DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

Notice to Prospective Proposers

March 4, 2025

You are invited to review and respond to this Request for Qualifications (RFQ), entitled “Rubberized Asphalt Concrete Engineering and Technical Assistance, DRR24057".  In submitting your Statement of Qualifications package, you must comply with the instructions herein.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions, Special Terms and Conditions and Contractor Certification Clauses which are referenced in this package.

In the opinion of the Department of Resources Recycling and Recovery (CalRecycle) this RFQ is complete and without need of explanation.  However, if you have questions, or should you need any clarifying information, the contact person for this RFQ is:

Melissa Atencio
contracts@calrecycle.ca.gov
(916) 341-6544 

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Melissa Atencio
Contract Administrator

All construction activities require a Performance Bond which unconditionally guarantees the Contractor’s and its Subcontractor’s performance in all respects of the terms, conditions and provisions of the Contract.  A Performance Bond is required for every Work Order that involves construction activities and shall be provided to CalRecycle’s Contract Manager on or before the signed Work Order is returned to CalRecycle’s Contract Manager.  This bond must guarantee Contractor’s and its Subcontractors’ compliance with the terms of the Agreement and Work Order.  In no event shall Contractor or its Subcontractors commence any construction activities unless and until Contractor provides a complete and valid Performance Bond to CalRecycle’s Contract Manager. 

Attach an organization chart indicating the Project Manager and other staff designations as required by the RFQ. Other personnel may be included in the organization chart.  A resume is required for each person shown on the organization chart.  Only personnel listed on the organizational chart may attend interviews and negotiation meetings.  Each resume shall include, at a minimum, the following:

1. Current position in the firm.
2. Experience for at least the last five (5) years.
3. Major projects and accomplishments. 
4. Education and special training.
5. Professional Registrations, include certificate number(s).
6. Professional affiliations.

In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

In accordance with Public Contract Code Section 10285.1, Bidder shall complete, under penalty of perjury, the following statement:

Bidder must complete and submit the Bidder Declaration form available at: https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-106.pdf

Bidders shall list the name and location of all subcontractors who will be employed, the kind of work which each will perform, and the percentage of the total bid that will be paid to each in the completion of the work. 

For Bidders who are Certified SB and/or DVBE, Bidder shall indicate their certification by completing item 1(a). 

For Bidders using subcontractors to meet the SB and DVBE requirements the Bidder shall complete item 2(b) and include the listed subcontractor’s Office of Small Business and DVBE Services (OSDS) certification number and certify that the subcontractor will perform a commercially useful function.  

Failure to submit this form with the proposal will result in the proposal being considered non-responsive. 

Bidders must complete and submit CCC’s included by reference and available for download at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language. 

An Agreement entered into by the State of California will include by reference the Contractor Certification Clauses (CCC). 

Failure to submit this form with the Statement of Qualifications will result in the proposal being considered non-responsive.

Each listed certified SB/MB or DVBE must perform a "commercially useful function" in the performance of the contract as defined in Government Code Section 14837(d)(4). Proposers who are found to not be performing a CUF will have their proposals deemed nonresponsive. An SB/MB or DVBE is deemed to perform a CUF when the contractor does all the following:

1. Is responsible for the execution of a distinct element of the work of the Agreement.
2. Carries out its obligation by actually performing, managing, or supervising the work involved.
3. Performs work that is normal for its business services and functions.
4. Is responsible, with respect to products, inventories, materials, and supplies required for the agreement, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment.
5. Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

Each listed certified SB/MB or DVBE is required to use the COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION. Agreements resulting from this solicitation shall afterward be monitored for compliance with CUF for the duration of the agreement.

Bidder must complete, as instructed, and submit the Darfur Contracting Act included by reference and available at: http://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

PCC section 10475 through 10481 apply to any company that currently or within the previous three (3) 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 DGS to submit a proposal.

A scrutinized company is a company doing business in Sudan, as defined in PCC section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services (PCC section 10477(a)) unless written permission from the Director of DGS to bid on this procurement has been granted (PCC section 10477(b)).

