P2460008_Complete_Agreement_SAMPLE.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2460008 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2460008

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

CONTRACTING AGENCY NAME

California Department of Fish and Wildlife (CDFW)

CONTRACTOR NAME

TBD

2. The term of this Agreement is:

START DATE

September 13, 2024

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 11

Exhibit B Budget Detail and Payment Provisions 5

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

Exhibit G Additional Provisions (Public Works) 19

Std 18 Standard California Nondiscrimination Construction Contract specifications 2 Items shownwith anasterisk (*), 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 AGREEMENTHAS BEENEXECUTEDBY 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

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish and Wildlife

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

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)

SAM

PLE

WELLS & PUMPS MAINTENANCE & REPAIR - FILLMORE P2460008

CONTRACTOR

EXHIBIT A – SCOPE OF WORK

A1 of A11 5/9/2024

1. Description:

The Contractor will provide to the California Department of Fish and Wildlife (CDFW): labor, materials, tools, equipment, and incidentals necessary for:

• Semi-Annual inspection, maintenance, and servicing of wells, pumps, and electric motor assemblies, electrical panels and VFD’s, back up engines and generators; and

• Yearly inspection of wells, pumps, and electric motor assemblies, electrical panels and VFD’s, back up engines and generators, flow meters, and low flow alarms;

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.

Services to keep in good working condition may include, but are not limited to repair, removal, installation, rehabilitation, replacement of pumps, motors, well columns, base plates, lube assembly, etc., and the furnishing of parts and labor in conjunction with such work. These services include but are not limited to removal of motor, clean, dip, bake, rewind, balance, voltage testing, replace bearings, re-installation, and start-up.

Currently Fillmore Hatchery water system consists of:

• Four (4) operational wells; at any given time two (2) are in use.

• Two (2) operational mid pond pumps; at any given time one (1) is in use.

• One (1) hatchery building supply pump, electrical panel and VFD.

• Four (4) operational generators.

All wells and pumps are powered by electric motors and have backup engines or generators.

Well horsepower ratings range from 75HP to 250HP. Mid-pond has 60HP motors. The hatchery building supply pump is 20HP.

The contractors need to be aware that the number of wells and pumps in operation at any given time is the requirement at Fillmore Hatchery to sustain the proper water flow requirements for the live trout in the concreate fish rearing ponds on site.

2. Location of Services:

The services will be performed at Fillmore Hatchery 612 E. Telegraph Road, Fillmore, Ventura County, 93016.

3. Contract Term:

Upon DGS approval or September 13, 2024, whichever is later through June 30, 2027.

A2 of A11

4. License Required:

A – General Engineering Contractor, OR B – General Building Contractor, OR C57 – Well Drilling Contractor, OR C-61 – Limited Specialty: D21 – Machinery and Pumps

5. Hourly rates for unforeseeable repair services stipulated on 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: Kris Philippon Name: XXX Contractor Phone: (909) 481-7891 Phone: (XXX) XXX-XXXX Email: Kristin.Philippon@wildlife.ca.gov Email: XXXXXXXXXX

CDFW Contract Manager

Name: Shawn Fedorow Phone: (805) 524-0962 Email: Shawn.Fedorow@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:

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)

SAM

PLE

mailto:Kristin.Philippon@wildlife.ca.gov mailto:Shawn.Fedorow@wildlife.ca.gov

A3 of A11

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 is 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

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

A4 of A11

❖ 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

The 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

• Performance Bond Required

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 5:00 p.m., excluding state holidays).

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 the 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.

A5 of A11

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 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. Repair Services

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

B. The 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 wells, pumps, and electric motor assemblies, electrical panels and VFD’s, back up engines and generators, flow meters, and low flow alarms.

C. Foreseeable Repairs will be paid for 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 A11

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. The 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. The contractor will make every attempt to complete repairs on 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. The 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.

19. Urgent Repairs

A. The 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. The contractor will provide repairs on an 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 A11

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. The 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.

