IFB_P2675008_Sample_Agreement_.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

SAMPLE P2675008

PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: SAMPLE 3600-P2675008

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

2. The term of this Agreement is:

START DATE

September 1, 2026 or upon California Department of General Services Approval, whichever is later

THROUGH END DATE

August 31, 2028

3. The maximum amount of this Agreement is:

To Be Determined

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 B Budget Detail and Payment Provisions 11

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

Exhibit D Additional Provisions 10

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 (TBD)

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

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: P2675008 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 removal and disposal services in accordance with the specifications, terms, and conditions contained herein.

2. Location of Services

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

Location 1 – Petroleum Chemistry Laboratory (PCL) – 1995 Nimbus Rd.

Ranch Cordova, CA 95670

Location 2 – Water Pollution Control Laboratory (WPCL) – 2005 Nimbus Rd.

Ranch Cordova, CA 95670

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: Joseph LaCalle Name: To Be Determined Phone: (909) 229-0036 Phone: To Be Determined Email: joseph.lacalle@wildlife.ca.gov Email: To Be Determined Address: 1995 Nimbus Rd. Address: To Be Determined Rancho Cordova, CA 95605

Direct all inquiries to: Direct all inquiries to:

CDFW – Office of Spill Prevention and Response (OSPR)

Name: Kendell Craycraft Name: To Be Determined Address: 1010 Riverside Pkwy Address: To Be Determined

West Sacramento, CA 95605 Phone: (916) 215-3373 Phone: To Be Determined Email: kendell.craycraft@wildlife.ca.gov Email: To Be Determined

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.

mailto:joseph.lacalle@wildlife.ca.gov mailto:kendell.craycraft@wildlife.ca.gov

5. Scope of Work

A. Background and Objectives

The OSPR Laboratory Program generates hazardous waste (solvents, chemicals, contaminated samples, expired analytical standards, etc.) as part of their spill response and routine work preparing and analyzing environmental samples submitted for spill response and investigations, fish and wildlife loss investigations, California Fish and Game Code 5650 enforcement investigations, Hatchery Monitoring Programs, and specials studies such as rotenone applications. State and Federal hazardous waste regulations are enforced by the California Department of Toxic Substances Control which requires hazardous waste generators to regularly dispose of hazardous waste.

The Contractor will furnish all labor, containers, profile fees, label(s), preparation of manifest(s), packing, transportation, and disposal of hazardous waste materials.

B. Work to be Performed

The Contractor will provide the following services:

Upon request and within five (5) working days of notification, the Contractor will remove and dispose of various types of waste streams in an appropriate manner, i.e.:

incineration, recycling or landfill, as required by State and Federal laws. The Contractor will perform all hazardous waste removal from the State property in a safe and professional manner. The Contractor’s equipment will be in good working order and all personnel will be trained in safety measures to preclude accidents endangering State personnel or property. The Contractor will have adequate equipment for removal of waste from State property. Transportation packaging to include but not limited to:

Flammable Liquid Lab Pack (Alcohol), Flammable Liquid Lab Pack (Vials), Bulk Flammable Liquid Toxic Lab Pack, and Non-Resource Conservation and Recovery Act (RCRA) Hazardous Waste Liquid and Non-RCRA Hazardous Waste Solid. Containers not meeting Department of Transportation/United Nations (D.O.T/UN) standards, leaking, damaged, waste on the outside or top of containers(s), or otherwise deemed “unsafe” will be replaced or placed in secondary container(s). All waste streams are subject to verification and final analysis. All hazardous material will be taken to a certified waste disposal facility and disposed of in the manner described in Exhibit B, Line Item Budget.

In compliance with all Federal, State, and local regulations regarding handling, packaging, transportation and disposal of hazardous waste, the Contractor will provide the following:

• Containers

• Profile fees

• Label(s) and preparation of manifests

• Personnel, packing

• Transportation

• Disposal of hazardous waste material

• Disposal, testing, and analyses of unknown substances

Hazardous waste must be in D.O.T./UN approved containers.

All items removed from the facilities will be recycled, disposed, or destroyed within nine

(9) months of removal from the facility. Initial pick-up and subsequent tracking will be done through a uniform hazardous waste manifest.

C. Inspection

During the term of this contract, all services will, at all times, be subject to inspection by the CDFW Contract Manager/Facility Designee and authorized representatives. The State has the right to inspect and obtain copies of all written licenses, permits, and approvals issued by any government entity or agency to the Contractor or its subcontractors which are applicable to the performance of services under this contract;

to inspect and test, at its own expense, transportation vehicles or vessels, containers, and disposal facilities provided by the Contractor; and storage and disposal operations conducted by the Contractor and its subcontractors in the performance of this contract.

