IFB_P2560009,_Sample_Agreement.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2560009 (SAMPLE)

PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2560009 (SAMPLE)

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

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTOR NAME

TBD

2. The term of this Agreement is:

START DATE

July 1, 2025

THROUGH END DATE

June 30, 2028

3. The maximum amount of this Agreement is:

$82,500.00 | Eighty-Two Thousand, Five Hundred 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 8

Exhibit A, Attch I Map IWA 1

Exhibit A, Attch II Map SJWA 1

Exhibit A, Attch III Additional Location Maps 5

Exhibit B Budget Detail and Payment Provisions 5

Exhibit C * General Terms and Conditions (GTC 02/2025) *

Exhibit D Additional Provisions 10

Exhibit E Federal Provisions 4

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.)

TBD

CONTRACTOR BUSINESS ADDRESS

TBD

CITY

TBD

STATE

TBD

ZIP

TBD

PRINTED NAME OF PERSON SIGNING

TBD

TITLE

TBD

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2560009 (SAMPLE)

PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2560009 (SAMPLE)

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: P2560009 Exhibit A – Scope of Work Contractor: TBD

(Version 05/2024)

1. Introduction of Services

The Contractor agrees to provide to the California Department of Fish and Wildlife (CDFW) heavy equipment rentals and towing/transport services in accordance with the specifications, terms, and conditions contained herein.

2. Location of Services

The services will be performed within the counties of Riverside, Imperial, and San Bernardino.

Most of the services will be performed at the following location(s):

• Imperial Wildlife Area (IWA); see Exhibit A, Attachment 1 - Map IWA.

o Wister Unit – 8700 Davis Road, Niland, CA, 92257, Imperial County.

o Hazard Unit – 906 W. Sinclair Road, Calipatria, CA, 92233, Imperial County.

o Finney Ramer Unit – 5801 Kershaw Road, Calipatria, CA, 92233, Imperial County.

• San Jacinto Wildlife Area (SJWA); see Exhibit A, Attachment 2 - Map SJWA.

o Davis Unit – 17050 Davis Road, Lakeview, CA 92567, Riverside County.

Services will be performed less frequently at the following locations (see Exhibit A, Attachment 3 – Additional Location Maps):

• French Valley Wildlife Area; Riverside County

• dlife Area; Riverside County

• Camp Cady Wildlife Area; San Bernardino County

• Santa Rosa Plateau Ecological Reserve; Riverside County

• Oasis Springs Ecological Reserve; Riverside County

• Coachella Valley Ecological Reserve; Riverside County

3. Service Schedule

The services will be provided between standard 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.

4. Project Officials

CDFW Project Officials Contractor Project Officials Contract Manager Project Director Name: Cris Crecelius Name: TBD Phone: (760) 636-6118 Phone: TBD Email: cristopher.crecelius@wildlife.ca.gov Email: TBD Address: 8700 Davis Road

Niland, CA 92257 Address: TBD mailto:cristopher.crecelius@wildlife.ca.gov

Direct all inquiries to: Direct all inquiries to:

CDFW – IDR6 / Admin. Contracts Name: Kris Philippon Name: TBD Address: 3602 Inland Empire Blvd C220 Address: TBD

Ontario, CA 91764 Phone: (909) 948-9632 Phone: TBD Email: kristin.philippon@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.

CDFW Area Managers

Imperial Wildlife Area (IWA)

Cris Crecelius

Cristopher.Crecelius@wildlife.ca.gov

(760) 636-6118

San Jacinto Wildlife Area (SJWA)

Scott Sewell

Scott.Sewell@wildlife.ca.gov

(951) 634-4652

5. Scope of Work

A. Background and Objectives

CDFW seeks support for the IWA & SJWA programs with habitat restoration projects, wildlife food plot planting, facilities maintenance, fire prevention, fuels reduction, and vegetation management for fire prevention. The activities to be performed by CDFW staff utilizing rented and owned equipment include removal of overgrown noxious vegetation in areas for restoration projects, clearing vegetation along existing fence lines, grading existing emergency access roads as needed, developing fire breaks, responding to emergency fire situations, replacing culverts as needed, repairing levees and access roads, planting wildlife food and cover crops, and other habitat and facilities maintenance duties.

Transporting CDFW-owned equipment between locations is far more cost effective than purchasing duplicate equipment for each location’s needs. Currently IWA & SJWA do not own the equipment necessary for transporting heavy equipment and the heavy equipment cannot be driven long distances to the other properties described.

