HomeMy WebLinkAboutC-3481(E) - Standard Agreement #P0650019 (for Construction of Adminstrative Wing of the Back Bay Science Center BBSC)STATE OF CALIFORNIA
I STANDARD AGREEMENT
STD 213 (Rev 06/03)
V
AGREEMENT NUMBER
P0650019
REGISTRATION NUMBER
ls() 1. This Agreement is entered into between the State Agency and the Contractor named below:
I STATE AGENCY'S NAME
V Department of Fish and Game
CONTRACTOR'S NAME
City of Newport Beach
2. The term of this February 28, 2007 Through April 30, 2008
Agreement is: The effective date of this contract is either the start date or the approval date by the Department of
General Services which ever is later. Nor work shall commence until the effective date.
3. The maximum amount $ 900,000.00
of this Agreement is: Nine hundred thousand dollars and no cents
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.
Exhibit A — Scope of Work 2 pages
Exhibit B — Budget Detail and Payment Provisions 2 pages
* Exhibit C — General Terms and Conditions GTC 306
Exhibit D — DFG Additional Provisions 6 pages
Items shown with an Asterisk (' , are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (Uotherthan an Indh4dmi, state whethera corporation, partnership, etc)
City of Newport Beach
MMA
0
PRINTED NAME AND TITLE QF PERSON SIGNING
Homer Bludau, City Manager
ADDRESS
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, CA 92658-8915
DATE SIGNED(Do not type)
STATE OF CALIFORNIA I
AGENCY NAME
Department of Fish and Game
BY (A ed Signature) DATE SIGNED(Do not type)
PRINTELI NAME AND TITLE OF PERSON SIGI1!9 (�'
Renee Renwick, Assistant Deputy Director, Administration
ADDRESS /
1416 9"' Street. (�
Sacramento, CA 95814
Calffomia Department of Genera/
Services use only
APPROVED
i
i r
MAY -1 X007
Ftp OF GENERAL SER�11(i'
per:
EXHIBIT A — SCOPE _ . WORK City of Newport Beach
(DFG EXA 08/05) P0650019
Page 1 of 2
- Construction of the Administration Wing
1. The contractor agrees to provide the State Department of Fish and Game (DFG) construction work as
described herein:
The Contractor is responsible for construction of the Administration Wing of the Back Bay Science Center
(BBSC) to support environmental conservation and education, and to provide the facilities necessary to
conduct management, maintenance and monitoring of non -game resources at the Upper Newport Bay
Ecological Reserve.
2. These services shall be performed at Shellmaker Island, Upper Newport Bay Ecological Reserve, in
Orange County, California.
3. The Contractor shall perform services on an "as -needed" basis as determined by the Contract Manager.
4. The Project Officials during the term of this agreement will be:
DFG Contract Manger:
Name:
Ms. Theresa A. Stewart
Title:
Supervising Biologist
Address:
Department of Fish and Game
South Coast Region
4949 Viewridge Avenue
Phone:
San Diego, CA 92123
Phone:
(858) 467-4209
FAX:
(858) 467-4239
E-mail:
tstewartdfg.ca.gov
5. Scope of Work
A. Background and Objectives
City of Newport Beach Contract Manager:
Name:
Mr. Lloyd Dalton
Title:
Engineer
Address:
City of Newport Beach
3300 Newport Blvd, P.O. Box 1768
Newport Beach, CA 92658-8915
Phone:
(949) 644-3328
FAX:
(949) 644-3308
E-mail:Ida lton
city.newport-beach.ca.us
The Back Bay Science Center (BBSC) is a cooperative project undertaken by DFG, the City and the County
of Orange (each a party and together, the Parties). The Parties
entered into a Memorandum of Understanding in August, 2002, and then again a Cooperative Agreement in
August 2004, defining the project and formalizing the commitment to fund and establish the BBSC.
The City, under Contract #P0180115 and under Contract #P0380039 with DFG and with contributions of
City and County funds, has prepared plans and specifications for construction of the BBSC, has entered into
contracts with Construction firms, and is currently administering contracts that have begun construction of
the BBSC. The construction trades are currently on-site and completing Phase 1 (Teaching Lab, Storage
Wing, Water Quality Lab, and site improvements) of the BBSC.
