P2410016_Complete_Sample_Agreement.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2410016 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2410016

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

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTOR NAME

TBD

2. The term of this Agreement is:

START DATE

Upon CDFW approval

THROUGH END DATE

June 30, 2027

3. The maximum amount of this Agreement is:

Forty-Two Thousand Dollars and No Cents ($42,000.00)

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 10

Exhibit B Budget Detail and Payment Provisions 6

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

Exhibit E Federal Prrovisions 4

Exhibit G Additional Provisions (Public Works) 19

Std 18 Standard California Nondiscrimination Construction Contract Specifications 2

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

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

INWITNESSWHEREOF, THIS AGREEMENTHASBEEN EXECUTEDBY THE PARTIES HERETO.

CONTRACTOR

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

TBD

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP

PRINTED NAME OF PERSON SIGNING TITLE

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNEDSAM

PLE

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2410016 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2410016

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTING AGENCY ADDRESS

1010 Riverside Parkway

CITY

West Sacramento

STATE

CA

ZIP

95605

PRINTED NAME OF PERSON SIGNING

Yujie Jin

TITLE

Branch Chief, Land and Facilities Engineering Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)

SCM Vol. 1, Sec. 4.04(A)(2)

SAM

PLE

TRINITY RIVER HATCHERY REFRIGERATION AND HVAC MAINTENANCE P2410016

AND REPAIR

CONTRACTOR

EXHIBIT A – SCOPE OF WORK

A1 of A10 1/15/2025

1. Description:

The Contractor will provide to the California Department of Fish and Wildlife (CDFW): labor, materials, tools, equipment, and incidentals necessary for yearly inspection, maintenance, and servicing of furnaces, HVAC (mini split) units, walk-in cool room refrigerator units and an ice machine in accordance with the specifications, terms, and conditions contained herein. All inspection and maintenance work will ensure that the equipment continues to function properly and safely.

2. Location of Services:

The services will be performed at Trinity River Hatchery, 1000 Hatchery Road, Lewiston, California 96052.

3. Contract Term:

Upon CDFW approval (<$50,000) OR DGS approval (>$50,000) through June 30, 2027.

4. License Required:

A – General Engineering Contractor License OR B – General Building Contractor License

5. Hourly rates for unforeseeable repair services stipulated on the Exhibit B will be limited to actual on-site time. Travel time will not be reimbursed.

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

CDFW Contract Coordinator Contractor Project Director Name: Kathryn Kimball Name: XXX Contractor Phone: (530) 319-1275 Phone: (XXX) XXX-XXXX Email: Kathryn.Kimball@wildlife.ca.gov Email: XXXXXXXXXX

CDFW Contract Manager Name: Amy Knabe Phone: 530-778-3931 Email: Amy.Knabe@wildlife.ca.gov

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:

mailto:Kathryn.Kimball@wildlife.ca.gov mailto:Amy.Knabe@wildlife.ca.gov

A2 of A10

State and Federal Codes:

1. 2022 California Administrative Code (CAR), [California Code of Regulations (CCR), Title 24, Part 1]

2. 2022 California Building Code (CBC), Volumes 1, and 2, (CCR, Title 24, Part 2) (Based on 2021 International Building Code)

3. 2022 California Residential Code (CRC), (CCR, Title 24, Part 2.5), (Based on 2021 International Residential Code)

4. 2022 California Electrical Code (CEC), (CCR, Title 24, Part 3) (2021 NEC)

5. 2022 California Mechanical Code (CMC), (CCR, Title 24, Part 4) (Based on 2021

Uniform Mechanical Code with 2021 California Amendments)

6. 2022 California Plumbing Code (CPC), (CCR, Title 24, Part 5) (Based on 2021

Uniform Plumbing Code)

7. 2022 California Energy Code, (CCR, Title 24, Part 6)

8. 2022 California Historical Building Code, (CCR, Title 24, Part 8)

9. 2022 California Fire Code (CFC), (CCR, Title 24, Part 9) (Based on 2021

International Fire Code)

10. 2022 California Existing Building Code, (CCR, Title 24, Part 10), (Based on the 2021

International Existing Building Code)

11. 2022 California Green Building Standards Code, (CCR, Title 24, Part 11).

