Modesto City Council
April 9, 2024

Date: 10/18/23

EXHIBIT B
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City of Modesto Carpenter Road Landfill
Groundwater and Gas Monitoring
Modesto, CA
5 Year Budget

COST ESTIMATE
TASK 3

3.1 Del Tech Geotechnical
Del Tech Geotechnical $ 21,283.00 5 Years 5 Years $ 21,283

3.2 Ground Zero Personnel
Registered Geologist $ 222.00 per hour 10 hours $ 2,220 Senior Geologist $ 185.00 per hour 20 hours $ 3,700
Project Coordinator $ 115.00 per hour 10 hours $ 1,150
TASK 3 TOTAL $ 28,353
TASK 4

4.1 Quarterly Summary Reports
Professional Geologist $ 222.00 per hour 40 hours $ 8,880 Staff Geologist $ 133.00 per hour 120 hours $ 15,960
Graphic Specialist $ 100.00 per hour 40 hours $ 4,000
Project Coordinator $ 115.00 per hour 10 hours $ 1,150
TASK 4 TOTAL $ 29,990
SUBTOTAL FOR TASKS 1 thru 4: 179,939$
CONTINGENCY AT 10%: 17,994$
5 YEAR PROJECT TOTAL: $ 197,933

QUARTERLY LANDFILL GAS PROBE MONITORING
(7 soil gas probes, 4 quarters each year, 5 years)
QUARTERLY LANDFILL GAS PROBE MONITORING REPORT (20 Summary Reports)

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City of Modesto Compost Facility
Groundwater Monitoring and Testing and Reporting
7001 Jennings Road
Modesto, CA
Five Year Cost Estimate

Dated 10/18/23
TASK 1

1.1 Project Management, Scheduling, Coordinating
Professional Geologist $ 222.00 per hour 10 hours $ 2,220 Staff Geologist $ 133.00 per hour 20 hours $ 2,660
Project Coordinator $ 115.00 per hour 20 hours $ 2,300
Subtotal $ 7,180
Field Sampling 6 Monitoring Wells (4 quarters each year, 5 years)

1.2 Del Tech Geotechnical
Del Tech Geotechnical $ 36,520.00 5 Years 5 Years $ 36,520

1.3 Ground Zero Personnel
Staff Geologist $ 133.00 per hour 20 hours $ 2,660
Project Coordinator $ 115.00 per hour 20 hours $ 2,300
Subtotal $ 4,960

1.4 Lab Total Costs (Far West & BSK Lab) $ 24,313.00 5 Years 5 Years $ 24,313 Subtotal $ 24,313

1.5 Quarterly Summary Reports (20 Summary Reports)
Professional Geologist $ 222.00 per hour 40 hours $ 8,880 Staff Geologist $ 133.00 per hour 120 hours $ 15,960
Graphic Specialist $ 100.00 per hour 40 hours $ 4,000
Project Coordinator $ 115.00 per hour 10 hours $ 1,150
Subtotal $ 29,990
TASK 1 TOTAL $ 102,963
TASK 2 ANNUAL REPORTING TO CVRWQCB (5 Reports)

2.1 Annual GWM Report - 1 Report Each Year
Registered Geologist $ 222.00 per hour 25 hours $ 5,550 Staff Geologist $ 133.00 per hour 60 hours $ 7,980
Graphic Specialist $ 100.00 per hour 45 hours $ 4,500
Project Coordinator $ 115.00 per hour 10 hours $ 1,150
Subtotal $ 19,180

2.2 Geotracker Upload: Prep Searchable PDF Report, GEO WELLS, EDF Project Coordinator $ 115.00 per hour 5 hours $ 575
Subtotal $ 575
TASK 2 TOTAL $ 19,755
SUBTOTAL FOR TASKS 1 and 2: $ 122,718
CONTINGENCY AT 10%: $ 12,272
5 YEAR PROJECT TOTAL: $ 134,990

GROUNDWATER SAMPLING AND TESTING
(6 wells, 4 quarters each year, 5 years)

COMPOST SITE

FIVE YEAR COST ESTIMATE
4TH QUARTER 2024 THROUGH 3RD QUARTER 2029
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Invitation for Bid Bid Number C5611173-D

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION

INVITATION FOR BID
BID NUMBER C5611173-D
Date: January 31, 2023
The California Department of Corrections and Rehabilitation (CDCR), Sierra Conservation Center (SCC), located at 5100 O’Byrnes Ferry Road, Jamestown, California 95327 hereafter referred to as the State, is inviting responses to this Invitation For Bid (IFB) entitled Landfill Sampling, Testing, Monitoring and Equipment Maintenance and Repair Services.

In accordance with the California Government Code and Americans with Disabilities Act, this IFB is available in a text-only format on a compact disc as a disability-related reasonable accommodation.

To discuss how to receive a copy of this IFB in the specified format or to request a different format, please contact the person identified below.

This IFB package contains the following documents (except as otherwise indicated). Please note that you must comply with the requirements contained in all of these documents. • Notice to Prospective Bidders
• Bidder Acknowledgment/Certification (OBS 300)
• Bid Submittal Checklist
• Sample Standard Agreement (STD 213)
• Scope of Work (Exhibit A)
Service Report (Exhibit A-1)
• Budget Details and Payment Provisions (Exhibit B)
• Rate Sheet (Exhibit B-1)
Electronically downloaded bid package includes an Excel spreadsheet file in addition to the PDF version (for additional information, see Exhibit B-1, first paragraph).
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Invitation for Bid Bid Number C5611173-D

• General Terms and Conditions (Exhibit C)
This document is incorporated in this bid package by reference only and is available on the Internet at https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/Standard-ContractLanguage - GTC 04/2017. If you do not have Internet access, you may request a hard copy of Exhibit C by contacting the contract analyst listed below. • Special Terms and Conditions (Exhibit D)
• California Regional Water Quality Control Board Order No. 96-010 (Exhibit E) • CDCR 2301 PREA – Policy Information for Volunteers and Contractors (Exhibit F) • Service Technician Reference (Attachment 1)
• Standard Contractor Certification Clauses (CCC 04/2017) • Payee Data Record (STD 204)
• Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555)
• Darfur Contracting Act (OBS 1500)
• California Civil Rights Laws Certification (OBS 1510) • Sample Certificate of Insurance
• California DVBE Bid Incentive Instructions – Selecting Incentive Option • Bidder Declaration (GSPD-05-105)
• DVBE Declarations (DGS PD 843)
• DVBE Bid Incentive Request and Acknowledgement (OBS 554) It is the opinion of the State that this IFB is complete and without need of explanation. However, if any documents are missing, or if you have any questions regarding this IFB, immediately contact the person identified below.

Denise M. Pulido
(279) 210-3773
[email protected]
California Relay Service 1-800-735-2929
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Notice to Prospective Bidders Bid Number. C5611173-D

THE STATE OF CALIFORNIA
Department of Corrections and Rehabilitation

NOTICE TO PROSPECTIVE BIDDERS

LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT

MAINTENANCE AND REPAIR SERVICES
Bid Number C5611173-D
I. PROJECTED TIMETABLE
The following dates are set forth for informational and planning purposes only and are subject to change.

IFB Available to Prospective Bidders January 31, 2023
Letters of Inquiry February 10, 2023
Submission of Bid February 15, 2023 @ 1:00 p.m.

Public Bid Opening February 15, 2023 @ 1:30 p.m.

Anticipated Date for Commencement of Services Upon Approval Termination of Agreement June 30, 2025
II. BIDDER QUALIFICATIONS AND LICENSING REQUIREMENTS
Bidder qualifications and licensing requirements (if any) are specified below and/or in Exhibit A. Unless otherwise stated, the bidder shall meet all qualifications and licensing requirements at the time of the bid opening.

III. PROHIBITION ON TAX DELINQUENTS
Persons or companies identified as the largest tax delinquents by the Franchise Tax Board (FTB) or the Board of Equalization (BOE) under authority of Sections 7063 or 19195 of the Revenue and Taxation Code, shall be disqualified from the bidding process.

Pursuant to PCC §10295.4, contracts are void and unenforceable if a Contractor is included on tax delinquency lists.
(a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.
(b) This section shall apply to any contract executed on or after July 1, 2012. #23..
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Notice to Prospective Bidders Bid Number. C5611173-D

IV. BIDDER RESPONSIBILITIES & THE BID PACKAGE
Bidders are solely responsible for understanding the scope of work and all requirements, terms, conditions, evaluation criteria, etc., before submitting a bid. If the language is unclear or ambiguous, it is the bidder’s responsibility to request clarification or assistance before submitting a bid. Please note that no verbal information will be binding upon the State unless the State issues such information in writing as an official addendum. If the IFB is modified prior to the final bid submission date, the State will issue an addendum to all bidders that received a bid package.

Bidder shall provide rate(s) on Rate Sheet (Exhibit B-1) and a copy of the Contractor’s Published Price List. Bidder shall set forth rates in clear, legible figures in the spaces provided in Exhibit B-1. Failure to provide the required rates shall be cause for rejection of your bid.

NOTE:

1. Any quantities listed on Exhibit B-1 are CDCR’s estimates only and are offered as a basis for the comparison of bids. 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. 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.

3. The amount of the total bid will be rounded up to the nearest whole dollar when the Agreement documents resulting from this bid are prepared.

All required documents listed in the Bid Submittal Checklist must be included within the sealed bid package. No bid will be considered unless it is submitted with the CDCR Bidder Acknowledgement/Certification form (OBS 300) and Exhibit B-1 Rate Sheet and is in conformance with the submission requirements of this IFB. Additionally, an original, signed copy of all pages of the Contractor Certification Clause (CCC) must be submitted to CDCR with the completed bid package. The State reserves the right to request clarification of any documents included with this bid.

The bid must be for the entire activity described herein. The State does not accept alternate contract language from a prospective Contractor. A bid with such language will be considered a counter proposal and will be rejected. Additionally, bids may be rejected if the bid proposal shows any alterations of form, additions not called for, a conditioned or incomplete bid, or erasures and/or irregularities of any kind. Any bid amounts changed after the amounts are originally inserted MUST be initialed in ink by the bidder.

Failure to submit required documentation may result in the rejection of your bid. #23..
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Notice to Prospective Bidders Bid Number. C5611173-D

V. BID SUBMITTAL
Sealed bids must be received no later than the time and date specified in the Projected Timetable (Section I of these instructions) at the designated address stated below.

MAIL DELIVERY,
or
OVERNIGHT MAIL:

California Department of Corrections and Rehabilitation Office of Business Services, Contracts Management Branch Attention: Denise M. Pulido
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
Any bid received at the above address after the Submission of Bid date and time specified in the Projected Timetable, Section I, will NOT be considered. It is the State's policy to make every effort to ensure that all bids have been received and properly time stamped; however, bidders are ultimately responsible for ensuring timely receipt of their bid. Bidders may verify receipt of their bid by contacting the person identified in the cover letter of this IFB prior to the Public Bid Opening.

Bids that are not properly marked may be disregarded. All completed bids and required documents shall be packaged and submitted in a sealed envelope to the address specified in the section entitled “Bid Submission Requirements”. The sealed envelope must be clearly marked "BID FOR LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT MAINTENANCE AND REPAIR SERVICES - BID NO. C5611173-D Attention: DENISE M. PULIDO - DO NOT OPEN." Failure to do so may result in the premature opening of, or failure to open, your bid.

In submitting a bid, the bidder accepts the terms and conditions expressed herein. Costs incurred for developing bids and in anticipation of award of the Agreement are the responsibility of the bidder and shall not be charged to the State.

A bidder may modify a bid after its submission by withdrawing the original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

A bid may be withdrawn from consideration by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. Once opened by the State, the submitted bid is binding and may not be withdrawn without cause.

All documents submitted in response to this IFB will become the property of the State and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

VI. LETTERS OF INQUIRY
The purpose of these letters is to provide bidders the opportunity to ask questions and/or provide feedback to CDCR on the specifics of the IFB and/or DVBE requirements. While some input may be incorporated into the IFB, remarks and explanations submitted may not necessarily change provisions of the IFB. Any modifications to the IFB as a result of these inquiries will be documented by an addendum and forwarded to all bidders. #23..
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Notice to Prospective Bidders Bid Number. C5611173-D

Any letters of inquiry must be submitted in writing to allow CDCR time to research and prepare a response. Submit your letter of inquiry by the date specified in Section 1, Projected Timetable directly to Denise M. Pulido, Contracts Management Branch, by email:

E-mail: [email protected]
Inquiries received after this date will only be addressed at CDCR’s discretion.

VII. COVID-19 REQUIREMENTS
Public Bid Openings are closed until further notice. Interested parties may submit a request for the results of the bid opening and should be requested by email to the assigned analyst.

All other requests for documents, such as copies of bids, will require a Public Records Request submitted to the Public Records Portal at
https://californiacdcr.govqa.us/WEBAPP/_rs/. Please keep in mind that any such requests for documents may be delayed due to the current COVID-19 situation Due to COVID-19, CDCR has implemented a mandatory screen as preventative measures to decrease the spread of COVID-19. Effective March 14, 2020, all visitors, vendors, volunteers, or staff are required to respond and certify their answers to the screening questionnaire upon entering the secured perimeter at the institution. The screening is required 24 hours a day, 7 days per week. Therefore, be advised that you and/or your employees will be required to adhere to this requirement.

VIII. PUBLIC BID OPENING
See Section above.

IX. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State X. NONRESPONSIBLE BIDDER
If a previous Agreement with a prospective bidder was terminated for cause, the State reserves the right to hold a responsibility hearing before awarding the Agreement to determine if the bidder is responsible. The bid may be rejected if the State deems, at the conclusion of the responsibility hearing, that the bidder is not responsible. #23..
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Notice to Prospective Bidders Bid Number. C5611173-D

XI. BASIS FOR AWARD
The award of an Agreement, if it is to be awarded, will be made to the lowest responsible bidder whose bid complies with all requirements prescribed herein. In the event a bidder submits more than one (1) bid for the same institution/service under this bid process, the State shall select the lowest bid and reject all other bids from this bidder.

In the event of tie bids, except as provided in Government Code §14838(f), CDCR reserves the right to determine the bidder entitled to the contract award based on the percent of discount specified in Exhibit B-1, if applicable. If not applicable or if there is a discount tie, a coin toss or lot drawing will be used to determine the bidder entitled to the contract award. The coin toss or lot drawing will be officially witnessed and all affected bidders will be advised of the tiebreaker method and invited to attend.

The State is not required to award an Agreement and reserves the right to reject any and all bids and to waive any immaterial deviations in the bid. The State’s waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the Agreement.

XII. PROTEST AWARD
Information regarding the protest of an award may be found by going to https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting#@ViewBag.JumpTo, under Chapter 6: Contract Award Protests.

A protest to this bid must adhere to Public Contract Code (PCC) Section 10345.

The envelope containing the written protest must clearly state: "Protest Concerning IFB Number C5611173-D for the California Department of Corrections and Rehabilitation". Protests MUST be filed with:

ORIGINAL COPY

HAND OR MAIL DELIVERY
Department of General Services
Office of Legal Services
Attn: Bid Protest Coordinator
707 Third Street, 7th Floor, Suite 7-330
West Sacramento, CA 95605
Bid Protest Coordinator Email:

[email protected]

HAND OR MAIL DELIVERY
Department of Corrections and Rehabilitation
Office of Business Services
Contracts Management Branch
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
XIII. AGREEMENT EXECUTION
The Agreement will be executed only upon the State's acceptance of the Contractor's certificates of insurance, bonds, licenses, and permits, when such items are required.

Should the 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.
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Notice to Prospective Bidders Bid Number. C5611173-D

The successful bidder shall enter into an Agreement with the State, which will be prepared on a State of California Standard Agreement (STD 213 form, sample attached) and shall include from this IFB Exhibits A, A-1, B, B-1, D, E and F.

This Agreement will not include a hard copy of the General Terms and Conditions for Private Contractors (Exhibit C), which is incorporated into the Agreement by reference only on the STD 213. Exhibit C may be downloaded from the Internet at https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/Standard-Contract-Language and printed for your files. An original, signed copy of all pages of the CCC must be submitted to CDCR. Failure to submit a signed CCC may result in rejection of your bid.

After award, two (2) original Standard Agreements will be forwarded to the Contractor for signature. Upon receipt, the Contractor must sign each Agreement with an original signature and return all Agreements with any required documentation in accordance with the time frame specified in the transmittal letter. In the event the State has not received the signed Agreements and the required documentation within the specified time frame, the award may be rescinded and awarded to the next lowest responsible bidder.

This Agreement is not valid unless and until approved by the Department of General Services, or, under its authority CDCR. The State has no legal obligation unless and until the Agreement is approved. Any work commenced by the Contractor prior to approval may be considered voluntary and the Contractor may have to pursue claim for payment by filing with the California Victim Compensation Board. When the Agreement is fully approved, a copy will be forwarded to you.

XIV. EXTENSION OF TERM
This Agreement may not be amended to extend the term except where necessary to complete performance of the original Agreement and not to provide for additional services.

XV. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PROGRAM This IFB is exempt from the DVBE requirement. However, the State is committed to achieving legislatively established goals for the participation of DVBEs in all state contracting and seeks to use certified DVBE business whenever possible. Therefore, the State requests your voluntary participation in reporting any certified DVBEs, including yourself, that will be used in the performance of this Agreement.

XVI. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) INCENTIVE CDCR is committed to meeting and exceeding the 3 percent goal for Disabled Veteran Business Enterprise (DVBE) participation in State contracting activities, set forth in Military and Veterans Code 999. The DVBE Incentive Program applies to all contracting activities for services including public works, construction, services, leasing, materials testing, and other related contracts. The DVBE incentive is applied during the evaluation process and is only applied to responsive bids from responsible bidders proposing DVBE participation.

This incentive is for bid computation only.

To be eligible for the DVBE incentive, the business must:
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Notice to Prospective Bidders Bid Number. C5611173-D

1. Complete DVBE Incentive Request and Subcontractor Acknowledgement form (OBS 554) and submit with bid proposal.

2. Have a completed DVBE application on file with DGS, OSDS by 5:00 p.m. on the date bids are due.

For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-DivisionServices-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-VeteranBusiness-Enterprise#@ViewBag.JumpTo, Award Based on Low Price
The incentive shall be equal to a bidder’s DVBE participation level (rounded to the nearest two decimal places).

DVBE PARTICIPATION LEVEL INCENTIVE APPLIED

1.0 - 1.99% 1%

2.0 UP TO 2.99% 2%

3.0 UP TO 3.99% 3%

4.0 UP TO 4.99% 4%

5.0 UP TO 5.99% 5%

1. The incentive is subject to a minimum of one percent (1%) and a maximum of five percent (5%) and will not exceed $500,000. Bids with DVBE participation of more than five (5%) percent will be calculated with a five percent (5%) incentive.

2. Bidders with DVBE participation of less than the required percentage listed in the solicitation will be deemed non-responsive and eliminated from any further participation.

3. The Small Business Preference (five percent (5%) up to $50,000) may be combined with the DVBE incentive but will not exceed a combined total of $500,000.

4. The DVBE incentive is computed from the lowest responsive and responsible bid price.

XVII. SMALL BUSINESS PREFERENCE PROGRAM
Current law encourages state departments to first consider a Small Business (S/B) Enterprise / Microbusiness (M/B) Enterprise for contracting opportunities. CDCR is committed to supporting Small/Micro Business participation in state contracting and seeks to use certified Small/Micro Businesses whenever possible.

A Small/Micro Business enterprise is defined as a business certified by the Department of General Services (DGS), Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) in which:

1. The principal office is located in California

2. The officers are domiciled in California

3. The business is independently owned and operated

4. The business, with any affiliates, is not dominant in its field of operation; and a. For Small Business, either:
(1) The business, together with any affiliates, has 100 or fewer employees and averaged annual gross receipts of $14,000,000 or less over the previous three years, or
(2) The business is a manufacturer with 100 or fewer employees #23..
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Notice to Prospective Bidders Bid Number. C5611173-D

b. For Micro Business, either:
(1) The business, together with any affiliates, has 25 or fewer employees and averaged annual gross receipts of $3,500,000 or less over the previous three years, or
(2) The business is a manufacturer with 25 or fewer employees.

Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to bidders who certify as a Small/Micro Business enterprise.

The rules and regulations of this law are contained in Title 2, California Code of Regulations, Section 1896, et seq. A copy of the regulation is available upon request.

To claim the Small/Micro Business preference, which may not exceed $50,000 for any bid, your firm must:

1. Have a completed application (including proof of annual receipts) on file with the DGS, OSDS, by 5:00 p.m. on the date bids are due, and

2. Receipt of documents verified by such office.

Therefore, if you are a Small/Micro Business, but are not certified, it is to your advantage to become certified. For certification and preference approval process information, contact the OSDS by telephone at (916) 375-4940 or access the OSDS Internet website at https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-DivisionServices-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-VeteranBusiness-Enterprise#@ViewBag.JumpTo.

XVIII. NON-SMALL BUSINESS PREFERENCE REQUEST
Pursuant to Title 2, CCR Section § 1896, et seq., and GC Section § 14838, et seq., a bid preference of five percent (5%) is available to a responsive non-small business claiming no less than twenty-five percent (25%), Small Business/Micro Business (SB/MB) subcontractor participation with one or more SB/MB enterprises. This preference is considered only if the tentative low bidder is not a certified SB/MB.

In granting the Non-Small Business Preference, no bid price will be reduced by more than $50,000. This preference cost adjustment is for bid evaluation purposes only and does not alter the actual cost offered by the bidder.

A non-small business is defined as a responsive/responsible bidder that is not certified by the DGS OSDS as a SB/MB enterprise.

To be eligible for the non-small business preference, the business prime vendor must complete and submit the Non-Small Business Preference Request and Subcontractor Acknowledgement form (OBS 555) with their bid proposal.

XIX. NONPROFIT VETERAN SERVICE AGENCY (NVSA) SMALL BUSINESS

PREFERENCE
Pursuant to Military and Veteran Code Section 999.50 et seq., Nonprofit Veteran Service Agencies (NVSAs) claiming Small/Micro Business preference and verified as such in the relevant category or business type, will be granted a preference of five percent (5%) of the lowest responsive bid, if the lowest responsive bid is submitted by a bidder not certified as a Small/Micro Business.
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Notice to Prospective Bidders Bid Number. C5611173-D

In granting Small/Micro Business preference to NVSAs, no bid will be reduced by more than $50,000. The preference cost adjustment is for computation purposes only and does not alter the actual cost offered by the bidder.