DFG contributions of funding for the Phase 1 of the Project included Wildlife Conservation and Restoration
Grant Program (WCRP) administered by the U.S. Fish and Wildlife Service and for an associated wetlands
restoration component, the Wildlife Conservation Board. DFG contributions of funding for the Phase 2 of the
Project (this contract) include funds from the Department's budget from the 2006 Non -Game account and
from the 2006 Upper Newport Bay account.
It was known and anticipated at the signing of Phase 1 contract documents that additional, separate funds,
and a separate contract agreement, would be needed to complete Phase 2 of the BBSC project, the
Administration Wing. This contract will conclude construction of the Back Bay Science Center.
EXHIBIT A — SCOPE OF WORK City of Newport Beach
(DFG EXA 08/05) (Continued) P0650019
Page 2 of 2
B. Work to be Performed
All construction and site improvements, and actions needed to undertake them are subject to the approval of
DFG.
The BBSC Administration Wing shall be constructed in accordance with final plans and specifications
approved by DFG, the Final Initial Study and Negative Declaration for the BBSC dated September 23,
2003, the approved Coastal Commission Coastal Development Permit (approved March 2004 and certified
June 2006), and the Cooperative Agreement between the Parties. The construction includes completion of
the exterior (shell) of the Administration Wing, the necessary HVAC, restroom, and the interior tenant
improvements" (TI) such as drywall, ceiling, wall and floor finishes, and electrical fixtures throughout the
building.
The City shall utilize existing contracts to the extent feasible including retaining the project manager to
oversee and manage the construction on Shellmaker Island at Upper Newport Bay Ecological Reserve.
The City shall perform the work necessary to conduct surveys, change orders, requests for information,
inspections, permitting, and preparation of as -built plans and to obtain approvals of plans, specifications and
drawings.
The City shall obtain written or signed approvals from DFG South Coast Region staff on design or
construction amendments which alter the function of any aspect of the BBSC Administration Wing or the site
as defined in the final approved plans and specifications of the BBSC. DFG staff authorized to approve
such amendments are Ms. Theresa Stewart and Ms. Robin Madrid. In the event Ms Stewart or Ms. Madrid
are unavailable, Ms. Kari Lewis of DFG Sacramento is also authorized to approve such amendments.
The City shall meet with DFG Contract Manager upon execution of this contract and as necessary
throughout the tern of the contract.
C. Schedule of Completion Dates:
Activitv
Prepare Contract Amendments for Trades
Award Construction Contracts, per amendments
Notify Contractor(s) of Approval to Proceed
Begin construction of Administration Wing
Complete Construction
D. Reports
Estimated Completion Date
March 2007
April 2007
April, 2007
April, 2007
April, 2008
The City shall submit monthly progress reports to DFG Contract Manager outlining the activities performed
under this contract and raising any issues needing resolution.
EXHIBIT B — BUDGET DETAIL & PAYMENT PROVISIONS City of Newport Beach
(DFG EXB 08/05) P0650019
Page 1 of 2
1. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoice, the State agrees
to compensate the Contractor for actual expenditures incurred in accordance with the rates
specified herein. Invoices shall be submitted to Department of Fish and Game:
Contract Manager: Theresa A. Stewart
Region: South Coast Region
Address: 4949 Viewridge Avenue, San Diego, CA 92123
B. The original and one (1) approved copy of the invoice will be forwarded to the Department of Fish
and Game's Accounting Claims Section by the Contract Manager. 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.
C. The contractor may request monthly payments in the amount of ninety percent (90%) of the overall
percentage of task completion and material in place. Final payment including previous amounts
withheld may be requested within thirty (30) days after completion of the work and its acceptance
by the State.
D. 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 Game being billed;
5. The date of the invoice and the time period covered;
6. The number of the Agreement upon which the claim is based; and,
7. An itemized account of the services for which the Department of Fish and Game is being
billed. Include 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
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 computations appearing on the invoice; the total amount due
shall include all costs incurred by the Contractor under the terns of this
Agreement; and,
e. The original signature of the Contractor (not required of established firms
or entities using pre-printed letterhead invoices).
EXHIBIT B — BUDGET DETAIL & PAYMENT PROVISIONS
(DFG EXB 08/05) (Continued)
2. Prompt Payment Clause
City of Newport Beach
P0650019
Page 2 of 2
Payment will be made in accordance with, and within the time specified in Government Code
Chapter 4.5, commencing with Section 927.
3. Budget Flexibility
Subject to the prior review and approval of the Contract Manager, line item shifts of up to $25,000
or ten percent of the annual contract total, whichever is less, may be made up to a cumulative maximum of
$50,000per fiscal year. Line item shifts may be proposed/requested by either the State or Contractor in
writing and must not increase or decrease the total amount allocated per fiscal year.
