P1599045_-_Contract_Documents.pdf

California Natural Resources Agency EDMUND G. BROWN, JR, Governor

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director

ECOSYSTEM CONSERVATION DIVISION

ENGINEERING BRANCH

1812 NINTH STREET, SUITE 100

SACRAMENTO, CA 95811

(916) 323-1587

FAX 323-1622

Conserving California’s Wildlife Since 1870

INVITATION FOR BID

Notice to Prospective Bidders

You are invited to review and respond to this Invitation for Bid (IFB) P1599045, entitled Well and Pump Maintenance and Repair, Los Banos Wildlife Area (LBWA), Volta Wildlife Area (VWA) and North Grasslands Wildlife Area (NGWA), Merced County, California. In submitting your bid, you must comply with these instructions.

Terms and Conditions

All agreements entered into with the State of California will include the following terms and conditions:

Exhibit C - General Terms and Conditions (GTC 610)

Contractor Certification Clauses (CCC-307)

Standard California Nondiscrimination Construction Contract Specifications (STD 18)

DVBE Participation Requirement is waived for this project.

Bidder’s Bond is waived for this project.

Public Works Requirements

1. No Contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.

2. No Contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations.

3. This project is subject to compliance monitoring and enforcement by the

Department of Industrial Relations.

Prevailing Wages

In addition to the terms and conditions referenced above, the Contractor will comply with all laws, regulations, and policies regarding prevailing wage determinations. These rules include, but are not limited to:

Labor Code §1770: The Department of Industrial Relations (DIR) has ascertained general prevailing rate of per diem wages in the locality in which the work is to be performed.

Labor Code §1774: The Contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract.

Current prevailing wage rate information is available through the Department of Industrial Relations (DIR) website at: http://www.dir.ca.gov/OPRL/statistics_and_databases.html.

http://www.documents.dgs.ca.gov/ols/GTC-610.doc http://www.documents.dgs.ca.gov/ols/CCC-307.doc http://www.documents.dgs.ca.gov/osp/pdf/std018.pdf http://www.dir.ca.gov/OPRL/statistics_and_databases.html

Conserving California’s Wildlife Since 1870

Note: When the wage determination shows an expiration date (noted by a double asterisk**), to expire during the term of the contract, the Contractor must call or write the DIR to obtain the new rates and incorporate them in the bid to be applicable for the term of the contract (Department of General Services General Conditions of the Contract for Construction, Section 3.3.3.3, October 2011).

If you do not have Internet access, a hard copy can be provided by contacting CDFW engineering listed below.

In the opinion of CDFW, this Invitation for Bid is complete and without need of explanation; however, if you have any questions, please contact:

Engineering Branch California Department of Fish and Wildlife 1812 Ninth Street, Ste. 100 Sacramento, CA 95811

(916) 323-1587

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

CAL eprocure: This IFB along with any applicable addenda will be published on line at https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx. On “Search Events, under Department, enter “3600” and click Search. Select the project number (P1599045) in the Events Field.

If you have any questions, please contact me at 916-323-1488, or by e-mail at, Rob.Benson@wildlife.ca.gov.

Sincerely, Original Signed By:

R.G. Benson, Chief Engineer Ecosystem Conservation Division Engineering Branch https://caleprocure.ca.gov/pages/Events-BS3/event-search.aspx mailto:Rob.Benson@wildlife.ca.gov

STATE OF CALIFORNIA

THE NATURAL RESOURCES AGENCY

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

1812 9TH

STREET, SUITE 100

SACRAMENTO, CALIFORNIA 95811

ECOSYSTEM CONSERVATION DIVISION

ENGINEERING BRANCH

CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

INVITATION FOR BID NO. P1599045

WELL AND PUMP MAINTENANCE AND REPAIR

AT

LOS BANOS WILDLIFE AREA (LBWA), VOLTA WILDLIFE AREA (VWA) AND

NORTH GRASSLANDS WILDLIFE AREA (NGWA)

MERCED COUNTY, CALIFORNIA

EDMUND G. BROWN, JR, GOVERNOR

JOHN LAIRD, SECRETARY FOR NATURAL RESOURCES AGENCY

CHARLTON H. BONHAM, DIRECTOR, CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

(REV.1/13)

Rev: 4/18

TABLE OF CONTENTS

Section Page No.