Failure to submit this form with the Statement of Qualifications will result in the proposal being considered non-responsive

Rubberized Asphalt Concrete Engineering and Technical Assistance, DRR24057

Explanation of Point Assignment

(Details can be found in SECTION 4. EVALUATION AND SELECTION )

TBD (Contractor) agrees to provide the Department of Resources Recycling and Recovery (CalRecycle), with Rubberized Asphalt Concrete (RAC) Engineering and Technical services, as described herein.

CalRecycle Contract Manager: 
Name: Matthew Weiss
Phone: (916) 341-6206
Email: matthew.weiss@calrecycle.ca.gov

Contractor Contract Manager: 
Name: TBD
Phone: TBD 
Email: TBD 

Direct all Agreement Inquiries to: 

CalRecycle Contract Analyst:
Contracts Unit
Attention: Melissa Atencio 
Address: 1001 I St., MS 19-A 
                Sacramento, CA, 95814
Phone: (916) 341-6544 
Email: melissa.atencio@calrecycle.ca.gov 

Contractor Project Manager:
Attention: TBD
Address: TBD
Phone: TBD
Email:  TBD

The purpose of this Contract is to continue support of CalRecycle’s rubberized asphalt concrete (RAC) grant programs via RAC technology transfer and technical assistance to local governments; and to support CalRecycle’s non-grant RAC initiatives, including technical investigations, local government technical assistance, and new ad-hoc initiatives. 

The Contractor shall:

1. Support CalRecycle’s Rubberized Pavement Grant Program through RAC technology transfer and other technical assistance to grantees.
2. Conduct research studies on issues related to the use of tire rubber in paving projects.
3. Expand local government's knowledge of RAC’s engineering benefits and the correct procedures for its application. 

1. This Contract shall increase the use of Rubberized Asphalt Concrete (RAC) by expanding local government's knowledge of its engineering benefits and the correct procedures for its application. Pursuant to CalRecycle’s direction, the Contractor shall provide RAC technology transfer, construction inspection oversight, and project implementation assistance to local government agencies. The Contractor shall also provide technical assistance ranging from specification review to construction management assistance on RAC projects and conduct research on issues related to the use of tire rubber in paving projects and other technical assistance to RAC stakeholders. Some projects may include partnerships between a local government and a state agency. The Contractor may be required to provide technical assistance to Caltrans and other industry stakeholders.
2. All work under this Contract will be grouped into separate projects as determined by CalRecycle. For each project, the Contractor shall develop and submit a Work Plan identifying all the tasks required to complete the project, including completion dates, subcontractor usage and a budget estimate, when appropriate. CalRecycle shall review and approve each Work Plan and then issue a Work Order to the Contractor to complete the project. 

All work under this contract shall be performed through Work Orders issued to the Contractor by the Contractor Manager. The Contractor shall not commence work on any task without an approved Work Order. Any subsequent changes to the Work Orders shall be documented through a revised Work Order signed by both parties.

Task 1. RAC Technology Transfer.

At the direction of Contract Manager, the Contractor shall perform tasks related to technology transfer including, but not limited to:

1. Technical training to local governments and multi-jurisdictional/regional audiences that may include RAC manufacturing processes, specifications, construction and inspection processes, material sampling, and analysis techniques.
2. Provide technical assistance to support CalRecycle’s Rubberized Pavement Grant program and other RAC related efforts.
3. Provide construction management, inspection and technical oversight for CalRecycle’s Rubberized Pavement Grant projects.
4. Assist in the development and review of engineering designs for CalRecycle’s Rubberized Pavement grantees. 

Task 2. RAC Research.

Upon the Contract Manager's request, the Contractor shall perform tasks related to RAC investigations and studies including, but not limited to: 

1. Review and critique technical standards and specifications for RAC materials and construction.
2. Perform research investigations and studies related to RAC technologies.
3. Conduct RAC related research in conjunction with other CalRecycle affiliates such as Caltrans or California universities.
4. Provide other technical assistance as needed.

Task 3. Final Report.