B. Work to be Performed

1) The Contractor will provide the following services:

a) Task 1: Equipment Rental Services

i. The Contractor will provide, on an as-needed rental basis, heavy equipment units in good, working order. The Contractor is responsible for making any adjustments and repairs as needed to meet these standards. If equipment fails in the field, the Contractor will provide an alternative machine or rental mailto:kristin.philippon@wildlife.ca.gov fees will be returned (prorated based on the availability of the used equipment). Related components include, but are not limited to, the following:

A. Labor B. Maintenance (including fluids, brakes, engine, transmission, attachments, etc.)

C. Transportation (i.e., Delivery, transfer, pick-up, etc.)

D. Insurance E. Licenses F. Taxes

ii. Rentals:

A. Excavator, John Deere 245G (Or Equivalent) with thumb attachment B. Skid Steer, CAT 299D3 Land Management (Or Equivalent)

1. Possible attachments include masticator, front loader, brush grabber, auger.

C. Skip Loader, John Deere 420 (Or Equivalent) D. Dozer, D6 (Or Equivalent) E. Water Truck, 2,000gal (Or Equivalent) F. Dump Truck, between 10 and 12 yards, 340,000 LB capacity (Or

Equivalent) G. Grader, 275 HP, 49,500 LBS, 14’ BLADE, AWD (Or Equivalent) H. Backhoe, Case 590 (Or Equivalent) with thumb attachment I. Wheeled/tracked farm tractor, Case 280 Magnum (Or Equivalent).

iii. Equipment Requirements:

All equipment must meet the following requirements:

A. Be less than five (5) years old.

B. Have fewer than two thousand (2,000) operating hours.

C. Have an enclosed cab with fully functional heating and air conditioning.

D. Be free from leaks.

E. Be thoroughly steam-cleaned prior to delivery.

F. Be free of wood, organic debris, soil, grease, and other foreign matter, including within the engine compartment, cab, and all other spaces.

iv. Equipment Delivery and Pickup:

A. The CDFW Contract Manager will provide the Contractor with a minimum of forty-eight (48) hours' notice for the requested heavy equipment unit and the required delivery date for each location.

B. Delivery and pickup arrangements must be coordinated between the Contractor and the CDFW Contract Manager at least twenty-four (24) hours in advance to ensure a CDFW Heavy Equipment Operator and/or Heavy Equipment Mechanic is available for inspection upon delivery and pickup.

C. The trailer used to transport the equipment must remain on-site for CDFW staff use.

D. The Contractor is fully responsible for the delivery and pickup of rental equipment to and from the designated site.

E. For any questions related to equipment transportation, the Contractor must contact the CDFW Contract Manager directly.

v. Placement:

A. Heavy equipment placement locations are dependent on work locations and may be needed in multiple wildlife areas. For specific location set up, the CDFW Area Manager will provide a map to the Contractor upon arrival to each area for delivery, see Exhibit A, Attachment 1 – Map IWA and Exhibit A, Attachment 2 – Map SJWA.

vi. Request for Additional Equipment:

A. CDFW reserves the right to request additional heavy equipment units on an as-needed basis. The CDFW Contract Manager will contact the Contractor’s Project Director as necessary to schedule and obtain additional units and/or services.

vii. Equipment Servicing:

A. The Contractor will be responsible for all routine service and mechanical failures. Equipment failures and breakdowns will be repaired within 48 hours unless otherwise notified by the CDFW Contract Manager. Failure to repair or replace equipment within the 48-hour time period will result in CDFW not being charged for faulty equipment. CDFW retains the right to cancel the contract if the contractor fails to meet this obligation.

B. CDFW will be responsible for daily maintenance which includes inspection, greasing required parts and cleaning air filters.

C. The Contractor will provide the CDFW Contract Manager, in writing, information on scheduled maintenance anticipated during the project period prior to the conveyance of the wheel loader. Equipment servicing work will be performed by the Contractor in the field and with proper environmental safeguards for work.

viii. Interference:

A. The Contractor will not interfere with ingress, egress, and/or use by individuals that have right-of-way privileges, easements, or any other legal interests related to the wildlife areas described herein.

ix. Stipulations:

A. Some equipment will require the Contractor to deliver and pick-up from worksite locations. Pickup and delivery charges will vary based on type of equipment and distance from rental facility to work location and will be calculated with the rates identified in Exhibit B – Budget Detail and Payment Provisions. All delivery and pick-up requests require prior authorization from the CDFW Contract Manager.

