Division_00_documents.pdf

East Mesa Juvenile Detention Facility RFP 12786

Softening of Housing Units Project MP26106

00 52 96 Agreement (Rev. 02/24/26) Page 1 of 8

00 52 96 COUNTY AGREEMENT NUMBER XXXXX

CONTRACT WITH XXX FOR

CONSTRUCTION MANAGER AT RISK OF

EMJDF – SOFTENING OF HOUSING UNITS

This agreement (“Agreement”) is made and entered into on _____________, 20XX by and between the County of San Diego, a political subdivision of the State of California (“County”), and XXX, a California corporation (“Contractor”), with reference to the following facts:

RECITALS

A. The County, by action of the Board of Supervisors on May 19, 2026, Minute Order No. 12, authorized the Director of Purchasing and Contracting to award a Construction Manager At Risk contract for EAST MESA JUVENILE DETENTION FACILITY (EMJDF) – SOFTENING OF HOUSING UNITS, SAN DIEGO, California (“Project”).

B. Contractor is specially trained and possess certain skills, experience, education and competency to perform the work described herein.

C. On XX, the County issued Request for Proposals No. 12786. Contractor submitted a timely and responsive proposal on or before the deadline of XX, at XX:00 p.m.

D. On XX, the County issued a notice of intent to award the contract to Contractor. No protests pursuant to Board Policy A-97 have been filed within the time required by law.

NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

INCORPORATION OF RECITALS

The Recitals set forth above are incorporated into and made a part of this Agreement by this reference.

DEFINITIONS

Unless otherwise specified, all capitalized terms in this Agreement shall have the meaning ascribed to them in the General Conditions.

ARTICLE 1 WORK

Contractor shall provide all Work required by the Contract Documents. Contractor agrees to do additional work arising from changes ordered by the County pursuant to the General Conditions.

The Work will be performed in phases identified as follows:

Phase 1 Pre-Construction Services

Phase 2 Construction

00 52 96 Agreement (Rev. 02/24/26) Page 2 of 8

ARTICLE 2 OPTION

2.1 The County, in its sole discretion may require the performance of the Work under Phase 2 by exercising its option, in writing, directing the Contractor to proceed with performance under Phase 2. The option for Phase 2 may be exercised at any time after the notice to proceed is issued for Phase 1, but no earlier than the Phase 1 Time less the Design/Construction Overlap Duration, nor later than 180 calendar days after the completion of Phase 1. Additionally, the County will not exercise its option for Phase 2 until and unless Contractor submits the signed Warranty Letter in the form attached hereto.

2.2 At County’s sole discretion, the Work under Phase 2 may be further divided into phasing component options that the County may exercise independently.

ARTICLE 3 CONTRACT DOCUMENTS

“Contract Documents” means the

• 00 11 19 Request For Proposals 12786,

• 00 11 19.01 Precontract Addenda,

• 00 42 53 Contractor’s Proposal dated XXXXX,

• 00 42 53.01 Precontract Proposal Revisions,

• 00 52 96 County Agreement Number XXXXX,

• 00 54 13 Scope of Work,

• 00 55 00 Notice To Proceed,

• 00 61 13.13 Performance Bond,

• 00 61 13.16 Payment Bond,

• 00 62 76 Application for Payment Form,

• 00 63 36 Field Orders,

• 00 63 63 Change Orders,

• 00 65 16 Certificate of Substantial Completion,

• 00 65 19.19 Consent of Surety to Final Payment Form,

• 00 65 36 Warranty Letter,

• 00 72 95 General Conditions,

• 00 73 16.01 Insurance Requirements for Preconstruction

• 00 73 16.02 Insurance Requirements for Construction

• General Requirement Specifications (i.e., Construction Specifications Institute (CSI) MasterFormat Division 01) prepared by County

00 52 96 Agreement (Rev. 02/24/26) Page 3 of 8

• Technical Specifications (i.e., CSI MasterFormat Divisions 02 through 48)

• Drawings, and

• All other documents identified in this Agreement that together form the contract between County and Contractor for the Work (the “Contract”).

The Contract constitutes the complete agreement between the County and Contractor and supersedes any previous agreements or understandings.

ARTICLE 4 PHASE 1 AND PHASE 2 SUMS

4.1 PHASE 1 SUMS

4.1.1 Subject to the provisions of the Contract Documents, County shall pay Contractor the sums specified for the respective deliverables specified in the Price Proposal of the 00 42 53 Contractor’s Proposal dated XX, up to the following, each a “Phase 1 Sum”:

4.1.1.1 Contract Option 1 Softening of Housing Units, Phase 1 Sum $XX

4.1.2 The Contract Sum on the date of the notice to proceed is the Phase 1 Sum.

4.2 PHASE 2 SUMS

4.2.1 If the County exercises its option for Phase 2, the County shall pay to Contractor for the performance of the Construction Work the sum of the Contractor’s Fee plus the Direct Pass-Through Costs plus the portion of an Allowance the Contractor has earned, if any, plus the portion of the County Controlled Contingency the Contractor has earned, if any (“Phase 2 Sum”).

4.2.2 Upon issuance of the notice to proceed for Phase 2, the Contract Sum will be revised to be the Phase 1 Sum, as modified by any Change Order, and the Phase 2 Sum.

4.2.3 In no event shall the Direct Pass-Through Cost include any costs included in the Contractor’s Fee, as defined in the General Conditions. Unless authorized by a properly executed and County-approved change to the Subcontractors’ work pursuant to the General Conditions that would entitle a Subcontractor to additional compensation for which County is responsible, County shall not pay any additional sum for the Subcontractors’ work.