To be eligible for the NVSA Small/Micro Business Preference, the business concern must:

1. request preference at the time of bid submission, and

2. must possess a valid certification prior to bid submission.

An SB/NVSA is not subject to the same standards as other certified Small/Micro businesses. SB/NVSA standards are identified in Military and Veterans Code Section 999.51(a) (3).

XX. IDENTIFICATION OF CONTRACTORS, SUBCONTRACTORS, CONSULTANTS:

SMALL/MICRO BUSINESS AND DVBES
CDCR must identify all contractors, subcontractors, and consultants who will provide labor or render services in the performance of this Agreement and further identify whether any of the listed subcontractors and consultants are a certified Small/Micro business, or a certified DVBE. Therefore, the bidder must complete a Bidder Declaration (GSPD-05- 105). If any changes occur in the submitted original GSPD-05-105, the Contractor shall notify the Office of Business Services (OBS), in writing within ten (10) working days of those changes, including any changes to Small/Micro business or DVBE status.

CDCR asks that you encourage any subcontractor(s) and/or consultant(s) not currently certified as a Small/Micro business or DVBE that may meet the certification requirements specified herein to become certified through the DGS, OSDS. Please provide those subcontractor(s)/consultant(s) the OSDS contact and certification information provided above.

If you are a certified Small/Micro business enterprise and fail to complete the Prime Contractor information of the CDCR Bidder Acknowledgement/Certification form (OBS 300), your business shall be classified as a large business, which will preclude your bid from receiving the five percent (5%) Small/Micro business preference and can cause incorrect reporting of Small/Micro business and large business participation by CDCR.

If you are a certified DVBE and fail to specify that information on the CDCR Bidder Acknowledgement/Certification form, (OBS 300) your business shall be classified as a large business, which will preclude your bid from receiving any range of the DVBE incentive and cause incorrect reporting of DVBE participation by CDCR.

XXI. BIDDER PROVIDING FACILITY(IES)
Bidders providing facility(ies) for their services must specify the complete address(es) of the facility(ies) where the services will be performed in the appropriate section on the Bidder Acknowledgement/Certification form (OBS 300) in the spaces provided.

The bidder hereby authorizes the State to insert the bidder’s facility(ies) as listed in the CDCR Bidder Acknowledgement/Certification form (OBS 300) into the contract Exhibit A Scope of Work.

Enclosures
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Bidder Acknowledgement/Certification (OBS 300) Bid No. C5611173-D California Department of Corrections and Rehabilitation (CDCR)

The bidder hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work, all Terms and Conditions, Disabled Veteran Business Enterprise (DVBE) requirements, if applicable, and such addenda thereto as may be issued before the public bid opening date, at the rates set forth by the bidder in Exhibit B-1, Rate Sheet. Exhibit B-1 Rate Sheet must be submitted with this Bidder Acknowledgement/Certification form.

Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including any taxes incidental to the specified rates.

By virtue of submitting this bid, the undersigned is accepting the terms and conditions expressed in this IFB. Any and all services performed outside the scope of this Agreement shall be at the sole risk and expense of the bidder.

COMPANY NAME:

STREET ADDRESS: P.O. BOX:

CITY, STATE AND ZIP CODE: CITY, STATE AND ZIP CODE:

TELEPHONE NUMBER: FAX NUMBER:
( ) ( )
FEDERAL ID or SOCIAL SECURITY NUMBER: E-MAIL ADDRESS:

TAX STATUS [ ] Individual/Sole Proprietor [ ] Estate or Trust [ ] Partnership [ ] Corporation (State in which incorporated _______) [ ] Other: ______________________ By signing this document, I 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.

PRINT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:

Bidding Preferences Claimed (Check only the preferences claimed) Preferences: Certification Number/Expiration Date
 DGS certified Small Business
 DGS certified Micro Business
 Non-Small Business Subcontractor Preference (committing use of 25% or more of DGS certified Small/Micro Business Subcontractors) include the OBS 555  DGS certified Disabled Veteran Business Enterprise
 DVBE Incentive requested by bidder (include the completed OBS 554 with bid)  NVSA preference request
 TACPA Attach all applicable forms
Bidder Providing Facility(ies) If the bidder is supplying the facility(ies) for services, please specify the complete address(es) of the facility(ies) where services will be provided (use additional sheets if necessary). The bidder hereby authorizes the State to insert the bidder’s facility(ies) listed below into the Exhibit A Scope of Work.

Street Address, City, State, Zip Code
Street Address, City, State, Zip Code
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BID SUBMITTAL CHECKLIST

LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT MAINTENANCE

AND REPAIR SERVICES
IFB NUMBER C5611173-D
Use this checklist to ensure that the documents identified below are included in your company’s bid package. Place a check mark or “X” next to each document being submitted to the State. Failure to submit these documents may be cause for rejection of your bid. This checklist should also be returned with your bid.

A complete bid will consist of the documents identified below.

NOTE TO BIDDER: The company name identified on all documents submitted to the State (e.g., licenses, permits, certifications) must be identical to the company name written on the Bidder Acknowledgement/Certification (OBS 300). Failure to comply may cause delays in the award or result in the rejection of your bid.
_____ Bid Submittal Checklist (this checklist)
_____ Bidder Acknowledgement/Certification (OBS 300)
_____ Rate Sheet (Exhibit B-1)
_____ Payee Data Record (STD 204)
_____ Copy of valid California city or county business license (if applicable) or, if a corporation located within the State of California, incorporation documents or letter from the Secretary of State or, if not a California business, an affidavit that business is in good standing with the state, province, or country in which business is headquartered.
_____ Contractor’s Published Price List
_____ Contractor Certification Clauses (CCC 04/2017)
_____ Letters of Reference (See Exhibit A, Scope of Work, Section 13 – Qualifications) _____ OBS 1510 California Civil Rights Laws Certification _____ Darfur Contracting Act (OBS 1500)
_____ DVBE Bid Incentive Request and Acknowledgement (OBS 554), if applicable _____ Non-Small Business Preference Request and Subcontractor Acknowledgement (OBS 555), if applicable _____ DVBE Declarations (DGS PD 843), if applicable
_____ GSPD-05-105 Bidder Declaration
NOTE TO BIDDER: In addition to the above, the Contractor shall furnish the following to CDCR upon award.

Copy of required Certificate of Insurance, per Special Terms and Conditions (Exhibit D):
• Proof of Commercial General Liability
• Proof of Automobile Insurance Certificate
• Proof of Worker’s Compensation, if applicable (if exempt, please cite the legal exemption code) #23..
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2. The term of this Agreement is:

SAMPLE
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

LANDFILL SAMPLING, TESTING, MONITORING AND

EQUIPMENT MAINTENANCE AND REPAIR SERVICES

1. INTRODUCTION
The Contractor shall furnish all labor, including travel and per diem, materials, non-consumable supplies, transportation, equipment, and every other item of expense necessary to perform Landfill Sampling, Testing, Monitoring and Equipment Maintenance and Repair Services for the California Department of Corrections and Rehabilitation (CDCR), Sierra Conservation Center (SCC), located at 5100 O’Byrnes Ferry Road, Jamestown, California 95327.

2. EQUIPMENT LIST
Maintenance shall be applicable for the following equipment:

EQUIPMENT

DESCRIPTION
QTY MANUFACTURER MODEL # SERIAL # AGE
(yrs)

EQUIPMENT

LOCATION
Datalogger 1 Campbell
Scientific, Inc.

CR-200 Unknown 10 Landfill
Moisture Sensor 1 Watermark CSI253 Unknown 10 Landfill

3. EQUIPMENT MAINTENANCE
Maintenance for the Landfill Data logger shall be performed on an annual basis at a time mutually agreed upon between the Institution and the Contractor, no later than September 30th of each year.

Maintenance shall include, but not be limited to:
• Diagnostic troubleshooting
• Confirmation of the in-ground moisture sensor output
• Replacement of battery
This service shall be performed one (1) time the third quarter of the second year during the term of this Agreement period and shall be completed no later than September 30th of that year.

This service shall consist of diagnostic troubleshooting and maintenance activities for the Data logger device located at SCC’s closed Landfill to include a comprehensive written report of the findings. The Contractor shall provide all materials and labor necessary to perform the confirmation of the in-ground moisture sensor output operation via diagnostic testing and replacement of the battery. The diagnostic testing and output confirmation services shall be completed in a total of no more than three (3) site visits and will not include the replacement of equipment other than the device battery.

The State reserves the right to add equipment similar to the equipment listed at the commencement of this agreement and delete equipment that has become obsolete. Additional equipment will be serviced at the rates specified herein. The Contractor shall be notified in writing by the Institution Contract Liaison or designee of equipment that has been added and/or removed. #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

4. LANDFILL MONITORING SCHEDULE
The Contractor shall perform environmental monitoring tasks as specified. Dates of service will be as provided by the Institution Contract Liaison or designee upon approval of the Agreement or upon mutually agreed upon dates. Services shall be performed during designated business hours 8:00 a.m. – 4:00 p.m., Monday through Friday, State holidays excluded.

5. LANDFILL MONITORING SERVICES
All services shall be completed in the timeframes specified in the California Regional Water Quality Control Board (CRWQCB) Order 96-010. All measurements will be in accordance with the State of California Regional Water Quality Control Board’s Monitoring and Reporting Program (M&RP) 96-010 and Waste Discharge Requirements (WDR) 96-010.

Task 1. Semi Annual Groundwater Field Parameter Measurements Measure groundwater field parameters (temperature, ground water elevation, specific conductance, pH, and turbidity).

In order to assess the groundwater gradient at the time of sampling, water level measurements shall be made in the seven (7) wells (MW-1 through MW-7) at the beginning of each sampling round prior to purging and sampling the wells. The depth-to-water shall be measured in each well according to the protocol described in the M&RP. The depth-to-water measurements shall then be converted to relative groundwater elevations with respect to mean sea level by subtracting them from the surveyed casing elevations. The resulting ground water elevations shall be assessed to interpret the groundwater gradient at the time of sampling.

Task 2. Semi Annual Groundwater Monitoring Parameters
Purge wells and collect samples as described in the M&RP. The sampling shall be conducted concurrent with the field parameter measurements.

One groundwater sample from each of the seven (7) wells (MW-1 through MW-7) shall be submitted under chain-of-custody control to a laboratory certified by the State of California Toxic Substances Control (DTSC) for the requested analysis. Samples shall be analyzed on a regular laboratory turnaround that may require up to two (2) to three (3) weeks for receipt of analytical data. The four (4) samples shall be analyzed for:
 Total Dissolved Solids (TDS) by EPA Methods
 Total Organic Carbon (TOC)
 Chemical Oxygen Demand (COD)
 Iron (Fe) by EPA Methods
 Chloride (CI) by EPA Methods
 Sodium (Na) by EPA Methods
 Sulfate (SO4) by EPA Methods
 Volatile Organic Compounds (VOCs) by EPA Method 8260
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Task 3. Semi Annual Groundwater Monitoring for Constituents of Concern Purge wells and collect samples as described in the M&RP. The sampling shall be conducted concurrent with the field parameter measurements.

One (1) groundwater sample from each of the seven (7) wells (MW-1 - MW-7) shall be submitted under chain-of-custody control to a laboratory certified by the State of California Toxic Substances Control (DTSC) for the requested analysis. Samples shall be analyzed on a regular laboratory turnaround that may require up to two (2) to three (3) weeks for receipt of analytical data. The four (4) samples shall be analyzed for:
 Alkalinity by EPA Methods
 Bicarbonate
 Calcium (Ca)
 Carbonate (CO3)
 Magnesium (Mg)
 Manganese (Mn)
 Nitrate (as N) by EPA Methods
 Potassium (K)
 Zinc (Zn)
Task 4. Annual Surface Water Field Parameter Measurements Surface water sampling points are designated S1 and S3, and are in an ephemeral stream which conveys surface drainage water from the SCC grounds and flows adjacent to the landfill area.

Surface water samples shall be sampled at locations where storm water runoff leaves the facility during the first storm of the rainy season which produces significant flow and annually (winter) when water is present.

Samples shall be collected from all stations annually and analyzed as specified in the M&RP.

Samples shall be analyzed for:
 Field Parameters
 Temperature
 Specific Conductance
 Turbidity Dissolved Oxygen
Surface water monitoring reports shall be submitted with the corresponding Semi-Annual Detection Monitoring Report and shall include evaluation of potential impacts of the facility on surface water quality.

Task 5. Annual Surface Water Monitoring Parameters
Surface water sampling points are designated S1 and S3, and are in an ephemeral stream which conveys surface drainage water from the SCC grounds and flows adjacent to the landfill area.

Surface water samples shall be sampled at locations where storm water runoff leaves the facility during the first storm of the rainy season which produces significant flow and annually (winter) when water is present.
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Samples shall be collected from all stations annually and analyzed as specified in the M&RP.

Samples shall be analyzed for:
 Total Suspended Solids (TSS)
 Total Dissolved Solids (TDS)
 Oil and Grease
 Volatile Organic Compounds by EPA Method 8260
Surface water monitoring reports shall be submitted with the corresponding Semi-Annual Detection Monitoring Report and shall include evaluation of potential impacts of the facility on surface water quality.

Task 6. Semi-Annual Unsaturated Zone Field Parameter Measurements According to the M&RP, the unsaturated zone shall also be monitored by means of sampling lysimeter LY-1 semi-annual for constituents of concern.

Unsaturated zone monitoring reports shall be submitted with the corresponding semi-annual ground water monitoring and shall include evaluation of potential impacts of the facility on the unsaturated zone. The samples shall be collected at the frequencies and analyzed for the parameters:
 Specific Conductance
 pH
Task 7. Semi-Annual Unsaturated Zone Monitoring Parameters A shallow piezometer is installed to the depth of the lysimeter near LY-1. Observations shall be made at the piezometer each time that samples are collected from the lysimeter. If the piezometer remains dry this shall be recorded. If water is found to be present in the piezometer, depth-towater measurements shall be taken and recorded.

According to the M&RP, the unsaturated zone shall be monitored by means of sampling lysimeter LY-1. Soil pore liquid sampling shall be obtained from LY-1 in the amounts necessary to ensure laboratory analysis of all field and monitoring parameters as specified in the M&RP.

Due to ground conditions, multiple site visits may be required to achieve collection of liquid amounts sufficient for the required analysis. The sampling shall then be submitted under chain-of-custody control to a laboratory certified by the DTSC for the requested analysis.

The sampling shall be analyzed on a regular laboratory turnaround that may require no more than two (2) to three (3) weeks for receipt of analytical data. The soil pore liquid sampling shall be analyzed for:
 Total Dissolved Solids (TDS) by EPA Methods
 Total Organic Carbon (TOPC)
 Chemical Oxygen Demand (COD)
 Iron (Fe) by EPA Methods
 Chloride (CI) by EPA ,methods
 Sodium (Na) by EPA Methods
 Sulfate (SO4) by EPA methods
 Volatile Organic Compounds (VOCs) by EPA method 8260
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Task 8. Semi-Annual Soil Moisture Readings
In accordance with the M&RP, soil moisture readings shall be down loaded quarterly from the two (2) soil moisture sensors on site. The soil moisture readings shall be reported in the semi-annual reports.

Task 9. Semi-Annual Gas Migration Monitoring
Contractor shall monitor the landfill gas migration monitoring probes positioned in and around the perimeter of the landfill in accordance with the M&RP and WDR. The Contractor shall use these gas probes to monitor methane concentrations as stipulated by Title 14, California Code of Regulations (CCR), under the authority of the California Integrated Waste Management Board.

Task 10. Semi-Annual Detection Monitoring Report
Upon completion of the sampling events and receipt and review of the analytical data, a report shall be prepared for SCC and the California Regional Water Quality Control Board, Central Valley Region (Board) on a semi-annual basis. All reports shall comply with content and formatting requirements specified in the M&RP. The report shall include:
 A description of field activities, observations, and protocols;  Tabulated results of sample analyses with copies of certified analytical laboratory results;
 Reported method detection limits and practical quantitation limits. All peaks shall be reported, including those which cannot be quantified and/or specifically identified.  Estimates of groundwater gradient direction and water table contour maps for the groundwater monitoring event;
 Description and documentation of QA/QC procedures employed for field and laboratory work;
 An evaluation of potential impacts of the facility on the unsaturated zone;  A description of any water quality violations that have occurred during the reporting period;
 Results of any monitoring done more frequently than required by the M&RP;  Recalculation of concentration limits (as appropriate); and,  Evaluation of the effectiveness of any corrective actions.

Task 11. Annual Monitoring Summary Report
The Contractor shall prepare an Annual Monitoring Summary Report that complies with the content and formatting requirements specified in the M&RP. The report shall be submitted to SCC and the Board and shall include:
 A description of field activities, observations, and protocols;  Tabulated results of sample analyses with copies of certified analytical laboratory results;
 Reported method detection limits and practical quantitation limits. All peaks shall be reported, including those which cannot be quantified and/or specifically identified.  Both a tabular and graphical summaries of the monitoring data obtained during the previous twelve (12) months, so as to show historical trends at each well. #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

 Estimates of groundwater gradient direction and water table contour maps for the groundwater monitoring event;
 A description of any water quality violations that have occurred during the reporting period; and,
 Description and documentation of QA/QC procedures employed for field and laboratory work.

Task 12. Semi-Annual Amended Report of Waste Discharge When Required Supplemental report proposing an evaluation monitoring program which may be required by CRWQCB in the event the monitoring parameter constituents exceed the allowable maximum contaminant levels (MCL) for reporting purposes triggering a Notice of Violation to the Institution (discharger).

Task 13. 5 Year Groundwater Monitoring for Semi-Volatile Organic Compounds When Required
Purge wells and collect samples as described in the M&RP, The sampling shall be conducted concurrent with the field parameter measurements.

One groundwater sample from each of the three (3) wells (MW-1 through MW-7) shall be submitted under chain-of-custody control to a laboratory certified by the State of California Toxic Substances Control (DTSC) for the requested analysis. Samples shall be analyzed on a regular laboratory turn around that may require up to two (2) to three (3) weeks for receipt of analytical data. The three (3) samples shall be analyzed for:
 Semi-Volatile Organic Compounds(SVOCs) by EPA Method 8270 Task 14. 5 Year Surface Water Monitoring for Constituents of Concern Samples shall be collected from all stations and analyzed as specified in Table 2 of M&RP 96-010; annual samples shall be analyzed for:
 Bicarbonate
 Alkalinity
 Carbonate (CO3)
 Nitrate-Nitrogen
 Sulfate (SO4)
 Calcium (Ca)
 Chloride (CI)
 Iron (Fe)
 Magnesium (Mg)
 Manganese (Mn)
 Potassium (K)
 Sodium (Na)
 Chemical Oxygen Demand (COD)
 Total Organic Carbon (TOC)
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Task 15. 5 Year Unsaturated Zone Monitoring for Constituents of Concern According to the M&RP, the unsaturated zone shall also be monitored by means of sampling lysimeter LY-1 semi-annual for constituents of concern.

On the first sampling round of this authorization, soil pore liquid sampling shall be obtained from LY-1 on the amounts necessary to ensure laboratory analysis of all field and monitoring parameters as specified in the M&RP. Due to ground conditions, multiple site visits may be required to achieve collection of liquid amounts sufficient for the required analysis. The sampling shall be submitted under chain-of-custody control to a laboratory certified by DTSC for the requested analysis. The sample shall be analyzed on a regular laboratory turnaround which may require no more than two (2) or three (3) weeks for receipt of analytical data. The soil pore liquid sampling shall be analyzed for:
 Alkalinity by EPA Methods
 Bicarbonate
 Calcium (Ca)
 Carbonate (CO3)
 Magnesium (Mg)
 Manganese (Mn)
 Nitrate (as N) by EPA Methods
 Potassium (K)
 Zinc (Zn)
 Semi-Volatile Organic Compounds by EPA Method 8270

6. RESULTS EXCEEDING LIMITS
If the Contractor finds a statistically significant increase in indicator parameters or waste constituents over the water quality protection standards at or beyond the Points of Compliance, the Contractor shall notify the Board and SCC in writing within seven (7) days, and shall immediately resample for the constituent(s) or parameter(s) at the point where the standard was exceeded. Any additional action that must be taken in accordance with the M&RP or WDR shall be considered services outside the scope of this Agreement and will be bid and compensated separately.

7. CHAIN OF CUSTODY
The Contractor shall transport samples directly to the laboratory for testing without any intervening handling of the sample in order to maintain a “chain of custody”. Subcontracting any part of this service is prohibited and shall be grounds for immediate termination of the Agreement. Contractor must institute procedural safeguards to ensure exclusive custody and safekeeping of the samples, and designate individuals responsible for custody of the sample.

At the time of pickup by the Contractor, the Contractor shall complete the Log Book designating initials of courier, date, and time of pickup. Once the sample is in the custody of the Contractor, the sample shall remain in the actual and constructive custody of the Contractor until released to laboratory for testing. The Contractor shall maintain an area for storage of samples that, in addition to requirements imposed by other provisions of these specifications, shall be secured from access by any person other than designated custodian. #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

Actual custody shall mean personal and constant control and surveillance over the sample during the transport to or from the secured areas specified above and during the actual time that testing and analytical services are being performed on the samples. Constructive custody shall mean those times when the samples are stored in the secured area specified above.

The Contractor shall ensure that the custody tag shall identify, by signature, the custodian or analyst having custody of the sample and location of the sample during the entire period from the time the sample is submitted to the Contractor until released to laboratory for testing.

8. REPORT SUBMITTALS
The Contractor shall complete all specified services including sample analysis to allow for sufficient time for the preparation and submittal of the reports. The Contractor shall submit all reports in triplicate to the Institution Contract Liaison or designee at SCC. The reports are due no later than January 5 for the semi-annual period of July through December and July 5 for the semiannual period of January through June. The Institution Contract Liaison or designee will review the reports for accuracy and content. The Contractor shall make any necessary report corrections or clarifications within three (3) business days of notification by the Institution Contract Liaison or designee. SCC will be responsible for submitting reports to the Regional Water Quality Control Board.

9. REPAIR SERVICE
The Contractor shall provide unlimited services for any repair on an as needed basis, only when requested or necessary to keep the equipment fully operational. Repair services not covered by the Guarantee section of the Scope of Work, shall be paid by the State at the Repair Hourly Rate, as specified in Exhibit B-1, Rate Sheet. Any parts requiring replacement will be replaced in accordance with the Parts Replacement section.