20. 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 as follows:

Type

LPG /

Electri c

Make

Model Number

Serial Number

Location

Well 3 Electric US Motors HF60 E107837812-0129

MOO24

Well house 3

Well 4 Electric US Motors TBD TBD Well house 4

Well 5 Electric US Motors HP250 (NO MODEL #) M-059040121 Well house 5

Well 6 Electric US Motors HF23 D027790543- 0003-R-0002

Well house 6

A8 of A11

Type

LPG /

Electri c

Make

Model Number

Serial Number

Location

Mid Pond Pump 1

Electric US Motors HF54 D 05 7796809- 0068 M 0003

Mid-pond

Mid Pond Pump 2

Electric US Motors HF54 D 05 7796809- 0068 M 0002

Mid-pond

20 HP

hatchery building pump

Electric Baldor EM4102T C1403210672 Hatchery building

Well 6 diesel engine

Diesel Cummins D5L9340 73707610 Well house 6

Well 3 and 4 generator

LPG Taylor TG400 TBD Well 3 and 4

Mid-pond generator

LPG Taylor TG150 TPS514400 Mid-pond

Domestic well generator

LPG Generac RG02724ANAX 300444343 Domestic RO system

Hatchery building generator

LPG Generac QT13068KVAC 9020954 Hatchery building

The Contractor will inspect and maintain the above listed equipment Semi Annually as follows: Perform preventive maintenance to all pumps and motors per manufacture recommendations based on usage.

• Well 3, Well 4, Well 5, Well 6, Mid-pond 1, Mid-pond 2 Check alarm battery voltage.

Check trickle charger to ensure its working.

Change turbine fluid and grease electric motor.

Change packing as needed.

• 20hp hatchery building pump Change fluids and grease.

Replace spider bushing on Lovejoy coupling as needed.

• Well 6 diesel engine

Check trickle charger to ensure its working.

Change all fluids on Cummins motor and right-angle drive.

Grease all grease points on Cummins motor and PTO.

• Well 3 and 4 generator, Mid-pond generator, Domestic well generator, Hatchery building generator

Provide procedures shown below as a minimum in addition to any additional measures required by the manufacturer for annual maintenance.

A9 of A11

a. Fuel System:

i. Check for cracks or abrasions in supply and return lines, filters and fittings.

ii. Determine if stored fuel is subject to bacterial growth and if necessary, consult with manufacturer for recommendations on treatment.

iii. Replace fuel filter.

iv. Inspect fuel transfer pump.

v. Inspect day tank float switch pump.

vi. Inspect governor linkage.

vii. Inspect water levels.

b. DC Electrical System:

i. Check battery terminals for tightness and cleanliness.

ii. If applicable, check electrolyte level in each cell.

iii. On generator start, use battery load tester to verify the battery condition starting capability.

iv. Check battery charger for proper operation.

v. Inspect starter and all wiring.

c. Engine:

i. Inspect fluid levels, oil pressure, coolant temperature.

ii. Observe during operation- Listen for misfires, look for excessive vibration, smoke or decreases in power.

iii. Change oil, oil filter and air filter.

iv. Visually inspect the air intake system for leaks, holes and loose connections/clamps.

v. Visually inspect the exhaust system for leaks and restrictions.

vi. Service the drain condensation trap as required.

vii. Service spark plugs, replace as required by annual interval.

d. Control System:

i. Confirm data is logging properly during exercise.

ii. Inspect alternator output while running.

iii. Record AC Output (voltage, frequency) across all phases while running against load.

e. Cooling system:

i. Inspect the antifreeze/coolant level and concentration during shutdown.

ii. Inspect the condition of hoses and look for leaks.

iii. Inspect motor-operated louvers to ensure they are working properly.

iv. Inspect condition and tension of belts.

v. Check pressure.

vi. Add coolant as necessary to required levels.

vii. Inspect the exterior or the radiator for obstructions. Remove dirt or foreign material.

A10 of A11

viii. Completely flush coolant system if required by manufacturer on annual basis.

f. Test transfer switch:

i. Check time delays. Adjust as necessary.

ii. Exerciser clock. Adjust as necessary.

iii. Clean cabinet.

iv. Test switch for proper operation.

g. Generator Set Exercise:

i. Exercise the generator set for a minimum of 30 minutes loaded no less than 40% of the engine rating. Refill fuel tank upon completion.