Budget Detail
Item
Number
Approximate
Quantity
Items of Work Description
Unit
Price
Item
Total
Construct the
Administrative Wing of the
Back Bay Science Center
(BBSC). Utilize existing
Phase 1 project manager to
1
1 Job
oversee and manage
Flat
$900,000
construction. Construction
Fee
includes Exterior (per plans)
and Interior (drywall, ceiling,
floor and wall finishes, and
fixtures). Perform all worts
necessary to conduct
surveys, change orders,
requests for information,
inspections, permitting, and
preparation of as built plans
and to obtain approvals of
plans, specifications and
drawings. Meet with
Contract Managers as
needed.
TOTAL
$900,000
Phase 2
Construction of Administration Wing of the Back Bay Science Center ......................$800,000
Interior Improvements ............................................. ............... 00,000
Total DFG Contract.........................................:...................................................$900.000
EXHIBIT D — DFG ADDITIONAL PROVISIONS
(DFG AP — Revised 03/06)
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 the availability of funds
through the State's normal budget process.
3. Licenses and Permits: The Contractor shall be an individual or firm licensed to do business in California
and shall obtain at his/her expense, all license(s) and permit(s) required by law for accomplishing any work
required in connection with this Agreement.
a. If you are a Contractor located within the State of California, a business license from the city or county in
which you are headquartered is necessary; however, if you are a corporation, a copy of your
incorporation documents/letter from the Secretary of State's Office can be submitted.
b. If you are a Contractor outside the State of California, you will need to submit to the Department of Fish
and Game (DFG), a copy of your business license or incorporation papers for your respective state
showing that your company is in good standing in that state.
c. In the event any license(s) and/or permits) expire at any time during the term of this Agreement, the
Contractor agrees to provide DFG a copy of the renewed license(s) and/or permit(s) within thirty (30)
days following the expiration date.
d. In the event the Contractor fails to keep in effect, at all times, all required license(s) and permit(s), 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 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 shall have the right to reproduce, publish, and use all such work, or any part thereof, in any
manner and for any purpose 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 -fee, nonexclusive and irrevocable license to reproduce, publish such work, or
any party 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, shall be decided by the following
two-step procedure:
a. The Contractor must provide written notice of the particulars of such disputes to the Contract Manager
or his/her duly appointed representative. The 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
Contract Manager's decision, the Contractor may appeal to the second level. Pending the decision on
appeal, the Contractor shall proceed diligently with the performance of this Agreement in accordance
with the Contract Manager's decision.
b. The second level appeal must indicate why the Contract Manager's decision is unacceptable, attaching
to it, the Contractor's original statement of the dispute withsupporting documents, along with a copy of
the Contract Manager's response. This letter shall be sent to:
Department of Fish and Game
Attention: Deputy Director (or designee)
14169 th Street, 12"' Floor
Sacramento, CA 95814
Page 1 of 6
EXHIBIT D — DFG ADDITIONAL PROVISIONS
(DFG AP — Revised 03/06)
The second level appeal must be filed within fifteen (15) working days upon receipt of the Contract
Manager's decision. Failure to submit an appeal within the period specified shall constitute a waiver of
all such rights to an adjustment of this Agreement.
The Deputy Director, or designee, shall meet with the Contractor to review the issues raised. A written
decision signed by the Deputy Director, or designee, shall 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. Property Acquisitions: Property, as used in this section, shall include:
a. Equipment — Tangible property (including furniture) with a unit cost of $500 or more and a useful life of
four (4) years or more. Actual cost includes the purchase price plus all costs to acquire, install, and
prepare the equipment for its intended use.
b. Furniture — Standard office furnishings including desks, chairs, bookcases, credenzas, tables, etc.
c. Portable Assets — Items considered "highly desirable" because of their portability and value, e.g.,
calculators, typewriters, Dictaphones, cameras and microscopes.
d. Electronic Data Processing (EDP) Equipment — All computerized and auxiliary automated information
handling including system design and analysis, conversion of data, computer programming, information
storage and retrieval, voice, video, and data communications, requisite system controls, simulation and
all related interactions between people and machines.
