STATE OF CALIFORNIA THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

P.O. Box 944246

SACRAMENTO, CA 94244-2460

(916) 653-7772 Website: www.fire.ca.gov

September 8, 2026

Dear Potential Contractor, The California Department of Forestry and Fire Protection (CAL FIRE) currently has a contracting opportunity for Heating, Ventilation, and Air Conditioning (HVAC) Equipment Maintenance and Repair services with the Tuolumne Calaveras Unit (TCU) located at Baseline Fire Center, 16809 New Peoria Flat Road, Jamestown, CA 95327. Only California Certified Small Businesses are eligible to submit quotes on this request. The prime Certified Small Business bidder may not subcontract out any portion of the work.

Please find attached a Rate Sheet, Darfur Contracting Act form (CAL FIRE-720), Payee Data Information form (STD 204), Contractor Certification Clauses form (CCC 04/2017), California Civil Rights Laws Attachment form, Bid /Bidder Certification Sheet, Non-Collusion for Public Works, and a Sample Agreement (STD 213). Please review the Sample Agreement (STD 213) for a detailed Scope of Work and contract requirements. Contractor shall be responsible for services as described within the Sample Agreement (STD 213). The sample agreement is for information only. Please do not fill out any information within the sample agreement.

A mandatory site walk-through is scheduled at 09:00 a.m., September 23, 2026, at the following location: 16809 New Peoria Flat Road, Jamestown, CA 95327.

Please contact Gloria Pietromonaco@fire.ca.gov no later than 05:00 p.m., September 22 ,2026, to arrange for attendance of the conference.

Any questions that are not addressed at the walk-through must be submitted to Gloria Pietromonaco by 05:00 p.m., September 30, 2026. No further questions will be entertained after that date.

This contract requires Prevailing Wages if the total bid amount exceeds $1,000. If the total bid amount is under $1,000, then Prevailing Wage language will be removed prior to award. Refer to Sample Standard Agreement, for requirement details.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions (GTC 02/2025) and Contractor Certification Clauses that may be viewed and downloaded at Internet site https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard- Contract-Language. If you do not have Internet access, a hard copy can be provided by contacting the person listed below.

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.

If your company is interested in competing for this contracting opportunity, please submit following documents attached by email to my attention, Gloria Pietromonaco, Gloria.Pietromonaco@fire.ca.gov; by October 07, 2026..

Attachment 1, Rate Sheet Bid/ Bidder Certification Sheet Darfur Contracting Act form (CAL FIRE-720) Payee Data Information (STD 204) Contractor Certification Clauses (CCC 04/2017) Non-Collusion for Public Works Proof of valid and current C – 20 Warm Air Heating, Ventilating, and Air Conditioning Contractor License Proof of valid Department of Industrial Relations (DIR) registration as a Public Works Contractor

Please contact me with any further questions.

Thank you for your interest in contracting with the Department of Forestry and Fire Protection.

Gloria Pietromonaco Contract Analyst CAL FIRE Business Services E-Mail : Gloria.Pietromonaco@fire.ca.gov

ATTACHMENT 1

RATE SHEET

Rate Sheet for Contract 4CA07760 Heating, Ventilation, and Air Conditioning (HVAC) Equipment Maintenance and Repair Services at CAL FIRE TCU located at Baseline Fire Center, 16809 New Peoria Flat Road, Jamestown, CA 95327

Item No. Description of Service

Estimated

# of Services

Unit of Measure

Unit Price Per Service

Cost (Estimated

Quantity x Unit Price)

1 Quarterly Maintenance as described in Exhibit A, Scope of Work 432 Per

Service $

2 Annual Maintenance as described in Exhibit A, Scope of Work 108 Per

Service $

Sub Total $

Allocation For Unforeseen Costs and Repairs¹ $30,000.00

Total Agreement Cost (Sub Total + Allocation for Unforeseen Costs) *

Notes: *All-Inclusive Cost for Services ¹ Payable only at the discretion of the CAL FIRE Project Representative