12. 2022 California Referenced Standards Code, (CCR, Title 24, Part 12);

NFPA 13 - Automatic Sprinkler Systems w/ CA Amendments 2022 Edition NFPA 14 - Standpipe Systems w/ CA Amendments 2019 Edition NFPA17a - Wet Chemical Systems 2021 Edition NFPA 20 - Stationary Pumps 2019 Edition NFPA 24 - Private Fire Mains w/ CA Amendments 2019 Edition NFPA 72 – National Fire Alarm Code w/ CA Amendments 2022 Edition NFPA 2001 – Clean Agent Fire Extinguishing Systems 2018 Edition w/ CA Amendments Reference code section for NFPA standards are in 2022 CBC Chapter 35 or 2022 CFC Chapter 80. See Chapter 35 for State California amendments to NFPA standards.

13. Reference Code Sections for Applicable Standards;

2022 CBC, Chapter 35 2022 CFC, Chapter 80

14. Title 8 California Code of Regulations (CCR), CAL/OSHA Regulations-Safety Orders issued by Division of Industrial Safety of the State of California

15. Title 19 CCR., Public Safety, State Fire Marshall (SFM) Regulations, List of Federal

Codes & Standards (if applicable)

16. American with Disabilities Act (ADA), Title II or Title III

17. 2022 California Access Compliance Advisory Reference Manual (As prepared by the

Division of the State Architect Office, published on January 1, 2021, effective July 1, 2021)

18. Department of Transportation (DOT) Standard Specifications and/or Plans; State of California, DOT, 2022

A3 of A10

19. Underwriters Laboratories, Inc. (UL Standards)

Additional Codes:

1. American Concrete Institute (ACI), Latest Edition

2. American Society for Testing and Materials (ASTM), Latest Edition

3. Steel Construction Manual, American Institute of Steel Construction, (AISC), 15th

Edition

4. American Welding Society, AWS

5. Sheet Metal and Air Conditioning Contractors National Association (SMACNA)

8. Insurance Requirements:

The Contractor will be required to supply proof of and maintain liability coverage as outlined in Exhibit G, Insurance, Item 12B – Insurance Requirements of this agreement. These policy types include:

• Commercial General Liability

• Automobile Liability

• Worker’s Compensation and Employer’s Liability

❖ 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”.

9. Bond Requirements:

Contractor will be required to supply bonds as outlined in Exhibit G, Item 13 – Contract Bonds which is attached hereto and will be part of the resulting agreement. The bond(s) required for this Agreement include:

• Payment Bond required if contract cost is $25,000 or more

• Performance Bond required if contract cost is $10,000 or more

10. Quality Control:

The Contractor will be responsible for the completeness of the contract work. The Contractor will be responsible for the progress of the contract work until final completion and acceptance of same by the State and will make such checks on the work as may be necessary to assure conformance with these specifications.

11. Work Schedule:

Inspection/Maintenance Services will be provided during normal working hours (Monday through Friday from 8:00 a.m. to 3:30 p.m., excluding state holidays).

A4 of A10

The Contractor will be required to call the CDFW Facility Manager and make an appointment to perform the maintenance at least three (3) days in advance. The Contractor will check in with CDFW Facility Manager or CDFW designee upon arrival and check out when the work is completed.

12. Clean Up and Disposal of Refuse:

Upon completion of each maintenance/service activity under this contract, the Contractor must remove all remaining excess materials, waste, rubbish, debris, temporary facilities, and other equipment from the site. Final approval of the work done under these specifications will not be given until the final cleanup meets approval of the CDFW Facility Manager or CDFW designee.

13. Restoration of Improvements:

Any damage to existing facilities, structures or improvements caused by the Contractor, the Contractor’s equipment, or the Contractor’s staff during the term of this contract, will be repaired and restored to as good a condition as existed at the time work commenced at the Contractor’s own expense.

14. Inability to Provide Services:

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

15. 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.

16. 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 maintenance 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

A5 of A10 equipment, or other improper operation, including but not limited to operation of equipment outside of its specified environmental conditions.

