Santa Barbara Veterans Memorial Building.pdf

COUNTY OF SANTA BARBARA

GENERAL SERVICES DEPARTMENT

CAPITAL PROJECTS DIVISION

INVITATION FOR BIDS

SANTA BARBARA VETERANS MEMORIAL BUILDING

112 W. CABRILLO STREET, SANTA BARBARA, CA 93101

COUNTY PROJECT NO. 22024

MANDATORY JOB WALK:

Thursday, April 23, 2026

10:30 am

BID DUE DATE:

Thursday, June 11, 2026

3:00 P.M.

TABLE OF CONTENTS

BIDDING DOCUMENTS

Notice to Bidders Bid Form – Designation of Subcontractors Noncollusion Affidavit Certificate of Compliance Bidder's Statements Anti-fraud Certification Bidder’s Bond

CONTRACT FORMS

Payment Bond Performance Bond Certificate of Insurance Transmittal Unlawful Discrimination Ordinance County of Santa Barbara Agreement Form

TERMS & CONDITIONS

Special Conditions General Conditions

Exhibit “C” Indemnification and Insurance Requirements (For Construction Contracts) Exhibit “D” Federal Clauses and Anti-Byrd

DRAWINGS AND SPECIFICATIONS

Civil Drawings Specifications

Construction Change Order Form

BIDDING DOCUMENTS

NOTICE TO BIDDERS

Notice is hereby given that the General Services Department, County of Santa Barbara, will receive bids for:

Project No. 22024

MANDATORY JOB WALK:

Thursday, April 23, 2026, at 10:30 A.M

BID DUE DATE:

Thursday, June 11, 2026, at 3:00 P.M.

CONSTRUCTION COST ESTIMATE: Estimated cost of construction is $1,640,000

PROJECT LOCATION: 112 W. Cabrillo Street, Santa Barbara, CA 93101

MANDATORY JOB WALK: The job walk is MANDATORY on Thursday, April 23, 10:30 A.M Only those prime contractors attending a job walk shall be qualified to bid on the work.

PROJECT DESCRIPTION: This project consists of the upgrade and replacement of the HVAC systems, structural reinforcement of the 2nd floor support beam and building footings, window rehabilitation, and ADA renovation of an existing restroom for the Santa Barbara Veterans Memorial Building, a registered historic landmark structure built in 1927.

CONTRACTOR'S LICENSE: The CONTRACTOR shall possess either a Class A or a Class B license

QUESTIONS: All questions MUST be submitted electronically through the Public Purchase Portal (www.publicpurchase.com) on or before 5:00 P.M., Thursday,June,4 2026. Any changes or additional information needed for bidding will be provided in an Addendum posted on the Public Purchase site. Contractors shall be responsible for addendums.

BID SUBMITTAL INSTRUCTIONS: Each bid shall be in accordance with the plans and specifications approved by the General Services Department. The bid MUST be submitted electronically through the Public Purchase website

(www.publicpurchase.com) on or before Thursday, June 11, 2026, at 3:00 P.M.

SUBSTITUTION OF SECURITIES: Pursuant to Section 22300 of the Public Contract Code and the project specifications, the CONTRACTOR may substitute securities or request that the County make payment of retentions to an escrow agent for any money held by the COUNTY to ensure contract performance.

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 § 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code § 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 http://www.publicpurchase.com/ http://www.publicpurchase.com/

Code § 1725.5; and this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

QUALIFYING CONTRACTOR OR SUBCONTRACTOR: Pursuant to the provisions of Section 4104 of the California Public Contracting Code a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal or engage in the performance of any contract for public work, as defined in Section 4104, unless currently registered with the Department of Industrial Relations and qualified to perform public work pursuant to Section 1725.5 California Labor Code.

WITHDRAWAL OF BIDS: The COUNTY reserves the right to reject any and or all bids or waive any informality in a bid.

No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening thereof.

BID SELECTION: The COUNTY reserves the right to select any one or any combination of bids, whichever is in the best interest of the COUNTY.

BID PROTEST: The County of Santa Barbara Bid Protest Procedures are described in Item 10 of the BID FORM, which is included in the bid documents.

CONSTRUCTION TIME: The successful CONTRACTOR (after receiving the Notice to Proceed) shall have 270 calendar days to complete all work called for under the Contract Documents.

LIQUIDATED DAMAGES: The liquidated damages will be $750 (Seven Hundred Fifty Dollars) per day for project delays that are determined to be attributable to the CONTRACTOR.