Submitted by: ___________________________________________________ Date: _______________________

Contact Name / Title:

Company Name:

Company Address:

Telephone Number:

E-Mail Address:

Estimated quantities are not guaranteed and is not binding on the contracting agency. The Total Costs indicated above will be used solely for computing the cost as a fair and equitable formula to determine the low bidder and is not binding on the contracting agency. However, the actual costs quoted above by the bidder shall be binding for the term of the Agreement. Small Business and Disabled Veteran Business Enterprise incentives will also be applied to determine the lowest bid. CAL FIRE reserves the right to correct and revise calculation errors made by the bidder.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail.

Please do not alter, modify, or change this bid proposal sheet. Any alterations, modifications, or changes to this bid proposal sheet will be grounds to reject the bid.

Each line item must be bid. Please do not leave any unit price column blank or this bid proposal sheet will be disqualified from competition for contract award.

BID/BIDDER CERTIFICATION SHEET

This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures/ electronic signature. The bid must be transmitted in accordance with Solicitation instructions.

A. Our all inclusive bid is submitted as detailed in Attachment 1, Rate Sheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 2. Telephone Number 2a. Fax Number

3. Address

E-mail Address:

5. Partnership Indicate your organization type: 4. Sole Proprietorship

6. Corporation 6a. L.L.C. Limited Liability Corporation Indicate the applicable employee and/or corporation number:

7. Federal Employee ID No. (FEIN) 8. California Corporation No.

9. Indicate applicable license and/or certification information:

10. Bidder’s Name (Print) 11. Title

12. Signature 13. Date

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Certification as:

a. California Small Business Enterprise Yes No Yes No

If yes, enter certification number:

a. Disabled Veteran Business Enterprise Yes No

If yes, enter certification number:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSBCR, if an application is pending:

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below.

Item Numbers

Instructions

1, 2, 2a, 3

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one

(1) person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

Check if your firm is a partnership. A partnership is a voluntary agreement between two (2) or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two (2) or more persons to carry on, as co-owners, a business for profit.

6, 6a

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. Or a Limited Liability Corporation.

Enter your federal employee tax identification number.

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13

Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

DARFUR CONTRACTING ACT VENDOR CERTIFICATION

Pursuant to Public Contract Code Section 10478, if a bidder or proposer currently, or within the previous three (3) years, has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized company” as defined in Public Contract Code Section 10476 (see attached definition).

Therefore, to be eligible to submit a bid or proposal, please complete the company/vendor information and one of the three following clauses (NOTE: Clause #1 requires initials only; Clause #2 requires initials only; Clause #3 requires initials and a certification signature):

DATE

FEDERAL ID NUMBER

PRINTED COMPANY / VENDOR NAME

PRINTED NAME AND TITLE OF AUTHORIZED PERSON INITIALING AN OPTION BELOW

Complete ONLY ONE of the following:

1. _____ We do not currently have, and have not had within the previous three (3) years, business

Initials activities or other operations outside of the United States.

only

OR

2. _____ We are a scrutinized company as defined in Public Contract Code Section 10476, but we

Initials have received written permission from the Department of General Services (DGS) to submit only a bid or proposal pursuant to Public Contract Code Section10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. _____ We currently have, or we have had within the previous three (3) years, business activities Initials or other operations outside of the United States, but we certify below that we are not a + scrutinized company as defined in Public Contract Code Section 10476.

certification below

CERTIFICATION for #3 I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in #3. This certification is made under the laws of the State of California.

BY (AUTHORIZED SIGNATURE)

PRINTED NAME AND TITLE OF AUTHORIZED PERSON SIGNING

DATE EXECUTED

EXECUTED IN THE COUNTY AND STATE OF

DEFINITION of SCRUTINIZED COMPANY

PUBLIC CONTRACT CODE SECTION 10476

10476. As used in this article, the following definition applies:

"Scrutinized company" means a company in Sudan that is involved in power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, but excludes a company that can demonstrate any of the following:

(a) Its business operations are conducted under contract directly and exclusively with the regional government of southern Sudan.