17. Guarantee:

See Exhibit G, (Additional Provisions, Public Works) Item 54, Guarantee.

18. GenAI Technology Use & Reporting:

During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.

Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.

The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.

19. Repair Services:

A. Contractor will provide any necessary repair services upon request from the CDFW Contract Manager or CDFW Designated Representative.

B. Contractor will provide repair services required to keep the equipment fully operational in accordance with manufacturer’s standards. Repair services will include labor, materials, tools, equipment, taxes and incidentals necessary for repairs to furnaces, HVAC (mini-split) units, a Walk-in Cool Room Refrigerator unit and an Ice Machine for facility buildings, infrastructure and CDFW owned residences.

C. Foreseeable Repairs will be paid by CDFW at the Contractor’s Repair Service-Hourly

Rates, specified in Exhibit B, Line Item Budget, Table 2, Foreseeable Repair Services.

Equipment and parts are referenced in Attachment 2 of Exhibit A.

A6 of A10

D. Unforeseeable Repairs will be paid by CDFW at the Contractor’s Repair Service-Hourly Rates, specified in Exhibit B, Line Item Budget, Table 3, Unforeseeable Repair Services.

E. Contractor will respond to requests for repair service within one (1) business day of notification by the CDFW Contract Manager or CDFW Designated Representative.

F. Contractor will make every attempt to complete repairs the same business day. When a part(s) must be ordered that will delay completion of repairs the same working day, Contractor shall inform the CDFW Contract Manager or CDFW Designated Representative immediately.

G. Contractor will provide a legible, detailed proposal to repair the equipment. This will include the parts required, cost per item, substantiation of Manufacturer's Suggested Retail Price (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 CDFW Contract Manager for review. All repairs will require prior approval by the CDFW Contract Manager.

H. 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.

I. All work will meet the applicable codes referenced herein and will be completed by the

Contractor provided they have the appropriate license. Repairs outside the scope of the Contractor’s license shall be by Sub-contractors with the appropriate Contractor’s licenses and shall adhere to the rules governing subcontracting. See Exhibit G; 9. Use of Sub-contractors.

20. Urgent Repairs:

A. Contractor will provide any necessary urgent repair services upon request from the CDFW Contract Manager or CDFW Designated Representative.

B. Contractor must respond to requests for urgent repair services within twenty-four (24) hours of notification by the CDFW Contract Manager or CDFW Designated Representative.

C. When possible, urgent repairs will be performed during normal business hours as specified herein. Contractor will provide repairs on overtime basis only when absolutely necessary.

D. The CDFW Contract Manager or CDFW Designated Representative may, at their discretion, allow access to the equipment outside of normal business hours when necessary.

A7 of A10

E. Urgent services provided by the Contractor, will be charged at the Contractor’s urgent Repair Service-Hourly Rates, specified in Exhibit B, Line-Item Budget, Table 3, Urgent Repair Services.

F. When calculating Urgent Repair costs relative to Foreseeable Repairs, the hourly rate will be as identified in Exhibit B, Line-Item Budget, Table 3, Unforeseeable Repair Services.

All other costs will be billed consistent with Table 2, Foreseeable Repair Services.

G. Any urgent repair services provided will be completed the same business day. When a part(s) must be ordered that will delay completion of repairs the same business day, Contractor will inform the CDFW Contract Manager or CDFW Designated Representative immediately.

H. Contractor will 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 CDFW Contract Manager for review. All repairs will require prior approval by the CDFW Contract Manager.

I. 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.

J. All work will meet the applicable codes referenced herein and will be completed by the

Contractor provided they have the appropriate license. Repairs outside the scope of the Contractor’s license shall be by Sub-contractors with the appropriate Contractor’s licenses and shall adhere to the rules governing subcontracting. See Exhibit G; 9. Use of Sub-contractors.

21. Inspection and Maintenance Requirements:

Provide repair service as requested by Contract Manager. All services to be provided as indicated in Exhibit B – Budget Detail – Inspection and Maintenance Section.

