IFB_2024-18_A12_-_Model_Contract_-_Exh._B_-_FINAL.docx

IFB #2024-18 | Model Contract – Exhibit B Page 1 of 5 State Lands Commission | [BIDDER NAME] Prosser Dam Road Fuel Reduction Project – School Lands Parcel #062-002

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1) Invoicing and Payment – In consideration of the satisfactory completion of the services described herein, the Commission agrees to pay the Contractor, in arrears for deliverables and services upon completion of each Task, issuance of Commission acceptance, and Contractor invoice issuance, at the rates in Exhibit B, Cost Worksheets.

a) Invoices shall be submitted by the Contractor in sufficient scope and detail to define the actual work performed and specific milestones completed, including a description of the activities of the Contractor and subcontractors, and mill receipts for all timber removed.

b) Each invoice shall include:

(1) The word “Invoice”,

(2) A unique identifier such as an “Invoice Number,”

(3) Agreement (Contract) number (TBD)

(4) Supporting documentation according to this Exhibit B, Section 1) a)

(5) Contract value drawdown against Agreement Maximum per Std. 213, paragraph 3; and,

(6) shall be submitted by either of these methods:

(a) Electronic delivery of invoices or supporting documentation is accepted. Invoices and supporting documents shall be emailed to: CSLC.AccountsPayable@slc.ca.gov, or;

(b) By physical delivery through U.S. Mail to:

State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 Attn: Accounting

c) Failure to submit invoicing with a valid Agreement (Contract) number may delay payment.

d) Direct all inquiries regarding invoice submittal and payments to: CSLC.AccountsPayable@slc.ca.gov.

e) The Contractor shall not receive payment for work performed prior to approval of the Contract and before receipt of Notice to Proceed from the Commission.

f) Full compensation for providing all the labor, materials, tools, equipment, and incidentals as delineated in the scope of work will be considered as included in the rates set forth in this Exhibit B for the various related items of work and no separate payment shall be made.

2) Prevailing Wage – In compliance with Labor Code Section 1775, the Contractor shall pay prevailing wage rates recognized in the collective bargaining agreement applicable in the County in which the work is to be performed and applicable to the particular craft, classification, or type of worker employed on the project. Contractor shall forfeit to the Commission a penalty of $50 for each calendar day, or portion thereof, for each worker paid by the Contractor or subcontractor less than the prevailing wage so stipulated. Additionally, the Contractor agrees to pay to each worker the difference between the actual amounts paid for each calendar day or portion thereof, and the stipulated prevailing wage rate. https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

3) Cost Worksheet B-1 – Tasks (Price Quote): (Bidder to edit the Red Text with their cost proposal) Comment by Beard, Kevin@SLC: Bidders to update the and edit the Red Text and provide Price Quote for this project

a) Column B and D - Timber Value – Price per acre shall account for net timber value per acre. Price per acre shall reflect the net timber value, accounting for the offsetting revenue from the sale of harvested timber as part of fuel reduction activities.

4) Task Approval Process

a) The Commission Project Coordinator shall maintain control and direction at all times over the scope of work being performed by the Contractor under this Contract.

b) The Commission Project Coordinator reserves the right to modify, reject, cancel, or stop any and all plans, schedules, or work in progress. In such event, the Contractor agrees to use all reasonable efforts to mitigate expenses and obligations under this Contract and all plans, schedules, or work in progress.

5) Progress Payments – Per Public Contract Code (PCC) section 10346, progress payments are permitted for work performed under this Contract. Payments of any sums under this section shall not constitute acceptance by the Commission of any work performed and shall not be a waiver of any claim against the Contractor.

6) Withhold 1 – Per Invoice - Retention

a) In accordance with the requirements set forth in the State Contracting Manual, Section 7.33.B, the Commission may withhold, from each invoiced payment, an amount equal to ten percent (10%) of that payment. Such retained amount shall be held by the Commission and only released to the Contractor upon the Commission’s staff determination that the Contractor has satisfactorily completed all of the required services under this Agreement.

7) Change Order

a) Change Orders shall be incorporated by an Amendment pursuant to Exhibit A, Section 14.

i) In the event that additional work must be performed, which was wholly unanticipated and was not identified in either the Commission’s solicitation document or the Contractor’s proposal submitted in response hereto, the Contractor shall submit the intended change in required work and the proposed cost supported by full and complete documentation as a Change Order.

b) Each Change Order shall identify the following:

i) The purpose, objective, or goals to be undertaken by the Contractor, in a detailed statement.

ii) The tasks that are necessary to accomplish the goals.

iii) A time schedule for the provision of these deliverables.

iv) The completion criteria for the work to be performed.

v) The quantity of deliverables.

c) The bill rates in the Change Order submittal shall be consistent with that of the cost worksheets in Exhibit B.

8) Contract Bonds

a) Upon notice of intent to award the Contractor shall furnish a payment bond and a performance bond. Payment and performance bonds shall each be in a sum equal to the amount of the Contract value for the Project (Exhibit B, Cost Worksheet B-1, Item 7: Total).

b) Payment Bond – The Payment bond shall secure the payment of the claims of laborers, mechanics, or material-persons employed for work under this Contract.

