40956_Draft_Special_Provisions.pdf

[Revised April 29, 2022]

COUNTY OF SACRAMENTO

DEPARTMENT OF GENERAL SERVICES

NEGOTIATED CONTRACT

SPECIAL PROVISIONS

3701 Branch Center - CCure Door Add - 20121001

CONTRACT NO. 40956

09AUG2023

NOTE: The County of Sacramento Standard Construction Specifications dated

September 2001, revised March 2004, January 2008, January 1, 2016, January 1, 2017, and February 1, 2017 are hereby made a part of these Specifications. A copy of the Standard Construction Specifications may be downloaded from the County website at www.saccountyspecs.net.

LOG NO. 5733

JEFFREY A. GASAWAY, DIRECTOR

DEPARTMENT OF GENERAL SERVICES

[Revised April 29, 2022]

SPECIAL PROVISIONS

3701 Branch Center - CCure Door Add - 20121001

3701 Branch Center

PROJECT MANAGER

Patrick Mayo

County of Sacramento Department of General Services Architectural Services Division

9660 Ecology Lane Sacramento CA 95827

Email: Mayop@saccounty.gov

TOC 1

3701 Branch Center - CCure Door Add – 20121001

TABLE OF CONTENTS FOR CONTRACT DOCUMENTS

DIVISION 1 - GENERAL REQUIREMENTS

MODIFICATIONS TO STANDARD CONSTRUCTION SPECIFICATIONS

1-1 GENERAL

2-1 BID PROPOSAL

2-2 PREPARATION AND SUBMISSION OF BIDS

2-8 SUBCONTRACTORS

2-9 ADDENDA

2-11 BID GURANTEE

2-12 WITHDRAWL OF BID

2-13 PUBLIC OPENING OF BIDS

3-7 EXECUTION OF CONTRACT

3-9.01 GENERAL LIABILITY

3-9.07 BUILDER’S RISK INSURANCE

3-9.08 CONTRACTOR’S POLLUTION LIABILITY INSURANCE

4-1 INTENT OF CONTRACT DOCUMENTS

4-1.01 CUTTING AND PATCHING

4-1.02 WORK AND LIMITATIONS

4-2 PLANS AND SPECIFICATIONS FURNISHED

4-6 DOCUMENT PRECEDENCE

5-1 AUTHORITY OF AGENCY

5-1.01 SPECIAL SECURITY REQUIREMENTS

5-8.01 SUBMITTALS – GENERAL

5-9.01 AGENCY-FURNISHED SURVEYS

5-16 TESTING

6-1.02 PREVAILING WAGE

6-11 EXISTING UTILITIES

6-11.06 UTILITY SHUTDOWNS AND CONNECTIONS

7-1 BEGINNING OF WORK

7-3 PRECONSTRUCTION CONFERENCE AND PROGRESS MEETINGS

7-8.01 ALLOWABLE TIMES AND HOURS OF WORK

7-9 TEMPORARY FACILITIES

7-9.01 CONSTRUCTION SITE UTILITIES

7-10 PROTECTION OF WORK, PERSONS AND PROPERTY

7-15 TIME OF COMPLETION

8-10 LIQUIDATED DAMAGES

10-7 CONTAMINATED OR HAZARDOUS MATERIALS

10.7.01 CONCRETE CHRYSTALLINE SILICA

10-9 SANITARY REGULATIONS

10-14 ENVIRONMENTAL MITIGATION MEASURES

11-3 RECORD DRAWING SPECIFICATIONS

12-4.02 TRAFFIC CONTROL PLANS (TCP)

TOC 2

APPENDIX A – Sample Agreement APPENDIX B – Submittal form APPENDIX C – Extended Warranty

DIVISION 1-1

DIVISION 1 - GENERAL REQUIREMENTS

Sections 1-1 through 13-3 of the County of Sacramento Standard Construction Specifications dated September 2001, revised March 2004, revised January 2008, revised January 1, 2016, revised January 1, 2017 and revised February 1, 2017 are hereby made part of these specifications. Modifications to the Standard Construction Specifications are noted below. The Standard Construction Specifications along with these project specifications shall be considered as one body of specifications.