The Contractor will inspect and service the following equipment on an annual basis:

A8 of A10

Type

LPG /

Electric

Make

Model Number

Serial Number

Location

Gas furnace Gas Day & Night

395CAV042075,

Series C 4792A09399 R1-63

Gas furnace Gas Day & Night

395CAV042075

Series C 4792A09385 R1-64

HVAC (mini split) Electric MrCool 0-18-HP-WMAH-

230A 3407657880793 240120096 Office

HVAC (mini split) Electric MrCool 0-18-HP-WMAH-

230A 3407657880793 240120007 Breakroom #1

HVAC (mini split) Electric MrCool a-12-hp-wmah-

230A 2404360160279 190120624 Breakroom #2

Walk-in cool room:

refrigerator (4 units)

Electric Bohn Heatcraft BZT0750L6D

TO4J 04637 &

TO47 04366

Hatchery Building

Ice machine Electric Scotsman CU3030MA-1 2110132001624

Hatchery Building

The Contractor will inspect and maintain the above listed equipment as follows:

Annual inspection of Furnaces:

• Inspect and service air filters

• Inspect and service burners and vents

• Inspect and service heat exchanger and CO detector

• Inspect and service connections and fittings

• Inspect and service control panels and limit switch

• Inspect and service blower motor

• Inspect draft inducer motor

• Inspect flame sensor

• Inspect gas valve

• Inspect thermostat

Annual inspection of HVAC (mini-split) units:

• Inspect and service air filters

• Inspect and service control panels

• Inspect refrigerant lines

• Inspect refrigerant levels and fill if needed

• Recharge HVAC units if needed

• Inspect and service blower motor

• Inspect and service compressor

• Inspect thermostat

• Inspect electrical connections

• Inspect outdoor units for debris

A9 of A10

• Inspect and clean drain line

• Inspect and service evaporator and condenser coils

Annual inspection of Walk-in Cool Room Refrigeration Units:

• Inspect and service doors

• Inspect and service seals

• Inspect and service gaskets

• Check leveling

• Inspect and service condenser coils

• Inspect and service air filters

• Inspect and service blower motor

• Inspect and service compressor

• Inspect fan motor and blades

• Inspect evaporator coils

• Inspect defrost heaters

• Inspect relays, capacitors, control boards, and electrical components

• Inspect and service expansion valves

Annual inspection of Ice Machine:

• Inspect and service air filters

• Clean and sanitize the water system including the water filter

• Inspect and service the external filter system

• Inspect and service bearings and the augers

• Inspect and service water Inlet valve

• Inspect ice molds

• Inspect thermostat

• Inspect motor and gaskets

• Inspect control module

A logbook will be kept on site to be maintained by the Contractor. The log must contain the date of maintenance performed. In addition, the log must contain the records of any maintenance parts used on equipment to maintain operability. This will include date of entry, individual making entry, make, brand, model number, name plate data, manufacturer’s maintenance literature, and parts breakdown.

22. 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.

Parts replaced by the Contractor under this Agreement shall be new, factory manufactured, or equivalent to manufacturer’s standards.

A10 of A10

Contractor must notify the Contract Manager or designee prior to ordering and/or installing the part. A written estimate of the required part(s) must be submitted to the CDFW Contract Manager or designee and approved before replacement.

The Contractor will be required to complete a list of material suppliers, sub-contractors and any other vendors, 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. Contractor agrees to maintain an adequate supply and/or be able to obtain within a reasonable amount of time any necessary replacement parts in order to perform repairs and maintenance in a timely manner.

Consumables and other supply items are hereby excluded. Any parts that have been replaced become the property of CDFW.

23. Prime Contractor Labor Rates:

Contractor labor rates as shown on Exhibit B, Item 4; Budget Detail applies only to the Prime Contractor and their employees while working on site.

