P2620005__Sample_Contract__v2_.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2620005 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2620005

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

CONTRACTING AGENCY NAME

California Department of Fish andWildlife (CDFW)

CONTRACTOR NAME

To Be Determined (TBD)

2. The term of this Agreement is:

START DATE

Upon California Department of General Services Approval date

THROUGH END DATE

June 30, 2029

3. The maximum amount of this Agreement is:

To Be Determined

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 5

Exhibit B Budget Detail and Payment Provisions 3

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

Exhibit D Additional Provisions 10

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

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

INWITNESSWHEREOF, THIS AGREEMENTHASBEEN EXECUTEDBY THE PARTIES HERETO.

CONTRACTOR

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

To Be Determined (TBD)

CONTRACTOR BUSINESS ADDRESS

TBD

CITY STATE ZIP

PRINTED NAME OF PERSON SIGNING

TBD

TITLE

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTING AGENCY ADDRESS

P.O. Box 944209

CITY

Sacramento

STATE

CA

ZIP

94244

PRINTED NAME OF PERSON SIGNING

AmyMowrer

TITLE

Branch Chief - Business Management Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)

California Department of Fish and Wildlife Agreement Number: P2620005 Exhibit A – Scope of Work Contractor: To Be Determined

(Version 05/2024)

1. Introduction of Services

The Contractor agrees to provide to the California Department of Fish and Wildlife (CDFW) septic tank inspection, pumping and waste disposal services in accordance with the specifications, terms, and conditions contained herein.

2. Location of Services

The services will be performed at the following location(s):

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

North Central Region 2 Headquarters (NCR 2 HQ) 1701 Nimbus Rd. Ste. A, Rancho Cordova, Sacramento County, CA 95670

Office of Spill Prevention and Response (OSPR) 1995 Nimbus Rd., Rancho Cordova, Sacramento County, CA 95670

3. Service Schedule

The services will be provided between standard business hours, except on holidays. The Contractor will be required to obtain agreement, in writing, from the CDFW Contract Manager for any changes to the service schedule.

4. Project Officials

CDFW Project Officials Contractor Project Officials

Contract Manager Project Director Name: Alice Fong Name: TBD Phone: (916) 618-1770 Phone:

Email: alice.fong@wildlife.ca.gov Email:

Address: 1701 Nimbus Road, Ste. A

Rancho Cordova, CA 95670 Address:

Direct all inquiries to: Direct all inquiries to:

CDFW – Administration/Region 2 Name: Julie Langley Name: Same as above Address: 1701 Nimbus Road, Ste. A Address:

Rancho Cordova, CA 95670 Phone: (916) 358-4420 Phone:

Email: julie.langley@wildlife.ca.gov Email:

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

mailto:alice.fong@wildlife.ca.gov mailto:julie.langley@wildlife.ca.gov

5. Scope of Work

A. Background and Objectives

Four (4) septic tanks are located at the North Central Region (NCR) complex in Rancho Cordova, CA. There are two (2) two thousand five hundred (2,500) gallon tanks at American River Trout Hatchery (ARTH), one (1) one thousand (1,000) gallon tank at Office of Spill Prevention and Response (OSPR) and one (1) five thousand (5,000) gallon tank at North Central Region 2 Headquarters (NCR 2 HQ).

The septic tanks at ARTH are mandated by a water quality permit through the California Integrated Water Quality System (CIWQS), a division of the California State Water Resources Control Board. CIWQS mandates the tanks to be emptied once annually.

B. Work to be Performed

1. The Contractor will provide the following services:

a) Task 1: Inspect septic tank

i. The Contractor will inspect the septic tanks at ARTH and OSPR on an annual basis, and on a semi-annual basis at NCR 2 HQ. The Contractor is responsible for obtaining manufacturer’s guidelines for regular maintenance.

ii. Objectives and Deliverables:

• Inspect the septic tank at OSPR each fiscal year in the month of September and let the Contract Manager know if there are any concerns.

• Inspect the septic tanks at ARTH each fiscal year in the month of October and let the Contract Manager know if there are any concerns.