4.3 BUDGET NOT-TO-EXCEED

4.3.1 The total of the Phase 1 Sum and the Phase 2 Sum may not exceed the following, each a “Budget Not-To-Exceed” or “Budget NTE”:

4.3.1.1 Contract Option 1 Softening of Housing Units, Budget NTE $7,500,000.00

4.3.2 The County does not represent that the Budget NTE will be reached, and Contractor’s right of recovery shall be limited to the Contract Sum pursuant to the provisions of this Agreement.

00 52 96 Agreement (Rev. 02/24/26) Page 4 of 8

4.4 CONTRACT OPTIONS FOR EXTRA WORK

Per the section titled, “Contract Options,” of the 00 72 95 General Conditions, the County may require Contractor to perform, at the County’s sole option, one or more Contract Options for extra work and materials.

ARTICLE 5 CONTRACT TIME

5.1 PHASE 1

5.1.1 Contractor shall commence the Work for Phase 1 on the date specified in the notice to proceed for Phase 1 and fully complete the Work within the following, each a “Phase 1 Time”:

5.1.1.1 Contract Option 1 Softening of Housing Units, Phase 1 Time 45 calendar days

5.1.2 The Contract Time on the date of the notice to proceed is the Phase 1 Time.

5.2 PHASE 2

5.2.1 The Contractor shall commence the Work for Phase 2 on the date specified in the notice to proceed for Phase 2 and fully complete the Work for Phase 2 within the following, each a “Phase 2 Time”.

5.2.1.1 Contract Option 1 Softening of Housing Units, Phase 2 Time 453 calendar days

5.2.2 Upon issuance of the notice to proceed for Phase 2, the Contract Time will be revised to be number of days calculated from the date specified on the Phase 1 notice to proceed, as modified by any Change Order, to the date of the notice to proceed for Phase 2 plus the Phase 2 Time. If the County, in its sole discretion, allows a Design/Construction Overlap Duration, the resulting Contract Time savings will be negotiated during Phase 1 Preconstruction.

5.3 By signing this Agreement, Contractor represents to the County that the Contract Time for each Phase is reasonable for completion of the Work for that Phase and that Contractor will complete the Work within the Contract Time.

ARTICLE 6 LIQUIDATED DAMAGES

6.1 Time is of the essence. If Contractor fails to complete the Work within the Contract Time, Contractor shall pay to the County, as liquidated damages and not as a penalty, the sum of the following for each day after the expiration of the Contract Time that the Work remains incomplete:

6.1.1 Contract Option 1 Softening of Housing Units, Liquidated Damages of $970.98 per day

6.2 After Substantial Completion, the rate for liquidated damages shall be reduced to the sum of the following.

6.2.1 Contract Option 1 Softening of Housing Units, Liquidated Damages of $727.00 per day

00 52 96 Agreement (Rev. 02/24/26) Page 5 of 8

6.3 The County and Contractor agree that if the Work is not completed within the Contract Time, the County’s damages would be extremely difficult or impracticable to determine and that the aforesaid amounts are reasonable estimates of and reasonable sums for such damages.

6.4 The County may deduct any liquidated damages due from Contractor from any amounts otherwise due to Contractor under the Contract Documents.

6.5 This article shall apply to both Phase 1 Pre-Construction Services and Phase 2 Construction.

6.6 This article shall not limit any right or remedy of the County in the event of any other default of Contractor other than failing to complete the Work within the Contract Time.

6.7 This article is in accordance with California Government Code § 53069.85.

ARTICLE 7 COMPENSABLE DELAY

7.1 PHASE 1

If Contractor is entitled to an increase in the Phase 1 Sum as a result of a Compensable Delay, determined pursuant to the General Conditions, the Phase 1 Sum will be increased by the sum of the following for each day for which such compensation is payable, each a “Compensable Delay Daily Rate”. This section will only apply to the extent that Contractor fulfills requisites proving entitlement to Compensable Delay damages.

7.1.1 Contract Option 1 Softening of Housing Units, Phase 1 Compensable Delay Daily Rate of $398.61 per day

7.2 PHASE 2

If Contractor is entitled to an increase in the Phase 2 Sum as a result of a Compensable Delay, determined pursuant to the General Conditions, the Phase 2 Sum will be increased by the following for each day for which such compensation is payable (“Compensable Delay Daily Rate”).

This section will only apply if the County exercises its option for Phase 2, and only to the extent that Contractor fulfills requisites proving entitlement to Compensable Delay damages.

7.2.1 Contract Option 1 Softening of Housing Units, Phase 2 Compensable Delay Daily Rate of $908.94 per day

ARTICLE 8 DUE AUTHORIZATION

The person or persons signing this Agreement on behalf of Contractor hereby represent and warrant to County that this Agreement is duly authorized, signed, and delivered by Contractor.

ARTICLE 9 CONTRACTOR’S REPRESENTATIONS

00 52 96 Agreement (Rev. 02/24/26) Page 6 of 8

9.1 Without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in the Contract Documents, or implied by operation of law, Contractor makes the following representations to the County:

9.1.1 Contractor accepts the relationship of trust and confidence with the County established by the Contract Documents. Contractor will cooperate with the County.

9.1.2 Contractor has carefully examined the site of the Project, to the extent available, and the adjacent areas, has suitably investigated the nature and location of the Work and has satisfied itself as to the general and local conditions which will be applicable, including but not limited to: (i) conditions related to site access and to the transportation, disposal, handling and storage of materials; (ii) the availability of labor, water, power and roads; (iii) normal weather conditions; (iv) observable physical conditions at the site and existing site conditions including: size, utility capacities and connection options of external utilities; (v) the surface conditions of the ground and (vi) the character and availability of the equipment and facilities which will be needed prior to and during the performance of Work.