B. Unless otherwise specified, rental will be paid for the time the equipment is in the possession of CDFW. Rental time starts when the equipment is received by CDFW from the Contractor’s place of business and will end when the equipment is returned or released to the Contractor.

C. Weekly rates will be the weekly rates prorated according to the number of days the equipment is continuously in the possession of CDFW.

D. Daily rental must be charged at the “Daily Rental Rate” only when the time period is less than one (1) week but will at no time exceed the weekly rate for rental periods less than one (1) week. One (1) week is seven (7) calendar days.

E. Weekly rental must be charged at the “Weekly Rental Rate” or the “Daily Rental Rate”, whichever is less.

F. Rental periods for heavy equipment will not exceed 30 calendar days.

G. The equipment must be in good working order and condition upon CDFW acceptance.

H. CDFW will use the equipment in a careful manner for the purpose of which it was designed and will comply with all the manufacturers’ requirements and recommendations.

I. The Contractor will at its own expense maintain the equipment and its apparatuses in good repair and operative condition and replace any equipment not in good mechanical condition. The Contractor will be responsible for all costs associated with repairs, all routine service, mechanical failures, and adjustments necessary to keep equipment in proper working order.

J. If the Contractor’s equipment is heavily damaged during the normal course of work while CDFW is operating the equipment in accordance with the manufacturer’s standards, the Contractor and CDFW will collaborate to determine a plan of action for repair or replacement in the event of a total loss.

K. CDFW will return the equipment in good condition, subject to reasonable wear and tear, except for loss or damage arising from causes beyond the control of CDFW.

L. The Contractor will indemnify CDFW for loss or damage to property, material, or equipment belonging to Contractor, its agents, employees, suppliers, or any directly or indirectly employed by the Contractor while material property, or equipment is in Contractor’s care, custody, control or under Contractor’s physical control.

M. The Contractor will give CDFW immediate notice if any of the rented equipment is levied upon or is about to become liable or is threatened with seizure, and the Contractor will indemnify CDFW against all loss and damages by such action.

N. The Contractor will 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, or the materials used in the work, or which in any way affect the conduct of the work. The Contractor will always observe and comply with, and cause all its agents, subcontractors, and employees to observe and comply with, all existing and future laws, ordinances, and regulations

O. Personal property taxes will not be reimbursed under this agreement.

b) Task 2: Equipment Transportation Services

i. Objectives and Deliverables:

A. At the request of the Contract Manager, the Contractor will pick up agreed upon CDFW owned equipment from one CDFW location and transport that equipment to another predetermined CDFW location.

B. Transportation of equipment from CDFW locations will primarily be between the IWA locations in Niland and the SJWA locations in Lakeview but may also include:

1. Imperial Wildlife Area (IWA); see Exhibit A, Attachment 1 - Map IWA.

• Wister Unit – 8700 Davis Road, Niland, CA, 92257, Imperial County.

• Hazard Unit – 906 W. Sinclair Road, Calipatria, CA, 92233, Imperial County.

• Finney Ramer Unit – 5801 Kershaw Road, Calipatria, CA, 92233, Imperial County.

2. San Jacinto Wildlife Area (SJWA); see Exhibit A, Attachment 2 - Map

SJWA.

• Davis Unit – 17050 Davis Road, Lakeview, CA 92567, Riverside

County.

3. Additional, less frequent locations; see Exhibit A, Attachment 3 –

Additional Location Maps.

• French Valley Wildlife Area; Riverside County

• Camp Cady Wildlife Area; San Bernardino County

• Santa Rosa Plateau Ecological Reserve; Riverside County

• Oasis Springs Ecological Reserve; Riverside County

• Coachella Valley Ecological Reserve; Riverside County

ii. Possible CDFW owned equipment to transport includes but is not limited to:

A. John Deere 672G Motor Grader B. John Deere 245G Excavator C. John Deere 8430 tractor D. John Deere 8520 tractor E. Case 9150 tractor F. Case Magnum 280 tractor G. Case 150 tractor H. Case 590 Backhoe I. Ford F750 2,000-gallon water truck J. 1 ton- ½ ton trucks K. UTVs

iii. Possible CDFW owned tractor implements to transport include but are not limited to:

A. Flail mower B. Rotary mower C. Bison blade D. Box blade E. Disc harrow F. Seeders G. Triplane H. Lister I. 3-point sprayer

C. Schedule of Completion Dates

Activity Anticipated Due Date* Task 1 On an as-needed basis, upon CDFW approval date through 06/30/2028

Task 2 On an as-needed basis, upon CDFW approval date through 06/30/2028

*Changes to due dates must be agreed upon in writing by the Contractor and CDFW Contract Manager. Due dates must fall within the term of the contract.

