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HomeMy WebLinkAbout95-029RESOLUTION APPROVING REVERSIONARY FUND CONTRACT WITH CALIFORNIA BOARD OF CORRECTIONS BE IT RESOLVED by the Board of Supervisors of the County of Butte that: A. The Chair of the Board of Supervisors is authorized to sign the attached grant contract, any amendments, or extensions between the County of Butte and the California State Board of Corrections for the expenditure of $303,750 State and $101,250 County funds for the Jaii Kitchen Remodel and Recreation Yard Security Screen Project. B. Appoints David Hauser, Auditor-Controller, to act as fiscal officer for the project. C. Appoints Mike Pyeatt, General Services Director, to act as project manager for the project. D. Appoints Mike Pyeatt, General Services Director, to act as contact person for the project. E. Appropriates the necessary matching funds for the project. F. Certifies that the Board of Supervisors has previously approved a staffing plan and an analysis of anticipated operating costs and intends to make the project fully operational and fu11y staffed when completed. G. Certifies that the County has previously complied with the master siting plan requirements. PASSED AND ADOPTED by the Butte County Board of Supervisors on this .4th day of February 1995 by the following vote: AYES: Supervisors Meyer, Dolan, Hoag, Thomas, and Chair McLaughlin NOES: None ABSENT: Nane NOT VOTING: None C ~ ED MCLAUGHLIN, Cha r, Butte County Board of Supervis s ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Cle of the on rd of Supervisors By : ~- STATE OF CALIFORNIA PETE WILSON, GOVfRNOA rs A m a z a v 0 z a a U N W y ~- m 8 z 0 v ar ac O v a a o~ a 0 m a z 0 a March I4, 1995 Mr. Mike Pyeatt General Services Director County of Butte 25 County Center Drive OroviIle, California 95965 Dear Mr. Pyeatt: ~.') ~~ ~ ~ , ~~ ~ ~ ,~ ~1~ County of Butte Contract #02,6-94 eim~ cavr~rr A~~~ ~.;nR ~ ~ 155 Qi0'~LLE CA1.I~i~4 Enclosed is your approved copy of the contract between the County of Butte and the Board of Corrections. If you have any questions, please do not hesitate to call me at (91.6} 324-1363. Sincerely, ~ ~~ ~.~.~-sc~~st'I- t9Jt Dwight D. Hoertsch, Field Representative Corrections Standards and Services Division Enclosure BQC 109 _. o~~-~ y PROPOSITION 8b ~" ;. 4., +... ~ ~ .1 BOARD OF CORRECTIONS CONTRACT FACE SHEET ~.::';; ~_ T[ze Board of Corrections hereby makes an award of funds to the County o Butte hereinafter designated as the certified applicant in the amount and for the purpose and duration set forth herein, under the provisions of the County Correctional Facility Capital Expenditure and Youth Facility Bonc Act of 19$8, as implemented in Chapter 1327 of the Statutes of 19$9, and as codified it Sections 4446 through 4496.48, Title 4.$, California Penal Code. 1. Project Title and Summary: Jail Kitchen Remodel and Recreation Yard SecuritY_Screen 2. Applicant County: Butte Contact Person: Mike Pyeatt General Services Director (Title) 25 County Center Drive (Address) Oroville, CA 95965 Telephone : ( 916 ) 538--7064 ~3. F.inancial Officer: Dave Houser '1 Auditor-Controller ~ {Title) 25 County Center Drive ~ {Address} Orovi:lle, CA 95965 ti Telephone: (916 } 538-7607 Lt N pprdve as o ~sce a:tr~ Bedgetia:y C4;~~ro: Ac~i~ r s baParErv:enc Y . 4. Type of Project: / / Equipment /X / Renovation /X / New Construction S. Project Duration: Start: 11/22/94 End: 09/30/95 6. Project Costs: State $ 303,750 75 Co.Hard $ 101,250 25 Co .Soft $ -0- -f}- __ TOTAL $ 405,000 100 ~ certified applicant hereby signifies acceptance of this award and agrees to administer project in accordance with the terms and conditions set forth in or incorporated b~- tense in this award and the applicable provisions of the Penal Code sections identifies Ed McLaughlin ~~ ~~~~,~, nature, Chairperson ~~ ~ ~ ~~95 rd ~f Supervisors mate: February 14, 1995 AMOUNT lNCUMBERED ~ROGRAY2JITLGdRY ICbpE ANO Y7'1'>,.f] THIS C]OGUMENT X303,750 Co Corr Fac Ca Ex & YF Fund Io1~wL usaq i'RIOR AMOUNT iN U Executive 0£ficer or Desi e Board of Corrections Date: ~ / >1~s~ ,,..,,. FLMD 777L~ uCFCE & YFF soR Tii1S COl~1T71ACT PCA 22013 ~n 1'i'CM ClU1FTlR !TAME fl7CAL YEAR 7oTAL AMOUNT iNCJ/MSCRm 543D-605.796 1327 1989 95/96 To cAT! - oe.lleT of rxvE>rarruR~ ecooe wwa TfTL>0 X303, 750 .f ~ 6-61-702-007 1 here crrtt v m otrn T~~' ~' ~- ~• ~1 fg Pa+l 4 prrso~nal Irnowtedge that budgeted funds art euoilable for the period artd purpose of the rsperldlsure seared above. sIGNATURE o~ weeouwT~NC oFa=IGER DATE .