A Final Report shall be submitted electronically summarizing the work completed during the contract term. The Final Report should include any important milestones accomplished and recommendations for further development of RAC technologies. All documents and reports drafted for publication by or for CalRecycle in accordance with this contract shall adhere to CalRecycle’s Contractor Publications Guide (https://www.calrecycle.ca.gov/Contracts/pubguide) and be reviewed by a technical editor of the Contractor’s choice to ensure compliance with CalRecycle’s guidelines before submission to the Contract Manager for final review and approval, refer to EXHIBIT D: SPECIAL TERMS AND CONDITIONS  item #9

The contract is to begin upon contract execution, estimated May 2025 and end May 2028, for a total time of 36 months. Table 1 shows the project schedule.

Table 1: Project Work Schedule

Services are required statewide and at multiple locations simultaneously. 

1. The Contract Manager has the authority to determine the quality and acceptability of the following:
   • Work to be performed
   • Rate and progress of the work
   • Fulfillment of the services provided by the Contractor
   • Compensation for services provided by the Contractor
      
2. These decisions will be deemed final and enforceable by the Contract Manager when the Contractor fails to complete orders required by this Contract.
    
3. The Contractor shall immediately bring any unanticipated issues to the attention of the Contract Manager.  The Contract Manager will confer with appropriate CalRecycle staff, if necessary, and the Contractor to resolve the issue.
    
4. The Contractor will designate a Project Manager who holds the following authority:
   • Act as the Contractor’s Representative for work to be provided under this Contract
   • Act as the Contractor’s Representative regarding contractual matters relating to this Contract.
      
5. If during the course of the Contract, it is deemed necessary to replace the Project Manager, Contract Manager approval is required.

1. INVOICING AND PAYMENT:

   1. For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein. 

       

   2. Itemized invoices shall be submitted electronically, with one set of supporting documentation (i.e., receipts, timesheets, etc), not more frequently than monthly in arrears to:

      contractpayment@calrecycle.ca.gov

       

   3. Each invoice submitted to CalRecycle must include the following information:
      • Invoice Number
      • Contract Number
      • Description of Rendered Activities/Services
      • Submitting Contractor’s Address

      • Invoice Period

         

2. BUDGET CONTINGENCY CLAUSE:

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

       

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

       

3. PROMPT PAYMENT CLAUSE: Payment will be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with Section 927).

    

4. TAXES: The State of California is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on employees' wages.  The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales or use tax imposed by another state.

    

5. COST BREAKDOWN: Reference Exhibit B-1: Rate Sheet.

    

6. TRAVEL CLAUSE: All travel will be reimbursed at the excluded employee travel rates in accordance with the California Code of Regulations Title 2, Division 1, Chapter 3, Subchapter 1, Article 2, Section 599.615.1 et seq.  The Contractor will be held to the State per diem rates in effect at the time of travel.  For specific per diem (lodging, meals and incidentals) reimbursement rates, see California Code of Regulations Title 2, Division 1, Chapter 3, Subchapter 1, Article 2, Section 599.619.  For this agreement, the Contractor’s headquarters are located at <Enter Address>.  Per diem will not be reimbursed for travel within 50 miles of Contractor’s headquarters.

    

   If the Contractor is unable to obtain lodging at the excluded employee rate, the Contractor shall request preapproval from the Contract Manager for lodging rates that exceed the allowable rates. Preapproval of excess lodging rates requires the Contractor to complete and submit CalRecycle form 151. The form requires a written justification and supporting documentation, including a minimum of three lodging quotes to validate the excess lodging rate. The Contract Manager will notify the Contractor of their decision. Excess lodging that is not preapproved will not be reimbursed.

    

7. PAYMENT WITHHOLD:  The provisions for payment under this contract will be subject to a ten percent (10%) withholding per invoice.  The withheld payment amount will be included in the final payment to the Contractor and will only be released when all required work has been completed to the satisfaction of CalRecycle.  The Contractor agrees to comply with the requirements of Public Contract Code (PCC), Section 10346.The provisions for payment under this contract will be subject to a ten thousand dollars ($10,000.00) withhold in accordance with Military and Veterans Code sections 999.5 and 999.7.

    

    

<<ENTER RATE WORKSHEET>>

These documents can be viewed at https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf.https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-Updates/GTC-225-February-2025.pdf

1. AGENCY LIABILITY: The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, CalRecycle shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
    

   AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties. CalRecycle reserves the right to amend this Agreement through a formal written amendment signed by both parties, for additional time and/or funding.
    

