STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2540012 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2540012

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

Upon DGS approval

THROUGH END DATE

June 30, 2025

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 A, Attachment 1 Sample Work Order 1

Exhibit B Budget Detail and Payment Provisions 6

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

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

SAM

PLE

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2540012 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2540012

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish and Wildlife (CDFW)

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)

FACILITY SYSTEMS MAINTENANCE AND REPAIR P2540012

CONTRACTOR

EXHIBIT A – SCOPE OF WORK

07/24/2025 A1 of A11 LFEB – Maintenance & Repair

1. Description:

The Contractor will provide to the California Department of Fish and Wildlife (CDFW); labor, materials, supplies, tools, equipment, taxes and incidentals necessary to perform inspection, maintenance, servicing and repairs as follows:

• Twice yearly: Seven (7) State-owned HVAC units

• Once yearly: One (1) walk in freezer/refrigerator, one (1) domestic water pump with associated plumbing and electrical components, and sanitizing and thorough inspection of one (1) ice machine

• Quarterly: One (1) industrial ice machine

2. Location of Services:

San Joaquin Hatchery, located at 17372 Brooktrout Dr., Friant, CA 93626

3. Contract Term:

Upon DGS approval through June 30, 2028

4. License Required:

A – General Engineering Contractor, or B – General Building Contractor

5. Hourly rates for unforeseeable repair services stipulated in Exhibit B shall 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 Project Officials Contractor Project Officials

Contract Manager Project Director

Name: William Branch Name: TBD

Phone: (559) 903-6917 Phone: (XXX) XXX-XXXX

Email: William.Branch@wildlife.ca.gov Email: XXXXXXXXXX

Address: P.O. Box 247, Friant, CA 93626 Address: XXXXXXXXXX

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

mailto:William.Branch@wildlife.ca.gov

07/24/2025 A2 of A11 LFEB – Maintenance & Repair

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:

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

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

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

D. 2022 California Electrical Code (CEC), (CCR, Title 24, Part 3) (2021 NEC) E. 2022 California Mechanical Code (CMC), (CCR, Title 24, Part 4) (Based on 2021

Uniform Mechanical Code with 2021 California Amendments) F. 2022 California Plumbing Code (CPC), (CCR, Title 24, Part 5) (Based on 2021 Uniform

Plumbing Code) G. 2022 California Energy Code, (CCR, Title 24, Part 6) H. 2022 California Historical Building Code, (CCR, Title 24, Part 8) I. 2022 California Fire Code (CFC), (CCR, Title 24, Part 9) (Based on 2021 International

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

International Existing Building Code) K. 2022 California Green Building Standards Code, (CCR, Title 24, Part 11) L. 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

M. Reference Code Sections for Applicable Standards:

2022 CBC, Chapter 35 2022 CFC, Chapter 80

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

O. Title 19 CCR., Public Safety, State Fire Marshall (SFM) Regulations, List of Federal Codes & Standards (if applicable)

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

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Q. 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)

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

S. 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), 15th

Edition D. American Welding Society, AWS E. Sheet Metal and Air Conditioning Contractors National Association (SMACNA)

8. Insurance Requirements:

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

• Commercial General Liability

• Automobile Liability

• Worker’s Compensation and Employer’s Liability

❖ The above policies must each be endorsed to include “The State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract.”

9. Bond Requirements:

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

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

• Performance Bond required if contract cost is $10,000 or more AND progress payments will be made

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.

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11. Work Schedule:

Inspection/Maintenance Services will be provided during normal working hours (Monday through Friday from 7:00 a.m. to 3:30 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 approval of the CDFW Facility Manager or CDFW designee.

13. Restoration of Improvements:

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

14. Inability to Provide Services:

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

15. Accidents/Damages:

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

16. Exclusions:

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

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17. Guarantee:

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

18. 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.

19. Repair Services:

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

B. Contractor will provide repair services required to keep the equipment fully operational in accordance with manufacturer’s standards. Repair services will include labor, materials, tools, equipment, taxes and incidentals necessary for repairs to seven (7) State-owned HVAC units, two (2) propane tanks, one (1) ice machine and one (1) walk-in freezer/refrigerator in addition to electrical repairs to the CDFW SJH facility.

