Bidder_Instructions_-_2CA07698.pdf

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

May 14, 2026

Dear Potential Contractor, The California Department of Forestry and Fire Protection (CAL FIRE) currently has a contracting opportunity for Potable Water and Wastewater Quality Testing Services with Shasta Trinity Unit (STU) Fire Stations and Conservation Camps. Only California Certified Small Businesses are eligible to submit quotes on this request..

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), 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.

Any questions must be submitted to Austin Bristol, Austin.Bristol@fire.ca.gov by May 21, 2026, at 5:00 p.m. No further questions will be entertained after that date.

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, Austin Bristol, Austin.Bristol@fire.ca.gov; by May 29, 2026, at 5:00 p.m.

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) Bidder Declaration Form (GSPD-05-105) Environmental Laboratory Accreditation Program (ELAP) Certification issued by the California State Resources

Control Board

Please contact me with any further questions.

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

Austin Bristol Contract Analyst CAL FIRE Business Services Phone: 916-894-9869 E-Mail : Austin.Bristol@fire.ca.gov

ATTACHMENT 1

RATE SHEET

Rate Sheet for 2CA07698 Potable Water and Wastewater Quality Testing Services at CAL FIRE Shasta Trinity Unit (SHU) located at:

Fire Stations:

Buckhorn Fire Station 30377 Oak Run to Fern Road Whitmore, CA 96096

Ono Fire Station 11518 Platina Road Igo, CA 96047

Diddy Wells Fire Station 25830 Highway 299 East Bella Vista, CA 96008

*Shingletown Fire Station 32249 Highway 44 Shingletown, CA 96088

Fawn Lodge Fire Station Fawn Lodge Road, Lewiston, CA 96052

Whitmore Fire Station 11787 Ponderosa Way Whitmore, CA 96096

Hillcrest Fire Station 31386 Highway 299 East Montgomery Creek, CA 96065

*Yearly Fire Stations

Conservation Camps:

Sugar Pine Conservation Camp 15905 Sugar Pine Camp Road Bella Vista, CA 96008

Trinity River Conservation Camp 3325 Petti John Road, Lewiston, CA 96052

SUGAR PINE CONSERVATION CAMP: Table 1

Test Description Estimated Number of Tests Unit Price per Test Total Annual

Estimated Price Inorganic

Aluminum 1 $ $ Antimony 1 $ $ Arsenic 1 $ $ Barium 1 $ $ Benzene 1 $ $ Beryllium 1 $ $ Bromodichloromethane 1 $ $ Bromoform 1 $ $ Cadmium 1 $ $ Chlorite 1 $ $ Chlorobenzene 1 $ $ Chloroform 1 $ $ Chromium (Total) 1 $ $ Dibromoacetic Acid 1 $ $ Dichloroacetic Acid 1 $ $ O-Dichlorobenzene 1 $ $ P-Dichlorobenzene 1 $ $ Haloacetic Acid - Total 1 $ $ Mercury 1 $ $ Monobromoacetic Acid 1 $ $ Monochloroacetic Acid 1 $ $ Nickel 1 $ $

Perchlorate 1 $ $ Trichloroacetic Acid 1 $ $

Nitrate/Nitrite Nitrate (as NO3) 3 $ $ Nitrite (as N) 1 $ $

Regulated VOC – 542.2 List Methyl-tert-butyl-ether (MTBE) 12 $ $ Dibromocholoromethane 1 $ $ Trihalomethanes (TTHM) 1 $ $

Coliform Presence/Absence Bac-T 36 $ $ Quanti Tray, Raw 12 $ $

Wastewater Oil and Grease 32 $ $

Lead and Copper Lead 5 $ $ Copper 5 $ $

Estimated Water/Wastewater Testing Cost for Sugar Pine CC : $

TRINITY RIVER CONSERVATION CAMP: Table 2 of Tests Unit Price per Test Total Annual

