P2620001_Complete_Agreement_Sample.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2620001 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2620001

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, 2029

3. The maximum amount of this Agreement is:

TBD

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages

Exhibit A Scope of Work 10

Exhibit A, Attachment 1 Sample Work Order 1

Exhibit B Budget Detail and Payment Provisions 6

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

Exhibit E Federal Provisions (Federal Funds) 4

Exhibit G Additional Provisions (Public Works) 20

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 SIGNEDSAM

PLE

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2620001 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2620001

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)

SAM

GENERATOR MAINTENANCE AND REPAIR P2620001

TBD

EXHIBIT A – SCOPE OF WORK

07/24/2025 A1 of A10 LFEB – Maintenance & Repair

1. Description:

The Contractor will provide to the California Department of Fish and Wildlife (CDFW): labor, materials, tools, equipment, and incidentals necessary for yearly inspection, maintenance, and servicing of two (2) diesel generators and one (1) propane generator in accordance with the specifications, terms, and conditions contained herein. All inspection and maintenance work will ensure that the equipment continues to function properly and safely.

2. Locations of Services:

Nimbus Fish Hatchery (NFH) 2001 Nimbus Road, Rancho Cordova, Sacramento County, CA 95670

American River Trout Hatchery (ARTH) 2101 Nimbus Road, Rancho Cordova, Sacramento County, CA 95670

3. Contract Term:

Upon DGS approval through June 30, 2029

4. License Required:

A - General Engineering Contractor C-10 – Electrical 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: Drew Gaan (NFH) Name: XXX Contractor

Phone: 916-358-2821 Phone: (XXX) XXX-XXXX

Email: Andrew.Gaan@wildlife.ca.gov Email: XXXXXXXXXX

Address:

2001 Nimbus Rd Rancho Cordova, CA 95670

Address: XXXXXXXXXX

CDFW Facility Managers

Name: Drew Gaan (NFH) Name: Dale Burkett (ARTH)

Phone: 916-358-2821 Phone 916-358-2865

Email: Andrew.Gaan@wildlife.ca.gov Email Dale.Burkett@wildlife.ca.gov

Address:

2001 Nimbus Rd Rancho Cordova, CA 95670

Address 2101 Nimbus Rd Rancho Cordova, CA 95670 mailto:Andrew.Gaan@wildlife.ca.gov mailto:Andrew.Gaan@wildlife.ca.gov mailto:Dale.Burkett@wildlife.ca.gov

07/24/2025 A2 of A10 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. 2025 California Code of Regulations (CCR) B. 2025 California Administrative Code (CAR), [California Code of Regulations (CCR), Title 24, Part 1] C. 2025 California Building Code (CBC), Volumes 1, and 2, (CCR, Title 24, Part 2) (Based on

2024 International Building Code with 2025 California Amendments) D. 2025 California Residential Code (CRC), (CCR, Title 24, Part 2.5), (Based on 2024

International Residential Code) E. 2025 California Electrical Code (CEC), (CCR, Title 24, Part 3) (2023 National Electric Code

(NEC) with 2025 California Amendments) F. 2025 California Mechanical Code (CMC), (CCR, Title 24, Part 4) (Based on 2024 Uniform

Mechanical Code with 2025 California Amendments) G. 2025 California Plumbing Code (CPC), (CCR, Title 24, Part 5) (Based on 2024 Uniform

Plumbing Code) H. 2025 California Energy Code, (CCR, Title 24, Part 6) I. 2025 California Historical Building Code, (CCR, Title 24, Part 8) J. 2025 California Fire Code (CFC), (CCR, Title 24, Part 9) (Based on 2024 International Fire

Code) K. 2025 California Existing Building Code, (CCR, Title 24, Part 10), (Based on the 2024

International Existing Building Code) L. 2025 California Green Building Standards Code, (CCR, Title 24, Part 11) M. 2025 California Referenced Standards Code, (CCR, Title 24, Part 12):

NFPA 13 - Automatic Sprinkler Systems w/ CA Amendments 2025 Edition NFPA 14 - Standpipe Systems w/ CA Amendments 2024 Edition NFPA17a - Wet Chemical Systems 2024 Edition NFPA 20 - Stationary Pumps 2025 Edition NFPA 24 - Private Fire Mains w/ CA Amendments 2025 Edition NFPA 72 - National Fire Alarm Code w/ CA Amendments 2025 Edition NFPA 2001 - Clean Agent Fire Extinguishing Systems 2025 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

N. Reference Code Sections for Applicable Standards:

2025 CBC, Chapter 35 2025 CFC, Chapter 80

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

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

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

07/24/2025 A3 of A10 LFEB – Maintenance & Repair

R. 2025 California Access Compliance Advisory Reference Manual (As prepared by the Division of the State Architect Office, published on January 1, 2025, effective July 1, 2026)

S. Department of Transportation (DOT) Standard Specifications and/or Plans; State of California, DOT, 2025

T. Underwriters Laboratories, Inc. (UL Standards)

Additional Codes:

A. American Concrete Institute (ACI), Latest Edition B. American Society for Testing and Materials (ASTM), Latest Edition C. Steel Construction Manual, American Institute of Steel Construction, (AISC), 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 $25,000.00 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.

07/24/2025 A4 of A10 LFEB – Maintenance & Repair

11. Work Schedule:

Inspection/Maintenance Services will be provided during normal working hours (Monday through Friday from 8:00 a.m. to 3:00 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 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.