The State must be provided free access to any Contractor or subcontractor facility used in performing services under this contract, including offices and facilities where contract related records are retained. Inspections of Contractor or subcontractor facilities are to assist the State in determining conformance to contract requirements.

The Contractor is solely and exclusively responsible for the quality of all services performed under this contract. The State’s right to conduct inspections does not relieve the Contractor of any contractual responsibilities. Neither the State’s failure to make such inspections, nor its failure to discover contract non-conformance, will prejudice the rights of the State thereafter to reject services, nor relieve the Contractor of its obligation to perform work strictly in accordance with the contract.

The Contractor, in its agreement with any subcontractor(s), will ensure that the inspection rights described herein are afforded the State by each subcontractor performing services under this contract.

D. Lab Packing

Packaging requirements for transportation and disposal of hazardous waste will be at the discretion of the Contractor, in accordance with all Federal, State, and local requirements. If the Contractor decides to use vermiculite as a packaging absorbent, asbestos free vermiculite must be used. If the Contractor elects to package compatible items in the same container, a comprehensive list of each item and the quantity of each item placed in the container must be attached to the manifest.

The Contractor will furnish all over-pack materials, such as asbestos free vermiculite and any other packaging absorbent or outer containers in lab packaging at no additional cost to the State.

E. Consolidation

Compatible bulk items from each facility, such as waste paint thinner or latex paints will be consolidated into Contractor-furnished drums at no extra cost to the State.

Consolidation of intact containers containing compatible bulk items, such as paints, will not be considered “lab packing.”

F. Spill Responsibility

The Contractor is solely responsible for any and all spills or leaks during the performance of this contract, which occur as a result of the actions of the Contractor’s employees, subcontractors or agents. The Contractor agrees to clean up such spills or leaks to the satisfaction of the State and in a manner that complies with all applicable Federal, State, and local laws and regulations; clean up and any possible fines and/or penalties levied due to such spills or leaks will be the responsibility of the Contractor, at no additional cost to the State.

Immediately upon discovery, the Contractor will report all such spills or leaks, regardless of their quantity, to the State Contract Manager/Facility Designee. A written follow-up report will be submitted to the State Contract Manager/Facility Designee no later than twenty-four (24) hours after the initial telephone report. The written report will be in narrative form and as a minimum include the following:

• Description of item spilled (including identity, quantity, manifest number, etc.).

• Whether amount spilled is EPA/State reportable, and if so whether it was reported.

• Exact time and location of spill, including a description of the area involved.

• Containment procedures initiated.

• Summary of any communications the Contractor has with press or government officials other than the State Contract Manager/Facility Designee.

• Description of clean-up procedures employed or to be employed at the site;

including disposal location of spill residue.

G. Safety

The Contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, the Contractor’s personnel and equipment will comply with all applicable Federal, State, local and installations laws, safety regulations and procedures, including but not limited to, the Health and Safety Code, Titles 8 and 22, and the California Code of Regulations. The Contractor will ensure that its employees, subcontractors, and agents perform all tasks in a safe manner. The Contractor will ensure that all personnel involved in handling and packaging of the hazardous waste be trained, at a minimum, for the level of expertise required for the proper performance of the task. In particular, personnel must be trained in the areas of chemical incompatibility, general first aid procedures and spills. Handling and personal protective equipment will be provided by the Contractor and must be appropriate, ensuring the safe handling of the hazardous waste.

The Contractor agrees that his personnel and equipment are subject to safety inspection by State personnel while on State property.

H. Permits

The Contractor is required to hold a current Environmental Protection Agency (EPA) Identification Number, a current State of California Hazardous Waste Transporter’s Registration, and a current Motor Carrier Permit. The Contractor will, without additional expense to the State, be responsible for obtaining any necessary licenses and permits for compliance with any applicable Federal, State, and local laws, codes, regulations and ordinances in connection with the performance of the work.

Any treatment or disposal as defined in Chapter 10, Division 4.5, Title 22, California Code of Regulations of all items will be accomplished at a disposal facility permitted to handle these items. It is the Contractor’s responsibility to obtain all necessary documentation to prove that treatment or disposal of all items has occurred.

I. Department of Transportation Requirements

The Contractor will comply with and ensure that all employees, subcontractors 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 will be carried on transport vehicles and maintained at facilities where wastes are received, stored, or handled during transportation.

