Contract_4689_-_RCCC_New_Potable_Water_Tank_-_Appendix_A.pdf

CONTRACT 4689

SPECIAL PROVISIONS

APPENDIX A

AGREEMENT FORM

Docusign Envelope ID: CD74AB84-4671-8418-818D-87C637D27578

Contract No. 4689

AGREEMENT FOR

PROJECT

THIS AGREEMENT is made and entered into this XX day of XX, 2026, between

County of Sacramento, a political subdivision of the State of California, hereinafter referred to as COUNTY and XXX, a XXX, hereinafter referred to as CONTRACTOR.

WHEREAS, the COUNTY Board of Supervisors approved and adopted plans, specifications and special provisions for the work to be performed under this

Agreement; and

WHEREAS, a Notice to Contractors inviting sealed bids for the performance of the work described in the plans and specifications was published and made available to the general public; and

WHEREAS, CONTRACTOR is the lowest, responsive, and responsible bidder for the performance of the work and is hereby awarded a contract therefor.

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:

• Notice to Contractors;

• CONTRACTOR’S Accepted Bid/Proposal attached as Exhibit A;

• The Standard Construction Specifications adopted by the Sacramento County Board of Supervisors on July 17, 2001, and last revised on

November 1, 2024 (herein “SCS”)(link);

• The Plans, Specifications and Special Provisions

• Contract Drawings and Attachments;

• All addenda to the above;

• Performance Bond and Payment Bond attached as Exhibit B;

• All supplemental agreements (Contract Change Orders) covering alterations, amendments, or extensions;

• The Notice of Intent to Award and the Notice of Award;

https://saccountyspecs.saccounty.gov/Pages/default.aspx

Contract No. 46894513

• The Board Materials heard by the governing Board of

Supervisors/Directors on the June 16, 2026 Agenda;

• COUNTY’s Environmentally Preferable Purchasing (EPP) Policy, linked/ attached to the Special Provisions as Appendix D; and

• All Ancillary Documents. “Ancillary Documents” shall be defined as, but not limited to: supplemental agreements, Contract Change Orders, Field Instructions, assignments, amendments, or any other written directives.

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 precedence over all others. CONTRACTOR must include provisions in every subcontract that this Agreement between the

CONTRACTOR and the COUNTY is part of the subcontract, and that all terms and provisions of this Agreement are incorporated in the subcontract.

2. SCOPE OF WORK

CONTRACTOR will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for this Agreement, Contract

No.4689, as provided for and set forth in the Plans and Specifications, or in either of them. The project entails the total bid which includes only the base bid.

Alternates 1 through 3 will not be used for the basis of award. At the option of the

County, the Add-Alternates may be added into the contract.

All of the work done under this Agreement shall be under the supervision of and performed to the satisfaction of the Engineer of COUNTY who shall have the right to reject any and all materials and supplies furnished by CONTRACTOR which do not comply with said Plans and Specifications, 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 Plans and

Specifications.

https://oce.saccounty.gov/us/en/policies/general-services/environmentally-preferable-purchasing/guidelines-and-procedures.html#gsc.tab=0

3. COMPLETION

Said work shall be completed and ready for acceptance within three-hundred eighty (380) Calendar Days of completion following the date of the commencement of the counting of days as calculated pursuant to Section 7 of the SCS, unless otherwise specified in this Agreement.

4. PAYMENT

Attached hereto as Exhibit A, and by reference made a part hereof, is the

Bid/Proposal and submittal of CONTRACTOR. Said Bid/Proposal and submittal contain the full and complete schedule of the different items of work with the lump sums or unit prices specified.

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 Bid/Proposal, to wit: XXXXXXX

($XXX.00). Said sum shall be paid in accordance with Section 8 of the SCS. 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. COMPLIANCE WITH LAWS

A. CONTRACTOR shall observe and comply with all applicable Federal, State, and County laws, regulations and ordinances.

B. Economic Sanctions. Pursuant to California State Executive Order N-6-22

(Order) imposing economic sanctions against Russia and declaring support of Ukraine, COUNTY shall terminate any contract with any individual or entity that is in violation of the Order or that is subject to economic sanctions therein, and shall not enter a contract with any such individual or entity while the Order is in effect.

C. [if over $5M include the following] CONTRACTOR shall provide a written report to COUNTY within 60 days of the effective date of the contract or

60 days upon request regarding compliance with economic sanctions and steps taken in response to Russia’s action in Ukraine, including but not limited to, desisting from making new investments in, or engaging in financial transactions with Russia or Russian entities, and directly providing support to Ukraine, while the Order is in effect. The COUNTY shall keep the report on file as evidence of compliance with the Order.

D. SB 1383 Regulation. CONTRACTOR’S failure to comply with relevant SB

1383 regulations in support of the California Global Warming Solutions

Act and reporting as further specified in the COUNTY’s Environmentally

Preferable Purchasing (EPP) policy which is linked / attached to the Special

Provisions as Appendix D and incorporated herein, in the provision of

Recycled Paper Products and Printing and Writing Paper and/or Recovered

Organic Waste Products in the performance of this Agreement is a material breach of this Agreement.

