IFB_P2420011_Sample_Agreement.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

SAMPLE P2420011

PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: SAMPLE 3600-P2420011

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

California Department of Fish andWildlife (CDFW)

CONTRACTOR NAME

To Be Determined (TBD)

2. The term of this Agreement is:

START DATE

Upon California Department of General Services Approval

THROUGH END DATE

June 30, 2027

3. The maximum amount of this Agreement is:

$360,000.00 | Three Hundred Sixty Thousand Dollars and Zero Cents

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages

Exhibit A Scope of Work 15

Exhibit A ATCH 1 Service Request 2

Exhibit B Budget Detail and Payment Provisions 8

Exhibit C * General Terms and Conditions (GTC 04/2017) *

Exhibit D Additional Provisions 11

Exhibit I Travel Reimbursement Information 5

Items shownwith an asterisk (*), are hereby incorporated by reference andmadepart of this agreement as if attachedhereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources

INWITNESSWHEREOF, THIS AGREEMENTHASBEEN EXECUTEDBY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

To Be Determined

CONTRACTOR BUSINESS ADDRESS

To Be Determined

CITY

To Be Determined

STATE

TBD

ZIP

TBD

PRINTED NAME OF PERSON SIGNING

To Be Determined

TITLE

To Be Determined

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

SAMPLE P2420011

PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: SAMPLE 3600-P2420011

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTING AGENCY ADDRESS

P.O. Box 944209

CITY

Sacramento

STATE

CA

ZIP

94244

PRINTED NAME OF PERSON SIGNING

AmyMowrer

TITLE

Branch Chief - Business Management Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)

California Department of Fish and Wildlife Agreement Number: P2420011 Exhibit A – Scope of Work Contractor: To Be Determined

(Version 05/2024)

1) Introduction of Services

The Contractor agrees to provide to the California Department of Fish and Wildlife (CDFW) hazardous waste collection and disposal services on CDFW-owned properties in accordance with the specifications, terms, and conditions contained herein.

2) Location of Services

The services will be performed on various CDFW-owned properties in the counties of:

• Sutter County

• Sacramento County

• El Dorado County

• Yuba County

• San Joaquin County

• Calaveras County

• Alpine County

• Lake County

• Colusa County

• Nevada County

• Glenn County

• Butte County

• Sierra County

• Plumas County

• Amador County

• Placer County

• Yolo County

3) Service Schedule

The services will be provided on an as-needed basis between normal business hours, except on holidays. The Contractor will be required to obtain agreement, in writing, from the CDFW Contract Manager for any changes to the service schedule.

Any service requiring overnight stay must be preapproved by the CDFW Contract Manager.

Travel expenses must be billed in accordance with Exhibit I, Travel Reimbursement Information.

4) Project Officials

CDFW Project Officials Contractor Project Officials Contract Manager Project Director Name: Ryan Leahy Name: To Be Determined (TBD) Phone: (916) 809-3512 Phone: TBD Email: Ryan.Leahy@wildlife.ca.gov Email: TBD mailto:Ryan.Leahy@wildlife.ca.gov

Direct all inquiries to: Direct all inquiries to:

CDFW – North Central Region Name: Jason Holley Name: TBD Address: 1701 Nimbus Rd. Address: TBD

Rancho Cordova, CA 95670 Phone: (916) 827-6851 Phone: TBD Email: Jason.Holley@wildlife.ca.gov Email: TBD

Either party may make changes to the Project Officials by giving written notice to the other party. Said changes will not require an amendment to this Agreement.

5) Scope of Work

A. Background and Objectives

The California Department of Fish and Wildlife (CDFW) is tasked with excellent stewardship of the lands it holds in trust for the people of California. Like other public lands, CDFW properties are often inundated with trash and other refuse from illegal dumping, unauthorized camping, and other unauthorized activities. Hazardous materials pose a health and safety risk to the public and pollute the soil and water inhabited by the wildlife and fish that CDFW is entrusted to protect. Stewardship of public lands may involve the cleanup of hazardous materials. CDFW staff do not include classifications which possess the training and experience necessary to safely handle, remove, and dispose of hazardous materials.

The overall objective of this Agreement is to maintain CDFW lands in an unpolluted state by removing and disposing of hazardous materials left from illegal dumping, unauthorized camping, and other unauthorized activities. Accomplishing this task will support CDFW’s mission to manage its lands for their ecological values, their public use, and enjoyment.

B. Work to be Performed – Contractor Responsibilities

1. The Contractor will collect and dispose of all hazardous waste and biological waste from CDFW properties as requested by CDFW. Hazardous waste includes, but is not limited to, contaminated debris, biological waste, and environmentally regulated substances. Biological waste is any material that contains, has been contaminated by, or may be contaminated by a biohazardous agent (risk to human health or the environment), and it includes, but it is not limited to, syringes, needles, blood, vomit, urine, and feces. Other substances and items requiring disposal may include, but are not limited to, pesticides, rodenticides, fertilizers, lead acid batteries, used tires, and propane tanks.

mailto:John.Watkins@wildlife.ca.gov

2. Subcontracting is not permitted under this Agreement, except in the case of off-site laboratory testing of unknown substances. All cleanup services must be performed by the Prime Contractor.