The Contractor and subcontractor will 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 will 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.

J. Contractor Responsibilities

The Contractor will obtain and prepare all shipping documentation and hazardous waste manifest(s) in accordance with all applicable Federal and State laws and regulations, including but not limited to Title 49, Code of Federal Regulations and Title 22, California Code of Regulations. The Contractor will provide the CDFW Contract

Manager/Facility Designee or an authorized representative with a completed copy of the shipping documentation and hazardous waste manifest(s) for review prior to transport or removal.

As required by Federal and State law, all originals of manifests indicating the final treatment or disposal, including destruction or recycling, signed by a responsible treatment/disposal facility official will be sent within thirty (30) days by the treatment/disposal facility official to the CDFW Contract Manager/Facility Designee or his/her authorized representative. The Contractor will supply on the manifest an emergency response telephone number which is monitored twenty-four (24) hours a day in order to provide immediate, detailed emergency response information to personnel reacting to emergencies. Technical material names will be included in the description of materials reflected on shipping papers and manifests by “Not Otherwise Specified” descriptions appropriate to DOT shipping descriptions, hazard classes, identification numbers, and packing groups.

All items transported by the Contractor will be done in such a manner that all labeling, packaging, containerizing, marking, and loading requirements are met as required by applicable Federal, State, and local laws and regulations. The Contractor is responsible for loading, including furnishing all the equipment necessary for loading.

K. Subcontracting

The Contractor will be responsible for all work performed under the contract. All persons engaged in the work will be considered employees of the Contractor. The Contractor will give his/her personal attention to the fulfillment of the contract and will keep the work under his/her control. When any subcontractor fails to execute a portion of the work in a manner satisfactory to the State, the Contractor will immediately remove such subcontractor upon written request of the State and the subcontractor will not be employed for any other portion of the contract. The State will not entertain requests to arbitrate disputes among subcontractors concerning responsibility for performing any part of the work.

The Contractor will provide to the CDFW Contract Manager/Facility Designee prior to commencement of this contract and thereafter annually a list of subcontractors and their respective valid licenses, permits, etc. The list will identify the name of the subcontractors, service to be performed and the service area. Any and all changes in sub-contractual relationship during the term of this contract must be submitted to the State in writing within ten (10) working days of said change.

L. Health and Safety Program

The Contractor will provide a safe and healthful work environment as required by, California Labor Code, Section 6400 through 6410. The Contractor must maintain a Health and Safety Program, in accordance with Title 8, California Code of Regulations, Section 3202. The program may be reviewed periodically by the State.

M. Contingency Plan and Emergency Procedures

The Contractor must maintain a Contingency Plan and Emergency Procedures for storage of hazardous waste per Title 22, California Code of Regulations, Section

66265.52 and the accumulation of hazardous waste pursuant to California Health and Safety Code, Section 25123.3 and Title 22, California Code of Regulations, Sections

66262.34 and 66262.35. The State reserves the right to request a periodic review of the Contingency Plan and Emergency Procedures.

N. Field Office

The Contractor will maintain a field office, hereinafter referred to as “office”, in the appointed region, adequately staffed and equipped to serve as the headquarters of the Contractor for the term of the contract. For purposes of this contract, a field office may be considered a subcontractor working with the prime Contractor under an agreement to meet the requirements of this contract. Minimum office requirements are as follows:

• Personnel as required to complete the work under this contract

• Sufficient equipment for transportation of personnel, protective equipment, and materials to categorize hazardous materials and enough yard space to store hazardous waste.

• Adequate communications to maintain twenty-four (24)-hour call service; and

• Access to a permitted storage facility for the accumulation of hazardous waste pursuant to California Health and Safety Code, Section 25123.3 and Title 22, California Code of Regulations, Sections 66262.34 and 66262.35.

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 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. Pollution Liability (limits not less than $1,000,000 each occurrence and $2,000,000 aggregate which may include Pesticide/Herbicide Applicator Coverage if applicable, or its equivalent)

D. 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 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 no more frequently than 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: Joseph LaCalle

CDFW Region / Division: OSPR Laboratory Program

Email: joseph.lacalle@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:joseph.lacalle@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. LINE ITEM BUDGET

The Contractor will provide to CDFW hazardous waste removal and disposal 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 To Be Determined ($TBD).

