6_-_IFB_Exhibit_C_-_Special_Cond__rev_2-21-25_.doc

SPECIAL CONDITIONS

25 SR #2 / PR259203

EXHIBIT “C”

Replace Electrical Transformers 1.

LOCATION OF SITE:

The site of work is on State of California property located at Porterville Developmental Center, specifically 26501 Ave. 140, Porterville, CA 93257.

2.

CONTRACT TIME:

Contractor obligates himself to complete all work of the contract in the 25/26 Fiscal Year, starting on July 1, 2026, a date of which contractor shall be notified by the Chief of Plant Operations III or his designee.

3.

CONTRACTORS LICENSE:

Contractor must possess a current C-10 classification license(s) issued by the State Contractor's License Board.

4.

PRE-BID MEETING AND INSPECTION OF PREMISES:

There will be a pre-bid meeting and site inspection tour for prospective bidders at the date, time and place shown in the Notice to Contractors. Contractors must attend pre-bid meeting and site inspection tour on date and time indicated in “Notice to Contractors” in order to bid this project.

5.

BID BOND:

A Bid Bond amounting to 10% of the Contractor's bid is required for this contract.

6.

WORKING CONDITIONS:

Buildings and areas near which the work is to be performed will be in use and occupied during the contract period; however, adjustments will be made as possible by the State as the work progresses, to give the Contractor maximum free access to the work areas without undue interference. The Contractor’s employees, equipment, etc., shall be restricted to the immediate areas of work to be done. Periods that the Contractor will have any building entrance, or exit out of service, shall be coordinated with the Office of the Chief of Plant Operations III or designee, and shall be at such time and of such duration as may be directed by the Chief of Plant Operations III or designee. The Contractor is responsible to supply their own dumpsters to dispose of any debris and waste material resulting from work and they are also responsible to supply their own porta potties.

7.

MATERIAL:

Contractor shall submit three (3) copies of equipment and materials to be used and shall obtain prior written approval of equipment and materials from the Chief of Plant Operations III before installation. Equipment and materials proposed for use shall bear the manufacturer’s name and the Federal or State ASTM, ASHRAHE, and ASME specifications with which it complies. All equipment and materials must be certifiable and compatible for use with each other.

8.

STATE APPROVED EQUAL:

Where specific products, items, equipment, or service by a specific brand are listed in this contract, not being part of a proprietary system, alternatives that are of equal quality and of required characteristics for the purpose intended may be proposed. The State will be the sole judge as to such matters.

9.

SECURITY REGULATIONS:

The contractor shall cooperate with Porterville Developmental Center’s authorities and shall observe and comply with all regulations in force on the facility grounds. In order to ensure the utmost safety of the clients and employees, and the safekeeping of the Contractor's property, Contractor's vehicle(s), tool cribs and any other storage bins must be locked at all times while on the grounds of the facility.

10.

WEAPONS:

Contractor agrees, as referenced in Penal Code Section 171b, not to allow or permit any of its employees, subcontractors, suppliers or any other person or persons involved in this contract possession of any weapon, and, further accepts sole responsibility for any violation while on the grounds of Porterville Developmental Center.

11.

FEDERAL HEALTH CARE PROGRAMS EXCLUSION CERTIFICATION:

Contractor hereby certifies that the employees and/or subcontractors providing services under this Contract has not been excluded from participating in federally funded health care programs. Contractor understands and agrees that should any such exclusion occur during the term of this Contract, Contractor shall report such exclusion to the facility Director in writing within five (5) days from the date of the exclusion or at the time Contractor learns of the exclusion. In addition, Contractor understands and agrees that payment shall not be made for any services provided during the period of exclusion, or if payment has already been made, Contractor will be required to reimburse the facility the full payment. (Contractor may obtain information and check list of excluded persons by visiting www.oig.hhs.gov).

12.

JOB START MEETING:

Upon receipt of word that the Contract has been approved, Plant Operations will notify the contractor and a Job Start Meeting will be scheduled.