~ r ~~" x A Oep~rtment of General Services Use Qnly pGS APPRO~~ ~ 03 Rg aL4iR~D pER OAG gOC ppPA. ~-^'°~'~_ >r ,. STATE DF CALIFORNIA COUNTY CORRECTIONAL FACILITY CAPITAL EKPENAITURE AND YODTH FACILITY FUND GRANT CONTRACT $E1~7EEN THE STATE BDARD OF CDRRECTION5 AND County of Butte This grant contract is made this 14th day of February ~ 1995, between the State of California, acting by and through the State Board of Corrections, hereafter referred to as the "board" and County of Butte a county duly organized, existing and acting pursuant to the laws of the State of California, hereafter referred to as the "Grantee,". WAEREAS: ~.. This grant contract is authorized by Penal Code Sections 4496 through 4496.4$. 2. The Grantee has made application for a grant for the project hereafter described and has been determined by the Board to be eligible for state funding pursuant to Penal Code Sections 4496 through 4496.48 and Title 15, California Code of Regulations, Section 500, et seq. 3. The Board has authorized grant funding of the project hereafter described in an amount not exceeding: Three Hundred Three Thousand Seven Hundred Fifty Dollars NOW THEREFORE, the parties agree as follow: SECTION 1. PROJECT DESCRIPTION. ~$ 303,750 }. The project shall be known as Jail Kitchen Remodel and Recreation Yard Security Screen Project The project generally consists of remodeling and expanding the existing jail kitchen within the interior of the existing jail and construction of a steel structural framework and a galvanized wire fabric over the exercise areas of the new jail addition. -1- u SECTION 2. INCORPORATION OF DOCUMIIaTS AND GRANTEE This contract incorporates the following documents: A) Exhibit A, Project Description and Budget B) Exhibit B, Grant Contract Standard Conditions C) Exhibit. C, Nondiscrimination Clause D) Title 15, California Code of Regulations, 5ectian 500, et. seq., is incorporated herein by reference E) Title 24, California Cade of Regulations, Local Detention Facilities Section, is incorporated herein by reference F) Upon their completion, final architectural drawings and specifications approved by the Board or any changes approved by the Board are incorporated herein by reference and made a part of this contract. In the event of any inconsistency in the grant contract documents, except as otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1) the Grant Contract; 2) Exhibit A; 3) Exhibit B; 4) Title 15 and Title 24; 5) Exhibit C; and 6) final architectural drawings and specifications. Grantee accepts and agrees to comply with all terms, provisions, conditions and commitments of this grant contract, including all incorporated documents. SECTION 3. GRAVY AMOUNT. LIMITATION ON GRANT AMOUNT. Subject to all terms and provisions of this contract, the Grantee agrees to match the grant to an amount which equals 25$ of the total grant contract amount. In no event shall the Board be obligated to pay any amount in excess of $ 303,750 on account of project costs . Granteewaives any of California an account $ 303,750 and all claims against the Board and the State of project costs which may exceed the sum of SECTION 4. AVAILABILITY OF FONDS. Grantee agrees that the Board's obligation to pay any sums to the grantee under any provision of this grant contract is contingent upon the availability of sufficient funds in the County Correctional Facility Capital Expenditure and Youth Facility Fund, and is subject to any limitations set forth in the County Correctional