Common use of BIDDING AND CONSTRUCTION PHASE OF THE PROJECT Clause in Contracts

BIDDING AND CONSTRUCTION PHASE OF THE PROJECT. 13 5.1 Construction Covenant of the Participating County 13 5.2 Procurement and Enforcement of Construction Contract 13 5.3 Completion of the Project 13 5.4 Project Access 14 5.5 Insurance 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 16 6.1 Private Use of the Project 16 6.2 No Liens 16 ARTICLE 7 RECORD RETENTION 16 7.1 Establishment of Official Project File 16 7.2 Preservation of Records 17 ARTICLE 8 MISCELLANEOUS 17 8.1 Entire Agreement 17 8.2 Amendment 17 8.3 Waiver 17 8.4 Counterparts 17 8.5 Headings 17 8.6 Further Assurances 17 8.7 Survival 18 8.8 Governing Law 18 8.9 Compliance with Laws 18 8.10 Partial Invalidity 18 8.11 Notices 18 8.12 Force Majeure 19 8.13 Exculpation 19 8.14 Benefits of this Agreement Limited to the Parties 19 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND EXHIBIT D FORM OF FACILITY SUBLEASE.................................................................. D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR], (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State,] the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the State. For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”

BIDDING AND CONSTRUCTION PHASE OF THE PROJECT. 13 5.1 Construction Covenant of the Participating County 13 5.2 Procurement and Enforcement of Construction Contract 13 5.3 Completion of the Project 13 5.4 Project Access 14 5.5 Insurance 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 16 6.1 Private Use of the Project 16 6.2 No Liens 16 ARTICLE 7 RECORD RETENTION 16 7.1 Establishment of Official Project File 16 7.2 Preservation of Records 17 ARTICLE 8 MISCELLANEOUS 17 8.1 Entire Agreement 17 8.2 Amendment 17 8.3 Waiver 17 8.4 Counterparts 17 8.5 Headings 17 8.6 Further Assurances 17 8.7 Survival 18 17 8.8 Governing Law 18 8.9 Compliance with Laws 18 8.10 Partial Invalidity 18 8.11 Notices 18 8.12 Force Majeure 19 8.13 Exculpation 19 8.14 Benefits of this Agreement Limited to the Parties 19 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND EXHIBIT D FORM OF FACILITY SUBLEASE.................................................................. D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING (FOR A JAIL FACILITY LOCATED IN COUNTY) This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR]20 , (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State,] , the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the State. For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] Department and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”

BIDDING AND CONSTRUCTION PHASE OF THE PROJECT. 13 5.1 Construction Covenant of the Participating County 13 5.2 Procurement and Enforcement of Construction Contract 13 14 5.3 Completion of the Project 13 14 5.4 Project Access 14 5.5 Insurance 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 16 6.1 Private Use of the Project 16 16 6.2 No Liens 16 17 ARTICLE 7 RECORD RETENTION 16 17 7.1 Establishment of Official Project File 16 17 7.2 Preservation of Records 17 ARTICLE 8 MISCELLANEOUS 17 8.1 Entire Agreement 17 8.2 Amendment 17 18 8.3 Waiver 17 18 8.4 Counterparts 17 18 8.5 Headings 17 18 8.6 Further Assurances 17 18 8.7 Survival 18 8.8 Governing Law 18 8.9 Compliance with Laws 18 8.10 Partial Invalidity 18 8.11 Notices 18 8.12 Force Majeure 19 8.13 Exculpation 19 8.14 Benefits of this Agreement Limited to the Parties 19 20 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND EXHIBIT D FORM OF FACILITY SUBLEASE.................................................................. D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR], (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State,] the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the State. For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”