MODIFICATIONS TO STANDARD CONSTRUCTION SPECIFICATIONS

1-1 GENERAL

The following statement shall be added:

Pursuant to Section 22034 of the Public Contract Code and 2.61.058 of the Sacramento County Code, the CUPCCAA Contract will be awarded by the Director of General Services.

2-1 BID PROPOSAL

The following is added before the last sentence of the first paragraph:

Signatures scanned or transmitted electronically shall be deemed original signatures for purposes of the Bid, with such scanned signatures having the same legal effect as original signatures.

The first sentence of the second paragraph is deleted and replaced with the following:

The Bid must be made on the bid proposal form furnished by the Agency as follows:

2-2 PREPARATION AND SUBMISSION OF BIDS

The fifth and sixth paragraphs of this section are deleted in their entirety and replaced as follows:

Bids must be submitted on the Agency's eProcurement system website as indicated in the Notice to Bidders. All Bid pricing, forms, and attachments requested in the online Bid posting must be completed and submitted by the date and time indicated in the Notice to Bidders or subsequent Addendum in order for the Bid to be considered by the Agency. Bidders will receive a confirmation email from the Agency’s eProcurement system providing the date and time that the Bid was received by the Agency’s eProcurement system. Late Bids will not be accepted by the Agency. Bids delivered by hand, fax, telephone, e-mail, or any postal carrier will not be accepted by the Agency.

2-8 SUBCONTRACTORS

The first three paragraphs shall be deleted. The last sentence of the fourth paragraph shall be deleted and replaced with the following:

DIVISION 1-2

Bidders must complete all requested fields for each Subcontractor listed on the designation of subcontractors form provided in the Agency's eProcurement system and upload and submit a completed form with their Bid, failure to do so may be cause to reject the Bid.

2-9 ADDENDA

This section is deleted in its entirety and replaced with the following:

The correction of material discrepancies in, or material additions to/omissions from, the Plans, Specifications, or other Contract document, or an interpretation thereof, during the bidding period will be made only by an Addendum issued by the Agency. Addenda will be posted on the Agency's eProcurement system website and available for review by all Bidders. Bidders must acknowledge any and all Addenda before submitting a Bid.

Addenda become part of the Contract upon issuance. Interpretations or explanations not included in an Addenda will not be considered binding.

2-11 BID GURANTEE

The following is added as the third paragraph to this section:

Bidders must upload a copy of their Bid Guarantee and submit it with their Bid in the Agency's eProcurement system. After Bids are opened and the apparent low bidder is identified, the apparent low Bidder must deliver their original Bid Guarantee to the Agency by 4:00 PM the first Monday following Bid Opening, to: County of Sacramento, Contracts & Purchasing Division, 9660 Ecology Lane, Sacramento, CA 95827.

The County does not have a standard bid bond/guaranty form. The bid bond/guaranty form may be provided by the corporate surety.

2-12 WITHDRAWAL OF BID

This section is deleted in its entirety and replaced with the following:

A Bid can be withdrawn prior to the time for the submission of Bids in the Notice to Bidders by canceling or deleting the submitted Bid in the Agency's eProcurement system. The withdrawal of a Bid does not prejudice the right of a Bidder to file a new or revised Bid in accordance with the Notice to Bidders. Bids can be revised in the Agency's eProcurement system prior to the Bid due date and time.

2-13 PUBLIC OPENING OF BIDS

This section is deleted in its entirety is replaced with the following:

Bids will be publicly opened by electronically unsealing the Bids on the Agency's eProcurement system website as indicated in the Notice to Bidders or a subsequent Addendum. Bidders and the public can view Bids received on the Agency's eProcurement system website after the Bid due date and time.

3-7 EXECUTION OF CONTRACT

Add the following:

DIVISION 1-3

Agreement forms shall be those shown in Appendix A of these Special Provisions.