Facilities Capital Expenditure and Youth Facility Band Act of 1988. SECTION 5. COMPLETION OF PR03ECT. Grantee agrees to proceed expeditiously with, and complete, the project in accordance with the grant application, plans, and specifications as approved by the Board. -2- SECTION 6. GRANTEE'S PAYMENT OF PRQTECT COSTS. Grantee agrees to timely pay any and all costs connected with the project, including, without limitation, any and all project costs exceeding the Board share of the project costs. SECTION 7. TNDEM@IIFICATZON. The Grantee agrees to indemnify the State of California, the Board and their officers, agents, and employees against and to hold the same free and harmless from any and all claims, demands, damages, losses, costs, expenses or liability due to or incident to the design,, construction, operation, repair, maintenance, existence or failure of the project. SECTION 8. TERM. This grant contract shall take effect upon the date the Board approves the grant contract, following its approval or exemption from approval by the State Department of Finance, and shall remain in effect until the project is completed in accordance with terms hereinafter specified or unless terminated pursuant to applicable conditions of this grant contract. IN WITNESS THEREOF, the parties have executed this grant contract on the dates set forth below: STATE BOARD OF CORRECTIONS EXECOTTVE OFFICER or DEST E bate : ~ / [v ~S~ `~~' s:y~ " - ra-,~ ';:~~ County of: . ~: :~ .z.=~__~_ =~ Qa?rovc `"' aged Bac~~t~ry Car,:. Qu~icor's ~iepar:.~•~;~t Date: gy ~ ~~ "GRANTEE" Butte ~ FED ~. ~ 1995 Signature Ed McLaughlin, Chair, Board of Supervisors Name/Title ~~ ~• February 14, 1995 -3- ExHY$zr "A" PROt]'ECT DESCRIPTIDN AND BUDGET Scope of Work A. Praject Description B. Project Activities C. Financial Plaza D. Project Master Schedule E. Sumjnary of Praject Costs F. Construction Cast Breakdown (Schedule of Values) f ~;; ~. -5- EXHYBxT A Project Description and Budget A. Project Description Provide a precise description of the exact project, or that portion of phase of a project, to be completed with these grant funds and the required county matching funds (i.e., number of beds and support activities being funded, square footage, etc.). Summary This contract is a continuation of Project "B" to Contract 022--93 and is intended to complete two projects identified below with reversionary Jail Bond Act funds. Jail Kitchen Remodel. The jail kitchen will be remodeled and expanded within the interior of the existing jail for the purpose of serving the increased population of the Butte County Jail resulting from completion of the new main jail addition. The total project size is anticipated to be -~ 5,800 square feet. The existing jail. kitchen area will be expanded to include the present dining room area and the L-6 dormitory area. This area comprises approximately 2,000 square feet. During the remodel provisions have been made to lease a portable refrigeration/freezer unit and use a California Department of Forestry (CDF) field kitchen for temporary meal preparation. Securit Screen Proposed is the construction of a tube steel structural framework and a galvanized welded and woven wire fabric over the two exercise yards on the recently completed main jail addition. The area to be covered is approximately 6,200 square feet. The security screen cover is intended to prevent the introduction of unlawful contraband into the new jail and preclude inmates from escaping. A-3 EXHIBIT A Project Description and Budget B. Project Activities This section and the following Section C should outline the grantee's basic construction management plan. This information should also highlight the Grantee's contracting procedures {competitive bid or sole source), management procedures, and techniques that will be employee to monitor/control the project. Individuals who are part of the project team and their functions will also need to be identified. Jail Kitchen Remodel Owner. (Butte County) Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Mike