BIDDING AND CONSTRUCTION PHASE OF THE PROJECT. 13 5.1 Construction Covenant of the Participating County 13 5.2 Procurement and Enforcement of Construction Contract 13 5.3 Completion of the Project 13 14 5.4 Project Access 14 5.5 Insurance 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 16 6.1 Private Use of the Project 16 6.2 No Liens 16 ARTICLE 7 RECORD RETENTION 16 7.1 Establishment of Official Project File 16 7.2 Preservation of Records 17 ARTICLE 8 MISCELLANEOUS 17 8.1 Entire Agreement 17 8.2 Amendment 17 8.3 Waiver 17 8.4 Counterparts 17 8.5 Headings 17 8.6 Further Assurances 17 8.7 Survival 18 8.8 Governing Law 18 8.9 Compliance with Laws 18 8.10 Partial Invalidity 18 8.11 Notices 18 8.12 Force Majeure 19 8.13 Exculpation 19 8.14 Benefits of this Agreement Limited to the Parties 19 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND EXHIBIT D FORM OF FACILITY SUBLEASE.................................................................. D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR], (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA C ALIFORNIA (the “Department”), an entity of state government of the State,] the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, and the COUNTY OF [ENTER COUNTY NAMEN AME] (the “Participating P articipating County”), a Political Subdivision of the State. For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”

BIDDING AND CONSTRUCTION PHASE OF THE PROJECT. 13 5.1 Construction Covenant of the Participating County 13 5.2 Procurement and Enforcement of Construction Contract 13 5.3 Completion of the Project 13 5.4 Project Access 14 5.5 Insurance 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 16 6.1 Private Use of the Project 16 6.2 No Liens 16 ARTICLE 7 RECORD RETENTION 16 7.1 Establishment of Official Project File 16 7.2 Preservation of Records 17 ARTICLE 8 MISCELLANEOUS 17 8.1 Entire Agreement 17 8.2 Amendment 17 8.3 Waiver 17 8.4 Counterparts 17 8.5 Headings 17 8.6 Further Assurances 17 8.7 Survival 18 8.8 Governing Law 18 8.9 Compliance with Laws 18 8.10 Partial Invalidity 18 8.11 Notices 18 8.12 Force Majeure 19 8.13 Exculpation 19 8.14 Benefits of this Agreement Limited to the Parties 19 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND EXHIBIT D FORM OF FACILITY SUBLEASE.................................................................. D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR], (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State,] the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the State. For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”

BIDDING AND CONSTRUCTION PHASE OF THE PROJECT. 13 5.1 Construction Covenant of the Participating County 13 5.2 Procurement and Enforcement of Construction Contract 13 14 5.3 Completion of the Project 13 14 5.4 Project Access 14 5.5 Insurance 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 16 6.1 Private Use of the Project 16 16 6.2 No Liens 16 17 ARTICLE 7 RECORD RETENTION 16 17 7.1 Establishment of Official Project File 16 17 7.2 Preservation of Records 17 ARTICLE 8 MISCELLANEOUS 17 8.1 Entire Agreement 17 8.2 Amendment 17 18 8.3 Waiver 17 18 8.4 Counterparts 17 18 8.5 Headings 17 18 8.6 Further Assurances 17 18 8.7 Survival 18 8.8 Governing Law 18 8.9 Compliance with Laws 18 8.10 Partial Invalidity 18 8.11 Notices 18 8.12 Force Majeure 19 8.13 Exculpation 19 8.14 Benefits of this Agreement Limited to the Parties 19 20 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION..................................................................................................... C-1 EXHIBIT D FORM OF FACILITY SUBLEASE.................................................................. D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING Cash (Hard) Match..............................................................................................E-1 EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING In-kind (Soft) Match ...........................................................................................E-2 This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR], (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State,] the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the State. For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”