BID FORM

1. Pursuant to and in compliance with your Notice to Bidders and the Contract Documents relating to the construction of:

112 W. CABRILLO STREET, SANTA BARBARA, CA 93101

Bid Due Date: Thursday, June 11, 2026, at 3:00 P.M.

including Addendum No(s). , , , , , , , the undersigned bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the per-formance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in and in strict accordance with the Contract Documents (including the furnishing of all labor, materials, tools, expendable equipment and utility and transportation services necessary to fully perform the work and complete it in a workmanlike manner) for the total sum of:

2. BASE BID:

Unit Price #1: Repair/ replacement of existing windows

(Place figures in appropriate boxes.)

Estimated number of workdays: ____________________________

3. If the project has additive bid items or additive groups, the lowest responsible bidder will be determined in accordance with Public Contract Code Division II, Part 3, Chapter 1, Section 20103.8, Subdivision (c) and as follows:

a. The project funding amount will be disclosed before the first bid is opened.

b. The lowest responsible bidder will be determined on the basis of the Total Base Bid plus Total Additive

Items or Total Base Bid plus Total Additive Groups, if any.

c. In the event that all bids including Total Base Bid plus Total Additive Items or Total Base Bid plus Total

Additive Groups exceeds the project funding amount, the lowest bid will be determined on the basis of the Total Base Bid plus those additive items or Total Base Bid plus those additive groups that, when taken in numerical order from the additive list, and added to the Total Base Bid are less than or equal to the funds available.

4. It is understood that Owner reserves the right to reject the proposal and that it shall remain open and not be withdrawn for a period of sixty (60) calendar days from the date prescribed for its opening.

5. Attached hereto and incorporated herein is the complete and entire list of subcontractors to be employed by the undersigned and in the performance of the Work.

6. It is understood and agreed that if written notice of the acceptance of this proposal is mailed or delivered personally to the undersigned bidder within thirty (30) calendar days after the opening of the proposal, or at any time thereafter before it is withdrawn, the undersigned bidder will execute and deliver the Contract Documents to Owner in accordance with the proposal as accepted, and will also furnish and deliver to Owner any Payment Bond required under the provisions of California Civil Code Section 3247 through 3252 and Performance Bond as required under the provisions of the California Government Code and/or California Public Contract Code all within fourteen (14) calendar days after personal delivery or deposit in the mails, as the case may be, of the notifications of award. The work under the contract shall be commenced by the undersigned bidder on the date stated in COUNTY'S written Notice to Proceed and shall be completed within 270 calendar days thereafter.

7. Notice of acceptance or request for additional information may be addressed to the undersigned bidder at the business address set forth below.

8. The bid, contract or other submittal of the CONTRACTOR identified below in connection with the foregoing project is not made in the interest of or on behalf or any undisclosed person, partnership, company, association, organization, or corporation; and that the bid is genuine, and not collusive or sham; that the undersigned bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding; that the undersigned bidder has not directly or indirectly sought by agreement, communication or conference with anyone to fix his bid price or the bid price of any other bidder or to fix any overhead, profit or cost element of such bid price or of that of any other bidder or to secure any advantage against the COUNTY of Santa Barbara of anyone interested in the proposed contract; or all statements contained in this proposal are true; and that the undersigned bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any corporation, partnership, company association, organization, Bid Depository or to any member or agent thereof to effectuate a collusive or sham bid. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

9. Wherever in this proposal an amount is stated in both words and figures, in case of discrepancy between words and figures the words shall prevail; if all or any portion of the proposal is required to be given in unit prices and totals and a discrepancy existing between any such unit prices and totals so given, the unit prices shall prevail.

10. In accordance with the provisions of Sections 1860 and 1861 of the California Labor Code, every

CONTRACTOR will be required to secure the payment of compensation of his or her employees. Each CONTRACTOR to whom a public works contract is awarded shall sign the following certification prior to performing the work of the contract: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's 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."

11. Protests of any bid(s) received must be in writing, must specify all grounds for the protest, and must be filed within ten working days after the opening of bids.

CONTRACTOR

IRS No.:

Company

License Classification(s):

Street Address

Phone Number:

City

BY:

Signature Printed Name, Title

DESIGNATION OF SUBCONTRACTORS

The bidder agrees if this proposal is accepted, they will contract with the County of Santa Barbara to do all work and furnish all labor, materials, machinery, tools, and apparatus necessary to completely perform said Contracts in the manner and time prescribed by said Contract.