Pyeatt, General Services Director (Project Manager) John S. Blacklock, Chief Administrative Officer Mick Grey, Sheriff-Coroner Daniel Young, Assistant Sheriff David Houser, Auditor-Controller (Fiscal Officer} Architect Lionakis-Beaumont Design Group 1919 19th Street Sacramento, CA 95814 Maynard Feist, Project Architect Contractor PBM Construction, Inc. 610 Cardigan Court Roseville, CA 95747 Bruce Miller, Vice President Butte County has already completed the design of the jail kitchen remodel and has competitively bid the project. The low bid of PBM Construction Inc. was awarded by the Board of Supervisors on November 22, 1994. A-2.1 Securit Screen Lionakis-Beaumont Design Group will design the security screen cover. Butte County will attempt to negotiate a change order with the jail kitchen remodel contractor, PBM Construction Inc., to construct the security screen cover. Lacking a favorable negotiation, Butte County is fully prepared to competitively bid the project work. A-2.2 ERHIBIT A Project Description and Budget C. Financial Plan In this section, identify the method for securing matching funds and dates these funds will be available, Cash flow projections need to be included here for expenditure of state funds. These data should be precise, since they will be used for scheduling the sale of bonds. The projects will be completed utilizing a combination of available unspent Proposition 52 and 86 funds from the original contract {project 1), reverted State Jail Bond Act funds, and County matching funds. The reverted funds will be nn a 75% - 25% match basis, The County's matching funds will. be a "hard" match. The Butte County Board of Supervisors on November 22, 1994 approved the appropriation of all monies. The County's match will be from the general fund. Jail Kitchen Remodel Project Budget - X325,000 Reverted Bond Act funds - 243,750 (75%) County match - 81,250 (25%) Securit Screen Cover Project Budget - $ 80,D00 Reverted Bond Act funds - 60,000 (75%} County match - 20,000 (25%) Cash Flow Projections - (State Funds) March 1995 30,000 April 1995 $168,750 May 1995 75,000 June 1995 30,D00 Total State Cost $303,750 Butte County effects to receive payments of the State's share of eligible costs on a monthly basis according to Article 14, Paragraph A (2) of this contract. A-3 EXHIBIT A Project Description and Budget D. Project Master Schedu3.e In this section, provide an actual, approved construction schedule for the completion of the work. This schedule should indicate elements and duration of the project. A schedule of the work undertaking is attached hereto. A-4.1 ~I ..... ......:.... .. j.. ~I EXHIBIT A Project Descript3,on and Budget E. Summary of Project Costs PROJECT BUDGET State Local Match Funds Hard 1. Site Acquisition $xxxxxxx $xxxXx~~ (Based an actual acquisition cost or fair market value*} 2. Needs Assessment $xxxxxxx $ _0_ 3. Architectural $xxxxxs~~ $ _0_ {Pre-architectural design through project completion) ~. E1R Preparation Costs $Xxxxxxx $ _0_ 5. Construction Management** $XXXS~X $ _0_ 6. Transition Planning $xxxxxxx $ _0_ 7. County Management and $xxxxxxx $ _0_ Administration** S. Construction and Equipment $303,750 $101 250 r (Breakdown of costs attached) .., TOTALS $303,750 $101,250 * If "fair market value" is claimed, attach resolution from the county board of supervisors certifying the value. ** The total budgeted cost of construction management and county management/administration is limited to a maximum of four percent of total project costs less site acquisition and EIR preparation. A-5 R12/90 LZBIBIT )L PROJECT DESCRIPTION AHD EUDGL"T !. Cossstructioa Cost Brrakdowa (5cbed~s].a of Yaiues) CO[TtiTY: Butte DATE: February I~, 1995 PROJECT DIRECTOR: Mike Pyeatt, General Sexvices Director Classification of Costs The following diviaieas reflect major cast ueas for caastructioa projaets as identified by the Construction. Specification Institut*. Tha subtotal,' presented for each division is to reflect the