(b) Its business operations are conducted under a license from the Office of Foreign Assets Control or are expressly exempted under federal law from the requirement to be conducted under such a license.

(c) Its business operations consist of providing goods or services to marginalized populations of Sudan.

(d) Its business operations exclusively consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization.

(e) Its business operations consist of providing goods or services that are used only to promote health or education.

(f) Its business operations with the Government of Sudan will be voluntarily suspended for the entire duration of the contract for goods or services for which they have bid on, or submitted a proposal for, a contract with a state agency.

(g) It has adopted, publicized, and is implementing a formal plan to cease business operations within one year and to refrain from conducting any new business operations.

PAYEE DATA RECORD (STD 204)

All bidders’ must complete the Payee Data Record (STD 204) and include it with the bid response.

The Payee Data Record (STD 204) is available at the following website:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

THE REST OF THIS PAGE IS BLANK

CONTRACTOR CERTIFICATION CLAUSES (CCC 04/2017)

All bidders must complete the Contractor Certification Clauses form (CCC 04/2017) and include it with the bid response.

The Contractor Certification Clauses Form (CCC 04/2017) is available at the following website:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC- 042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE

THE REST OF THIS PAGE IS BLANK(if applicable)

Non-Collusion for Public Works

NON-COLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID FOR PUBLIC WORKS

(Rev 04/22)

The undersigned declares:

I am the of _, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on (date), at (city), (state).

Signed:_________________________ Print/Type Name

THE REST OF THIS PAGE IS BLANK

2. The term of this Agreement is:

SAMPLE

Contractor TBD Contract Number 4CA07760

CAL FIRE

EXHIBIT A

(Scope of Work)

SCOPE OF WORK

1. Contractor agrees to provide to the California Department of Forestry and Fire Protection (CAL FIRE) Heating, Ventilation, and Air Conditioning (HVAC) Equipment Maintenance and Repair services, as described herein:

Contractor shall provide all materials, labor, equipment, tools, permits, taxes, transportation, and fees to maintain and service HVAC Equipment as described in Exhibit A, Scope of Work.

Services necessary for efficiency, safety, and relevant compliance of HVAC Units located at Baseline Fire Center.

2. Subcontracting is not permitted under this Agreement. All references to subcontracting or Subcontractors as found herein are not applicable to this Agreement.

3. The services shall be performed at Baseline Fire Center, 16809 New Peoria Flat Road, Jamestown, CA 95327.

4. Any reference to CAL FIRE Project Representative shall also include their designee.

5. This Agreement will commence on September 15, 2026 (Estimated), or upon approval by the California Department of General Services (DGS), whichever is later, and no work shall begin before that time. This Agreement is of no effect unless approved by DGS. Contractor shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by CAL FIRE Project Representative. This Agreement will expire on September 14, 2029 (Estimated). The services shall be provided during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., except State holidays. The parties may amend this Agreement as permitted by law.

6. The Project Representatives during the term of this agreement will be:

California Department of Forestry and Fire Protection (CAL FIRE) Contractor: TBD

Name: TBD Project Representative:

Address: (Street Address, City State, Zip Code) Address: (Street Address, City State, Zip Code)

Phone: Phone:

Email: Email:

7. Scope of Work Overview Contractor shall provide quarterly and annual maintenance services for various types of HVAC Units as listed in Attachment 2, HVAC Equipment List, which specifies each facility building’s equipment. The scope includes inspecting, testing, servicing, cleaning, and submitting estimates for repairs or replacement of components as necessary and with documentation. All references to the CAL FIRE Project Representative shall include the designated CAL FIRE Project Representative.