2. CALIFORNIA WASTE TIRES: Unless otherwise provided for in this contract, in the event the Contractor and/or Subcontractor(s) purchases waste tires or waste-tire derived products for the performance of this Agreement, only California waste tires and California waste tire-derived products shall be used. As a condition of payment under this Agreement, the Contractor must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Contract Manager.
   
   All formal notices required by this Agreement must be given in writing and sent by prepaid certified mail, fax, personal delivery or telex.
    
3. CONTRACT MANAGEMENT: The Contractor and the agents and employees of the Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. The Contractor may change the designated Project Director, but CalRecycle reserves the right to approve any substitution of the Project Director. The Contractor’s key personnel may not be substituted without CalRecycle’s Contract Manager’s prior written approval. CalRecycle may change the Contract Manager by notice given to the Contractor at any time. CalRecycle staff will be permitted to work side-by-side with the Contractor’s staff to the extent and under conditions that may be directed by the Contract Manager. In this connection, CalRecycle’s staff will be given access to all required data, working papers, etc. The Contractor will not be permitted to utilize CalRecycle’s staff for the performance of services, which are the responsibility of the Contractor unless the Contract Manager previously agreed to such utilization in writing, and any appropriate adjustment in price is made. No charge will be made to the Contractor for the services of CalRecycle’s staff for coordination or monitoring functions.
    
4. CONTRACTOR EVALUATIONS: CalRecycle will evaluate the Contractor’s performance within sixty days of the completion of this Agreement and shall remain on file by CalRecycle for a period of thirty-six months. If the Contractor does not satisfactorily perform the work or service specified in this Agreement, CalRecycle will submit a copy of the negative evaluation to the Department of General Services (DGS), Office of Legal Services, within five (5) working days of the completion of the evaluation. Upon filing an unsatisfactory evaluation with the DGS, CalRecycle shall notify and send a copy of the evaluation to the Contractor within fifteen (15) days. The Contractor shall have thirty days to prepare and send a written response to CalRecycle and the DGS. CalRecycle and the DGS shall file the Contractor's statement with the evaluation. (Public Contract Code, § 10369).
    
5. CONFIDENTIALITY/PUBLIC RECORDS: The Contractor and CalRecycle understand that each party may come into possession of information and/or data which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act, commencing with Government Code § 7920.000, or the Public Contract Code (PCC). CalRecycle agrees not to disclose such information or data furnished by the Contractor and to maintain such information or data as confidential when so designated by Contractor in writing at the time it is furnished to CalRecycle, only to the extent that such information or data is exempt from disclosure under the California Public Records Act and the PCC.
    
6. CONFLICT-FUTURE BIDDING LIMITATION AND FOLLOW-ON CONTRACTS: Pursuant to PCC § 10365.5:
    
   1. No person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid for, nor be awarded a contract for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract.
       
   2. Subdivision (a) does not apply to any person, firm, or subsidiary thereof who is awarded a subcontract of a consulting services contract that amounts to no more than ten (10) percent of the total monetary value of the consulting services contract.
       
   3. Subdivisions (a) and (b) do not apply to consulting services contracts subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.
       
7. CONSULTING SERVICES: If this Agreement is for consulting services, the Contractor is hereby advised of its duties, obligations and rights under PCC §§ 10335 through 10381.
    
8. DELIVERABLES: All documents and/or reports drafted for publication by or for CalRecycle in accordance with this contract shall adhere to CalRecycle’s Contractor Publications Guide at www.calrecycle.ca.gov/Contracts/PubGuide/ and shall be reviewed by CalRecycle’s Contract Manager in consultation with a CalRecycle editor.
   
   For contracts of $5,000 or more, any document or written report prepared for or under the direction of CalRecycle, shall include a notation on the inside cover as follows:
   
   "Prepared as part of CalRecycle contract number $solicitation_number, Total Contract Amount <<insert $$$>>, pursuant to Government Code § 7550."
    
9. ENTIRE AGREEMENT: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with the Attachments and/or Exhibits hereto, contains the entire Agreement of the parties.
    