A) Purpose and Description of Services

B) License Requirements

C) Estimated Cost

D) Construction Time

E) Bid Requirements and Information

1) Key Action

2) Contacts, Pre-Bid Conference and Reasonable Accommodations

3) Submission of Bids

4) Evaluation and Selection

5) Award and Notification

6) Disposition of Bids

7) Sample Standard Agreement Execution

8) Agreement Execution and Performance

9) Contract

10) Instructions to Bidders

11) Antitrust Claims

12) Employment of Undocumented Aliens

13) Extension of Terms

F) Preference and Incentive Programs

G) Sample Standard Agreement

1) STD 213 ............................................................................................................ 1 page

2) Exhibit A; Scope of Work ................................................................................... 6 pages

3) Exhibit B; Budget Detail and Payment Provisions ............................................. 2 pages

4) Exhibit C; General Terms and Conditions (GTC-610) ........................................ *

5) Exhibit G; Additional Provisions (Public Works) ................................................17 pages

6) Exhibit P; Maps .................................................................................................. 7 pages

7) Exhibit J; Standard California Nondiscrimination Construction

Contract Specifications (STD 18) ....................................................... **

* http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx for GTC 610

* http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std018.pdf for STD 18 http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std018.pdf

Rev: 4/18

H) Attachments; Required Bid Documents for Bidding Purposes Page No.

1) Attachment 1; Required Attachment Check List……………………….………. 1

2) Attachment 2; Bid/Bidder Certification Sheet …………………………………. 2

Instructions ………………………………………………………. 3

3) Attachment 3; Bid Form (Cost Sheet) ………………………………………….. 4

4) Attachment 4; List of Proposed Subcontractors………………………………. 5

5) Attachment 5; Bidder’s Prevailing Wage Requirement ………………………. 6

6) Attachment 6; Payee Data Record (STD 204) (Signed) …………………….. 7 ^^

7) Attachment 7; Non Collusion Affidavit (Signed & Notarized)………………. 8

8) Attachment 8; Darfur Contracting Act (Signed) .……………………………… 9-10

9) Attachment 9; California Public Contract Code Section 10162 (Signed) ….. 11

10) Attachment 10; Contractor Certification Clauses (CCC-307) (Signed) ……… 12-15

11) Attachment 11; Surface Mining & Reclamation Act Certification Form (Signed) ………………………………………………………….. 16

12) Attachment 12; Small Business Preference & Certification Request ………… 17

^^ Download Attachment from Internet. See Specified Page for location of Internet Site

1/2/13

A. Purpose and Description of Services

Contractor shall provide an on-call, as-needed, or emergency basis all labor, materials, tools, equipment, and incidentals necessary to repair pumps, wells, lift stations, mechanical, plumbing, and electrical systems of facility buildings and CDFW owned residences at Los Banos Wildlife Area (LBWA), Volta Wildlife Area (VWA) and North Grasslands Wildlife Area (NGWA), Merced County, California.

Agreement shall also include yearly inspection of wells and pumps.

All repair and inspection work will insure that the facilities continue to function properly.

B. License Requirements: C10 or D-21

C. Contract Amount: $ 100,000.00

D. Time of Completion: Upon Written Notice to Commence To and Including Twenty Four

(24) Months

E. Bid Requirements and Information

1. Key Action Dates

Event Date

IFB available to prospective bidders

Pre-bid Walkthrough

Bid Opening

Notice of Intent to Award

Proposed Award Date [See E) 9) f), Page 7]

Proposed Start of Construction Date

April 19, 2016

None Scheduled

May 19, 2016 @ 2:00 PM

May 23, 2016

August 1, 2016

August 8, 2016

2. Contacts, Pre-Bid Conference & Reasonable Accommodation

a. For general questions pertaining to the bidding requirements, please contact

Engineering at 916-323-1587. For Engineering questions contact Robert Benson at 916-323-1488.

b. A pre-bid walkthrough is not scheduled for this project. Contact Los Banos Wildlife Area to schedule a site visit at 209-826-0463.

c. For contractors who need assistance due to a physical impairment, a reasonable accommodation will be provided by the awarding agency upon request for the pre-bid conference/walkthrough. The contractor must call Engineering at 916-323-1587 no later than the fifth (5th) working day prior to the scheduled date and time of the pre-bid conference to arrange for a reasonable accommodation.