(1) Payment bond must be issued by a company authorized by the California Insurance Commissioners to transact surety business in California.

(2) Two copies of bond shall be submitted on Standard Form STD 807.

c) Performance Bond – The Performance Bond shall guarantee the faithful performance of this Contract.

i) A notarized statement from the bonding company your organization proposes to use, stating that the surety shall unconditionally guarantee the Contractor’s performance in all respects of the terms, conditions, and provisions of this bid and the resulting Contract in the sum equal to the amount of the contract.

(1) This bond must guarantee Contractor’s compliance with the terms of this Contract.

(2) Upon notice of intent to award contract, Contractor shall furnish two copies of the performance bond made payable to the “California State Lands Commission.”

(3) Performance bond must be issued by a company authorized by the California Insurance Commissioners to transact surety business in California.

9) Payment of fees and fines – The Contractor shall be responsible for payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor. All costs associated with environmental permits, application, and/or notices obtained by the Contractor shall be included in Cost Worksheet B1 billing rates. The Contractor shall be responsible for:

a) Payment of all fines/fees for violation or non-compliance with permit requirements Federal, State, Regional and local laws and regulations.

b) Payment of any civil fines or penalties which may be assessed by any Federal, State or local regulatory agency as a result of the Contractor's or any subcontractor's violation of any applicable Federal, State or local environmental law or regulation, or damage of any kind or contamination to State property.

10) Replacement of Personnel

a) BY CONTRACTOR – This Contract is for services to be provided by specific persons listed and described in Exhibit A, Attachment 1 Personnel Experience Narrative and Resumes. The Commission enters into this Contract relying on the skills and qualifications of those persons identified for them by the Contractor. Contractor acknowledges that in the event that any or all of these individuals are removed, replaced, or reassigned by the Contractor, such removal, replacement, or reassignment may result in serious harm to the Commission. Contractor agrees not to remove, replace, or reassign such individuals without the written approval of the Commission Project Coordinator. Such approval shall not be unreasonably withheld or delayed provided that any replacement or additional personnel proposed during the life of this Contract meet or exceed the skill level and experience that the Contractor proposed. The Commission Project Coordinator shall have the final decision and has authority as to whether substitute personnel meet the qualifications and whether to approve the substitution of the Contractor team members. Contractor shall provide to the Commission’s Project Coordinator the name and resume of such person and the work to be performed, along with a justification of the necessity for the substitution or additional and the rate to be charged.

b) BY COMMISSION – If Commission finds the performance of any of Contractor’s employees or subcontractors to be unsatisfactory, and so notifies the Contractor in writing, the Contractor shall have a reasonable time, not to exceed 30 days, to remedy that person’s unsatisfactory performance or replace said employee or subcontractor. This provision does not in any way require, endorse, or approve (expressed or implied) the termination of employment by the Contractor of any employee removed, replaced, or reassigned under the terms of this paragraph.

11) Reimbursement Rates for Travel

a) No travel shall be ordered or performed under this Contract.

12) Settlement of Disputes

a) In the event of a dispute, Contractor shall file a notice of dispute with the California State Lands Commission, Executive Officer, or her designee within ten (10) days of discovery of the problem. Within ten (10) days, the Executive Officer or her designee shall meet with the Contractor and project coordinator for the purposes of resolving the dispute. The decision of the Executive Officer or her designee shall be final. Notwithstanding the foregoing, the failure by Contractor to notify the Executive Officer or her designee within ten (10) days of discovery of the problem shall be deemed a waiver by Contractor of the dispute unless such delay is materially detrimental to the Commission.

13) Budget Contingency Clause

a) It is mutually agreed that, if the Budget Act of the current year and/or any subsequent years covered under this Contract does not appropriate sufficient funds for this Contract, the Commission may cancel this Contract and it shall be of no further force and effect provided, however, that the Commission’s payment obligation to the extent of work already performed by the Contractor shall survive any such cancellation. In this event, the Commission shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Contract for work not yet performed by Contractor and Contractor shall not be obligated to perform any provisions of this Contract.

b) In the alternative, the Commission shall have the right to amend this Contract to reflect the reduced funds available for it. In such event, Commission shall meet with Contractor to negotiate a reduced scope of work. If a mutually agreed upon amendment cannot be reached by the parties, either party may cancel this Contract and it shall be of no further force and effect; provided, however, that the Commission’s payment obligation to the extent of work already performed by the Contractor shall survive any such cancellation.

14) Taxes – Payments to be paid to the Contractor, as specified herein, shall include all taxes of any description, federal, state, and municipal, assessed against Contractor by reason of this contract.

15) Prompt Payment – The Commission shall pay properly submitted, undisputed invoices, refunds, or other undisputed payments due to individuals within 45 days of receipt or notification thereof or automatically calculate and pay the appropriate late payment penalties as specified Government Code section 927.

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