Repair services shall be provided upon telephone or written request from Institution Contract Liaison or designee. The Contractor shall respond to requests for repair service within one (1) day. Every effort shall be made to perform repair services during normal business hours 8:00 a.m. to 4:00 p.m., Monday through Friday; State holidays excluded. Non-emergency repair services performed outside of designated business hours as specified herein must be approved in advance in writing by the Institution.

The Contractor shall make every attempt to complete repairs within twenty-four (24) to forty- eight (48) hours. Unless the repair requires parts that must be ordered, no repair may take longer than five (5) working days to complete. When a delay in repair will occur due to parts that must be ordered, written notification must be presented to the Institution Contract Liaison or designee immediately.

10. ACCIDENTS/DAMAGES
Damage caused to the equipment covered herein due to fire, abuse, act of God, accident, unauthorized alterations, disasters, the elements, failure of electrical power, misuse, use of unauthorized agents, vandalism or negligence by the State or its officers, agents, employees, or CDCR inmates, are not covered by this agreement except on a time and material basis. Such repairs will be performed by the Contractor at the Contractor’s current, published rates at the time #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

service is required, but only after the Contractor has made an estimate of all costs involved and written documentation has been provided to the Institution Contract Liaison or designee. The Institution Contract Liaison or designee is solely responsible for deciding what, if any, repairs shall be made.

11. GUARANTEE
The Contractor shall guarantee all services performed by the Contractor service technicians, including any replaced parts, for a minimum of 90 days from the date of service performance.

If it is determined that failure has occurred due to defective parts or workmanship, the Contractor shall correct the failure at no additional expense to the State. Correction shall occur during designated State business hours upon request for service by the Institution Contract Liaison or designee.

The Institution Contract Liaison or a designated representative shall be solely responsible for determining acceptability of service, and satisfactory completion of any services provided by the Contractor.

12. PARTS REPLACEMENT
This Agreement will include replacement of any part that becomes worn or inoperable, or that otherwise affects the equipment’s operability in any way. A published price list for parts shall be submitted with the Contractor’s invoice to the State. The Contractor shall notify the Institution, and obtain written approval, prior to ordering and/or installing any part. A written estimate of the required part(s) must be submitted to the Institution and approved before replacement.

SCC reserves the right to purchase repair parts independently. The Contractor shall supply a published price lists from which the Institution Contract Liaison or designee may purchase any parts not listed herein, at the published price rate. The published price list submitted shall be incorporated as Exhibit B-2, Published Price List and made part of this Agreement by reference only. All costs for replacement parts will be in accordance with the rates specified in Exhibit B-1, Rate Sheet and the Exhibit B-2 Published Price List, which shall include a 10% discount, plus sales tax, and paid in arrears.

Parts replaced by the Contractor under this Agreement shall be new, factory manufactured, or of equivalent quality. The Contractor shall maintain an adequate supply and/or be able to obtain within a reasonable amount of time any necessary replacement parts in order to perform repairs and maintenance in a timely manner. Consumables and other supply items are hereby excluded. Any parts that have been replaced become the property of the State.

A published price list for parts shall be submitted with the Contractor’s invoice to the Institution Contract Liaison or designee when approved for purchase. SCC assumes no responsibility and will not reimburse the Contractor for parts that were ordered and/or installed prior to authorization by the Institution Contract Liaison or designee.

13. QUALIFICATIONS
Contractor must have a minimum of two (2) technicians with a minimum of two (2) years experience working with a Geosynthetic Clay Liner (GCL) design and the soil moisture monitoring sensors to monitor the performance of the GCL. Documentation/letters of reference as specified #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A Scope of Work

in Attachment 1, Service Technician Reference form is required to show proof of working experience in this highly specialized area.

14. LICENSES
If the Contractor is located within the State of California, a business license from the city/county in which it is headquartered is necessary. However, if it is a corporation, a copy of incorporation documents/letter from the Secretary of State’s office may be submitted. If a Contractor outside the State of California, Contractor shall include a copy of the business license or incorporation papers from their respective state showing that the company is in good standing in the State.

15. PERSONNEL
The Institution Contract Liaison or designee shall approve in advance all required personnel assigned to this Agreement. If any employee of the Contractor is unable to perform due to illness, resignation, or factors beyond the Contractor’s control, the Contractor shall immediately submit qualifications of proposed substitute personnel to Institution for approval. Failure to do so may be cause for termination of this Agreement.

16. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION CONTACT

INFORMATION
Should questions or problems arise during the term of this Agreement, the Contractor may contact the following offices:

Billing/Payment Issues:

Accounting Services Branch - Sacramento
Phone Number: (916) 255-2042
FAX Number: (916) 255-2103
Scope of Work/Performance Issues:

Sierra Conservation Center (SCC)
Correctional Plant Supervisor
Phone Number: (209) 984-5291 ext. 5288
FAX Number: (209) 984-0924
General Agreement Issues:

Contract Management Branch
Phone Number: (916) 255-5624
FAX Number: (916) 255-6187
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit A-1 Service Report

SERVICE REPORT
Date of Service: ________________
Type of Maintenance/Inspection  Monthly  Quarterly  Semi-Annual  Annual  Safety Inspection  Calibration
__________________ Hours Service Provided (To/From)
Provide explanation on all parts replaced
___________________________________________________________________ Repairs _______________________Hours Service Provided (To/From)

TOTAL REPAIR HOURS
Were parts replaced?  Yes  No
Provide explanation for all parts replaced.

Location of Equipment
Description of Equipment
Equipment Make Make _____________ Model _____________ Serial Number______________ Description of service performed: (use back of this page if more space is needed) Describe any noted deficiencies and suggested corrective action The State assumes no responsibility for any work commenced by the Contractor and will not reimburse the contractor for any work performed prior to approval and scheduling by the Institution Contract Liaison, or designee. Payment will only be made on invoices accompanied by a Service Report signed by the Institution Contract Liaison, or designee.

Name of Service Technician/Contractor Authorized Institution Personnel Print Name Here Print Name Here
Signature Date Signature Date
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TBB Bid Number C5611173-D
California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions

1. Invoicing and Payment
a. For services satisfactorily rendered, and upon receipt and approval of Contractor’s invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and the current Contractor’s Published Rates, published at the time of contract award which are incorporated herein by reference only as Exhibit B-2, Published Price List and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.
b. Invoices shall include the Agreement Number, Purchase Order Number and shall be submitted in triplicate not more frequently than monthly in arrears to the address provided below.
c. The Contractor also has the option to submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above. 1) To submit invoices by mail for Institutions, DJJ Facilities, DJJ Headquarters, and Board of Parole Hearing contracts:

California Department of Corrections and Rehabilitation (CDCR) ASB - Sacramento
Attention: Accounts Payable B
P.O. Box 187016
Sacramento, CA 95818-7016
For electronic submission, send invoices to:

[email protected]

2. Budget Contingency Clause
a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal 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 the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, 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.
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TBB Bid Number C5611173-D
California Department of Corrections And Rehabilitation (CDCR) Exhibit B Budget Details and Payment Provisions

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. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

4. Subcontractors
Nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor’s responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

5. Advanced Payment for Non-Profit Organizations
Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty five percent (25%) of the annual budget for each fiscal year. The CDCR will review and determine the need for an advance payment using the criteria contained in the department’s procedures for advance payments to Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each fiscal year of the agreement.

6. Bidder Acknowledgement/Certification (OBS 300)
The Contractor hereby agrees to provide all labor, materials, supplies, licenses, permits, equipment and transportation necessary to perform all services required for the foregoing titled work in accordance with the Scope of Work and all Terms and Conditions.

Any and all services performed outside the scope of this Agreement will be at the sole risk and expense of the Contractor.
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TBB
California Department of Corrections and Rehabilitation (CDCR) Rate Sheet
Bid Number C5611173-D
Exhibit B-1
Cost per
Service X
Est. # of
Services = Total
X 6 = $ -
X 6 = $ -
X 6 = $ -
X 3 = $ -
X 3 = $ -
X 6 = $ -
X 6 = $ -
X 6 = $ -
X 6 = $ -
X 6 = $ -
X 3 = $ -
X 6 = $ -
X 6 = $ -
Task 1. Semi-Annual Groundwater Field Parameter
Measurements
Task 2. Semi Annual Groundwater Monitoring Parameters
Task 3. Semi Annual Groundwater Monitoring for
Constituents of Concern
Task 5. Annual Surface Water Monitoring Parameters

LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT MAINTENANCE AND REPAIR SERVICES Electronic bid packages include an Excel version of the Rate Sheet (Exhibit B-1) in addition to the PDF file in order to assist bidders in computing accurate totals. Bidders should download the Excel version and complete all highlighted cells. Any quantities listed on Exhibit B-1 are CDCR's estimates only and are offered as a basis for the comparison of bids. 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.

NOTE: Bidder is required to bid each item. Failure to indicate a dollar amount in any item will be grounds to reject the entire bid. A zero dollar ($0.00) amount listed for any and all items will be interpreted and understood by the State to mean that the bidder indicating a zero dollar amount shall perform any such services at no cost to the State. Any and all services performed outside of the Scope of Work shall be the sole risk and expense of the Contractor.

The hourly rate will be charged beginning when the Contractor arrives and checks in at the designated location. The time will end when the Contractor finishes providing the repair services required. Any loss of time checking in and out of the Institution gates and sallyports shall be borne by the Contractor.

A. LANDFILL MONITORING
Task 4. Annual Surface Water Field Parameter
Measurements
Task 7. Semi-Annual Unsaturated Zone Monitoring
Parmaeters
Task 9. Semi-Annual Gas Migration Monitoring
Task 10. Semi-Annual Detection Monitoring Report
Task 8. Semi-Annual Soil Moisture Readings
Task 12. Semi-Annual Amended Report of Waste Discharge
When Required
Task 6. Semi-Annual Unsaturated Zone Field Parameter
Measurements
Description
Task 11. Annual Monitoring Summary Report
Task 13. 5 Year Groundwater Monitoring for Semi-Volatile Organic Compounds When Required

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TBB
California Department of Corrections and Rehabilitation (CDCR) Rate Sheet
Bid Number C5611173-D
Exhibit B-1
X 1 = $ -
X 1 = $ -
$ -
Cost Per
Hour X Est. # of Hours = Total
X 48 = $ -
$ -
C. PARTS
$10,000.00
$ -

BASIS FOR
AWARD
_____%
TOTAL AMOUNT FOR A =
* The percent of discount (highest discount prevails) may be used in the event of tie bids. Refer to the Notice to Prospective Bidders, Bid Submission Requirements.

Repair Hourly Rate (Designated Business Hours)
Description
B. REPAIR HOURLY RATE
TOTAL AMOUNT OF AGREEMENT (SUM OF A+B+C) =
Contractor may offer a discount on amount paid on invoices received and accepted by CDCR in order for the invoices to be paid within thirty (30) days of receipt. Discount offered on invoices must be at least one (1%) percent of the amount and a minimum of $50.00.

Discount offered on invoices to be paid within 30 days of receipt = Parts Estimate for term of Agreement
TOTAL AMOUNT FOR B =
Task 14. 5 Year Surface Water Monitoring for Constituents of Concern
Task 15. 5 Year Unsaturated Zone Monitoring for
Constituents of Concern

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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

1. Contract Disputes (Supersedes provision number 6, Disputes, of Exhibit C) As a condition precedent to Contractor’s right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor’s failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies.

Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor’s failure to diligently proceed shall constitute a material breach of the Agreement.

The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper.
a. Final Payment
The acceptance by Contractor of final payment shall release the California Department of Corrections and Rehabilitation (CDCR) from all claims, demands and liability to Contractor for everything done or furnished in connection with this work and from every act and neglect of CDCR and others relating to or arising out of this work except for any claim previously accepted and/or in process of resolution. b. Informal Appeal
Contractor and the program or institution contract liaison, or other designated CDCR employee of the unit for which the goods are being delivered or the service is being performed, shall first attempt in good faith to resolve the dispute or claim by informal discussion(s). Contractor shall identify the issues and the relief sought. Informal discussion(s) between Contractor and contract liaison, or the designated CDCR employee, shall be written, dated, and signed by the authors.

The program or institution contract liaison shall issue an informal written statement to Contractor regarding the dispute within fifteen (15) calendar days following settlement or an impasse in the informal discussion(s) process. The written statement shall either: (1) document the dispute settlement and what, if any, conditions were reached; or, (2) document the reason(s) the dispute could not be resolved informally and provide notification to Contractor of its option to file a formal appeal within thirty (30) days of the informal statement. One (1) copy of the informal statement and the discussion(s) on which it is based shall be forwarded immediately to the Office of Business Services (OBS) for inclusion in the Agreement file.
c. Formal Appeal
If the dispute or claim is not resolved to Contractor’s satisfaction by the informal appeal process, Contractor may file with the Associate Director, OBS, and a formal written appeal within thirty (30) calendar days of the date of CDCR’s informal written decision.

The formal written appeal shall be addressed as follows:
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

(SUBJECT)
Associate Director
Office of Business Services
California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
Contractor shall specify in the formal written appeal the issue(s) in dispute, the particular relief or remedy sought, the factual basis for Contractor’s claim or dispute, and Contractor’s legal, technical and/or other authority upon which Contractor bases its claim or dispute.

The formal written appeal shall include a written certification signed by a knowledgeable company official under the penalty of perjury according to the laws of the State of California pursuant to California Code of Civil Procedure Section 2015.5 that the dispute, claim, or demand is made in good faith, and that the supporting data are accurate and complete. If an Agreement adjustment is requested, the written certification shall further state under penalty of perjury that the relief requested accurately reflects the Agreement adjustment for which the CDCR is responsible.

If Contractor is a corporation, the written certification shall be signed by an officer thereof. If Contractor is a sole proprietorship or partnership, it shall be signed by an owner or full partner. If Contractor is other than a corporation, sole proprietorship or partnership, it shall be signed by a principal of the company with authority to bind the company.

The Associate Director, OBS, shall issue a formal written decision on behalf of CDCR within thirty (30) calendar days of receipt of the properly addressed formal written appeal. If mutually agreed by the parties, the date for the issuance of CDCR’s final written decision may be extended.
d. Further Resolution
If the dispute is not resolved by the formal appeal process to Contractor’s satisfaction, or Contractor has not received a written decision from the Associate Director, OBS, after thirty (30) calendar days, or other mutually agreed extension, Contractor may thereafter pursue its right to institute other dispute resolution process, if any, available under the laws of the State of California.
e. Contract Disputes with Public Entities
A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California.

2. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C) The State reserves the right to terminate this Agreement subject to thirty (30) calendar days written notice to the Contractor. Contractor may submit a written request to terminate this #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

Agreement only if the State should substantially fail to perform its responsibilities as provided herein.

Additionally, the State reserves the right to terminate this Agreement subject to thirty (30) calendar days written notice to the Contractor should it be later identified as a service which can be consolidated into a statewide/regionalized Agreement. The State may exercise its option to cancel the remaining years of this Agreement, should it be decided that with additional institutions and/or sites, the State would receive a better rate for the same service.

However, the State can immediately terminate this Agreement 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 the State’s notification to the Contractor.

This Agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s 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.

3. 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.

4. Responsibility Hearing
If this Agreement is terminated for cause, CDCR reserves the right to conduct a responsibility hearing to determine if the Contractor is a responsible bidder before an award of future Agreements can be made.

5. Confidentiality of Data
All financial, statistical, personal, technical and other data and information relating to State’s operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure.

If the methods and procedures employed by the Contractor for the protection of the Contractor’s data and information are deemed by the State to be adequate for the protection of the State’s confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor’s possession #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties.

No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) in violation of any state or federal law.

Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals.

6. Compliance with Legal Requirements
The Contractor shall be aware of and comply with all Federal and State statutes, rules, regulations, and CDCR policies and directives (“CDCR Policies”) applicable to the Contract.

CDCR policies shall include, but are not limited to the Department Operations Manual (DOM), California Code of Regulations Title 15, any policy memoranda issued by the CDCR Secretary or jointly with the Receiver, California Correctional Health Care Services (CCHCS), and any similar department-wide guidance that may be issued by proper authority, of which the Contractor has been informed by CDCR or has been published on the CDCR public internet web site, CDCR.ca.gov.

7. 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 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

8. Liability for Loss and Damages
Any damages by the Contractor to the State’s facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement.

9. Computer Software Management Memo
Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

10. Accounting Principles
The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a Contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit.

11. Liability for Nonconforming Work
All work provided by the Contractor shall conform to the latest requirement of federal, state, city and county regulations. Contractor is responsible for compliance with all applicable laws, codes, rules and regulations in connection with work performed under this Agreement.

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, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects.

12. 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. Additionally, the Contractor shall notify CDCR, OBS in writing within ten (10) working days of any changes to the subcontractor and/or consultant information.

13. 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.

14. Temporary Nonperformance
If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor’s inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price.

15. Extension of Term
This Agreement may not be amended to extend the term except where necessary to complete performance of the original agreement and not to provide for additional services.

16. Employment of Ex-Offenders
Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement:
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

a. Ex-Offenders on active parole or probation, who have been on active parole or probation during the last three years preceding their employment; b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal Code Sections 4570-4574 (Unauthorized Communications with Prisons and Prisoners Offenses);
c. Ex-Offenders required to register as a sex offender pursuant to Penal Code Section 290 or if such ex-offender has an offense history involving a “violent felony” as defined in subparagraph (c) of Penal Code Section 667.5; or
d. Any ex-offender in a position which provides direct supervision of parolees, except in the following instances:

1. Contractor shall only employ ex-offenders who can provide written evidence of having satisfactorily completed parole or probation, and who have remained off parole or probation, and have had no arrests or convictions within the past three years.

An ex-offender whose assigned duties involve administrative or policy decision-making, accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State or Contractor. Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender.

17. Electronic Waste Recycling
The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance.

18. Tax
The State of California and Contractor will each bear their own respective federal, state and local tax liabilities arising from this Agreement. It is expressly understood that neither the State nor the Contractor will assign, shift, pass on or otherwise assume the tax liabilities of the other party.

19. Licenses and Permits
The Contractor shall be an individual or firm licensed to do business in California and shall obtain at Contractor’s expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.

In the event any license(s) and/or permit(s) expire at any time during the term of this Agreement, Contractor agrees to provide CDCR with a copy of the renewed license(s) and/or permit(s) within thirty (30) days following the expiration date. In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), the State #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

20. Permits and Certifications from State Board of Equalization This solicitation and any resulting Agreement 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.

21. Darfur Contracting Act
Effective January 1, 2009, CDCR generally cannot contract with “scrutinized” companies that do business in the African nation of Sudan, as described in Public Contract Code Sections 10475-10478. A company that currently has (or within the previous three years has had) business activities or other operations outside of the United States must certify that it is not a “scrutinized” company when it submits a bid or proposal to CDCR. A scrutinized company may still submit a bid or proposal for a contract with CDCR if the company first obtains permission from the Department of General Services (DGS).

All bidders must submit a completed OBS 1500 verifying status, with their bid proposal.

22. Conflict of Interest
The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest. a. Contractors and Their Employees
Consultant Contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within thirty (30) days after the expiration of the Agreement. Other service Contractors and/or certain of their employees may be required to file a Form 700 if so requested by CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service Contractors (other than consultant Contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists:

1. The Agreement service has been identified by CDCR as one where there is a greater likelihood that a conflict of interest may occur;

2. The Contractor and/or Contractor’s employee(s), pursuant to the Agreement, makes or influences a governmental decision; or
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

3. The Contractor and/or Contractor’s employee(s) serves in a staff capacity with CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for CDCR that would otherwise be performed by an individual holding a position specified in CDCR’s Conflict of Interest Code.
b. Current State Employees

1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2. No officer or employee shall contract on his or her own behalf as an independent Contractor with any state agency to provide goods or services.

3. In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of:
a. Using an official position for private gain;
b. Giving preferential treatment to any particular person; c. Losing independence or impartiality;
d. Making a decision outside of official channels; and
e. Affecting adversely the confidence of the public or local officials in the integrity of the program.

4. Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. c. Former State Employees

1. For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency.

2. For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policymaking position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service.

In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either directly or indirectly through an affiliated company, person or business unless specifically authorized in writing by the CDCR. In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with inmates or parolees, except to the extent that such financial dealings create #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by CDCR. For the purposes of this paragraph, “affiliated company, person or business” means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders, either directly or indirectly. “Affiliated companies, persons or businesses” include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders.

The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement.

The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor’s business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor’s business status or structure that could affect the performance of the Contractor’s duties under the Agreement.

If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void.

Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem.

23. Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known to State staff, made by any inmate or parolee, which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State.

24. Additional Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for any injuries caused by exposure to any blood borne pathogens, aerosol transmissible diseases, or communicable diseases. Contractor agrees that it shall comply fully with all applicable Cal/OSHA regulations concerning protection of the Contractor’s employees from diseases; including Title 8, California Code of Regulations section 5193 (Blood Borne Pathogens), and Title 8, section 5199 (Aerosol Transmissible Diseases). Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents and employees from any and all #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

claims and losses accruing or resulting to any of the Contractor’s employees arising out of exposure to any blood borne pathogen, aerosol transmissible disease, or communicable disease during the Contractor’s performance of the Agreement.

25. Security Clearance/Fingerprinting
The State reserves the right to conduct fingerprinting and/or security clearance through the Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to award and at any time during the term of the Agreement, in order to permit Contractor and/or Contractor’s employee access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined.

26. Notification of Personnel Changes
Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor’s employee(s) upon their departure or termination.

27. Contractor Employee Misconduct
During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to inmates/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDCR that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR inmates and/or parolees at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement.

28. Workers’ Compensation
Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this Agreement, carry workers’ compensation insurance, at Contractor’s expenses, or that it is self-insured through a policy acceptable to CDCR, for all of its employees who will be engaged in the performance of this Agreement. Such coverage will be a condition of CDCR’s obligation to pay for services provided under this Agreement. #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

Prior to approval of this Agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers’ compensation coverage. Contractor agrees that the workers’ compensation insurance shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled at any time during the term of this Agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the Agreement or for a period of not less than one year. The State reserves the right to verify the Contractor’s evidence of coverage. In the event the Contractor fails to keep workers’ compensation insurance coverage in effect at all times, the State reserves the right to terminate this Agreement and seek any other remedies afforded by the laws of this State.

Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor’s workers’ compensation claims and losses by Contractor’s officers, agents and employees related to the performance of this Agreement.