3. Submission of Bids

a. All bids must be submitted under sealed cover and sent to California Department of Fish and Wildlife (CDFW) by dates and times shown in Section E, Bid Requirements and Information, Item 1) Key Action Dates, (page 3). The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

(IFB Number) (IFB Name)

(Agency Name and Address)

DO NOT OPEN

Bids not submitted under sealed cover may be rejected.

All bids shall include the documents identified in Section H; Required Bid Documents for Bidding Purposes. Bids not including the proper “required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

b. All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm.

c. Mail, or hand deliver, or overnight express all bids to the following address:

Ecosystem Conservation Division Engineering Branch

1812 9th Street, Ste. 100 Sacramento, CA 95811

d. Bids must be submitted for the performance of all the services described herein. Any deviation from the work special provisions will not be considered and will cause a bid to be rejected.

e. A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement.

f. Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the State of California.

g. An individual who is authorized to bind the bidder contractually shall sign the Bid/Bidder

Certification Sheet, page 2. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

h. A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

i. A bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

j. The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

k. The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

l. Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.

m. Bidder shall carefully examine and thoroughly acquaint himself/herself with the conditions at the site of the work, the plans, and the provisions contained in the project special provisions. He/she shall investigate conditions character, quality and quantity of surface, and sub-surface materials of obstacles to be encountered. Failure by the bidder to acquaint himself/herself with site conditions and available information will not relieve him/her from the responsibility for estimating properly the difficulty or cost of successfully performing the work. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and special provisions.

The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

n. The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

o. No oral understanding or agreement shall be binding on either party.

4. Evaluation and Selection

a. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

b. The State will evaluate each bid to determine its responsiveness to the published requirements.

c. Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected.

d. Award if made, will be to the lowest responsive responsible bidder.

5. Award and Notification

a. Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

6. Disposition of Bids

a. Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

b. Bid packages may be returned only at the bidder's expense, unless such expense is waived by the awarding agency.

7. Sample Standard Agreement Execution

a. This IFB includes, as a separate document, a Sample Standard Agreement (Sample Standard Agreement STD 213) for review. The Sample Standard Agreement contains language that CDFW expects to utilize for this contract.

8. Agreement Execution and Performance

a. Performance shall start not later than the express date set by the CDFW Project

Engineer and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor.

b. All performance under the agreement shall be completed on or before the termination date of the agreement.

9. Contract

a. Bids shall remain valid for 120 calendar days after the bid opening date: The State will endeavor to execute a contract within 120 calendar days from the bid opening date.

The contract is not executed until the appropriate State agency has approved the contract. Bidders shall hold their bids for 120 calendar days after the bid opening date.

Upon expiration of 120 calendar days from the bid opening date, bidders may withdraw their bids. If bidder, after expiration of 120 calendar days from the bid opening date fails to withdraw its bid and a contract is subsequently approved by the appropriate State agency and executed, bidder shall have no claim for any reason to amend its bid.

b. If contract is awarded, the successful responsible low bidder will be required to execute and deliver to the State the required documents.

c. The apparent low bidder shall execute the required number of copies of the contract documents, (Payment and Performance Bonds, General and Automobile Liability Insurance, Workers Compensation and Employers’ Liability Insurance, and STD 213) and return them within twenty (20) working days after he/she has received notice that he/she is the apparent successful low bidder. Signature of the apparent successful low bidder on the contract documents will complete identification of these documents.

d. Failure to provide the required executed contract documents within the twenty (20) working days may be deemed refusal of an award which may be cause for forfeiture of bidder’s security.

e. The State may award to the next lowest responsible bidder and avail itself of all legal remedies provided by statue.

f. Proposed Award Date identified in E) 1) Key Dates is based on accurate contract documents being returned within the set time as described in c) above. Documents not having the correct language or delays in receiving documents from the Contractor will delay the Proposed Award and Start of Construction Dates.

g. The contract shall be binding upon the State only after approval by the State. Should work begin in advance of receiving notice that the Contract is approved, that work shall be considered as having been done by a volunteer and Contractor shall go unpaid.

10. Instructions to Bidders

a. BIDS AND BIDDERS

1. The California Department of Fish and Wildlife (CDFW), reserves the right to reject any or all bids and waive any informality in any bid.