Before starting any work of this contract, the contractor shall submit to the Chief of Plant Operations III or his designee at the Job Start Meeting, in writing, a planned schedule of work for review and approval. This shall include arrangement of the sequence of work. The actual commencement of construction activity shall be cleared through the Chief of Plant Operations III or designee at least two working days prior to the job start.

13.

REMOVAL OF DEBRIS AND WASTE MATERIAL:

Contractor shall keep the work areas free of scrap materials, debris, tools, etc., to avoid danger to staff or clients of the facility. Entrances for use of occupants and reasonable access thereto, shall be kept clear of all materials, refuse, etc., in keeping with all applicable fire regulations.

Contractor shall remove from the work site at frequent intervals, all debris and waste material resulting from work performed under this contract. This material shall be transported at contractor’s expense, to a proper disposal site off of the Facility grounds, in complete accordance with all existing laws, codes, regulations, ordinances and rules.

14.

SALVAGED ITEMS:

Salvaged items of value shall remain the property of Porterville Developmental Center and shall be stored on the premises where directed by the Chief of Plant Operations III or designee. Items and materials not of value to Porterville Developmental Center shall be disposed of at the sole expense of the Contractor, off of the premises in accordance with all laws and requirements pertaining to such disposal. The Chief of Plant Operations III or designee shall determine what items are to be considered salvage.

15.

UTILITY SHUTDOWN:

Any and all utility shutdowns will be coordinated with and at the convenience of Porterville Developmental Center through the Chief of Plant Operations III.

16.

GENERAL FACILITY RULES & REGULATIONS:

Porterville Developmental Center is a State Facility, which serves developmentally disabled clients that are sometimes in a locked environment. A number of special conditions exist regarding Facility Rules, Regulations, and Security, each and all of which will be explained in detail at the “Job Start Meeting” with the successful low bidder for this work. The contractor herein agrees to abide by these conditions, as presented at that time, as a term and condition of this contract.

17.

WORKMANSHIP/COORDINATION:

The Contractor shall be responsible and coordinate the activities of all workers and subcontractors in order that the job proceeds in an orderly manner to completion.

18.

DISCREPANCIES IN PLANS AND SPECIFICATIONS:

Where discrepancies or omissions appear in plans and specifications, the Chief of Plant Operations III will make final determination of the discrepancy or omission. No additional cost shall be made to the State for oversights in plans and specifications.

19.

SAFETY PRECAUTIONS:

Provide and maintain safety precautions to properly guard against personal injury and property damages as prescribed by authority having jurisdiction, Cal-OSHA Safety Regulations and Title 19, California Code of Regulations, State Fire Marshal’s Regulations.

20.

DAMAGE RESPONSIBILITY:

Contractor shall be liable for all damages done to State property in the performance of this project and shall repair such damage at his own expense. Damage to lawns, trees, shrubs, plants, sprinkler systems and existing sidewalks in particular shall be avoided, and such damage will be repaired before any payment to contractor is made.

Should the contractor perform any work that does not comply with the requirements of the applicable building codes, State laws, local ordinances, industry standards or utility company regulations, the contractor shall bear all costs arising in correcting these deficiencies.

21.

ACCESS:

The contractor shall utilize the shipping entrance located off of Hillcrest Rd. for all work associated with this contract.

22.

CONTRACTOR REGISTRATION:

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after

March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid proposals only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

23.

CONSTRUCTION AREA:

The Contractor, employees, equipment, etc., shall be restricted to the immediate area of construction at a place designated by the State. Contractor shall be prepared to work in a cooperative manner with other contractors who may be performing other projects during the course of this project.

24.

INCLEMENT WEATHER:

Time for inclement weather may be granted. Requests for inclement weather extensions must be made to the State by the Contractor in writing and may be granted upon approval of the State.

25.

EQUIPMENT STANDARDS:

Whenever a material, article or piece of equipment is identified on the drawings or in the specifications by reference to manufacturer’s or vendor’s names, trade names, catalog numbers or the like, it is so identified for the purpose of establishing a standard and any material, article or piece of equipment of other manufacturers or vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or piece of equipment so proposed is, in the opinion of the Chief of Plant Operations III or his designee, of equal substance, appearance and function. It shall not be purchased or installed by the Contractor without the Chief of Plant Operations III or his designee’s written approval. Specifications, standards, tests and recommended methods cited herein from following trade, industry and government organizations shall determine quantity and quality of materials and methods unless specifically designated otherwise.