4-1 INTENT OF CONTRACT DOCUMENTS

Add the following paragraphs:

The project specifications use the Construction Specifications Institute (CSI) format.

The CSI format divisions shall not operate to make the County an arbiter to establish subcontract limits between Contractor and/or subcontractors. The General Contractor is responsible to the County for all phases of construction and a complete job.

The existing conditions depicted on the drawings and specifications are developed from record information. Exact locations, distances, dimensions, elevations, etc., shall be governed by actual field conditions and verified by the Contractor.

4-1.01 CUTTING AND PATCHING

1. The Contractor shall be responsible for all cutting, fitting, and patching required to complete the work including penetrations of surfaces for installation of ducts and conduit.

2. Cutting of structural members not specifically shown on the contract drawings, or cutting which might affect the integrity or effectiveness of weather exposed or moisture resistant elements or systems, must be approved in advance by the Engineer.

3. The Contractor is responsible for inspecting existing conditions, including elements subject to damage or movement during cutting or patching, prior to commencing any cutting operation. The Contractor shall provide temporary support adequate to insure the structural integrity of the affected portions of the work, and shall provide devices or use methods to protect other portions of the facility from damage.

4. The Contractor shall provide patching of a smooth and continuous nature, and shall refinish and paint all affected surfaces to match adjacent surfaces.

4-1.02 WORK AND LIMITATIONS

1. During the progress of work, the existing facilities shall be maintained without interruption, except by specific arrangement with the Project Inspector and then only at such times as approved in writing by the Project Inspector.

2. The Contractor shall coordinate the work of this contract through the Project Inspector assigned by the Engineer.

4-2 PLANS AND SPECIFICATIONS FURNISHED

The first paragraph shall be deleted and replaced with the following:

DIVISION 1-4

The Agency will provide the fully executed contract, plans, project specifications and special provisions for the Contractor’s use in prosecuting the Work. The Agency will not provide copies of Standard Drawings or State Plans, Standard Construction Specifications or the State Specifications, and Special Provisions. Project Plans and Project Specifications can be downloaded from Agency's eProcurement system.

4-6 DOCUMENT PRECEDENCE

Delete and Add the following:

1. Field Instructions or other written directives or Notice to Contractors

3. Project Plans

a) Detail notes shall take precedence over General Notes

b) Larger scale drawings/details shall take precedence over small scale drawings

5-1 AUTHORITY OF AGENCY

Add the following:

5-1.01 SPECIAL SECURITY REQUIREMENTS

The Contractor’s workers and equipment shall be limited to the work areas as designated by this contract.

1. In the event the Contractor, his/her employees, or subcontractors fail to adhere to the County’s security provisions, the County has the right to deny access to the work site to that employee or subcontractor without an extension of time being granted to the Contractor.

Security badges will be issued to all personnel working at the project site. This badge must be worn at all times when in the facility or on the project site. The badge shall be turned in and shall remain at the site each time an individual leaves the site. The badge will allow workers to only be in the immediate vicinity of the construction work.

a. Contractor personnel must have identification with them, showing their name and picture during work at the site.

5-8.01 SUBMITTALS – GENERAL

Sentence one of paragraph three shall be replaced by the following:

Copies of all submittals shall be furnished electronically, an electronic copy will be returned after review.

Add the following paragraph:

Appendix B lists the submittals required from the Contractor for this project. This submittal list is provided for the Contractor’s convenience and may not represent all

DIVISION 1-5

submittals required by the contract documents. The Contractor is ultimately responsible for identifying and providing all required submittals.

5-9.01 AGENCY-FURNISHED SURVEYS

The entire section shall be deleted and replaced with the following:

The contractor shall be responsible for and shall perform all surveys and measurements necessary for layout and control of work in accordance with Section 5-

9.03 of the Standard Construction Specifications.

6-1.02 PREVAILING WAGE

Add the following sentence to the first paragraph:

All questions regarding labor compliance regulations, including job classifications and pay scales should be directed to the Agency Labor Compliance Program, telephone

(916) 875-2700.