9.1.3 Contractor has suitably reviewed documentation furnished by the County in the Information Available to Proposers.

9.1.4 All labor, services, materials, equipment and furnishings incorporated into or used as part of the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents), and free of liens, claims, and security interests of third parties. If required by the County, Contractor will furnish satisfactory evidence as to the kind and quality of the materials, equipment and furnishings.

9.1.5 The Work will be of good quality and free of defects and will conform with the requirements of the Contract Documents. Work not conforming to the requirements of the Contract Documents, including substitutions in design or construction not specifically approved or authorized by the County in advance, may be considered defective.

9.1.6 All project construction cost estimates provided by the Contractor for the Work will be complete and accurate, will incorporate the cost for the means and methods required to complete the Work, and will incorporate the cost for all schedule constraints shown in the Contract Schedule necessary to complete the work within the Contract Time.

ARTICLE 10 CONTRACTOR’S REPRESENTATIVE

10.1 Contractor designates the following person as its representative for the Project (“Contractor’s Representative”):

(Insert Contractor’s Representative Information)

10.2 Contractor’s Representative will administer this Agreement, will be the onsite point of contact for Contractor, and will be responsible for oversight of the Project.

10.3 The Contractor’s Representative is authorized to execute Change Orders on behalf of Contractor.

00 52 96 Agreement (Rev. 02/24/26) Page 7 of 8

10.4 Except as otherwise provided in the Contract, Contractor shall issue all communications to the County through the Contractor’s Representative.

ARTICLE 11 CONTRACTING OFFICER’S REPRESENTATIVE

11.1 The County designates the following person as its representative for the Project (“Contracting Officer’s Representative”):

Enrique Ceseña, Project Manager

Department of General Services

5560 Overland Avenue, Suite 410

San Diego, CA 92123

Phone: 619.778.5896

Email: enrique.cesena@sdcounty.ca.gov

11.2 The Contracting Officer’s Representative will administer this Contract by chairing progress meetings with Contractor, receiving and approving Contractor invoices for payment, auditing and inspecting Contractor’s records, and providing other information as required.

11.3 Other than changes to the Contract Sum and Contract Time issued as part of a properly executed Change Order to this Contract, the Contracting Officer’s Representative does not have authority to change the terms and conditions of the 00 52 96 Agreement or 00 72 95 General Conditions.

11.4 Except as otherwise provided in the Contract or subsequently identified in writing by the County, the County shall issue all communications to Contractor through the Contracting Officer’s Representative, and Contractor shall issue all communications to the County through Contracting Officer’s Representative in a written document delivered to Contracting Officer’s Representative.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

00 52 96 Agreement (Rev. 02/24/26) Page 8 of 8

THIS AGREEMENT is entered into by County and Contractor as of the date set forth above.

COUNTY OF SAN DIEGO

By:

MAGGIE RAMSBERGER, Acting Director

Department of Purchasing and Contracting

[INSERT NAME OF COMPANY]

Print Name

Print Title

Date

APPROVED AS TO FORM AND LEGALITY

COUNTY COUNSEL

Senior Deputy

Print Name

Print Title

Date

Note: Provide proof (resolution from corp.’s board, etc.) that person who signs contract is authorized to sign, or, if Contractor is a Calif. corp., one signature from each of the following two groups:

• Executive Group: President, Vice-president or Chairman of Board; and

• Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer. (Corp. Code § 313.)]

00 54 13 Scope of Work (Rev. 05/13/26) Page 1 of 9

00 54 13 SCOPE OF WORK

ARTICLE 1 CONSTRUCTION MANAGER AT RISK SERVICES

ARTICLE 2 PHASE 1 PRE-CONSTRUCTION SERVICES

ARTICLE 3 PHASE 2 CONSTRUCTION

ARTICLE 4 ATTACHMENTS

00 54 13 Scope of Work (Rev. 05/13/26) Page 2 of 9

ARTICLE 1 CONSTRUCTION MANAGER AT RISK SERVICES

1.1 GENERAL

1.1.1 Contractor shall work collaboratively with the County to perform the Work.

1.1.2 Contractor shall provide a complete, usable, and fully operable Project. This includes, but is not limited to, providing all supplies, housing, materials, equipment, utilities, utility connections, supervision, labor, and services for procurement, quality control, inspection, construction, installation, startup, checkout, testing, site cleanup, and training of the County’s personnel.

1.1.3 Contractor shall provide presentations to community members and community groups.

1.1.4 Contractor shall maintain positive relationships and communications with the public.

1.2 PERMITS AND FEES

1.2.1 Except as otherwise stated in this section, Contractor shall apply for, pay for, obtain, coordinate and schedule all permits, approvals, government fees, licenses, agreements, inspections, and easements for the Work from all Authorities Having Jurisdiction (AHJ).

1.2.1.1 County shall pay for, apply for, and obtain California Environmental Quality Act (CEQA) approval.

1.2.1.2 County shall pay for Building Permits and Grading Permits in accordance with (i) the section titled, “Building Official Inspections,” of 00 72 95 General Conditions and (ii) 01 41 26 Building & Grading Permits & Inspections.

1.2.1.3 County shall pay for and obtain Special Inspections in accordance with the section titled, “Special Inspections,” of 00 72 95 General Conditions.

1.2.2 Contractor shall provide for and adhere to all requirements of all permits, approvals, licenses, agreements, and easements, including without limitation, mitigation measures and Project constraints required to comply with the California Environmental Quality Act

(CEQA).