2. To receive consideration, bids shall be made in accordance with the following instructions:

Before submitting bids, all bidders must be licensed in the appropriate classification in accordance with provisions in Division 3, Chapter 9, of the “California Business and Professions Code” as amended.

No bidder may bid on work of a kind for which he/she is not properly licensed by the Contractors State License Board, and any such bid received will be rejected.

Joint venture bidders must posses a joint venture license.

State shall not award a contract to a bidder, nor shall a bidder be eligible to bid for or receive a contract, who has, in the preceding five years, has been convicted of violating a state or federal law respecting the employment of undocumented aliens.

Bids MUST be made on the forms supplied by the California Department of Fish and Wildlife, and shall be properly executed in ink with all items filled out;

numbers stated in figures; the completed forms shall be without interlineations, alterations, erasures, or alternatives. Alternate Bid Forms will not be considered and will be cause for rejection of such bids.

To be accepted, bids must have an original signature in ink by the bidder or an officer of the bidder who has authority to sign contracts binding upon the bidder.

Unsigned bids will be considered non-responsive and will be rejected. Signature stamps are NOT acceptable.

The bidder is cautioned to check all figures and further understands that the State will not be responsible for any errors or omissions on the part of the bidder in making up said bid.

Bidder shall set forth in his/hers bid:

(1) Name and address of each subcontractor who will perform work or labor or render service to Contractor in excess of ½ of 1 percent of the total bid in accordance with the “Subletting and Subcontracting Fair Practices Act,” commencing with Section 4100 of the Public Contract Code.

(2) Portion of the work which will be done by each subcontractor.

FAILURE OF BIDDER TO SPECIFY A SUBCONTRACTOR for any portion of the work to be performed under the contract constitutes an agreement by the bidder to perform that portion of the work himself/herself.

Vendors or suppliers of materials need not be listed.

Pursuant to Section 1770 of the Labor Code, the Department of Industrial Relations has ascertained the general prevailing wage rates to be as listed in the “Prevailing Wage Data Base”, located at www.dir.ca.gov, or is available for inspection by interested parties at the address shown above.

http://www.dir.ca.gov/

b. Bidder’s Security

1. Bids of $5,000 and over shall have enclosed a Cashiers Check, Certified Check, or a Bidder's Bond executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to the California Department of Fish and Wildlife, in an amount equal to at least 10% of the amount bid.

NO BID WILL BE CONSIDERED UNLESS ONE OF THESE FORMS OF BIDDER'S

SECURITY IS ENCLOSED WITH THE BID.

2. If bidder's security is a bidder's bond, it MUST be executed on the Bidder’s Bond form included in the bid documents. Personal checks are not acceptable.

3. Within 15 working days after the contract award, the California Department of Fish and Wildlife will return all bidder’s security, other than bidder’s bond, accompanying proposals that are not to be further considered in making the award. Retained bidder’s security will be held until the contract has been fully executed, after which all bidder’s security, except bidder’s bonds, will be returned.

c. Interpretation of Drawings and Documents

1. Should a bidder find discrepancies in, or omission from, the drawings or special provisions, or should he/she be in doubt as to their meaning, he/she shall at once notify the Engineer not later than seven (7) calendar days prior to bid opening date, and should it be found necessary, a written Addendum will be sent to all bidders. The Department will not be responsible for any oral instructions.

2. INTERPRETATIONS AND ADDENDA: No oral interpretations shall be made to any bidder as to the meaning of any of the contract, or be effective to modify any part of the provisions of contract. Every request for any interpretation shall be made in writing and addressed and forwarded to the California Department of Fish and Wildlife, Engineering Section, 1812 9th Street, Suite 100, Sacramento, California 95811.

d. Addendum

1. Any addendum issued during time of bidding and before the time of bid opening, or forming a part of documents loaned to bidders for the preparation of the bid shall be covered in the bid and shall be a part of the contract. All bidders are responsible to inquire as to addenda issued.

11. Antitrust claims

“The contractor offers and agrees and will require all of his other subcontractors and suppliers to agree to assign to the awarding body all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC § 15) or under the Cartwright Act (Chapter 2 [commencing with § 16700] of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the awarding body tenders final payment to the contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments.”

“If an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Government Code sections 4550 – 4554, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, on demand, recover from the public body any portion of the recovery, including treble damages, and attributable overcharges that were paid by the assignor but were not paid by the public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. On demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under Government Code sections 4550 – 4554 if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.”