CONTRACTOR

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

B1 of B6

1. Invoicing and Payment

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

B. 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 shall be made in the payment of these invoices.

C. Contractor shall submit an original and one (1) copy of the invoice, which properly details all charges, expenses, direct and indirect costs. Invoices shall be submitted by mail or email to:

Contract Coordinator: Kathryn Kimball, Staff Services Analyst Region / Division: Northern Region 1/Hatcheries Address: 601 Locust Street, Redding, California 96001 Email: Kathryn.Kimball@wildlife.ca.gov

D. The original and one (1) approved copy of the invoice will be forwarded to the

Department of Fish and Wildlife’s Accounting Claims Section by the Contract Coordinator. Payment of any invoice will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Failure to use the address exactly as provided above, may result in the return of the invoice to the Contractor. All invoices must be approved by the Contract Manager.

E. Prices paid for the various items of the contract shall include full compensation for furnishing all material, labor, tools, and equipment, and doing all work involved in accomplishing the fulfillment of the scope of work as herein specified. Items necessary for the completion of the work for which no separate prices are herein included shall be considered included in the various items of the contract.

F. Progress payments shall only be made by the State in the event the contract term is greater than monthly. The Contractor may submit progress payment invoices on completion of work not more frequently than every thirty (30) days in arrears.

G. No progress payments shall be made for less than twenty (20) working days.

H. All contracts shall have five percent (5%) retention held for thirty (30) calendar days after completion of the work and then released upon receipt of invoice.

I. Five percent (5%) shall be retained from each progress payment and held by the State as partial security for the fulfillment of the contract by the Contractor. The State shall pay the Contractor the value of such work, as estimated therein, after deducting therefrom all previous payments, and all amounts to be retained under the provisions of this Agreement. Final retention shall be held thirty (30) calendar days from final inspection and acceptance of the completed scope of work and then released upon receipt of mailto:Kathryn.Kimball@wildlife.ca.gov

CONTRACTOR

B2 of B6 invoice.

J. The quantities of items shown on the contract form are determined by computations based on the details and dimensions shown on the plans, and no guarantee is made that the actual quantities, as constructed will be the quantities shown on the contract form.

If no changes are made in the work which affects the quantity of an item paid for on a per unit price basis, no allowance will be made in the event the quantity, as constructed, does not equal the quantity shown on the contract form.

K. The provisions of Section 9-1.16C, Materials On Hand, of DOT Standard Specifications which pertain to the value of materials delivered to the job site and stored for use, shall not apply. Payment for material delivered to the job site shall be made only for that portion of such material complete in place, as specified, at the time the estimate for progress payment is made. No payment shall be paid for materials delivered and stored. Mobilization, if there be such an item, will be paid in accordance with Section 9- 1.16D, of the DOT Standard Specifications except that the retention of funds provision of Item D above shall apply to the contract lump sum item of mobilization.

L. The invoice shall contain the following information:

1. The word “Invoice” should appear 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 Region/Division of the Department of Fish and Wildlife being billed;

5. The date of the invoice, invoice number, and the time period covered;

6. The number of the agreement upon which the claim is based, and;

7. An itemized account of the services for which the Department of Fish and Wildlife 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 based on Items identified in Item 4;

“Budget Detail”;

c. The total amount due. This should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor including retention under the terms of this agreement.

2. CONTRACT WRITTEN PRIOR TO APPROVAL OF THE BUDGET ACT

CONTRACTOR

B3 of B6

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 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 other considerations under this Agreement and the Contractor shall 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 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.

3. Prompt Payment Clause

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

4. Budget Detail

The Contractor will be reimbursed for actual services rendered as requested and approved by the CDFW Contract Manager. The Contractor will submit to the CDFW Contract Manager progress reports every twenty (20) working days of the percent of each unit that has been completed since the last invoice was received. The CDFW Contract Manager will verify the completed work before approving the invoice. The Contractor will be reimbursed at the costs identified below and charges must not exceed Written dollar amount ($X,XXX.00) which is the maximum amount of the agreement.

Table 1: Inspection and Maintenance Services

CONTRACTOR

B4 of B6

3Description 1Quantity

(A) Unit Unit Price (B)

Subtotal (A x B)

Annual Inspection and Maintenance Service Fee of Furnaces

2 Flat Rate Each Service $

Annual Inspection and Maintenance Service Fee of HVAC Units

2 Flat Rate Each Service $ $

Annual Inspection and Maintenance Service Fee of Walk-in Cool Room Refrigeration System

2 Flat Rate Each Service $ $

Annual Inspection and Maintenance Service Fee of Ice Machine

2 Flat Rate Each Service $ $

Inspection and Maintenance Estimated Total Table 1 $

1Quantity is an estimate only. Contractor will be reimbursed for services provided only.