112 W. CABRILLO STREET, SANTA BARBARA, CA 93101

Bid Due Date: THURSDAY, JUNE 11 , 2026, at 3:00 PM

In compliance with the provisions of Section 4100,-4107 of the Public Contract Code of the State of California, and any amendments, thereof, the undersigned bidder has set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the undersigned in or about the construction of the work to be performed. That portion of the work which will be done by each subcontractor for each subcontract in excess of one-half of one percent of the undersigned's total aggregate bid shall be listed.

DIVISION OF WORK SUBCONTRACTOR LIC NO. LOCATION

COMPANY: BY:

Bidder’s Signature

NOTE: This form may be reproduced and attached behind this page to list more Subcontractors.

NONCOLLUSION AFFIDAVIT

In accordance with Public Contract Code § 7106. __________________________________ (Bidder’s full name) being first duly sworn, deposes and says that he or she is ____________________________ (Bidder’s title) of _______________________________________________________________________ (Company’s name) the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

SIGNATURE BLOCK (Signature Block must be completed in ink& changes must be initialed.)

Bidder's Signature: _________________________________________Date: ___________

Bidder's Name & Title (Print): ________________________________________________

At CITY: _________________________________ STATE: __________________ http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=37397812098+0+0+0&WAISaction=retrieve

CERTIFICATE OF COMPLIANCE

This is to certify that all requirements for insurance of subcontractors as specified for this project will be met.

Dated Signature of Principal

Printed Name, Title of Principal

Company

Address

City, State & Zip

BIDDER'S STATEMENTS

REGARDING INSURANCE COVERAGE:

Bidder hereby certifies that he has reviewed the insurance coverage requirements specified in the Contract Forms.

Should he be awarded the contract for the work, Bidder further certifies that he can meet all the Contract Specification requirements for insurance including insurance coverage of his subcontractors.

REGARDING TITLE 13 OF THE CA CODE OF REGULATIONS, BIDDER’S FLEET:

Bidder must provide to the County, prior to executing the Contract, a true and correct copy of each valid Certificate of Reported Compliance, as described in section 2449(n) of Title 13 of the California Code of Regulations, for Bidder’s fleet, and for each fleet of each subcontractor listed in Bidder’s Bid, of vehicles subject to 13 CCR section 2449 that may be used in performance of the Contract.

REGARDING PUBLIC CONTRACT CODE SECTION 10232:

In accordance with Public Contract Code Section 10232, the Contractor hereby states, under penalty of perjury, that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a Federal Court which orders the Contractor to comply with an order of the National Labor Relations Board.

REGARDING PUBLIC CONTRACT CODE SECTION 10162:

In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project because of a violation of law or safety regulation?

Yes No

(If the answer is yes, explain the circumstances on a separate sheet of paper and attach it to the proposal.)

Date Signature of Principal

ANTI-FRAUD CERTIFICATION

112 W. CABRILLO STREET, SANTA BARBARA, CA 93101

Project No. 22024

Bid Due Date: THURSDAY, JUNE 11, 2026, at 3:00 P.M.

In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury that the bidder has , has not , been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or Trustees of the California State University.

The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.

Date Signature of Principal

BIDDER'S BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, as Principal, and as Surety (hereinafter referred to as Surety), are held firmly bound unto the County of Santa Barbara, State of California (hereinafter called "Owner") in the penal sum of Ten Percent (10%) of the total aggregate amount of the bid of the Principal above named, submitted by said Principal to Owner for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Surety shall be and hereby warrants that it is listed in the Insurance Organizations Authorized by the Insurance Commissioner to Transact Business of Insurance in the State of California, published by the Department of Insurance, State of California or successor publications. In no case shall the liability of the Surety hereunder exceed the sum of DOLLARS ($ ).

The condition of this obligation is such that a bid to the Owner for certain construction specifically described as follows:

for which bids are due on THURSDAY, JUNE 11, 2026, have been submitted by the Principal to the Owner.

NOW, THEREFORE, if the aforesaid Principal shall not withdraw said bid within the period therein after the opening of the same, or, if no period be specified within sixty (60) days after said opening and shall within the period specified therefore, or, if no period be specified, within eight (8) days after the prescribed forms are presented to him for signature, enter into a written Contract with Owner, in the prescribed form, in accordance with the bid as accepted, and file the two Bonds with Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall remain in full force, virtue and affect.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any manner affects its obligations on this bond, and it does hereby waive notice of any change, extension, alteration, or addition.

It is hereby agreed that any payment made after the scheduled completion date will not constitute a waiver of any liquidated damages heretofore agreed upon.

In the event suit is brought upon said Bond by Owner and judgment is recovered, the Surety shall pay all costs incurred by Owner in such suit, including a reasonable attorney's fee to be fixed by the Court.