29. Insurance Requirements
Insurance as required herein shall be a condition of the State’s obligation to pay for services provided under this Agreement. Prior to approval of this Agreement and before performing any work, Contractor and any subcontractor shall furnish to the State evidence of valid coverage. The following shall be considered evidence of coverage: A certificate of insurance, a “true and certified” copy of the policy, or any other proof of coverage issued by Contractor’s insurance carrier. Binders are not acceptable as evidence of coverage.

Providing evidence of coverage to the State conveys no rights or privileges to the State, nor does it insure any State employee or insure any premises owned, leased, used by or otherwise or under the control of the State. It does, however, serve to provide the State with proof that the Contractor and any subcontractor are insured at the minimum levels required by the State of California.

Contractor agrees that any liability insurance required in the performance of this Agreement shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled during the term of this Agreement, Contractor shall provide the State within five (5) business days of receipt by contractor a copy of any notice of cancellation or non-renewal of insurance required by the contract. Evidence of coverage required in the performance of this Agreement shall not be for less than the remainder of the term of this Agreement or for a period of not less than one year. The State and the Department of General Services (DGS) reserve the right to verify the Contractor’s evidence of coverage; evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails to keep insurance coverage at all times as required, the State reserves the right to terminate this Agreement and to seek any other remedies afforded by the laws of the State of California.

For all companies and/or businesses and individual providers, the Contractor hereby represents and warrants that the Contractor is currently and shall be, for the duration of this Agreement, at Contractor’s expense insured against:

Commercial General Liability - Provider agrees to carry a minimum of $1,000,000 per occurrence for bodily injury and property damage liability combined (not required if medical services are provided at the institution).
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

The certificate of insurance must include the following provisions:
• The California Department of Corrections and Rehabilitation must be named as the “Certificate Holder” and list the following:

State of California
California Department of Corrections and Rehabilitation Office of Business Services
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
• The State of California, its officers, agents, employees, and servants are hereby named as additional insured but only with respect to work performed for the State of California, under the contract (SCM 7.40).

Auto Liability – Contractor agrees to carry a minimum of $1,000,000 per claim for bodily injury and property damage liability combined.

30. Disabled Veteran Business Enterprise (DVBE)
If this Agreement is exempt from DVBE requirements, CDCR requests your assistance in achieving legislatively established goals for the participation of DVBEs by reporting any certified DVBEs that will be used in the performance of this Agreement.

31. Small Business and DVBE Participation – Commercially Useful Functions This solicitation and any resulting Agreement shall be subject to all requirements as set forth in the following code:

Government Code Sections 14837, 14839, 14842, 14842.5
Military and Veterans Code (MVC) Sections 999, 999.6, 999.9 In part, these codes involve requirements for businesses to qualify as a California certified Small Business, Micro business and/or DVBE. The aforementioned companies must perform a commercially useful function to be eligible for award and be “domiciled” in California. A supplier’s bid will be considered non-responsive and rejected for failure to comply with the definition and requirements set forth in the statutes Contractors found to be in violation of certain provisions within these code sections may be subject to loss of certification, penalties and Agreement cancellation.

32. DVBE Replacement Request
Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veteran’s Code (MVC) § 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). The Contractor shall submit requests for DVBE substitutions electronically on the DVBE Substitution form with justification for the substitution to the Office of Business Services; [email protected] (for institution-related contracts) or to [email protected] (for all other #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

requests). For assistance with access to the “DVBE Substitution” form and instructions, contact the Department of Corrections and Rehabilitation Office of Business Services SB/DVBE Advocate at [email protected]. Requests to replace a DVBE subcontractor must be amply documented to show that the replacement meets the criteria as specified in the California Code of Regulations (CCR), Title II, Section 1896.64(c) or the Public Contract Code (PCC) § 4107 (for public works). Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in MVC § 999.9; PCC § 10115.10, or PCC § 4110 (for public works contracts).

33. DVBE Payment Certification
Military and Veterans Code (MVC) 999.5(d) requires prime contractors to certify that payments to DVBE subcontractors were made upon completion of the contract and allows the awarding department to requests proof of payment. Senate Bill 588 requires prime contractors to certify that payments to DVBE subcontractors were made upon final invoice submittal. MVC 999.7 states that the department shall withhold up to $10,000 from the final payment until the prime contractor complies with the certification requirements in MVC 999.5(d).

Prime contractors shall return the completed Prime Contractor’s Certification – DVBE Subcontractor Report (STD 817) with proof of payment to the DVBE subcontractor via email to “[email protected]” for processing and inclusion in the contract file with the final invoice. If the STD 817 is not submitted with the final invoice or submitted incomplete, up to $10,000 will be withheld from the prime contractor’s final payment pending receipt of a complete and accurate STD 817.

34. Travel
Contractor’s rates shall include all travel expenses required to perform services in accordance with this Agreement.

35. Work Area
Contractor will ensure that the work area is kept clean and free of debris, as necessary, to maintain a safe working environment for staff and inmates. While working on equipment, Contractor agrees to perform services with as little disruption to the State’s operations as possible. All tools, equipment and other work materials belonging to the Contractor will be removed from the institution at the end of each working day. The State shall not be responsible for storage of any Contractor property.

36. Materials and Workmanship
All materials used and all work performed under the contract shall conform in all respects to the latest amended rules, regulations and requirements which are set forth in the Uniform Building Code, Uniform Plumbing Code; National Electric Code; California Electric Safety Orders; California Department of Industrial Relations, Division of Industrial Safety regulations; and any other regulatory requirement having jurisdiction over this type of work.

Materials, articles or equipment furnished by the Contractor for incorporation into the work shall be new. When the contract documents indicate or require that such materials, articles #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

or equipment are to be furnished, but the quality or kind thereof is not particularly specified, shown or indicated, the Contractor shall furnish materials, articles or equipment at least equal to the class or quality of the materials, articles or equipment that are specified, shown or indicated. Substantiating data of the equal item shall be presented to the State within thirty-five (35) calendar days after the award of the contract. All work shall be performed in a first class and workman-like manner in accordance with the true intent and meaning of the Plans and Specifications. Every part of the work shall be accomplished by the workers, laborers or mechanics especially skilled in the class of work required and workmanship shall be the best.

Completed work shall be to the entire satisfaction of the State of California. The State shall be the sole judge as to whether the materials or workmanship is acceptable. Should any portion of the completed work or any materials, articles or equipment delivered fail to comply with the requirements of the contract, such work, materials, articles or equipment shall be rejected. The Contractor shall immediately replace all unacceptable materials at its own expense; all unacceptable work shall immediately be made satisfactory to the State by the Contractor at no additional expense to the State. Any materials, articles or equipment that has been rejected shall immediately be removed from the premises at the expense of the Contractor.

37. Equipment
Restrictions may be placed on the quantity and type of equipment and materials left within existing facilities during breaks, meals or at the end of each workday.

38. Tuberculosis (TB) Testing
In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community-based program, Contractors and their employees who are assigned to work with, near, or around inmates/parolees shall be required to be examined and tested or medically evaluated by a licensed healthcare provider for TB in an infectious or contagious stage prior to the performance of contracted duties, and at least once a year thereafter (within 12 months of their initial or previous TB test under this contract), or more often as directed by CDCR.

Contractors and their employees who have any contact (physical or nonphysical) with inmates/parolees, shall be required to furnish to the CDCR Program/Institution Contract Manager, at no cost to CDCR, a documented Tuberculosis (TB) evaluation/test for TB infection (Tuberculin Skin Test (TST) or a blood test Interferon Gamma Release Assay (IGRA) completed within (30) thirty days of the start date of the services and be certified to be free of TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming their contracted duties and annually thereafter.

The following provisions apply to services provided on departmental and/or institution grounds:

39. Bloodborne Pathogens
Contractor shall adhere to California Division of Occupational Safety and Health (CALOSHA) regulations and guidelines pertaining to bloodborne pathogens. #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

40. Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates and Division of Juvenile Justice Wards Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around inmates who are incarcerated, or wards who are housed within California’s institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with prison inmates or wards. The following is a summation of pertinent information when nondepartmental employees come in contact with prison inmates or wards.

By signing this contract, the Contractor agrees that if the provisions of the contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison inmates or wards:
a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison inmates or wards.

Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps.

SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415, and California Welfare and Institutions Code (WIC) Section 1712.
b. CDCR does not recognize hostages for bargaining purposes. CDCR has a “NO HOSTAGE” policy and all prison inmates, wards, visitors, and employees shall be made aware of this.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and 4603; WIC Section 1712.
c. All persons entering onto institution/facility or camp grounds consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises.

SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, 3288, 4696, and 4697; WIC 1712.
d. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Director, Warden, and/or Regional Parole Administrator.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176(a) and 4696; WIC Section 1712.
e. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR adult institutions/facilities or camps, or youth institutions/facilities or camps in the nighttime, without the prior approval of the Warden or officer in charge.

It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution.
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and 3289; WIC Section 1001.7.
f. Encouraging and/or assisting prison inmates to escape, is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison inmates or wards firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices, and written materials and pictures whose sale is prohibited to minors.

SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and 4574; Title 15, Sections 4681 and 4710; WIC Sections 1001.5 and 1152. g. It is illegal to give or take letters from inmates or wards without the authorization of the Warden or officer in charge. It is also illegal to give or receive any type of gift and/or gratuities from prison inmates or wards.

SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, 3425 and 4045; WIC Section 1712.
h. In an emergency situation, the visiting program and other program activities may be suspended.

SOURCE: PC Section 2601; CCR, Title 15, Sections 3383, 4002.5 and 4696. i. For security reasons, visitors must not wear clothing that in any way resembles state issued prison inmate or ward clothing (blue denim shirts, blue denim pants).

SOURCE: CCR, Title 15, Section 3174(b)(1) and 4696.
j. Interviews with SPECIFIC INMATES are not permitted. Conspiring with an inmate to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. Interviews with individual wards are permitted with written consent of each ward if he is 18 years of age or older, or with written consent of a parent, legal guardian, or committing court, if 17 years of age or younger.

SOURCE: CCR, Title 15, Sections 3261.5, 3315(a)(3)(X), and 3177 and 4700(a)(1).

41. Clothing Restrictions
While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by inmates at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is inmate attire. The Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance.
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

42. Tobacco-Free Environment
Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of CDCR is prohibited.

43. Prison Rape Elimination Policy
CDCR maintains a zero tolerance for sexual misconduct in its institutions, community correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited.

CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/prevention, detection, response, investigation and tracking of sexual misconduct and to address successful community re-entry of the victim.

All Contractors and their employees are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5, Article 44.

If you are providing services for the confinement of our inmates, you and your staff are required to adopt and comply with the PREA standards, 28 Code of Federal Regulations (CFR) Part 115 and with CDCR’s Department Operations Manual, Chapter 5, Article 44, including updates to this policy. This will include CDCR staff and outside audit personnel (who also conduct PREA audits of state prisons) conducting audits to ensure compliance with the standards.

As a Contractor with CDCR, you shall not assign an employee to a CDCR facility or assign an employee to duties if that employee will have contact with CDCR inmates, if that employee has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described in this section.

The Contractor shall conduct a criminal background records check for each contract employee who will have contact with CDCR inmates and retain the results for audit purposes. By signing this contract the Contractor agrees to ensure that all of the mandates of this Section 5: Prison Rape Elimination Policy are complied with. Material omissions, by the contract employee, regarding such misconduct or the provision of materially false information, shall be grounds for removal from institutional grounds.

Contract employees, who have contact with inmates, shall be provided training via the Exhibit titled; “PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational Sheet” to learn their responsibilities under the agency’s sexual abuse and sexual harassment prevention, detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the institution before a contract employee may have contact with inmates.

Any contract employee who appears to have engaged in sexual misconduct of an inmate shall be prohibited from contact with inmates and shall be subject to administrative and/or #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly not criminal. Reportable information shall be sent to relevant licensing bodies.

44. Security Regulations
a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor’s employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor’s parking lot. Contractor, Contractor’s employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds. b. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise. c. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor’s loss due to fire. d. Due to security procedures, the Contractor, Contractor’s employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in and out of the institution gates and sally ports shall be borne by the Contractor.
e. Contractor, Contractor’s employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities. f. Electronic and communicative devices such as pagers, cell phones and cameras/micro cameras are not permitted on institution grounds. g. Contractor, Contractor’s employees and subcontractors shall not cause undue interference with the operations of the institution.
h. No picketing is allowed on State property.

45. Gate Clearance
Contractor and Contractor’s employee(s) and/or subcontractor(s) must be cleared prior to providing services. The Contractor will be required to complete a Request for Gate Clearance for all persons entering the facility a minimum of ten (10) working days prior to commencement of service. The Request for Gate Clearance must include the person’s name, social security number, valid state driver’s license number or state identification card number and date of birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement Telecommunications System (CLETS) check. The check will include Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check.

Gate clearance may be denied for the following reasons: Individual’s presence in the institution presents a serious threat to security, individual has been charged with a serious #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit D Special Terms and Conditions

crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity.

All persons entering the facilities must have a valid state driver’s license or photo identification card on their person.
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TBB
California Department of Corrections and Re, ,abilitation (CDCR) California Regional Water Quality Cont�ol Board Order No. 96-010

CALIFORNIA REGIONAL
CENTRAL V AllEY

WATER QUALITY CONTROL BOARD
REGION
ORDER NO. 96-010

WASTE DISCHARGE REQUIREMENTS
FOR

CLOSURE OF SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA-DEPARTMENT OF CORRECTIONS . CLASS ill LANDFILL

TUOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
The California Regional Water Quality Control Board, Central Valley Region, (hereafter Board) finds that:

1. The State of California-Department of Corrections (hereafter Discharger) owns and operates the Sierra Conservation Center Landfill. These Waste Discharge Requirements (WDRs) are in conformance with Title 23, California Code of Regulations (23 CCR), Division 3, Chapter 15 (hereafter Chapter 15). The Discharger submitted a Solid Waste Water Quality Assessment Test (SWAT), dated 30 September 1992, and a Final Closure and Postclosure Maintenance Plan (Closure Plan), dated 30 July 1993, and subsequently amended on 23 September 1994. These WDRs reflect the approved closure and postclosure maintenance plans for the facility.

2. The landfill is part of a prison complex owned by the State of California and operated by the Department of Corrections. The Sierra Conservation Center is approximately 4.5 miles south of New Melones Lake in Section 34, TlN, Rl4 E, MDB&M, as shown on Attachment A, which is incorporated herein and made part of this Order. The landfill is found on the southwest part of the property, immediately south of the shooting range as·shown on Attachment B, which is incorporated herein and made part of this Order.

3. The 29,400 square foot (0.7 acre) landfill has an average depth of 8 feet. The total volume of waste disposed at the site is estimated to be approximately 11,000 cubic yards. Land filling activities by the Sierra Conservation Center took place for approximately 25 years in a gully in the southwest comer of the complex. Land filling was discontinued in the fall of 1987 at which time approximately a one foot thick layer of soil was spread over the disposal site.

4. The Report of Waste Discharge (Closure and Postclosure Maintenance Plans) requests waste discharge requirements (WDRs) for the closure and postclosure maintenance of the Class III landfill.

Upon Board approval of the closure plans, the Discharger proceeded with closure construction activities. One component of the closure included an engineered alternative barrier layer containment system as part of the final cover design.

5. The alternative engineering design and materials for the barrier component of the final cover demonstrated compliance with the prescriptive standards contained in Chapter 15, Article 8. The Discharger also demonstrated that the design was in accordance with Subsections 2510(b) and (c) of Article l. Subsections 251Q(b) and (c) describe the Board's authority to consider alternatives to construction or prescriptive standards. The Discharger demonstrated that the engineered alternative is feasible and consistent with the performance goal and affords equivalent protection against water quality impairment; that the prescriptive standard is unreasonable and unnecessarily burdensome and will cost substantially more.

6. Final closure activities occurred in the fall of 1994. Construction of the capping of the landfill with an impermeable barrier constitutes corrective action measures to mitigate the infiltration of water to · prevent the generation of leachate in the landfill. The Monitoring and Reporting Program Order

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California Department of Corrections and Re11dbilitalion (CDCR) California Regional Water Quality Control Board Order No. 96-010 Bid Number C5611173-D
Exhibit E
WASTE DISCHARGE REQUIREiv,..,,-trS

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA PEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
-2-
No. 96-010 shall verify the effectiveness of the mitigation measures by analyzing the unsaturated zone, ground and surface wat�r quality.

7. Based on borings drilled through the waste, the landfill consisted of metal, plastic, household items {mattress, shoes, shirts, cutlery), wood, and ash. One D-cell battery was found. No aerosol cans, paint cans, cleaning fluid containers, or other objects that could be a source of hazardous constituents were observed. These wastes are classified as 'non-hazardous solid waste' or 'inert waste' using the criteria set forth in Chapter 15.

8. Because the Discharger ceased disposing of waste prior to 9 October 1991, updated RCRA Subtitle "D" requirements are not applicable to this facility.

SITE DESCRIPTION

9. The Sierra Conservation Center is approximately 4.5 miles south of New Melones Lake east of the Stanislaus River in the western foothills of the Sierra Nevada geornorphic province of California.

The geology along the western Sierra Nevada is characterized by a belt of strongly deformed but weakly metamorphosed rocks.

10. Land use within 1000 feet of the facility consists of a prison site with the main compound to the north east, a shooting r!3Dge to north west, and a water treatment facility directly north. Land surrounding the site will becolT!e an unused open area. The SCC will continue to operate the correctional facility for the conceivable future and has no plans to build structures in the immediate vicinity or the landfill.

11. The main structural feature in the area of the Sierra Conservation Center is the Bear Mountain Fault which runs in a northeasterly direction. The fault crosses through the Sierra Conservation Center site on the western side. This fault, in addition to the Melones Fault to the east, make up the Foothills fault system. The fault system has been characterized as being able to produce an earthquake of magnitude 6.5 on the Richter scale. Local underlying rock comprises variable layers consisting of metasedirnents (shales, muscovite schists, hornblende schists), and metavolcanics (chlorite schists, serpentinite schists and "greenstone"). Dominant metamorphic rocks strike to the northwest, dip steeply to the west or to near vertical.

12. Ground water was encountered in borings B-1 and B-2 at a depth of approximately 15 and 10 feet, respectively. Ground water was observed approximately 1-1/2 feet below the waste in B-1 and approximately 2 to 3 feet below the waste in B-2. Ground water did not appear to be in direct contact with the waste, but it did appear to be perched in the alluvium or weathered zone bedrock.

Penetration of water into the bedrock may be possible through open joints or fractures. There is no evidence of any geologic conditions which would provide significant containment or attenuation of leachate generated by the landfill.

13. Two ground water monitoring wells, MW-2 andMW-3 (see Attachment C), are installed at the northern downgradient end of the landfill. Because of the geologic conditions at the site, it was not possible to establish an upgradient well in the same perched ground water zone so no comparison can be made between downgradient and background wells. Ground water monitoring data indicates that the landfill has impacted the local perched ground water zone by elevating the concentrations of major mineral species. Trichlorofluoromethane (1.0 µ.g/1) was detected in MW-3.

14. Sampling of the unsaturated zone is accomplished by means of a lysimeter (L Y-1) in the central portion of the landfill as shown on Attachment C. The lysirneter was installed at a depth of

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TBB
California Department of Corrections and Rehdoilitation (CDCR) California Regional Water Quality Control Board Order No. 96-01 O WASTE DISCHARGE REQUIRE!VL..J.-.fl'S

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
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EC) relative to either surface water or MW-2. Unsaturated zone samples are somewhat close in character to samples from MW-3. The lysimeter appears to be sampling water from the unsaturated zone that ultimately migrates to the perched ground water and flows past MW-3.

15. Four driven landfill gas migration monitoring probes are p9sitioned in and around the perimeter of the landfill as shown on Attachment C. These gas probes will be monitored for methane concentrations as stipulated by Title 14, California Code of Regulations (CCR), under the authority of the California Integrated Waste Management Board.

16. The beneficial uses of ground water are domestic, agricultural and industrial supply ..

17. The facility receives an average of 16.5 inches of precipitation per year as read from a Mean Annual Precipitation isohyetal map prepared by Solano County. The average annual net evaporation at the facility is approximately 48.5 inches.

18. The 100-year, 24-hour precipitation event for the facility is approximately 0.2 inches per hour, as read from the storm intensity, duration, frequency curve provided by the Tuolumne County Department of Public Works.

19. The facility is not within a 100-year floodplain.

20. Surface drainage is to the Stanislaus River.
.
.

21. The beneficial uses of these surface waters are domestic, agricultural, and industrial supply; ground water recharge; power generation; recreation; aesthetic enjoyment; navigation; fresh water replenishment; and preservation and enhancement of fish, wildlife and other aquatic resources.

OPERATION OF FACILITIES

22. The landfill was operated by a trenching and area fill method. Benns were constructed on both the western and southern extents of the landfill. Then trenches were dug within the confines of the berms and filled with waste. Then at some future date trenching was cease\! and area filling was employed for the duration of the landfill's operation.

23. The Discharger ceased waste acceptance in the fall of 1987. Waste is currently picked up and hauled to an off-site disposal facility by a ?ontractor.

CLOSURE OF WASTE MANAGEMENT UNITS
· 24. The Discharger's data demonstrate that natural geologic materials between the base of the Class ID landfill unit and ground water have not prevented the impairment of beneficial uses of ground water from the discharge of non-hazardous solid wastes to the landfill unit. Construction of a low permeability barrier layer over the landfill will reduce leachate generation.

25. The site currently has no surface impoundments since th�re are no existing liners or leachate collection systems. The Discharger does not propose to construct surface impoundments for the future disposal ofleachate.

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TBB
California Department of Corrections and Rt... dbilitation (CDCR) California Regional Water Quality Control Board Order No. 96-01 O WASTE DISCHARGE REQTJIRE1v...._,,trs

SIERRA CONSERVATION CENTER
· STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
)
Bid Number C5611173-D
Exhibit E
-4-

26. The engineered alternative to the prescribed final cover design consists of the following components, listed from bottom to top:

Foundation Layer
• Existing soil cover (Layer "A"): approximately one foot thick native soil. The vegetation from this layer was clear�d and the layer scarified to facilitate proper bonding with the next layer. • Foundation layer (Layer "B"): one foot thick native or imported soil containing particJes·no greater than half inch.