6. Contractor Minimum Qualifications/ Requirements

A. The Contractor must possess a valid Motor Carrier Permit issued by the Department of Motor Vehicles throughout the term of the agreement.

B. The Contractor and subcontractor 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.

7. 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 CDFW.

Insurance must be in accordance with the Exhibit D CDFW Additional Provisions.

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

$2,000,000 annual policy aggregate).

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

C. 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”.

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California Department of Fish and Wildlife Inland Deserts Region

IMPERIAL WILDLIFE AREA

Imperial County

January 2015 - WLB

0 2 Miles´ WildlifeArea National Wildlife Refuge

Bureau of Land Management State Highway Local Road

Salton Sea

New River

AlamoRiver

Sinclair Road

Noffsinger Road

Beach Road

Ga rst

Ro ad

Da vis

Ro ad

Finney-Ramer Unit

Hazard Unit

Wister Unit

Wister

Niland

Calipatria

Approximately 45 mi to Coachella

Approximately 26 mi to Calexico

Ramer Lake

Sonny Bono National

Wildlife Refuge

!̂ Headquarters Disclaimer: Boundaries are approximate.

Maps are intended for general purposes only.

ECantey Typewriter Exhibit A, Attachment I

Beaumont

HemetHomeland

Lakeview

Moreno

Nuevo

San Jacinto

Moreno Valley

Wildlife Area

State Recreation Area

Aqueduct

State Highway

Interstate Highway

Local Road ´ 0 2 4 Miles

Disclaimer: Boundaries are approximate.

Maps are intended for general purposes only.

November 2024 - WLB

California Department of Fish and Wildlife Inland Deserts Region

SAN JACINTO WILDLIFE AREA

Riverside County

Approximately 8 mi to Riverside

Potrero Unit

Lake Perris State Recreation Area

Perris Reservoir

D avis R oad M ystic Lake

San Jacinto River Colorado R ive r A queduct

San D ie go

A qu ed uc t

San Jacinto Reservoir

Ramona Expressw ay

T he od or e S tr ee t

Gilm an Springs Road

ECantey

Exhibit A, Attachment II

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|ÿ79

§̈¦215

§̈¦15

California Department of Fish and Wildlife Inland Deserts Region

FRENCH VALLEY WILDLIFE AREA

Riverside County

December 2014 - WLB

0 1.5 Miles´ Wildlife Area Reservoir / Creek Local Road

State Highway Interstate Highway

Approximately 30 mi to Riverside

Skinner Reservoir

Murrieta Hot Springs

Temecula

Santa Gertrudis Creek

Tucalota Creek

Murrieta Creek

Benton Road

Borel Road

Rancho California Road

Washingt onStreet

Approximately 29 mi to Escondido

Disclaimer: Boundaries are approximate.

Maps are intended for general purposes only.

Buck Road

ECantey

Exhibit A, Attachment III

§̈¦15

California Department of Fish and Wildlife Inland Deserts Region

CAMP CADY WILDLIFE AREA

San Bernardino County

December 2014 - WLB

0 1 Miles´ Wildlife Area Bureau of Land Management Interstate Highway

Local Road Dirt Road Railroad

Ha rva rd Ro ad

Manix Road

Mojave Trail

Yermo Road

Union Pacific Railroad

Manix

Approximately 21 mi to Barstow

Approximately 40 mi to Baker & 160 mi to Las Vegas

Approximately 8 mi to Newberry Springs and Interstate Highway 40

Headquarters

Mojave River

Disclaimer: Boundaries are approximate.

Maps are intended for general purposes only.

IA!̂

IA

IA

IA

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California Department of Fish and Wildlife Inland Deserts Region