2Flat rate service must include all labor, materials, tools, equipment, taxes, and incidentals necessary for inspection, maintenance, and servicing.

CONTRACTOR

B5 of B6

Table 2: Foreseeable Repair Services

3Description of Service, Repair or

Replacement

Estimated Number of Labor Hours for

Repair (A)

2Hourly Labor

Rate (B)

Parts Cost

(Each) (C)

Replacement/ Repair Total (AxB)+C) =

(D)

1Estimated Number of Repairs (E)

Estimated Total

(D)x(E)

Replace Blower Motor 4 $ $ $ 1 $

Replace Compressor 8 $ $ $ 1 $ Replace Control Panel 4 $ $ $ 1 $

Replace Thermostat 1 $ $ $ 1 $

Replace Evaporation Coils 4 $ $ $ 1 $

Replace Refrigerant Lines 8 $ $ $ 1 $

Replace Refrigerant 4 $ $ $ 1 $

Replace Condenser Coils 4 $ $ $ 1 $

Replace Heat Exchanger 8 $ $ $ 1 $

Replace Capacitor 1 $ $ $ 1 $

Replace Contactors 2 $ $ $ 1 $ Replace Expansion valve 4 $ $ $ 1 $

Replace Draft Inducer Motor 2 $ $ $ 1 $

Replace Gas Valve 2 $ $ $ 1 $

Replace Limit Switch 2 $ $ $ 1 $

Replace Air Filter 0.25 $ $ $ 1 $ Foreseeable Repair Agreement Estimated Total Table 2: $

1Quantity is an estimate only. Contractor will be reimbursed for services provided only.

2Flat rate service must include all labor, materials, tools, equipment, taxes, and incidentals

CONTRACTOR

B6 of B6

Table 3: Unforeseeable Repair Services

Type of Service

2Rate (per hour or %)

1Estimated Number of Hours or Amount

Subtotal

Unforeseeable Repair - Billable Regular Time Labor Rate (Normal Business Hours)

$ /Hour 8

Unforeseeable Repair - Billable Overtime Labor Rate (Outside Normal Business Hours)

Urgent Repair - Billable Regular Time Labor Rate (Normal Business Hours)

Urgent Repair - Billable Overtime Labor Rate (Outside Normal Business Hours)

Contractor Percent Mark-Up on Vendor Supplied Invoice Materials (Not to exceed 25%)

_______% 8

See 3below for formula

Parts Allowance (not to exceed) $4,000.00 $ Unforeseeable Repair Agreement Estimated Total Table 3: $

1 Quantity is an estimate only. Contractor will be reimbursed for services provided only.

2 Flat rate service must include all labor, materials, tools, equipment, taxes, and incidentals

3 Subtotal formula = (XX%/100) X 4,000. Example: (25/100) X 4,000 = $1,000

Table 4: Total Contract Amount

Table No. Table Title Total

1. Inspection and Maintenance Services

2. Foreseeable Repair Services

3. Unforeseeable Repair Services

TOTAL: Sum of Tables 1, 2, and 3

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 costs identified above.

California Department of Fish and Wildlife Exhibit E – Federal Provisions (Federal Funds)

Version 8.16.24

FEDERAL PROVISIONS

1. UTILIZATION OF SMALL, MINORITY, AND WOMEN’S BUINESSES: The Contractor agrees that affirmative steps will be taken to assure that qualified small, minority and women-owned businesses are used when possible as sources of supplies, construction, and services in the performance of grant-assisted Agreements and subcontracts. Affirmative steps taken shall include the following:

a. Include qualified small, minority and women-owned businesses on solicitation lists

b. Assuring that small, minority and women-owned businesses are solicited whenever they are potential sources

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation of small, minority, and women-owned businesses

d. Establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority and women-owned businesses

e. Using the services and assistance of the Small Business Administration, the Minority business Development Agency of the U.S. Department of Commerce, and the State Office of Small Business and Disabled Veteran Business Enterprise Certification

f. If the Grantee awards subcontracts, requiring the subcontractor to take the affirmative steps in paragraphs A through E of this section.