8. Detailed Scope of Work A. Contractor shall coordinate service schedule with the CAL FIRE Project Representative and notify the CAL

FIRE Project Representative upon each arrival and departure.

B. Contractor shall replace and supply, as needed, the following items to maintain the air conditioning system.

Any supplies/items other than these listed must be pre-approved by the CAL FIRE Project Representative.

Replacement parts and/or material shall be submitted as an itemized invoice and subject to upon approval by CAL FIRE Project Representative.

1) Belts

2) Fuses

3) Filters (use permanent marker and date each filter installation)

CAL FIRE

EXHIBIT A

(Scope of Work)

4) Chemicals, lubricants, fluids, and refrigerants

5) Evaporative Cooler Pads (install new pads once per year)

9. Service Frequency

A. Annual Maintenance:

Contractor shall perform the following services:

1) Comprehensive inspection, testing, servicing (lubrication and adjustments inclusive), and cleaning of all HVAC equipment.

2) Replace all filters not replaced in-house during quarterly maintenance, due to unforeseen circumstances and approved by CAL FIRE Project Representative.

3) Annual Maintenance can be performed during a scheduled Quarterly Maintenance service.

B. Quarterly Maintenance:

Contractor shall perform the following services:

1) Perform inspection and test services on all units (lubrication and adjustments inclusive).

2) Supply and replace all filters. Use permanent marker to date each replaced filter.

3) Brush coil surfaces for all gas-electric units.

4) Inspect and lubricate all accessible bearings for all gas-electric units.

10. HVAC Maintenance, Inspection, and Testing Procedures Contractor shall perform the following tasks during Annual and Quarterly Maintenance Services:

A. General HVAC Maintenance

1) General maintenance tasks specific to each HVAC

2) Inspect and report any unusual noise or vibration of any equipment

3) Inspect general operation and condition of equipment

4) Maintain cleanliness of equipment

5) Report all work performed on both in-house log sheets and signed work orders per section U below

6) Notify Project Representative of services or materials, outside of this scope of work, required to maintain system in proper operating condition

7) Notify Project Representative when leaving premises

B. Air Handling System - Exhaust Fans

1) Lube bearings as required

2) Inspect fan wheels, if accessible

3) Inspect fan unit mountings

4) Inspect fan unit flex connectors

5) Inspect drive belts and adjust as necessary

6) Inspect fan pulleys for wear

7) Inspect and clean drain pan, if accessible

CAL FIRE

EXHIBIT A

(Scope of Work)

C. Controls - Electric

1) Inspect and clean zone thermostats

2) Inspect zone damper motor linkage

3) Inspect zone valve motor linkage

4) Inspect economizer damper system

5) Inspect static pressure relief dam per operations

6) Inspect system temperature controls operation

D. HVAC Systems – Gas/Electric

1) Inspect cooling operation

2) Inspect heating operation

3) Brush coil surfaces once per quarter

4) Inspect evaporator surface.

5) Inspect supply fan or blower

6) Check condenser fans

7) Lubricate all accessible bearings once per quarter

8) Inspect and adjust drive belts as needed

9) Inspect refrigerant charge and adjust where required

10) Inspect voltage and electrical connections

11) Inspect crankcase heater for operation

12) Inspect controls, contactors, and various safeties

13) Inspect panels for secure installation/fastened

14) Inspect return and supply air temperature

15) Visually inspect system for signs of leaks and piping integrity

16) Inspect accessible condensate pans and drains and clean if necessary

17) Inspect economizer operation, if applicable

18) Inspect pilot or igniter operation and replace where required

19) Inspect heat exchanger

20) Inspect flue and flue cap

21) Inspect safety controls

22) Inspect visible duct connections

23) Perform minor touch-up painting on equipment

E. Filters

1) Contractor shall supply all filters.

2) Contractor shall change all filters quarterly and use permanent marker to date each replaced filter

3) Contractor shall coordinate service schedule with CAL FIRE Project Representative and notify the Project

Representative upon each arrival and departure.