The Contractor may purchase property under this Agreement only if specified in Exhibit "B° (Budget
Detail and Payment Provisions). Any property purchased by the Contractor with funds provided under
this Agreement shall be the property of the State during the customary depreciable life thereof. The
Contractor shall promptly report any such purchase to the Contract Manager and to the State's Property
Officer. Should this Agreement be terminated for any reason, or upon expiration and failure to negotiate
hereof, all such property shall be returned to the State within the timeframe negotiated between the
Contractor and the State.
Prior written authorization by the Contract Manager shall be required before the Contractor will be
reimbursed for any property purchase not specified in the Budget. The Contractor shall provide to the
Contract Manager all particulars regarding the necessity for such property and the reasonableness of
the cost.
Before property purchases made by the Contractor are reimbursed by the State, the Contractor shall
submit paid vendor receipts identifying the Agreement number, purchase price, description of the item,
serial number, model number, and location, including the street address, where the property will be used
during the term of this Agreement. Said paid receipts shall be attached to the Contractor's invoices.
The Contractor shall keep adequate and appropriate records of all property purchased with Agreement
funds and at the time of purchase, prepare a Property Purchased with State Funds report and submit
one (1) copy to the Contract Manager and one (1) copy to the Property Officer. A copy must be retained
by the Contractor.
The State reserves the right at any to evaluate the cost of property and reimburse at an amount
equal to costs reflected in, but not limited to, Agreements to the State Department of General Services,
Procurement Division, as negotiated with vendors who supply the same type of property.
All property shall be tagged after acquisition by Contractor in aocordance with instructions provided.
The purpose of tagging assets is to designate the assets as belonging to the State. Whatever property
is lost, stolen, or destroyed, the Contractor shall immediately report, the loss, theft, or destruction to the
local law enforcement agency (or the Califomia Highway Patrol {CHP) if the crime occurs on either
state-owned or state leased property) and to the Contract Manager. The Contractor will also prepare a
Property Survey Report.
Page 2 of 6
EXHIBIT D — DFG ADDITIONAL PROVISIONS
(DFG AP — Revised 03/06)
In the case of stolen property, the Contractor shall also complete a CHP Report of Crime on State
Property (STD 99), obtain a copy of the law enforcement agency's report and submit these to the
Contract Manager. The Contractor shall adjust their property records and retain a copy of the Property
Survey Report as documentation.
Losses of State property due to fraud or embezzlement shall be reported in the same manner as
described above. The Contractor shall be charged with any loss and damages to State property due to
the Contractor's negligence.
The Contractor shall, at the request of the State, submit an inventory of property furnished or purchased
under the terms of this Agreement. Such inventory will be required not more frequently than annually.
Upon termination, expiration, or failure to negotiate renewal of this Agreement, all property purchased
with Agreement funds shall promptly be returned to the State. The Contractor shall prepare an
Inventory of State Furnished Property report and submit to the State and shall at that time query the
Contract Manager as to the State's requirements, including the manner and method in returning said
property to the State. Final disposition of such property shall be at the State's expense in accordance
with instructions from the Contract Manager to be issued immediately after receipt of the final inventory.
State policies and procedures applicable to procurement with nonfederal funds shall apply to
procurement by the Contractor under this Agreement provided that procurements conform to applicable
State law and the standards identified in this section. These include but are not limited to: 1) statutes
applicable to State agencies; 2) statutes applicable to State college and university public works projects;
3) the Califomia Constitution governing University of California contracting; 4) the State Administrative
Manual; 5) statutes applicable to specific local agencies; and 6) applicable city and county charters and
implementing ordinances including policies and procedures incorporated in local government manuals or
operating memoranda.
7. Income Restrictions: The Contractor agrees that any refunds, rebates, credits, or other amounts (including
any interest thereon) accruing to or received by the Contractor under this Agreement, shall be paid by the
Contractor to the State, to the extent that they are properly allocable to costs for which the Contractor has
been reimbursed by the State under this Agreement.
8. Confidentiality of Data: All financial, personal, technical, and other data and information relating to DFG
operations which are designated confidential by DFG and made available to the Contractor in order to carry
out this Agreement, or which becomes available to the Contractor in carving out this Agreement, shall be
protected by the Contractor for the protection of the Contractor's data and information are deemed by DFGs
confidential information, as such methods and procedures may be used, with the written consent of DFG, to
carry out the intent of this paragraph. The Contractor shall 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.
9. Right to Terminate: The State reserves the right to terminate this Agreement subject to thirty (30) days
written notice to the Contractor. The 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" shall mean the Contractor fails to
meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement
termination shall be effective as of the date indicated on the State's notification to the Contractor.