10. ENVIRONMENTAL JUSTICE: In the performance of this Agreement, the Contractor shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the State. (Gov. Code, § 65040.12(e).)
     
11. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, the Contractor represents that it is not a target of Economic Sanctions. Should the State determine that the Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
     
12. FORCE MAJEURE: Neither CalRecycle nor the Contractor, including the Contractor's subcontractor(s), if any, will be responsible hereunder for any delay, default or nonperformance of this Agreement, to the extent that such delay, default or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, or flood, or any other cause beyond the reasonable control of such party.
     
13. GRATUITIES: CalRecycle may terminate this Agreement if gratuities were offered or given by the Contractor, or any agent or representative of the Contractor, to any employee of CalRecycle, with a view toward securing a contract or securing favorable treatment with respect to awarding or amending or making a determination with respect to performance of this Agreement.
     
14. HEALTH AND SAFETY: Contractors are required to, at their own expense, comply with all applicable health and safety laws and regulations. Upon notice, Contractors are also required to comply with CalRecycle's specific health and safety requirements and policies. Contractors agree to include in any subcontract related to performance of this Agreement, a requirement that the subcontractor comply with all applicable health and safety laws and regulations, and upon notice, CalRecycle's specific health and safety requirements and policies.
     
15. IMPRACTICABILITY OF PERFORMANCE: This Agreement may be suspended or cancelled, without notice at the option of the Contractor, if the Contractor’s or CalRecycle’s premises or equipment is destroyed by fire or other catastrophe or is 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.
     
16. INSURANCE: Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, or employees.

    1. Minimum Scope of Insurance

       Coverage shall be at least as broad as:

       1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).
           
       2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).
           
       3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
           

    2. Minimum Limits of Insurance
       
       Contractor shall maintain limits no less than:

       General Liability: (Including operations, products & completed operations, as applicable.)	$2,000,000 per occurrence for bodily injury, personal 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 operation/location or the general aggregate limit shall be twice the required occurrence limit.
       Automobile Liability:	$1,000,000 per accident for bodily injury and property damage.
       Employer’s Liability:	$1,000,000 per accident for bodily injury or disease.

        

        

        

        

        

        

        

    3. Deductibles and Self-Insured Retentions
       
       Any deductibles or self-insured retentions applying to General Liability and Automobile Liability must be declared to and approved by the State. At the option of the State, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the State, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the State guaranteeing payment of losses and related investigations, claim administration and defense expenses.
        
    4. Commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
        
       1. The State, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.
           
       2. For any claims related to this operation, the Contractor’s insurance coverage shall be primary insurance as respects the State, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the State, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
           
       3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by U.S. mail.
           
    5. The workers’ compensation and employer’s liability policy shall be endorsed to contain the following provisions:
       
       The insurer waives any right of recovery the insurer may have against the State, its officers, officials, employees and volunteers because of payments the insurer makes for injury or damage arising out of the work done under contract with the State.
        
    6. Verification of Coverage: Contractor shall furnish the State with original certificates and amendatory endorsements effecting coverage as required in this section. All certificates and endorsements are to be received and approved by the State before work commences. The State reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.
        
    7. Insurance companies issuing any of the policies required by these provisions shall have a rating classification of “A-” or better and a financial size category rating of “VII” or better according to the latest edition of the A.M. Best Key Rating Guide. Any other rating classification requires State approval.
        
    8. Contractor shall ensure that all Subcontractors procure insurance meeting the requirements of these provisions.
        
    9. State Remedies: If Contractor fails to maintain the insurance required to be carried by these provisions in full force and effect at all times, the State, in its sole discretion, may terminate this contract.
        
    10. Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State.
         
    11. Inadequate or lack of insurance does not negate the Contractor’s obligations under this Agreement. In the event the insurance coverages obtained by the Contractor is broader in scope or the limits are higher than those required under this Agreement, such scope and limits available to the Contractor shall also be available and applicable to the State.
         