3. The CDFW Contract Manager or designee will complete a Service Request (page one of Exhibit A, Attachment 1) detailing the project location, anticipated service dates, and service description. Within seven (7) business days upon receipt of the service request, the Contractor will visit the project location and provide the CDFW Contract Manager with a Service Request Estimate of project costs (page two [2] of Exhibit A, Attachment 1).

4. Unsheltered occupants and their personal property will be removed from the site prior to services and will not be the responsibility of the Contractor.

5. The Contractor will identify, collect, remove, transport, and legally dispose of all hazardous and biological waste materials at the sites as directed by the CDFW Contract Manager. The Contractor will cleanup and disinfect the sites, in accordance with all applicable Federal, State, and local regulations and industry standards so that no hazardous and biological waste materials remain on the site.

6. The Contractor will be required to sample and test unknown substances to determine the correct waste stream and disposal methods/requirements.

a. The Contractor will furnish all labor, equipment, and materials required to test, identify, and reduce contamination; neutralize waste; and remove, transport, and legally dispose of waste substances.

b. On-site testing may be required to determine the waste stream of unknown substances. Rates must be included in the Personnel rate for Technicians (listed in Exhibit B).

c. Sampling and sample management must comply with the sampling, planning, methodology, and equipment and the sample processing, documentation, and custody procedures specified in California Code of Regulations (CCR), Title 22, Division 4.5, Chapter 11, Article 3: Characteristics of Hazardous Waste, Section 66261.20 (22 CCR 66261.20).

d. Laboratories performing chemical analyses must be certified by the California

State Water Resources Control Board Environmental Laboratory Accreditation Program (SWRCB-ELAP) for the specific laboratory test. For specific test methods not yet certified by SWRCB-ELAP, the laboratory may perform laboratory analysis only if presently certified by SWRCB-ELAP for comparable test methods, or if currently certified as a United States Environmental Protection Agency (US EPA) Contract laboratory. The CDFW Contract Manager will verify before the start of work.

i. The Contractor is responsible for transportation, preservation, appropriate containers, labels, and chain of custody.

ii. The Contractor may subcontract for off-site laboratory testing, if needed.

Subcontracting is not permitted for any other portion of the work to be performed.

e. In the event sampling and testing are required at an off-site laboratory to determine the appropriate handling and disposal methods, the following will apply:

i. Any sampling and testing must be approved and coordinated by the

CDFW Contract Manager.

ii. Sampling and management of waste samples must comply with local regulatory requirements, if any.

iii. California Environmental Protection Agency (CalEPA), Department of

Toxic Substances Control (DTSC) must certify each laboratory that performs hazardous waste analysis for the specific hazardous waste analysis performed. Laboratories not certified must not perform hazardous waste testing.

iv. For each sample taken, the laboratory test result must list the test methods used and limits of detection.

v. The laboratory that performs hazardous waste analysis must store the samples for a minimum of ninety (90) calendar days.

vi. CDFW must receive a copy of the lab reports with the invoice by the

Contractor.

7. Immediately upon sighting any weapons or explosive devices, the Contractor must contact the CDFW Contract Manager and the CDFW Law Enforcement Division (LED) site escort. The Contractor must make the report by phone and email, and the report must include a brief description of any such weapon(s) or explosive device(s), the time and date any such weapon(s) or explosive device(s) were discovered, photograph of the weapon(s) or explosive device(s) as found, the full name of the person who discovered any such weapon(s) or explosive device(s), and a brief description of the location of any such weapon(s) or explosive device(s) when discovered. The Contractor must not, under any circumstances, touch, disturb, or move any such weapon(s) or explosive device(s).

8. The Contractor will provide and review all information necessary for completing a

Uniform Hazardous Waste Manifest and furnish copies to the CDFW Contract Manager. The onsite CDFW representative must sign all Uniform Hazardous Waste Manifests prior to transporting waste off CDFW property. The Contractor will be responsible for ensuring all Uniform Hazardous Waste Manifests are complete and contain accurate information.

9. The Contractor will be responsible for arranging lawful disposal of materials and will pay all costs involved. The Contractor will be reimbursed for the cost of disposal of the hazardous waste materials with no additional markup. Original invoices and receipts from the approved disposal facility must be submitted to the CDFW Contract Manager for reimbursement with each invoice. These disposal receipts must include the date and time of service, amount (i.e. liquid volume, liquid or wet weight, or cubic yards) of hazardous waste materials, and the name of the legal disposal facility with the signature of the disposal site's employee receiving the hazardous waste materials.