12. Employment of Undocumented Aliens

“No state agency or department, as defined in Public Contract Code § 10357, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works contract, who has, in the preceding five (5) years, been convicted of violating a state or federal law regarding the employment of undocumented aliens. See Public Contract Code § 6101.”

13. Extension of Terms

This Agreement may be amended to extend the term if it is determined to be in the best interest of the State. Upon signing the amendment, Provider hereby agrees to provide services for the extended period at the rates specified in the original Agreement.

F) Preference and Incentive Programs

a) Small Business Preference

Section 14835 et seq. Of the California Government Code requires that a five (5) percent preference be given to bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business for the delivery of services, are contained in Title 2, California Code of Regulations, Section 1896, et seq.

A copy of the regulations is available upon request. To claim the small business preference, which may not exceed $50,000 for any bid, your firm must have its principal place of business located in California, have a complete application (including proof of annual receipts) on file with the State Office of Small Business and DVBE Certification Resources (OSDC) by 5:00 p.m. on the date bids are opened, and must be subsequently verified and approved by OSDC. Questions regarding the preference approval should be directed to that office at (916) 375-4940 or (800) 559-5529.

Bidders requesting the SMALL BUSINESS PREFERENCE shall complete the Small Business Preference and Certification Request form (Attachment 7) and shall submit with their bid, a copy of the small business certification approval letter issued by the Office of Small Business Certification and Resources. See www.pd.dgs.ca.gov

b) Non-Small Business Preference

Section 14838(b)(1)(2) of the California Government Code now provides a five (5%) percent preference for a non-small business. A five percent (5%) bid preference is available to a non-small business claiming twenty-five percent (25%) California certified small business subcontractor participation. If claiming the non-small business subcontractor preference, the bid response must include a list of the small business(es) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4). A Non-Small Business cannot displace a Certified Small Business.

Indicate in your proposal whether or not you are claiming the non-small business preference. The required list of California certified small business subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, 5) and the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor.

Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents for subcontracts must be submitted to the office of Small Business and DVBE Certification (OSDC) no later than 5:00 p.m. on the bid due date, and the OSDC must be able to approve the application as submitted.

Questions regarding certification should be directed to the OSDC at (916) 375- 4940.

http://www.pd.dgs.ca.gov/

STANDARD AGREEMENT

STD 213 (Rev 06/03) AGREEMENT NUMBER

P15990xx

REGISTRATION NUMBER

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

STATE AGENCY'S NAME

California Department of Fish and Wildlife

CONTRACTOR'S NAME

Contractor Name

2. The term of this through

Agreement is: Upon Written Notice to Commence To and Including XXX (xx) Working Days

3. The maximum amount of this Agreement is:

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.

Exhibit A – Scope of Work X pages

Exhibit B – Budget Detail and Payment Provisions 2 pages

* Exhibit C – General Terms and Conditions GTC 610

Exhibit E – Federal Provisions (If Required) 3 pages

Exhibit G – Additional Provisions (Public Works) 17 pages

* STD 18 – Standard California Nondiscrimination Construction Contract Specifications STD 18

Addendum(s) (If Required) X sheet(s)

Item shown with an Asterisk (*) is hereby incorporated by reference and made part of this agreement as if attached hereto.

Documents can be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx, for GTC 610 and http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std018.pdf for STD 18.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

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

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

AGENCY NAME

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:

Karen Edgren – Chief, Business Management Branch

ADDRESS

P.O. Box 944209, Sacramento, CA 94244-2090 http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx

WELL AND PUMP MAINTENANCE & REPAIR P1599045

Contractor

EXHIBIT A – SCOPE OF WORK

A1 of A6

1. Contractor shall provide an on-call, as-needed, or emergency basis all labor, materials, tools, equipment, and incidentals necessary to repair pumps, wells, lift stations, mechanical, plumbing, and electrical systems of facility buildings and CDFW owned residences.

Agreement shall include yearly inspection of wells and pumps.

2. The services shall be performed at Los Banos Wildlife Area (LBWA), Volta Wildlife Area

(VWA) and North Grasslands Wildlife Area (NGWA).