26.

NOTICE OF COMPLETION:

Upon completion of the contract, the Contractor will notify the Chief of Plant Operations III in writing and schedule a final inspection. If any of the work is unsatisfactory or incomplete, the Chief of Plant Operations III will notify the Contractor, in writing, of all corrections to be made prior to making another inspection for final acceptance when again notified in writing by the Contractor that the contract is complete.

27.

ACCEPTANCE:

Upon determination by the Chief of Plant Operations III that the contract is complete and acceptable to the State, the Chief of Plant Operations III will notify the Contractor in writing of acceptance of the contractual work.

Under no circumstances will any approval or acceptance of work be made by any person other than the Chief of Plant Operations III or in any form other than written.

28. CHANGE ORDERS:

Contractor will determine all materials needed before submitting his bid. No change orders will be issued for the completion of this project, however if any conflict arises between provisions of the plans, specifications, scope of work, or any such law, then the Contractor shall notify the Chief of Plant Operations or designee at once.

a. Whenever the necessity for a change arises either at the request of the Contractor or at the request of the State, the Contractor shall prepare a full and complete detailed estimate of cost and time for the change. Upon approval through the execution of an amendment, Contractor shall proceed with the work.

b. Changes in the work made necessary due to unexpected or unforeseen site conditions may only be performed upon authorization by the Chief of Plant Operations III or designee and in writing through an amendment.

29.

SITE CONDITIONS:

Information on the drawings relative to existing services is approximately only. Deviations found necessary during progress of construction to conform to actual locations shall be made without additional cost to the State. The contractor shall cooperate with the agency and make all changes and connections to existing system at a time most convenient to the agency.

30.

LEAD BASED PAINT:

All paint to be removed or distributed where required to complete the scope of this project shall be considered as lead-based paint unless identified otherwise by the contractor. The removal, disturbance, disposal of lead-based paint and contaminated materials, and decontamination procedures of materials to remain, shall be in accordance with all applicable Federal, State and Local regulations.

The contractor shall retain and pay for all labor, materials, equipment, services and testing necessary to complete the work in compliance with all applicable regulations. The contractor shall submit copies of all required monitoring records to the State, including where applicable and not limited to, Field Reports, Notifications, Manifests, Certificates, Air Monitoring Results and Laboratory Reports.

31.

CHILD SUPPORT COMPLIANCE ACT STATEMENT:

"For any contract in excess of $100,000, the contractor acknowledges in accordance therewith, that:

(a) the contractor recognizes 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; and

(b) the contractor, to the best of its knowledge is fully complying 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 California Employment Development Department."

32.

RESTRICTING USE OF STATE FUNDS:

Contractor is prohibited from using state funds received pursuant to this contract to assist, promote, or deter union organizing during the life of this contract, including any extensions or renewals of the contract in accordance with Government Code, Sections 16645-16649.

33.

BONDING:

The contractor is required to obtain a Payment Bond for all contracts over $25,000.00, and a Performance Bond for all contracts over $10,000.00. The amount of the bonds must be not less than one hundred percent (100%) of the total contract amount.

34.

LICENSES AND PERMITS:

Licenses and permits required shall be provided by the Contractor and he shall abide by any and all Federal, State, and City laws or rules applicable to the work to be done, and shall maintain all required protection for property, employees, and the public and insurance in connection with same, for all of which he shall bear the necessary expenses.

35.

PROTECTION AND CLEANUP:

Any damages resulting from this work shall be repaired or replaced by the Contractor at his expense and the entire work area left in a satisfactory condition.

The Contractor shall protect adjoining property and nearby buildings, including State buildings, State roads, and public streets or roads, from dust, dirt, debris, or other nuisance arising out of the Contractor’s operations or storage practices. Existing adjacent facilities will remain in use throughout the contract time. Interference with institution operations shall be kept to a minimum.