CONTRACTOR shall be required to submit SB 1383 reports to the COUNTY as directed, such reports are required before Field Acceptance of the

Work. A sample report is included in Appendix G. CONTRACTOR may substitute their own report provided it contains at minimum the information requested in the sample report. Reports must be submitted to: sb1383reports@saccounty.gov.

E. Advanced Clean Fleets Regulation. CONTRACTOR and any and all subcontractors shall at all times have valid Certificates of Reported

Compliance as described in California Code of Regulations, title 13, ("13

CCR") section 2449(n) for fleets of vehicles subject to 13 CCR section

2449 which may be used in performance of this Agreement. No such vehicle is permitted onsite unless and until CONTRACTOR provides

AGENCY with a valid Certificate of Reported compliance therefore.

Docusign Envelope ID: CD74AB84-4671-8418-818D-87C637D27578 https://oce.saccounty.gov/us/en/policies/general-services/environmentally-preferable-purchasing/guidelines-and-procedures.html#gsc.tab=0 mailto:sb1383reports@saccounty.gov

Vehicles with a gross vehicle weight greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations, see Advanced Clean Fleets Regulation and Advisories. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, see CARB Advanced Clean

Fleets.

6. PREVAILING WAGES (Non-Federal)

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 Labor Compliance Program, 9800 Goethe Road, Sacramento, California

95827.

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.

The County of Sacramento received final approval from the Director of

California Department of Industrial Relations as a Labor Compliance Program effective March 15, 1994. All questions regarding this Labor Compliance Program and prevailing wage requirements should be directed to the office of Labor

Compliance Program at (916) 875-2711.

https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets/advanced-clean-fleets-regulation-advisories https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets

7. INSURANCE

CONTRACTOR shall carry and maintain during the life of this Agreement all applicable insurance policies as required by Section 3-9 of the SCS, or as modified by the Special Provisions/Project Specifications.

8. 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.”

9. PERFORMANCE AND PAYMENT BONDS

CONTRACTOR shall, before beginning work under this Agreement, file two bonds with the COUNTY, 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.

10. INDEMNIFICATION

CONTRACTOR shall defend, indemnify and save harmless the COUNTY its officers, directors, officials, employees, and volunteers as set forth in Section 6-2 of the SCS.

11. NO LIMITATION OF LIABILITY FOR INDEMNIFICATION

This indemnity obligation shall 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 shall survive the expiration or termination of this Agreement.

12. NON-DISCRIMINATION IN EMPLOYMENT

A. CONTRACTOR shall comply with all applicable federal, state, and local anti-discrimination laws, regulations, and ordinances and shall not discriminate against any employee, applicant for employment, or volunteer because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, refuse to hire or employ the person or refuse to select the person for a training program leading to employment, or bar or discharge the person from employment or from a training program leading to employment, or discriminate against the person in compensation or in terms, conditions, or privileges of employment. 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 require all subcontractors comply with this nondiscrimination provision.

13. TERMINATION

A. TERMINATION 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 pursuant to Section 5-22.03.A of the

SCS.

B. TERMINATION FOR CAUSE

COUNTY shall have the right to terminate this Agreement for cause pursuant to Section 5-22.01.C of the SCS and any other relevant Federal, State, or County laws, regulations, and ordinances, as applicable.

14. CERTIFICATION OF NON-DEBARMENT

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

CONTRACTOR certifies, by acceptance of this Agreement 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

Agreement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts.

15. CHILD AND FAMILY SUPPORT OBLIGATIONS

A. CONTRACTOR’s failure to comply with state and federal child, family and spousal support reporting requirements regarding a CONTRACTOR’S employees or failure to implement lawfully served wage and earnings can remove. This is for federal funded projects assignment orders or notices of assignment relating to child, family and spousal support obligations shall constitute a default under this

Agreement.

B. CONTRACTOR’s failure to cure such default within 90 days of notice by

COUNTY shall be grounds for termination of this Agreement.

16. GOVERNING LAWS AND JURISDICTION

This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.

17. CHANGE ORDERS AND AMENDMENTS

Any change in the scope of work, method of performance, nature or price of materials, alteration, amendment, variation, or waiver of the terms of this

Agreement shall not be valid unless such change, alteration, waiver or deletion is approved in writing by the COUNTY. Such changes can be done through a written change order or amendment to this Agreement.

Unless otherwise authorized, any change order or other amendment to this

Agreement, shall comply with Public Contract Code section 20142.

18. 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 COUNTY 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.

19. DUPLICATE COUNTERPARTS

This Agreement may be executed in several counterparts, all of which together shall be deemed one and the same agreement. Electronic and scanned signatures shall be deemed original signatures for all purposes, including proof of terms herein, and shall be binding on each party.

(SIGNATURE PAGE FOLLOWS)

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

COUNTY OF SACRAMENTO,

a political subdivision of the State of

California

NAME,

a California corporation

By:

Name

Title

Agency

“COUNTY”

Date:

By:

Name:

Title:

“CONTRACTOR”

Date:

Agreement Reviewed By County Counsel:

By Name

Supervising/Deputy County Counsel

Prepared By:

By

Contract and Purchasing Services Division Department of General Services