1.2.3 Contractor shall deliver to the County all original permits, approvals, licenses, agreements, and easements obtained by Contractor in connection with the Work prior to the final payment or upon termination of the Contract, whichever is earlier.

00 54 13 Scope of Work (Rev. 05/13/26) Page 3 of 9

ARTICLE 2 PHASE 1 PRE-CONSTRUCTION SERVICES

2.1 GENERAL

2.1.1 Contractor shall do all Work required by the Contract Documents, including without limitation all Work necessary or reasonably required to complete Phase 1 and deliver to the County an acceptable Guaranteed Maximum Price (GMP) Package. This includes, but is not limited to, the following:

2.1.1.1 holding partnering sessions,

2.1.1.2 robustly investigating existing conditions, including without limitation, latent conditions and subsurface conditions,

2.1.1.3 validating the conditions represented or indicated in the Contract Documents and Information Available to Proposers,

2.1.1.4 collaborating with the County’s consultants,

2.1.1.5 gathering input from County user groups and facility end users regarding Project objectives, requirements, and concerns,

2.1.1.6 identifying applicable Authorities Having Jurisdiction (AHJ) and the permits, entitlements, fees, submissions, or other items they require,

2.1.1.7 identifying applicable utilities and the permits, entitlements, fees, submissions, or other items they require,

2.1.1.8 providing constructability reviews and recommendations,

2.1.1.9 identifying construction risk factors and proposing mitigations,

2.1.1.10 providing cost estimates,

2.1.1.11 providing schedules,

2.1.1.12 providing procurement recommendations, and

2.1.1.13 providing a Guaranteed Maximum Price (GMP) Package that the County deems acceptable.

2.2 DESIGN SUBMISSION REVIEW

2.2.1 The County may provide one or more of the following design submissions to the Contractor, which may include Drawings, Specifications, and other documents:

2.2.1.1 100% Design Development drawings.

2.2.2 Within 45 days of receiving each design submission, Contractor shall:

00 54 13 Scope of Work (Rev. 05/13/26) Page 4 of 9

2.2.2.1 Provide a detailed constructability review in writing, noting all instances where the design submission is

2.2.2.1.1 unclear, inconsistent, or uncoordinated across disciplines;

2.2.2.1.2 infeasible, unable to be constructed, or poses potential physical and logistical challenges for Phase 2 Construction;

2.2.2.1.3 not sequenced or poses potential delays or complication for Phase 2 Construction;

2.2.2.1.4 inefficient in terms of cost, wasteful, or uses uneconomical materials;

2.2.2.1.5 specifying materials that are unavailable or have excessive lead times; and

2.2.2.1.6 unsafe or will create high-risk work areas during Phase 2 Construction.

2.2.2.2 Provide a detailed cost estimate in writing, confirming whether the Project is affordable within the Budget Not to Exceed (Budget NTE).

2.2.2.3 Where the Project is not affordable within the Budget NTE, provide written Value Engineering Proposals, as discussed herein, that result in the Project being affordable within the Budget NTE.

2.2.2.4 Provide (i) a list of material or equipment with long lead times, if any, (ii) the material’s or equipment’s lead time, and (iii) the dates upon which the Contractor must order the material or equipment to maintain the Contract Schedule.

2.3 VALUE ENGINEERING PROPOSALS

2.3.1 Contractor shall prepare and submit to County written Value Engineering Proposals ("VEP") for alternative systems, finishes, equipment, etc. that satisfy the general criteria of the Work and result in savings of time or money. Each VEP shall describe the proposed change, identify all aspects of the Work directly or indirectly affected by the change, specify the cost or time savings to be achieved if the VEP is accepted, and detail any anticipated effect on the service life, economy of operation, ease of maintenance, appearance, design or safety standards of the completed Work. Cost savings resulting from VEPs shall become County Controlled Contingency. Time savings shall become float on the Contract Schedule.

2.4 GUARANTEED MAXIMUM PRICE (GMP) PACKAGE SUBMISSION

2.4.1 Within 45 days of receiving the Design Development Documents, the Contractor shall prepare the Guaranteed Maximum Price (GMP) Package and submit it to the County.

00 54 13 Scope of Work (Rev. 05/13/26) Page 5 of 9

2.4.2 The GMP package shall include the following items in the order shown:

2.4.2.1 Signed Cover Letter

2.4.2.2 Guaranteed Maximum Price (GMP)

2.4.2.2.1 Direct Pass-Through Costs

2.4.2.2.1.1 Contractor Expanded List of Subcontractors on

form attached herein. Form must demonstrate a minimum three percent Small-Local Business participation.

2.4.2.2.1.2 Self-Performed Work, with detailed breakdown of

price.

2.4.2.2.1.3 Guaranteed maximum prices of Direct Pass-

Through Costs for Work not yet competitively procured from a Subcontractor in accordance with the General Conditions. Contractor shall determine a reasonable guaranteed maximum price for Direct Pass-Through Costs for Work not yet competitively procured from a Subcontractor based upon Contractor’s internal pricing data, other projects’ data, internal estimators with expert knowledge, historical averages, and current market conditions. Contractor shall provide its determination with supporting documentation.

