P2440005_Complete_Sample_Agreement.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

PURCHASING AUTHORITY NUMBER (If Applicable)

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

CONTRACTING AGENCY NAME

California Department of Fish andWildlife (CDFW)

CONTRACTOR NAME

TBD

2. The term of this Agreement is:

START DATE

Upon DGS Approval

THROUGH END DATE

June 30, 2027

3. The maximum amount of this Agreement is:

TBD

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

Exh A, Attch 1 1

Exhibit B Budget Detail and Payment Provisions 6

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

Exhibit G Additional Provisions (Public Works) 19

Exhibit I Travel Reimbursement Information 3

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 SIGNED

Equipment List Reference For Maintenance & Foreseeable Repairs

SAM

PLE

SCO ID: 3600-P2440005

AGREEMENT NUMBER

P2440005

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2440004 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2440004

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 & Facilities Engineering

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)

MWA HVAC, ELECTRICAL, AND PLUMBING P2440005

CONTRACTOR

EXHIBIT A – SCOPE OF WORK

A1 of A10 10//2022

1. The Contractor will provide to the California Department of Fish and Wildlife (CDFW), Mendota Wildlife Area (MWA): labor, materials, tools, equipment, taxes, and incidentals necessary for semi-annual inspection, maintenance, servicing and repair of state-owned building and infrastructure HVAC units, plumbing, mechanical, and electrical systems. All inspection, maintenance and repair work will ensure that the equipment continues to function properly and safely.

2. The services will be performed at MWA, located at MWA HQ: 4333 South Santa Fe Grade, Mendota, CA 93640.

3. Time of Completion: Upon DGS Approval until June 30, 2027.

4. License Required: A – General Engineering Contractor or B – General Building Contractor

All work shall meet the applicable codes referenced herein and shall be completed by the Contractor provided they have the appropriate license.

5. Hourly rates 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 Manager Contractor Project Director

Name: Steve Brueggemann Name: TBD Phone: (559) 655-4645 Phone:

Email: Steve.Brueggemann@wildlife.ca.gov Email:

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

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:

All materials and workmanship must comply with the following:

State and Federal Codes:

a. 2022 California Code of Regulations (CCR)

b. 2022 California Administrative Code (CAR), (CCR, Title 24, Part 1)

c. 2022 California Building Code (CBC), Volumes 1, and 2, (CCR, Title 24, Part 2)

(Based on 2021 International Building Code)

d. 2022 California Residential Code (CRC), (CCR, Title 24, Part 2.5), (Based on 2021 International Residential Code) mailto:Steve.Brueggemann@wildlife.ca.gov

MWA HVAC, ELECTRICAL, AND PLUMBING P2440005

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e. 2022 California Electrical Code (CEC), (CCR, Title 24, Part 3) (2020 National Electric Code (NEC))

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

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

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

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

j. 2022 California Fire Code (CFC), (CCR, Title 24, Part 9)

(Based on 2021 International Fire Code)

k. 2022 California Existing Building Code, (CCR, Title 24, Part 10)

(Based on the 2021 International Existing Building Code)

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

m. 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 2022 Edition NFPA 24 - Private Fire Mains w/ CA Amendments 2022 Edition NFPA 72 – National Fire Alarm Code w/ CA Amendments 2022 Edition NFPA 2001 – Clean Agent Fire Extinguishing Systems 2022 Edition w/ CA Amendments Reference code section for NFPA standards are in 2022 CBC Chapter 35 or 2022 CFC Chapter 80.

n. Reference Code Sections for Applicable Standards;

2022 CBC, Chapter 35 2022 CFC, Chapter 80

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

p. Title 19 C.C.R., Public Safety, SFM Regulations, List of Federal Codes & Standards (if applicable)

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

r. 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)

s. DOT Standard Specifications and/or Plans; State of California, DOT, 2022

t. Underwriters Laboratories, Inc. (UL Standards)

Additional Codes:

a. American Concrete Institute (ACI), Latest Edition

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

c. Steel Construction Manual, American Institute of Steel Construction, (AISC), 13th

Edition

d. American Welding Society, AWS

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

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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

9. 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.

10. Work Schedule:

Inspection/Maintenance Services will be provided during normal working hours (Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding state holidays).

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

11. 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 Contract Manager or CDFW designee.

12. 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.

MWA HVAC, ELECTRICAL, AND PLUMBING P2440005

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13. 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.

14. 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.

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

16. Guarantee:

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

17. 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 HVAC, plumbing, mechanical, and electrical systems for facility buildings, infrastructure and state-owned buildings.

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 1 of Exhibit A.

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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.

18. 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.

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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.