7-9 TEMPORARY FACILITIES

The Contractor shall obtain the prior approval of the Project Inspector for acceptable site access or before using any area or space for Contractor’s storage during construction operations. Materials, equipment, etc., shall not be piled or stored in any location which shall interfere with the conduct of normal functions of the building and/or facilities, and shall not constitute a hazard to persons or property. Any required safety precautions such as signs, danger signals, lanterns, barricades, etc., shall be installed by the Contractor during construction operations.

No advertising signs of any kind will be permitted except by written permission of the Engineer.

7-9.01 CONSTRUCTION SITE UTILITIES

1. ELECTRICAL POWER: The facility’s electrical power shall be made available for the Contractor’s use as long as the Contractor’s power requirements are below the available capacities in the immediate area of work. The Contractor shall be responsible to verify all existing conditions associated with an electrical connection. Connections to existing electrical services shall be coordinated with and accepted by the Project Inspector.

DIVISION 1-6

2. TELEPHONE: Contractor shall not have access to phones on site and therefore, shall arrange for his mobile phone if needed for on-site communication.

7-10 PROTECTION OF WORK, PERSONS AND PROPERTY

The following paragraph shall be added to this section:

Provide temporary fencing, lock boxes etc., as required to protect material storage, equipment and building under construction from theft, vandalism and unauthorized entry.

The Contractor shall be responsible for the protection of all furniture, walls, doors, etc., from damage, cosmetic or real, during the Work. The Contractor shall be responsible for all damage in the area of Work, or any other area in the building or on the site, caused by Contractor, his employees or subcontractors.

7-15 TIME OF COMPLETION

The time for completion of this contract shall be 120 calendar days commencing as specified in Section 7-1 of the Standard Construction Specifications and as modified below.

8-10 LIQUIDATED DAMAGES

Liquidated damages shall be $200 for each calendar day(s) delay beyond the established contract completion date that all work, is not completed.

10-7 CONTAMINATED OR HAZARDOUS MATERIALS

1. It is the intent of these Contract Documents to exclude from the work all materials containing asbestos.

2. If asbestos materials are encountered during any work, the Contractor shall immediately notify the Project Inspector in writing.

3. Unless specifically specified, the Contractor shall not install any asbestos-containing building materials. Materials such as mastics, joint compounds and flashing tars shall have a manufacturer’s statement or label verifying that the material is asbestos free.

DIVISION 1-7

The Contractor shall be solely and completely responsible for implementing the applicable COVID-19 guidelines from the California Department of Industrial Relations, Division of Occupational Safety and Health, and the applicable COVID-19 guidance from the Centers for Disease Control and Prevention for the protection of workers, including regulations concerning education, training, routine cleaning, on-site washing facilities, and the use of Personal Protective Equipment (PPE) at the workplace (collectively, "Guidelines"). The Contractor shall submit a plan and/or narrative description to the Agency for compliance with these Guidelines prior to commencement of the Work. This safety plan and/or narrative description shall describe all education, training, routine cleaning, on-site washing facilities, Personal Protective Equipment (PPE), or similar to be used at the Project Site. Full compensation for implementing the Guidelines, and any required updates to the safety plan and/or narrative description, shall be considered as included in the prices paid for the various items of Work involved as specified in Section 8-3, “Work to be Done Without Direct Payment,” of the Standard Construction Specifications and therefore no additional compensation shall be made.

END OF SECTION

APPENDIX A

AGREEMENT FORMS

Contract No. 40956

APPENDIX A

NEGOTIATED CONTRACT AGREEMENT

3701 Branch Center - CCure Door Add - 20121001

THIS AGREEMENT is made and entered into this XX day of MONTH

YEAR, between the COUNTY OF SACRAMENTO, a political subdivision of the

State of California, hereinafter referred to as “COUNTY, and

CONTRACTOR’S NAME (Entity), hereinafter referred to as “Contractor”.

