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SUMMARY OF CHANGES AS OF JANUARY 25, 2024 8:35AM

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SUMMARY OF CHANGES AS OF JANUARY 26, 2024 4:03PM

Notice to Prospective Bidders
Small Business and/or Disabled Veteran Business Enterprise Option
23-SA022 Regional Southern Movers

January 10, 2024,

As a State of California certified small business (SB) or disabled veteran business enterprise (DVBE), you are invited to review and respond to this contracting opportunity for Regional Southern Movers offered by the Department of Financial Protection and Innovation (DFPI). Government Code Section 14838.5 allows state agencies to contract with California certified SB's or DVBEs for goods, services and information technology for up to $249,999.99 as long as the agency obtains price quotations from two (2) or more certified SB's, including microbusiness(es) (MBs) or DVBEs with the condition that the contract award, if made, is to a California certified SB (MB) or DVBE. Refer to EXHIBIT A: SCOPE OF WORK for all required services. 

Questions regarding this solicitation must be submitted in writing via the online submission portal by January 17, 2024, by 5:00 PM PST. Verbal information will not be binding on the State unless such information is issued in writing as an addendum. 

Please note: The attached sample contract consists of a sample STD 213 and all Exhibits & Attachments.   Information displayed in orange font on the attached sample contract is for bidding purposes only and will not appear in the final contract.

Please note:  In order to award a contract, the apparent winning Contractor will need to complete the below items as directed and provided by the Contract Analyst. If the Contractor does not provide the required documents, DFPI reserves the right to reject the bid and move to the next lowest bid.

Any agreement entered with the State of California, will have the following included by reference:

General Provisions, which can be viewed and downloaded at the following internet site: General Terms and Conditions GTC 04/2017

Please be advised of Executive Order N-6-22 Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order (EO) 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, Bidder represents that it is not a target of Economic Sanctions. Should the State determine Bidder is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Bidder’s bid any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The Department of Financial Protection and Innovation (DFPI) is seeking a qualified contractor to provide Southern California Regional moving services to support its business operations. The contract shall include a full range of services by moving, relocating, re-configuring, cleaning, and repairing office furniture, freestanding or affixed office and modular systems furniture (MSF), equipment and related supplies from an existing location, transporting items to a new location, and placing the objects according to the direction of the DFPI. Moving services also include, but shall not be limited to, delivering equipment and products to DFPI employees at their residential address. Services are required in the Southern California counties of Inyo, Imperial, Fresno, Kern, Kings, Los Angeles, Madera, Mariposa, Merced, Mono, Monterey, Orange, Riverside, San Benito, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Tulare, Ventura, and Tri-City (Pomona, Claremont, La Verne) (See attached map in Exhibit A-1).

1. The contractor shall provide on-going, as needed moving services, including, but not limited to Seismic Anchoring, Office Furniture Repair, Office/Modular Systems Furniture (MSF) Cleaning and minor Modular Systems Furniture installations and re-configurations as described herein.
    

2. The contractor shall provide delivery/moving services, including, but not limited to furnishing all labor, materials, and equipment necessary to uncrate, assemble or install, deliver, relocate, pick-up and return various goods and materials. This function may include weekly deliveries and/or daily moving services, or as required by workload on an as-needed basis throughout Southern California.

    

3. DFPI anticipates a twenty-four (24) month term for this agreement. This agreement has an anticipated start date of March 18, 2024, or upon DGS/OLS approval, whichever is later.

    

4. Contractor's rates, specified in SECTION 2. REQUIRED DOCUMENTS shall stay in effect for the entire contract term. 

1. Services shall be performed at the following Southern California locations, including but not limited to:

• 1455 Frazee Rd #315, San Diego, CA 92108
• 300 S. Spring Street, Suite 15513, Los Angeles, CA 90013-1259
• 320 West 4th Street, Suite 750, Los Angeles, CA 90013-2344

2. Services shall be provided between Monday through Friday, 7:00 a.m. through 5:00 p.m., unless otherwise requested.

    

3. Additional deliveries and work shall be performed to other DFPI directed facilities, including but not limited to other State departmental addresses, and DFPI employee residential addresses within the Southern region.  Exceptions to addresses outside the listed area shall be agreed upon by both parties.