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 section 22 and 23 in exhibit A.

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.

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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, Section

9. Use of Sub-contractors.

20. Urgent Repairs:

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

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

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

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

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.

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J. All work will meet the applicable codes referenced herein and will be completed by the Contractor provided they have the appropriate license. Repairs outside the scope of the Contractor’s license shall be by Sub-contractors with the appropriate Contractor’s licenses and shall adhere to the rules governing subcontracting. See Exhibit G; 9. Use of Sub-contractors.

21. Work Order

A. Contractor shall submit a written estimate for unforeseeable repair services to the

Contract Manager and receive an approved Work Order, prior to performing repair services. Exhibit A, Attachment 1 – Sample Work Order is included for reference.

B. Contractor shall notify and submit a written estimate of required labor and part(s) costs to the Contract Manager and receive an approved work order, prior to ordering or replacement of part(s). Exhibit A, Attachment 1 – Sample Work Order is included for reference.

C. In the case of conflict between the rates identified on Exhibit B – Budget Detail and Payment Provisions, Table 3. Unforeseeable Repair Services and the rates identified in the Work Order, the Budget Detail and Payment Provisions shall prevail.

22. Parts Replacement:

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

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

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.

07/24/2025 A8 of A11 LFEB – Maintenance & Repair

23. Inspection and Maintenance Requirements:

A. Contractor will inspect and service the following equipment basis consistent with section

24. Contractor is responsible for obtaining manufacturer's guidelines for regular maintenance.

Equipment Type

Liquified Petroleum Gas (LPG) / Electric

Manufacturer Model Number Serial Number Location

HVAC LPG Carrier 48SX-842880321AA 2497610320 Residence R4-48

HVAC LPG Carrier 48SX-042080321AA 0297G10289 Residence R4-49

HVAC LPG Carrier 48SX-042080328AA 0797G10277 Residence R4-52

HVAC LPG Goodman Co. GP1442060M41AB 1708074603 Residence R4-53

HVAC LPG Carrier RRNA-B042JK08X

267100ADAF33

0805182

Residence R4-54

HVAC LPG Carrier 48SX-042080321AA 0497G10190 Residence R4-55

HVAC LPG Rheem RRPLB036JK06X

267439ADBAF3

11103920

Office

Walk-in Freezer

LPG Bohn ADT156aJ D96M04652 Meat Building

Walk-in Refrigerator

LPG Bohn Unknown unknown Meat Building

Ice Machine Electric Hoshiziki KM-1301SAH E18528J Meat Building

Domestic water system -pumps

Electric Baldor JML3608T 363510w915 Domestic Water Building

Domestic water system – Filters

N/A South Gate Engineering

Unknown 20662/3 Domestic Water Building

Domestic Water System Pressurizati on Tanks

N/A Flexcon Industries

120-PC366 95033-04094

Domestic Water Building

07/24/2025 A9 of A11 LFEB – Maintenance & Repair

B. Provide procedures shown below as a minimum in addition to any additional measures required by the manufacturer for appropriate service intervals. Include as part of Exhibit B, Table 1, all parts whose replacement is a scheduled part of regular maintenance.

1. Walk-in freezer/refrigerator – Once Annually - will be checked for the following:

• Clean condenser coils with chemicals and power sprayer, reverse air flow

• Clean evaporator coils

• Clean all electrical for frayed, cut or damaged cords, contractors, tight, burning or pitting

• Clean debris off the fans

• Check fans for balance

• Clean fan grills

• Check blower motor for proper operation

• Check motor bearings for drag

• Check thermostats vs actual thermometer

• Check condenser fan for proper operation and clean

• Check defrost cycle to ensure that cycle is operating properly

• Remove all ice from freezer coils

• Clean all drain lines (Must be solid and secure to drain drop, with no leaking)

• Check airflow inside unit (Stored product is not blocking air flow to the Evaporation coil)

• Check temperature setting against thermometer

• Check for proper operation of entire unit

• Check door heat strips, door tension, and repair/replace doors and locks if needed

• Check door gaskets for complete seal

• Check for an even airflow and temperature throughout walk-in coolers and freezers

2. Ice Machine – Quarterly - maintenance service on a Manitowoc 30-inch ice machine will be:

• Contractor agrees to provide all materials and tools required to perform maintenance services on all equipment listed per manufacturer’s specifications.