• Inspect the septic tank at NCR 2 HQ each fiscal year in the months of May and October and let the Contract Manager know if there are any concerns.

b) Task 2: Pump septic tanks and dispose of waste

i. The Contractor will pump the septic tanks at ARTH and OSPR on an annual basis, and on a semi-annual basis at NCR 2 HQ. The service will include all equipment, tools, supervision, transportation, labor, operating supplies, and incidentals necessary to pump, recharge, cleanup, disinfect and dispose of all waste products removed from the tanks.

ii. Objectives and Deliverables:

• Pump the septic tank at OSPR each fiscal year in the month of September.

• Pump the septic tanks at ARTH each fiscal year in the month of October.

• Pump the septic tank at NCR 2 HQ each fiscal year in the months of May and October.

• The Contractor will empty the septic tanks and properly dispose of the waste in accordance with state and federal regulations.

• The Contractor will ensure that waste will not be introduced into any body of water.

• The Contractor will not allow any spilled waste to collect on the ground or edge of the septic lid to become a possible health risk, attractant for flies, or an odor problem.

• All debris removed from the vault will be placed into a leak proof container so no contamination to the surrounding ground will result.

• The Contractor will clean up and disinfect all contaminated areas resulting from the pumping process.

• The Contractor will be responsible for making disposal arrangements, including disposal of all effluent, debris, and trash along with the payment of these fees. Disposal will conform to all federal, state, and local laws and ordinances.

C. Reports

1. The Contractor will provide the Contract Manager with a copy of the waste disposal receipt for the septic tanks pumped.

2. Each receipt needs to include the following information:

a) Service Date

b) CDFW Facility and Tank Location

c) Volume of Waste Removed (Gallons)

d) Approved Disposal Facility Name and Address

e) Disposal facility operator signature, electronic verification or other official confirmation verifying acceptance of the waste.

D. Schedule of Completion Dates

Activity Anticipated Due Date Each Year *

Task 1

OSPR – September

ARTH - October NCR 2 HQ - October/May

Task 2

OSPR – September ARTH – October

NCR 2 HQ – October/May

*Changes to due dates must be agreed upon in writing by the Contractor and CDFW Contract Manager. Due dates must fall within the term of the contract.

6. Contractor Minimum Qualifications/Requirements

A. The Contractor and any subcontractors must currently be registered and have a permit issued by the County Environmental Health Department to pump, transport, and dispose of the septic tank waste. All permits and registrations will remain valid for the duration of the contract.

B. The Contractor must comply with and ensure that all employees, subcontractors, and agents comply with all requirements of the Department of Transportation (DOT) regulations regarding waste transportation under this contract. Information regarding complete compliance with these regulations must be carried on transport vehicles and maintained at facilities where waste is received, stored, or handled during transportation.

C. The Contractor will obtain and maintain all required permits, registrations, and approvals from the appropriate regulator agencies throughout the term of the contract and documentation will be provided to the State upon request. Information regarding complete compliance with these regulations will be carried on transport vehicles and maintained at facilities where waste is received, stored, or handled during transportation.

The Contractor and subcontractor must comply with the California Vehicle Code, California Highway Patrol (CHP), Title 13, California Code of Regulations; the California Fire Marshal regulations, Title 19, California Code of Regulations; and United States Department of Transportation regulations (49 CFR). The Contractor and subcontractor must comply with the California Health and Safety Code and Title 22, California Code of Regulations administered by the California Department of Toxic Substance Control and any other laws and regulations affecting the work under this contract.

7. Insurance Requirements

The Contractor will be required to maintain the following insurance coverage throughout the duration of this agreement and must supply proof of coverage upon request by CDFW.

Insurance must be in accordance with the Exhibit D CDFW Additional Provisions.

A. Commercial General Liability (limits not less than $1,000,000 per occurrence with a $2,000,000 annual policy aggregate)

B. Automobile Liability (limits not less than $1,000,000 combined single limit per accident)

C. Pollution Liability (limits not less than $1,000,000 each occurrence and $2,000,000 aggregate which may include Pesticide/Herbicide Applicator Coverage if applicable, or its equivalent)

D. Workers Compensation and Employers Liability (limits of $1,000,000 are required.

The waiver of subrogation endorsement must also be provided).

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”.

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: To Be Determined

(Version 01/2024)

1. INVOICING AND PAYMENT

A. For services satisfactorily rendered, and upon receipt and approval of the invoice(s), the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein.