The project representatives during the term of this agreement shall be:

Direct all contractual inquiries to:

1. Contractor Responsibilities 

   1. The Contractor shall not commence work until the Agreement has been approved and fully executed.
   2. The Contractor shall not commence work until a Work Authorization has been received and approval by the DFPI Contract Manager. 
   3. The Contractor must have personnel available to commence work on the project if given sufficient advanced notice of ten (10) working days by the DFPI or upon mutual agreement. 
   4. The Contractor and its personnel shall be properly licensed, certified, insured, and experienced to perform their tasks.
   5. Building access is required at the work site. The Contractor shall ensure that arrangements with the building manager shall be obtained which include clearance, permits and parking location for loading and unloading materials.
   6. The Contractor shall supply vehicles in good working condition and in compliance with all federal, state, and local laws and regulations for operation.  All vehicles shall be sufficiently equipped with clean protective equipment to ensure safe transit and delivery of DFPI property.
   7. Job hours shall begin when the Contractor’s personnel arrive at the DFPI's designated site and shall end when items are delivered and placed as specified at the new location. No additional drive time is allowed unless the Contractor is transporting State property to or from storage. 
   8. Work shall be performed during normal business days and hours unless a different schedule is specifically requested by the DFPI.
   9. The Contractor is responsible for furnishing sufficient personnel to accomplish the work in the time indicated on the Work Authorization. If work is not completed within that period of time and requires overtime which was not specifically required by the DFPI, the State shall not be liable for overtime charges. In addition, overtime shall not accrue due to the Contractor’s failure to provide personnel and equipment at the DFPI's designated place and time. The State shall not pay overtime rates unless the Contractor’s personnel have worked in excess of eight (8) hours on the State job for the day overtime is charged. 
   10. If the Request for Service provided by the DFPI is not clear, it is the Contractor’s responsibility to seek clarification.
   11. The Contractor shall not charge for any time lost in any way not required in the performance of the services requested (excluding required break periods). The Contractor may charge for time used in delivering equipment and materials, and in removing them at the conclusion of the move. This time should be included in the Contractor’s response to Work Authorization
   12. The Contractor shall make all necessary arrangements with the local traffic authorities for access and use of adjacent streets, sidewalks, and malls. The Contractor shall be responsible for understanding and estimating the difficulties involved in each move.
   13. The Contractor shall attach documentation for all pass-through charges to the invoice.
   14. Failure to comply with any of the requirements may be grounds for contract termination.
   15. All performance under the agreement shall be completed on or before the termination date of the agreement.
   16. The Department of Financial Protection and Innovation (DFPI) reserves the right to request replacement of the Contractor's personnel upon reasonable request.

    

2. DFPI Responsibilities
   1. DFPI shall notify the contractor of any additional security requirements, such as special clearance procedures or the need for the Contractor's personnel to wear a uniform or identifying logo.
   2. DFPI shall make the necessary arrangements with the building managers for the use of the elevator and loading docks as necessary. 
   3.  DFPI shall provide contact names and phone numbers to contractor for each pick-up and delivery location.  
   4. DFPI can accommodate a walk-through/inspection upon Contractor's request.
   5. DFPI shall provide the following information:
      1. Work Authorization
      2. Agency contact information
      3. Requested date of move
      4. Date of pre-offer walk-through.
      5. Work Hours 
      6. Location 
      7. Inventory of items (recommended)
      8. Work will involve modular furniture (assembly or disassembly).
      9. Scope of Work
      10. Who will be responsible for packing the contents of desks and files.
      11. Any special conditions of the job or work site (stairs, elevators, parking, bonds, security issues, etc.)

The Department of Financial Protection and Innovation (DFPI) provides protection to consumers and services to businesses engaged in financial transactions.  DFPI regulates a variety of financial services, products, and professions, and oversees the operations of state-licensed financial institutions, including banks, credit unions, money transmitters, issues of payment instruments and traveler’s checks, and premium finance companies.  Additionally, DFPI licenses and regulates a variety of financial businesses, including securities brokers and dealers, investment advisers, deferred deposit and certain fiduciaries and lenders, and regulates the offer and sale of securities, franchises, and off-exchange commodities. DFPI’s Enforcement Division enforces the laws administered by DFPI.