2.4.2.2.2 Contractor’s Fee (Phase 2)

2.4.2.2.2.1 Profit & Home Office Overhead

2.4.2.2.2.2 General Conditions & General Requirements

2.4.2.2.3 Allowances, if any and if allowed by County

2.4.2.2.4 County Controlled Contingency of 5% of Direct Pass-Through Costs

2.4.2.3 Updated Contract Schedule

2.4.2.4 Add/deduct alternates, if any

2.4.2.5 Value engineering proposals, if any

2.4.2.6 Contractor’s Requests for Information with County responses, if any

2.4.2.7 Contractor Expanded List of Subcontractors.

00 54 13 Scope of Work (Rev. 05/13/26) Page 6 of 9

2.4.2.8 Copies of Proposer’s and all Subcontractors most recent, valid Certificates of Reported Compliance issued by California Air Resources Board (CARB).

2.4.2.9 00 65 36 Warranty Letter

2.4.3 The County shall review the GMP Package and determine, in its sole discretion, that it is acceptable. If County does not find the GMP Package to be acceptable, County may negotiate revisions to any of the documents submitted, including the GMP itself. If County finds the GMP Package to be acceptable, County may exercise its option, in writing and within the time period specified in the article titled “Option” of 00 52 96 Agreement, directing the Contractor to proceed with performance under Phase 2.

2.4.4 The GMP Package constitutes a firm offer that the Contractor shall hold open and may not revoke, withdraw, or modify while the County may exercise its option for Phase 2 as specified in the article titled “Option” of 00 52 96 Agreement.

ARTICLE 3 PHASE 2 CONSTRUCTION

3.1 GENERAL

3.1.1 Contractor shall commence construction of the Work as provided in a written Notice to Proceed issued by the County.

3.1.2 Contractor shall do all Work required by the Contract Documents, including without limitation all Work necessary or reasonably required to complete Phase 2 and deliver to the County a complete and usable facility as detailed in the Drawings and Specifications issued for Construction.

3.1.3 Contractor shall maintain Personal Protective Equipment for approximately 10 visitors.

Upon request by the County, Contractor shall provide jobsite tours at a time specified by the County.

3.1.4 Contractor shall provide the following and anything else specified in the Contract Documents:

3.1.4.1 Project management, project engineering, supervision, safety management, and quality control services;

3.1.4.2 Subcontract management and coordination;

3.1.4.3 Project accounting and reporting;

3.1.4.4 Labor law compliance documentation, certified payroll, and daily reports;

3.1.4.5 Construction progress cleaning and final cleaning; and

3.1.4.6 Coordination of as-built documentation and closeout deliverables.

00 54 13 Scope of Work (Rev. 05/13/26) Page 7 of 9

3.1.5 Contractor shall do the following and anything else specified in the Contract Documents:

3.1.5.1 Oversee the implementation of the Design and Specifications;

3.1.5.2 Inspect the Work in progress;

3.1.5.3 Document the progress of Construction Work through inspection reports with photographs and submit them to the County;

3.1.5.4 Ensure the Construction Work conforms to the Drawings and Specifications;

3.1.5.5 Assess the materials used, construction techniques, and the overall craftsmanship to maintain quality standards and the integrity of the design;

3.1.5.6 Review and approve or reject submittals from Subcontractors, including material samples, shop drawings, and other documents, and ensure that the materials and products used in construction meet, conform to the Drawings and Specifications; and,

3.1.5.7 Collaborate with the County and its consultants.

3.1.6 Contractor shall prepare the following and anything else specified in the Contract Documents:

3.1.6.1 A Stormwater Pollution Prevention Plan (SWPPP) and implement its requirements;

3.1.6.2 Submittals, shop drawings, and product data; and,

3.1.6.3 Payment applications with lien waivers.

3.1.7 Contractor shall prepare applications for, apply for, and pay for the following and anything else specified in the Contract Documents:

3.1.7.1 All permits and other approvals from Authorities Having Jurisdiction

(AHJ);

3.1.7.2 Personnel badging with the County Security Office; and

3.1.7.3 Utility service connections, including without limitation, electrical, sanitary sewer, domestic water, fire protection water, natural gas, telecommunications, and storm sewer.

00 54 13 Scope of Work (Rev. 05/13/26) Page 8 of 9

ARTICLE 4 ATTACHMENTS

4.1 CONTRACTOR EXPANDED LIST OF SUBCONTRACTORS FORM

Remainder of page left blank.

00 54 13 Scope of Work (Rev. 05/13/26) Page 9 of 9

END OF SECTION

00 55 00 Notice to Proceed (Rev. 06/12/2025) Page 1 of 1

MAGGIE RAMSBERGER

ACTING DIRECTOR

DEPARTMENT OF PURCHASING AND CONTRACTING

5560 OVERLAND AVENUE, SUITE 270, SAN DIEGO, CALIFORNIA 92123-1204

Phone (858) 505-6367 Fax (858) 715-6452

BRENDA MILLER

ASSISTANT DIRECTOR

Date

Name, Title Via email:

Company Name Address City, State, Zip Code

Subject: NOTICE TO PROCEED

Contract No. XXXXXX for EAST MESA JUVENILE DETENTION FACILITY –

SOFTENING OF HOUSING UNITS.

Dear Mr./Ms. XXXXX:

Your fully executed copy of the above-mentioned contract with the County of San Diego is available for pickup. The following information is provided.

Award Date: [DATE OF NOTICE TO AWARD]

Time of Completion: Within XXXXXX (XX) calendar days.

Start of Work: [DATE WORK STARTS]

Complete Work: [DATE OF COMPLETION]

This is your notice to proceed with the work. Your attention is directed to the article titled, “Contract Time” of 00 52 96 Agreement requiring adherence to the dates that appear above. Should you have any question on this Notice, you may contact [PCO NAME, TITLE, AND EMAIL ADDRESS].