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19. 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 a semi-annual basis (two (2) times a year, once in April and once in October):

Type

LPG /

Electric

Make

Model Number

Serial Number

Location

HVAC

LPG/Elec tric

Carrier 24ABC636A300 1411E16079 SOR #R4-59

HVAC

LPG/Elec tric

Carrier

38TDB036300 0902E04203 SOR #R4-60

HVAC

LPG/Elec tric

Carrier

24ABC636A300 1411E16121 SOR #R4-61

HVAC

LPG/Elec tric

Carrier

38TD6036300 1602E04290 SOR #R4-62

HVAC

LPG/Elec tric

Carrier

24ABC636A300 1911E11094 SOR #R4-63

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

• Cost of HEPA filters and installation shall be included in the maintenance cost.

• Visually inspect ductwork and other equipment.

• Test the airflow and pressure of system to check for leaks and clogs.

• Seal minor leaks.

• Check and clean air intake.

• Listen for unusual noises when blower is running.

• Clean and lubricate motors.

• Check electrical hardware and connections.

• Test electrical component voltage and connections.

• Tighten electrical connections if loose.

• Lubricate equipment’s moving parts.

• Calibrate thermostat.

• Check and clean condenser and evaporator coils.

• Clean condensate drain and evaporator coil.

• Clean blower.

• Test bult-in power surge and overheating safety controls.

• Check refrigerant charge.

• Test pump or blower motor.

• Clean units of dust, cobwebs and debris.

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

Wall Mount AC/Heater

Electric Amana 18817 AH183A35MA Main office

Wall Mount AC/Heater

Electric Friedrich N/A N/A SOR #R4-58

Wall Mount AC/Heater

Electric Friedrich N/A N/A SOR #R4-58

• Test and tune system.

• Clean unit of dust, cobwebs and debris.

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

AC/Heater

Electric Amana 18817 AH183A35MA Main office

Wall Heater LPG Williams 3509621 JO 66250 Main office

Wall Mount AC/Heater

Electric Friedrich N/A N/A SOR #R4-58

Wall Mount AC/Heater

Electric Friedrich N/A N/A SOR #R4-58

Wall Mount Heater

Electric N/A N/A N/A SOR #R4-58

• Test and tune system.

• Clean unit of dust, cobwebs and debris.

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

Hot Water

EEMAX

TANKLESS

HA011240 151880091

SOR #R4-58

LPG

RHEEM

40 GAL

PROG40-36P RH62 Q011723713 SOR #R4-59

CRAFTMASTER

30-gal

GIE303300554

9413300554

SOR #R4-60

Rheem 40 gal

XP40T09HE36U0 M221710708 SOR #R4-61

Bradford White

40 gal

RG240T6X

XD47759292

SOR #R4-62

Hot Water Heater

LPG

Bradford White

40 gal

RG240T6X-394

YA49159609

SOR #R4-63

• Check Temperature and Pressure relief valve.

• Check water pressure valve and make user is shows recommended water pressure (Forty (40)-Sixty (60) psi in the daytime).

• Check for leaks on pipes and pipe joints.

• Drain and flush out sediment.

• Check anode rods to ensure they have not corroded.

• Refill water tank.

• Flush and descale the heat exchanger.

• Clean fan and burner assembly.

• Clean air inlet thermistor.

• Clean the entering water filter.

• Inspect vent for proper slope and check for any blockages.

• Check gas pressure.

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.

20. 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.

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

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.

21. 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.

Subcontractor rates will be based on actual labor/materials as shown on Exhibit B, Item 4;

Budget Detail.

MWA HVAC, ELECTRICAL, AND PLUMBING P2440005

EXHIBIT A – ATTACHMENT 1 – EQUIPMENT LIST REFERENCE FOR MAINTENANCE &

FORESEEABLE REPAIRS

LPG / Electric

Serial

Number

AC/Heater

Electric Amana 18817 AH183A35MA Main office

Wall Heater LPG Williams 3509621 JO 66250 Main office

HVAC LPG/Electric Carrier 24ABC636A300 1411E16079 SOR #R4-59

HVAC LPG/Electric Carrier 38TDB036300 0902E04203 SOR #R4-60

HVAC LPG/Electric Carrier 24ABC636A300 1411E16121 SOR #R4-61

HVAC LPG/Electric Carrier 38TD6036300 1602E04290 SOR #R4-62

HVAC LPG/Electric Carrier 24ABC636A300 1911E11094 SOR #R4-63

Wall Mounted

AC/Heater Electric Friedrich N/A N/A SOR #R4-58

Wall Mounted

AC/Heater Electric Friedrich N/A N/A SOR #R4-58

Wall Mounted Heater

Electric N/A N/A N/A SOR #R4-58

Hot Water

EEMAX

TANKLESS

HA011240 151880091 SOR #R4-58

Hot Water Heater

LPG

RHEEM

40 GAL

PROG40-36P

RH62

Q011723713 SOR #R4-59

Hot Water Heater

LPG

CRAFTMAST

ER 30-gal GIE303300554 9413300554 SOR #R4-60

Hot Water Heater

LPG

Rheem 40 gal

XP40T09HE36U0 M221710708 SOR #R4-61

Hot Water Heater

LPG

Bradford

White 40 gal RG240T6X XD47759292 SOR #R4-62

Hot Water Heater

LPG

Bradford

White 40 gal

RG240T6X-394 YA49159609 SOR #R4-63

Electrical Panel

Square D Q0C24U 61 Main office

Electrical Panel

Square D 563521S MLN SHOP

Electrical Panels (6)