10. If discrepancies or problems occur with the hazardous waste materials quantities on the invoices, the CDFW Contract Manager will evaluate the discrepancy and make adjustments to the amount to be paid. If discrepancies are frequent or of a large magnitude, the Agreement may be terminated immediately for cause per Exhibit D, Section 3, “Right to Terminate.”

11. The Contractor will record and report the amount of hazardous waste materials collected daily. The CDFW Contract Manager will make periodic checks of quantities collected and disposed of at county or city landfills. These quantities will be checked against the Contractor's reports and disposal site receipts. Once the Contractor collects materials for disposal, the Contractor will possess ownership of such materials until such materials are lawfully disposed of by the Contractor.

12. The Contractor’s methods will be monitored on an ongoing basis to ensure the most efficient and cost-effective methods and practices are being utilized. The Contractor will furnish a report of expenditures and quantities of waste categorized by the California Environmental Protection Agency (Cal/EPA) waste stream codes per site to the CDFW Contract Manager. All costs associated with providing the report will be included in the rates set forth in Exhibit B.

13. All costs, including bags, associated with collecting, bagging, labeling, transporting, and any other associated activities by the Contractor, will be included in the rates set forth in Exhibit B, Budget Detail and Payment Provisions.

14. The Contractor will be responsible for providing personal protective equipment (PPE) to its employees, which includes, but is not limited to hard hats, vests, gloves, respirators, dusk masks, coveralls/suits, and boots. All costs of PPE for the Contractor’s employees will be included in the rates set forth in Exhibit B.

15. The Contractor will furnish employees that are trained in Hazardous Waste

Operations and Emergency Response (HAZWOPER). The Contractor will furnish these employees with tools, hand tools, materials, supplies (including disinfectant), PPE, equipment, incidentals, travel, and disposal services necessary for the cleanup and removal of all hazardous waste materials at the site.

16. The Contractor will take all the necessary precautions to prevent injury or hazard to the Contractor’s employee(s), CDFW employee(s), invitee(s), and the general public.

The Contractor must conduct its operation in such a manner as to avoid injury or damage to CDFW property or any adjacent property.

17. For crew safety and personal appearance, the Contractor's employees must wear clothing and hand and footwear appropriate for the work being performed. The Contractor's employees will wear personal protective equipment, per California Occupational Safety and Health Administration (Cal/OSHA) requirements in Standards- 29 Code of Federal Regulations (CFR), Standard Number 1910.120, which includes, but is not limited to, a hard hat, ANSI 3 reflective vests, long sleeve shirt, pants, safety glasses, gloves and hearing protection as appropriate, and footwear suitable for the type of field work. There will be no sneakers or other soft footwear worn on the job site. Clothing must be clean and free of tears and holes at the beginning of the shift.

18. The Contractor will avoid causing unreasonable inconvenience to any person(s) doing business on CDFW property. In the event the Contractor's operation creates a condition hazardous to CDFW property, its occupants, or the general public, the Contractor will post warning signs alerting to any dangerous conditions at the Contractor's own expense and without cost to CDFW.

19. The Contractor must exercise every reasonable precaution to protect streams, lakes, reservoirs, bays, and coastal waters from pollution with fuels, oils, bitumen, calcium chloride, and other harmful materials. The Contractor must conduct and schedule all operations to avoid or minimize muddying and silting of said streams, lakes, reservoirs, bays, and coastal waters. The Contractor must exercise care to preserve roadside vegetation beyond the limits of the work.

20. The Contractor must comply with all applicable Federal, State and local laws and regulations for worker and public safety and will retain responsibility for compliance with guidelines and appropriate regulatory agencies.

21. The Contractor and its employees will be aware that they are working on CDFW property and be courteous and respectful at all times. The Contractor and its employees will refrain from using loud voices, inappropriate language, and will conduct themselves in a professional manner at all times. If the Contractor's employees display any behavior that the CDFW Contract Manager deems inappropriate or offensive, the CDFW Contract Manager will have the right to remove that employee from doing further work on this Agreement.

C. Final Cleanup

1. The Contractor must leave each worksite in a clean and neat condition acceptable to the CDFW Contract Manager. If a worksite is not left in an acceptable condition, the Contractor will be called back to correct the condition and will receive no additional compensation for that call back. If the Contractor fails to clean up the worksite after being called back, CDFW will cause the worksite to be satisfactorily cleaned up and will deduct the full cost of the cleanup services from any monies owed to the Contractor.

2. The Contractor will own and assume all responsibility for litter, waste, debris, and similar materials arising from or produced by the work performed under this Agreement. The Contractor must haul away and legally discard any materials or debris caused by its work actions from the job site.

a. The Contractor must comply with and ensure that all employees and agents comply with all requirements of the Department of Transportation (DOT) regulations regarding waste transportation under this contract. Information regarding complete compliance with these regulations must be carried on transport vehicles and maintained at facilities where wastes are received, stored, or handled during transportation.