• The maintenance will include but are not limited to cleaning the condenser and evaporator coils, clean evaporator motors and fan covers, clean condensate pans, clear drain liners as needed, check sight glass, door seals, time clocks, pressure controls, fan motors, loose wiring, and the fan cycle switch.

Additionally, once annually during the quarterly maintenance, the ice machine will be checked for the following in addition to the quarterly maintenance items:

• Clean and sanitize the water system.

• Clean air filters on air-cooled models.

• Check external filter system and change cartridges as needed.

• Check inlet water valve screens.

• Conduct bearing and auger inspection on extruded ice makers.

• Conduct a visual inspection of components, controls, and wiring for oil spots, loose wires, loose fasteners, corrosion, etc.

• Clean the bin interior and unit exterior

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3. HVAC - Twice per year - all HVAC units shall be checked for the following as applicable to heating or cooling. Cost of filter and installation will be included in the maintenance cost.

• Check relays and fan control

• Check and lubricate outdoor fan motors

• Check compressors for proper operation

• Check and lubricate units

• Check indoor fan bearings

• Check refrigerant charges

• Check and tighten electrical connections as necessary

• Replace current filters with new efficiency filters

• Check superheat settings expansion valves

• Clean condenser coils

• Check condensate line

• Check air ducts

• Clean units of dust, cobwebs and debris

• Check heating services

• Check heater controls and safety devices for proper operation

• Check burners, gas, air mixtures, gas pressure, heat exchangers for cracks and obstructions, thermostats, fan controls, indoor fan motors and lubricate bearings to ensure that all units are operating properly

• Check electrical breakers for operation

4. Domestic water building maintenance at CDFW SJH - Once Annually:

• Conduct annual visual inspection of components, control, and wiring for loose wires, loose fasteners, corrosion etc.

• Check and clean sand filters as needed

• Check inlet water valve system

• Repair or replace fans as needed

• Check fans for proper operation

• Check and repair all leaking waterlines as needed

• Drain pressure tanks of settled debris.

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

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24. Schedule of Completion Dates:

Initial maintenance scheduling will begin upon contract finalization, subsequent maintenance will occur as noted in table below after contract finalization. Contractor to contact contract manager to coordinate scheduling.

Activity Anticipated Due Date*

HVAC Service October and March of each year

Ice Machine Service January, April, July, October of each year

Walk in Freezer/Refrigerator Service March of each year

Domestic Water Building April of each year

*Changes to due dates must be agreed upon in writing by the Contractor and CDFW Contract Manager.

CONTRACT TITLE P2XXXXXX

EXHIBIT A, ATTACHMENT 1 – SAMPLE WORK ORDER

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Sample Work Order

Between California Department of Fish and Wildlife (CDFW), and Contractor Name

Work Order:

Contract: P2XXXXXX

The parties mutually agree to this Work Order (WO). All terms and conditions of the original Agreement shall remain in full force and effect. The scope of work for this WO is described below.

Work Title:

Description of work:

Estimated Number of Hours:

Labor Hourly Rate ($/hour):

Part(s) Cost ($):

Total Cost Estimate ($):

Site Contact: Email: Phone: ( ) -

Description of work and validation of cost according to original Agreement.

Start Date:

End date:

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

Contract Manager Project Director

Name: Name:

Title: Title:

Signature: Signature:

Date: Date:

SJH FACILITY SYSTEMS MAINTENANCE AND REPAIR P2540012

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

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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. The 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: William Branch Senior Hatchery Supervisor

Region / Division: CDFW Central Region

Address: P.O. BOX 247 Friant, CA 93626

Email: Sanjoaquin@wildlife.ca.gov

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

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

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

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

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

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

I. Five percent (5%) shall be retained from each progress payment and held by the State as partial security for the fulfillment of the contract by the Contractor. The State shall pay the Contractor the value of such work, as estimated therein, after deducting therefrom all previous payments, and all amounts to be retained under the provisions of this Agreement. Final retention shall be held thirty (30) calendar days from final

SAM

mailto:Sanjoaquin@wildlife.ca.gov

04/28/2025 B2 of B6 LFEB-Maint&Repair inspection and acceptance of the completed scope of work and then released upon receipt of invoice.