Maggie Ramsberger, Acting Director Department of Purchasing and Contracting Received: __________________________ ARH:xxx (Company Name)

Date: ______________________________

Please sign, date, and return this Notice to Proceed immediately upon receipt to the Procurement Contracting Officer at the email address above.

BOND NO. ___________________

00 61 13.13 Performance Bond Page 1 of 2

00 61 13.13 PERFORMANCE BOND

WHEREAS, the County of San Diego (hereinafter designated as COUNTY) and [CONTRACTOR] (hereinafter designated as PRINCIPAL) have entered into a Contract for the furnishing of all materials, labor, services and equipment necessary, convenient and proper to:

CONSTRUCTION MANAGER AT RISK WITH A GUARANTEED MAXIMUM PRICE

EAST MESA JUVENILE DETENTION FACILITY – SOFTENING OF HOUSING UNITS

CONTRACT NO. XXXXXX; RFP 12786

pursuant to said Contract awarded on [DATE]; and all of the documents attached thereto and incorporated by reference, becoming a part of said Contract, are hereby referred to and made a part hereof; and, WHEREAS, said PRINCIPAL is required according to the terms of said Contract and applicable California State law, to furnish a Bond for the faithful Performance of said Contract.

NOW, THEREFORE, we, the PRINCIPAL and ______________________________________________ ________________________________________________ as SURETY, are held and firmly bound unto the COUNTY in the penal sum of: [INSERT AMOUNT IN WORDS] Dollars (INSERT AMOUNT IN NUMBERS), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said PRINCIPAL, its subcontractors, heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and agreements in said Contract and any and all alterations thereof made as therein provided, on its or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the COUNTY, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

And said SURETY for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or deletion to the terms of said Contract, the accompanying Contract Documents, or to the Work to be performed hereunder shall in any way affect its obligations on this Bond, and the SURETY hereby waives notice of any such change, extension of time, alteration, addition or deletion to the terms of said Contract or to the Contract Documents or to the Work.

In the event the COUNTY terminates the PRINCIPAL’s right to complete the Contract, the SURETY shall be obligated, without duplication, for:

(a) the responsibilities of the PRINCIPAL for correction of defective work and completion of the Contract

(b) additional legal, design, professional and delay costs resulting from the PRINCIPAL’s default, and resulting from the actions or failure to act of the SURETY under this Bond

(c) damages, including liquidated damages, as specified in the Contract.

In the event of such termination, the COUNTY may, at its sole option:

(a) collect payment under this Bond and take over and prosecute the Contract to completion by contract or by any other methods it may deem advisable,

(b) require the SURETY to undertake to perform and complete the Contract itself, through its agents or through independent contractors, or

(c) require the SURETY, through a process acceptable to the COUNTY, to obtain bids or negotiated

00 61 13.13 Performance Bond Page 2 of 2 proposals from qualified contractors acceptable to the COUNTY for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the COUNTY and the contractor selected with the COUNTY’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the COUNTY the amount of damages, including actual and liquidated damages, incurred in excess of the balance of the Contract price as a result of the PRINCIPAL’s default.

In the event suit is brought upon this Bond by the COUNTY and judgment is recovered, SURETY shall pay all costs incurred by the COUNTY in such suit, including reasonable attorneys' fees to be fixed by the court in accordance with applicable statutory law.

The SURETY, by the execution of this Bond, represents and warrants that this Bond has also been duly executed by the PRINCIPAL with proper authority, and the SURETY hereby waives any defense which it might have by reason of any failure by the PRINCIPAL to execute or properly execute this Bond.

IN WITNESS WHEREOF ____ identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the PRINCIPAL and SURETY above named on the ___________ day of ________________________________, 20____.

PRINCIPAL: SURETY:

Signature Signature Name Name Title Title Address Address

NOTE TO SURETY COMPANY AND/OR SURETY COMPANY ATTORNEY-IN-FACT:

The following form of original acknowledgement should be used. If any other form of acknowledgement is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact.

STATE OF CALIFORNIA )

COUNTY OF SAN DIEGO ) ss.

On ________________________________________, before me, the undersigned, a Notary Public in and for the State, personally appeared __________________________________________________, known to me to be the duly authorized Attorney-in-Fact of the corporate SURETY named in the within instrument, known to me to be authorized to execute that instrument on behalf of said corporation, known to me to be the person whose name is subscribed to such instrument as the Attorney-in-Fact of said corporation, and acknowledged to me that he (she) subscribed the name of said corporation thereto as SURETY, and his (her) own name as Attorney-in-Fact and that said corporation executed the same.

WITNESS MY HAND AND OFFICIAL SEAL:

(SEAL)

Notary Public for the State of California

Original Acknowledgement by Attorney-in-Fact must be attached.

Corporate seals of PRINCIPAL and SURETY must be attached.

00 61 13.16 PAYMENT BOND

00 61 13.16 Payment Bond Form Page 1 of 1

KNOW ALL MEN BY THESE PRESENTS: That

WHEREAS, the County of San Diego, a political subdivision of the State of California (hereinafter designated as Owner) on ...................................20.................awarded to [CONTRACTOR] (hereinafter designated as the Principal) a contract for the work described as follows:

CONSTRUCTION MANAGER AT RISK WITH A GUARANTEED MAXIMUM PRICE

EAST MESA JUVENILE DETENTION FACILITY – SOFTENING OF HOOUSING UNITS

CONTRACT NO. XXXXXX; RFP 12786

WHEREAS, said Principal is required pursuant to Chapter 5 (commencing at Section 9550), Title 3, Part 6, Division 4 of the California Civil Code to furnish a bond in connection with said contract.