Square D Q0C24UF 01 SOR #R4-58-63

MWA HVAC, ELECTRICAL, AND PLUMBING P2440005

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

B1 of B6

1. Invoicing and Payment

A. For construction 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: Steve Brueggemann Region/Division: Central Region/ Mendota WA Address: PO Box 37 Mendota CA 93640 Email Address: Steve.Brueggemann@willdife.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 plans and specification 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 twenty (20) working days. 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. 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.

I. 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 mailto:Steve.Brueggemann@willdife.ca.gov

MWA HVAC, ELECTRICAL, AND PLUMBING P2440005

B2 of B6 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.

J. 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 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

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.

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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 Forty-Five (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 ($XX,XXX.XX) which is the maximum amount of the agreement.

Table 1: Inspection and Maintenance Services

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Item No.

Approx.

Quantity

Items of Work Description Unit Price Item Total

1. 15 April Semi-Annual Maintenance

HVAC

2. 9 April Annual Maintenance Wall Mount AC units

3. 15 October Semi-Annual Maintenance

HVAC

4. 3 October Annual Maintenance Wall Heater Propane

5. 12 October Annual Maintenance Electric Wall Heater

6. 18 October Annual Hot Water Heater Inspection and Service

Total $

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Table 2: HVAC Foreseeable Repair Services

3Description of Service, Repair or Replacement

# of Labor Hours for

Repair

2Hourly Flat Labor Rate (A)

Parts Cost (Each) (B)

Replacement/ Repair Total (A+B)

1Estimated Number of Repairs (C)

Estimated Total (A+B)x(C)

Replace Blower $ $ $ 4 $

Replace Capacitor $ $ $ 10 $

Replace Condenser Fan Motor

$ $ $ 4 $

Replace Control Board $ $ $ 4 $

Replace Bearing in Fan Motor

$ $ $ 4 $

Replace Blower Wheel $ $ $ 4 $

Replace Thermostat $ $ $ 4 $

Replace HVAC Unit with

3.0 ton heat pump package unit, 208/230, 1 phase, 5kW electrical heat strips with fuses

$ $ $ 1 $

Add R410A/Refrigerant $ $ $ 10 $

Replace Contactor $ $ $ 4 $

Foreseeable Repair Agreement Estimated Total: $

1Estimated number of repairs - This 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.

3Refer to Exhibit A-Attachment 1 for Equipment information

MWA HVAC, ELECTRICAL, AND PLUMBING P2440005

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Table 3: Unforeseeable Repair Services

Type of Service

1Estimated Number of Hours or Amount

2Flat Rate Total

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

Per Hour

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 Parts

(Not to exceed 25%)

$34,025

$See 4 below for formula

Parts Allowance Not to Exceed $34,025 $34,025

Unforeseeable Repair Agreement Estimated Total: $

1Estimated number of hours - This 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.

4Subtotal formula = (xx%/100) x $15,000. Example (25/100) x $15,000 = $3,750

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.

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 G – Additional Provisions (Public Works)

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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. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

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

This agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

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

If the Contractor or subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. The

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Contractor must include in each of its subcontracts for work under this Agreement, a provision which incorporates the requirements stated within this section.

9. USE OF SUBCONTRACTOR(S) ~ The Contractor must adhere to the rules governing subcontracting as set forth in the Subletting and Subcontracting Fair Practices Act, commencing with Public Contract Code, Section 4100. Subcontractor substitutions must be in accordance with provisions of the Subletting and Subcontracting Fair Practices Act, beginning with Public Contract Code, Section 4100. Violations of this Act by the Contractor may subject the Contractor to penalties and disciplinary action as provided by the Subletting and Subcontracting Fair Practices Act. If the Contractor desires to accomplish part of the services using one (1) or more subcontractors, the following conditions must be met:

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

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

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

D. The Contractor must pay the Contractor’s Subcontractors for work performed no later than 10 days after receipt of each progress payment. If there is a good faith dispute over all or any portion of the amount due a Subcontractor on a progress payment, the Contractor may withhold no more than 150 percent of the disputed amount. This provision will apply to Sub-subcontractors also. A violation of these requirements invokes the payment and penalty provisions of Public Contract Code, Section 10262 and Section 10262.5.