The Contractor must comply with the California Vehicle Code, California Highway Patrol (CHP), Title 13, California Code of Regulations; the California Fire Marshal regulations, Title 19, California Code of Regulations; and United States Department of Transportation regulations (49 CFR). The Contractor and subcontractor must comply with the California Health and Safety Code and Title 22, California Code of Regulations administered by the California Department of Toxic Substance Control and any other laws and regulations affecting the work under this contract.

3. In the event that any CDFW property is damaged as a result of the actions of the

Contractor, or its employees, the Contractor must repair, at its sole expense, the damage which has occurred as a direct result of the Contractor, or its employees.

Repair efforts must be performed in a manner in which ensures all warranties are maintained for any products that are damaged. Repair efforts must include the full costs for all required labor and materials.

D. Biological and Hazardous Waste Cleanup Special Provisions

1. The Contractor must conform to all Federal, State, and local laws and regulations pertaining to lawful management and hauling of biological waste and hazardous material to a disposal site or treatment facility licensed by the Cal/EPA and the Department of Toxic Substances Control, or equivalent state regulatory agency, if the hazardous waste materials are transported out of state for processing and disposal.

2. The Contractor will be required to collect and legally dispose of biological waste and hazardous waste including, but not limited to, used syringes, according to federal, state, and Cal/OSHA laws, rules, and regulations. In addition, the Contractor must have any current license and/or permits that are required for the handling, hauling, and legal disposal of biological and hazardous waste.

3. The Contractor will apply a disinfectant to sanitize all areas contaminated with biological waste as required by Cal/OSHA. The Contractor must submit, via email, a material safety data sheet for all chemicals used on the property to the CDFW Contract Manager prior to the first chemical administered. A current material safety data sheet must be provided any time a new material is used in the process of completing the requirements of this agreement.

4. The disinfectant to be used for sanitization must be a sodium hypochlorite at a dilution rate of five thousand (5,000) parts per million (ppm) that has been approved by the Department of Pesticide Regulation (DPR) to be legally used in California. A list of approved sodium hypochlorite disinfectant products can be obtained from DPR (reference: https://www.cdpr.ca.gov/docs/county/cacltrs/exec/2017/ppd/ppd1702.pdf).

5. In addition to, and not a limitation of, the Contractor’s indemnification obligations contained elsewhere in this Agreement, the Contractor hereby assumes all risks of the consequences of exposure of the Contractor’s employees, agents, or 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. The Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to the Contractor’s employees, agents, or any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. The Contractor also agrees to indemnify and hold harmless CDFW, 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, the Contractor also agrees that the provisions of this paragraph will apply regardless of the existence or degree of negligence or fault on the part of CDFW, the State of California, and/or any of their officers, agents, and/or employees.

E. Contractor Equipment

1. The Contractor will provide the necessary equipment to complete the work within the time stipulated in each site visit for debris and waste removal. All equipment must be fully operational and maintained.

2. CDFW will not reimburse the Contractor for the costs of delivery or pickup of rented equipment, or fuel used for delivery or pickup of rented equipment.

3. The Contractor will provide sufficient equipment to clean, containerize, label, and manifest hazardous waste at project sites.

4. Fuel used for rental equipment will be considered included in the cost for equipment as outlined in Exhibit B.

https://www.cdpr.ca.gov/docs/county/cacltrs/exec/2017/ppd/ppd1702.pdf

5. The Contractor will provide the necessary equipment required to complete the work required for the removal and disposal of biohazard and biological waste. The equipment cost must not include labor cost in the contract unit price per hour in Exhibit B, and no separate or additional compensation will be paid beyond the contract unit price per hour.

6. The Contractor will supply appropriately sized vehicles for hauling material and any other necessary equipment.

7. The Contractor will use twenty (20)- and/or forty (40)-yard bins for collection of such materials at the request of the CDFW Contract Manager.

8. Bins must have hard retractable covers that operate smoothly and with ease to keep dumpsters covered in accordance with the National Pollutant Discharge Elimination System (NPDES) storm water requirements. Bins will be in good operating condition and suitable for mechanical loading and unloading.

9. The Contractor will not be paid for move-in/move-out on equipment.

10. The Contractor will not be paid per diem or for any bridge tolls.

11. The Contractor will not be paid any additional compensation for specialized equipment.

F. Contractor’s Project Manager Responsibilities

1. The Contractor’s Project Manager will coordinate work-related matters and Contractor's operations under this Agreement.

2. In addition to other responsibilities described in this Agreement, the Contractor’s

Project Manager will be responsible for all matters related to Contractor's personnel including, but not limited to, the following:

a. Ensure deliverables meet the criteria established by the Agreement.

b. Supervise, review, monitor, train, and direct Contractor's personnel.

c. Include the CDFW Contract Manager in written communications to other CDFW personnel for any clarification on the scope of work.

d. Assign qualified personnel to complete the required site work, as specified, on an "as-needed" basis in coordination with the CDFW Contract Manager.

e. Administer personnel actions for Contractor personnel.

f. Implement and maintain quality control procedures to manage conflicts and ensure product accuracy.

g. Ensure all applicable safety measures are in place.

h. Review invoices for accuracy and completion before billing to CDFW.

i. Monitor and maintain required Disabled Veteran Business Enterprise (DVBE) participation, if applicable.

j. Ensure the schedules, deliverables, and the deliverables' requirements set forth in the Agreement are satisfied.

k. Ensure compliance with the provisions in this Agreement and all specific Service

Request requirements.