Barrier Layer
• Geosynthetic Clay Liner (GCL); a 3 to 4 millimeter (120 to 160 mil) sodium bentonite layer encapsulated between two layers of geotextile or fixed onto a high density polyethylene (HDPE) liner. The permeability coefficient of sodium bentonite is approx;imately lxI0-9 cm/sec.

Vegetative Layer
• Lower cover layer (Layer "C"): six inch thick native or imported soil containing particles no greater than half inch.
• Upper vegetative cover (Layer "D") eighteen inch thick native or imported.material containing particles no greater than 4 inches.

LayerD
LayerC
LayerB
Layer A
'I!:

Vegetative
Layer
Geosvnthetic Clav Liner .

New Foundation
Existing Foundation
'"' :-., ,?., �� Refuse l rJj .,,
(•1
•!. 1Q't .. ::.
.... ..

Not To Scale
2 feet
160 mil
1 foot
<=1 foot

27. The lower cover (Layer "C"), which is in direct contact with the GCL barrier layer, will contain particles less than one half inch in diameter to reduce the potential of damage to the GCL. The upper cover (Layer "D") will be the vegetative layer and will protect the GCL from mechanical damage.

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California Department of Corrections and Rehabilitation (CDCR) California R�gional Water Quality Control Board Order No. 96-010 l
WASTE DISCHARGE REQUIREilr.. .... ..!TS

SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA DEPAR1MENT OF CORRECTIONS

TUOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
-5-
The first 1;2 inches of this layer will be screened to remove particles greater than one half inch in diameter.

28. The surface of Layer "D" will be hydroseeded with Zorro Annual Fescue ( 4 lb/acre), Blando Brome (12 lb/acre), and California Poppy (1 lb/acre).

29. A one-foot overlap was used at seam locations. Overlaps were "shingled" on gently sloping areas, so as to prevent flow into the seam. The GCL will be covered within four hours with the vegetative soil layer (Layer "C").

30. Two soil moisture sensors to monitor the performance of the GCL will be placed above and below the GCL in the vegetative and foundation layers, respectively. The sensors will be connected to a datalogger that will store soil moisture measurements taken on a periodic basis. The solid state soil moisture sensors measure the electric constant of soil which is related to soil moisture content

31. Two permanent surveying monuments are proposed to be constructed. Annual surveying of these monuments will be performed as part of postclosure maintenance to measure landfill settlement.

32. Final contours of the cap will range from a minimum slope of 4% to 5% to reduce the amount of soil used in the cap and facilitate drainage of rainwater from the cap. 3 3. A drainage channel runs adjacent to the western and southern edges of the landfill which conveys runoff from the parking lot near the administration building. The drainage design C!l,ptures run-on along the eastern edge of the landfill by a perimeter drainage channel that will route stormwater around the northern tip of the landfill into the existing drainage channel. Runoff from the southern half of the landfill will flow towards a slope drain which will discharge to the existing drainage channel. The slope drain was armored with riprap to control erosion. The channel, as designed, is triangular and one foot deep with 1.5: 1 (H:V) side slopes, and was shotcrete lined.

34. A construction quality assurance plan for the closure of the landfill was approved as part of the closure and postclosure maintenance plans. Implementation of this plan ensures protection of the quality of surface and ground waters of the ar�a during final operations and during any proposed subsequent use of the land.
3 5. The plans were prepared by or under the supervision of a California registered civil engineer or certified engineering geologist.

36. Postclosure landuse for the facility will be unused open area. The Sierra Conservation Center has no plans to build structures in the immediate vicinity of the landfill. · CERTIFICATION
3 7. A registered civil engineer will certify that closµre of the landfill meets the construction or prescriptive standards and performance goals of Chapter 15, including but not liniited to siting, design of liners, LCRSs, precipitation & drainage controls, covers, caps, and considerations of seismic and flood safety.

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-010 Bid Number C5611173-D
Exhibit E
WASTE DISCHARGE REQUIREM..-,.ffS

SIERRA CONSERVATION CENTER
STA TE OF CALIFORNIA D.EP ARTMENT OF CORRECTIONS

TUOLUMNE COUNTY

CEQA CONSIDERATIONS
I
/ -6-
3 8. The action to provide WDRs for this landfill is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.), in accordance with Title 14, CCR, Section 15301 for existing facilities.

OTHER LEGAL REFERENCES

39. This Order implements the water quality objectives of the Water Quality Control Plan for the Sacramento River Basin and the San Joaquin River Basin, Third Edition.

40. The Board has notified the Discharger and interested agencies and persons of its intention to adopt WDRs for this facility.

41. In a public hearing, the Board heard and considered all comments pertaining to this facility and discharge.

IT IS HEREBY ORDERED that the State of California Department of Corrections, and its agents, assigns and successors, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following:

A. PROHIBITION:

1. The discharge of any waste at this facility is prohibited.

2. The discharge of solid or liquid waste or leachat� to surface waters, surface water drainage courses, or ground water is prohibited.

3. The discharge of waste to ponded water from any source, is prohibited.

4. The discharge of waste within 100 feet of surface waters is prohibited.

5. The ponding of any liquid on any landfill module that has received waste is prohibited.

B. DISCHARGE SPECIFICATIONS:

Landfill Closure Specifications
1 . The method used to close the landfill and maintain protection of the quality of surface and ground waters shall comply with waste discharge requirements established by the Board and the final closure and postclosure maintenance plan which has been approved by both the Board andCIWMB.

2. Landfill closure shall be under the direct supervision of a California registered civil engineer or certified engineering geologist.

3. The closed landfill shall be provided with at least two permanent monuments, installed by a licensed land surveyor, from which the location and elevation of all wastes, containment

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-01 O Bid Number C5611173-D
Exhibit E
I
WASTE DISCHARGE REQUIREMi.,1-ITS

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
-7-
structures, and monitoring facilities can be determined throughout the post-closure maintenance period.

4. At closure, each landfill module shall receive a final cover which is designed and constructed to function with minimum maintenance and consists, at a minimum, of a two-foot thick foundation layer which may contain waste materials, overlain by a one-foot thick clay liner, and finally by a one-foot thick vegetative soil layer, or an engineered equivalent final cover approved.by the Board pursuant to Subsections 2510(b) and (c) of Chapter 15.

5. Vegetation shall be planted and maintained over each closed landfill unit. Vegetation shall be selected to require a minimum of irrigation and maintenance and shall have a rooting depth not in excess of the vegetative layer thickness.

6. Closed landfill modules shall be graded to at least a three percent grade and maintained to prevent ponding.

7. Areas with slopes greater than ten percent, surface drainage courses, and areas subject to erosion by wind or water shall be designed and constructed to prevent such erosion.

Supervision and Certification of Construction
8 . All containment structures shall be designed and constructed under the direct supervision of a California registered civil engineer or a certified engineering geologist and shall be certified by that individual as meeting the prescriptive standards and performance goals of Chapter 15.

Protection from Storm Events

9. Waste management units shall be designed, constructed, and operated to prevent inundation or washout due to floods with a 100-year return period. Landfill related containment structures shall be constructed and maintained to prevent, to the greatest extent possible, ponding, infiltration, inundation, erosion, slope failure, washout, and overtopping under 100-year, 24-hour precipitation conditions.

10. Surf ace drainage from tributary areas and internal site drainage from surf ace or subsurface sources shall not contact or percolate through wastes.

11. Annually, prior to the anticipated rainy season but no later than 1 November, any necessary erosion control measures shall be implemented, and any necessary construction, maintenance, or repairs of precipitation and drainage control facilities shall be completed to prevent erosion or flooding of the facility and to prevent surface drainage from contacting or percolating through wastes. The Discharger shall submit an annual report to the Regional Board by 1 December describing measures taken to comply with this specification.

C. RECEIVING WATER LIMITATIONS:

Water Quality Protection Standards
The concentrations of Constituents of Concern in waters passing through the Points of Compliance shall not exceed the Concentration Limits established pursuant to Monitoring and Reporting Program No. 96-010.

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California Department of Corrections and Rehabilitation (CDCR) California RegionalWaler Quality Control Board Order No. 96-01 O Bid Number C5611173-D
Exhibit E
• I
WASTE DISGHARGE REQUIREM,.,,,rrs

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TIJOLUMNE COUNTY
D. FINANCIAL ASSURANCE
-8-
The Discharger shall maintain assurances of financial responsibility for initiating and completing corrective action for all known and reasonably foreseeable releases from the waste management unit.

The Discharger shall also maintain an irrevocable closure fund or other means to ensure adequate closure and postclosure maintenance of the waste management unit.

E. PROVISIONS:

1. The Discharger shall comply with the Standard Provisions and Reporting Requirements, dated September 1993, which are hereby incorporated into this Order. The Standard Provisions and Reporting Requirements contain important provisions and requirements with which the Discharger must comply. A violation of any of the Standard Provisions and Reporting Requirements is a violation of these waste discharge requirements.

2. The Discharger shall maintain a copy of this Order at the site and make it available at all times to postclosure maintenance personnel, who shall be familiar with its contents.

3. The Discharger shall comply with Monitoring and.Reporting Program No. 96-010, which is attached to and made part of this Order. A violation of Monitoring and Reporting Program No. 96-010 is a violation of these waste discharge requirements.

4. The Discharger shall maintain waste containment facilities and precipitation and drainage controls, and shall continue to monitor ground water, the unsaturated zone, and surface waters per Monitoring and Reporting Program No. 96.:.010 throughout the postclosure maintenance period.

5. The postclosure maintenance period shall continue until the Board determines that remaining wastes in waste management unit will not threaten water quality.

6. In re!!ponse to the ground water release described in Finding No. 13, the Discharger shall provide a report by 30 January 1997 containing an evaluation of the effectiveness of the corrective action measure of capping the landfill and recommend further mitigation measures, if applicable.

7. Within sixty days after completing final closure, the Discharger shall provide proof of compliance to the Board that the deed to the landfill facility property, or some other instrument that is normally examined during title search, has been modified to include, in perpetuity, a notation to any potential purchaser of the property stating that:
a. the parcel has been used as an MSWLF;
b. land use options for the parcel are restricted in accordance with the postclosure land uses set forth in the postclosure plan and in WDRs for the landfill; and c. in the event that the Discharger defaults on carrying out either the post-closure maintenance plan or any corrective action needed to address a release, then the responsibility for carrying out such work falls to the property owner.

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California Department of Corrections and Rehabilitation (COCR) Bid Number C5611173-D
Exhibit E
,
. California Regional Water Quality Control Board O:�er No. 96-01 O ' )
WASTE DISCHARGE REQUIRE!VL:;1-ITS

SIERRA CONSERVATION CENTER
·STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
TUOLU1\.1NE COUNTY
-9-

8. The Discharger shall notify the Board within 24 hours of any flooding, slope failure, or other change in site conditions which could impair the integrity of waste facilities or of precipitation and drainage control structures.

9. The owner of the facility shall have the continuing responsibility to assure protection of usable waters from discharge wastes and from gases and k:achate generated by discharged waste during the active life, closure, and postclosure maintenance period of the facility and during subsequent use of the property for other purposes.

10. The Discharger shall complete the tasks outlined in these WDRs and the attached Monitoring and Reporting Program No. 96-010 in accordance with the following time schedule:
. a.
b.

Task Compliance Date
Submit as-builts describing the construction
details verifying compliance with the approved
final closure and postclosure maintenance plans,
including the CQA plan.

Submit concentration limits of constituents
of concern under Monitoring and Reporting
Program No. 96-010 as part of the annual
report. Furthermore, submit an evaluation of
the effectiveness of the corrective action measure
of capping the landfill and recommend further
mitigation measures, if applicable.
29 February 1996
30 January 1997

11. The Discharger shall comply with all applicable provisions of 23 CCR, Chapter IS, that are not specifically referre� to in this Order.

F. REPORTING REQUIREMENTS:

1. The Discharger shall comply with the reporting requirements specified in this Order, in Monitoring and Reporting Program Order No. 96-010, and in the Standard Provisions and Reporting Requirements.

2. The Discharger shall notify the Board in writing of any proposed change in ownership or responsibility for construction or operation of the WMUs. The Discharger shall also notify the Board of a material change in the character, location, or volume of the waste discharge and of any proposed expansions or closure plans. This notification shall be given 90 days prior to the effective date of the change and shall be accompanied by an amended Report of Waste Discharge and any technical documents that are needed to demonstrate continued compliance with these WDRs.

3. In the event of any change in ownership of this waste management facility, the Discharger shall notify the succeeding owner or operator in writing of the existence of this Order. A copy of that notification shall be sent to the Board.

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-010 WASTE DISCHARGE REQUIREhli.;1'lTS

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
4 . The Discharger shall submit a status report regarding the financial assurances for corrective action and postclosure maintenance every five years after the date of adoption of these requirements that either validates the ongoing viability of the financial instrument or proposes and substantiates any needed changes.

5. The Board will review this Order periodically and will revise these requirements when necessary.

I, WILLIAM H. CROOKS. Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an Order adopted by the California Region Water Quality Control Board, Central Valley Region, on 26 January 1996.
°lb� p� .
fttv WILLIAM H. CROOKS, Executive Officer
KAS:kas/lsb

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California Department of Corrections and Rehabilitation (CDCR) Bid Number C5611173-D
Exhibit E
f - California Regional Water Quality Control Board Order No. 96-010

CALIFORNIA REGIONAL WAIBR QUALITY CONTROL BOARD

CENTRAL VAILEYREGION
MONITORING AND REPORTING PROGRAM NO. 96-010
FOR

CLOSURE OF SJERRA CONSERVATION CENTER

STATE OF CALIFORNIA-DEPARTMENT OF CORRECTIONS
CLASS ill LANDFII.L

TUOLUMNE COUNTY
The Discharger shall maintain a water quality monitoring system that is appropriate for detection monitoring and corrective action that complies with the provisions of Title 23, California Code of Regulations (CCR), Division 3, Chapter 15, Article 5.

Ground water monitoring data indicates that the landfill has impacted the local perched ground water zone by elevating the concentrations of major mineral species. Trichlorofluoromethane (1.0 µg/1) was detected in MW-3. Closure and capping of the landfill serves as a corrective action under Article 5 of Chapter 15.

Compliance with this Monitoring and Reporting Program, and with the companion Standard Provisions and Reporting Requirements, is ordered by Waste Discharge Requirements Order No. 96-010. Failure to comply with this Program, or with the Standard Provisions and Reporting Requirements, constitutes noncompliance with the \VDRs and with the Water Code, which can result in the imposition of civil monetary liability.

A. REPORTING
The Discharger shall report monitoring data and information as required in this Monitoring and Reporting Program and as required in the Standard Provisions and Reporting Requirements. Reports which do not comply with the required fonnat will be REJECTED and the Discharger shall be deemed to be in noncompliance with the WDRs, In reporting the monitoring data required by this program, the Discharger shall arrange the data in tabular form so that the date, the constituents, the concentrations, and the units are readily discernible. The data shall be summarized in such a manner so as to illustrate clearly the compliance with waste discharge requirements or the lack thereof. A short discussion of the monitoring results, including notations of any water quality violations, shall precede the tabular summaries.

Field and laboratory tests shall be reported in the semi-annual monitoring reports. Semi-annual monitoring reports shall be submitted to the Board by the 15th day of the month following the calendar semiannual event in which the samples were taken. The results of any monitoring done more frequently than required at the locations specified herein shall be reported to the Board. An annual report shall be submitted to the Board by 31 January which contains both tabular and graphical summaries of the monitoring data obtained during the previous twelve months, so as to show historical trends at each well.

Method detection limits and practical quantitation limits shall be reported. All peaks shall be reported, including those which cannot be quantified and/or specifically identified.

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California Department of Corrections and Rehabilitation (CDCR) I
--California Regional Water Quality Control Board Order No. 96-010 I
I ,�
MONITORING AND REPORTING l'RDGRAM

SIERRA CONSERVATION CENTER

STA TE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
)
B. REQUIRED MONITORING REPORTS

1. Water Quality Protection Standard Report
Bid Number C5611173-D
Exhibit E
-2-
The Discharger shall submit a water quality protection standard report by 30 January 1997 as part of the annual monitoring report. Any changes to the water quality protection standard shall be described in annual monitoring reports,
2 . Detection Monitoring Report and Corrective Action Report The Discharger shall submit reports of the results of detection monitoring and corrective action in accordance with the schedules specified in this Monitoring and Reporting Program 96-010. 3 • Annual Monitoring Summary Report
The Discharger shall submit the Annual Monitoring Summary Report as specified in the Standard Provisions and Reporting Requirements.

4. ConstituentN>f-Concern (COC) 5 Year Report
In the absence of a new release being indicated, the Discharger shall monitor all Constituents of Concern for all Monitoring Points for each monitored medium for all COCs every fifth year, beginning with calendar year 1996 (the first Reporting Period ends 31 March 1997) with subsequent COC monitoring efforts being carried out every fifth year thereafter alternately in the Summer (Reporting period ends 30 September) and Winter (Reporting Period ends 31 March). The COC Report may be combined with a Detection Monitoring Report or an Annual Summary Report having a Reporting Period that ends at the saine time.

C. MONITORING
(
If the Discharger, through a detection monitoring program, or the Board finds that' there is a statistically significant increase in indicator parameters or waste constituents over the water quality protection standards (established pursuant to Monitoring and Reporting Program No. 96-010) at or beyond the Points of Compliance, the Discharger shall notify the Board or acknowledge the Board's finding in writing within seven days, and shall immediately resample for the constituent(s) or parameter(s) at the point where the standard was exceeded. Within 90 days, the Discharger shall submit to the Board the results of the resampling and either:
a. a report demonstrating that the water quality protection standard was not, in fact, exceeded; or b. an amended Report of Waste Discharge for the establishment of a verification monitoring program, per Section 2557 of Chapter 15, which is designed to verify that water quality protection standards have been exceeded and to determine the horizontal and vertical extent of pollution.

If the Discharger, through an evaluation monitoring program, or the Board verifies that water quality protection standards have been exceeded at or beyond the Points of Compliance, the Discharger shall notify the Board or acknowledge the Board's finding in writing within seven days. Within 180 days, the Discharger shall submit to the Board an amended Report of Waste Discharge for the establishment of a con:e�tive action program, per Section 2558 of Chapter 15, which is designed to achieve compliance with the water quality protection standards.

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California Department of Corrections and Rehabilitation (CDCR) -California Regional Water Quality Control Board Order No. 96-010 MONITORING AND REPORTING .t'ROGRAM

SIERRA CONSERVATION CEN'IER
STATE OF CALlFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
Standard Observations
Bid Number C5611173-D
Exhibit E
-3-
Each monitoring report shall include a summary and certification of completion of all Standard Observations for the waste management unit, for the perimeter of the WMU, and for the receiving waters.

The standard observations shall be performed on a weekly basis and shall include those elements as defined in the Standard Provisions and Reporting Requirements.

C. REQUIRED 1\10NITORING PROGRAMS
1 . Leachate Monitoring
The landfill does not have a leachate collection and removal system (LCRS). If leachate surfaces, the discharger shall immediately sample the leachate for the following parameters: Flow rate, specific conductance, pH, chloride, sulfate, total dissolved solids, alkalinity, nitrate-nitrogen, sulfides, and volatile organic compounds. The results of the analysis must be submitted to the Board.

Daylighting of any leachate must be reported to the Board within seven days. 2 . Detection and Corrective Action Monitoring Program
For each m�mitored medium, all Monitoring Points assigned to detection monitoring shall be monitored once each semi-annually for the Monitoring Parameters listed in this Program, unless otherwise specified. The Discharger shall report, in writing, to the Regional Board on the effectiveness of the corrective action program. The Discharger shall submit these reports at least semi-annually.

For any given monitored medium, a sufficient number of samples shall be taken from all Monitoring Points to satisfy the data analysis requirements for a given Reporting Period, and shall be taken in a manner that ensures sample independence to the greatest extent feasible.

Ground water sampling shall also include an accurate determination of the ground water surface elevation and field parameters (pH, temperature, electrical conductivity, turbidity) for that Monitoring Point. Ground water elevations taken prior to purging the well and sampling for Monitoring Parameters shall be used to fulfill the ground water gradient/direction analyses required. For each monitored ground water body, the Discharger shall measure the water level in each well and determine ground water gradient and direction at least semi-annually, including the times of expected highest and lowest elevations of the water level for the respective ground water body. Ground water elevati(?ns for all downgradient wells for a given ground water body shall be measured within a period of time short enough to avoid temporal variations in ground water flow which could preclude accurate detennination of ground water gradient and direction. This information shall be included in the annual monitoring reports.

Statistical or non-statistical analysis shall be performed as soon as the monitoring data are available. 2 . Ground Water Monitoring
Field and laboratory tests shall be reported in the semi-annual monitoring reports. All Monitoring - Parameters shall be graphed so as to show historical trends at each well.

The ground water surface elevation (in feet and hundredths, M.S.L) in all wells shall be measured on a semi-annual basis and used to determine the depth of ground water. Since there are two downgradient monitoring wells and no background wells updgradient, it is not possible to calculate

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-010 MONITORING AND REPORTING rROGRAM

SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA DEPAR1MENT OF CORRECTIONS

TUOLUMNE COUNTY
. J
Bid Number C5611173-D
Exhibit E
-4-
velocity of ground water flow. However, the Discharger is required to interpolate from these two wells the general direction of flow based on the topography of the site. This information shall be displayed on a water table contour map and/or ground water flow net for the site and submitted with the annual monitoring reports.

The detection monitoring network shall consist ofMW-2 and MW-3. These wells are installed in the shallow, perched ground water aquifer immediately downgradient of the landfill. The Discharger has attempted to establish an up-gradient monitoring well in the same aquifer to serve as a background monitoring point, but was unable due to the shallow depth to bedrock. Since there is no background for either ground water or the unsaturated zone, Water Quality Protection Standards (WQPS) cannot be set at background. The monitoring results from MW-2 and MW-3 shall set WQPS. Locations of these wells are shown on Attachment C. Samples shall be yollected from the wells at the frequency and for the parameters specified in Table 1- Ground Water and Corrective Action Monitoring Program.