Estimated Price Inorganic

Aluminum 1 $ $ Antimony 1 $ $ Arsenic 1 $ $ Barium 1 $ $ Benzene 1 $ $ Beryllium 1 $ $ Bromodichloromethane 1 $ $ Bromoform 1 $ $ Cadmium 1 $ $ Chlorobenzene 1 $ $ Chloroform 1 $ $ Chromium (Total) 1 $ $ Dibromoacetic Acid 1 $ $ Dichloroacetic Acid 1 $ $ O-Dichlorobenzene 1 $ $ P-Dichlorobenzene 1 $ $ Haloacetic Acid - Total 1 $ $ Mercury 1 $ $ Monobromoacetic Acid 1 $ $ Monochloroacetic Acid 1 $ $ Nickel 1 $ $ Perchlorate 1 $ $ Selenium 1 x $ $ Thallium 1 $ $ Toluene 1 $ $ Trichloroacetic Acid 1 $ $

Trichloroflouroethane 1 $ $ 1,2,3 Trichlorpropane 3 $ $ Xylenes 1 $ $

Nitrate/Nitrite Nitrate (As NO3) 2 $ $ Nitrite (As N) 1 $ $

Regulated VOC – 542.2 List Regulated VOC – 542.2 List 1 $ $ 1,2-Dichloropropane 1,3-Dichloropropane 1,2,4-Trichlotobenzene 1,1-Dichloroethane Ethyl benzene 1,1,1-Tricloroethane 1,2-Dichloroethane 1,1,2-Trichloroethane 1,1-Dichlorotoethylene Methyl-tert-butyl-ether (MTBE) Trichloroeethylene Styrene Trichlorofluotomethane Carbon Tetrachloride 1,1,2,2-Tetrachloroethane CIS-1,2-Dichloroethylene Tetrachlotoethylene Trana-1,2-Dichloroethylene Trihalomethanes (TTHM) Dibromocholoromethane Vinyl Chloride Dichloromethane

Radiological Gross Alpha 1 $ $

Secondary/GP Coliform

Presence/Absence Bac-T 36 $ $ Quanti Tray, Raw 12 $ $

Wastewater B.O.D. 36 $ $ Settleable Solids 36 $ $ TSS (Total Suspended Solids) 36 $ $

Lead and Copper Lead (five sites annually) 5 $ $ Copper (five sites annually) 5 $ $

Estimated Water/Wastewater Testing Cost for Trinity River CC: $

YEARLY AND SEASONAL FIRE STATIONS: Table 3 of Tests Unit Price per Test Total Annual

Estimated Price Presence/Absence Bac-T 28 $ $

Estimated Water Testing Cost for Yearly and Seasonal Fire Stations: $

COURIER SERVICES: Table 4

Courier Service (if applicable) 16 $ $ Estimated Cost for Courier Service Cost: $

TOTAL ESTIMATED COSTS

Table 1: Estimated Water/Wastewater Testing Cost for Sugar Pine CC: $

Table 2: Estimated Water/Wastewater Testing Cost for Trinity River CC: $

Table 3: Estimated Water Testing Cost for Yearly and Seasonal Fire Stations: $

Table 4: Courier $

Subtotal $

Added 10% Allowance for Re-testing (10% of Subtotal) $

3-Year Multiplier x3

Total Contract Cost*: $ *All-inclusive Costs

Submitted by: ________________________________________Date: _______________________

Contact Name / Title:

Company Name:

Company Address:

Telephone Number:

E-Mail Address:

The estimated quantities above are estimated only and this is no guarantee as to the actual number of services needed; they may be lower or higher. The “cost quote” 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 in the cost sheet shall be binding for the term of the Agreement.

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

BIDDER DECLARATION FORM (GSPD-05-105)

All bidders must complete the Bidder Declaration Form (GSPD-05-105) and include it with the bid response.

The Bidder Declaration Form can be found at:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

2. The term of this Agreement is:

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Contractor TBD Contract Number 2CA07698

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) potable water and wastewater quality testing as described herein:

Contractor shall provide all materials, labor, equipment, tools, permits, taxes, transportation, and fees to perform water and wastewater testing.

These services are necessary to protect public health, preserve environmental compliance, and meet all applicable regulatory standards.

2. The Agreement may be amended to increase services at the rate(s) specified in Attachment 1, Rate Sheet.

3. Subcontracting is permitted under this Agreement if subcontractors are included on the Bidder Declaration (GSPD-

05-105), Attachment 2.