36.

PREVAILING WAGE RATES:

In accordance with the provisions of Section 1773 of the Labor Code, the Department has ascertained that the general prevailing rates of wages applicable in the county in which the work is to be done are those rates established and published by the Director of Industrial Relations. Copies of the rates are on file at the Office of the Chief of Plant Operations III at Porterville Developmental Center and at the Headquarters of the Department of Developmental Services.

37.

LIABILITY:

Neither the State, the Department, nor any officer or employee of the State shall be liable for any loss or damage that may happen to the work or any part thereof or to any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; for damage to property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him, against all of which injuries or damages the Contractor must properly guard. The Contractor shall indemnify and save harmless the State and all officers and employees of the State from all suits, actions or claims brought forth, or on account of any injuries or damages received or sustained by any person or persons, by or from the Contractor, his employees or agents, in the construction of the work or by or in consequence of his failure to properly guard the same, or improper materials used in its construction, or by or on account of any act or omission of the Contractor, his employees or agents.

In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the Department may be retained by the State until disposition has been made of such suits, actions, or claims for damages as aforesaid, but this provision shall not be construed as precluding the State from enforcing any right of offset it may have as to any such money.

38.

CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by Chief of Plant Operations III or his representative, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damages to any part of the work by the action of the elements or from any other cause. The contractor, at Contractors’ cost, shall rebuild, repair, restore, and make good all such damages to any portion of the work occasioned by any of such causes before its acceptance.

39.

ACCIDENT PREVENTION:

Precautions shall be exercised at all times for the protection of persons (including employees) and property. These shall include, but not be limited to, the installation of adequate safety guards and protective devices for all equipment and machinery, whether used in the performance of work or permanently installed as part of the work. The Contractor shall comply with all applicable laws relating to safety precautions, including the safety regulations of the Division of Occupational Safety and Health, Department of Industrial Relations, of the State.

40.

CONDUCT OF WORK AND PERSONNEL:

The state reserves the right to do other work in connection with the project or adjacent thereto by contract or otherwise, and the Contractor shall at all times conduct his work so as to impose no hardship on the State or others engaged in the work, nor to cause any unreasonable delay or hindrance thereto. Where two or more Contractors are employed on related or adjacent work, each shall conduct his operations in such a manner as not to cause delay or additional expense to the other.

All Construction equipment required for prosecution of the work, and all labor, power, and signals required for the installation, operation, and maintenance of such equipment shall be provided by the Contractor. The Contractor shall obtain all necessary measurements for the work and shall check dimensions, levels, and any existing construction and layout and supervise his construction accordingly. Measurements and quantity on plans are to be verified by the Contractor.

Contractor shall make provision to accomplish the work of this contract without undue interruption of utility services. Interruption to any services for the purpose of making or breaking a connection shall be made only after consultation with the Chief of Plant Operations III and shall be at such time and of such duration as may be directed.

Contractor shall perform the work of this contract only on normal workdays, Monday through Friday, and between the hours of 7 a.m. and 4 p.m. After-hours work and work on Saturdays, Sundays, and State holidays will not be permitted unless the Contractor obtains written approval from the Chief of Plant Operations III for interruption of services.

The Contractor’s activities upon the State property shall be confined to spaces, areas, roads, and locations as directed by the Chief of Plant Operations III.

Parking arrangements for Contractor’s personnel shall be made through the Chief of Plant Operations III. Contractor shall be responsible for providing sanitary facilities for his personnel, either through rental or arranging with the State agency.

Tools and equipment owned by the Contractor and his men shall be stored safely overnight under lock and key. Hand-cutting tools shall be checked out each morning and checked in at end of each workday. Loss of any tools or equipment shall be reported immediately to the Chief of Plant Operations III. Neither the Contractor nor workmen shall attempt to borrow tools or other materials from State personnel. Contractor shall remove all temporary equipment upon completion of the work.

All vehicles, equipment and ladders shall be secured when not in use. Keys shall not be left in any vehicles or equipment when not in use. The Department will not be responsible for loss of tools, equipment or materials.