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

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

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

L. The invoice shall contain the following information:

1. The word “Invoice” should appear in a prominent location at the top of the page(s);

2. Printed name of the Contractor;

3. Business address of the Contractor including P.O. Box, City, State, and Zip Code;

4. Name of the Region/Division of the Department of Fish and Wildlife being billed;

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

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

7. An itemized account of the services for which the Department of Fish and Wildlife is being billed. Include all of the following:

a. The time period covered by the invoice, i.e., the term “from” and “to”;

b. A description of the services performed based on Items identified in Item 4;

“Budget Detail”;

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

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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.

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

3. Prompt Payment Clause

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

4. Budget Detail

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

04/28/2025 B4 of B6 LFEB-Maint&Repair

Table 1: Inspection and Maintenance Services

1Description 2Quantity 3Rate Unit Price Total

Twice Annual Inspection and Maintenance of HVAC

Flat Rate Each

Service

Annual Inspection and Maintenance of Walk-in Freezer/Refrigerator

Flat Rate Each

Service

Annual Inspection and Maintenance of Ice Machine

Flat Rate Each

Service

Quarterly Inspection and Maintenance of Ice Machine

10 Flat Rate Each Service

Annual Inspection and Maintenance of Domestic Water Building

Flat Rate Each

Service

Inspection and Maintenance Total Table 1: $

1Refer to Exhibit A, Section 23. Inspection and Maintenance Requirements for Equipment information 2Quantity is an estimate only. Contractor will be reimbursed for services provided only.

3Rate must include all labor, materials, tools, equipment, taxes, and incidentals necessary for inspection, maintenance, and servicing.

(Document continues on next page)

04/28/2025 B5 of B6 LFEB-Maint&Repair

Table 2: Foreseeable Repair Services

1Description of Service, Repair or

Replacement

Number of Labor

Hours for

Repair (A)

2Hourly Labor Rate (B)

Parts Cost

(Each) (C)

Replacement/ Repair Total

(AxB)+(C)=(D)

3Estimated Number of

Repairs (E)

Estimated Total (DxE)

Replace Water pump in domestic water building (Baldor

JML3608T)

$ $ $ 1 $

Replace HVAC Fan Motor (Carrier 48SX-

042080321AA)

$ $ $ 3 $

Replace Pressure tank in domestic water building (119 gallon, 125 PSI)

$ $ $ 1 $

Add additional refrigerant in HVAC unit (6 pounds)

$ $ $ 5 $

Replace Freezer Fan Motor (LET160BJ single phase 60hz 1/15hp)

$ $ $ 1

Foreseeable Repair Total Table 2: $

1Refer to Exhibit A, Section 23. Inspection and Maintenance Requirements for Equipment information 2Rate must include all labor, materials, tools, equipment, taxes, and incidentals necessary for inspection, maintenance, and servicing.

3Quantity is an estimate only. Contractor will be reimbursed for services provided only.

(Document continues on next page)

04/28/2025 B6 of B6 LFEB-Maint&Repair

Table 3: Unforeseeable Repair Services

Type of Service 1Rate

(per hour or %)

2Estimated Number of Hours or Amount Subtotal

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

$ /Hour 72 $

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

$ /Hour 16 $

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

$ /Hour 24 $

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

$ /Hour 8 $

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

______% $6,000

3 See below for formula

Parts Allowance (Not to exceed)

$6,000 $

Unforeseeable Repair Total Table 3: $

1Rate must include all labor, materials, tools, equipment, taxes, and incidentals necessary for inspection, maintenance, and servicing.

2Quantity is an estimate only. Contractor will be reimbursed for services provided only.

3Subtotal formula = (X%/100) x $Y. Example: (25/100) x $4,000.00 = $1,000.00

Table 4: Total Contract Amount

Table No.

Table Title Total

1. Inspection and Maintenance Services

2. Foreseeable Repair Services

3. Unforeseeable Repair Services

TOTAL: Sum of Tables 1, 2, and 3

The Contractor will be reimbursed for actual services rendered as requested and approved by the CDFW Contract Manager. The Contractor will be reimbursed at the costs identified above.

California Department of Fish and Wildlife Exhibit 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…