The Contractor shall not incur any new obligations beyond the date of termination and shall cancel all
outstanding obligations relating to this Agreement. The, State shall reimburse the Contractor for any
reasonable non -cancelable projects incurred by the Contractor prior to the termination date.
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.
Page 3 of 6
EXHIBIT D — DFG ADDITIONAL PROVISIONS
(DFG AP — Revised 03/06)
10. DVBE Participation and Reporting Requirements (when required): The Contractor agrees to use
Disabled Veteran Business Enterprise (DVBE) subcontractors or supplies originally identified by the
Contractor unless the Contractor requests substitution in writing beforehand to the Contract Manager and
the Contractor Manager has approved such substitution. At a minimum, the request must include:
a. A written explanation of the reason for the substitution; and
b. The identity of the person or firm substituted.
The request and the Contract Manager's approval is not to be construed as an excuse for
noncompliance with any other provision of law, including but not limited to the subletting and
subcontracting Fair Practices Act or any other Agreement requirements relating to the substitution of
subcontractors.
Failure to adhere to at least the level of participation for DVBE proposed by the Contractor may be
cause for Agreement termination and recovery of damages under the rights and remedies due the State.
11. 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 an 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.
If the Contractor or subcorrtractor(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 Contractor shall include in each of its subcontracts for work under this Agreement, a provision which
incorporates the requirements stated within this section.
12. Use of Subcontractors: If the Contractor desires to accomplish part of the services through the use of one
(1) or more subcontractors, the following conditions must be met:
a. The Contractor shall submit any subcontracts to the State for prior approval;
b. The Agreement between the primary Contractor and the subcontractor(s) 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; and
d. Upon termination of any subcontract, the State shall be notified immediately in writing.
Further, any subcontract in excess of $100,000 entered into as a result of this Agreement, shall contain
all applicable provisions stipulated in this Agreement.
13. Potential Subcontractor: Nothing contained in this Agreement or otherwise shall create any contractual
relation between the State and any subcontractors, and no subcontract shall relieve the 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 subcontractors 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 subcontractors is an independent obligation from the State's obligation to make
payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment
of any moneys to any subcontractor.
14. Travel and Per Diem: The Contractor agrees that all travel and per diem paid its employees under this
Agreement shall be at rates not to exceed those amounts paid to the State's represented employees under
collective bargaining agreements currently in effect. No travel outside the State of California shall be
reimbursed unless prior written authorization is obtained from the State.
Page 4 of 6
EXHIBIT D — DFG ADDITIONAL PROVISIONS
(DFG AP — Revised 03/06)
15. Novation: If the Contractor proposes any novation Agreement, the State shall act upon the proposal within
sixty (60) days after receipt of the written proposal. The State may review and consider the proposal,
consult and negotiate with the Contractor, and accept or reject all or part of the proposal. Acceptance or
rejection may be made orally within the sixty (60) day period, and confirmed in writing within five (5) days.
No novation shall become operative or otherwise binding on the State pursuant to this paragraph in the
absence of a formal Agreement amendment which has been approved in accordance with all applicable
State policy, laws, and procedures.
16. Priority Hiring Considerations (Agreements over $200,000): The Contractor agrees to give priority
consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under
Welfare and Institutions Code Section 11200.
17. Liability Insurance (when required): When the Contractor submits a signed Agreement to the State, the
Contractor shall furnish to the State a certificate of insurance stating that there is liability insurance presently
in effect for the Contractor of not less than $1,000,000 per occurrence for bodily injury and property damage
liability combined.
The certificate of insurance will include provisions a., b., and c. in their entirety:
a. The insurer will not cancel the insured's coverage without thirty (30) days prior written notice to the
State;
b. The State of California, its officers, agents, employees, and servants must be included as additional
insured, by only insofar as the operations under this Agreement are concerned; and
c. The State will not be responsible for any premiums or assessment on the policy.
The Contractor agrees that the bodily injury liability insurance herein provided for shall be in effect at all
times during the term of this Agreement. In the event said insurance coverage expires at any time
during the term of this Agreement, the Contractor agrees to provide, prior to said expiration date, a new
certificate of insurance evidencing insurance coverage as provided herein for not less than the
remainder of the term of this Agreement, or for a period of not less than one (1) year.