The Contractor will work with DFPI on a mutually agreed timeline that fulfills the work within this agreement. 

1. Covered Services

   An additional function of the Contractor includes general moving services as required on an as-needed basis and the following types of goods and materials:

   1. Seismic bolting and unbolting of file cabinets, storage cabinets, etc.
   2. The Contractor shall provide assembly, disassembly, removal, relocation and/or reconfiguration of modular system furniture (MSF), including but not limited to cutting work surfaces and alterations as needed.
   3. Short term storage of furniture/boxes/miscellaneous office equipment in a secured location as required.
   4. Labor, equipment and materials to perform various office moves related services including packing, moving, transportation/delivery, unpacking, and moving management.
   5. Perform various assembly and disassembly of furniture including re-configurations, moves, and changes.
   6. Computer disconnection and re-connection services by experienced personnel as requested. All fragile equipment shall be pad-wrapped.
   7. Removal of surplus property to an appropriate location as needed.
   8. No travel, including mileage, will be reimbursed under this agreement.
   9. Removal of packing materials, rubbish and debris from government premises as directed.  
   10.  Moving services as required for:
       1. Office furniture and related items.
       2. Heavy electrical and mechanical equipment.
       3. Individual modular systems' furniture components.
       4. Confidential records and materials to the State Records Center(s).
       5. Office contents and boxes.  
       6. Electronic equipment: i.e., telephones, computers, monitors, scanners, printers, electronic amenities. 
       7. Libraries.

       8. Palletizing and transporting materials to an appropriate local destination.

           

2. Move Coordination Planning 
   1. The contractor shall provide a move coordinator to direct workers and to ensure that all necessary communications with the DFPI are provided throughout the project.
   2. DFPI shall provide the Contractor with an inventory of items to be moved. 
   3. Any items of particular value shall be listed separately by the DFPI, and the value noted on the inventory list. 

   4. Any items that require special handling shall be noted and the items tagged. 

       

3. Packing, Pickup, and Other Preparations
   1. DFPI shall notify the Contractor of any packing requirements and shall pay no more than the applicable contracted maximum hourly rate. 
   2. Pickup shall be on the date mutually agreed upon. If the Contractor cannot meet that date and time, the Contractor shall notify DFPI twenty-four (24) hours in advance. Delays by the Contractor of more than one (1) day from that agreed upon date may result in a penalty to the contractor of one-hundred dollars ($100) per day.

   3. The Contractor shall provide the type of vehicle applicable to the items to be moved (e.g., refrigerated van, vehicle provider, low-boy, etc.). Also, the Contractor shall not provide two (2) smaller vehicles (and charge extra) when one (1) larger vehicle would be more appropriate.

       

4. Storage

   If the new facility is not available at the time of the move and/or items must be stored, DFPI may request storage-in-transit. When that occurs, the following steps shall be taken:

   1. The DFPI must request storage-in-transit at least five (5) days prior to the move.
   2. Separate charges will accrue for transportation to storage, the storage period, and transportation from storage to the new facility. 
   3. If storage is required for more than 90 days, a separate agreement will be necessary with the storage company itself with rates and terms that are not regulated by the Public Utilities Commission. 

   4. Should the DFPI expect to use long-term storage, the DFPI will carefully review the rates and terms offered by the storage facility before the move.  If the terms place an undue burden on the State (such as limited access/removal, and unnecessary requirement for staff, etc.), the DFPI may decline, and the Contractor shall offer an acceptable alternate facility. Facilities offered by the Contractor must be applicable to the type of property requiring storage (i.e., refrigeration, low humidity, etc.).

       

5. Work Authorization

   In order to implement the statement of work, the Contractor, in consultation with the DFPI Contract Manager, and/or other appropriate DFPI staff shall prepare work authorizations further defining tasks to be completed, expected deliverables and conditions of acceptance. Each work authorization shall be prepared in accordance with the attached sample contained in Exhibit E which is incorporated into this contract.

