or other factors beyond the Contractor’s control, the Contractor shall provide qualified and suitable substitute personnel.

E. The Contractor staff shall be courteous and professional.

F. The Contractor shall leave all service locations in a neat and orderly manner, as they found them.

G. The Contractor shall submit to the Contract Manager a schedule and description of services.

H. The Contractor shall provide trained technicians to perform the service at frequencies stated in Exhibit A.

I. The Contractor shall maintain all vehicles used to collect recyclable materials and ensure all vehicles comply with state and local laws.

J. The Contractor shall provide and maintain all equipment utilized for the removal of in-house recyclable materials and provide dockside collection containers ranging in size from 0.8 to 40 yards.

K. The Contractor shall maintain all State-owned collection bins in a presentable and nonhazardous condition. If damage to bins becomes a regular, or frequent occurrence at a facility, the Contractor shall notify the Cal OES Contract Manager.

The Cal OES Contract Manager shall work with the Contractor to prevent future damage.

L. The Contractor shall distribute additional containers when necessary to meet the material generation levels or to be able to successfully accommodate a change in the collection frequency.

M. The Contractor shall not be responsible for providing can liners for in-house collection recycling bins.

N. The Contractor is not responsible for entering personnel offices or cubicles to collect recyclables for in-house collections.

Agreement No. A241014356

7. CAL OES RESPONSIBILITIES

A. Cal OES shall designate a person to whom all Contractor communication will be addressed, and who has the authority to act on all aspects of the services. This person will review the SOW and associated documents with the Contractor to ensure understanding of the responsibilities of both parties.

B. Cal OES shall provide access to department staff and management, offices, and operation areas, as required, to complete the tasks and activities defined under this Agreement.

8. PERFORMANCE

Cal OES will be the sole judge of the acceptability of all work performed and all work products produced by the Contractor as a result of this SOW. Should the work performed, or the products produced by the Contractor fail to meet Cal OES’ conditions, requirements, specifications, guidelines, or other applicable standards, the following resolution process will be employed, except as superseded by other binding processes:

A. Cal OES will notify the Contractor of any problems in writing within five (5) business days of identifying the problem.

B. The Contractor must respond to Cal OES within five (5) business days after initial problem notification. The response shall include a corrective action plan and detailed explanation of how the Contractor plans to mitigate the issue.

i. Failure by the Contractor to respond to Cal OES’ initial problem notification within the required time limit may result in immediate termination of the Contract.

C. Cal OES will, within five (5) business days after receipt of the Contractor’s corrective action plan, notify the Contractor in writing whether it accepts or rejects the plan.

i. If Cal OES rejects the corrective action plan, the Contractor will submit a revised plan within three (3) business days. Failure by the Contractor to respond to Cal OES’s rejection notification may result in immediate termination of the Agreement.

D. Upon receipt of the revised corrective action plan, Cal OES will notify the Contractor in writing whether it accepts or rejects the revised plan within three (3) business days.

i. Rejection of the revised corrective action plan will result in immediate termination of the Agreement.

E. In the event of Agreement termination, Cal OES shall pay all amounts due to the Contractor for all work accepted prior to termination.

Agreement No. A241014356

9. PROBLEM ESCALATION

The parties acknowledge and agree that certain technical and project related problems or issues may arise, and that such matters shall be brought to Cal OES’ attention. There may be instances where the severity of the problem(s) justifies escalated reporting. To this extent, the Contractor will determine the level of severity and notify the appropriate Cal OES personnel. Cal OES personnel notified, and the time period taken to report the problem or issue shall be at a level commensurate with the severity of the problem or issue.

The relevant Cal OES personnel include, but are not limited to, the following:

First level: Jay Jacobs, SSM II, Facilities

(916) 882-4164 Jay.Jacobs@caloes.ca.gov

Second level: Randi Chegwidden, SSM III, Logistical Support – Internal Branch

(916) 845-8583 Randi.Chegwidden@caloes.ca.gov

Third level: Beth Muszynski, Assistant Director, Logistics

(916) 207-7972 Beth.Muszynski@caloes.ca.gov

10. TERMINATION OF AGREEMENT

Cal OES reserves the right to terminate this Agreement, subject to thirty (30) days written notice to the Contractor. In the event of termination, Cal OES shall pay all amounts due the Contractor for all services rendered and accepted prior to termination.