tota3 casts attributable to that division. Within each division, identify the sub--elements such as work, materials, etc., that are to be providedfcomplsted far your project. These casts represent engineering estimates of the anticipated costs for each sub-element. Any changes must complyr~rith the administrative pracedure governing intrabudget transfers. Division Casts Dicisioa G -- Biddin and Contract Re iramcnts Repz~oductioa Costs $ Advertising Casts ~ S , Divisio~u 1 -- General Rectuiremeats ~: S ~--8 v sion 2 -- sit. flo k d adsc n Division 3 -- Cnacrete ~i_v_ision 4 __ Nasanry S S 'S x 7 p~,visiots S -- fiet~Is i Division 6 -- Hood :nd Plastic S ~ivisioia 7 _--_ Thermal and Moisture ~rvteetiatz S S ]1-8 t lion - Doo s aad K dory Division 9 -- Tinishes Division 7rQ -- Sneeialties, ..- . aitision _4¢sts .. $ - S .. 71-9 r s a„g,,,~,1 -- Ecrui~eat See Equipment List Attached ;_300,000 Division 1~ --- Fusaishin s • -; Division I3 -- S eci.al Coastructioa ]--ZO • Dirisio~.oo:ts pirision i4 -- Can.erina_"~rstem; Divisfan I5 -- TLec~aaica~ Plumbing S 34,147 HVAG _, 70, 853 .. . _ _,.._,. K S 105,000 Division 15 -- E3ectrica3. .::~. ,S II-il 1 ~ p~,v~,~~a 7 ~,~ Contiaaencv* Division Costs s *NOTE: 'Divisioa 17 -- Contingency' shall eat s~ceeod I0~ of thr fatal cant: of the preceding divisions. Zf the eantingeacy is reimbursed by state funds, this category will be rQViewad by the state when the project ia~ 50t complete. The funds remaining in the contingency category may be reduced to S0~ of the balance available and the other 50~ will be returned to the state for disbursement to other counties. TOTAL STATE CONiSTRIICTION COSTS TOTAL LOCAL CONSTRIICTIOH COSTS TOTAL CONSTRIICTION SUDGET $ 303,750 $ 101,250 $ 405,000 !1-lZ EXHIBIT A Listing of Equipment A copy of the kitchen equipment list is attached hereto. A-12.1 EXHIBIT "B" GRANT CONTRACT STANDARD CONDITIONS INDEX ARTICLE 1. DEFINITIONS ARTICLE 2. PROJECT COSTS ARTICLE 3. PROJECT OFFICIALS ARTICLE 4. GRANTEE'S GENERAL RESPONSIBILITY ARTICLE 5. GRANTEE ASSURANCES AND COMMITMENTS ARTICLE b. PROJECT ACCESS ARTICLE 7. FLOOD INSURANCE ARTICLE 8. RECORDS ARTICLE 9. ACCOUNTING AND AUDIT REQUIREMENTS ARTICLE 10. REPORTS ARTICLE 11. DISCRIMINATION BY GRANTEE ARTICLE 12. CHANGES ARTICLE 13. WITHHOLDING OF GRANT DISBURSEMENTS ARTICLE 14. DISBURSEMENT ARTICLE 15. TERMINATION ARTICLE 16. DISPUTES ARTICLE 17. REMEDIES ARTICLE 18. WAIVER ARTICLE 19. AMENDMENT -b- EXHIBIT B GRANT CONTRACT STANDARD CONDITIONS ARTICLE 1. DEFINITIONS The following terms shall have the meaning hereafter ascribed to them unless the context clearly requires a contrary meaning: A. "Eligible Project Cost" means, except as otherwise provided, reasonable and necessary project costs actually incurred in construction of the project which are otherwise eligible for state assistance pursuant to state laws, rules, regulations, guidelines and this contract. B. 'Ineligible Project Cost' means all costs which are not eligible far state funding pursuant to state laws, rules, regulations, guidelines or this contract, even though incurred by the Grantee, including those that are determined by the Board to be unreasonable or unnecessary costs. C. "Financial Plan" means arrangements made by the Grantee to finance its portion of the project cost, including reserves for cash flow during the construction period. ARTICLE 2. PROTECT COSTS A. Project costs eligible for state funding and county match include, but are not limited to: (1) Construction of project; (2) Fixed equipment conditioning, surveiLLance, necessary for the the Board-approved detention facility items; i.e., heating, ventilation, air plumbing, lighting, communications, >ecurity and life/safety equipment as operation of the detention facility; (3) Movable equipment items; i.e., Laundry, kitchen, medical, and other service equipment necessary for the operation of the detention facility; (4) Fixed furnishing; i.e., built-in and permanently-affixed counters, tables, cabinets, and seats, as necessary for the