NOW THEREFORE, We, the Principal and as Surety, are held and firmly bound unto the Owner in the penal sum of [INSERT AMOUNT IN WORDS] Dollars (INSERT AMOUNT IN NUMBERS) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, hers/his/its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum hereinabove specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.

This Bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner or Public Entity and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the …………………… day of …………………………… 20…….

....................................................................................................... (SEAL)

Principal

By ....................................................................................................... (SEAL) NOTE: (a) Signature of those executing for Surety must be properly acknowledged. ..................................................................................................... (SEAL)

(b) The Attorney-in-fact must attach a certified copy of Power of Attorney. By ....................................................................................................... (SEAL) Attorney-in-Fact (Attach required acknowledgements)

00 62 75 Application for Payment Form Page 1 of 1

00 62 76 Application for Payment Form

00 63 36 FIELD ORDER FORM

PROJECT MANAGEMENT DIVISION

5560 Overland Avenue, Suite 410 (MS O-368) San Diego, CA 92123-1294

DISTRIBUTION: Purchasing (Original) Contractor Project Manager Architect/Engineer Fiscal CBO

00 63 36 Field Order Form, Form PM-20 Page 1 of 1 Revised 10/24/24

Project:

East Mesa Juvenile Detention Facility – Softening of Housing Units

Field Order No.: 0

Project No.: MP26106 Date Issued: [INSERT] To Contractor: [INSERT] Contract No.: [INSERT] Contract Start Date: [INSERT] Contract End Date: [INSERT]

The Contractor is ordered to perform the following Work:

[Insert description of work to be done.]

The County has determined this Field Order [☐does / ☐ does not] constitute a change in the Work.

For Field Orders that constitute a change in the Work, the County [☐has / ☐ has not] estimated the adjustment of the Contract Sum, Contract Time, or both. The County’s estimate is as follows:

Original Contract Sum $ [INSERT] Net change by previously authorized Change Orders $ [INSERT] Contract Sum prior to this Field Order (Calculated field, highlight, click right, update field)

$ 0.00

Amount Contract Sum to be Changed by this Field Order $ [INSERT] New Contract Sum, including this Field Order (Calculated field, highlight, click right, update field)

$ 0.00

Original Contract Time [INSERT] Calendar Days Net change by previously authorized Change Orders [INSERT] Calendar Days Contract Time prior to this Field Order (Calculated field, highlight, click right, update field)

0 Calendar Days

Amount Contract Time to be Changed by this Field Order [INSERT] Calendar Days New Contract Time, including this Field Order (Calculated field, highlight, click right, update field)

0 Calendar Days

Per the section titled, “Changes” in 00 72 95 General Conditions, a Field Order may be issued by County, does not require the agreement of Contractor, and shall be valid with or without the signature of Contractor. Per the section titled, “Field Orders” in 00 72 95 General Conditions, upon receipt of this Field Order, Contractor shall promptly proceed to perform the Work as ordered in the Field Order notwithstanding any disagreement by the Contractor concerning whether the Work is extra, and in no event shall Contractor stop Work. As part of this Field Order, Contractor shall review all sections of the Contract Documents related to Field Orders, including without limitation the section titled, “Field Orders,” in 00 72 95 General Conditions. This Field Order shall not become effective unless and until signed by the County’s approving authority listed below. Other than changes to the Contract Sum and Contract Time specified above, this Change Order does not change the terms and conditions of the 00 52 96 Agreement or 00 72 95 General Conditions.

Approval Recommended by County Project Manager

Approval Recommended by County Fiscal Manager

Sign Sign

Print Name: [INSERT] Date: [INSERT] Print Name: [INSERT] Date: [INSERT]

County Approval by Division Deputy Director or Chief

Sign

Print Name: [INSERT] Date: [INSERT]

00 63 63 CHANGE ORDER FORM

5560 Overland Avenue, Suite 410 (MS O-368) San Diego, CA 92123-1294

DISTRIBUTION: Purchasing (Original) Contractor Project Manager Architect/Engineer Fiscal CBO

00 63 63 Change Order, Form PM-20 Page 1 of 2 Revised 02/16/24

Project: East Mesa Juvenile Detention Facility – Softening of Housing Units

Change Order No.: 0

Project No.:

MP26106 Date Issued:

To Contractor: Contract No.:

Contract Start Date:

Contract End Date:

The Contract is changed as follows and all other aspects of the Contract remain unaltered:

[Insert description of change.]

Original Contract Sum $ [INSERT]

Net change by previously authorized Change Orders $ [INSERT]

Contract Sum prior to this Change Order (Calculated field, highlight, click right, update field) $ 0.00

Amount Contract Sum to be Changed by this Change Order $ [INSERT]

New Contract Sum, including this Change Order (Calculated field, highlight, click right, update field) $ 0.00

Original Contract Time [INSERT] Calendar Days

Net change by previously authorized Change Orders [INSERT] Calendar Days

Contract Time prior to this Change Order (Calculated field, highlight, click right, update field) 00 Calendar Days

Amount Contract Time to be Changed by this Change Order [INSERT] Calendar Days

New Contract Time, including this Change Order (Calculated field, highlight, click right, update field) 00 Calendar Days

Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation in both time and money set forth herein comprises the total compensation due for the Work that is the subject of this Change Order, including without limitation any acceleration or interruption of schedules, extended overhead costs, delay, impacts or cumulative impacts on all Work under this Contract, and any reasonably foreseeable consequences of performing the Work that is the subject of this Change Order.

Other than changes to the Contract Sum and Contract Time specified above, this Change Order does not change the terms and conditions of the 00 52 96 Agreement or 00 72 95 General Conditions.