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California Department of Corrections and Rehabilitation {COCR) California Regional Water Quality Control Board Order No. 96-01 O MONITORING AND REPORTJNG r-i.OGRAM

SIBRRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
)
Bid Number C5611173-D
Exhibit E
-5-
TABLE 1 - GROUND WATER AND CORRECTIVE ACTION MONITORING PROGRAM Parameter
Field Parameters
Temperature
Ground Water Elevation
Specific Conductance !
pHl
Turbidityl
Monitoring Parameters
Total Dissolved Solids (TDS)l
Total Organic Carbon (TOC)l
Chemical Oxygen Demand (COD)l
Ironl
Chloridel
Sodium!
Sulfatel
Volatile Organic Compounds
(EPA Method 8260)
Constituents of Concern
Alkalinityl
Bicarbonate 1
Calciuml
Carbonatel
Magnesiuml
Manganesel
Nitrate-nitrogen 1
Potassiuml
Zinc l
Semi-Volatile Organic Compc:mnds
(EPA Method 8270}
Units
·c
Ft. & hundredths, MSL
µmhos/cm
number
Turbidity units
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
µg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
µg/1
Frequency
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
5 years
All wells shall be monitored quarterly until four quarters of data have been collected in order to determine concentration limits.
3 • Surface Water Monitoring
Surface water sampling points are designated S1 and S3, and are in an ephemeral stream which conveys surface drainage water from the SCC grounds and flows adjacent to the landfill area, as shown on Attachment C. Sample point S 1 is located upstream from any influence from the landfill and point S3 is further downs�arn and beyond the limits of the landfill area.

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California Department of Corrections and Rehabilitation (CDCR) California R
_
egional Water Quality Control Board Order No. 96-010
)
MONITORIN"G AND REPORTING r.tWGRAM

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TIJOLUMNE COUNTY
)
Bid Number C5611173-D
Exhibit E
-6-
Swface water samples shall be sampled at locations where stonn water runoff leaves the facility during the first storm of the rainy season which produces significant flow and annually (winter) when water is present. Samples shall be collected from all stations and analyzed as specified in Table 2.

Swface water monitoring reports may be submitted with the corresponding semi-annual ground water monitoring and shall include evaluation of potential impacts of the facility on su.rlace water quality. The samples shall be collected at the frequencies and analyzed for the parameters listed in Table 2- Surface Water Monitoring Program.

TABLE 2 - SURFACE WATER MONITORING PROGRAM
Parameter
Field Parameters
Temperature
Specific Conductance
pH
Turbidity
Dissolved Oxygen
Monitoring Parameters
Total Suspended Solids (TSS)
Total Dissolved Solids (IDS)
Oil and Grease
Volatile Organic Compounds
(EPA Method 8260)
Constituents of Concern
Bicarbonate
Alkalinity
Carbonate
Nitrate-Nitrogen
Sulfate
Calcium
Chloride
Iron
Magnesium
Manganese
Potassium
Sodium
Chemical Oxygen Demand (COD)
Total Organic Carbon (TOC)
Units
oc
µmhos/cm
number
Turbidity units
mg/L
mg/L
mg/L
mg/L
µg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L

Frequency
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
Annual
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
S years
S years
5 years
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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No, 96-010 ,,- ·.

I
MONITORING AND REPORTING l'ROGRAM

SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA DEPAR1MENT OF CORRECTIONS

TUOLUMNE COUNTY

4. Unsaturated Zone Monitoring
Bid Number C5611173-D
Exhibit E
-7-
Sampling of the unsaturated zone is accomplished by means of a lysimeter (L Y-1) in the central portion of the landfill as, shown on Attachment C. The lysimeter was installed at a depth of approximately six feet. Soil-pore liquid samples shall be analyzed at the frequency and for the monitoring parameters specified in Table 3. Unsaturated Zone Monitoring Program.

Unsaturated zone monitoring reports shall be submitted with the corresponding semi-annual ground water monitoring and shall include evaluation of potential impacts of the facility on the unsaturated zone. The samples shall be collected at the frequencies and analyzed for the parameters listed in Table 3 - Unsaturated Zone Monitoring Program.

TABLE 2 - UNSATURATED ZONE MONITORING PROGRAM
Parameter
Field Parameters
Specific Conductance
pH
Monitoring Parameters
Total Dissolved Solids (TDS)
Total Organic Carbon (TOC)
Chemical Oxygen Demand (COD)
Chloride
Iron
Sodium
Sulfate
Volatile Organic Compounds
(EPA Method 8260)
Constituents of Concern
Alkalinity
Bicarbonate
Calcium
Carbonate
Magnesium
Manganese
Nitrate-Nitrogen
Potassium
Zinc
Semi-Volatile Organic Compounds
(EPA Method 8270)
Units
µmhos/cm
number
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
µg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
µg/1

Freguency
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
Semi-annual
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
5 years
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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No, 96-010 MONITORING AND REP.ORTING t'KOGRAM

SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA DEPARTMENT .OF CORRECTIONS

TUOLUMNE COUNTY
5 . Soil Moisture
_)
Bid Number C5611173-D
Exhibit E
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Soil moisture readings shall be collected from the two soil moisture sensors above and below the GCL as shown on Attachment C. The readings shall be sorted in a datalogger for later retrieval.

Soil moisture monitoring reports shall be submitted with the corresponding semi-annual ground water monitoring and shall include evaluation of potential impacts of the facility on the amount of moisture penetrating the GCL. The results shall verify the perf onnance goals of the engineered alternative cap to meet the prescriptive standards specified in Chapter 15.

D. WATER QUALITY PROTECTION STANDARD·
The -Water Quality Protection Standard (Standard) shall consist of the following elements:
1 . Constituents of Concern
The 'COC list' (list of Constituents of Concern required under 23 CCR 2550.3) shall include all parameters and constituents listed in Tables 1, 2, and 3 listed above. The Discharger shall monitor all COCs every five years, or more frequently as required.
2 . Concentration Limits
The Concentration Limit for any given Constituent of Concern or Monitoring Parameter in a given monitored medium (i.e., the uppermost aquifer) at a landfill shall be as follows, and shall be used as the basis of comparison with data from the Monitoring Points in that monitored medium:

Concentration limits for synthetic constituents in ground water samples shall be set at the analytical detection limits. Concentration limits for metals and general water quality parameters shall be determined after data has been collected from the completion of four quarterly monitoring events for monitoring well MW-2 and M.W-3. Once these limits are established the monitoring reports shall. be required to be submitted semi-annually.

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California Department of Corrections and Rehabilitation (CDCR) California Regional Water Quality Control Board Order No. 96-010 r. )
MONITORING AND REPORTING l"ROGRAM

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TUOLUMNE COUNTY
)
TABLE 4 - IDSTORICAL GROUND WATER CONCENTRATIONS
Constituent Units MW-2 MW-3
Specific Conductance (EC) µmhos/cm
pH number
Total Dissolved Solids (IDS) mg/L 578-882 929-1485
Alkalinity, bicarbonate mg/L
Carbonate mg/L
Chloride mg/L 43.9-103 195-690
Nitrate mg/L
Sulfate mg/L
Nitrate-nitrogen mg/L
Total Organic Carbon (TOC) mg/L
Chemical Oxygen Demand (COD) mg/L
Arsenic, dissolved mg/L
Barium, dissolved mg/L
Berylium, dissolved mg/L
Calcium, dissolved mg/L --
Cadmium, dissolved mg/L
Chromium, dissolved mg/L
Cobalt, dissolved mg/L
Copper, dissolved mg/L.

Iron, dissolved mg/L
Magnesium, dissolved mg/L·
Manganese, dissolved mg/L
Potassium, dissolved mg/L
Lead, dissolved mg/L
Mercury, dissolved mg/L
Molybdenum, dissolved mg/L
Nickel, dissolved mg/L
Selenium, dissolved mg/L
Silver, dissolved mg/L
Sodium, dissolved mg/L
Zinc, dissolved rng/L
Volatile Organic Compounds µg/1 Detect* Detect*
(EPA Method 8260 & 8270)
-- Concentration limits to be determined after four quarters of data are available. * Detection limits shall be 0.1 µg/L or less.
3 . Monitoring Points
Bid Number C5611173-D
Exhibit E
The ground water monitoring and surface water monitoring points for detection monitoring shall be MW-2 and MW-3, and S1 and S3, respectively.

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California Department of Corrections and Rehau,11tation (CDCR) California Regional Water Quality Control Board Order No. 96-01 0 MONITORING AND REPORTING dOGRAM

SIERRA CONSERVATION CENTER

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

TIJOLUMNE COUNTY
4 . Points of Compliance
Bid Number C5611173-D
Exhibit E
-10-
The points of compliance for ground water are monitoring wells MW-2 and MW-3. The point of C(?mpliance for surface water monitoring shall be the sutf ace drainage point downstream of the landfill at S3.
5 . Compliance Period
The Compliance Period is the number of years equal to the active life of the waste management plus the closure period. Each time the Water Quality Protection Standard is exceeded (i.e., a release is discovered), the landfill begins a Compliance Period on the date the Board directs the Discharger to begin an Evaluation Monitoring Program. If the Discharger's Corrective Action Program (CAP) has not achieved compliance with the Standard by the scheduled end of the Compliance Period, the Compliance Period is automatically extended until the landfill has been in continuous compliance for at least three consecutive years.

The Discharger shall implement the above monitoring program on the effective date of this Order. . r
Ordered by Yi� R p� _ � WITLIAM H. CROOKS, Executive Officer 26 January 1996
(Date)
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Ground Zero Analysis, Inc.

California Department of Corrections and Rehabilitation (CDCR) 1 - ·California Regional Water Quality Control Board Order No. 96-010

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Bid Number C5611173-D
Exhibit E

ATTACHMENT A

SITE LOCATION MAP
S1ERRA CONSERVATION CENTER

TUOLUMNE COUNTY, CALJFORNIA
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California Department of Corrections and Rehabilitation (CDCR) !
California Regional Water Quality Control Board Order No. 96-010 N
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Bid Number C5611173-D
Exhibit E

ATTACHMENT B
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SITE MAP

SIERRA CONSERVATION CENTER

TUOLUMNE COUNTY, CALIFORNIA
APPROXIMATE SCALE: 1" ,.400•
0 400 800
200 Scale in Feet
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California Department of Corrections and Rehabilitation (CDCR) r California Regional Water Quality Control Board Ord�r No. 96-010 � MW-2
Rip-Rap

NOTTO SCALE
Bid Number C5611173-D
Exhibit E
_,,
-· ATTACHMENT C
LEGEND
0- Groundwater Monitoring Well Location
• Gas Probe Location
0 . Soil Moisture Sensor Location
(1 above & 1 below GCL)
® Lysimeter Location
A Surface Water Sampling Point
·-·········· Approximate Extent of Landfill Cap
c:;::;::::;J Drainage Channel
f:•':•:+:•:-:-:-:-3 Shotcrete-Uned Drainage Channel
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2'x2'
Concrete
Box

SIERRA CONSERVATION CENTER LANDFILL

MONITORING POINTS

03S1A
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California Department of Corrections ancl Rehabilitation (CDCR) , California Regional Water Quality Control Board Order No. 96-010

INFORMATION SHEET

CLOSURE OF SIERRA CONSERVATION CENTER
STATE OF CALIFORNIA-DEPAR1MENT OF CORRECTIONS
CLASS ill LANDFILL

TIJOLUMNE COUNTY
Bid Number C5611173-D
Exhibit E
The Sierra Conservation Center Landfill is a closed Class m landfill. Toe landfill is part of a prison complex owned by the State of California and operated by the Department of Corrections. Land filling activities started approximately 25 years ago in a gully in the southwest comer of the prison complex. Land filling was discontinued in the Fall of 1987 at which time approximately a one foot thick layer of soil was spread over the disposal site.

The 29,400 square foot (0.7 acre) landfill has an average depth of 8 feet. The total volume of waste disposed at the site is estimated to be approximately 11,000 cubic yards. Based on borings drilled . shirts,
through the waste, the landfill consisted of bits of metal, plastic, household items (mattress, shoes, cutlery), wood, and ash. One D-cell battery was found. No aerosol cans, paint cans, cleaning fluid containers, or other objects that could be a source of hazardous constituents were observed.

Borings through the landfill show that ground water did not appear to be in direct contact with the waste, but it did appear to be perched in the alluvium or weathered zone bedrock. Ground water monitoring data indicates that the landfill has impacted the local perched ground water zone by elevating the. concentrations of major mineral species. Trichlorofluoromethane ( 1.0 µg/1) was detected in J\.1vV-3. There are no beneficial uses of the local perched ground water zone.

The beneficial uses of ground water are domestic, agricultural and industrial supply. The beneficial uses of surface waters of the Stanislaus River are domestic, agricultural, and industrial supply; ground water recharge; power generation; recreation; aesthetic enjoyment; navigation; fresh water replenishment; and preservation and enhancement of fish, wildlife and other aquatic resources.

The closure cap for the Sierra Conservation Center was approved in the closure and postclosure maintenance plans as an engineered alternative in accordance with Subsections 2510(b) and (c) of Chapter 15. The Discharger demonstrated that the engineered alternative is feasible and consistent with the perfonnance goal and affords equivalent protection against water quality impairment; that the prescriptive standard is unreasonable and unnecessarily burdensome and will cost substantially more.

Several issues were considered in the decision process in determining the feasibility of SCC's application. They included: (1) the type of waste disposed at the site (predominantly dry), minimal),
(2) age and size of the landfill (majority of settlement has occurred, any future settlement would be (3) lack of borrow source clay (low permeability) material on-site, (4) the expense of transporting imported clay (cost effectiveness), and (5) the remoteness of the facility.

Final closure activities occurred :in the fall of 1994. Construction of the capping of the landfill with an impermeable barrier constitutes corrective action _measures to mitigate the infiltration of water to prevent the generation of leachate in the landfill.

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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit F

CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part A The Prison Rape Elimination Policy for the California Department of Corrections and Rehabilitation (CDCR) is explained on this informational sheet. As a volunteer or private contractor who has contact with CDCR offenders, it is your responsibility to do what you can, within the parameters of your current assignment, to reduce incidents of sexual violence, staff sexual misconduct, and sexual harassment and to report information appropriately when they are reported to you or when you observe such an incident. For purposes of this Policy, the word “staff” includes volunteers and private contractors.

Historical Information
Both the Congress and State Legislature passed laws, the Federal Prison Rape Elimination Act (PREA) of 2003, the Sexual Abuse in Detention Elimination Act, Chapter 303, Statutes of 2005, and most recently the United States, Department of Justice Final Rule; National Standards of 2012 to help prevent, detect, and respond to sexual violence, staff sexual misconduct, and sexual harassment behind bars. It is important that we, as professionals, understand all aspects of these laws and our responsibilities to help prevent, detect, and respond to instances by offenders and staff.

CDCR Policy
The CDCR policy is found in Department Operations Manual (DOM), Chapter 5, Article 44. PREA addresses five types of sexual offenses. Sexual violence committed by offenders against offenders encompasses: abusive sexual contact, non-consensual sex acts, and sexual harassment by an offender. Other sections covered by PREA include staff sexual misconduct towards an offender and staff sexual harassment towards an offender.

CDCR’s policy provides for the following:
• CDCR is committed to continuing to provide a safe, humane, secure environment, free from offender on offender sexual violence, staff sexual misconduct, and sexual harassment. • CDCR maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment in its institutions, community correctional facilities, conservation camps, and for all offenders under its jurisdiction.
• All sexual violence, staff sexual misconduct, and sexual harassment is strictly prohibited. • This policy applies to all offenders and persons employed by the CDCR, including volunteers and independent contractors assigned to an institution, community correctional facility, conservation camp, or parole.

Retaliatory measures against employees or offenders who report incidents of sexual violence, staff sexual misconduct, or sexual harassment as well as retaliatory measures taken against those who cooperate with investigations shall not be tolerated and shallresult in disciplinary action and/or criminal prosecution. Retaliatory measures include, but are not limited to:
• Coercion.
• Threats of punishments.
• Any other activities intended to discourage or prevent staff or offenders from reporting incident(s).

Professional Behavior
Staff, including volunteers and private contractors are expected to act in a professional manner while on the grounds of a CDCR institution and while interacting with other staff and offenders. Key elements of professional behavior include:
• Treating everyone, staff and offenders alike, with respect. • Speaking without judging, blaming, or being demeaning. • Listening to others with an objective ear and trying to understand their point of view. • Avoiding gossip, name calling, and what may be perceived as offensive or "off-color"humor. • Taking responsibility for your own behavior.
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit F

CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part A Preventative Measures
You can help reduce sexual violence, staff sexual misconduct, and sexual harassment by taking various actions during the performance of your duties as a volunteer or private contractor.

The following are ways in which you can help:
• Know and enforce the rules regarding the sexual conduct of offenders. • Be professional at all times.
• Make it clear that sexual activity is not acceptable. • Treat any suggestion or allegation of sexual violence, staff sexual misconduct, and sexual harassment as serious.
• Follow appropriate reporting procedures and assure that the alleged victim is separated from the alleged predator.
• Never advise an offender to use force to repel sexual advances.

Detection
All staff, including volunteers and private contractors, is responsible for reporting immediately and confidentially, to the appropriate supervisor any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

After immediately reporting to the appropriate supervisor, you are required to document the information you reported. You will be instructed by the supervisor regarding the appropriate form to be used for documentation.

You will take necessary action (i.e., give direction or press your alarm) to prevent further harm to the victim. Staff, including volunteers and private contractors, will request the victim does not: 1) Shower; 2) Remove clothing without custody supervision; 3) Use the restroom facilities; and 4) Consume any liquids.

I have read the information above and understand my responsibility to immediately report any information that indicates an offender is being, or has been, the victim of sexual violence, staff sexual misconduct, or sexual harassment.

Volunteer/Contractor Name (Printed) Date Signed
Signature of Volunteer/Contractor Current Assignment within Institution Contact Telephone Number Supervisor in Current Assignment #23..
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TBB Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Exhibit F

CDCR 2301 PREA Policy Information for Volunteers and Contractors – Part B PART B shall only be completed by contractors who, in the course of their assigned duties, have contact with inmates.

Duty to Report
You are required to answer the following questions:
1) Have you ever engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, other institution?
Yes No If yes, provide the date of the incident and the facility name in the space below. 2) Have you ever been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse?
Yes No If yes, provide the date of the incident and the county in the spacebelow. 3) Have you ever been civilly or administratively found to have engaged in the activity described in question (2) above?
Yes No If yes, provide the date of the incident and the county in the space below. 4) Have you ever received any disciplinary action as a result of allegations of sexual harassment of an inmate in a prison, jail, lockup, community confinement facility, or other institution? Yes No If yes, provide the date of the incident and the facility name in the space below.

If you answered “Yes” to any of the questions, please provide the date of the incident and the facility name/county where it occurred:

As a contract employee, you have a continuing duty to promptly report, and you are required to notify your employer and the Appointing Authority of the Institution to which you are assigned if the answer to any of the above questions changes.

I hereby certify that there are no misrepresentations, omissions, or falsifications, and that all answers are true and correct. I understand and agree that if any material facts are discovered which differ from those facts stated by me on this form, my services to the California Department of Corrections and Rehabilitation will be discontinued and my contract employer will be notified.

Signature: Date
Printed
Date:

Facility/County Name:
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Bid Number C5611173-D
California Department of Corrections and Rehabilitation (CDCR) Attachment 1 Service Technician Reference

LANDFILL SAMPLING, TESTING, MONITORING AND EQUIPMENT MAINTENANCE

AND REPAIR SERVICES
Contractor Name:

Address: Phone/Fax: Email
List three (3) references for each service technician providing services similar to the services described. Attach additional sheets if necessary. The State reserves the right to verify all references provided by the Contractor.

Failure to complete and return this information may cause your bid to be rejected.

SERVICE TECHNICIAN NAME:

REFERENCE 1
Name of Firm
Street Address
City: State Zip
Contact Person Phone Number:

Email:

Dates of Service
List Equipment/Service Provided
REFERENCE 2
Name of Firm
Street Address
City: State Zip
Contact Person Phone Number:

Email:

Dates of Service
List Equipment/Service Provided
REFERENCE 3
Name of Firm
Street Address
City: State Zip
Contact Person Phone Number:

Email:

Dates of Service
List Equipment/Service Provided
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Contractor Certification Clause
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/Bidder 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
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.)
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,
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4. penalties that may be imposed upon employees for drug abuse violations. c) Provide that every employee who works on the proposed Agreement will:

1. receive a copy of the company's drug-free 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.)
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.)
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.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

EXPATRIATE CORPORATIONS:

Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in #23..
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whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

DOMESTIC PARTNERS:

For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

GENDER IDENTITY:

For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

CONFLICT OF INTEREST:

Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
a) Current State Employees (PCC 10410):

1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives
compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

2. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
b) Former State Employees (PCC 10411):

1. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- #23..
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making process relevant to the contract while employed in any capacity by any state agency.

2. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) LABOR CODE/WORKERS' COMPENSATION:

Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
AMERICANS WITH DISABILITIES ACT:

Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
CONTRACTOR NAME CHANGE:

An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a) When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b) "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c) Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good #23..
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standing by calling the Office of the Secretary of State.

RESOLUTION:

A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

AIR OR WATER POLLUTION VIOLATION:

Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

PAYEE DATA RECORD FORM STD. 204:

This form must be completed by all contractors that are not another state agency or other government entity.
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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) SINGLE MEMBER LLC Disregarded Entity owned by an individual MEDICAL (e.g., dentistry, chiropractic, etc.)

PARTNERSHIP

ESTATE OR TRUST
LEGAL (e.g., attorney services)
EXEMPT (e.g., nonprofit)

ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN.

For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California.

CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding.

No services performed in California
Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
#23..
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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).

Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return.

Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name.

Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level.

Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships Limited Liability Partnerships (LLP) and, LLC treated as a Partnership Partnerships Estate Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.

A partnership is considered a resident partnership if it has a permanent place of business in California.

An estate is a resident if the decedent was a California resident at time of death.

A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form. #23..
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STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION OBS 555 (02/11)
Non-Small Business Preference Request and Subcontractor Acknowledgement Name of Bidding Firm / Prime Contractor CDCR IFB or RFP Number:

Total Dollar Value of Subcontractor Use CDCR Bid Number:

This document confirms and acknowledges that the firm named below agreed to be identified by a bidding firm as a proposed small business or microbusiness (SB/MB) subcontractor or supplier for a CDCR agreement.

Subcontractor acknowledgements:

A. The subcontracting firm named herein has committed to perform or provide services/labor or supplies equal to a percentage of the total bid/cost proposal price submitted by the bidding firm named above.

B. The subcontracting firm named herein acknowledges the total dollar value of claimed participation identified above.

C. The subcontracting firm named herein agrees to provide the following subcontracted services/labor or supplies under the resulting contract if the bidding firm named above receives the contract award:

Provide a brief description in the box below of the commercially useful function(s) that the subcontractor/supplier identified herein will provide or supply. Attach additional page(s) if necessary.