Death, Bankruptcy, Receivership, Going Out of Business for any reason, or incompetence of the Principal shall not relieve the Surety of its obligations hereunder.

Name of Principal

Dated __________________________ (Seal) Signature of Principal

Name of Surety

Dated __________________________ (Seal) Signature of Surety’s Attorney-in-fact

Surety’s Agent for Service of Process (located within the State of California):

Name of Agent

Telephone Number

FAX Number

NOTE: Signatures of those executing for Surety MUST be properly acknowledged. This form may be reproduced for transmittal to the Surety for execution and attached to the front of the original Bid Bond Form.

CONTRACT FORMS

PAYMENT BOND

That the County of Santa Barbara of the State of California (hereinafter referred to as the County) and (hereinafter referred to as Principal) have by written agreement dated , entered into a contract identified as:

Project Title: County of Santa Barbara

SANTA BARBARA VETERANS MEMORIAL BUILDING

112 W. Cabrillo Street, Santa Barbara, CA 93101 Project No. 22024

(Hereinafter referred to as the Contract) and

That, pursuant to law and to said Contract, and before entering upon the performance of said Contract, the principal is required to file with the County a good and sufficient bond to secure the payment of labor and materials claims.

NOW, THEREFORE, said Principal and as corporate surety (hereinafter referred to as Surety), are held firmly bound to the County in the amount of $______________, for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns both jointly and severally. Surety shall be and hereby warrants that it is listed in the Insurance Organizations Authorized by the Insurance Commissioner to Transact Business of Insurance in the State of California, published by the Department of Insurance, State of California or successor publications.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named or referred to in Section 9100 of the California Civil Code, or amounts due under Unemployment Insurance Code with respect to work or labor performed by any such claimant, 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 as required by the California Civil Code, or this bond, then said Surety will pay for the same, in an amount not to exceed the amount hereinafter set forth.

This bond shall ensure the benefit of any and all persons, entities, companies and corporations named or referred to in Section 9100 of the California Civil Code, so as to give a right of action to them or their assign in any suit brought upon this bond.

And the said Surety, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or the Specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications.

In the event suit is brought upon this Bond by County and judgment is recovered, Surety shall pay all costs incurred by the County in such suit, including a reasonable attorney's fee to be fixed by the court.

Death, illness, disability or disqualification of the principal shall not relieve Surety of its obligations hereunder.

Principal Surety

By:

Signature of Attorney-in-fact

DATED:

City, State & Zip Code

NOTE: Signature of those executing for Surety must be properly acknowledged.

PERFORMANCE BOND

That the County of Santa Barbara of the State of California (hereinafter referred to as the County) and (hereinafter referred to as Principal) have by written agreement dated , entered a contract identified as:

Project Title: County of Santa Barbara

SANTA BARBARA VETERANS MEMORIAL BUILDING

112 W. Cabrillo Street, Santa Barbara, CA 93101

(Hereinafter referred to as the Contract) and

That, pursuant to law and to said Contract, and before entering upon the performance of said Contract, the Principal is required under the terms and conditions of said Contract to furnish a bond for the faithful performance of Contract.

NOW, THEREFORE, said Principal and as corporate surety (hereinafter referred to as Surety), are held firmly bound to the County in the amount of $______________, for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns both jointly and severally. Surety shall be and hereby warrants that it is listed in the Insurance Organizations Authorized by the Insurance Commissioner to

Transact Business of Insurance in the State of California, published by the Department of Insurance, State of California or successor publications.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his heirs, executors, administrators, successors, or assigns, shall perform all of the covenants, conditions and agreements in said Contract and any alteration thereof made as herein provided, in his or their part, to be kept and performed at the time, and in the manner therein specified, and shall indemnify and save harmless 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, virtue and effect.

And the said Surety, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the

Contract, or to the work to be performed thereunder, or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Contract or to the work or to the specifications.

In the event suit is brought upon this Bond by County and judgment is recovered, Surety shall pay all costs incurred by the County in such suit, including a reasonable attorney's fee to be fixed by the court.

Death, illness, disability or disqualification of the principal shall not relieve Surety of its obligations hereunder.

Principal Surety

By:

Signature of Attorney-in-fact

DATED:

NOTE: Signature of those executing for Surety must be properly acknowledged.