Additional conditions for termination include, but are not limited to, the following:

A. This Agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement termination shall be effective as of the date indicated on Cal OES’ notification to the Contractor.

B. This Agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or Cal OES’ premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

C. Cal OES may terminate performance of work under this Agreement for its convenience in whole or, from time to time, in part, if Cal OES determines that a termination is in the State's interest.

Agreement No. A241014356

i. Cal OES shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof. The parties agree that, as to the terminated portion of the Agreement, the Agreement shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the Agreement shall not be void.

ii. After receipt of a Notice of Termination, and except as directed by Cal OES, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall:

a) Stop work as specified in the Notice of Termination.

b) Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continued portion of the Contract.

c) Terminate all subcontracts to the extent they relate to the work terminated.

d) Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification of which will be final for purposes of this clause.

D. The Contractor may submit a written request to terminate this Agreement only if Cal OES should substantially fail to perform its responsibilities as provided herein.

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

11. GENAI TECHNOLOGY USE & REPORTING

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

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

Agreement No. A241014356

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.

12. SUBCONTRACTING PROVISIONS

No Subcontracting is allowable under this Agreement.

13. AUTHORIZED REPRESENTATIVES

The authorized representatives during the term of this Agreement are identified in the tables below. Changes to the Authorized Representatives are allowed without contract amendment via written notice to the representatives identified below.

For service-related inquiries:

The California Governor’s Office of Emergency Services

TBD

NAME:

Biraj Pokharel, Real Estate Services & Sustainability Analyst

NAME:

ADDRESS:

630 Sequoia Pacific Blvd Sacramento, CA 95811

ADDRESS:

PHONE: (916) 701-3463 PHONE:

EMAIL: Biraj.Pokharel@caloes.ca.gov EMAIL:

For Agreement administrative inquiries:

The California Governor’s Office of Emergency Services

TBD

NAME:

Jairo Turnil, Contracts Analyst

NAME:

Agreement No. A241014356

ADDRESS:

10391 Peter A McCuen Blvd Mather, CA 95655

ADDRESS:

PHONE: (916) 845-8932 PHONE:

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

Agreement No. A241014356

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. It shall be Cal OES’ sole determination as to whether a service has been successfully completed and is acceptable.

2. Invoices shall be submitted after services are rendered and shall include the following information:

A. Agreement No.

B. Contractor

C. Service

D. Itemized Cost

E. Invoice Date

Invoices shall be due and payable, and payment shall be made, only after Cal OES’ Contract Manager’s acceptance of services.

3. The Contractor’s costs related to items such as travel and per diem shall be inclusive in the Cost Sheet, Exhibit B-1, and will not be paid separately as part of this Agreement.

4. Submit invoices to:

California Governor’s Office of Emergency Services Accounting Unit

APInvoices@caloes.ca.gov

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

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

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

Agreement No. A241014356

EXHIBIT B-1

COST SHEET

The Contractor shall provide all labor, materials, equipment, and every other item of expense, direct or indirect necessary to complete the services in accordance with the specifications described in the Statement of Work, Exhibit A, at the rates specified below. Cal OES makes no guarantee, expressed or implied, on the actual amount of services/hours that shall be required for this Agreement, and reserves the right to omit portions or quantities of work, as may be deemed necessary. Payment for service performed under this Agreement shall be for actual expenditures incurred. The rates referenced below shall be binding for the term of the Agreement.

Item No.

Location - Street Address Service

Type Frequency Price Per Pickup

Scheduled Number of Pickups Per

Month

Total Number of Pickups

Extended Price

1 CALOES/PSC HQ - 601

Sequoia Pacific Blvd.

In House Biweekly $ 2 72 $

2 CALOES/PSC HQ - 601

Sequoia Pacific Blvd.

Dockside On Call $ N/A 30* $

3 CALOES/PSC HQ - 601

Sequoia Pacific Blvd.