BIDDING AND CONSTRUCTION PHASE OF THE PROJECT. 13 5.1 Construction Covenant of the Participating County 13 5.2 Procurement and Enforcement of Construction Contract 13 5.3 Completion of the Project 13 5.4 Project Access 14 5.5 Insurance 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 16 6.1 Private Use of the Project 16 6.2 No Liens 16 ARTICLE 7 RECORD RETENTION 16 7.1 Establishment of Official Project File 16 7.2 Preservation of Records 17 ARTICLE 8 MISCELLANEOUS 17 8.1 Entire Agreement 17 8.2 Amendment 17 8.3 Waiver 17 8.4 Counterparts 17 8.5 Headings 17 8.6 Further Assurances Assurances. 17 8.7 Survival 18 17 8.8 Governing Law 18 8.9 Compliance with Laws 18 8.10 Partial Invalidity Invalidity. 18 8.11 Notices 18 8.12 Force Majeure 19 8.13 Exculpation 19 8.14 Benefits of this Agreement Limited to the Parties 19 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... LEASE .......................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION ..................................................................................................... C-1 EXHIBIT D FORM OF FACILITY SUBLEASE.................................................................. D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING Xxxx (Hard) Match..............................................................................................E-1 EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING In-kind (Soft) Match ...........................................................................................E-2 This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR]20 , (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State,] , the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the State. For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] Department and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”

BIDDING AND CONSTRUCTION PHASE OF THE PROJECT. 13 5.1 Construction Covenant of the Participating County 13 5.2 Procurement and Enforcement of Construction Contract 13 5.3 Completion of the Project 13 5.4 Project Access 14 5.5 Insurance 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 16 6.1 Private Use of the Project 16 6.2 No Liens 16 ARTICLE 7 RECORD RETENTION 16 16 7.1 Establishment of Official Project File 16 1716 7.2 Preservation of Records 17 1716 ARTICLE 8 MISCELLANEOUS 17 8.1 Entire Agreement 17 8.2 Amendment 17 8.3 Waiver 17 8.4 Counterparts 17 8.5 Headings 17 8.6 Further Assurances 17 1817 8.7 Survival 18 1817 8.8 Governing Law 18 1817 8.9 Compliance with Laws 18 8.10 Partial Invalidity 18 8.11 Notices 18 8.12 Force Majeure 19 8.13 Exculpation 19 8.14 Benefits of this Agreement Limited to the Parties 19 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... ................ A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... ..................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION............................................................................................... C-1 EXHIBIT D FORM OF FACILITY SUBLEASE.................................................................. ............................................................ D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING Cash (Hard) Match........................................................................................E-1 EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING In-kind (Soft) Match .....................................................................................E-2 (FOR A JAIL FACILITY LOCATED IN COUNTY) This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR]20 , (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State,] , the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, State (the “BSCC”) and the COUNTY County ofCOUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the StateState (the “Participating County”). For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] Department and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”

BIDDING AND CONSTRUCTION PHASE OF THE PROJECT. 13 5.1 Construction Covenant of the Participating County 13 5.2 Procurement and Enforcement of Construction Contract 13 5.3 Completion of the Project 13 5.4 Project Access 14 5.5 Insurance 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 16 6.1 Private Use of the Project 16 6.2 No Liens 16 ARTICLE 7 RECORD RETENTION 16 7.1 Establishment of Official Project File 16 7.2 Preservation of Records 17 ARTICLE 8 MISCELLANEOUS 17 8.1 Entire Agreement 17 8.2 Amendment 17 8.3 Waiver 17 8.4 Counterparts 17 8.5 Headings 17 8.6 Further Assurances 17 8.7 Survival 18 17 8.8 Governing Law 18 8.9 Compliance with Laws 18 8.10 Partial Invalidity 18 8.11 Notices 18 8.12 Force Majeure 19 8.13 Exculpation 19 8.14 Benefits of this Agreement Limited to the Parties 19 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... ................ A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... ..................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION............................................................................................... C-1 EXHIBIT D FORM OF FACILITY SUBLEASE.................................................................. ............................................................ D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING Cash (Hard) Match........................................................................................E-1 EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING In-kind (Soft) Match .....................................................................................E-2 (FOR A JAIL FACILITY LOCATED IN COUNTY) This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR]20 , (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State,] , the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, State and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the State. For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] Department and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”