The subcontracting firm named herein understands it is its sole responsibility to contact the bidding firm named above to learn if the Proposer was awarded the contract pursuant to the referenced bid number and to confirm its subcontract agreement. If the bidding firm named above receives an award based in part on non-small business subcontractor preference, the bidding firm/contractor is obligated to use each SB/MB subcontractor or supplier identified in its proposal unless a subcontractor substitution is requested after contract execution pursuant to Public Contract Code Section 4107 and Title 2 California Code of Regulations Section 1896.10.

The person signing below certifies the information supplied on this form is true and accurate to the best of their knowledge and agrees to allow the State to confirm this information, if deemed necessary.

Net Dollar Value of SB/MB
Subcontractor Agreement:

Total SB/MB
Percentage:

SB/MB Certification #:

SB/MB Certification
Expiration Date:

Name of Proposed Subcontractor/Supplier:

Date Signed:

Street Address:

City:

State:

Zip Code:

Telephone Number:
( )
SB/MB E-mail Address (if applicable):

SB/MB Federal Employer ID (FEIN) #:

Printed/Typed Name:

Title:

Signature of Subcontractor/Supplier Representative:

For State Use Only
Information Verified by:

Date:
#23..
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STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION OBS 1500 (06/11)

DARFUR CONTRACTING ACT
Bid Number: C5611173-D
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company, or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

Select only one of the following options:

OPTION #1 – NO ACTIVITIES OUTSIDE THE US
If your company has not, within the previous three years, had any business activities or other operations outside of the United States, print your company name, date and signature below:

Company/Vendor Name (Printed) Date
By (Authorized Signature)
OPTION #2 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County and State Of:

OPTION #3 – WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code Section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code Section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
#23..
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STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION OBS 1510 (01/17)

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code); and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).

CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Proposer/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County and State of
#23..
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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

COMPANIES AFFORDING COVERAGE COMPANY

LETTER A

COMPANY

LETTER B
INSURED: COMPANY

LETTER C

COMPANY

LETTER D

COMPANY

LETTER E COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTHWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO

LTR TYPE OF INSURANCE POLICY NUMBER POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY) LIMITS

GENERAL LIABILITY GENERAL

AGGREGATE
$

COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP
AGG.
$
CLAIMS MADE OCCUR. PERSONAL & ADV.

INJURIES
$
OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $
FIRE DAMAGE (Any
One person)
$
MED. EXPENSE (Any
One person)
$
AUTOMOBILE LIABILITY COMBINED SINGLE $

ANY AUTO LIMIT
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per Person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per Person)
GARAGE LIABILITY PROPERTY DAMAGE $

EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $

OTHER THAN UMBRELLA FORM

WORKER'S COMPENSATION STATUTORY LIMITS
AND EACH ACCIDENT $

EMPLOYERS' LIABILITY DISEASE-POLICY
LIMIT $

DISEASE-EACH
EMPLOYEE $
OTHER

DESCRIPTION OF OPERATIONS/LOCATION/VEHICLES/SPECIAL ITEMS Re: All operations The State of California, its officers, agents, employees and servants are hereby named as additional insured but only with respect to work performed for the State of California.

CERTIFICATE HOLDER CANCELLATION
State of California
C/O Denise M. Pulido
Department of Corrections and Rehabilitation
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _30_____ DAYS WRITTEN NOTICE TO

THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
#23..
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ATTACHMENT ___
Solicitation Number _____

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

BID INCENTIVE INSTRUCTIONS
(09/03//09)
Please read the instructions carefully before you begin.

AUTHORITY. The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq. Recent legislation has modified the program significantly in that a bidder may no longer demonstrate compliance with program requirements by performing a “good faith effort” (GFE).

This solicitation does not include a minimum DVBE participation percentage or goal.

DVBE BID INCENTIVE. A DVBE incentive will be given to bidders who provide DVBE participation. For evaluation purposes only, the State shall apply a DVBE Bid incentive to bids that propose California certified DVBE participation as identified on the Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation document) and confirmed by the State. The DVBE incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. Unless a table that replaces the one below has been expressly established elsewhere within the solicitation, the following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive:
5% or Over 5%
4% to 4.99% inclusive 4%
3% to 3.99% inclusive 3%
2% to 2.99% inclusive 2%
1% to 1.99% inclusive 1%
As applicable: (1) Awards based on low price - the net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses. The incentive adjustment for awards based on low price cannot exceed 5% or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed $100,000.
(2) Awards based on highest score - the solicitation shall include an individual requirement that identifies incentive points for DVBE participation.

INTRODUCTION. Bidders must document DVBE participation commitment by completing and submitting a Bidder Declaration, GSPD-05-105, (located elsewhere within the solicitation document).

Bids or proposals (hereafter called “bids”) that fail to submit the required form to confirm the level of DVBE participation will not be eligible to receive the DVBE incentive. #23..
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ATTACHMENT ___
Solicitation Number _____

Information submitted by the intended awardee to claim the DVBE incentive(s) will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the 2 CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs (hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to qualify for a DVBE incentive(s). The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information. Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

At the State’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and/or the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify compliance with the above requirements.

THE DVBE BUSINESS UTILIZATION PLAN (BUP): DVBE BUPs are a company’s commitment to expend a minimum of 3% of its total statewide contract dollars with DVBEs -- this percentage is based on all of its contracts held in California, not just those with the State. A DVBE BUP does not qualify a firm for a DVBE incentive. Bidders with a BUP, must submit a Bidders Declaration (GSPD-05-105) to confirm the DVBE participation for an element of work on this solicitation in order to claim a DVBE incentive(s).

THE FOLLOWING MAY BE USED TO LOCATE DVBE SUPPLIERS:

Awarding Department: Contact the department’s contracting official named in this solicitation for any DVBE suppliers who may have identified themselves as potential subcontractors, and to obtain suggestions for search criteria to possibly identify DVBE suppliers for the solicitation. You may also contact the department’s SB/DVBE Advocate for assistance.

Other State and Federal Agencies, and Local Organizations:

STATE: Access the list of all certified DVBEs by using the Department of General Services, Procurement Division (DGS-PD), online certified firm database at www.eprocure.dgs.ca.gov To begin your search, click on “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at:
www.eprocure.dgs.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: [email protected].

FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at www.ccr.gov/ to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions.

Remember to verify each firm’s status as a California certified DVBE.

LOCAL: Contact local DVBE organization to identify DVBEs. For a list of local organizations, go to www.pd.dgs.ca.gov/smbus and select: DVBE Local Contacts (New 02/09) (pdf). #23..
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ATTACHMENT ___
Solicitation Number _____

RESOURCES AND INFORMATION
For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. For a directory of SB/DVBE Advocates for each department go to:
http://www.pd.dgs.ca.gov/smbus/advocate.htm.

The Department of General Services, Procurement Division (DGS-PD) publishes a list of trade and focus publications to assist bidders in locating DVBEs for a fee. To obtain this list, please go to www.pd.dgs.ca.gov/smbus and select:
• DVBE Trade Paper Listing (New 02/09) (pdf)
• DVBE Focus Paper Listing (New 02/09) (pdf)
U.S. Small Business Administration (SBA):

Use the Central Contractor Registration (CCR) on-line database.

Internet contact only –Database: www.ccr.gov/.

FOR:

Service-Disabled Veteran-owned businesses
in California (Remember to verify each DVBE’s
California certification.)
Local Organizations: Go to www.pd.dgs.ca.gov/smbus and select:

DVBE Local Contacts (New 02/09) (pdf)
FOR:

List of potential DVBE subcontractors
DGS-PD EProcurement
Website: www.eprocure.dgs.ca.gov
Phone: (916)375-2000
Email: [email protected]
FOR:
• SB/DVBE Search
• CSCR Ads
• Click on Training tab to Access
eProcurement Training Modules including:

Small Business (SB)/DVBE Search
DGS-PD Office of Small Business and DVBE Services (OSDS) 707 Third Street, Room 1-400, West Sacramento, CA 95605 Website: www.pd.dgs.ca.gov/smbus
OSDS Receptionist, 8 am-5 pm: (916) 375-4940
PD Receptionist, 8 am-5 pm: (800) 559-5529
Fax: (916) 375-4950
Email: [email protected]
FOR:
• Directory of California-Certified DVBEs
• Certification Applications
• Certification Information
• Certification Status, Concerns
• General DVBE Program Info.
• DVBE Business Utilization Plan
• Small Business/DVBE Advocates
Commercially Useful Function Definition
California Code of Regulations, Title 2, § 1896.61(l):

The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:
ƒ Is responsible for the execution of a distinct element of the work of the contract. ƒ Carries out the obligation by actually performing, managing, or supervising the work involved. ƒ Performs work that is normal for its business services and functions. ƒ Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.
#23..
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BIDDER DECLARATION

1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form):
a. Identify current California certification(s) (MB, SB, NVSA, DVBE): ____________ or None ____ (If “None”, go to Item #2) b. Will subcontractors be used for this contract? Yes ___ No ___ (If yes, indicate the distinct element of work your firm will perform in this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary. _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ c. If you are a California certified DVBE: (1) Are you a broker or agent? Yes ___ No ___ (2) If the contract includes equipment rental, does your company own at least 51% of the equipment provided in this contract (quantity and value)? Yes ___ No ___ N/A ___

2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary):

Subcontractor Name, Contact Person, Subcontractor Address CA Certification (MB, SB, Work performed or goods provided Corresponding Good 51% Phone Number & Fax Number & Email Address NVSA, DVBE or None) for this contract % of bid price Standing? Rental? Solicitation Number_____________________
Certification: By signing the bid response, I certify under penalty of perjury that the information provided is true and correct.

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 08/09)
Page_____ of _____
#23..
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BIDDER DECLARATION Instructions
All prime bidders (the firm submitting the bid) must complete the Bidder Declaration.

1.a. Identify all current certifications issued by the State of California. If the prime bidder has no California certification(s), check the line labeled “None” and proceed to Item #2. If the prime bidder possesses one or more of the following certifications, enter the applicable certification(s) on the line:
• Microbusiness (MB)
• Small Business (SB)
• Nonprofit Veteran Service Agency(NVSA)
• Disabled Veteran BusinessEnterprise(DVBE)

1.b. Mark either “Yes” or “No” to identify whether subcontractors will be used for the contract. If the response is “No”, proceed to Item #1.c. If “Yes”, enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors.

Bidders certified as MB, SB, NVSA, and/or DVBE must provide a commercially useful function as defined in Military and Veterans Code Section 999 for DVBEs and Government Code Section 14837(d)(4)(A) for small/ microbusinesses.

Bids must propose that certified bidders provide a commercially useful function for the resulting contract or the bid will be deemed non-responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation.

Note: A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime’s contract.

1.c. This item is only to be completed by businesses certified by California as a DVBE. (1) Declare whether the prime bidder is a broker or agent by marking either “Yes” or “No”. The Military and Veterans Code Section 999.2 (b) defines “broker” or “agent” as a certified DVBE contractor or subcontractor that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.
(2) If bidding rental equipment, mark either “Yes” or “No” to identify if the prime bidder owns at least 51% of the equipment provided (quantity and value). If not bidding rental equipment, mark “N/A” for “not applicable.”

2. If no subcontractors are proposed, do not complete the table. Read the certification at the bottom of the form and complete “Page ___ of ___” on the form.

If subcontractors will be used, complete the table listing all subcontractors. If necessary, attach additional pages and complete the “Page ___ of ___” accordingly.

2. (continued) Column Labels
Subcontractor Name, Contact Person, Phone Number & Fax Number—List each element for all subcontractors.

Subcontractor Address & Email Address—Enter the address and if available, an Email address.

CA Certification (MB, SB, NVSA, DVBE or None)—If the subcontractor possesses a current State of California certification(s), verify on this website (www.eprocure.pd.dgs.ca.gov).

Work performed or goods provided for this contract—Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the contract. (See paragraph 1.b above for code citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcontracting a greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation.

Corresponding % of bid price—Enter the corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount.

Good Standing?—Provide a response for each subcontractor listed. Enter either “Yes” or “No” to indicate that the prime bidder has verified that the subcontractor(s) is in good standing for all of the following:
• Possessesvalidlicense(s) foranylicense(s)orpermits requiredbythesolicitation orbylaw • If acorporation,thecompanyisqualifiedtodobusiness in CaliforniaanddesignatedbytheState of California Secretary of State to be in good standing • PossessesvalidStateofCaliforniacertification(s) if claiming MB,SB,NVSA,and/or DVBEstatus 51% Rental?—This pertains to the applicability of rental equipment. Based on the following parameters, enter either “N/A” (not applicable), “Yes” or “No” for each subcontractor listed.

Enter “N/A” if the:
• Subcontractor is NOTa DVBE(regardlessof whetheror not rentalequipment isprovidedbythe subcontractor) or
• Subcontractor is NOTprovidingrentalequipment (regardlessof whetheror not subcontractor isa DVBE)
Enter “Yes” if the subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51% of the rental equipment (quantity and value) it will be providing for the contract.

Enter “No” if the subcontractor is a California certified DVBE providing rental equipment but the subcontractordoes NOTown at least51%of therentalequipment (quantityandvalue) it willbeproviding.

Read the certification at the bottom of the page and complete the “Page ___ of ___” accordingly.

State of California—Department of General Services, Procurement Division GSPD–05–105 (REV 08/09) Instructions
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STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS
(Rev. /20 )
Instructions: The disabled veteran (DV) owner(s) and DV manager(s) of the Disabled Veteran Business Enterprise (DVBE) must complete this declaration when a DVBE contractor or subcontractor will provide materials, supplies, services or equipment [Military and Veterans Code Section 999.2]. Violations are misdemeanors and punishable by imprisonment or fine and violators are liable for civil penalties. All signatures are made under penalty of perjury.

SECTION 1
Name of certified DVBE: DVBE Ref. Number:

Description (materials/supplies/services/equipment proposed):

Solicitation/Contract Number: SCPRS Ref. Number:__________________________ (FOR STATE USE ONLY)
SECTION 2
APPLIES TO ALL DVBEs. Check only one box in Section 2 and provide original signatures.

I (we) declare that the DVBE is not a broker or agent, as defined in Military and Veterans Code Section 999.2 (b), of materials, supplies, services or equipment listed above. Also, complete Section 3 below if renting equipment.

Pursuant to Military and Veterans Code Section 999.2 (f), I (we) declare that the DVBE is a broker or agent for the principal(s) listed below or on an attached sheet(s). (Pursuant to Military and Veterans Code 999.2 (e), State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent DVBE participation goal.) All DV owners and managers of the DVBE (attach additional pages with sufficient signature blocks for each person to sign):
(Printed Name of DV Owner/Manager) (Signature of DV Owner/ Manager) (Date Signed) (Printed Name of DV Owner/Manager) (Signature of DV Owner/Manager) (Date Signed) Firm/Principal for whom the DVBE is acting as a broker or age nt:
(If more than one firm, list on extra sheets.) (Print or Type Name) Firm/Principal Phone: Address:

SECTION 3
APPLIES TO ALL DVBEs THAT RENT EQUIPMENT AND DECLARE THE DVBE IS NOT A BROKER.

Pursuant to Military and Veterans Code Section 999.2 (c), (d) and (g), I am (we are) the DV(s) with at least 51% ownership of the DVBE, or a DV manager(s) of the DVBE. The DVBE maintains certification requirements in accordance with Military and Veterans Code Section 999 et. seq.

The undersigned owner(s) own(s) at least 51% of the quantity and value of each piece of equipment that will be rented for use in the contract identified above. I (we), the DV owners of the equipment, have submitted to the administering agency my (our) personal federal tax return(s) at time of certification and annually thereafter as defined in Military and Veterans Code 999.2, subsections (c) and (g). Failure by the disabled veteran equipment owner(s) to submit their personal federal tax return(s) to the administering agency as defined in Military and Veterans Code 999.2, subsections (c) and (g), will result in the DVBE being deemed an equipment broker.

Disabled Veteran Owner(s) of the DVBE (attach additional pages with signature blocks for each person to sign):
(Printed Name) (Signature) (Date Signed)
(Address of Owner) (Telephone) (Tax Identification Number of Owner) Disabled Veteran Manager(s) of the DVBE (attach additional pages with sufficient signature blocks for each person to sign):
(Printed Name of DV Manager) (Signature of DV Manager) (Date Signed) Page of

PRINT CLEAR
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STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION OBS 554
DVBE Bid Incentive Request and Acknowledgement
Name of Prime Contractor: CDCR IFB or RFP Number:

Completion of this document confirms DVBE BID Incentive request and acknowledges that the firm named below agreed to be identified by a bidding firm as a proposed DVBE subcontractor or supplier for a CDCR agreement. Unless otherwise stated, the DVBE incentive shall be equal to a bidder’s DVBE participation level. Unless otherwise stated, the DVBE Bid Incentive is subject to a minimum of 3 percent and a maximum of 5 percent during the bid evaluation process. Each named DVBE must have an application on file with the Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Certification Services (OSDS) by 5:00 p.m. on the day bids are due. If the DVBE is a subcontractor, then they must acknowledge their participation as claimed herein via the DVBE Subcontractor/Supplier Acknowledgement below:

Subcontractor/Supplier Acknowledgement
Subcontractor acknowledgements:

A. The subcontracting firm named herein has committed to perform or provide services/labor or supplies equal to a percentage of the total bid/cost proposal price submitted by the bidding firm named above.

B. The subcontracting firm named herein acknowledges the total dollar value of claimed participation identified above.

C. The subcontracting firm named herein agrees to provide the following subcontracted services/labor or supplies under the resulting contract if the bidding firm named above receives the contract award:

Provide a brief description in the box below of the commercially useful function(s) that the subcontractor/supplier identified herein will provide or supply. Attach additional page(s) if necessary. l
The subcontracting firm named herein understands it is its sole responsibility to contact the bidding firm named above to learn if the Proposer was awarded the contract pursuant to the referenced bid number and to confirm its subcontract agreement. If the bidding firm named above receives an award based in part on the DVBE incentive, the bidding firm/contractor is obligated to use each DVBE subcontractor or supplier identified in its proposal unless a subcontractor substitution is requested after contract execution pursuant to Public Contract Code Section 4107 and Title 2 California Code of Regulations Section 1896.10.

The person signing below certifies the information supplied on this form is true and accurate to the best of their knowledge and agrees to allow the State to confirm this information, if deemed necessary.

Total Dollar Value of DVBE
Subcontractor Use:

Total DVBE
Percentage:

DVBE Certification #:

DVBE Certification
Expiration Date:

Name of Proposed DVBE Subcontractor/Supplier:

Date Signed:

Street Address:

City:

State:

Zip Code:

Telephone Number:
( )
DVBE E-mail Address (if applicable):

DVBE Federal Employer ID (FEIN) #:

Printed/Typed Name:

Title:

Signature of Subcontractor/Supplier Representative:

For State Use Only
Information Verified by:

Date:
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 9, 2024
Date: March 20, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Memorandum of Understanding between City of Modesto and Stanislaus County South Modesto Area Strengthen & Replace Water Mains Project CONTACT: David A. Felix, Associate Engineer, [email protected], 209-577-5488 DESCRIPTION:

Consider a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project in an amount not to exceed $12,850,000 and rescinding Resolution No. 2024-098. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The South Modesto Area Strengthen & Replace Water Mains Project is comprised of two neighborhoods, Bret Harte and Parklawn. The old undersized water mains in these neighborhoods are prone to leaks and will be replaced with new City standard water mains, valves, fittings, service laterals, and fire hydrants to improve system reliability, flows and pressures.

Stanislaus County (County) will also be improving existing infrastructure in the Bret Harte and Parklawn neighborhoods, referred to as County Areas 10 and 24, respectively, with funding received from the American Rescue Plan Act (ARPA). Improvements will include new sidewalks, curb & gutter, lighting, and storm drainage. Due to the ARPA funding having a deadline for the expenditure of funds by Winter 2025, the County’s design efforts are underway for Areas 10 and 24. The project must be bid by Summer 2024 to meet this deadline.

DISCUSSION:

To increase efficiency, minimize disruption, and ensure both City and County projects are completed on time and compatible during construction, the City and County have agreed to collaborate on the design and construction efforts in the Parklawn and Bret Harte #24..
- 678 -
City Council, April 9, 2024
Memorandum of Understanding between City of Modesto and Stanislaus County South Modesto Area Strengthen & Replace Water Mains Project

neighborhoods. This collaboration includes partnering with the County’s design engineer for the preparation of construction documents. The final bid documents will include both the County’s infrastructure improvements and the City’s water system improvements.

Entering into a Memorandum of Understanding (MOU) to collaborate with the County on the South Modesto Area Strengthen & Replace Water Mains Project will allow the City to avoid the lengthy process of hiring an outside engineering consultant for the design of the City’s water system improvements. The MOU will stipulate the roles and responsibilities of each party for the design and construction of the project, along with the reimbursement requirements of costs associated with the amendment to the County’s current Engineering Services Agreement with Michael Baker International and their sub-consultant Carollo Engineers to expand the scope of work to include the City’s the water system improvements.

With the City’s oversight, the County will finalize construction documents for both County and City improvements and advertise the Project for public bid in the Summer of 2024. The County will administer the Construction Contract with Construction Inspection Services provided by the City for all water system improvements.

This MOU replaces the MOU approved by Council on March 12, 2024, by Resolution 2024-098.

The revised MOU includes an increased estimated cost of construction.