E. If a subcontractor contracts a portion of the work to a lower tier subcontractor, the subcontractor may not sublet any portion of the work without the written permission from the State. The lower tier subcontractor must have the proper license with the Contractors State License Board (CSLB) and must be registered with Department of Industrial Relations (DIR).

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

10. POTENTIAL SUBCONTRACTOR(S) ~ Nothing contained in this Agreement or otherwise will create any contractual relation between the State and any subcontractor(s) and no subcontract will relieve the primary Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractor(s) and of persons directly employed or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its subcontractor(s) is an independent obligation from the State’s obligation to make payments to the primary Contractor. As a result, the State will have no obligation to pay or to enforce the payment of any monies to any subcontractor. The State will not entertain requests to arbitrate disputes among Subcontractors or between the Contractor and Subcontractor(s) concerning responsibility for performing any part of the Work.

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

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12. INSURANCE ~ When the Contractor submits a signed Agreement to the State, the Contractor must furnish to the State a certificate of insurance stating that there is liability insurance presently in effect for the Contractor for all applicable insurance. Contractor agrees to provide the State a copy of the policy upon request.

A. General Provisions Applying to All Policies

(1) Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the contract.

(2) Policy Cancellation / Termination & Notice of Non-Renewal –Contractor must provide to the State within two business days a copy of any notice of Cancellation/Termination or Non-renewal received by contractor for any of the required insurance policies. In the event Contractor fails to keep in effect the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.

(3) Deductible – Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

(4) Primary Clause – Any required insurance contained in this contract must be primary, and not excess or contributory, to any other insurance carried by the State.

(5) Insurance Carrier – All insurance companies issuing any of the policies required by these provisions must be licensed to do business in the State of California.

(6) Insurance Carrier Required Rating – All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. “A” or better and a financial size category of “VII” or better to the latest edition of the A.M. Best Key Rating Guide. Any other rating classification requires State approval. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

(7) Endorsements – Endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.

The policy(ies) must provide additional insurance language as follows:

The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the agreement.

In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, contractor must include all subcontractors as insured under

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Contractor’s insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor.

(8) Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligations under the contract.

B. Insurance Requirements

(1) Commercial General Liability – Contractor must maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy must include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance must apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability.

The policy must be endorsed.

(2) Automobile Liability – Contractor must maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance must cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

(3) Workers Compensation and Employers Liability – Contractor must maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. Employer’s liability limits of $1,000,000 are required. When work is performed on State owned or controlled property the Workers’ Compensation policy must be endorsed with a Waiver of Subrogation or Right to Recover endorsement in favor of the State of California, Department of Fish and Wildlife must be attached to certificate. Waiver of Subrogation is waved for Emergency Contracts.

(4) Builder’s Risk/Installation Floater – During the term of this contract, Contractor must maintain in force, at its own expense, Builder’s Risk/Installation Floater for an amount equal to the full amount of the Contract improvements, upon the project and all materials or items which become the property of State pursuant to the Contract Documents, including, but not limited to, materials and other items at the work site or stored off-site with consent of State. A copy of any applicable Builder’s Risk/Installation Floater will be provided to State, and it will be the responsibility of Contractor and each Subcontractor to satisfy itself as to the terms of such coverage, and to determine whether at its own cost, to carry any supplemental policy of insurance. If Applicable.

(5) Pollution Liability – Contractor must maintain Pollution Liability covering the contractor’s liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup cost incurred, all arising out of the work or services to be performed under this contract. Coverage must be provided for both work performed on site and during the transportation as well as proper

G 6 of G 19 disposal of hazardous materials. Contractor must maintain pollution liability with limits no less than $1,000,000 per incident. If Applicable.

The policy’s bond terms conform to Form MCS-90 or MCS-82, respectively, as defined and set forth in Sections 387.7 to 387.15, inclusive, of Title 49 of the Code of Federal Regulations, or a written decision, order or authorization to self-insure that complies with paragraph (3) of subsection (d) of Section 387.7 of Title 49 of the Code of Federal Regulations, adopted pursuant to Section 30 of Motor Carrier Act of 1980 (49 U.S.C. Sec 10927). If Applicable.

13. CONTRACT BONDS

A. When the Contract Sum exceeds twenty-five thousand dollars ($25,000), Contractor must furnish, in duplicate, a Payment Bond, to accompany the Contract, in an amount equal to one hundred percent (100%) of the Contract Sum securing payment for laborers, mechanics, and materials suppliers used on the Work under the Contract.

Payment Bonds must be prepared on a Payment Bond to Accompany Construction Contract (STD 807) as furnished by State. (PCC § 7103)

B. When the Contract Sum exceeds…