4. The services shall be performed at the following Fire Stations and Conservation Camps:

Fire Stations:

Buckhorn Fire Station 30377 Oak Run to Fern Road Whitmore, CA 96096

Ono Fire Station 11518 Platina Road Igo, CA 96047

Diddy Wells Fire Station 25830 Highway 299 East Bella Vista, CA 96008

*Shingletown Fire Station 32249 Highway 44 Shingletown, CA 96088

Fawn Lodge Fire Station Fawn Lodge Road, Lewiston, CA 96052

Whitmore Fire Station 11787 Ponderosa Way Whitmore, CA 96096

Hillcrest Fire Station 31386 Highway 299 East Montgomery Creek, CA 96065 *Yearly Fire Stations

Conservation Camps:

Sugar Pine Conservation Camp 15905 Sugar Pine Camp Road Bella Vista, CA 96008

Trinity River Conservation Camp 3325 Petti John Road, Lewiston, CA 96052

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

6. This Agreement will commence on June 30, 2026 (estimate). 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 shall expire on June 29, 2029 (estimate).

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.

7. 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: TBD

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

Phone: TBD Phone: TBD

SBDSalifornia Departmeornia Departme ectionectionSA

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CALAL FIRE)FIR potab rtation, and fees to perform tation, and fees to perfo compliance, and meet all applicable e, and meet all applicable ecified in Attachment 1, Rate SheetRate Sheet..

are included on thee include Bidder Declaration (Garation (G and Conservation Camps: and Conservation Cam

Ono Fire StationOno Fire Station 11518 Platina Road11518 Platina Road Igo, CA 96047Igo, CA 96047

*Shingletown Fire StationShingletown F 32249 Highway 4449 Highw Shingletown, CA 96088etown, C

Whitmore Fire StatioWhitmore Fire Sta 11787 Ponderosa W11787 Ponderosa W Whitmore, CA 96hitmore, East ek, CA 96065 *Yearly Fir*Yearly amps:mps: Ane Conservation Camponservation Camp Sugar Pine Camp Roadne Camp Road a Vista, CA 960086008

Tri reference to CAL FIREFIRE Project RepresentProject Represen

This Agreement will commence on This Agreement will commenc June 3 DGS. Contractor shall not receive paymDGS. Contractor shall not rece of notice to proceed by of notice to proceed by CALAL FIRE ProFIR The services shall be provided durThe services shall be provided d State holidays. The parties mayState holidays. The parties may

The Project RepresentativesThe Project Representati

(CAL(CAL FFSS

CAL FIRE

EXHIBIT A

(Scope of Work)

Email: TBD Email: TBD

8. Detailed Scope of Work A. Contractor shall provide all labor, materials, and equipment necessary to provide water and wastewater quality testing for CAL FIRE’s service locations listed in Exhibit A, Scope of Work, Section 4. These will include, but are not limited to, all sample bottles, labels, “chain of custody” paperwork, ice chests, ice packs, and any additional supplies necessary to perform this service.

B. Contractor is required to possess a current Environmental Lab Accreditation Program (ELAP) certification.

Licenses must be current and remain active throughout the contract term.

C. A CAL FIRE Project Representative will collect water samples. The samples will be delivered by CAL FIRE personnel to the Contractor’s laboratory, unless notified by CAL FIRE Project Representative.

D. Water samples provided by CAL FIRE shall be delivered to the Contractor’s laboratory in a timely manner to allow for the appropriate holding time of the sample. Test results will meet all existing time frames and notifications per existing State Water Resources Control Board, Division of Drinking Water’s (SWRCB-DDW) regulations. Testing methods and procedures must be in compliance with water quality testing processes outlined in Title 22, California Code of Regulations (CCR), California Safe Drinking Water Act & Related Laws and Regulations.

E. Contractor shall be responsible for reporting the analytical results to the SWRCB-DDW electronically using electronic data transfer and forward results to CAL FIRE location within existing required regulated notification time frames and as directed by the CAL FIRE Project Representative.

F. Contractor must be available to receive water samples seven (7) days per week, twenty-four (24) hours per day if the needs and conditions warrant as directed by the CAL FIRE Project Representative.