3. Time of Completion: TWENTY FOUR (24) MONTHS following notice from the State to the Contractor to commence.

All Deep Well Pumps shall receive an annual maintenance service commencing April 1st and to be completed no later than April 31st.

All Lift Pumps shall receive an annual maintenance service commencing May1st and be completed no later than May 31st.

4. Hourly rates stipulated on the bid form shall be limited to actual on-site time. Travel time will not be allowed.

5. License Required: C10 or D21

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

CDFW Contract Manager CDFW Facility Manager Contractor Project Director

Robert Benson William Cook (9160 323-1488 (209) 769-1539 (To Be Determined)

(916) 323-1622 (209) 826 -1761

7. Codes & Regulations

All work is to be performed in accordance with the Standard Specifications as stated below, except as provided in the General Conditions and the following:

a. 2013 California Administrative Code (CAC), (Part 1, Title 24, CCR)

b. 2013 California Building Code (CBC), Volumes 1, and 2, (Part 2, Title 24, CCR)

(2009 International Building Code with 2013 California Amendments)

c. 2013 California Electrical Code, (Part 3, Title 24, CCR) (2008 NEC w/ 2013 California Amendments)

d. 2013 California Mechanical Code (CMC), (Part 4, Title 24, CCR) (2009 IAPMO Uniform Mechanical Code with 2013 California Amendments)

e. 2013 California Plumbing Code (CPC), (Part 5, Title 24, CCR) (2009 IAPMO Uniform Plumbing Code with 2013 California Amendments)

A2 of A6

f. 2013 California Fire Code (CFC), (Part 9, Title 24, CCR) (2009 of International Fire Code with 2013 California Amendments)

g. 2010 California Ref. Standards Code, (Part 12, Title 24, CCR); NFPA 13 – 2013 &

NFPA 72 – 2013

h. Reference Code Sections for Applicable Standards; 2013 CBC, Chapter 35 & 2013 CFC, Chapter 45

i. DOT Standard Specifications and/or Plans; State of California, DOT, 2010

j. Underwriters Laboratories, Inc. (UL) Standards

8. Quality Control

The Contractor shall be responsible for the completeness of his/hers work. He/she shall be responsible for the progress of his/her work until final completion and acceptance of same by the State, and shall make such checks on the work as may be necessary to assure conformance with these specifications.

9. Clean Up and Disposal of Refuse

Upon completion of each repair under this contract, the Contractor shall remove all remaining excess materials, waste, rubbish, debris, temporary facilities and other equipment from the site. Final approval of the work done will not be given until the final cleanup shall have met with the approval of the Engineer.

10. Restoration of Improvements

Any damage to existing facilities, structures or improvements caused by the Contractor, his/her equipment or workmen, during the term of this contract, shall be repaired and the damaged item(s) restored to as good a condition as existed at the time work commenced at the Contractor’s own expense.

11. Inability to Provide Services

If the Contractor shall be temporarily unable to provide services as required, the CDFW, during the period of Contractor’s inability to provide services, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any costs

12. Accidents/Damages

Damage caused to the equipment covered herein due to fire, abuse, act of God, accident, unauthorized alterations, disasters, the elements, failure of electrical power, misuse, use of unauthorized agents, vandalism or negligence by the State or its officers, agents, or employees are not covered by this agreement except on a time and material basis. Such repairs will be performed by the Contractor at the Contractor’s current, published rates at the time service is required, but only after the Contractor has made an estimate of all costs involved and written documentation has been provided to the Institution Contract Liaison or designee.

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13. Exclusions

Excluded are painting or refinishing of equipment, and the furnishing of supplies, accessories, or devices of any nature, except such items or equipment as may be necessary for the repair of the equipment. This agreement does not include service, repair or replacement of parts required as a result of accident, neglect, abuse, misuse, alteration of equipment, or other improper operation, including but not limited to operation of equipment outside of its specified environmental conditions.

14. Guarantee

The Contractor will guarantee all services performed by Contractor service technicians, including any replaced parts, for a minimum of 90 days from the date of service performance. If it is determined that failure has occurred due to defective parts or workmanship, Contractor shall correct the failure at no additional expense to the State.

Correction shall occur during normal State business hours.

15. Parts Replacement

This agreement will include replacement of any part that becomes worn or inoperable, or that otherwise affects the equipment’s operability in any way. A published price list for parts shall be submitted with the contractor’s invoice to the State.