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

Section A: Solvent Waste Description Storage size

Disposal

Container

Size

Disposal

Cost/Gallon of Waste 1

Estimated

Quantity

Gen./Year

Cost/Year

Disposal

Method

Halogenated Solvent (dichloromethane/flammable mix)

1 gallon (gal2) liquid container

1 gal $TBD x 75 = $TBD

1Cost is per disposal container size of waste solvent and includes all labor and supply costs for lab-pack or bulk transfer from 1 gal. bottle to 30 gal. or 55 gal. drum.

2 Acronyms defined below

Waste Description Storage size

Disposal container size

Disposal Cost/Disposal

Container Size

Est. No. of Disposal

Containers Gen./Year

Disposal Cost/Year

Method

Oil contaminated solids In secondary

5 gal pail 5 gal $TBD x 20 = $TBD

Oil contaminated water In secondary

5 gal pail 5 gal $TBD x 10 = $TBD

Mixed flammable waste, liquid (oil, fuels) 1 gal liquid container

1 gal $TBD x 50 = $TBD

Vacuum pump oil

1 gal $TBD x 3 = $TBD

Sodium sulfate/Florisil (Magnesium silicate)/alumina/silica gel

5 gal pail 5 gal $TBD x 4 = $TBD

2 mL to 125mL pesticide and semivolatile organic standards and extracts (ppb to ppm range) in glass containers in dichloromethane /isooctane/methanol/hexane/pentane

In secondary 5 gal pail

5 gal $TBD x 10 = $TBD

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

2 mL to 125mL PCB standards and extracts (ppb to ppm range) in glass containers in dichloromethane/isooctane/methanol/hexane

In secondary 5

5 gal $TBD x 1 = $TBD

Ethanol waste (95%) with bio-solids In secondary 5

5 gal $TBD x 8 = $TBD

Ethanol waste (95%) with bio-solids 5 gal liquid

5 gal $TBD x 3 = $TBD

Formaldehyde solution (< 25%) with solids

Glutaraldehyde with solids

Dilute Iodine Solution, Lugols, (<10%) 5 gal liquid

Mercuric sulfate (10 to 100 ppm range), dilute sulfuric acid solution (pH <2). Antimony potassium tartrate, ammonium molybdate, sulfuric acid solution (pH<2)

5 gal liquid

5 gal $TBD x 3 = $TBD

Estimate lab pak flammable liquid-transporter to supply packaging materials

In secondary 5

Estimate lab pak corrosive powder-transporter to supply packaging materials

In secondary 5

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

Water, Acetonitrile, methanol HPLC waste

1 gal $TBD x 16 = $TBD

Pesticide contaminated soil

Algal toxin contaminated solvent (>50 mg/L;

less than 100 mg total saxitoxin) pH≤7

In secondary 5

5 gal $TBD x 2 = $TBD

Algal toxin contaminated water (less than 100 mg total saxitoxin)

5 gal liquid

5 gal $TBD x 2 = $TBD

Unknown Substance 1 gal container 1 gal $TBD x 5 = $TBD

Unknown Substance 5 gal container 5 gal $TBD x 2 = $TBD

Unknown Substance 15 gal

15 gal $TBD x 1 = $TBD

Unknown Substance 30 gal container 30 gal $TBD x 1 = $TBD

Subtotal for Section A $TBD

Section B: Old Chemicals: For one time pick-up to be scheduled at the same time as one of the regular pick-ups. *Cost shall include all labor and supply costs for lab pack for disposal.

Chemical Name Container size Number written on container

# of bottles Amount of Chemical

Disposal Cost*

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

Acetic Acid 500 mL 1 1 500 mL $TBD

Acetic Acid 1000 mL 2 1 1000 mL $TBD

Acetic Acid, Glacial 2500 mL 3 1 2500 mL $TBD

Phosphoric Acid 2500 mL 4 1 2500 mL $TBD

Hydrochloric Acid 2500 mL 5 1 2500 mL $TBD

O-phosphoric Acid, 85% 2500 mL 6 1 2500 mL $TBD

50% HCL 500 mL 7 1 200 mL $TBD

Oil Orange 2311 20 mL 8 1 0.25 g $TBD o-phthaldehyde with 6% ammonium hydroxide 1000 mL 9 1 1000 mL $TBD toluene 125 mL 10 1 125 mL $TBD