07/24/2025 A5 of A10 LFEB – Maintenance & Repair

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 generators for facility buildings.

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

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

Equipment and parts are referenced in Exhibit B, Table 2, Foreseeable Repair Services.

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

Rates, specified in Exhibit B, Line-Item Budget, Table 3, Unforeseeable Repair Services.

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

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

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

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

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

Contractor provided they have the appropriate license. Repairs outside the scope of the

07/24/2025 A6 of A10 LFEB – Maintenance & Repair

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

20. Urgent Repairs:

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

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

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

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

E. Urgent services provided by the Contractor, will be charged at the Contractor’s urgent

Repair Service-Hourly Rates, specified in Exhibit B, Line-Item Budget, Table 3, Urgent Repair Services.

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

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

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

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

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

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

Contractor provided they have the appropriate license. Repairs outside the scope of the Contractor’s license shall be by Sub-contractors with the appropriate Contractor’s

07/24/2025 A7 of A10 LFEB – Maintenance & Repair 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 A10 LFEB – Maintenance & Repair

23. Inspection and Maintenance Requirements:

A. Contractor will inspect and service the following equipment on an annual basis. Contractor is responsible for obtaining manufacturer's guidelines for regular maintenance.

Generators Fuel type

Manufacturer Model Number Serial

Number Location

(NFH)

Cummins Generator

Diesel Cummins QSB5-G6 I170244456

Nimbus Fish Hatchery 2001 Nimbus Rd.

Rancho Cordova

(ARTH)

Cummins Generator

Propane Cummins GGHH-1524150 J150879943

American River Trout Hatchery 2101 Nimbus Rd.

Rancho Cordova

(ARTH)

Blue Star Power Systems

Diesel Blue Star Power Systems

VD150-04FT4 TBD

American River Trout Hatchery 2101 Nimbus Rd.

Rancho Cordova

*Blue Star Power Systems generator is being replaced in 2026

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

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

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.

07/24/2025 A9 of A10 LFEB – Maintenance & Repair

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 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.

iv. Check pressure. Add coolant as necessary to required levels.

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

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

f. Test transfer System

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 thirty (30) minutes loaded no less than forty percent (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 service schedule.

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.

07/24/2025 A10 of A10 LFEB – Maintenance & Repair

24. Schedule of Completion Dates:

Dates and times are subject to change based on workflow and the needs of each individual hatchery. Annual inspection should be scheduled two (2) weeks in advance and courtesy three

(3) days’ notice before inspection occurs.

Activity Anticipated Due Date*

Annual Inspection January 2027

Annual Inspection January 2028

Annual Inspection January 2029

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

EXHIBIT A, ATTACHMENT 1 – SAMPLE WORK ORDER

07/24/2025 A-1 1 of A-1 1 LFEB – Sample Work Order

Sample Work Order

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

Work Order:

Contract: P2620001

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: Andrew “Drew” Gaan Name: TBD

Title: Hatchery Manger I Title:

Signature: Signature:

Date: Date:

EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS

04/28/2025 B1 of B6 LFEB-Maint&Repair

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 Analyst: Floyd Fowler, SSA

Region / Division: Region 2 / Fisheries

Address: 2001 Nimbus Rd, Rancho Cordova CA 95670

Email: floyd.fowler@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 Analyst.

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

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

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

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

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

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

SAM

mailto:floyd.fowler@wildlife.ca.gov

04/28/2025 B2 of B6 LFEB-Maint&Repair 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.

04/28/2025 B3 of B6 LFEB-Maint&Repair

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 WRTTEN DOLLAR 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

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)

1Description 2Quantity 3Rate Unit Price Total

Annual Inspection and Maintenance of:

Cummins Generator Model: QSB5-G6

SN: I170244456

Flat Rate Each

Unit

Annual Inspection and Maintenance of:

Cummins Generator Model: GGHH-1524150

SN: J150879943

Flat Rate Each

Unit

Annual Inspection and Maintenance of:

Blue Star Power Systems Model: VD150-04FT4

SN: TBD

Flat Rate Each

Service

Inspection and Maintenance Total Table 1:

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

Table 2: Foreseeable Repair Services

1Description of Service, Repair or Replacement

Numb er 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 Heater Block Cummins Generator Model QSB5-G6

$ $ $ 1 $

Replace (2) 12-volt Batteries Cummins Generator Model QSB5-G6

$ $ $ 1 $

Replace coolant (fluid oz) to manufacturer recommendation Cummins Generator Model QSB5-G6

$ $ $ 1 $

Diagnostic Visit $ $ $ 6 $

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) SAM

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 48 hours $

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

$ /Hour 4 Hours $

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

$ /Hour 48 Hours $

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

$ /Hour 4 Hours $

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

______% $5,000.00

3 See below for formula

Parts Allowance (Not to exceed)

$5,000.00 $5,000.00

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 $5,000.00 = $1,250.00

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 E – Federal Provisions (Federal Funds)

Version 8.16.24

FEDERAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. COMPLIANCE WITH FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY

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

13. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT:

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

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

14. BUILD AMERICA, BUY AMERICA ACT:

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

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

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

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

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

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

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

Exhibit G – Additional Provisions (Public Works)

12/02/2025 G 1 of G 20

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 California Department of Fish and Wildlife (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…