   1. It is understood and agreed by both parties to this contract that all the terms and conditions of this contract shall remain in force with the inclusion of any such Work Authorizations. Such Work Authorizations shall in no way constitute a contract other than as provided pursuant to this Contract nor in any way amend or supersede any of the other provisions of this Contract.
   2. Each Work Authorization shall consist of a detailed statement of the purpose, objective, or goals to be undertaken by the Contractor, an estimated time schedule for the provision of these services by the Contractor, the name of the Contractor's personnel to be assigned, the Contractor's estimated work hours required to accomplish the purpose, objective or goals, the Contractor's billing rates per work hour, and the Contractor's estimated total cost of the Work Authorization. 
   3. All Work Authorizations must be in writing prior to beginning work and signed by the Contractor Representative, DFPI Contract Manager (CM), DFPI SSMI/SSMII Manager, and/or other appropriate DFPI staff identified on the WA, at least ten (10) days before work can begin.
   4. Personnel resources will not be expanded (at a cost to the State) on task accomplishment in excess of estimated work hours required unless the procedure below is followed: 
      1. Alter the Work Authorization to authorize the Contractor to expend the estimated additional work hours of service in excess of the original estimate necessary to accomplish the Work Authorization, or 
      2. Terminate the Work Authorization, or 
         1. Alter the scope of the Work Authorization in order to define tasks that can be accomplished within the remaining estimated work hours.
   5. DFPI has the right to require the Contractor to stop or suspend work on any Work Authorization pursuant to the “Stop Work” provision of the General Provisions. 
   6. DFPI has the right to cancel the WA prior to the scheduled work date, without any additional fees/cancelation charges.
       
6. Parking  
   The state does not provide parking. However, off-loading of equipment and materials may be performed at the building’s loading dock or where applicable (ie, sidewalk, parking lot, etc.). In some cases, permission is required to be obtained in advance with Building Management for loading and offloading. The contractor will coordinate DFPI project lead for parking accommodation.  Any parking fees incurred by the contractor will not be reimbursed.

1. The State shall have and exercise full and complete control over granting, denying, withholding, or terminating building clearances for Contractor's Personnel.

    

2. The Contractor’s staff shall check in with building security at the building’s main entrance, where they are to provide a valid State of California issued identification and will be issued a temporary pass that will be returned at the end of each day. Temporary passes shall be worn while performing services in the building and on the building’s grounds.

    

3. All Contractors' personnel shall notify the DFPI Contract Administrator or DFPI staff upon arrival each day and sign-in and out on the DFPI maintenance log book daily.

    

4. The Contractor’s staff shall be in a uniform (with a name-tag that easily identifies them as Contractor’s staff.

    

5. The Contractor shall be responsible for all costs incurred as a result of false fire alarms or other system alarms activated by the Contractor’s negligence or that of its employees, material suppliers, and/or subcontractors.
    
6. The state does not provide parking. However, off-loading of equipment and materials may be performed at the building's loading dock if permission is obtained in advance from the DFPI Contract Administrator or DFPI staff and sufficient space is available.

This Agreement may be amended for additional time or money upon mutual written consent by both parties. Additional time shall not exceed one (1) year. The agreement amount, including amendments, cannot exceed DFPI's delegated purchasing authority amount of $249,999.99.

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, and made a part of this Agreement, identified in Budget Detail and Payment Provisions, SECTION 4. PAYMENT DETAIL. No travel will be reimbursed. 
    

2. Invoices shall include the Agreement number 23-SA022, and shall be submitted electronically not more frequently than monthly in arrears to:
   
   Department of Financial Protection and Innovation
   Attn: Accounting Office
   accountingap@DFPI.ca.gov
   
   Invoices shall include the following:

• Agreement Number 23-SA022

• Work Authorization number

• Personnel, Rate and Hours[BX2] 

   

3. If Vendor is a DVBE, the following applies: Aligned with legislative changes of AB 230 (Brough, Chapter 676, Statutes of 2019) amending section 999.5 of the Military and Veterans Codes (MVC) and Sections 14839 and 14841 of the Government Code (GC) and the added Section 10230 to the Public Contract Code (PCC); AB 1365 ( Veterans Affairs Committee, Chapter 689, Statues of 2020) added Section 999.7 to the MVC, it is the awarded contractor’s responsibility to understand and comply with these requirements.
    