Contractor must notify the Facility Manager or designee prior to ordering and/or installing the part. A written estimate of the required part(s) must be submitted to the Facility Manager or designee and approved before replacement. All replacement parts will be invoiced at the listed rates.

Repairs

1. Description of Work

Contractor to provide on-call, as-needed, or emergency basis repairs on any of the CDFW owned facilities as follows:

LBWA – 3 agricultural deep wells, 1 domestic well, 18 agricultural lift pumps, 7 residences, 4 shops/miscellaneous buildings and a hunter check station/office.

NGWA – 15 agricultural lift pumps, 7 agricultural deep wells, 1 domestic well, 1 residence, and one hunter check station.

VWA – 5 agricultural lift pumps and one check station building.

Repairs may consist of electrical, mechanical, plumbing or other trades. All work shall meet the applicable codes referenced herein and shall be completed by the Contractor provided they have the appropriate license. Repairs outside the scope of the

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Contractor’s license shall be by Sub-contractors with the appropriate Contractor’s licenses.

2. Work Schedule

Contractor shall respond to emergency and/or miscellaneous repair service within eight (8) hours of request unless other arrangements have been made with the Facility Manager or their representative. Contractor shall provide unlimited visits for any repair services requested or necessary to keep the equipment fully operational.

3. Emergency and/or Miscellaneous Repairs less than $300.00

The Contractor is authorized to commence work with a verbal approval from the CDFW Facility Manager.

4. Miscellaneous Repairs MORE THAN $300.00 will require, a cost estimate and written approval prior to commencement of work from the CDFW Facility Manager.

5. Emergency and/or Miscellaneous Repairs more than $5,000.00

The Contractor will be required to provide a complete list of material suppliers, sub-contractors and any other vendors, and be supplied with the written estimate and a written approval from the CDFW Contract Manager. Additionally with the invoice, unconditional lien releases from all listed suppliers, sub-contractors, and vendors shall be supplied before the invoice can be approved for payment. If the invoice is received without the supporting unconditional lien releases, it will be disputed. Parts replaced by the Contractor under this agreement shall be new, factory manufactured, or of equivalent quality. Any parts that have been replaced become the property of CDFW.

6. Emergency and/or Miscellaneous Repair Service

Provide repair service as requested by Facility Manager. All services to be provided at hourly rates as indicated in Exhibit B – Budget Detail.

All services to be provided at hourly rates as indicated on bid form.

Contractor shall respond to emergency and/or miscellaneous repair service within eight (8) hours of request to assess the situation, unless other arrangements have been made with the Facility Manager or their representative.

Provide repairs on overtime basis only when absolutely necessary at rate indicated in Exhibit B – Budget Detail.

Hourly rates stipulated on bid form shall be limited to actual time on site. Contractor cannot bill the CDFW for travel time.

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Contractor shall provide unlimited visits for any repair services requested or necessary to keep the equipment fully operational.

Contractor shall make every attempt to complete repairs the same working day. Unless the repair requires part(s) that must be ordered, no repair may take longer than two (2) working days to complete. When a delay in repair will occur due to part(s) that must be ordered, written notification must be provided to the Contract Manager or designee immediately.

Contractor shall provide a legible, detailed proposal to repair the equipment. This will include the parts required, cost per item, substantiation of MSRP, the estimated number of hours required to complete the repairs, and applicable sales tax. This will include which equipment is being repaired (unit number with serial number). The proposal will be given to the Facility Manager for review. All repairs will require prior approval by the Facility Manager.

The expense of repair necessitated by fire, water, or accident shall not be the obligation of Contractor.

Repair or modifications to state equipment due to building code changes or requirements shall not be the responsibility of Contractor.

Repairs necessitated by faulty equipment, provided and installed by Contractor, improper maintenance procedures, and/or Contractor’s negligence or error shall be the responsibility of Contractor.

Maintenance

1. Description of Work

Provide maintenance one time per year at the time indicated in the Work Schedule below and Item 3, Time of Completion for the following CDFW owned facilities:

LBWA – 3 agricultural deep wells, 1 domestic well, and 18 agricultural lift pumps

NGWA – 7 agricultural deep wells, 1 domestic well, and 15 agricultural lift pumps

VWA- 5 agricultural lift pumps

A detailed description of the annual maintenance for deep wells, domestic wells, and agricultural lift pumps is as follows:

a. Control Panels – clean inside and outside. Check wire connections and tighten if needed.

b. Clocks/timers, if applicable – clean inside and outside. Check for proper operation and replace parts if needed.

c. Coils – clean. Check for proper operation and replace parts if needed.