G. CDFW Contract Manager Responsibilities

1. The CDFW Contract Manager will coordinate work-related matters and CDFW operations under this Agreement.

2. In addition to other responsibilities described in this Agreement, the CDFW Contract

Manager will be responsible for all matters related to this Agreement including, but not limited to, the following:

a. Coordinate and schedule site visits for services with the Contractor.

b. Ensure each site visit is complete and that the site visit request sets forth specific, measurable, attainable, realistic, and time-bound deliverables and requirements.

c. Assign qualified personnel to monitor the required work, as specified, on an "as-needed" basis in coordination with the Contractor’s Project Manager.

d. Review invoices submitted by the Contractor for accuracy.

e. Review the Contractor's monitoring and maintaining of required Disabled Veteran

Business Enterprise (DVBE) participation, if applicable.

f. Monitor the Contractor's efforts to ensure compliance with the provisions in this Agreement and all specific site visit requirements.

g. Review the Contractor's performance to ensure the schedules and deliverables are satisfactory.

h. Review and assess the overall performance of the Contractor.

3. All CDFW Contract Manager's responsibilities set forth in Exhibit A, Section 5.G., CDFW Contract Manager Responsibilities, are included in this Agreement solely for CDFW’s own internal purposes and benefit in monitoring the administration of this

Agreement and for no other reason. The Contractor acknowledges and agrees that no failure by CDFW to perform any or all of the CDFW Contract Manager's Responsibilities set forth in this Section 5.G., CDFW Contract Manager Responsibilities, will be deemed to constitute a breach of contract on the part of CDFW and/or a failure on the part of CDFW to comply with this Agreement.

H. Reports

1. The Contractor will prepare and submit a report after completion of each Service

Request in electronic copy in Microsoft Word (or compatible) format. The report must include the following:

a. A brief introduction section including a statement of purpose, the scope of the project, and a description of the approach and techniques used during the project.

b. A summary of work (activities and accomplishments) completed to date and funds expended to date.

c. Before and after pictures showing the cleanup site.

d. The amounts and types (by Cal/EPA waste stream code) of hazardous waste material collected, removed, transported, and legally disposed of.

e. A copy of the Service Request (Exhibit A, Attachment 1) completed prior to the commencement of services.

2. The Contractor will complete all Uniform Hazardous Waste Manifests and provide copies to the CDFW Contract Manager. The Contractor will obtain the CDFW Contract Manager’s signature before transporting collected materials off site.

3. The Contractor will submit material safety data sheets to the CDFW Contract

Manager via email for any chemical used while conducting cleanup operations prior to the first application of that chemical.

4. If any explosive or weapon is found, the Contractor must immediately notify the CDFW Contract Manager and the CDFW Law Enforcement Division (LED) site escort either in person or by phone. The Contractor will also prepare and submit a written report by email which must include:

a. a brief description of any such weapon(s) or explosive device(s);

b. the time and date any such weapon(s) or explosive device(s) were discovered;

c. photograph(s) of the weapon(s) or explosive device(s) as found;

d. the full name of the person who discovered any such weapon(s) or explosive device(s);

e. a brief description of the location of any such weapon(s) or explosive device(s) when discovered.

5. If off-site laboratory testing is conducted, the Contractor must submit a copy of the results report(s) to the CDFW Contract Manager with the invoice.

I. Schedule of Completion Dates

All hazardous waste material removal services will be completed a project-by-project basis throughout the term of this Agreement. Specific project completion dates are unknown as work will be dependent upon several factors including, but not limited to, inclement weather, scheduling, etc. All work under this Agreement will be completed on or before the contract term end date and may commence following the official execution and approval of the Agreement.

J. Contractor’s Licensing, Certification, and Permit Requirements

1. The Contractor must maintain the following trainings, permits, and licenses for the duration of this Agreement:

a. Class A General Engineering Contractor’s license issued by the California State Licensing Board (CSLB) with the following certification: Hazardous Substance Removal Certification (HAZ).

b. Hazardous Materials Certificate of Registration issued by U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration.

c. Hazardous Materials Transportation License issued by California Highway Patrol (CHP).

d. Trauma Scene Waste Management Practitioner from the State of California Department of Public Health, Medical Waste Management Program.

e. Waste Tire Hauler Registration issued by Cal Recycle.

f. Certificate of completion of 40 hours of Hazardous Waste Operations and Emergency Response (HAZWOPER) training.