FISCAL IMPACT:

Expenses associated with this effort will be housed in the following Capital Improvement Program Project:
101512 - S. Modesto Areas S&R WMs – Ph 1

ANTICIPATED PROJECT EXPENDITURES
Engineering Services Agreement $1,140,413
Additional Services $114,041
Construction $10,486,860
Contingency $1,048,686
Engineering/Design/Administration - County Staff $60,000 Subtotal – MOU Related Expenses $12,850,000
Engineering/Design/Administration - City Staff $140,000 Construction Administration - City Staff $1,000,000
City Construction Forces $50,000
Total $14,040,000

COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the meeting held on February 26, 2024, where it was recommended that it be forwarded to Council. #24..
- 679 -
City Council, April 9, 2024
Memorandum of Understanding between City of Modesto and Stanislaus County South Modesto Area Strengthen & Replace Water Mains Project

CEQA/NEPA REQUIREMENTS:

The City will be responsible for preparing the necessary documentation for the project to gain environmental clearance.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Resolution approving a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project, in an amount not to exceed $12,850,000, rescinding Resolution No. 2024-098, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Memorandum of Understanding

3. Resolution 2024-098
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH

STANISLAUS COUNTY FOR THE SOUTH MODESTO AREA STRENGTHEN &

REPLACE WATER MAINS PROJECT, IN AN AMOUNT NOT TO EXCEED $12,850,000, RESCINDING RESOLUTION NO. 2024-098, AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the South Modesto Area Strengthen & Replace Water Mains Project is comprised of two neighborhoods, Bret Harte and Parklawn, and WHEREAS, the old undersized water mains in these neighborhoods are prone to leaks and will be replaced with new City standard water mains, valves, fittings, service laterals, and fire hydrants to improve system reliability, flows and pressures, and WHEREAS, Stanislaus County (County) will also be improving existing infrastructure in the Bret Harte and Parklawn neighborhoods, referred to as County Areas 10 and 24, respectively, with funding received from the American Rescue Plan Act (ARPA), and
WHEREAS, due to the ARPA funding having a deadline for the expenditure of funds by Winter 2025, the County’s design efforts are underway for Areas 10 and 24, and WHEREAS, to increase efficiency, minimize disruption, and ensure both City and County projects are completed on time and compatible during construction, the City and County have agreed to collaborate on the design and construction efforts in the Parklawn and Bret Harte neighborhoods, and
WHEREAS, this collaboration includes partnering with the County’s design engineer for the preparation of construction documents, and WHEREAS, the final bid documents will include both the County’s infrastructure improvements and the City’s water system improvements, and #24..
- 681 -
2 WHEREAS, the Memorandum of Understanding will stipulate the roles and responsibilities of each party for the design and construction of the project, along with the reimbursement requirements of costs associated with the amendment to the County’s current Engineering Services Agreement with Michael Baker International and their subconsultant Carollo Engineers to expand the scope of work to include the City’s water system improvements, and
WHEREAS, this City Council previously adopted Resolution 2024-098 to approve the MOU. However, the estimated cost of construction has increased, and so it is necessary to rescind Resolution 2024-098 and adopt this resolution to authorize the Memorandum of Understanding with the revised cost.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Memorandum of Understanding regarding the reimbursement of costs related to the South Modesto Area Strengthen & Replace Water Mains Project between the City of Modesto and Stanislaus County in an amount not to exceed $12,850,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that Resolution No. 2024-098 is hereby rescinded. #24..
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3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of April, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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03/12/2024/Utilities/DFelix/Item 14 1 2024-098

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-098

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH

STANISLAUS COUNTY FOR THE SOUTH MODESTO AREA STRENGTHEN & REPLACE WATER MAINS PROJECT, IN AN AMOUNT NOT TO EXCEED $12,699,454 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO EXECUTE THE AGREEMENT
WHEREAS, the South Modesto Area Strengthen & Replace Water Mains Project is comprised of two neighborhoods, Bret Harte and Parklawn, and WHEREAS, the old undersized water mains in these neighborhoods are prone to leaks and will be replaced with new City standard water mains, valves, fittings, service laterals, and fire hydrants to improve system reliability, flows and pressures, and WHEREAS, Stanislaus County (County) will also be improving existing infrastructure in the Bret Harte and Parklawn neighborhoods, referred to as County Areas 10 and 24, respectively, with funding received from the American Rescue Plan Act (ARPA), and
WHEREAS, due to the ARPA funding having a deadline for the expenditure of funds by Winter 2025, the County’s design efforts are underway for Areas 10 and 24, and WHEREAS, to increase efficiency, minimize disruption, and ensure both City and County projects are completed on time and compatible during construction, the City and County have agreed to collaborate on the design and construction efforts in the Parklawn and Bret Harte neighborhoods, and
WHEREAS, this collaboration includes partnering with the County’s design engineer for the preparation of construction documents, and WHEREAS, the final bid documents will include both the County’s infrastructure improvements and the City’s water system improvements, and #24..
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03/12/2024/Utilities/DFelix/Item 14 2 2024-098
WHEREAS, the Memorandum of Understanding will stipulate the roles and responsibilities of each party for the design and construction of the project, along with the reimbursement requirements of costs associated with the amendment to the County’s current Engineering Services Agreement with Michael Baker International and their subconsultant Carollo Engineers to expand the scope of work to include the City’s the water system improvements.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Memorandum of Understanding regarding the reimbursement of costs related to the South Modesto Area Strengthen & Replace Water Mains Project between the City of Modesto and Stanislaus County in an amount not to exceed $12,699,454.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney. #24..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 9, 2024
Date: March 18, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services
CONTACT: Jeff Daniels, Acting Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving an Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services with Compactor Management Company LLC, Union City, CA, for a total amount not to exceed $282,050, over five years. (Funding Source: Sewer Operations Funds) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

Wastewater Screening and Grit (Grit) removal is part of the City’s wastewater treatment process.

Grit (dirt, rocks, sand, eggshells, etc.) enters the Sutter Wastewater Treatment plant through pipelines from the City’s collection system. Part of the treatment process is to isolate and remove these items. The grit must be profiled and properly disposed of at a permitted landfill. The City must contract with a trucking company to move the bins filled with the grit.

On May 7, 2019, by Resolution 2019-223, Council approved the award of bid and Agreement for the transportation of wastewater grit to Bertolotti Modesto Disposal Inc., for a two-year Agreement with three (3) one-year extension options, for an annual cost not to exceed $45,000 and a total amount not to exceed $245,250 over five years.

On January 10, 2023, by Resolution 2023-22, Council approved an Agreement with Forward Inc.

Landfill (Forward), for the disposal of Wastewater Screening and Grit. Forward Inc. is in Manteca, CA, and is the closest landfill to the City that is approved by the Central Valley Regional Water Quality Control Board to accept wastewater solids.
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City Council, April 9, 2024
Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

DISCUSSION:

On October 27, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services.

On December 8, 2023, the Purchasing Division issued an Invitation for Bid (IFB) No. 2324-44, for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Twenty-nine (29) downloaded the IFB document from PlanetBids.

On January 11, 2024, City staff scheduled a mandatory site walk for prospective bidders, three (3) vendors attended.

On January 23, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) chose to respond, there were no local bids received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the transport of non-hazardous wastewater debris to disposal site services to Compactor Management Company LLC, Union City, CA, for a (2) two-year agreement with (3) three one-year extension options for an estimated annual amount of $50,000 and a total amount not to exceed $282,050, over five years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which confirms to the Modesto Municipal Code, 8-

3.203 City Staff recommends the award of bid for the transport of non-hazardous wastewater debris to disposal site services for the Utilities Department to Compactor Management Company LLC, Union City, CA.

FISCAL IMPACT:

Actual contract year expenditures for the current transportation of wastewater grit services agreement with Bertolotti over the past five years is listed below:

Agreement Year Date Range Expenditure
1 5/7/2019 – 5/6/2020 $4,869
2 5/7/2020 – 5/6/2021 $20,067
3 5/7/2021 – 5/6/2022 $1,623
4 5/7/2022 – 5/6/2023 $3,658
5 5/7/2023 – YTD $7,436
TOTAL $37,653
1 90682 – Solid Wastes; Disposal Systems – Architectural Services; 91027 – Garbage/Trash Removal, Disposal and/or Treatment; 95812 – Bio-Solids Management Services;
96239 – Material Hauling Services;
96800 – Public Works and Related Services
96871 – Solid or liquid waste disposal (including management services); 96895 – Wastewater treatment plant, operations, and testing; 96896 – Water and Wastewater Treatment services
#25..
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City Council, April 9, 2024
Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

ANTICIPATED AGREEMENT EXPENDITURES:

The new contract pricing is significantly higher than the previous Agreement. Due to our local vendor not attending the mandatory bid walk scheduled for January 11, 2024, they were unable to submit a proposal for consideration. Of the proposals submitted by the vendors that attended the bid walk, the lowest responsible bidder was an increase of 115.63% compared to current agreement pricing. Based on providing the lowest responsive and responsible bid, staff recommends awarding to Compactor Management Company LLC.

AY Year 1 Year 2 Year 3 Year 4 Year 5
2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 NTE
Annual Cost $50,000 $50,000 $55,000 $60,500 $66,550 Total TOTAL $50,000 $100,000 $155,000 $215,500 $282,050 $282,050 Agreement Years 3 –5 include a 10% increase per year to absorb price increase requests from the vendor for Consumer Price Index and potential fuel increases. Any requested price increases will be negotiated through the Purchasing Division.

Sufficient funds are budgeted in the Sewer Operations Fund in account 4210-44312-53100.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the March 4, 2024, meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the Award of Bid and Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services to Compactor Management Company LLC, Union City, CA, for a (2) two-year agreement with (3) three one-year extension options, for an estimated annual amount of $50,000 and a total amount not to exceed $282,050 over five years; and authorizing the City Manager, or his designee to execute the Agreement. .

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement

3. Cost Abstract

4. IFB No. 2324-44

5. Bid Submittal
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XXX 1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR

THE TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO

DISPOSAL SITE SERVICES TO COMPACTOR MANAGEMENT COMPANY
LLC, UNION CITY, CA, FOR A (2) TWO-YEAR AGREEMENT WITH (3)

THREE ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT OF $50,000 AND A TOTAL AMOUNT NOT TO EXCEED $282,050

OVER FIVE YEARS AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, Wastewater Screening and Grit (Grit) removal is part of the City’s wastewater treatment process. Grit (dirt, rocks, sand, eggshells, etc.) enters the Sutter Wastewater Treatment plant through pipelines from the City’s collection system; and WHEREAS, part of the treatment process is to isolate and remove these items so that the grit can be profiled and properly disposed of at a permitted landfill; and WHEREAS, to dispose of Wastewater Screening and Grit the City must contract with a trucking company to move the bins filled with the grit to the closest landfill that is approved by the Central Valley Regional Water Quality Control Board to accept wastewater solids; and
WHEREAS, on October 27, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for the Transport of Hon-Hazardous Wastewater Debris to Disposal Site Services; and
WHEREAS, on December 8, 2023, the Purchasing Division issued IFB No. 2324- 44, for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services on the City’s Planet Bids public bidding website; and
WHEREAS, on January 11, 2024, City staff scheduled a mandatory site walk for prospective bidders, three (3) vendors attended; and
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XXX 2 2024-XXX
WHEREAS, on January 23, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) chose to respond, there were no local bids received; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, based on providing the lowest responsive and responsible bid, City staff recommends the award of bid for the transport of non-hazardous wastewater debris to disposal site services to Compactor Management Company LLC, Union City, CA.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the Award of Bid and Agreement for the Transport of NonHazardous Wastewater Debris to Disposal Site Services to Compactor Management Company LLC, Union City, CA, for a (2) two-year agreement with (3) three one-year extension options, for an estimated annual amount of $50,000 and a total amount not to exceed $282,050 over five years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of April 2024, by Councilmember XXX who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:
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XXX 3 2024-XXX
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ______________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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ANNUAL AGREEMENT NO. 268355

FOR TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE

SERVICES

COMPACTOR MANAGEMENT COMPANY, LLC
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _____________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Compactor Management Company, LLC, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for the Transport of Wastewater Debris to Disposal Site Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Service as described in IFB 2324-44, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $50,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $282,050. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Description Per Bin (6-12 tons)
20 Yard Bin $875 Bin
26 Yard Bin $875 Bin
Equipment Rental Fee
26 Yard Bin – Rental Fee $160 Monthly fee per location

3. CITY REPRESENTATIVE:

CITY Representative: Ben Koehler, Superintendent – Chief Plant Operator, (209) 342-4502 Purchasing: Melvin Rosal, Buyer, (209) 577-5420
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of #25..
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shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two (2) years, with (3) three one-year extension options at the sole discretion of CITY, for a total of up to (5) five years.

Year 1: May 7, 2024 through May 6, 2025
Year 2: May 7, 2025 through May 6, 2026
Year 3: May 7, 2026 through May 6, 2027
Year 4: May 7, 2027 through May 6, 2028
Year 5: May 7, 2028 through May 6, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustments shall be negotiated through the Purchasing Division. The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies. #25..
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a. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage. c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. d. Pollution Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 and $2,000,000 aggregate per policy period of one year.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its officers, officials, employees, agents, and volunteers, shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation. #25..
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The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT number 268355
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax, and total
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8. INDEMNITY:

The CONTRACTOR shall hold the CITY, its officers, officials, employees, agents and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its officers, officials, employees, agents and volunteers relating to or during the performance of its obligations under this AGREEMENT.

CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

10. ATTORNEYS’ FEES:

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and #25..
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Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-44;
d. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.

Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials #25..
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not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
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13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS:

The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554). #25..
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16. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Compactor Management Company, LLC
Zoe Mapa – Inside Sales/Customer Service
34420 Central Avenue
Union City, CA 94587
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES:

No minimum or maximum is guaranteed or implied.
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21. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
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b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

24. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other #25..
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materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

28. DRUG FREE WORKPLACE:

CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter

5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. WAIVER:

The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
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31. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

34. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and Compactor Management Company, LLC. has caused this Agreement to be duly executed.
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Description
20 Yard Bin
26 Yard Bin
26 Yard Bin - Rental
Fee
Total Price
Lowest Bid
$ 3,081.45
X
$ 875.00
$ 160.00
Cost
$ 1,305.00
$ 1,305.00
$ 471.45

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB NO. 2324-44 Transport of Non-Hazardous Debris to Disposal Site Service

COMPACTOR

MANAGEMENT COMPANY
LLC

UNION CITY, CA
$ 1,910.00
Cost

DANVILLE, CA
BRADLEY TANKS INC.
$ 875.00
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INVITATION FOR BIDS # 2324-44

TRANSPORT OF NON-HAZARDOUS

WASTEWATER DEBRIS TO DISPOSAL

SITE SERVICES
1 INVITATION FOR BIDS (“IFB”) NO. 2324-44
FOR

TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE SERVICES BID OPENING: January 23, 2024 at 11:00 A.M.

CITY OF MODESTO CONTACT: Melvin Rosal, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5420
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INVITATION FOR BIDS # 2324-44

TRANSPORT OF NON-HAZARDOUS

WASTEWATER DEBRIS TO DISPOSAL

SITE SERVICES
2 Table of Contents
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 BID SUBMITTAL CHECKLIST............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 22 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 23 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 25 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 27 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 28 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 29 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 30 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 31 BID FORM L - SUBCONTRACTOR LIST.......................................................................................... 32 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 33

1.1 SCOPE OF WORK:........................................................................................................................ 33

1.2 REQUIRED LICENSES:................................................................................................................ 33 SAMPLE AGREEMENT......................................................................................................................... 36 #25..
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INVITATION FOR BIDS # 2324-44

TRANSPORT OF NON-HAZARDOUS

WASTEWATER DEBRIS TO

DISPOSAL SITE SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for furnishing of the transport of non-hazardous wastewater debris to disposal site services (the “Services”) for the City of Modesto, Utilities Department, Wastewater Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, January, 23, 2024 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public, but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bids will be received only at the address shown above, and prior to the time indicated. Any Bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Bidder unopened.

All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated.

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #25..
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INVITATION FOR BIDS # 2324-44

TRANSPORT OF NON-HAZARDOUS

WASTEWATER DEBRIS TO

DISPOSAL SITE SERVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-44

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BID OPENING DATE: JANUARY 23, 2024 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #25..
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5 CALENDAR OF EVENTS
Event Date
IFB Issued December 8, 2023
Written Questions Due via Email December 19, 2023
Addendum Issued (if required) December 26, 2023 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, January 23, 2024 Contract Award Approximately Feruary, 2024

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #25..
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6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, January 23, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d • Click here to join the meeting
• +1 469-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed ):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
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8 • Bid Form F - Financial Interest Disclosure
• Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
• Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. #25..
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9 • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

J. SUPPORT OF LOCAL VENDORS: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

L. BIDDER REPRESENTATION: Bidder represents that:
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10 • Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

M. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
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11 • Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:
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12 City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the #25..
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13 City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing #25..
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14 officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #25..
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15 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #25..
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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid. (b) Quote price as specified in Bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a Bid but want to remain on the mailing list and receive future Bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un- #25..
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17 patented invention, article or appliance furnished or used in connection with the contract or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
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18 ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

11. Two “Inked” Signed Original Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
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20 Number (note –
provide only if
available now - - but
not required until any
contract begins):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

Description Per Bin (6-12 tons)
20 Yard Bin $ _______________/Bin
26 Yard Bin $ _______________/Bin
Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ________________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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22 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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23 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:
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24 City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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25 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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26 Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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27 BID FORM G – SUPPORT OF LOCAL VENDORS
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:
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28 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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29 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB, and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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30 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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31 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience.

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. #25..
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32 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)

N/A N/A

N/A N/A

N/A N/A

N/A N/A

N/A N/A

N/A N/A

N/A N/A
Bidder Company Name:
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33 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto, Utilities Department, Wastewater Division is seeking a qualified Contractor for the transport of Non-Hazardous Wastewater Debris, three to five times a week, to Disposal Site in City owned Grit Bins. The disposal of debris will be paid by the City of Modesto to Forward Inc. The successful bidder shall furnish all labor, equipment, fuel, licenses, permits and insurance necessary to perform the work covered by these specifications on an as needed basis.

The equipment required to do this service needs to be a roll off bin truck capable of handling standard rail size roll off bins. Contractor shall be capable of removing bin(s) within twenty-four (24) hours of request for pick up. Contractor shall transport the Wastewater Debris directly to the disposal site, Forward Inc. Landfill, and return the bin(s) to the pickup location with no layover or off-loading of the City of Modesto owned bin at any other facility including contracted haulers facility. Each load is between 6-12 tons per load.

Current pick up locations are: Disposal Site:

Primary Wastewater Treatment Plant Forward Inc.
1221 Sutter Ave. 9999 S. Austin Road
Modesto, CA 95351 Manteca, CA 95336
Secondary Wastewater Treatment Plant
7007 Jennings Ave.

Modesto, CA 95358

1.2 DELIVERY REQUIREMENTS:

The successful bidder shall have the capability to pick up and return bins Monday through Thursday 6:00 A.M – 4:30 P.M.

1.3 CITY REPRESENTATIVE:

Work under any resulting contract shall be performed under the general technical guidance and direction of the "City Representative". The City Representative is not authorized to commit the City to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

1.4 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.5 TERM OF CONTRACT:
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34 The term of the contract shall be for a period of two-years with three (3) one-year extension options at the sole discretion of City, for a total of three (5) years.

A. Pricing shall remain firm for the first two years of any contract, which may be awarded pursuant to this IFB.

B. Price increases for subsequent contract years three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

C. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

Web site : HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/,California data.

1.6 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance, and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

Suspension of work for any cause whatsoever shall not relieve the Contractor of his/her responsibility for the work or parts and materials as specified on the work request.

The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship, or parts and materials discovered in any part of the work, during one year after the completion and acceptance of the work.

The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor shall take all measures necessary to protect the surrounding area from Debris or other damage resultant from the project activities.

1.7 CHARACTER OF WORKERS:
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35 If any person employed by the Contractor fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the job on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City job.

1.8 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work, but shall give the Contractor no damages for such delay.

1.9 ADDITIONAL AND EMERGENCY PROTECTION:

Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the City Representative may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor.
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36 SAMPLE AGREEMENT
ANNUAL AGREEMENT NO. [AGREEMENT #]

FOR TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE

SERVICES
[VENDOR NAME]
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for the Transport of Wastewater Debris to Disposal Site SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and #25..
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37 WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Transport of Wastewater Debis to Disposal Site SERVICES as described in IFB 2324-44, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Description Per Bin (6-12 tons)
20 Yard Bin $ _______________/Bin
26 Yard Bin $ _______________/Bin

3. CITY REPRESENTATIVE:
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38 CITY Representative is:

Purchasing: Melvin Rosal, Buyer Phone: (209) 577-5420
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two (2) years, with (3) three one-year extension options at the sole discretion of CITY, for a total of up to (5) five years.

Year 1: May 7, 2024 through May 6, 2025
Year 2: May 7, 2025 through May 6, 2026
Year 3: May 7, 2026 through May 6, 2027
Year 4: May 7, 2027 through May 6, 2028
Year 5: May 7, 2028 through May 6, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustments shall be negotiatedthrough the Purchasing Division.

The indx used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data. #25..
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39 5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. d. Pollution Liability - insurance with a minimum limit of liabitliy per occurrence of $1,000,000 and $2,000,000 aggregare per policy period of one year.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be #25..
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40 construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

The CITY, its officers, officials, employees, agents and volunteers, shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.

For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents and volunteers. Any insurance or selfinsurance maintained by CITY, its officers, officials, employees, agents and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
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41 At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

8. INDEMNITY: The CONTRACTOR shall hold the CITY, its officers, officials, employees, agents and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its officers, officials, employees, agents and volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

9. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

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42 be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-44;
d. Contractor’s City of Modesto business license

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date #25..
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43 and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the #25..
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44 termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

14. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
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45 c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. NOTICES:
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46 Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES: No minimum or maximum is guaranteed or implied.

21. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply. #25..
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47 23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. #25..
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48 e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

24. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

27. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or #25..
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49 implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

28. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. WAIVER:

The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

31. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this #25..
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50 AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

34. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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51 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 09, 2024
Date: March 13, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to the Agreement with Duke’s Root Control Service, Inc. for Sewer Root Control Services
CONTACT: Jeff Daniels, Acting Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving the First Amendment to the Agreement with Duke’s Root Control Service for the provision of Sewer Root Control Services to a revised total amount not to exceed $551,758 over five years. (Funding Source: Sewer Operations Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Utilities Department, Wastewater Division requires services to control and prevent root intrusion in the sewer pipes. As tree roots enter the sewer system pipes through cracks and joints, they create blockages and impede normal system flows. This often results in a sanitary system overflow (SSO). In addition, damage to the pipes leads to significant repair costs and the risk of hefty fines from the State and exposure to lawsuits from Environmental groups in the event SSOs occur.

Chemical root control is the most efficient and effective method of managing root intrusion into the sewer pipes due to it requiring less time, labor, and equipment while not adversely affecting the trees. The City has successfully used this method of root control for several years.

On July 06, 2021, by Resolution No. 2021-266, Council approved an agreement for the furnishing of root control services with Duke’s Root Control, Inc., Syracuse, NY, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $65,879 and a total amount not to exceed $329,395 over five (5) years. #26..
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City Council, April 09, 2024
First Amendment to the Agreement with Duke’s Root Control Service, Inc. for Sewer Root Control Services