SANTA ROSA PLATEAU ECOLOGICAL RESERVE

Riverside County

February 2015 - WLB 0 2 Miles

Ecological Reserve County Park National Forest

Bureau of Land Management IA Parking !̂ Visitor Center

Local Road Interstate Highway State Highway

Approximately 5 mi to Lake Elsinore

Approximately 25 mi to

Escondido

Approximately 6 mi to Sun City

De Luz

Wildomar

Sedco Hills

ECOLOGICAL

RESERVE

Cleveland National Forest Murrieta

Murrieta Hot

Springs

Temecula

Cli nto n Ke ith Roa d

Clinton Keith Road

Te na ja

Ro ad

Tena ja

Ro ad

Corona Calle

Camino

Via Volcano

Ca ran cho

Roa d

Rancho

California Road

De

Lu z

Ro ad

De Luz

Murrieta Road

De Lu z R oa d

Warm Sp rin gs

Cr ee k

M ur rieta Creek

De Lu z C ree k Riverside County

San Diego County

Sant a Marg arit a River

Riverside County

Park District

Riverside County

Park District

A v oca do Mes a Road

SANTA

ROSA

PLATEAU

ÃÆÆ111

California Department of Fish and Wildlife Inland Deserts Region

OASIS SPRING ECOLOGICAL RESERVE

Riverside County

November 2014 - WLB

0 2 Miles´ Ecological Reserve State Recreation Area Bureau of Land Management

State Highway Local Road Dirt Road

Approximately 29 mi to Coachella

Approximately 31 mi to Brawley

Bombay Beach

OASIS SPRING

ECOLOGICAL

RESERVESalton

Riverside County

Salton

Sea

Salton Sea

Imperial County

Ra nge Ro ad

State Recreation

Area

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California Department of Fish and Wildlife Inland Deserts Region

CARRIZO CANYON ECOLOGICAL RESERVE

COACHELLA VALLEY ECOLOGICAL RESERVE

MAGNESIA SPRING ECOLOGICAL RESERVE

SKY VALLEY ECOLOGICAL RESERVE

Riverside County

December 2014 - WLB

0 5 Miles´ Ecological Reserve

Wildlife Area

National Park

National Forest

Bureau of Land Management

Interstate Highway

State Highway

Local Road

Approximately 1 mi to

Coachella

Approximately 2 mi to

Palm Springs

Approximately 45 mi to

Redlands

Cathedral City

Indio

Palm Desert

CARRIZO CANYON

ECOLOGICAL

RESERVE

San Bernardino National Forest

Indian Wells

Thousand Palms

Rancho Mirage

COACHELLA VALLEY

ECOLOGICAL

RESERVE

MAGNESIA SPRING

ECOLOGICAL

RESERVE

SKY VALLEY

ECOLOGICAL

RESERVE

SANTA ROSA

WILDLIFE AREA

Joshua Tree National ParkDillon Road

D illon

R oad

Ramon Road

Washington S treet

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: TBD

(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 not more frequently than every thirty (30) days for any one

(1) rental item in arrears, upon submission of an invoice, which properly details all charges, expenses, direct and indirect costs. Invoices must be submitted to both:

Contact: Cris Crecelius Kris Philippon Location: IDR6 / IWA IDR6 / Admin. Contracts Email: cristopher.crecelius@wildlife.ca.gov kristin.philippon@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. Payments made prior to satisfactory completion of all work required by the Agreement must not exceed, in the aggregate, ninety percent (90%) of the total earned with the balance to be paid upon satisfactory completion of the Agreement, and provided further, that the CDFW will retain from the Contractor’s earnings for each period for which payment is made, an amount equal to ten percent (10%) of such earnings, pending satisfactory completion of the Agreement.

E. 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 mailto:cristopher.crecelius@wildlife.ca.gov mailto:kristin.philippon@wildlife.ca.gov

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 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).

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

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.

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. LINE ITEM BUDGET

The Contractor will provide to CDFW heavy equipment rentals and towing/transport services in accordance with the specifications, terms, and conditions contained herein, at the unit rates noted below. Rates include all Contractor costs including but not limited to labor, shipping, transportation, taxes, travel, parking and all other expenses necessary under the performance of this contract.

The Contractor will be reimbursed for actual services rendered as requested and approved by the CDFW Contract Manager. The Contractor will be reimbursed at the unit rates identified below to a total cost that must not exceed eighty-two thousand five hundred dollars and zero cents ($82,500.00).

Task 1: Equipment Rental Services

Item Baseline Price Daily Price Weekly Price Excavator – John Deere 245G (or equivalent)

Skid steer – CAT 299D3 (or equivalent)

Skip loader – John Deere 420 (or equivalent)

Dozer – D6 (or equivalent)

Water truck – 2,000 gallon (or equivalent)

Dump truck – between 10 and 12 yards, 340,000 LB capacity (or equivalent)

Grader – 275 HP, 49,500 LBS w/ 14’ blade, AWD (or equivalent)

Backhoe – Case 590 (or equivalent)

Wheeled/tracked farm tractor – Case 280 Magnum (or equivalent)

Delivery trailers

Fueling charge of equipment (per gallon)

Delivery base amount

Pickup base amount

Task 2: Equipment Transport Services

Item Baseline Price Price Per Mile

Heaviest Equipment

Oversize Equipment

Regular/average weight equipment

Delivery trailers

Delivery base amount

Pickup base amount

California Department of Fish and Wildlife Page 1 of 10 Exhibit D – Additional Provisions (Rev 02/2025)

1. LICENSES AND PERMITS (If Applicable) ~ The Contractor must be an individual or firm licensed to do business in California and must obtain, at his/her expense, all licenses and permits required by law for accomplishing any work required in connection with this Agreement.