41.

INSPECTION:

Contractor will make daily progress reports and immediately report any abnormalities to the

Chief of Plant Operations III, or his designee. Contractor shall at all times permit the State, its agents, officers and employees to visit the Project site and inspect the Work, including shops where the work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. Including, but not limited to providing lifts, ladders, scaffolds, platforms and paths of travel. When the Contract Documents require a portion of the Work to be tested, such portion of the work shall not be covered up until inspected and approved by the State. The Contractor shall be solely responsible for notifying the State where and when the work is ready for inspection and testing and shall give written notice no fewer than two business days prior to the time of inspection. For inspections that require State Fire Marshal’s (SFM) presence, the Contractor shall provide the State’s Inspector of Record (IOR) written notice where and when the work is ready for inspection no fewer than three business days prior to the time of inspection.

Should any work be covered without the required testing and approval, such work shall be uncovered and recovered at the Contractor’s expense.

42. MATERIALS AND WORKMANSHIP:

All of the material used and all work performed under this contract shall conform in all respects to the latest amended rules, regulations, and requirements which are set forth in the California Building Standards Code (Cal. Code Regs., Title 24), National Electric Code, California Electric Safety Orders, California Department of Industrial Relations, Division of Industrial Safety Regulations, and any other regulatory requirements having jurisdiction over this type of work.

Materials, articles and equipment furnished by the Contractor for incorporation into the work shall be new. When the Contract documents indicate or require that materials, articles, or equipment are to be furnished, but the quality or kind thereof is not particularly specified, shown or indicated, the Contractor shall furnish materials, articles, or equipment at least equal to the class or quality similar to materials, articles and equipment which are specified, shown or indicated. Substantiating data of the equal item shall be presented to the developmental center within 35 calendar days after the award of the contract. All work shall be done in a first-class and workmanlike manner in accordance with the true intent and meaning of the plans and specifications. Every part of the work shall be accomplished by workmen, laborers, or mechanics especially skilled in the class of work required and workmanship shall be the best.

Completed work shall be to the entire satisfaction of the State of California. The Chief of Plant Operations shall be the sole judge as to whether material or workmanship is acceptable. Should any portion of the work completed, any materials, articles, or equipment delivered fail to comply with requirement of the contract, such work, materials, articles, or equipment shall be rejected. The Contractor shall immediately replace at Contractor’s own expense all unacceptable materials and unacceptable work shall immediately be made satisfactory to the State by the Contractor at no additional expenses to the State. Any materials, articles, or equipment which have been rejected shall immediately be removed from the premises at the expense of the Contractor.

43.

OCCUPANCY BY THE STATE PRIOR TO ACCEPTANCE:

The State reserves the right to occupy all or any part of the project prior to completion of the work, upon written order therefore. In such event, the contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the State. Such occupancy does not constitute acceptance by the State of the work or any portion thereof, nor will it relieve the Contractor of responsibility for correcting defective work or materials found at any time before the acceptance of the work.

44.

STOP NOTICES:

The State, taking action as issued by a court, may at any time retain out of any money due the Contractor sums sufficient to cover any unpaid claims filed pursuant to sections 3110 et seq. of the Civil Code, provided that sworn statements of said claims shall have been filed as required by law.

45.

PAYMENT:

Upon completion of the work and acceptance by the State, the Contractor shall submit an invoice to the appropriate facility.

46.

GUARANTEE:

The Contractor hereby unconditionally guarantees that the work will be done in accordance with the requirements of the contract and further guarantees the work of the contract to be and remain free of defects in workmanship and materials for a period of one year from the date of acceptance of the work, unless an alternate guarantee period is specified in specifications. The Contractor hereby agrees to repair or replace any and all work, together with any adjacent work which may be displaced in so doing, that may prove to be not in accordance with the requirements of the contract or that may be defective in its workmanship or material within the guarantee period specified, without any expense whatsoever to the State, ordinary wear and tear and unusual abuse or neglect expected.

47.