New certificates of insurance are subject to the approval of the Department of General Services, and the
Contractor agrees that no work or services shall be performed prior to the giving of such approval. In
the event the Contractor fails to keep in effect at all times insurance coverage as herein provided, the
State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of
such event.
DFG will not provide for nor compensate the Contractor for any insurance premiums or costs for any
type or amount of insurance.
The insurance required above shall cover all Contractor supplied personnel and equipment used in the
performance of this Agreement. If subcontractors performing work under this Agreement do not have
insurance equivalent to the above, Contractor liability shall provide such coverage for the subcontractor,
except for coverage for error, mistake, omissions, or malpractice, which shall be provided by the
subcontractor if such insurance is required by the State.
18. Worker's Compensation Insurance (when required): The Contractor certifies and is aware of the
provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability
for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code,
and the Contractor affirms to comply with such provisions before commencing the performance of the work
of this Agreement.
19. Computer Software: The Contractor certifies that it has appropriate systems and controls in place to
ensure that State funds will not be used in the performance of this Agreement for the acquisition, operation,
or maintenance of computer software in violation of copyright laws.
Page 5 of 6
EXHIBIT D — DFG ADDITIONAL PROVISIONS
(DFG AP — Revised 03106)
20. Inspection: The State, through any authorized representative, has the right at all reasonable times to
inspect or otherwise evaluate the work performed or being performed hereunder including subcontract
supported activities and the premises in which it is being performed. If any inspection or evaluation is made
by the State of the premises of the Contractor or a subcontractor, the Contractor shall provide and shall
require its subcontractor's to provide all reasonable facilities and assistance for the safety and convenience
of the State's representatives in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work.
21. Force Majeure: Neither party shall be liable to the other for any delay in or failure of performance, nor shall
any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force
Majeure". As used in this section, "Force Majeure" is defined as follows: Acts of war and acts of God such
as earthquakes, floods, and other natural disasters such that performance is impossible.
22. Forced, Convict, and Indentured Labor: No foreign -made equipment, materials, or supplies furnished to
the State pursuant to this Agreement may be produced in whole or in part by forced labor, convict labor, or
indentured labor. By submitting a bid to the State or accepting a purchase order, the Contractor agrees to
comply with this provision of the Agreement. This requirement does not apply to public works Agreements.
23. Consultant — Staff Expenses: The Contractor represents that it has or shall secure at its own expense, all
staff required to perform the services described in this Agreement. Such personnel shall not be employees
of or have any contractual relationship with the California State Department of Fish and Game or any other
governmental entity.
24. Contractor's Duties, Obligations, and Rights: The Contractor is hereby apprised that California Public
Contract Code Sections 10355 through 10382 is applicable and relative to the Contractor's duties,
obligations, and rights in performing services under this Agreement.
25. Evaluation of Contractor (over $5,000): Performance of the Contractor under this Agreement will be
evaluated. The evaluation shall be prepared on a Contract/Contractor Evaluation Sheet (STD 4), and
maintained in the Agreement file.
If the Contractor did not satisfactorily perform the work or service, a copy of the negative evaluation form will
be submitted to the Contractor and to the Department of General Services, Legal Division, within fifteen (15)
days of the completion of the evaluation. The Contractor will have thirty (30) days to prepare and send
statements defending its performance under the Agreement. The evaluation of the Contractor shall not be a
public record.
26. Progress Reports or Meetings (when required): The Contractor shall submit progress reports or attend
meetings with the State personnel not more often than monthly to allow the State to determine if the
Contractor is on the right track, whether the project is on schedule, provide communication to interim
findings, and afford occasions for airing of difficulties or special problems encountered so that the remedies
can be developed quickly. At the conclusion of this Agreement, the Contractor shall hold a final meeting
with the State during which the Contractor shall present his/her findings, conclusions, and
recommendations.
27. Legal Contracts (only): In accordance with Public Contract Code Section 10353.5, the Contractor shall:
■ Agree to adhere to legal costs and billing guidelines designed by the State Agency;
• Adhere to litigation plans designated by the State Agency;
■ Adhere to case phasing of activities designated by the State Agency;
■ Submit and adhere to legal budgets as designated by the. State Agency;
■ Maintain legal malpractice. insurance in an amount not less than the amount designated by the State
Agency;
■ Submit to legal bill audits and law firm audits if requested by the State Agency. The audits may be
conducted by employees and designees of the State Agency or by any legal cost control providers
retained by the State Agency for this purpose; and
■ Submit to a legal cost and, utilization review, as determined by the State Agency.
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