If you are a Contractor located within the State of California, a business license from the City/County in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documents/letters from the Secretary of State’s Office can be submitted.

If you are a Contractor outside the State of California, you will need to submit to CDFW, a copy of your business license or incorporation papers for your respective State showing that your company is in good standing in that State.

In the event any licenses and/or permits expire at any time during the term of this Agreement, Contractor agrees to provide the California Department of Fish and Wildlife (CDFW) a copy of the renewed licenses and/or permits within thirty (30) days following the expiration date. In the event the Contractor fails to keep all required licenses and permits current, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

2. RIGHTS IN DATA ~ The Contractor agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Agreement, are subject to the rights of the State as set forth in this section.

The State will have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so.

3. RIGHT TO TERMINATE ~ CDFW 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.

However, the agreement can be immediately terminated for cause. The term “for cause” will mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination will be effective as of the date indicated on the State’s notification to the Contractor.

This agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service.

4. SETTLEMENT OF DISPUTES ~ Unless otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which cannot be resolved informally, will be decided by the following two (2) step procedure:

a. The Contractor must provide written notice of the particulars of such disputes to the CDFW Contract Manager or appointed representative. The CDFW Contract Manager must respond, in writing, within ten (10) working days of receipt of the written notice of dispute.

California Department of Fish and Wildlife Page 2 of 10

(Rev 02/2025)

Should the Contractor disagree with the CDFW Contract Manager’s decision, the Contractor may appeal to the second level. Pending the decision on appeal, the Contractor must proceed diligently with the performance of this Agreement in accordance with the CDFW Contract Manager’s decision.

b. The second level appeal must indicate why the CDFW Contract Manager’s decision is unacceptable, attaching it to the Contractor’s original statement of the dispute with supporting documents, and a copy of the CDFW Contract Manager’s response. This letter of appeal must be sent to the California Department of Fish and Wildlife, Deputy Director, or duly appointed representative. The second level appeal must be filed within fifteen (15) working days upon receipt of the CDFW Contract Manager’s decision. Failure to submit an appeal within the period specified will constitute a waiver of all such rights to an adjustment of this Agreement. The Deputy Director, or designee, will meet with the Contractor to review the issues raised. A written decision signed by the Deputy Director or designee, will be returned to the Contractor within fifteen (15) working days of the receipt of the appeal. The decision of the Deputy Director, or designee, will be final.

5. PROPERTY ACQUISITIONS ~ Property, as used in this section must include:

a. Equipment – Tangible property (including furniture) with a unit cost of $5,000.00 or more, and a useful life of four (4) years or more. Actual costs include the purchase price plus all costs to acquire, install and prepare the equipment for its intended use.

b. Furniture – Standard office furnishings including desks, chairs, bookcases, credenzas, tables, etc., with a unit cost of less than $5,000.00.

c. Portable Assets – Items considered ‘highly desirable’ because of their portability and value, e.g., calculators, laptops, tablets, mobile phones, flash drives, cameras, and microscopes, etc. (excludes all hardware, software, data processing systems).

d. Electronic Data Processing (EDP) Equipment – All computerized and auxiliary automated information handling including system design and analysis, conversion of data, computer programming, information storage and retrieval, voice, video, and data communications, requisite system controls, simulation and all related interactions between people and machines.

The Contractor may purchase property under this Agreement only if specified in Exhibit B titled ‘Budget Detail and Payment Provisions’. Any property purchased by the Contractor, with funds provided under this Agreement, will be the property of the State during the customary depreciable life thereof. The Contractor must promptly report any such purchase to the CDFW Contract Manager. Should this Agreement be terminated for any reason, or upon expiration and failure to negotiate hereof, all such property will be returned to the State within the timeframe negotiated between the Contractor and the State. Prior written authorization by the CDFW Contract Manager will be required before the Contractor will be reimbursed for any property purchases not specified in the Line-Item Budget. The Contractor will provide to the CDFW Contract Manager, all particulars regarding the necessity for such property and the reasonableness of the cost.