G. Contractor must be available for re-sampling and replenishing of supplies within twenty-four (24) hours of request from the CAL FIRE Project Representative as needed. Emergency testing may be required immediately based on any unforeseen plant operations. Any additional sampling or testing services, supplies, and any other related services are included in total contract amount.

H. All access to the Conservation Camp grounds must comply with Department of Corrections and Rehabilitation (CDCR) rules and regulations. See Exhibit F, Camp Access.

I. Contractor shall be permitted to subcontract out for the courier service (if applicable). No further subcontracting will be permitted in this contract.

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water and wastewater water and wastewater quality Sectionon 44. These will include, but . These will inc ce chests, ice packs ice packs,, and any and ditation Program (ELAP) certification. P) certification.

ct term.ct ter

The samples will be delivered by CAL FIRsamples will be delivered by CAL FI CAL FIRE Project Representative.Project d to the Contractor’s laboratory in a timely to the Contractor’s laboratory in a timely esults will meet all existing time frames andsults will meet all existing time frames an vision of Drinking Water’s (SWRCBsion of Drinking Water’s (SWRCB--DDWDDW)) e with water quality testing processes outlinwith water quality testing processes outli rnia Safe Drinking Water Act & Related LawSafe Drinking Water Act & Related La ng the analytical results tong the analytical results to the SWRCB-DD sults to CAL FIRE location within existing rts to CAL FIRE location

CAL FIRE Project RepresentativeIRE Project Representa .

receive water samples seven (7) days per er samples seven (7) days rant as directed by the CAL FIRE Project Rby the CAL FIRE Project ble for reble for re--sampling and replenishing of supsampling and replenishing o oject Representativet Representative as needed. Emergenceeded. Emergen t operations. Any additional sampling or teons. Any additional sampling or te ded in total contract amount.ntract amount.

the Conservation Camp grounds must comhe Conservation Camp grounds must com es and regulations. See and regulatio Exhibit Fxhibit F, Camp ctor shall be permitted to subcontract out fol be permitted to subcontract out be permitted in this contract.in this contract.

Contract Number: 2CA07698

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 specified as follows: 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:

B. Each Invoice shall include:

1) The agreement number 2CA07698.

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.

C. 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.

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ated herein, and upon reated herein, and upon r actual expenditures incurredactual expenditures inc Rate Sheete Shee and made a part of thismade a nth, and no less than quarterly, an invoice han quarterly, an invoice each invoice shall contain the following ntain the following were incurred.were incurred.

for the current invoice.or the current invoice licablecable..

Department of Forestry and Fire Protectionepartment of Forestry an Attention: Atte TBDTBD

Street Address/P.O. BoxStreet Address/P.O. Box City, State, ZipCity, State Phone NumberPhone Numb

Emailail ause

A ed that if the Budget Act of the current yeaBudget Act of the curren s not appropriate sufficient funds for the ps not appropriate sufficient funds for the event, the State shall have no liability to pevent, the State shall have no liability to p siderations under this Agreement and Contrations under this Agreement and ment.

nding for any fiscal year is reduced or deley fiscal year is reduced or de have the option to either cancel this Agreemeither cancel this Agree amendment to Contractor to reflect the reamendment to Contractor to

Prompt Payment ClausePrompt Payment Clause

SAA.A Payment will be made in accordant will be made in ac commencing with Section 927mmencing with Section 92 may not apply. Specific to Cmay not apply. Specific to subject to late payment psubject to late payme date shall extend 30 cnd 30 certified small businified small busin rofit public beneofit public bene uant to P r d

Contract Number: 2CA07698

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 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.

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y only for those services only for those service tal amount set forth in al amount set forth in SectioS travel, compensation insurance premiumson insurance premium miums, and any other taxes or assessmenmiums, and any other taxes or assessmen cluded in the Agreement rates and no addluded in the Agreement rates and no add n should specifically so provide.uld spe

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.

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

5. Subcontractors A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CAL FIRE and any Subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder.

Contractor agrees to be as fully responsible to CAL FIRE 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 Contractor. Contractor's obligation to pay its Subcontractors is an independent obligation from CAL FIRE obligation to make payments to Contractor.