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d. Low Water Probes – clean. Check for proper operation and repair/replace if needed.

e. Make-up Box Cover (Inside)

f. Contacts – check for wear. Replace if needed.

g. Motor Lube Bearing Oil – drain and refill.

h. Electric Solenoid Valve for Oiler – check for proper operation. Repair/replace if needed.

i. Lower Bearing Drip Oil – drain and refill.

j. Armature – clean off rust and/or dirt.

k. Electrical Connections – check for tightness and heat damage. Repair/replace parts if needed.

l. Bearings (if applicable) – grease.

m. Bug Screens on all motors and panels – clean and replace if needed.

n. Verify that manual and automatic operating modes are functioning properly.

2. Work Schedule

The maintenance work is to be performed during normal working hours (Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding state holidays). Contractor shall check-in and check-out with the Facility contact person or designee upon each scheduled maintenance date to provide verification that maintenance has been provided. Contractor will be required to call the Area office and make an appointment to perform the maintenance at least three

(3) days in advance.

All Deep Well Pumps shall receive an annual maintenance service commencing April 1st and to be completed no later than April 31st.

All Lift Pumps shall receive an annual maintenance service commencing May 1st and be completed no later than May 31st.

3. Record Keeping

A logbook will be kept at the Area office building for all equipment maintained under this contract. The log shall contain a record of all inspections and maintenance performed. This will include date of entry, individual making entry, make, brand, model number, name plate data, manufacturer’s maintenance literature, and parts breakdown.

WELL AND PUMP MAINTENANCE AND REPAIR P1599045

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

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1. Invoicing and Payment

A. For services satisfactorily rendered and approved by the CDFW Contract Manager, and upon receipt and approval of the invoices, CDFW agrees to compensate the Contractor in accordance with the Bid Proposal, Attachment 13. Incomplete or disputed invoices shall be returned to the Contractor, unpaid, for correction.

B. Invoices shall be itemized in accordance with Bid Proposal, Attachment 13, and shall be signed and submitted in triplicate not more frequently than monthly, in arrears of the service.

C. Each invoice shall include:

1) Agreement Number

2) Dates of Service

3) Location of Service

4) Service Month

5) Number of Hours

6) Hourly Rates

7) Original signed receipts for parts

D. Each invoice shall be submitted in triplicate to:

Attention: Contract Manager’s Name 1812 Ninth Street, Suite 100 Sacramento, CA 95811

E. The Contractor shall submit a certified copy of all payroll records for verification by the CDFW Contract Manager and/or designee with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by the Contractor.

2. Budget Contingency Clause

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any

WELL AND PUMP MAINTENANCE AND REPAIR P1599045

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

B2 of B2 other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.

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

C. 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.

D. 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.

3. Prompt Payment Clause

Payment will be made within 45 calendar days of receipt of an undisputed invoice by California Department of Fish and Wildlife Contract Manager as stated in Government Code, Chapter 4.5, commencing with Section 927.

4. Line Item Estimated Budget

Billable Regular Time Labor Rate (Normal Business Hours) Per Hour $

Billable Overtime Labor Rate (Outside Normal Business Hours)

Per Hour $

Percent Mark-Up on Vendor Supplied Invoice Materials

(not to exceed 25%) %

Yearly Maintenance – Deep Well Pumps

Yearly

Yearly Maintenance – Lift Pumps Yearly

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Standard Maintenance 9/15

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (CDFW) EXHIBIT G

ADDITIONAL PROVISIONS (PUBLIC WORKS)

1. EXCISE TAX ~ The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees’ wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.

2. AVAILABILITY OF FUNDS ~ Work to be performed under this agreement is subject to availability of funds through the State’s normal budget process.

3. LICENSES AND PERMITS ~ The Contractor shall be an individual or firm licensed to do business in California and shall 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 the 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 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 in effect, at all times, all required licenses and permits, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

4. 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 shall 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, nonexclusive and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so.

5. 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, shall 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. Should the Contractor disagree with the CDFW Contract Manager’s decision, the Contractor may appeal to the second level.