WHEREAS, COUNTY adopted the California Uniform Public

Construction Cost Accounting Act (CUPCCAA) by passage of Ordinance

Sacramento County Charter No. 1150, adding Section 2.155 to the

Sacramento County Code; and

WHEREAS, the alternative bidding procedures provided for under

CUPCCAA allow, local public agencies to perform work by negotiated contract or purchase order up to Sixty Thousand Dollars ($60,000); and

WHEREAS, the Director of the Department of General Services caused Contract Documents for the work hereinafter mentioned to be prepared, and approved and adopted said Contract Documents; and

WHEREAS, a Notice inviting quotes for the performance of said work was distributed in the time and manner required by law; and

WHEREAS, in response to the Notice, Contractor submitted within the time and in the manner specified, a quote for the performance of the work specified in the plans and specifications; and

WHEREAS, Contractor(s) quote(s) were opened and reviewed in the manner provided by law; and

WHEREAS, staff recommends the contract be awarded to

CONTRACTOR NAME.

NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereto agree as follows:

1. CONTRACT DOCUMENTS

The following documents are by this reference incorporated in and made a part of this Agreement dated MONTH DAY, YEAR:

The Standard Construction Specifications adopted by the Sacramento County Board of Supervisors on July 17, 2001, revised March 2004, revised January 2008, revised January 2016, revised January 2017 and revised February 2017;

The Special Provisions;

the contract drawings and attachments (if applicable);

Exhibit A - Contractor's quote/submittal;

Exhibit B - all required bonds; and All Ancillary Documents o “Ancillary Documents” shall be defined as but not limited to supplemental agreements, change orders, alterations, Field Instructions, takeover agreements, amendments, or extensions.

The documents which describe the work to be performed are sometimes collectively referred to herein as the Contract Documents. In the case of conflicting documents this Agreement takes precedent over all others.

2. SCOPE OF WORK

Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for this Agreement, Contract No. 40956, “3701 Branch Center - CCure Door Add – 20121001”, as provided for and set forth in the Contract Documents, or in either of them, which said Contract Documents are hereby referred to and by such reference incorporated herein and made a part of this Agreement.

All of the work done under this Agreement shall be under the supervision of and performed to the satisfaction of the Director of General

Services or designee , who shall have the right to reject any and all materials and supplies furnished by Contractor which do not comply with said Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor which is not, either in workmanship or material, in strict accordance with the Contract Documents.

3. COMPLETION

Said work shall be completed and ready for acceptance within 120 calendar days of completion from the date of commencement by this

Agreement entered date.

4. PAYMENT

Attached hereto as Exhibit "A", and by reference made a part hereof, is the quote and submittal of Contractor. Said quote and submittal contain, the full and complete schedule of the different items of work with the lump sums or unit prices specified as required by the terms of said Contract Documents.

The County agrees, in consideration of the work to be performed herein and subject to the terms and conditions of this Agreement, to pay

Contractor all sums of money which may become due to Contractor in accordance with the terms of this Agreement and Contractor’s quote/submittal, to wit: Amount in words ($##,###.##). Said sum shall be paid in accordance with Section 8 of the Standard Construction

Specifications. With respect to those portions of the above sum which are based upon estimated quantities, payment will be based upon the actual quantities as measured upon completion. No payment made under this

Agreement shall be construed to be an acceptance of defective work or improper materials.

5. PREVAILING WAGES

Pursuant to the provisions of State of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2 (Sections 1720-1781) not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said work by Contractor, or by any subcontractor doing or contracting to do any part of said work.

The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection at, the office of the Clerk of the Governing Board.

In accordance with Section 1771.5 of the California Labor Code, the payment of the general prevailing rate of per diem wages or the general prevailing rate of per diem wages for holiday and overtime is not required for any public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or for any public works project of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair, or maintenance work.

Contractor shall post, at each jobsite, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations.

6. INSURANCE

Contractor shall carry and maintain during the life of this Agreement, such public liability, property damage and contractual liability, auto, workers’ compensation and builders’ risk insurance as required by Section

3-9 of the Standard Construction Specifications and as required by any modifications of said Section in the Special Provisions.