CAL FIRE

EXHIBIT A

(Scope of Work)

4) Contractor shall be responsible for locating and understanding the distance to each facility building.

5) Contractor shall perform all maintenance and repair work by or under the direct supervision of a qualified

Journeyman Air Conditioning Mechanic.

6) Contractor shall keep an on-site service record at each location associated to Attachment 1 – HVAC Equipment List. The service record must be posted in a conspicuous location and close to the major equipment to be serviced.

F. Inspection, Testing, and Repairs

1) Inspect and test all HVAC system components, including but not limited to:

a) Air Handling Units (AHU)

b) Compressors

c) Condensers and evaporators

d) Fans and motors

e) Ductwork and registers

f) Refrigerant lines and insulation

g) Thermostats and control systems

h) Any unusual noise or vibration of any equipment

2) Test and inspect electrical components, including:

a) Circuit breakers and fuses

b) Electrical connections and terminals

c) Relays, contactors, and capacitors

d) Safety controls, including limit switches and pressure controls

e) Verify proper operation of start-up and shut-down cycles

3) Repairs

a) Any HVAC equipment replacements or repairs requiring alterations or changes to the structure of the serviced buildings and are out of the Scope of Work for this Agreement and shall be brought immediately to the attention of the CAL FIRE Project Representative for notification and handled outside of this agreement.

b) CAL FIRE will utilize approved contingency funds in Attachment 1 - Rate Sheet for costs when replacements and repairs are needed.

G. Cleaning and Servicing Contractor shall clean and service all major components in accordance with manufacturer recommendations including:

1) Coils: Clean evaporator and condenser coils

2) Drain Pans and Lines: Clean drain pans, traps, and condensate lines

3) Fans and Blowers: Clean blower assemblies, adjust belt tension, and lubricate moving parts

4) Heat Exchangers: Inspect and clean heat exchangers

5) Inspect and maintain all supply and return ductwork and associated connections in the buildings

6) Ensure Mineral Deposits are cleaned on each swamp cooler located in Dormitories 1-4 and listed in Attachment 2 – HVAC Equipment List

CAL FIRE

EXHIBIT A

(Scope of Work)

7) Cleaning and Servicing shall be performed at each scheduled Annual and Quarterly Service

H. Refrigerant Level Testing Contractor shall perform the following:

1) Test refrigerant levels and confirm they are within the manufacturer's specified range

2) Inspect for refrigerant leaks using industry-standard methods, per Section Y below.

3) Recharge refrigerant as needed (with prior approval from CAL FIRE Project Representative)

4) Refrigerant Level Testing shall be performed at each scheduled Annual and Quarterly Service

I. Lubrication and Adjustments Contractor shall perform the following:

1) Lubricate all moving parts, including motors, bearings, and fans, as per manufacturer’s recommendations

2) Adjust belts, pulleys, and other drive components

3) Inspect and calibrate thermostats, control systems, and sensors

J. Reporting and Documentation Contractor shall provide the following:

1) Provide detailed service reports after each maintenance visit, including:

a) Date of service

b) Written and/or photographic documentation of description of work performed

c) Written and/or photographic documentation of results of inspections and tests

d) Written maintenance adjustment or repair made during the service call

e) Any issues identified and recommendations for corrective action

f) Status of all serviced equipment

g) Service technician initials for all items performed

2) Submit estimates for the replacement or repair of components identified as needing attention during inspections to the CAL FIRE Project Representative within 48 hours.

3) Report any urgent repair needs immediately to the CAL FIRE's Project Representative

4) Contractor shall keep an on-site service record at each location associated to Attachment 2 – HVAC Equipment List. The service record must be posted in a conspicuous location.