California Department of Fish and Wildlife Page 3 of 10

(Rev 02/2025)

Before property purchases made by the Contractor are reimbursed by CDFW, the Contractor must provide the following:

1. paid vendor receipts identifying the Agreement number,

2. purchase date,

3. purchase price,

4. description of the item,

5. serial number,

6. model number, and

7. location, including street address where property will be used during the term of this

Agreement.

Paid receipts must be attached to Contractors’ invoices. The Contractor must keep adequate and appropriate records of all property purchased with Agreement funds and at the time of purchase, prepare a Property Purchased with State Funds report and submit one (1) copy to the CDFW Contract Manager and one (1) copy must be retained by the Contractor.

CDFW reserves the right, at any time, to evaluate the cost of property and reimburse at an amount equal to costs reflected in but not limited to Agreements the State Department of General Services, Procurement Division has negotiated with vendors who supply the same type of property. The Contractor must tag all acquired assets. The purpose of tagging assets is to designate the assets as belonging to the State.

Upon termination, expiration or failure to negotiate renewal of this Agreement, all property purchased with Agreement funds must promptly be returned to the State. The Contractor will prepare an inventory of State Furnished Property report and submit to the State and will at that time query the CDFW Contract Manager as to the State’s requirements, including the manner and method, in returning said property to the State. Final disposition of such property will be at State expense in accordance with instructions from the CDFW Contract Manager to be issued immediately after receipt of the final inventory.

6. LOST, STOLEN or DESTROYED PROPERTY ~ The Contractor must immediately report the loss, theft, or destruction to the local law enforcement agency (or the California Highway Patrol {CHP} if the crime occurs on either state-owned or state leased property) and to the CDFW Contract Manager and prepare a Property Survey Report.

In the case of stolen property, the Contractor must also complete a CHP Report of Crime on State Property (STD 99) form and obtain a copy of the law enforcement agency’s report to submit to the CDFW Contract Manager. The Contractor will adjust their property records and retain a copy of the Property Survey Report as documentation.

Losses of State property due to fraud or embezzlement must be reported in the same manner as described above. The Contractor will be charged with any loss and damages to State property due to the Contractor’s negligence. The Contractor will, at the request of the State, submit an inventory of property furnished or purchased under the terms of this Agreement. Such inventory will be required not more frequently than annually.

7. INCOME RESTRICTIONS ~ The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Contractor under this

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(Rev 02/2025)

Agreement will be paid by the Contractor to CDFW, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by CDFW under this Agreement.

8. CONFIDENTIALITY OF DATA ~ The Contractor must protect from disclosure all information made available by CDFW. The Contractor will not be required to keep confidential any data or information which is publicly available, independently developed by the Contractor, or lawfully obtained from third parties. Written consent of CDFW must be obtained prior to disclosing information under this Agreement.

9. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENTS

~ The Contractor agrees to use DVBE subcontractors or suppliers originally identified by the Contractor, unless the Contractor requests substitution, in writing beforehand to the CDFW Contract Manager and the CDFW Contract Manager has approved such substitution. At a minimum, the request must include:

a. A written explanation of the reason for the substitution; and

b. The identity of the person or firm substituted.

The request and the CDFW Contract Manager’s approval is not to be construed as an excuse for noncompliance with any other provision of law, including but not limited to the subletting and subcontracting Fair Practices Act or any other Agreement requirements relating to the substitution of subcontractors. Failure to adhere to at least the level of participation for DVBE proposed by the Contractor may be cause for Agreement termination and recovery of damages under the rights and remedies due the State.

If the Contractor enters into a subcontract with a DVBE, CDFW and the Contractor are required to follow Military and Veterans Code Sections 999.5, 999.55 and 999.7.

Pursuant to the Military and Veterans Code (M&VC) Section 999.5, when a Contractor has entered into a subcontract with a DVBE, the Contractor must complete a Prime Contractor’s DVBE Subcontracting Report (STD 817), within 60 days after receiving final payment. Upon request by CDFW, the Contractor must provide proof of total payment amount to the DVBE subcontractor.

A person or entity that knowingly provides false information will be subject to a civil penalty for each violation in the minimum amount of two thousand five hundred dollars ($2,500) and the maximum amount of twenty-five thousand dollars ($25,000). An action for a civil penalty under this subdivision may be brought by any public prosecutor in the name of the people of the State of California and the penalty imposed will be enforceable as a civil judgment.