   1. The awarded Contractor is required to submit a complete and accurate Prime Contractor’s Certification – DVBE Subcontracting Report ( STD 817) Upon contract completion.
   2. The STD 817 can be found here: Prime Contractor’s DVBE Subcontracting Report (ca.gov)
   3.  DFPI will withhold $10,000, or full payment if less than $10,000, from a prime Contractor’s final payment pending the receipt of a complete and accurate STD 817.
   4. DFPI will review the STD 817 and determine if it is complete and accurate. The withhold will only be released once the review and determination has been completed by DFPI.
   5. If the STD 817 is late or incomplete, DFPI will send the prime Contractor a cure notice allowing a minimum of 15 days, but no more than 30 days, to meet the certification requirements.
   6. If the prime Contractor does not comply by the identified deadline, the withhold is permanently deducted.
   7. All records shall be retained for a minimum of six (6) years.

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 Contractor or to furnish any other considerations under this Agreement and 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 Contractor to reflect the reduced amount.

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

In accordance with Item 1.A. above, DFPI shall pay the Contractor in accordance with the rates identified herein Exhibit B1: Cost Worksheet.

<<PLACEHOLDER>>

Any agreement entered with the State of California, will have the following included by reference:

General Provisions, which can be viewed and downloaded at the following internet site: General Terms and Conditions GTC 04/2017

1. Excise Tax
   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. The State of California may pay any applicable sales and use tax imposed by another State.
    
2. Settlement of Disputes
   In the event of a dispute, the Contractor shall file a "Notice of Dispute" with the Department of Financial Protection and Innovation (DFPI), Commissioner, within ten (10) days of discovery of the problem. Within ten (10) business days, the Commissioner shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The decision of the Commissioner shall be final. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the bid proposal.
    
3. 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, the State 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 performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
    
4. Potential Subcontractors
   Nothing contained in this Agreement or otherwise, shall create any Contractual relation between the State of California and any subcontractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State of California 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 of California obligation to make payments to the Contractor. A s a result, the State of California shall have no obligation to pay or enforce the payment of any moneys to any subcontractor.
    
5. Confidentiality of Data
   The Software Management Policy requires that State Contractors certify they have appropriate systems and controls in place to ensure that State funds will not be used in the performance of a Contract for the acquisition, operation, or maintenance of computer software in violation of copyright laws. These requirements are incorporated as standard language in Contracts awarded by the State.
   
   All financial, statistical, personal, technical, and other data and information relating to DFPI operations which are designated confidential by the DFPI and made available to the Contractor in order to carry out this Agreement/Contract, shall be protected by the Contractor from unauthorized use and disclosure. No reports, information, discoveries, or data obtained, assembled, or developed by the Contractor pursuant to this Contract shall be released, published, or made available to any individual/entity without prior written approval from the DFPI. The Contractor shall retain as confidential all recommendations made to the DFPI, all discussions between staff of DFPI and the Contractor and all communications, written, oral or electronic, between the Contractor and the DFPI.
   
   The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information, which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Agreement or is rightfully obtained from third parties.
    
6. 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.
    
7. Cancellation
   The DFPI reserves the right to cancel the Agreement with thirty (30) days advance written notice to the Contractor.
    
8. Stop Work Order
   The DFPI reserves the right to issue an order to stop work in the event that a dispute should arise, or in the event that State gives Contractor notice that the Agreement will be terminated. The stop-work order will be in effect until the dispute has been resolved or the Agreement has been terminated.

The DFPI reserves the right to amend this agreement under mutual signed agreement by both parties, and approved by DGS OLS if it's required. The Contract may require an amendment as a result of project review, changes and additions, changes in project scope, or availability of funding.

1. Commercial General Liability
   Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage liability. The policy shall include coverage for liabilities arising out of premises, operations, independent Contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured Agreement. This insurance shall apply separately to each insured against which claim is made, or suit is brought subject to the Contractor’s limit of liability. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the Contract.
    
2. Automobile Liability
   If Contractor has commercially owned autos, Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the Contract.
   