K. Replacement of Components Contractor shall perform and provide the following:

1) Provide estimates for the replacement or repair of worn or defective parts as identified during inspections

2) Replace any components as approved by the CAL FIRE Project Representative, including but not limited to:

a) Compressors

b) Fans and motors

c) Coils and heat exchangers

d) Control systems and thermostats

CAL FIRE

EXHIBIT A

(Scope of Work)

L. Contractor Responsibilities Contractor shall provide the following:

1) Supply all tools, equipment, and materials necessary for performing maintenance services

2) Use only manufacturer-approved replacement parts and materials to ensure compatibility and warranty compliance

3) Follow all safety protocols and ensure the safety of personnel and equipment during service, per section Y below.

4) Contractor shall provide 48-hour notice to CAL FIRE Project Representative of intent to enter CAL FIRE facility to conduct services; CAL FIRE will not be liable for scheduling conflicts resulting from operational constraints.

5) British Thermal Unit (BTU) Rating confirmation, if applicable.

M. Equipment List and Locations

1) A detailed list of HVAC equipment to be serviced is provided in Attachment 2 – HVAC Equipment List., including:

a) Model and serial numbers

b) Locations of each HVAC unit within the CAL FIRE facility

2) The contractor shall ensure that all listed equipment is serviced per the scope of work outlined above.

N. Standard and Compliance

Contractor shall ensure all work in accordance with the following:

1) All work shall be performed in compliance with California Building Standards Code, Title 24 and the following standards and recommendations:

a) ASHRAE (American Society of Heating, Refrigerating, and Air-Conditioning Engineers) standards

b) NFPA (National Fire Protection Association) standards, particularly NFPA 70 (National Electrical Code)

c) Manufacturer recommendations and specifications for all HVAC components

d) OSHA (Occupational Safety and Health Administration) regulations

O. Exclusions

1) Any major repairs or replacement of HVAC systems or components outside of routine maintenance shall be considered outside the scope of this contract.

2) Work that is determined beyond the scope of this contract shall require a separate agreement or approval from the CAL FIRE Project Representative.

P. Emergency and Overtime Services

1) Emergency services are outside the scope of regular maintenance and shall not be included as part of this

Agreement.

2) Contractor shall not schedule any services that require overtime compensation.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. For services satisfactorily completed in accordance with the terms and conditions stated herein, and upon receipt and approval of the invoice(s), the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates attached hereto as Attachment 1 – Rate Sheet and made a part of this Agreement.

B. Contractor shall submit, in arrears, not more frequently than once a month, and no less than quarterly, an invoice to CAL FIRE for cost incurred pursuant to the agreement. In addition, each invoice shall contain the following information:

C. Each Invoice shall include:

1) The agreement number 4CA07760

2) The dates or time-period which the invoiced costs were incurred.

3) Description of service, quantity, rate, and total for the current invoice.

4) Certified Small Business or DVBE #, if applicable.

D. Invoice(s) shall be submitted to:

California Department of Forestry and Fire Protection Attention: TBD

Street Address/P.O. Box City, State, Zip Phone Number

Email

2. Budget Contingency Clause A. 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.

B. 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.

3. Prompt Payment Clause

A. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. In the event of an emergency, as defined in section 927.11, late payment penalties may not apply. Specific to CAL FIRE, if an invoice from a business under contract with CAL FIRE becomes subject to late payment penalties during the annually declared fire season, then the required payment approval date shall extend 30 calendar days beyond the initial 45-day period, except in the case of a contract with a certified small business, a certified Disabled Veteran Business Enterprise, a non-profit organization, or a non-profit public benefit corporation.

B. Pursuant to Public Contract Code Section 10262, Contractor shall pay its Subcontractor(s) within seven (7) calendar days from receipt of each payment made to Contractor by CAL FIRE.

C. Failure of Contractor adhering to Public Contract Code Section 10262 may result in termination of this Agreement per Public Contract Code Section 10253 and disciplinary action by the Contractors State License Board may be implemented.

D. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this clause.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

4. Cost Limitation A. Total amount of this Agreement shall not exceed $TBD.

B. It is understood and agreed that this total is an estimate, and that CAL FIRE will pay only for those services actually rendered as authorized by CAL FIRE Project Representative up to the total amount set forth in Section 4A, above.