2. DISCLOSURE REQUIREMENTS: Any document or written report prepared in whole or in part pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through Agreement with the State. The disclosure statement shall 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 shall be contained in a separate section of the document or written report.

3. COMPLIANCE WITH FEDERAL REGULATIONS: The Contractor understands that the

State is obligated, in accordance with its assistance Agreement with the Federal Government, to comply with the provisions of federal regulations contained in the Uniform Guidance 2 Code of Federal Regulations (CFR) 200 and any conditions in the grant Agreement and any amendments thereto. In order to ensure that the State can meet these obligations, the Contractor warrants, represents, and agrees that it and its subcontractors, employees, and representatives will comply with: 1) all applicable provisions of 2 CFR 200;

and 2) all general and special conditions contained in the Agreement.

4. COPYRIGHTS: The Contractor agrees to and does hereby grant to the Federal

Government, a royalty-free nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes:

a. The copyright in any work developed under this Agreement; and

b. Any rights of copyright which the Contractor purchases, in whole or in part, with funds provided by this Agreement.

5. STANDARDS FOR FINANCIAL MANAGEMENT SYSTEM: The Contractor and all subcontractors will maintain fiscal control and accounting procedures which are sufficient to:

a. Permit preparation of reports required by 2 CFR 200 and statutes authorizing the grant.

b. Permit tracing of funds to a level of expenditures adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable statutes.

A requirement to this effect shall be placed in all subcontracts related to performance of work under this Agreement.

6. APPLICABLE COST PRINCIPLES: The cost principles for this Agreement are applicable as set forth below by the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the Contract Costs Principles and Procedures (48 CFR Part 31):

a. 2 CFR Part 200 Subparts E and F – Cost Principles and Audit Requirements;

b. 48 CFR Part 31 Subpart 31.7 – Contracts with Nonprofit Organizations

Funds provided under this Agreement shall not be used for payment of salaries to individual consultants retained by the Contractor or any subcontractors in excess of the rate for Level 4, of the Federal Executive Schedule. The limit expressed herein does not include transportation and subsistence costs for necessary travel for work required under this Agreement.

7. CONTINGENT FUNDING: It is mutually understood between the parties that this

Agreement may have been written before ascertaining the availability of congressional appropriation of funds for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if sufficient funds are made available to the State by the US Government for the fiscal year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress of any statute enacted by the Congress which may affect the provisions, terms, or funding of this Agreement in any manner.

It is mutually agreed that if the Congress does not appropriate sufficient funds for the Agreement, the State has the option to terminate the Agreement under the termination clause or to amend the Agreement to reflect any reduction of funds.

The California Department of Fish and Wildlife (CDFW) has the option to invalidate the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.

8. ENVIRONMENTAL QUALITY: The Contractor and subcontractors shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, Title 42 U.S.C. 1857(h), Section 508 of the Clean Air Act, Title 33 U.S.C. 1368 Executive Order 11738 and, Title 40 CFR part 15

The Contractor shall comply with mandatory standards and policies related to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Conservation Act (Publ. L. 94-163).

9. RECYCLED PAPER: The Contractor agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to the State. This requirement does not apply to reports which are prepared on form supplied by the Federal Government. This requirement applies even when the cost of recycled paper is higher than that of virgin paper.

10. SINGLE AUDIT ACT: To the extent applicable, the Contractor shall be subject to and shall comply with the provisions and requirements of the Single Audit Act of 1984 (Pub. L 98-

502) and implementing policies, procedures and guidelines, including applicable circulars issued by the Federal OMB.

11. FEDERAL ASSURANCES: It is further agreed that by signing this Agreement, the

Contractor is subject to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned away from or otherwise denied access to or benefit from any program or activity that is directly associated with a program of CDFW on the basis of race, color, national origin, age, sex (in education activities) or disability.