County of Santa Barbara

General Services Department

Capital Projects Division

1105 Santa Barbara Street Santa Barbara, California 93101

(805) 569-3055 FAX (805) 568-3249

CHANGE ORDER NO.001

PROJECT TITLE: PROJECT NO.:

CONTRACTOR: CONTRACT NO.:

Except as provided herein, all terms and conditions of the contract referenced above remain unchanged and in full force and effect. The contractor may not exceed the price shown below without further written instruction from the Owner.

NOTE: This contract Change Order is not effective until signed by the Owner’s Project Manager and until signed by the Owner’s Authorized Representative.

DESCRIPTION OF WORK TO BE PERFORMED:

The purpose of Contract Change Order {CCONO.} is:

By reason of this Change Order, the Contract Amount and Completion Date is hereby changed as shown below:

AMOUNT OF THIS CHANGE: $________ADDT’L DAYS AWARDED: ___ DATE ISSUED: ______

We the undersigned have given careful consideration to all aspects of the change order proposed and hereby agree.

Contractor acknowledges receipt of this Change Order and the not to exceed amount stated above. Contractor understands that the final price for this work will be determined in accordance with General Conditions.

CONTRACTOR:

NAME AND TITLE OF SIGNER (Type or Print):

(Signature of person authorized to sign) Date

By signing below, Owner revises the Contract as provided above, in accordance with General Conditions.

OPM: (Type or Print)

Owner Project Manager Date

OAR NAME: {NAME}, Capital Division Manager

Owner’s Authorized Representative Date

COUNTY OF SANTA BARBARA UNLAWFUL DISCRIMINATION ORDINANCE

Section 2-95. Prohibition of unlawful discrimination in employment practices. The COUNTY reserves the right to terminate forthwith each and every written contract and agreement (except purchase orders) respecting real property for goods and/or services entered into by the COUNTY or by its joint powers, agencies, or agents with the consent of the other parties (hereinafter called "CONTRACTOR") including but not limited to concessions, franchises, construction agreements, leases, whether now in effect or hereinafter made if the COUNTY finds that the CONTRACTOR is discriminating or has discriminated against any employee or applicant for employment in violation of any applicable state or federal laws, rules, or regulations which may now or hereafter specifically prohibit such discrimination on such grounds as race, religion, sex, color, national origin, physical or mental handicap when otherwise qualified, Vietnam war veteran/disabled, age, medical condition, marital status, ancestry, sexual orientation, or other legally protected status.

Such finding may only be made after CONTRACTOR has had a full and fair hearing on notice of thirty (30) days before an impartial hearing officer at which hearing CONTRACTOR may introduce evidence, produce witness, and have the opportunity to cross-examine witnesses produced by the COUNTY. Further, any finding of discrimination must be fully supported by the facts developed at such hearing and set forth in a written opinion; and in addition, CONTRACTOR may move in the appropriate court of law for damages and/or to compel specific performance of a CONTRACTOR or agreement if any of the above procedures are not afforded to the CONTRACTOR. If CONTRACTOR is not found to have engaged in unlawful discriminatory practices, COUNTY shall pay all costs and expense of such hearing, including reasonable attorney's fees to CONTRACTOR in accordance with current Santa Barbara County Superior Court schedule of attorney's fees for civil trials. If CONTRACTOR is found to have engaged in such unlawful discriminatory employment practices, CONTRACTOR shall pay all such costs, expenses, and attorney's fees.

Whether or not a contract or agreement is still in existence at the time of final determination of such unlawful discrimination, the CONTRACTOR shall forthwith reimburse COUNTY for all damages directly stemming from such discrimination; however, those damages shall not exceed and are not reimbursable in an amount which exceeds amounts paid CONTRACTOR under the terms of the contract or agreement.

Nothing in this Section 2-95 shall directly or by interpretation give a private cause of action to any third party (not a signatory to the contract or agreement) including employees past or present, or applicants for employment to CONTRACTOR, it being the sole purpose of this clause to administratively assure compliance with the nondiscrimination clauses contained herein.

Employment practices shall include, but are not limited to employment, promotion, demotion, transfer, recruitment and advertising for recruitment, layoff or other termination, rate of pay, employee benefits, and all other forms of compensation selection for training and apprenticeship and probationary periods.

CONTRACTOR shall permit access at all reasonable time and places to all of its records of employment, advertising, application forms, tests, and all other pertinent employment data and records, to the COUNTY, its officers, employees, and agents for the purpose of investigation to ascertain if any unlawful discrimination as described herein has occurred or is being practiced, provided that such records are relevant to a complaint of an unlawful discriminatory practice which has been forwarded to CONTRACTOR reasonably prior to the time CONTRACTOR is asked to make such records available. In addition, all such records shall be deemed "Confidential" by the officers, employees, and agents of the COUNTY. No records or copies of such records may be removed from the premises of CONTRACTOR and no disclosure, oral, or written of such record, may be made to third parties except as provided within the agreement.