5. Costs Included in Bid Rates A. The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, Agreement bond premiums, and any other taxes or assessments including sales and use taxes required by law or otherwise shall be included in the Agreement rates and no additional allowance will be made thereof, unless separate payment provision should specifically so provide.

B. Contractor shall make travel and subsistence payments to each worker in compliance with Labor Code Sections

1773.1 and 1773.9. Travel and subsistence requirements are available on the of Department of Industrial Relations (DIR) website at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

6. Payroll Records A. Contractor and each Subcontractor shall comply with the following provisions. Contractor shall be responsible for compliance by its Subcontractors.

1) Each Contractor and Subcontractor shall keep accurate payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a) The information contained in the payroll record is true and correct.

b) The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by its employees on the public works project.

2) The payroll records enumerated under paragraph 1) above, shall be certified. The certified payrolls and records related to employee wages, fringe benefits, payroll tax and deductions shall be available for inspection and copying by CAL FIRE project Representative at all reasonable hours at Contractor’s principal office. Certified payrolls shall be made available as follows:

a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

b) A certified copy of all payroll records enumerated in paragraph 1) above, shall be made available for inspection or furnished upon request to a representative of CAL FIRE, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the of Industrial Relations. Certified payrolls submitted to CAL FIRE, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards shall not be altered or obliterated by Contractor.

3) Each Contractor shall submit a certified copy of the records enumerated in paragraph 1) above, to the entity that requested the records within 10 days after receipt of a written request.

4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CAL FIRE shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of Contractor awarded the Agreement or performing the Agreement shall not be marked or obliterated.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

5) Contractor shall inform CAL FIRE of the location of the records enumerated under paragraph 1), above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6) Contractor or Subcontractor shall have 10 days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph 1), above. In the event Contractor or Subcontractor fails to comply within the 10-day period, it shall, as a penalty to CAL FIRE, forfeit $100 for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CAL FIRE from payments then due. A Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.

B. The penalties specified in paragraph 6), above, for noncompliance with the provisions of said Labor Code Section 1776 will be deducted from any monies due or which may become due to Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not retentions that will be returned to Contractor.

C. Payrolls shall contain the full name, address and social security number of each employee, the correct work classification (including apprentices, if applicable), rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. The payroll shall be signed by the employer or employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Agreement. Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors.

D. Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement.

E. Contractor shall submit a certified copy of all payroll records for verification by CAL FIRE Contract Representative with each invoice. When progress payments are called for, Contractor shall submit a certified copy of all payroll records for verification for the work completed to date with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by Contractor.

F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

7. Penalty

A. Contractor and any Subcontractor under Contractor shall comply with Labor Code Sections 1774 and 1775. In accordance with said Labor Code Section 1775, Contractor shall forfeit, as a penalty to CAL FIRE, not more than $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any public work done under the Agreement by Contractor, or by any Subcontractor, in violation of the provisions of the Labor Code and, in particular, Labor Code Sections 1775 to 1780, inclusive.

B. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of Contractor or Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of Contractor or Subcontractor in meeting his or her prevailing wage obligations, or a Contractor's willful failure to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if Contractor or Subcontractor had knowledge of the obligations under the Labor Code. Any Contractor that executes and receives a copy of this Agreement is deemed to have knowledge of his or her obligations regarding the Labor Code’s prevailing wage requirements. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor or Subcontractor.

C. If a worker employed by a Subcontractor on a public works project is not paid the general prevailing per diem wages by the Subcontractor, Prime Contractor of the project is not liable for any penalties described above unless Prime Contractor had knowledge of that failure of the Subcontractor to pay the specified prevailing rate of wages to those workers or unless Prime Contractor fails to comply with all of the following requirements:

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

1) The Agreement executed between Contractor and the Subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

2) Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subcontractor to the employees by periodic review of the certified payroll records of the Subcontractor.