g. Class A and Class C Driver’s License with a Hazardous Materials endorsements issued by the California Department of Motor Vehicles (DMV).

h. Motor Carrier Permit issued by California Department of Motor Vehicles (DMV).

i. Hazardous Waste Transporter Registration issued by the California Department of Toxic Substances Control.

j. Transporter Environmental Protection Agency (EPA) Identification (ID) Number (Section 3010 of the Resource Conservation and Recovery Act)

k. Contractor applying or spraying disinfectant must possess a Pest Control Business (PCB) License and have a Qualified Applicator License (QAL) with Category K (health related) staff to oversee the business operations. Both licenses are issued by the Department of Pesticide Regulation. The Contractor applying or spraying disinfectant must also be registered with each individual county agricultural commission where the disinfectant will be applied.

l. The Contractor must be registered with the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1725.5.

K. Contractor Personnel Requirements

1. The Contractor must ensure that only qualified and competent employee(s) are permitted on the job site and that the work will be safely performed in compliance with federal, state, and local laws and regulations, including but not limited to:

a. Blood-Borne Pathogens required by 8 California Code of Regulations (CCR) 5193 https://www.dir.ca.gov/title8/5193.html.

b. Occupational Safety and Health Administration, Code of Federal Regulations (CFR) Standards - 29, Standard Number 1910.120, a copy of which may be found at https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.120.

c. General Industry Safety Order (GISO) Subchapter 7 http://www.dir.ca.gov/title8/sub7.html, Group 16. Control of Hazardous Substances; personnel qualified to comply with work related to the control of hazardous substances as outlined at https://www.dir.ca.gov/title8/sb7g16.html.

d. California Occupational Safety and Health Administration (Cal-OSHA) training requirements per California Code of Regulations (CCR), Title 8, section 5192 [8 CCR 5192]. https://www.dir.ca.gov/title8/5192.html

e. Knowledge of Hepatitis A and management of it in public settings, including use of pesticides along with impacts to humans and the environment. Knowledge of California Department of Public Health (CDPH) Hepatitis A Virus Environmental Sanitation Resources.

https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/I mmunization/EHHepAResource.pdf

2. Worker Classifications, as listed below, are used in this Agreement to describe a specific type of service and/or function and to cross-reference line items on Exhibit B Budget Detail. These classifications are not reflective of Prevailing Wage Classifications and should not be used for determining prevailing wage hourly rates.

The Contractor must ascertain the appropriate Department of Industrial Relations https://www.dir.ca.gov/title8/5193.html https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.120 http://www.dir.ca.gov/title8/sub7.html https://www.dir.ca.gov/title8/sb7g16.html https://www.dir.ca.gov/title8/5192.html https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/Immunization/EHHepAResource.pdf https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/Immunization/EHHepAResource.pdf

(DIR) craft/classification prevailing wage rate in accordance with the work described herein. The Contractor must ascertain the appropriate prevailing wage rate listed on certified payroll based on the county in which the work is performed and the specific duties performed. The Contractor will provide the following personnel that meet all requirements:

Project Manager: As described in this Agreement, Exhibit A, Section 5.F., Contractor’s Project Manager Responsibilities.

Lead Technician/Supervisor: Provide on-site supervision of the Contractor's employees engaged in biological, environmentally regulated, and hazardous waste operations. Must have knowledge of the employer's safety and health program, personal protective equipment (PPE), spill containment program, and health hazard monitoring procedures and techniques. Lead Technician/Supervisor must comply with CCR, Title 8, Section 5192 [8 CCR 5192] and Code of Federal Regulations (CFR), Title 29, Section 1910.12 (e)(4) [29 CFR 1910.12 (e)(4)].

Technician/Bio-Hazard Personnel: Possess skills and knowledge of proper use procedures for dealing with samples and testing instruments and equipment, specialized PPE, and techniques for advanced control, containment, and/or confinement operations. Will conduct all duties and labor for biohazardous waste cleanup operations.

Operator/Driver: Perform biological, environmentally regulated, and hazardous waste cleanup operations in field settings. Have skills and knowledge to safely and effectively contain, cleanup, transport, and dispose of hazardous materials.

Operators must possess a valid commercial driver's license of the appropriate class and comply with California Vehicle Code (CVC), Sections 15250 and 31560.

Laborer: Under the direction of the Operator/Driver, the Laborer will assist the Operator/Driver with performing hazardous waste cleanup operations.

Spraying Technician: Possess skills and knowledge for the proper application of disinfectant chemicals in a manner consistent with chemical labeling to sanitize all areas of the project site contaminated with biological waste as required by Cal/OSHA and in compliance with all Federal, State, and local laws and regulations.

6) Insurance Requirements

The Contractor will be required to maintain the following insurance coverage throughout the duration of this agreement and must supply proof of coverage upon request by the CDFW Contract Manager. Insurance must be in accordance with the Exhibit D, CDFW Additional Provisions.