Provided, however, that in the event of a hearing to determine whether or not CONTRACTOR is engaging in unlawful discrimination in employment practices as defined herein, the Board of Supervisor of Santa Barbara County may issue subpoenas to require that certified copies of such records be made available to the hearing.

Failure to fully comply with any of the foregoing provisions relating to unlawful discrimination in employment practices shall be deemed to be a material breach of any contract or agreement with the COUNTY. All persons contracting with or who have contracts for goods or services with the COUNTY shall be notified that this chapter applied to their contract or agreement with the COUNTY (Ordinance No. 2946, SS1; Ordinance No. 2993, SS1; and Ordinance No. 3018, SS1).

Section 2-95.5. Exceptions. Notwithstanding any other provisions in this article, any party contracting with the COUNTY having an affirmative action program which has been approved within twelve (12) months from the date of the contract by an agency of the federal government shall be deemed to be in compliance with the provisions of this article upon furnishing documentary evidence of such approval satisfactory to the COUNTY affirmative action officer. Loss of such approval shall be immediately reported by such party to the COUNTY affirmative action officer.

Section 2-96. Purchase orders. Purchase orders shall contain the following clause as grounds for termination of such purchase orders:

"If complaint is made that seller is engaging in discriminatory employment practices made unlawful by applicable state and federal laws, rules, or regulations, and the State Fair Employment Practice Commission or the Federal Equal Employment Opportunities Commission determines that such unlawful discrimination exists, then the COUNTY may forthwith terminate this order." (Ordinance No. 2946, SS 1)

Section 2-97. Affirmative action officer. At the discretion of the COUNTY affirmative action officer, he or she shall promptly and thoroughly investigate, or cause to be investigated reports and complaints from whatever source, that any party contracting with the COUNTY is engaging, or during the term of a contract or agreement with the COUNTY has engaged, in any unlawful discriminatory employment practices as described in Section 2-95 of this Code. If the investigation discloses reason to believe such unlawful discrimination does exist or has existed and the conditions giving rise thereto have not been changed so as to prevent further such unlawful discrimination, and the said party shall forthwith terminate such unlawful discrimination, take all appropriate steps to prevent a recurrence of such or other unlawful practices, and compensate the person or persons unlawfully discriminated against for any and all loss incurred by reason of such unlawful discrimination, all to the satisfaction of the affirmative action officer, then the affirmative action officer shall cause the matter to be presented for action to the State Fair Employment Practices Commission or the Federal Equal Employment Opportunities Commission, or both, and to any other concerned state or federal agencies or officers.

If and when it has been finally determined by the affirmative action officer, COUNTY counsel, or state or federal regulatory agencies that such unlawful discriminatory employment practice has in fact so occurred or are being carried on, then the affirmative action officer shall forthwith present the entire matter to the Board of Supervisors of the COUNTY, together with all damages, costs, and expense related thereto and incurred by COUNTY, for appropriate action by the Board of Supervisors in accord with the intent and purposes of this article and of the affirmative action program of the COUNTY (Ordinance No. 2946, SS 1)

AGREEMENT FOR:

General Services Project No. 22024 County of Santa Barbara

SANTA BARBARA VETERANS MEMORIAL BUILDING

BC: ______-___________

THIS AGREEMENT (“Agreement”) is made by and between the County of Santa Barbara, a political subdivision of the State of California (“COUNTY”), and {FULL LEGAL NAME OF CONTRACTOR} (“CONTRACTOR” and together with COUNTY, collectively, the “Parties” and each individually a “Party”), for the completion of the Work (defined below), on the following terms, conditions, and provisions. All references in the General Terms to the “Agreement” shall have the meaning ascribed to the term “Agreement” in the immediately preceding sentence.

1. CONTRACT: This Agreement incorporates by reference all of the General Conditions and Special Conditions, Specifications and Drawings provided by the COUNTY for the SANTA BARBARA VETERANS MEMORIAL BUILDING, Project No. 22024, the Invitation for Bids as amended by Addenda Number {xx-xx}, the Bid Bond, the Performance Bond, the Payment Bond, and the bid documents executed and submitted by the CONTRACTOR for the Project (“Bid”), to the extent the Bid is consistent with the provisions of this Agreement other than the Bid (all of the foregoing documents, together with this Agreement, collectively, the “Contract” or “Contract Documents”). A copy of each of the General and Special Conditions, Specifications and Drawings provided by the COUNTY for the SANTA BARBARA VETERANS MEMORIAL BUILDING, 22024, the Notice to Bidders, the Bid Bond, the Performance Bond, and the Payment Bond are attached hereto as EXHIBIT A, and a copy of the Bid is attached hereto as EXHIBIT B. All capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in the Notice to Bidders. Copies of all Contract Documents are on file in the Department of General Services Office of the COUNTY and have been and will be made available to the CONTRACTOR during the term of this Agreement. CONTRACTOR acknowledges receipt of all Contract Documents.