   If Contractor has personally owned autos, by signing this Agreement, the Contractor certifies that the Contractor and any employees, subcontractors or servants possess valid automobile coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The State reserves the right to request proof at any time.
   
   If auto ownership is unknown, Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. The policy must name The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the Contract.
   
   If Contractor will not have any commercially owned vehicles used during the life of this Agreement, by signing this Agreement, the Contractor certifies that the Contractor and any employees, subcontractors or servants possess valid automobile coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The State reserves the right to request proof at any time.
    
3. Workers’ Compensation and Employer’s Liability
   Contractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. In addition, employer’s liability limits of $1,000,000 are required. If applicable, Contractor shall provide coverage for all its employees for any injuries or claims under the U.S. Longshoremen’s and Harbor Workers’ Compensation Act, the Jones Act or under laws, regulations, or statutes applicable to maritime employees. By signing this Contract, Contractor acknowledges compliance with these regulations. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California must be attached to the certificate.
    
4. Professional Liability
   If Contract has exposure of a professional nature, including Consultants, Doctors, Engineers, and other professions, Contractor shall maintain Professional Liability covering any damages caused by a negligent error, act, or omission with limits not less than $1,000,000 per claim and $2,000,000 policy aggregate. The Retroactive Date must be shown and must be before the date of the Contract or the beginning of Contract work. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
    
5. Motor Truck Cargo Legal Liability
   If Contractor will be transporting State property, Contractor shall maintain Motor Truck Cargo Legal Liability with a limit no less than the full amount of State-owned property, materials, and/or equipment being transported. The policy coverage shall be on a Special Coverage Form including loading & unloading.
    
6. Bailee’s Legal Liability
   If Contractor will have State property in their care, custody, and/or control, including State property on their premise for storage, repair, and other conditions, Contractor shall maintain Bailee’s Legal Liability with a limit equal to the replacement value of State-owned property in Contractor’s care, custody, and control. The Contractor’s policy also must include coverage for state property, which is destroyed, including but not limited to by the following perils of fire, lightning, theft, burglary, robbery, windstorm, explosion, collision, floor, sprinkler leak, and earthquake.

1. Coverage Term – Coverage needs to be in force for the complete term of the Contract. If insurance expires during the term of the Contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the Contract.
    
2. Policy Cancellation or Termination & Notice of Non-Renewal – Contractor and/or Permittee is responsible to notify the State within five business days before the effective date of any cancellation, non-renewal, or material change that affects required insurance coverage. In the event Contractor and/or Permittee fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.
    
3. Deductible – Contractor and/or Permittee is responsible for any deductible or self- insured retention contained within their insurance program.
    
4. Primary Clause – Any required insurance contained in this Contract shall be primary, and not excess or contributory, to any other insurance carried by the State.
    
5. Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Contractor and/or Permittee is self-insured for a portion or all its insurance, review of financial information including a letter of credit may be required.
    
6. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.
    
7. Inadequate Insurance – Inadequate or lack of insurance does not negate the Contractor and/or Permittee’s obligations under the Contract.
    
8. Satisfying an SIR – All insurance required by this Contract must allow the State to pay and/or act as the Contractor’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the Contractor’s agent in satisfying any SIR is at the State’s discretion.
    
9. Available Coverages/Limits – All coverage and limits available to the Contractor shall also be available and applicable to the State, regardless of the minimum limits required in Section 2. Insurance Requirements below.
    
10. Subcontractors – In the case of Contractor and/or Permittee’s utilization of subcontractors to complete the Contracted scope of work, Contractor and/or Permittee shall include all subcontractors as insured under Contractor and/or Permittee’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor and/or Permittee.
     
11. Premiums – The Contractor/Permittee shall be responsible for any premium, deductible or self-insured retention in connection with any Required Insurance
     
12. Required Insurance – By requiring the insurance herein, the Department does not represent that the insurance coverage and limits will necessarily be adequate to protect the Contractor/Permittee and such coverage and limits shall not be deemed as a limitation on the Contractor’s/Permittee’s liability under the indemnities granted to the Department in this Contract.
     
13. Insurance Certificate – Contractor shall provide an insurance certificate evidencing the required insurance coverage before work commences under this Agreement