Triethylamine, 100 mM 100 mL 11 1 100 mL $TBD

1 M ammonium hydroxide 250 mL 12 1 250 mL $TBD

1,1-dimethylbiguanide HCl, 97% 5 g 13 1 5 g $TBD

Citrate buffer, pH 2.5 in H2O:ACN (90:10) 250 mL 14 1 250 mL $TBD

Tris(2-chloroethyl) phosphate, 97% 25 g 15 1 25 g $TBD

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

Oxalic acid, 500 mM in H2O 250 mL 16 1 250 mL $TBD

1 M sodium acetate in 100 mL H2O 100 mL 17 1 100 mL $TBD

Triethylamine, 99.5% 100 mL 18 1 100 mL $TBD

Ammonium formate, 1 M in H2O 500 mL 19 1 500 mL $TBD

Tributyltin chloride 100 g 20 1 100 g $TBD

Diethyl dithiocarbamic acid, sodium salt 100 g 21 1 100 g $TBD

Polyvinyl-pyrrolidinone iodine (Betadine) 100 g 22 1 100 g $TBD

2,4-Dinitrophenylhydrazine (2,4-DNP) 25 g 23 1 25 g $TBD

Boron trifluoride-methanol complex 250 mL 24a, b, c 3 250 mL $TBD

Diethylamine 100 mL 25 1 100 mL $TBD

2-Butoxyethanol 500 mL 26 1 500 mL $TBD

Propylene glycol mono-t-butyl ether 250 mL 27 1 250 mL $TBD

Diazald 100 g 28a, b 2 100 g $TBD

Methyl 3-methoxypropionate 250 mL 29 1 250 mL $TBD

Lactic acid ethyl ester 5 g 30 1 5 g $TBD

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

Sodium metasilicate 25 g 31 1 25 g $TBD

Perfluoroheptanoic acid 5 g 32 1 5 g $TBD

L-phenylalanine-d5 1 g 33 1 1 g $TBD

Trifluoroacetic acid 100 g 34 1 100 g $TBD

Trifluoroacetic acid 100 mL 35 1 100 mL $TBD

Nonanal 100 g 36 1 100 g $TBD

Heptafluorobutyric acid (PFBA) 25 mL 37 1 25 mL $TBD

Hydrogen peroxide, 30% 500 mL 39a, b 2 500 mL $TBD

Ethanolamine 25 mL 40a, b 2 25 mL $TBD

Pyridine 100 mL 41 1 100 mL $TBD

2-Heptanone 100 mL 42 1 100 mL $TBD

Nonylphenol 25 mL 43 1 25 mL $TBD

MS-222 250 mL 44 1 250 mL $TBD

2,4-D 50 g 45 1 50 g $TBD p-xylene 1 L 46 1 1 L $TBD

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

BEHP 500 g 47 1 500 g $TBD ε-Caprolactam 250 g 48 1 250 g $TBD

Thiabendazole 100 g 49 1 100 g $TBD

Potassium Bromide 2500 g 50 1 1000 g $TBD

Sodium Phosphate, 98+% A.C.S. Reagent 500 g 51 1 500 g $TBD

Naphthalene(Crystalline/Certified), Fisher Chemical 500 g

52 1 500 g

$TBD

Rhodamine Dye 5 gallon carboy 53 1 4 gallons $TBD

PVP Iodine 1 gallon 54 1 0.25 gallon $TBD

Acetaldehyde 500 mL 55 1 500 mL $TBD

Dibutylamine 100 mL 56 1 100 mL $TBD

Propylene glycol propylether 1000 mL 57 1 1000 mL $TBD

Lead contaminated soil 5 gallon 58 2 5 gallon $TBD

Subtotal for Section B $TBD

Section C: Testing/Analysis of Unknown Substance

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

Item

Container size Cost of Testing/ Analysis

Est.

Qua ntiy/ Year

Est. Testing Cost/ Year

Testing/Analysis of Unknown Substance 1 gal container $TBD x 5 = $TBD

Testing/Analysis of Unknown Substance 5 gal container $TBD x 2 = $TBD

Testing/Analysis of Unknown Substance 15 gal

$TBD x 1 = $TBD

Testing/Analysis of Unknown Substance 30 gal container $TBD x 1 = $TBD

Subtotal for Section C $TBD

Total Agreement Amount not to exceed (A+B+C): $TBD

2Acronym Key: mililiter = mL, parts per billion = ppb, parts per million = ppm, Polychlorinated Biphenyls = PCB, high-performance liquid chromatography = HPLC, milligrams = mg, hydrochloric acid = HCL, megameter = mM, Basic Environmental Health Program = BEHP, Polyvinylpyrrolidone = PVP

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

California Department of Fish and Wildlife Page 4 of 10

(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…