12. COMPLIANCE WITH FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY

ACT 2006 (FFATA): As a recipient of a federal contract, grant or other federal funds, the State is required under the Federal Funding Accountability and Transparency Act of 2006 (FFATA) to report certain information about the State’s contractors, grantees and sub-recipients of that federal funding. The Contractor, as a sub-recipient of federal funds, agrees to provide the State with data required under the FFATA unless exempted under that act. Contractor shall complete the FFATA Certification form (DFW 868) and submit it as instructed, on or before execution of the agreement. If not exempt, the Contractor will create a registration, or update its data if already registered, on the federal System for Award Management (SAM) at www.sam.gov. A Data Universal Numbering System (DUNS) number is required for the SAM registration and must be included on the FFATA Certification form unless exempted per the certification. Contractor agrees to update its SAM registration and notify the State if there is a material change to its SAM data, or its exemption status changes.

13. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT:

Recipients of a federal contract, grant or other federal funds are prohibited to procure/obtain, and extend, re-new and/or enter into a new contract to procure equipment, services or systems that uses covered telecommunications equipment or services as a http://www.sam.gov/ substantial or essential component of any system or as critical technology as part of any system. Covered telecommunications equipment is equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary of affiliate of such entities).

For the purpose of public safety, security of government facilities, physical surveillance of critical infrastructure and other nation security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahura Technology Company (or any subsidiary or affiliate of such entities) is prohibited. 2 CFR 200.216

14. BUILD AMERICA, BUY AMERICA ACT:

The Build America, Buy America (BABA) Act, enacted as part of the Bipartisan Infrastructure Law (BIL) on November 15, 2021, requires that all federally funded infrastructure projects awarded after May 14, 2022, use domestic sources of iron, steel, manufactured products, and construction materials produced in the United States. Infrastructure consists of public infrastructure projects and includes, at a minimum, the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities;

airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; buildings and real property. Infrastructure also consists of structures, facilities, and equipment that generate, transport, and distribute energy, including electric vehicle (EV) charging.

Pursuant to Section 70914(c) of the BABA Act, CDFW may waive the Buy America preference where CDFW finds that:

a. Applying the domestic content procurement preference would be inconsistent with the public interest (a “public interest waiver”);

b. Types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a “nonavailability waiver”); or

c. Inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an “unreasonable cost waiver”).

Absent a waiver, all iron, steel, manufactured products, and construction materials permanently incorporated into an infrastructure project subject to the BABA requirements must be produced in the United States, with the exception of select construction materials (cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives), which are specifically excepted by the BABA statute.

Exhibit G – Additional Provisions (Public Works)

G 1 of G 19 06/2022

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 must be an individual or firm licensed to do business in California and must obtain, at Contractor’s expense, all licenses and permits required by law for accomplishing any work required in connection with this Agreement.

If Contractor is located within the State of California, a business license from the City/County in which Contractor is headquartered is necessary; however, if Contractor is a corporation, a copy of the Contractor’s incorporation documents/letters from the Secretary of State’s Office can be submitted. If Contractor is outside the State of California, Contractor must submit to the CDFW a copy of their business license or incorporation papers for Contractor’s respective State showing that Contractor’s 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 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, 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, 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.

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

G 2 of G 19 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.

6. CONFIDENTIALITY OF DATA ~ All financial, personal, technical, and other data and information relating to the California Department of Fish and Wildlife operations which are designated confidential by the California Department of Fish and Wildlife, and made available to the Contractor in order to carry out this Agreement, or which becomes available to the Contractor in carrying out this Agreement will be protected by the Contractor for the protection of the Contractor’s data and information are deemed by the California Department of Fish and Wildlife’s confidential information, such methods and procedures may be used, with written consent of the California Department of Fish and Wildlife, to carry out the intent of this paragraph. The Contractor will not be required under the provisions of this paragraph, to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor’s possession, is independently developed by the Contractor outside the scope of this Agreement or is rightfully obtained from third parties.

7. RIGHT TO TERMINATE ~ The State reserves the right to terminate this agreement subject to 30 days written notice to the Contractor.