2. WORK: CONTRACTOR, at CONTRACTOR’s own cost and expense, shall perform all the work described in the Contract Documents (“Work”), and shall furnish all equipment and materials necessary to perform and complete the Work, in a good and workmanlike manner and to the satisfaction of the Director of the COUNTY’s General Services Department (“Director”), or the Director’s designee, all in strict accordance with the Contract Documents.

3. EXCAVATIONS: Before any pavement resurfacing, displacement, or excavation of the ground that may be required in connection with the Work under this Contract, the CONTRACTOR shall obtain an inquiry identification number by calling Underground Service Alert (USA) 1 (800) 422-4133 or by such other means as may be required; shall conform to all requirements of Sections 4215 through 4217 of the Government Code regarding any such pavement resurfacing, displacement or excavation, including the payment of any fees required; and shall facilitate performance by the COUNTY of any obligation required of the COUNTY under the Government Code. There shall be no performance under this Contract by either party hereto unless and until CONTRACTOR complies with all of the foregoing provisions of this Sections 3, and notifies the County Representative (defined below) in writing regarding such compliance.

4. COUNTY REPRESENTATIVE: The “County Representative” referred to in the Contract Document Steve Fernandes

5. PAYMENT: As full compensation for furnishing all labor, supervision, overhead, materials, and equipment and for completing all of the Work contemplated by this Contract, and subject to adjustments and liquidated damages, if any, as provided in the Contract Documents, the base amount to be paid to the CONTRACTOR for satisfactory completion of all requirements of the CONTRACTOR under this Contract is and shall be {WRITTEN AMOUNT IN DOLLARS AND CENTS} ($NUMERICAL) (“Base Contract Amount”), to be paid as provided in the Contract Documents. CONTRACTOR assumes and will provide against any loss or damage arising out of the nature of the Work undertaken, or the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the performance of the Work until its acceptance by the COUNTY, and assumes any and all expenses incurred by or in consequence of suspension or discontinuance of the Work, for well and faithfully completing the Work and the whole thereof, in the manner and to the requirements of the Contract and directions of the County Representative to the extent not inconsistent with any provisions of the Contract Documents.

6. RIGHT TO AUDIT: CONTRACTOR shall maintain and make available all books, papers, records, detail costs, estimates, claims, and accounts, including payment, property, payroll, personnel, subcontractors, and financial records related to or which arise in connection with the Contract (collectively, the “Records”). The form of record keeping with respect to the Records shall be subject to approval by COUNTY. The Records shall be made available during normal business hours for examination by COUNTY or the County Representative and shall be retained at CONTRACTOR’S principal place of business in California for audit during normal business hours at such place for four (4) years after the recording of the Notice of Completion for the Project. CONTRACTOR shall provide an office in which COUNTY and the County Representative may conduct such audit(s).

The COUNTY will have the right to audit CONTRACTOR’S Project records. Records must be made available in a form satisfactory to the Santa Barbara County Auditor-Controller.

7. EXTRA WORK: Extra work and materials, may only be authorized via written Change Order(s) duly executed by the Director or his designee in accordance with Section 30, below, including Change Order(s) providing for compensation in addition to the Base Contract Amount; provided, however, that the aggregate amount of such compensation in addition to the Base Contract Amount that may be authorized by the Director or his designee pursuant to duly executed Change Orders shall not exceed $[__] (“Contingency Amount”). Compensation in such other equitable amount as is appropriate for the requirements of the COUNTY may be authorized by resolution or minute order of the Santa Barbara County Board of Supervisors.

8. COMPLIANCE WITH LAW: CONTRACTOR shall keep fully informed of, and shall at all times during the Term (defined below) ensure the performance of the Work is in compliance with, all laws, statutes, ordinances, decrees, orders, and regulations which do or may affect the Project, performance of the Work, the materials used therein, or persons engaged in connection therewith, and all such orders of bodies and tribunals having any jurisdiction over same (collectively, “Applicable Laws”). If CONTRACTOR has reason to believe that any provision of the Contract Documents conflict with any Applicable Law(s), the CONTRACTOR shall immediately report same to the County Representative in writing. CONTRACTOR shall at all times observe and comply with, and shall cause all agents, employees, and subcontractors to observe and comply with, all Applicable Laws. CONTRACTOR acknowledges and shall comply with the provisions of Sections 9364 and Sections 9550 and 9566, inclusive, of the Civil Code of California.