Pursuant to the M&VC Section 999.7, CDFW will withhold ten thousand dollars ($10,000) from the final payment, or the full final payment if less than ten thousand dollars ($10,000), until the Contractor complies with the certification requirements of Military and Veterans Code Section

999.5. Contractors that fail to comply with the certification requirements will be given notice and allowed to cure the defect. If after 15 calendar days but not more than 30 calendar days from the date of the notice, the Contractor fails to comply with the certification requirements, CDFW will permanently deduct ten thousand dollars ($10,000) from the final payment, or the full payment if less than ten thousand dollars ($10,000). The withholding applies to all procurement approaches with a DVBE subcontractor, as defined by M&VC Section 999(b)(4).

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std817.pdf

California Department of Fish and Wildlife Page 5 of 10

(Rev 02/2025)

Notwithstanding any other law, the CDFW will not withhold more than the amount specified on the final payment of any DVBE contract for the purposes of ensuring compliance with the certification requirements of M&VC 999.5.

10. DISCLOSURE REQUIREMENTS ~ Any document or written report prepared in whole or in part pursuant to this Agreement must contain a disclosure statement indicating that the document or written report was prepared through an Agreement with CDFW. The disclosure statement must include the Agreement number and dollar amount of all Agreements and subcontracts relating to the preparation of such documents or written reports. The disclosure statement must be contained in a separate section of the document or written report.

If the Contractor or subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. The Contractor must include in each of its subcontracts for work under this Agreement, a provision which incorporates the requirements stated within this section.

11. USE OF SUBCONTRACTOR(S) ~ If the Contractor desires to accomplish part of the services using one (1) or more subcontractors, the following conditions must be met:

a. The Contractor must submit any subcontracts to the State for approval prior to starting any of the work;

b. The Agreement between the primary Contractor and the subcontractor must be in writing;

c. The subcontract must include specific language which establishes the rights of the auditors of the State to examine the records of the subcontractor relative to the services and materials provided under the Agreement; and

d. Upon termination of any subcontract, the State must be notified immediately, in writing.

Further, any subcontract in excess of $100,000.00 entered into as a result of this Agreement must contain all applicable provisions stipulated in this Agreement.

The Contractor will be responsible for all work performed under this agreement. All persons engaged in the work will be considered employees of the Contractor. When any subcontractor fails to execute a portion of the work in a manner satisfactory to the State, the Contractor must immediately remove such subcontractor upon written request of the State and the subcontractor must not be employed for any portion of the contract. The State will not entertain requests to arbitrate disputes among subcontracts concerning responsibility for performing any part of the work.

All changes in subcontractual relationship during the term of this agreement must be submitted to the CDFW Contract Manager in writing within 10 working days of said change.

12. POTENTIAL SUBCONTRACTOR(S) ~ Nothing contained in this Agreement or otherwise will create any contractual relation between the State and any subcontractor(s) and no subcontract will relieve the primary Contractor of its responsibilities and obligations hereunder. The Contractor

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(Rev 02/2025) agrees to be as fully responsible to the State for the acts and omissions of its subcontractor(s) and of persons directly employed or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractor(s) is an independent obligation from the State’s obligation to make payments to the primary Contractor. As a result, the State will have no obligation to pay or to enforce the payment of any monies to any subcontractor.

13. TRAVEL AND PER DIEM ~ The Contractor agrees that all travel and per diem paid its employees under this Agreement will be at rates not to exceed those amounts paid to the non-represented/excluded State employees. No travel outside the State of California will be reimbursed unless prior written authorization is obtained from CDFW.

14. NOVATION ~ If the Contractor proposes any Novation Agreement, CDFW will act upon the proposal within sixty (60) days after receipt of the written proposal. The State may review and consider the proposal, consult and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or rejection may be made orally within the sixty (60) day period and confirm in writing within five (5) days. No Novation Agreement will become operative or otherwise binding on the State pursuant to this paragraph in the absence of a formal Novation Agreement amendment which has been approved in accordance with all applicable State policy, laws, and procedures.

15. INSURANCE ~ When the Contractor submits a signed Agreement to CDFW, the Contractor must also furnish either proof of self-insurance, or certificate(s) of insurance showing that the required insurance is presently in effect. Contractor agrees to make complete copies of applicable insurance policies available to CDFW upon request. The State will not be responsible for any premiums or assessments on the policy.

General Provisions Applying to All Policies:

1) Coverage Term – Coverage needs to be in force for the complete term of the contract.

If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the contract.