In addition to those described as part of the regular maintenance, parts such as hoses, belts, clamps, connectors, bushings, wiring, wire harnesses or filters will be replaced if worn or inoperable, or that otherwise affect the equipment’s operability and safety in any way. The part replacement must occur as part of the maintenance and servicing schedule.

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 inspect and maintain the above listed equipment yearly as follows:

Perform preventive maintenance to all pumps and motors per manufacture recommendations based on usage.

• Well 3, Well 4, Well 5, Well 6, Mid-pond 1, Mid-pond 2

Check trickle charger to ensure its working.

Change turbine fluid and grease electric motor.

Change packing as needed.

Calibrate flow meters.

Inspect low flow alarms to ensure they are working.

Inspect all electrical connections on panel and VFD’s.

• 20hp hatchery building pump Change fluids and grease.

Replace spider bushing on Lovejoy coupling as needed.

Inspect electrical panel and VFD connections.

• Well 6 diesel engine

Check trickle charger to ensure its working.

A11 of A11

Change all fluids on Cummins motor and right-angle drive.

Grease all grease points on Cummins motor and PTO.

• Well 3 and 4 generator, Mid-pond generator, Domestic well generator, Hatchery building generator

See semi-annual maintenance.

21. 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.

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. The 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.

22. 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. SAM

WELLS & PUMPS MAINTENANCE & REPAIR – FILLMORE P2460008

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

B1 of B5

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 Manager: Shawn Fedorow

Region / Division: Fillmore Hatchery

Address: PO Box 666, Fillmore, CA 93016

Email: Shawn.Fedorow@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. 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.

H. 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 invoice.

mailto:Shawn.Fedorow@wildlife.ca.gov

B2 of B5

I. 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

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.

B3 of B5

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 One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) which is the maximum amount of the agreement.

Table 1: Inspection and Maintenance Services

Description 1Quantity Unit Unit Price Total

Inspection and Maintenance Service Fee (Annual Cost)

2Flat Rate Each Service

Inspection and Maintenance Service Fee (Semi-Annual Cost)

2Flat Rate Each Service $ $

Total $

1 “Estimated Number of Repairs” are 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 necessary for inspection, maintenance, and servicing.

B4 of B5

Table 2: Foreseeable Repair Services

Description of Service, Repair or

Replacement

Number of

Labor Hours for Repair

2Hourly Labor Rate (A)

Parts Cost (Each) (B)

Replacement/ Repair Total (A+B)

1Estimated Number of Repairs (C)

Estimated Total (A+B)x(C)

Replace Well 3/Well 4/Well 5/Well 6/Mid- Pond 1/Mid-Pond 2 Alarm Battery

$ $ $ 6 $

Replace One Well 3/Well 4/Well 5/Well 6/Mid-Pond 1/Mid-Pond 2 Alarm Battery Trickle Charger

$ $ $ 1 $

Replace Well 6 Diesel Engine Alarm Battery

$ $ $ 1 $

Replace Well 6 Diesel Engine Alarm Battery Trickle Charger

$ $ $ 1 $

Replace Well 3 and 4 generator battery

$ $ $ 1 $

Replace Mid-pond generator battery

$ $ $ 1 $

Replace Domestic well generator battery

$ $ $ 1 $

Replace Hatchery building generator battery

$ $ $ 1 $

Foreseeable Repair Agreement Estimated Total: $

1 “Estimated Number of Repairs” are 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

B5 of B5

Table 3: Unforeseeable Repair Services

Type of Service 2Rate 1Estimated Number of Hours or Amount

Total

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

$ Per Hour 40

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

$ Per Hour 8

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

$ Per Hour 40

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

$ Per Hour 20

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

% $22,500.00

See below for formula

Parts Allowance (Not to Exceed)

$25,000 $25,000

Unforeseeable Repair Agreement Estimated Total: $

1 “Estimated Number of Hours or Amount” 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: Contract Total

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 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. 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

G 3 of G 19

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.

G 4 of G 19

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

G 5 of G 19

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.