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or any taxes levier any ta or use taxes on the sor use taxes on the ay any applicable sales andy any applicable sales ntractor shall file a "Notice of Dispute" a "Notice of Dispute" tice, theice, the Contracts Representativeontracts Representa or desigor des d to resolve the dispute. Decision of the d to resolve the dispute. Decision of the CC ained within this Agreement shall prevail ovwithin this Agreement shall prevail ov diately terminated for cause. (Refer to GTCed for cause. (Refer to GT usee the right to terminate this agreement subjeo terminate this agreeme submit a written request to terminate this arequest to terminate thi sponsibilities as provided herein.ponsibilities as provided her

Records/ Auditsords/ AuditsAMactor agrees that the awarding departmentees that the awarding departmen heir designated representative shall have ted representative shall have ocumentation pertaining to the performancrtaining to the performan possible audit for a minimum of three (3)possible audit for a minimum stipulated. Contractor agrees to allow stipulated. Contractor agr allow interviews of any employees wy em Contractor agrees to include a sitor agrees to include related to performance of this ted to performance of thi shall comply with the aboveshall comply with the above investigation as set forth investigation as set fo

Any subcontract enteact ent ontractors ontractors Sng conta bco

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted, except for Subcontractors listed on the Bidder Declaration (GSPD-05- 105), Attachment 2.

C. Any substitution of Subcontractors shall comply with the requirements of Public Contract Code Sections 4100 et seq. and must be approved in writing by CAL FIRE Project Representative in advance of assigning work to a substitute Subcontractor.

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.

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, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained or contracted by 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 actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

8. Laws to be Observed Contractor shall keep fully informed of all existing and future State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall at all times observe and comply with and shall cause all agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.

Contractor shall protect and indemnify the State of California and all officers and employees thereof connected with the work against any claim, injury, or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor, its Subcontractor(s), or an employee(s). If any discrepancy or inconsistency is discovered in the plans, drawings, specification, or Agreement for the work in relation to any such law, ordinance, regulation, order, or decree, Contractor shall immediately report the same to CAL FIRE Project Representative in writing.

9. Specific Legal References Any reference to specific statutes, regulations, or other legal authority in this Agreement shall not relieve Contractor from the responsibility of complying with all existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Agreement.

10. Equipment Indemnification A. Contractor shall indemnify CAL FIRE for any claims against CAL FIRE for loss or damage to Contractor’s property or equipment during its use under this Agreement and shall, at Contractor’s own expense, maintain such fire, theft, liability, or other insurance as deemed necessary for this protection. Contractor assumes all responsibility which may be imposed by law for property damage or personal injuries caused by defective equipment furnished under this Agreement or by operations of Contractor or Contractor’s employees under this Agreement.

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

11. Evaluation of Contractor Performance of the Contractor under this Agreement will be evaluated. The evaluation shall be prepared on Contract/Contractor Evaluation Sheet (STD 4) and maintained in the Agreement file. For consultant agreements, a copy of the evaluation will be sent to the California Department of General Services, Office of Legal Services, if it is negative and over $5,000.00.

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claratlara ct Code Sections 4ct Code ce of assigning work to ce of assigning work t ment. However, Contractor shall be fully r, Contractor shall be fully seq., which is incorporated by reference. rporated by reference.

learly defined portions of the work becomeearly defined portions of the work become erson or selling agency has been employeerson or selling agency has been employ nderstanding for a commission, percentagnderstanding for a commission, percentag ide established commercial or selling agende established commercial or selling age business. For breach or violation of this wausiness. For breach or violation of this wa the right to annul this Agreement without lhe right to annul this Agreement without discretion, to deduct from the contract pricretion, to deduct from the contract pr mission, percentage, brokerage, or contingmission, percentage, brok all existing and future State and Federal lang and future State and F n any manner affect those engaged or empr affect those engaged or e ect the conduct of the work, and of all suchect the conduct of the work, and of all suc ority over the same. Contractor shall at all ority over the same. Contractor shall yees to observe and comply with, all such es to observe and comply with, all suc decrees of bodies or tribunals having any juof bodies or tribunals having any j ct and indemnify the State of California andnify the State of Californi y claim, injury, or liability arising from or baiability arising from or or decree, whether by Contractor, its Subcor decree, whether by Contractor, its Sub s discovered in the plans, drawings, specifiscovered in the plans, drawings ce, regulation, order, or decree, Contractogulation, order, or decree, Contrac ntative in writing.riting ific Legal Referencesence