1. Commercial General Liability (limits not less than $1,000,000 per occurrence with a

$2,000,000 annual policy aggregate).

2. Automobile Liability (limits not less than $1,000,000 combined single limit per accident).

3. Pollution Liability (limits not less than $1,000,000.00 per incident and an annual aggregate amount of $2,000,000.00 must be provided).

4. Workers Compensation and Employers Liability (limits of $1,000,000 are required.

The waiver of subrogation endorsement must also be provided)

The above policies must each be endorsed to include “the State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract”.

Exhibit A – Attachment 1 Contractor: To Be Determined

Service Request (To be completed by CDFW Contract Manager)

Date Issued:

Contractor Project Manager:

Name Phone Email

CDFW Contract/Project Manager:

Name Phone Email

Project Location (Address, County, Route, Latitude, Longitude)

Project Period (Not to exceed beyond the expiration date of Agreement)

Anticipated service start date: Anticipated service completion date:

Service Request Description (Must fall within the Scope of Work described in Exhibit A)

Contractor will collect, remove, transport, and legally dispose of all environmentally-regulated, biological and hazardous waste, and contaminated materials, debris, waste (collectively referred to as hazardous waste). Hazardous waste will be disposed of appropriately at the respective facilities, identified by the CDFW Project Manager, and must be tracked as line items, as listed in Exhibit B, on each billing invoice. Contractor will submit a report upon completion of service request.

Estimated quantities of waste/debris include:

Anticipated equipment includes:

Exhibit A – Attachment 1 Contractor: To Be Determined

Service Request Estimate (To be completed by Contractor)

Personnel by Title (includes PPE) Hourly Rate Est. # of Hours Estimated Total Project Manager $ $ Lead Technician/Supervisor $ $ Technician*/Bio-hazard Personnel $ $ Operator/Driver (without equipment) $ $ Laborer $ $ Spray Technician $ $

Equipment Hourly Rate Est. # of Hours Estimated Total 1-ton truck or more $ $ Bobtail Truck (under 26,000 lbs. Class C or B) $ $ 40 drum gear truck with lift gate $ $ Tractor and Trailer minimum 40ft. With lift gate $ $ Single bin transport truck $ $ Water Truck (minimum 1,000 gallon capacity) $ $ Pressure Washer $ $ Vacuum Truck (110-130-barrel capacity) $ $ Vacuum Truck (10-100-barrel capacity) $ $ Skid Loader, with Trailer $ $ Packer Truck $ $ Double Bin Transport $ $ Bobcat, or like item, with Trailer $ $

Materials/Bins (includes transportation costs**) Rate per Item Est. # of Items Estimated Total* Metal drum 55 gallons, new or reconditioned $ EA $ Metal drum 85 gallons over pack $ EA $ Tri-wall containers $ EA $ Poly drums, 5 gallons $ EA $ Poly drums, 30 gallons $ EA $ Poly drums, 55 gallons $ EA $ Stericycle, 1-gallon Sharps Containers $ EA $ Stericycle, 1-quart Sharps Containers $ EA $ 20 Cubic Yard Bins (hard cover) $ Day $ 40 Cubic Yard Bins (hard cover) $ Day $

Other Expenses Est. # of Items Estimated Total Disposal Fees** $ fee $ Travel/Lodging*** $ Day Days $ Total Anticipated Cost of Service Request**** $

* Rates for Technicians should include the potential laboratory testing of unknown substances. Lab analysis may not be billed separately as an invoice line item.

** The Contractor will be reimbursed for the cost of disposal fees for the hazardous waste materials with no additional markup. Original invoices and receipts from the approved disposal facility must be submitted to the CDFW Contract Manager for reimbursement.

*** All travel and lodging must be pre-approved by the CDFW Contract Manager. Rates must not exceed State reimbursement rates for travel, lodging, per diem, and mileage as outlined in Exhibit I.

**** The total amount payable by CDFW under this Service Request must not exceed 15% more than the amount of the Total Anticipated Cost of Service Request unless approved in advance by the CDFW Project Manager.

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: To Be Determined

(Version 01/2024)

1. INVOICING AND PAYMENT

A. For services satisfactorily rendered, 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 specified herein.

B. The Contractor will be paid monthly in arrears, upon submission of an invoice, which properly details all charges, expenses, direct and indirect costs. Invoices must be submitted to:

Contract Manager: Ryan Leahy CDFW Region / Division: North Central Region Email: Ryan.Leahy@wildlife.ca.gov

C. The invoice will be forwarded to the California Department of Fish and Wildlife

(CDFW) Accounting Claims Section by the CDFW Contract Manager. Payment of any invoice will be made only after receipt of a complete, supported, documented, and accurately addressed invoice. All invoices must be approved by the Contract Manager.