7. WORKERS’ COMPENSATION CERTIFICATION

By execution of this Agreement, Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of the State of California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

8. PERFORMANCE AND PAYMENT BONDS

Contractor shall, before beginning work under this Agreement, file two bonds with the, each made payable to the County of Sacramento. These bonds shall be issued by a surety company authorized to do business in the

State of California, and shall be maintained during the entire life of this

Agreement at the expense of Contractor. One bond shall be in the amount of one hundred percent (100%) of this Agreement and shall guarantee the faithful performance of this Agreement. The second bond shall be the payment bond required by the State of California Civil Code, Division 4, Part

6, Title 3, Chapter 5 (Sections 9550-9566), and shall be in the amount of one hundred percent (100%) of this Agreement. Any alterations made in the specifications which are a part of this Agreement or in any provision of this

Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of State of California Civil Code Sections 2819 and 2845.

9. INDEMNIFICATON

Contractor's Performance

To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless County, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents (collectively

“Indemnified Parties”), from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”), including cost of defense, settlement, arbitration, and reasonable attorneys' fees, resulting from injuries to or death of persons, including but not limited to employees of either Party hereto, and damage to or destruction of property, or loss of use or reduction in value thereof, including but not limited to the property of either Party hereto, arising out of, pertaining to, or resulting from the alleged or actual acts or omissions of Contractor, its officers, employees, or agents, or the acts or omissions of anyone else directly or indirectly acting on behalf of the Contractor, or for which Contractor is legally liable under law. Contractor understands and agrees that this indemnity obligation shall apply regardless of whether any loss, damage or cost arises from, whether in whole or in part, any alleged or actual acts or omissions, or any other negligence, concurrent or otherwise, on the part of Agency, or any other party indemnified hereunder, excepting only those Claims to the extent caused by the active negligence or willful misconduct of an Indemnified Party where such indemnification would be invalid under Subdivision (b) of

Section 2782 of the Civil Code.

The right to defense and indemnity under this Section arises upon occurrence of an event giving rise to a Claim and upon tender in writing to Contractor. Contractor shall defend Indemnified Parties with counsel reasonably acceptable to Agency. Notwithstanding the foregoing, Agency shall be entitled, on its own behalf, and at the expense of Contractor, to assume control of its defense or the defense of any Indemnified Party in any legal action, with counsel reasonably selected by it. Should Agency elect to initially assume control of its defense, or the defense of any Indemnified Party, it does so without prejudice to its right to subsequently request that

Contractor thereafter assume control of the defense and pay all attorneys’ fees and costs incurred thereby.

No Limitation of Liability for Indemnification

This indemnity obligation must not be limited by the types and amounts of insurance or self-insurance maintained by Contractor or Contractor’s subcontractors at any tier.

Nothing in this indemnity obligation shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.

The provisions of this indemnity obligation must survive the expiration or termination of the Agreement.

10. NON-DISCRIMINATION IN EMPLOYMENT

A. Contractor shall not discriminate against any employee, applicant for employment, or volunteer because of race, color, creed, religion, national origin, sex, age, or physical or mental handicap.

Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, national origin, age, or physical or mental handicap. Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation; or selection for training, including apprenticeship. Contractor agrees to post, in conspicuous places, available to employees and applicants for employment, notices that Contractor shall provide an atmosphere free of sexual harassment for employees, clients, volunteers and the general public.

B. Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, national origin, ancestry, age, or physical or mental handicap.

11. TERMINATI ON WITHOUT CAUSE

COUNTY shall have the right to terminate this Agreement without cause. In the event of such termination, the Contractor shall be entitled to payment for all work done up to the time of termination.

12. CERTIFICATION OF NON-DEBARMENT

Reference Government Debarment and Suspension (49 CFR Part 29).

The Contractor certifies, by acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a federally funded contract by any federal department or agency. It further agrees by executing this contract that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts.