17. INTELLECTUAL PROPERTY: CalRecycle shall exclusively own all intellectual property rights in and to all work product, including, but not limited to, writings, ideas, inventions (whether patentable or not), discoveries, research, proposals, and all other results and work product of any nature whatsoever, that is created, authored, produced, conceived, or reduced to practice in the course of the performance of this Agreement. Such intellectual property rights, whether registered or unregistered, and including all applications for and renewals or extensions thereof, shall include, but are not necessarily limited to copyrights; trademarks, service marks, trade dress, trade names, logos, and domain names, together with all of the goodwill associated therewith; and patents. The Contractor agrees, and shall cause all of its relevant personnel, including all employees, agents, subcontractors, and other personnel participating in any way in the creation or achievement of such work product, to agree, that any such work product that may qualify as “work made for hire” pursuant to 17 U.S.C. § 101 is hereby deemed a “work made for hire” for CalRecycle. To the extent that any of the work product does not constitute a “work made for hire” for CalRecycle, Contractor hereby irrevocably assigns to CalRecycle, and shall cause such personnel to irrevocably assign to CalRecycle, in each case without additional consideration, all rights, title, and interest throughout the world in and to the work product, including all intellectual property rights therein. Upon request of CalRecycle, the Contractor shall promptly take, and shall cause its relevant personnel to promptly take, such further actions, including execution and delivery of all appropriate instruments of conveyance, as may be necessary to assist CalRecycle to prosecute, register, perfect, or record its rights in or to any such work product.
     
18. LIABILITY FOR NONCONFORMING WORK: The Contractor will be fully responsible for ensuring 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, CalRecycle, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CalRecycle for any additional expenses incurred to cure such defects.
     
19. LICENSES OR PERMITS: The Contractor shall be an individual or firm licensed to do business in and with the State of California and shall obtain at his/her expense all license(s) and permit(s) required by law for accomplishing any work required in connection with this Agreement.
    
    In the event the Contractor fails to keep in effect at all times all required license(s) and permit(s), CalRecycle may, in addition to other remedies it may have, terminate this Agreement upon occurrence of such event.
     
20. ORDER OF PRECEDENCE: In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply: STD 213; GTC 04/2017  – General Terms and Conditions (incorporated by reference); Exhibit A – Scope of Work; Exhibit B – Budget Detail and Payment Provisions; Exhibit B1 Rate Sheet, Exhibit D – Special Terms and Conditions; Other exhibits in alphabetical order, beginning with E; Attachments in numerical order, beginning with 1.
     
21. OWNERSHIP OF DRAWINGS, PLANS AND SPECIFICATIONS: CalRecycle will have separate and independent ownership of all drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings, recommendations, data and memoranda of every description or any part thereof, prepared under this Agreement. The originals and all copies thereof will be delivered to CalRecycle upon request. CalRecycle will have the full right to use said originals and copies in any manner when and where it may determine without any claim on the part of the Contractor, its vendors or subcontractors to additional compensation.
     
22. PUBLICITY AND ACKNOWLEDGEMENT: The Contractor shall acknowledge CalRecycle’s support whenever projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, or other type of promotional material.
     
23. RECYCLED-CONTENT PRODUCT PURCHASING: In the performance of this Agreement, the Contractor shall purchase used and/or recycled-content products as set forth on the back of the Recycled-Content Certification Form (Exhibit D, Attachment 1). For assistance in locating recycled-content products, please search the recycled-content product database available at: www.calrecycle.ca.gov/rcpm. If after searching the database, contractors are unable to find the recycled-content products they are looking for, please notify CalRecycle’s Contract Manager. All recycled content products purchased or charged/billed to CalRecycle that are printed upon such as promotional items, publications, written materials, and other educational brochures shall have both the total recycled content (TRC) and the post-consumer (PC) content clearly printed on them.
    
    In addition, any written documents such as, publications, letters, brochures, and/or reports shall be printed double-sided on 100% post-consumer (PC) paper. Specific pages containing full-color photographs or other ink-intensive graphics may be printed on photographic paper. The paper should identify the post-consumer recycled content of the paper (i.e., “printed on 100% post-consumer paper”). When applicable, the Contractor shall provide the Contract Manager with an electronic copy of the document and/or report for CalRecycle’s uses. When appropriate, only an electronic copy of the document and/or report shall be submitted and no hard copy shall be provided.
     