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ny reference to specific statutes, regulationny reference to specific statute from the responsibility of complying with afrom the responsibility of com bodies or tribunals having any jurisdictbodies or tribunals having any j

10.0. Equipment IndemnificationEquipment IndemnificationSAA.A. Contractor shall indemnify Contractor shall indemnify or equipment during its or equipment during theft, liability, or otheror othe which may be impoich may be impo der this Agreeder this Agree ubcont

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

12. 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 actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

13. Force Majeure Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failures of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used in this section, “Force Majeure” is defined as follows: Acts of war and acts of God such as earthquakes, floods, and other natural disasters such that performance is impossible.

14. Employment of Undocumented Workers By signing this Agreement, Contractor swears or affirms that it has not, in the preceding five (5) years, been convicted of violating a State or Federal law relative to the employment of undocumented workers.

15. Contractor Name Change

Contractor shall provide a written notice to the State at least 30 days prior to any changes to the Contractor’s current legal name.

16. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CAL FIRE, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CAL FIRE, the State of California, and/or any of their officers, agents and/or employees.

17. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates four (4) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling.

Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CAL FIRE.

https://calrecycle.ca.gov/buyrecycled/.

18. Health and Safety A. Contractor and all subcontractors shall abide by all health and safety mandates issued by federal, state, and local governments and/or public health officers as well as those issued by CAL FIRE, and worksite specific mandates.

If multiple mandates exist, the Contractor and subcontractors shall abide by the most restrictive mandate. The term “employee”, “worker”, “state worker” or “state employee” in health and safety mandates includes contractor and subcontractor personnel.

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een empeen em on, percentagon, perc mercial or selling amercial on of this warranty, the Son of this warranty, th ment without liability, paying ment without liability, pa unt of such commission, of such commission, ormance, nor shall any such delay in or ormance, nor shall any such delay in or used by “Force Majeure.” As used in this used by “Force Majeure.” As used in this of God such as earthquakes, floods, and God such as earthquakes, floods, and that it has not, in the preceding five (5) yeathat it has not, in the preceding five (5) ye oyment of undocumented workers.oyment of undocumented workers.

State at least 30 days prior to any changeState at least 30 days pri tion Regarding Exposure to Environmeegarding Exposure to E

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f, Contractor’s indemnification obligations cs indemnification obligation sks of the consequences of exposure of Csks of the consequences of exposure of C rs’ employees, and any other person, firm, s’ employees, and any other person lies in connection with the performance of s in connection with the performance o otherwise, in connection with the performise, in connection with the perform ly injury and/or death resulting in whole or or death resulting in who pe, kind, or origin. Contractor also agrees Contractor also agree

Contractor’s employees, agents, SubcontContractor’s employees, agents, Subcon ation furnishing or supplying work services,n furnishing or supplying work se ent. Contractor also agrees to indemnify aontractor also agrees to indemnify their officers, agents and employees, fromers, agents and employees, from ure. Except as provided by law, Contractorprovided by law, Contracto ardless of the existence or degree of negligdless of the existence or degree of neglig ny of their officers, agents and/or employeny of their officers, agents and

7.. Mandatory Organic Waste RecyclingMandatory Organic Waste RSAIt is understood and agreed that purIt is understood and agreed that four (4) cubic yards or more of orfour (4) cubic yards or more of o organic waste or commercial worganic waste or commercial w Contractor shall provide proContractor shall provide p ervices that separate/sorate/so s://calrecycle.ca.gocalrecycle.ca.goSand Safetyand SafetySctor

CAL FIRE

EXHIBIT D

(Special Terms and Conditions)

B. Costs associated with adhering to health and safety mandates are the responsibility of the Contractor. Contractor is responsible for the tracking and compliance of health and safety mandates and may be audited upon request.

19. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S.

government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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dited ited garding Economic Sanarding…