RETENTION AND EXAMINATION OF RECORDS:

The Contractor and any subcontractors shall maintain and make available all books, records, documents, and other evidence pertaining to those matters connected with the performance of this contract at all reasonable times during the contract term and for three years from the date of final payment under the contract to any duly authorized state agency including, but not limited to, the Auditor General (if applicable to Government Code, Section 10532) for audit, inspection, or reproduction.

48.

EVALUATION:

Within 30 days of completion of a contract, the Contractor’s performance will be evaluated by the Chief of Plant Operations III or designated representative.

49.

LIQUIDATED DAMAGES:

Contractor shall pay to the State the lump sum of $150.00 per day for each and every working days delay in finishing the work under this contract beyond the stipulated contract time. However, the contractor shall not be assessed liquidated damages when the delay in completing the project is caused by the failure of the State of the owner of utility to provide for removal or relocation of the existing utility facilities.

50. INSURANCE REQUIREMENTS: – Contractor shall comply with all requirements outlined in the (1) General Provisions section and (2) Contract Insurance Requirements outlined in this section. No payments will be made under this contract until contractor fully complies with all requirements.

1. General Provisions Applying to All Policies

a. Coverage Term – Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least thirty (30) days prior to the expiration of this insurance. Any new insurance must comply with the original contract terms of the contract.

b. Policy Cancellation or Termination & Notice of Non-Renewal – Contractor is responsible to notify the State within five (5) business days of any cancellation, non-renewal or material change that affects required insurance coverage. New certificates of insurance are subject to the approval of the Department of General Services and the Contractor agrees no work or services will be performed prior to obtaining such approval. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.

c. Premiums, Assessments and Deductibles – Contractor is responsible for any premiums, policy assessments, deductibles or self-insured retentions contained within their insurance program.

d. Primary Clause – Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State.

e. Insurance Carrier Required Rating – All insurance companies must carry an AM Best rating of at least “A–” with a financial category rating of no lower than VII. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.

f. Endorsements – Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

g. Inadequate Insurance – Inadequate or lack of insurance does not negate the contractor’s obligations under the contract.

h. Available Coverages/Limits – All coverage and limits available to the contractor shall also be available and applicable to the State.

i. Satisfying an SIR - All insurance required by this contract must allow the State to pay and/or act as the contractor’s agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the contractor’s agent in satisfying any SIR is at the State’s discretion.

j. Use of Subcontractors - In the case of Contractor’s utilization of subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insureds under Contractor’s insurance or supply evidence of subcontractor’s insurance to The State equal to policies, coverages, and limits required of Contractor.

2. Contract Insurance Requirements

Contractor shall display evidence of the following on a certificate of insurance evidencing the following coverages:

a. Commercial General Liability – Contractor shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability.

The policy must name “The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract”.

b. Automobile Liability – Contractor shall maintain business automobile liability insurance for limits not less than $1,000,000 combined single limit. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. Should the scope of the Contract involve transportation of hazardous materials, evidence of an MCS-90 endorsement is required.

The policy must name “The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract”.

c. Workers Compensation and Employers Liability – Contractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Contract. In addition, employer’s liability limits of $1,000,000 are required. By signing this contract, Contractor acknowledges compliance with these regulations.

A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California must be attached to certificate.

d. Pollution/Environmental Liability (if applicable) – Contractor shall maintain pollution liability with limits no less than $1,000,000 each incident and $2,000,000 aggregate covering bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs. Coverage shall be for work performed on site as well as during handling and transport of hazardous materials. The transporter of hazardous materials, whether the contractor or a subcontractor, shall provide a copy of its MCS-90 endorsement, or equivalent, to its automobile liability insurance.

The policy must name “The State of California, its officers, agents, and employees as additional insured, but only with respect to work performed under the contract”.

51.

RESOLUTION OF CONTRACT DISPUTES:

Should any question or conflict arise regarding the interpretation or performance of the contract, an attempt shall be made by the Contractor and the Department Manager responsible for the contract to discuss and resolve the matter. If resolution is not reached, the Contractor shall notify the Administrative Services Director (ASD) in writing of any dispute concerning this contract within fifteen (15) days of the discussion between the Contractor and Department Manager.