9. PAYMENTS NOT ACCEPTANCE: No certificate given or payments made under this Contract, except the final payment hereunder, shall be evidence of the performance of this Contract, either wholly or in part, against any claim upon CONTRACTOR. Final payment for the Work performed under this Contract shall not be made until the lapse of thirty (30) days after the Notice of Completion of the Work has been filed for record and no payment shall be construed to be acceptance of any defective Work or improper materials. CONTRACTOR agrees that the payment for final quantities due under this Contract and the payment of amounts due for any Work in accordance with this Contract shall release the COUNTY from any claims or liabilities on account of Work performed under this Contract, as the same may be amended from time to time during the Term. In addition to guarantees required elsewhere, CONTRACTOR shall and does hereby guarantee all workmanship and material to be free of defects and fit for the purposes intended for a period of one year from and after both the date of acceptance of the work and the recordation of the Notice of Completion by the COUNTY and CONTRACTOR shall repair or replace all Work and materials, together with any other portions of the Work which may be displaced in so doing, that, in the opinion of the County Representative, is or becomes defective during the period of said guarantee, without expense whatsoever to the COUNTY.

10. PREVAILING WAGE RATES: Rates of wages, including overtime, holiday, and Sunday rates provided for the Work shall comply with and are subject to the California Labor Code, Sections 1770 et. seq., Executive Orders of the President of the United States No. 9240, dated September 9, 1942, and No. 9250, dated October 3, 1942, and to any modifications thereof, and to and any orders of the President or any authorized Federal Officer or agency, insofar as the same may apply to this Contract.

No contractor or subcontractor may be listed on a bid for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes 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 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.

11. CONTRACT DOCUMENTS ACKNOWLEDGED: CONTRACTOR hereby declares that CONTRACTOR has read the Contract Documents, has carefully examined the plans and detailed drawings of the Work to be performed, and fully understands the intent and meaning of the same.

12. TIME FOR COMMENCEMENT, COMPLETION: The term of this Contract shall commence effective as of the first date that this Agreement is duly executed by all of the parties hereto (“Effective Date”) and shall terminate on the date that is 270 calendar days after the Effective Date unless earlier terminated in accordance with the provisions of this Agreement (“Term”). As soon as practicable after the Contract has been executed by both the CONTRACTOR and the COUNTY, a Notice to Proceed will be issued by the County Representative stating the starting date of work performance under the Contract (“Work Start Date”). CONTRACTOR shall complete all Work specified in the Contract Documents within 270 calendar days after the Work Start Date (“Contract Time” as that term is used in the General Conditions). The provisions of this Agreement pertaining to Liquidated Damages shall apply in the event of the CONTRACTOR’s failure to complete the Work within the Contract Time. In the event that CONTRACTOR does not complete the Work during the Term, CONTRACTOR shall only be paid for the Work actually performed during the Term and accepted by COUNTY in accordance with the provisions of this Agreement.

13. WORKERS' COMPENSATION INSURANCE: CONTRACTOR certifies that CONTRACTOR has knowledge of, is in compliance with, and warrants that CONTRACTOR at all times during the Term shall remain in compliance with, the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance by the provisions of that Code. CONTRACTOR shall comply with such provisions before commencing the performance of the Work.

14. PROGRESS PAYMENT; NO WAIVER FOR DELAY: Any progress payment made after the scheduled completion date for the Work shall not constitute a waiver of any liquidated damages under this Contract.

15. GUARANTEE BONDS: Before any performance under this Contract, the CONTRACTOR shall provide the security required by statute for the payment of all workers and suppliers, and security for the faithful performance of all terms and conditions of this Contract, in an amount and form approved by the COUNTY. Both securities shall contain provisions that automatically increase amounts thereof and/or time of completion or both for all change orders, extensions, and additions to the Work provided under this Contract.

16. DISPUTES: Should any dispute(s) arise respecting the construction or meaning of any of the plans or specifications affecting the Work or respecting the true value of any extra work or work omitted, such dispute(s) shall be resolved by the Director of the COUNTY’s General Services Department or his Assistant Director of General Services designee (“Director”), whose decision shall be final and binding upon the…