D. The invoice must contain the following information:

1. The word “Invoice” in a prominent location at the top of the page(s)

2. Printed name of the Contractor

3. Business address of the Contractor including P.O. Box, City, State, and Zip Code

4. Name of the CDFW Region/Division being billed (see section 1.B. above)

5. The date of the invoice and the time period covered

6. The agreement number upon which the claim is based

7. An itemized account of the services for which the CDFW is being billed. Include all of the following:

a. The time period covered by the invoice, i.e., the term “from” and “to”

b. A description of the services performed

c. The method of computing the amount due based on a line item budget/cost reimbursement method. Payments will be made by the State to the Contractor, in arrears, upon receipt of an itemized invoice showing the time period covered and the work items accomplished. The invoice must be itemized using the categories and following the format of the attached budget.

d. The total amount due. This should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or mailto:Ryan.Leahy@wildlife.ca.gov

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: To Be Determined computations appearing on the invoice; the total amount due must include all costs incurred by the Contractor under the terms of this agreement; and

e. The original or verified electronic signature of the Contractor (not required of established firms or entities using preprinted letterhead invoices).

8. The Contractor agrees to accept payment only in the form of a warrant issued by the California State Controller’s Office (SCO). No other payment method will be made in the payment of these invoices.

2. CONTRACT WRITTEN PRIOR TO APPROVAL OF THE BUDGET ACT

A. It is mutually understood between the parties that this Agreement may have been written prior to approval of the Budget Act for the mutual benefit of both parties in order to avoid program and fiscal delays.

B. This Agreement is valid and enforceable only if sufficient funds are made available by the Budget Act for the Fiscal Year(s) involved for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature and contained in the Budget Bill or any statute enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner.

C. 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 will be of no further force and effect. In this event, the State will have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor will not be obligated to perform any additional provisions of this Agreement.

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

3. ADVANCE PAYMENTS, ASSEMBLY BILL 590

A. Advanced payments (not exceeding 25% of contract amount) may be authorized by the State to community based private nonprofit agencies that satisfy the minimum requirements outlined in Government Code 11019.3 (c)(2)(A)(i-viii).

B. The private nonprofit agency must demonstrate status in good standing under Section 501(c)(3) of the Internal Revenue Code, provide supporting documentation, and receive approval from the CDFW Contract Manager.

C. Advanced payment funds must be deposited into a federally insured account in the Contractor’s name that provides the ability to track interest earned and withdrawals.

Any accumulated interest will be deemed to be contract money and subject to federal and state laws and regulations.

https://casetext.com/statute/california-codes/california-government-code/title-2-government-of-the-state-of-california/division-3-executive-department/part-1-state-departments-and-agencies/chapter-1-state-agencies/article-1-general/section-110193-effective-112024-expansion-of-existing-advance-payment-practices-for-state-grants-and-contracts-with-nonprofits

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: To Be Determined

D. The Contractor must provide progress reports on the expenditure of advanced funds (no less than quarterly) that include a summary of the work to be completed, proof of expenditure, and other associated information determined by the CDFW Contract Manager.

E. Funding provided as advance payment but not expended within the contract period must be returned to CDFW.

4. PROMPT PAYMENT CLAUSE

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

5. TIMELY SUBMISSION OF FINAL INVOICE

A final undisputed invoice must be submitted for payment no more than thirty (30) calendar days following the expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the Contract Manager. Said invoice should be clearly marked “Final Invoice,” thus indicating that all payment obligations of CDFW under this Agreement have ceased and that no further payments are due or outstanding.

6. BUDGET FLEXIBILITY CLAUSE

A. Subject to the prior review and approval of the Contract Manager, line item shifts of up to a cumulative maximum of $25,000 or 10% of the annual Agreement total, whichever is less, may be made over the life of the Agreement. There must be a substantial business justification for any shifts made.

B. Line item shifts may be proposed / requested by either CDFW or the Contractor in writing and must not increase or decrease the total Agreement amount allocated.

C. If the Agreement is formally amended, any line item shifts agreed to by the parties must be included in the amendment.

7. PAYROLL RECORDS

A. The Contractor must comply with the following provisions.

1. Each Contractor must keep accurate payroll records and supporting documents as mandated by California Labor Code Section 1776 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 the Contractor in connection with the public work. Each payroll record will contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: To Be Determined

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, must be certified. The certified payrolls and records related to employee wages, fringe benefits, payroll tax, and deductions will be available for inspection and copying by a CDFW representative at all reasonable hours at the Contractor’s principal office. Certified payrolls will be made available as follows:

a. A certified copy of an employee's payroll record will 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, will be made available for inspection or furnished upon request to a representative of CDFW and the Department of Industrial Relations, Division of Labor Standards Enforcement and Division of Apprenticeship Standards. Certified payrolls submitted to CDFW and the Department of Industrial Relations, Division of Labor Standards Enforcement, and Division of Apprenticeship Standards must not be altered or obliterated by the Contractor.

c. The public will not be given access to certified payroll records by the

Contractor. The Contractor is required to forward any requests for certified payrolls to the CDFW Contract Manager by both email and a hard copy sent by regular mail on the…