3) Upon becoming aware of the failure of the Subcontractor to pay his or her workers the specific prevailing rate of wage, Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited, to retaining sufficient funds due the Subcontractor for work performed on the public works project.

4) Prior to making final payment to the Subcontractor for work performed on the public works project, Contractor shall obtain an affidavit signed under penalty of perjury for the Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Labor Code Section 1813.

D. Pursuant to Labor Code Section 1775, CAL FIRE shall notify Contractor on a public works project within fifteen

(15) days of receipt of a complaint that a Subcontractor has failed to pay workers the general prevailing rate of per diem wages.

E. If CAL FIRE determines that employees of a Subcontractor were not paid the general prevailing rate of per diem wages and if CAL FIRE did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Contractor shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by CAL FIRE.

F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

8. State General Prevailing Wage Rates Contractor agrees to comply with all of the applicable provisions of the Labor Code including those provisions requiring the payment of not less than the general prevailing rate of wages. Contractor further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.

9. State Prevailing Wage Rate Determinations A. The General Prevailing Wage Rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. Any special wage rate determinations applicable to this project are attached.

B. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the DIR website at: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations are to be obtained by Contractor from DIR. These wage rate determinations are to be posted by Contractor at the job site in accordance with Labor Code Section 1773.2.

10. Hours of Labor A. Eight (8) hours labor constitutes a legal day's work. Contractor shall forfeit, as a penalty to CAL FIRE, $25 for each worker employed in the execution of the Agreement by Contractor or any Subcontractor under Contractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code, and in particular Labor Code Sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half times the basic rate of pay, as provided in Section 1815.

B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

CAL FIRE

EXHIBIT B

(Budget Detail and Payment Provisions)

11. Employment of Apprentices A. Contractor and any Subcontractors shall comply with all applicable requirements of Labor Code Sections 1777.5,

1777.6 and 1777.7 in the employment of apprentices.

B. Contractors and Subcontractors are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Contractors and Subcontractors are advised to contact the State Division of Apprenticeship Standards, P. O. Box 420603, San Francisco, California 94142-0603, or one of its branch offices, for additional information regarding the employment of apprentices and for the specific journey-to-apprentice ratios for the Agreement work. Prime Contractor is responsible for all Subcontractors’ compliance with these requirements. Penalties for failure to comply with apprenticeship requirements are specified in Labor Code Section 1777.7.

C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

SPECIAL TERMS AND CONDITIONS

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. California may pay any applicable sales and use tax imposed by another state.

2. Settlement of Disputes

A. In the event of a dispute, within 10 days of discovery of the problem, Contractor shall file a "Notice of Dispute" with:

California Department of Forestry and Fire Protection Attention: CAL FIRE Project Representative P.O. Box 944246 Sacramento, CA 94244-2460

B. Within 10 days of CAL FIRE receiving Contractor's notice, the Contracts Representative or designee shall advise Contractor of the findings and recommend a method to resolve the dispute. Decision of the Contracts Representative or designee shall be final.

C. 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. Right to Terminate

A. Termination for Cause

The agreement can be immediately terminated for cause. (Refer to GTC, Exhibit C, Item 7. Termination for Cause)

B. Termination without Cause

The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor.

Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

4. Retention of Records/ Audits A. Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement (GC § 8546.7, PCC § 10115 et seq., CCR Title 2, §1896). Contractor shall comply with the above and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in PCC § 10115.10.

5. Subcontractors Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.

6. DVBE Participation (Without Goals) CAL FIRE has established no goals for the DVBE participation for this Agreement. However, Contractor shall be fully informed respecting the California Public Contract Code Sections 10115 et seq., which is incorporated by reference.

Contractor is urged to obtain DVBE Subcontractor participation should clearly defined portions of the work become available.

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

7. Non-Solicitation 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 an agreement or understanding for a commission, percentage,…