B. The Contractor will be paid no more frequently than every thirty (30) days, in arrears, upon submission of an invoice, which properly details all charges, expenses, direct and indirect costs. Invoices must be submitted to:

Contract Manager: Alice Fong

CDFW Region / Division: NCR Region 2 / Administration

Email: alice.fong@wildlife.ca.gov

C. The invoice will be forwarded to the California Department of Fish and Wildlife

(CDFW) Accounting Claims Section by the CDFW Contract Manager. Payment of any invoice will be made only after receipt of a complete, supported, documented, and accurately addressed invoice. All invoices must be approved by the Contract Manager.

D. The invoice must contain the following information:

1. The word “Invoice” 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 CDFW Region/Division being billed (see section 1.B. above)

5. The date of the invoice and the time period covered

6. The agreement number upon which the claim is based

7. An itemized account of the services for which the CDFW 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

c. The method of computing the amount due based on a line item budget/cost reimbursement method. Payments will be made by the State to the Contractor, in arrears, upon receipt of an itemized invoice showing the time period covered and the work items accomplished. The invoice must be itemized using the categories and following the format of the attached budget.

d. 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 mailto:alice.fong@wildlife.ca.gov

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: To Be Determined computations appearing on the invoice; the total amount due must include all costs incurred by the Contractor under the terms of this agreement; and

e. The original or verified electronic signature of the Contractor (not required of established firms or entities using preprinted letterhead invoices).

8. 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 will be made in the payment of these invoices.

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 will be of no further force and effect. In this event, the State will have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor will 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 will 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. ADVANCE PAYMENTS, ASSEMBLY BILL 590

A. Advanced payments (not exceeding 25% of contract amount) may be authorized by the State to community based private nonprofit agencies that satisfy the minimum requirements outlined in Government Code 11019.3 (c)(2)(A)(i-viii).

B. The private nonprofit agency must demonstrate status in good standing under Section 501(c)(3) of the Internal Revenue Code, provide supporting documentation, and receive approval from the CDFW Contract Manager.

C. Advanced payment funds must be deposited into a federally insured account in the Contractor’s name that provides the ability to track interest earned and withdrawals.

Any accumulated interest will be deemed to be contract money and subject to federal and state laws and regulations.

https://casetext.com/statute/california-codes/california-government-code/title-2-government-of-the-state-of-california/division-3-executive-department/part-1-state-departments-and-agencies/chapter-1-state-agencies/article-1-general/section-110193-effective-112024-expansion-of-existing-advance-payment-practices-for-state-grants-and-contracts-with-nonprofits

Exhibit B – Budget Detail and Payment Provisions <Insert Contractor Name>. Contractor: To Be Determined

D. The Contractor must provide progress reports on the expenditure of advanced funds (no less than quarterly) that include a summary of the work to be completed, proof of expenditure, and other associated information determined by the CDFW Contract Manager.

E. Funding provided as advance payment but not expended within the contract period must be returned to CDFW.

4. PROMPT PAYMENT CLAUSE

Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5, commencing with Section 927.

5. TIMELY SUBMISSION OF FINAL INVOICE

A final undisputed invoice must be submitted for payment no more than thirty (30) calendar days following the expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the Contract Manager. Said invoice should be clearly marked “Final Invoice,” thus indicating that all payment obligations of CDFW under this Agreement have ceased and that no further payments are due or outstanding.

6. LINE ITEM BUDGET

The Contractor will provide to CDFW septic tank inspection, pumping and waste disposal services in accordance with the specifications, terms, and conditions contained herein, at the unit rates noted below. Rates include all Contractor costs including but not limited to labor, shipping, transportation, taxes, travel, parking and all other expenses necessary under the performance of this contract.

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 flat rates identified below to a total cost that must not exceed To Be Determined (TBD).

Item Number of Units

Rate Per Service

Location

Total # of

Services Total

1,000 Gallon Septic Tank

(OSPR)

1 X $ TBD X 3 = $ TBD

2,500 Gallon Septic Tank

(ARTH)

2 X $ TBD X 3

$ TBD

5,000 Gallon Septic Tank

(NCR2 HQ)

1 X $ TBD X 6 = $ TBD

Total Agreement Amount Must Not Exceed $ TBD

Exhibit D - Additional Provisions