24. REMEDIES: The Contractor shall perform all work pursuant to the Agreement in a safe, satisfactory, professional, efficient, and expeditious manner to the satisfaction of CalRecycle. Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under the Agreement, at law or in equity, and exercise of one right or remedy will not be deemed a waiver of any other right or remedy. In the event of the Contractor’s default under this Agreement, CalRecycle shall be entitled to all remedies available at law including, but not limited to, termination of this Agreement, withholding of any amount billed, and/or recovery of funds disbursed.
     
25. SETTLEMENT OF DISPUTES: In the event of a dispute, the Contractor shall file a “Notice of Dispute” with CalRecycle’s Director or his/her designee with ten (10) days of discovery of the problem. Within ten (10) days, the Director or his/her designee shall meet with the Contractor and CalRecycle Project Manager for the purpose of solving the dispute.
     
26. STOP WORK NOTICE: Immediately, upon receiving a written notice to stop work, the Contractor shall cease all work under this Agreement.
     
27. SUBCONTRACTORS: All Subcontractors previously identified in the bid/proposal submitted are considered to be acceptable to CalRecycle. Any change or addition of Subcontractors will be subject to the prior written approval of the Contract Manager or the Director or his/her designee. Upon termination of any Subcontract, the Contractor shall notify the Contract Manager or the Executive Director immediately. If CalRecycle or the Contractor determines that the level of expertise or the services required are beyond that provided by the Contractor or its routine Subcontractors, the Contractor shall be required to employ additional Subcontractors. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any Subcontractors, and no Subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to CalRecycle for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by any Subcontractor as it is for the acts and omissions of persons directly employed by the Contractor. The Contractors obligation to pay its Subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the Contractor. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any Subcontractor.
     
28. SUCCESSORS: The provisions of this Agreement will be binding upon and inure to the benefit of CalRecycle, the Contractor, and their respective successors.
     
29. TERMINATION: CalRecycle shall have the right to terminate this Agreement at its sole discretion at any time upon thirty (30) days written notice given to the Contractor. In the case of early termination, a final payment will be made to the Contractor upon approval by the Contract Manager of a financial report, invoices for costs incurred to date of termination and a written report describing all work performed by the Contractor to date of termination.
     
30. UNRELIABLE LIST: Prior to authorizing a Subcontractor(s) to commence work under this Agreement, the Contractor shall submit to CalRecycle a declaration from the Subcontractor(s), signed under penalty of perjury, stating that within the preceding three years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, have occurred with respect to the subcontractor(s).
    
    Placement of the Contractor on CalRecycle’s Unreliable List at any time after award of this Agreement may be grounds for termination of Agreement. If a Subcontractor is placed on CalRecycle’s Unreliable List after award of this Agreement, the Contractor may be required to terminate the Subcontract.
     
31. WASTE REDUCTION: In the performance of this Agreement, the Contractor shall take all reasonable steps to ensure that materials purchased or consumed in the course of the project are utilized both effectively and efficiently to minimize the generation of waste. The steps should include, but not necessarily be limited to, the use of reusable products, the use of recyclable and compostable products, discretion in the amount of materials used, the provision of alternatives to disposal for materials consumed, and the practice of other waste reduction measures where feasible and appropriate.
     
32. WORK AUTHORIZATION: If this Agreement is for services as needed or has clearly specified sub-categories a work authorization will be required before work can begin pursuant to this Agreement. The Contract Manager will make this determination, when work authorizations are required, the Contract Manager will prepare a work authorization for each item of work. Each work authorization, as appropriate, will consist of a detailed statement of the purpose, objectives, or goals to be undertaken by the Contractor, identification of the Contractor/Subcontractor team, all significant material to be developed and delivered by the Contractor, all materials to be furnished by CalRecycle to the Contractor, the Contractor’s estimated time schedule and person hours, billing rates and total cost of the work authorization.
    1. All work authorizations will be in writing, negotiated and approved by the Contract Manager and the Contractor's Project Director prior to beginning work. However, in situations where expedience is of the utmost importance, the Contract Manager may verbally authorize the Contractor to begin work following up with written authorization.
    2. The level of effort required for each work authorization will vary for each proposed project. Therefore, the Contract Manager will establish the timelines for completion of duties to be performed at the time of assignment.
    3. CalRecycle reserves the right to require the Contractor to stop or suspend work on any work authorization. The Contract Manager will provide, in writing to Contractor's Project Director, notice of the date work is to be halted or suspended. Approved costs incurred to that date shall be reimbursed in accordance with this Agreement’s provision.
    4. Each work authorization will be numbered sequentially.
    5. The actual costs of a completed, approved work authorization will not exceed the authorized amount, except if, in the performance of the work, the Contractor determines that the actual cost will exceed the estimated costs; the Contractor will immediately notify the Contract Manager. Upon such notification, the Contract Manager may:
       1. Alter the scope of the work authorization to accomplish the work within the estimated costs; or
       2. Augment the work authorization budget; or
       3. Authorize the Contractor to complete the work for the actual costs; or
       4. Terminate the work authorization.