13. CHILD AND FAMILY SUPPORT OBLIGATIONS

It is the policy of the State of California, as stated in Public

Contract Code Section 7110, that anyone who enters into a contract with a state agency shall recognize the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8

(commencing with Section 5200) of Part 5 of Division 9 of the Family

Code. In compliance with Section 7110, the Contractor, by his or her signature on this Agreement: 1) acknowledges that the

Contractor is aware of the state policy identified herein; and 2) the

Contractor, to the best of his or her knowledge, is fully complying with, and will continue to fully comply with, the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the State

Employment Development Department.

14. MISCELLANEOUS PROVISIONS

a. This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest of in the same manner as if such parties had been expressly named herein.

b. All times stated herein or in the contract documents are of the essence hereof.

c. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter.

d. Interpretation - This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it.

e. Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal authority to execute and deliver this Agreement for or on behalf of the parties to this Agreement.

Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized.

(Signature page follows)

IN WITNESS WHEREOF, and Contractor have caused this Agreement to be executed as of the day and year first above written.

a political subdivision of the State of California

By

Authorized Representative

Authorized Representative

CONTRACTOR

Forms Approved by County Counsel (rev 9/2018)

Documents Reviewed:

Contract and Purchasing Services Division Department of General Services

By TS 91(Revised 32018) V:\Agreements\Negotiated Contracts\NEG agree Sample CUPCCAA Agree

APPENDIX B

REQUIRED SUBMITTAL LIST

Required Submittal List

APPENDIX B -1

APPENDIX B

3701 Branch Center - CCure Door Add – 20121001

Note: This submittal list is provided for the contractor's convenience and may not represent ALL submittals required by the contract documents.

Contractor is ultimately responsible for identifying and providing ALL required submittals.

P Product Data / List of Materials SD Shop Drawings TE Testing Results, Certificates or Data Q Quality Control Submittals S Samples or mockups OM Operation and Maintenance Manuals W Warranty Over One Year Period SP Spare Parts T Training O Other SCS Standard Construction Specifications SP Special Provisions

REQUIRED SUBMITTAL LIST

SPEC.

SECTION

ITEM REQUIRING A

SUBMITTAL

REQUIRED SUBMITTAL TYPE

P SD TE Q S OM W SP TR O

SP

4-12 Extended Warranty X

OF MATRIX

APPENDIX D

EXTENDED WARRANTY FORM

APPENDIX D - 1

EXTENDED WARRANTY FORM

CONTRACT NUMBER

PROJECT TITLE

WARRANTED ITEM(S)

CONTRACTOR OR VENDOR NAME

CONTRACTOR OR VENDOR ADDRESS

CONTRACTOR OR VENDOR PHONE NUMBER

CONTRACTOR OR VENDOR EMAIL

The contractor or vendor listed above hereby guarantees that the item(s) listed above have been constructed and installed in accordance with the contract drawings, specifications, and all manufacturer’s requirements and that the extended warranty requirements stated in the specifications will be provided. The contractor or vendor agrees to provide all labor and materials to repair or replace any damaged or defective work or materials for the items listed above for a period of ____________________ from the date of acceptance of ___________________.

Adjacent work or materials that are damaged by the defective work or materials of the warranted items will also be replaced. This includes damage due to leaks. Warranty labor and materials shall be provided without any expense to the County of Sacramento. Ordinary wear, along with unusual abuse or neglect of the warranted items, shall be excluded from warranty requirements.

The contractor or vendor listed above hereby agrees to start repair or replacement of warranted items within 10 calendar days after being notified of the defect in writing and to continue the work during normal business hours until all work is complete. If the contractor or vendor fails to start the warranty work within the 10 day period, the contractor or vendor hereby authorizes the County of Sacramento to proceed to have warranted defects repaired or replaced at the contractor or vendor’s expense with all costs and charges forwarded to and paid for by the contractor or vendor.

The contractor or vendor agrees to abide by the conditions of this warranty.

SIGNED__________________________________DATE________________

PRINTED NAME______________________________________