operation of the detention facility; (5) Movable furnishing in inmate housing areas; (6} Installation of existing fixed equipment and furnishings as necessary for-the operation of the detention facility. B-1 B. Project costs or items which are ineligible for state funding, but are eligible as local match contributions shall include: (1) Architectural drawings and specifications, including the preparation of preliminary plans, contract drawings, and specifications; (2) Pre-architectural programming; (3) Needs assessment preparation; (4) Site acquisition; ,. (5} EIR preparation costs for full or focused ElR's; ' (6) Reasonable construction management and county administrative staff costs in managing the jail construction project; (7) Detention administrator's transition staff; C. Counties shall be required to provide at least 10 percent hard match plus up to 15 percent soft match of the eligible project cost, for a total of 25 percent match. (1) Expenditures eligible as hard match shall include those for: {a) Architectural programming and design; (b) Needs assessments prepared by a consultant(s) outside the county work force; (c) Construction of the approved project, including space for jail staff conference, training, administration, showers and lockers, exercise, and lounge; {d} Fixed and movable equipment and furnishings necessary for operation of the jail; (e) Site preparation and reasonable landscaping costs. (f) Construction management; (2) Expenditures eligible as soft match shall include those defined above as eligible as hard match, plus the following: (a) Site acquisition costs. (If the site was previously acquired, soft match credit will be allowed at the current fair market value of the site.} (b) Needs assessments prepared by county staff. Costs will be limited to salaries and benefits of staff preparing the needs assessment. B2 R12/90 (c) County management and administrative staff costs limited to salary and benefits necessary to the jail construction project. These costs may include inspection fees and expenses to procure construction management services to augment county staff. These enumerated management expenses plus construction management mentioned in C (a) (f) are limited to a maximum of four percent of the project costs, excluding site acquisition and EIR preparation. (d) Detention administrator's transition staff costs limited to salary and benefits necessary to the jail construction project. (e) Preparation costs for full or focused EIRs. {f} County professional staff costs, limited to salaries and benefits, necessary for the drafting of architectural drawings for plan review submittals to the Board of Corrections, for deferred maintenance projects or projects costing $300,000 or less. (3) To qualify as match, local expenditures must be far the project funded by the Board. (~.} Eligible local expenditures since ,Tune 1, 1982, may be included as match. D. Ineligible project costs include, but are not limited to: (1) Items considered supplies, including kitchen utensils, plates, food trays, etc.; {2) Fixed or movable administrative, recreational, and program equipment for other than jail management or operations; {3) Bonus payments for early completion of work; (~) Interest charges far late payments; (5) Personal injury compensation or damages arising out of or connected with the project, whether determined toy adjudication, arbitration, negotiation, or otherwise; (6) Fines and penalties due to violation of or failure to comply with federal, state or local laws and ordinances; (7} Gosts outside the scope of the approved project; (8) Interest on bonds or any other form of indebtedness required to finance project costs; B-3 R12/90 (9) Off-site preparation costs; (ZO) All casts attributable to county building permit fees and/or building inspection fees; (Il) All costs incurred in violation of the terms, provisions, conditions or commitments of this contract; {12) All costs arising out of, or attributable to, Grantee's malfeasance, misfeasance, mismanagement, or