In-House On Call $ N/A 30* $

4 CALOES/PSC - 630

Sequoia Pacific Blvd

In House Biweekly $ 2 72 $

5 CALOES/PSC - 630

Sequoia Pacific Blvd

Dockside On Call $ N/A 30* $

6 CALOES/PSC - 630

Sequoia Pacific Blvd.

In-House On Call $ N/A 30* $

GRAND TOTAL

* The number of On-Call pickups are estimates. They are included for solicitation and evaluation purposes only and will be removed from the actual Agreement.

Agreement No. A241014356

EXHIBIT C

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (GTCs) are hereby incorporated by reference and can be accessed by visiting the following links:

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

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

Agreement No. A241014356

EXHIBIT D

ADDITIONAL PROVISIONS

1. INSURANCE

The Contractor shall submit original Certificates of Insurance for all required Insurance and must show "occurrence" coverage when applicable. If a syndicate is used, the syndicate's name must be included.

All types of insurance must be issued by an insurer with a minimum Best Classification Rating of B + V, or equivalent as determined and deemed acceptable by the Department of General Services, Office of Risk and Insurance Management.

A. General Provisions Applying to All Policies

i. Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least thirty (30) days prior to the expiration of this insurance. Any new insurance must still comply to the original terms of the contract and be no less than one (1) year or the remainder of the term of this Agreement, whichever is greater. The new certificate must show the name and address of the insurance company, the policy number, and the beginning and ending dates of the policy.

ii. Policy Cancellation or Termination & Notice of Non-Renewal – Contractor is responsible to notify the State within 5 business days before the effective date of any cancellation, non-renewal or material change that affects required insurance coverage. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.

iii. Deductible – Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

iv. Primary Clause – Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

v. Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management – A or better and financial size category of VII or better to the latest edition of the A.M. Best Key Rating Guide. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

Agreement No. A241014356

vi. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

vii. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligations under the contract.

viii. Satisfying an SIR – All insurance policies required by this contract/permit must allow the State to pay and/or act as the contractor’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the contractor’s agent in satisfying any SIR is at the State’s discretion.

ix. Available Coverages/Limits – All coverage and limits available to the contractor shall also be available and applicable to the State.

x. Subcontractors – In the case of Contractor utilization of subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insureds under Contractor’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor.

B. Insurance Requirements

i. Commercial General Liability – Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined, with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy must include The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the contract.

ii. Workers Compensation and Employers Liability – Contractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. Employer’s liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under contract/permit with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the State must be attached to the certificate.

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

Agreement No. A241014356 owned motor vehicles. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract.

Pollution Liability – Contractor shall maintain Pollution Liability covering the Contractor's liability for bodily injury, property damage, and environmental damage resulting from pollution and related cleanup costs incurred, all arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site and during transportation as well as proper disposal of hazardous materials. Proof of Pollution during transportation shall be provided on an MCS-90 form, or its equivalent. Limits of not less than $1,000,000 per incident, and annual aggregate amount of $2,000,000 shall be provided. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract.

The Contractor shall furnish a Certificate of Insurance. The Certificate of Insurance will provide the above listed liability coverages and the Certificate Holder shall read:

California Governor's Office of Emergency Services 3650 Schriever Avenue Mather, CA 95655-4203

C. Other Required Insurance Provisions

Certificate of Insurance must also contain all of the following provisions:

i. Statement requiring the Insurer to provide written notice to Cal OES thirty (30) calendar days prior to cancelling the Contractor's policy.

ii. Statement that Cal OES, its officers, agents, servants and employees are included as additional insured on the policy, but only insofar as the services under this Agreement are concerned.

iii. Statement that neither Cal OES, nor any of its agents, will be responsible for any premium or assessment on said policies.

iv. In the event Contractor fails to keep the insurance coverage as herein prescribed in effect at all times during the term of this Agreement, Cal OES may, in addition to any other remedies it may have, terminate this Agreement effective the last day of insurance coverage.

v. The Contractor shall email the certificate of insurance, identifying the Agreement number, to Cal OES at the following email address:

Agreement No. A241014356

ContractsUnit@caloes.ca.gov Contract Number A241014356