Any dispute concerning interpretation or performance of this contract shall be decided by the ASD who shall state the factual basis for his/her decision in writing and shall serve a copy of the decision on the Contractor. The ASD’s decision shall be rendered within thirty (30) days of receipt of a dispute submitted by the Contractor.

Before issuance of the ASD’s decision, informal discussions between the parties by individuals not substantially involved in the dispute shall be considered by the parties to resolve the dispute. The Chief, Facilities Planning Branch, Developmental Centers Division, must be notified by the Department Manager of any contract dispute and should be used as a resource in solving potential disputes.

The ASD’s decision shall be final unless the Contractor, within thirty (30) days of the decision, files an appeal with the Director or designee, addressed to the Department of Developmental Services, Chief, Facilities Planning Branch, Developmental Centers Division, 1215 O Street, Sacramento, CA 95814. The Director, or designee, shall decide an appeal within sixty (60) days of submission of all pertinent documents. Pending final determination of any dispute hereunder, the Contractor shall proceed diligently with the performance of this contract.

52. 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 Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

b.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.

53. EMPLOYMENT OF UNDOCUMENTED ALIENS:

No state agency or department, as defined in Public Contract Code 10335.7, that is subject to this code, shall award a public works contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works contract, who has, in the preceding five years, been convicted of violating a state or federal law regarding the employment of undocumented aliens. See Public Contract Code 10335.7.

54. LABOR CODE CERTIFICATIONS:

a. Contractor is aware of the provisions of LC § 3700 which requires 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.

b. It is hereby mutually agreed that the contractor shall forfeit to the State $200.00 dollars for each calendar day, or portion thereof, for each worker paid by him or her, or subcontractor under him or her, less than the prevailing wage so stipulated and in addition the contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly, registered apprentices.

Note: LC § 1771.5 allows exemptions from the general prevailing rate under specific conditions for departments with Labor Compliance Programs.

c. It is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and the contractor shall forfeit, as a penalty to the State, twenty-five dollars ($25) for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than 40 hours in any calendar week, in violation of LC §§ 1810-1815, inclusive.

d. Properly registered apprentices may be employed in the prosecution of the work. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed and shall be employed only at the work of the craft or trade to which he or she is registered. The contractor and each subcontractor must comply with the requirements of LC § 1777.5 and any related regulations regarding the employment of registered apprentices.

e. Each contractor and subcontractor shall comply with the LC § 1776 regarding record keeping.

55.

PROGRESS PAYMENTS:

If progress payments are requested, the following shall supersede paragraph #45 of Exhibit "C", Special Conditions, with the approval of the Chief of Plant Operations III.

Progress payments will be made upon completion of one-quarter increments of the total work to be done provided the Contractor furnishes a Performance Bond (DS-1399) acceptable to the State, in an amount no less than 100 percent of the total contract price, signed by the Surety and the Contractor.

Progress payments will be made upon completion of the work in four increments, i.e., 25%, 50%, 75% and one final payment. The State will withhold ten percent (10%) of each progress payment until the final payment

The contractor shall submit to the Chief of Plant Operations III a request for Progress Payments. The request shall be accompanied by a description of the work done, the quality and value of each type of material installed or stored at the site of the work. Each request will be reviewed and approved by the Chief of Plant Operations III.

It is understood that any Progress Payment made for work completed does not relieve the contractor from the responsibility for completion of the entire work and the contractor shall replace and/or repair any damage to that work which has been paid for at his own expense.

Final payment will be made upon final acceptance of the entire project (including required warranties) and will include payment for the final twenty-five percent (25%) of the work plus all monies previously withheld during construction.

56.

MANDATORY FINGERPRINTING:

Contractors, subcontractors and all other individuals working with or in the immediate vicinity of PDC clients must be fingerprinted. The contractor will be required to pay $49.00 per person to process the fingerprinting.

During the “Start Meeting”, the Project Manager will advise the contractor of the fingerprinting process.

57. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State Page 1 of 2 (rev 2.21.25)