Prior to exceeding the approved budget, approval must be secured in writing from the Contract Manager and the work authorization must be modified to reflect the change. If the problem occurs because the Contractor is in fault, the Contractor will absorb the additional costs.

Please use this checklist to assist in the preparation of your SOQ package to ensure that all required items are included.

• Cover Letter with contact information and statements as required in SECTION 3.4. COVER LETTER
• Copy of Required License(s) (Secretary of State) SECTION 3.8. QUALIFICATIONS AND LICENSES
• Supporting documentation requested in SECTION 3.8. QUALIFICATIONS AND LICENSES 

The following forms are required upon submittal pursuant to the provisions outlined in SECTION 3. STATEMENT OF QUALIFICATIONS SUBMITTAL REQUIREMENTS.

• SECTION 1. GENERAL INFORMATION
• SECTION 2. LICENSING/HEALTH & SAFETY INFORMATION
• SECTION 3. FINANCIAL INFORMATION
• SECTION 4. PROJECT EXPERIENCE
• SECTION 5. BONDING INFORMATION
• SECTION 6. LITIGATION/CLAIMS INFORMATION
• SECTION 7. PERSONNEL & ORGANIZATIONAL INFORMATION
• SECTION 8. ACKNOWLEDGMENT/AUTHORIZATION FORM

• ATTACHMENT 2: CLIENT REFERENCES
• ATTACHMENT 3: COMPLIANCE WITH GOVERNMENT CODE, SECTION 87100
• ATTACHMENT 4: PUBLIC CONTRACT CODE SECTION 10162 – QUESTIONNAIRE
• ATTACHMENT 5: PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
• ATTACHMENT 6: NONCOLLUSION AFFIDAVIT
• ATTACHMENT 7: BIDDER DECLARATION
• ATTACHMENT: DISABLED VETERAN BUSINESS ENTERPRISES DECLARATIONS (DGS PD 843)
• ATTACHMENT 9: COMMERCIALLY USEFUL FUNCTION (CUF) CERTIFICATION (CALRECYCLE 75)
• ATTACHMENT 8: CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)
• ATTACHMENT Template 97: IRAN CONTRACTING ACT (PCC 2202-2208) (When bidding on, submitting a proposal or executing a contract or renewal for a State of California contract for goods or services of $1,000,000.00 or more, a vendor must complete the Iran Contracting Act Certification.)
• ATTACHMENT 10: DARFUR CONTRACTING ACT

• ATTACHMENT 11: CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

   

The following forms are not required at the time of the SOQ submission but are part of the evaluation selection and/or draft Standard Agreement and will be required by the successful Contractor during the contract period:

• Supporting documentation requested in SECTION 3.7. ILLNESS AND INJURY PREVENTION PROGRAM (IIPP)
• ATTACHMENT 12: SMALL BUSINESS SUBCONTRACTOR PAYMENT CERTIFICATION
• ATTACHMENT: DISABLED VETERAN BUSINESS SUBCONTRACTOR PAYMENT CERTIFICATION
• EXHIBIT E: RECYCLED CONTENT CERTIFICATION
• Payee Data Record (Standard Form 204 viewable at https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx)

Please note that if any of the items are missing from the SOQ package, the package will be considered incomplete and will be disqualified from the process.