Except as otherwise provided in the Contract Documents, no modification, waiver, amendment or discharge of the Contract shall be valid unless the same is in writing and signed by both parties. A failure by County or Contracting Officer’s Representative (COR) to enforce any requirement of the Contract Documents shall not constitute a waiver of, and shall not preclude the County or COR from enforcing, such requirements

00 63 63 CHANGE ORDER FORM

5560 Overland Avenue, Suite 410 (MS O-368) San Diego, CA 92123-1294

DISTRIBUTION: Purchasing (Original) Contractor Project Manager Architect/Engineer Fiscal CBO

00 63 63 Change Order, Form PM-20 Page 2 of 2 Revised 02/16/24 presently or in the future.

This Change Order shall not become effective unless and until signed by the County’s approving authority listed below.

Approval Recommended by County Project Manager Contractor Approval by Authorized Representative

Print Name: Date: Print Name: Date:

Approval Recommended by County Fiscal Manager County Approval by Div. Deputy Director or Chief

Print Name: Date: Print Name: Date:

00 65 16 Certificate of Substantial Completion (Rev. 03/21/25) Page 1 of 1

00 65 16 Certificate of Substantial Completion

00 65 19.19 Consent of Surety to Final Payment Form

00 65 19.19 Consent of Surety to Final Payment Form Page 1 of 1

Project: East Mesa Juvenile Detention Facility -Softening of Housing Units Contract Dated

Project No.: MP26106 County Contract No.

Name of Surety Address of Surety

Name of Contractor Address of Contractor

In accordance with the provisions of the Contract between County and Contractor, as indicated above, the Surety on bond of Contractor hereby approves of the final payment to the Contractor and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to County.

IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date:

Attest:

Surety Name

Seal:

Signature of Authorized Representative

Printed Name and Title

00 65 36 Warranty Letter (Rev. 07/18/25) Page 1 of 1

00 65 36 WARRANTY LETTER

Pursuant to Civil Code § 2782.8(f) and Public Contract Code § 1104, Contractor hereby warrants to the County the following:

• Contractor thoroughly reviewed the Drawings, Specifications, and all other Contract Documents prior to submission of its Guaranteed Maximum Price (GMP);

• Contractor has reported to the County any and all errors or omissions Contractor is or has ever been aware of;

• Contractor has robustly investigated existing conditions, including without limitation, latent conditions and subsurface conditions;

• The Drawings, Specifications, and all other Contract Documents are consistent, practical, feasible and constructible; and

• The Project is constructible within the Contract Time and within the Budget NTE.

Contractor Approval by Authorized Representative

Sign: Date:

Print Name: Print Title:

00 72 95 General Conditions (Rev. 03/27/26) Page 1 of 93

00 72 95 GENERAL CONDITIONS

ARTICLE 1 GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS

1.3 INTERPRETATION

1.4 INTENT

ARTICLE 2 COUNTY

2.1 ACCESS TO PROJECT SITE

2.2 COUNTY'S RIGHT TO STOP THE WORK

2.3 COUNTY'S RIGHT TO CARRY OUT THE WORK

2.4 COUNTY'S RIGHT TO REPLACE CONTRACTING OFFICER’S REPRESENTATIVE

2.5 SPECIAL INSPECTIONS

2.6 BUILDING OFFICIAL INSPECTIONS

2.7 NOTICE OF THIRD-PARTY CLAIMS

ARTICLE 3 CONTRACTOR

3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

3.2 DRAWINGS AND SPECIFICATIONS

3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

3.4 WORKING HOURS

3.5 LABOR AND MATERIALS

3.6 CONTRACTOR'S WARRANTY

3.7 TAXES

3.8 COMPLIANCE WITH LAWS

3.9 SUPERINTENDENT AND KEY PERSONNEL

3.10 SCHEDULES REQUIRED OF CONTRACTOR

3.11 AS-BUILT DOCUMENTS

3.12 DOCUMENTS AND SAMPLES AT PROJECT SITE

3.13 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

3.14 USE OF SITE AND CLEAN UP

3.15 CUTTING, FITTING, AND PATCHING

3.16 ACCESS TO CONSTRUCTION WORK

3.17 ROYALTIES AND PATENTS

3.18 DIFFERING SITE CONDITIONS

3.19 CONCEALED, UNFORESEEN, OR UNKNOWN CONDITIONS OR EVENTS

3.20 NOTICE OF HAZARDOUS WASTE OR MATERIALS CONDITIONS

3.21 INFORMATION AVAILABLE TO PROPOSERS

3.22 LIABILITY FOR AND REPAIR OF DAMAGED CONSTRUCTION WORK

3.23 INDEMNIFICATION

3.24 SELF-PERFORMED WORK

3.25 NON-DISCLOSURE AGREEMENT

ARTICLE 4 ADMINISTRATION OF THE CONTRACT

4.1 ADMINISTRATION OF THE CONTRACT BY CONTRACTING OFFICER’S REPRESENTATIVE

4.2 CONTRACTOR CHANGE ORDER REQUESTS

4.3 DISPUTES AND CLAIMS

4.4 CONTRACT OPTIONS

ARTICLE 5 SUBCONTRACTORS

5.1 SUBCONTRACTOR PROCUREMENT

5.2 LISTED SUBCONTRACTORS

5.3 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK

5.4 SUBCONTRACTUAL RELATIONS

5.5 SUBCONTRACTOR REPORTING

5.6 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

00 72 95 General Conditions (Rev. 03/27/26) Page 2 of 93

ARTICLE 6 CONSTRUCTION BY COUNTY OR BY SEPARATE…