negligence; (l3) All costs arising out of or connected with contractor claims against the Grantee, or those persons for wham the grantee may be vicariously liable, including, but not limited to, any and all costs related to defense or settlement of such claims; (14) Jail facilities or portions thereof operated by jurisdictions other than counties. City, state and federal facilities are not eligible for funding; and (15) Sheriff's or other criminal justice activities that are not directly related to the care and custody of inmates. ARTICLE 3. PROJECT OFFICIALS A_ The Board's EXECUti'tre Officer or designee shall be the Board's representative for administration of the grant contract and shall have authority to make determinations and findings with respect to each controversy arising under or in connection with the interpretation, performance, or payment for work performed under this contract. Disputes shall be resolved in accordance with Article 16 of this exhibit. B. The Grantee shall appoint a Project Manager. The Grantee's project manager shall be the Grantee's representative for the ~- administration of the contract and shall have full authority to act on behalf of the Grantee. All communications given to the Grantee project manager shall be as binding as if given to the Grantee. Any documents required to be submitted to the Board of Corrections, including but not limited to, quarterly reports and final summary reports, shall be signed by the project manager. C. Either party may change its project representative upon written notice to the other party. B-4 R12/90 ARTICLE 4. GRANTEE'S GENERAL RESPONSI$ILITY Grantee is solely responsible far design, construction, operation, and maintenance of the project. Review and approval of plans, specifications, or other documents by the Board is solely for the purpose of proper administration of grant funds by the Board and shall not be deemed to relieve or restrict the Grantee's responsibility. ARTICLE 5. GRANTEE ASSURANCES AND COMMITMENTS A_ Compliance with Laws, Regulations, Etc. Grantee shall at all times comply with all applicable Federal and state laws, rules and regulations, and all applicable local ordinances, specifically including, but not limited to, environmental, procurement and safety laws, rules, regulations, and ordinances. B. Fulfillment of Assurances, Declarations, Etc. Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in the grant application, documents, amendments, and communications filed in support of its request for grant funds. G. Use of Grant Funds Grantee shall expend all grant funds solely for eligible project costs. Grantee shall, upon demand, remit to the Board any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions, or commitments of this contract. Any grant funds so remitted to the Board shall include interest equal to the rate earned by the State Pooled Money Investment Account. D. Permits and Licenses Grantee agrees to procure alI permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to Che due and lawful prosecution of the project work. E. Site Assurances Brior to this contract, the Grantee agrees to provide to the Berard written assurance from the county counsel that the grantee has a fee simple or such other estate or interest in the site of the project and rights of access sufficient to assure undisturbed use and possession of the site. B-5 F. Financial P~.an The Grantee agrees to submit a financial plan acceptable to the Board. G. Compliance with Drawings and Specifications Grantee agrees that drawings and specifications, upon which contracts are awarded, shall be the same as those submitted to and approved by the Board. H. Contract Requirements (1) Grantee agrees to place appropriate language in the Supplementary Conditions Section of all contracts for work on the project (see sample supplementary conditions language) requiring the prime contractor and any subcontractor to: {a) Books and Records. Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the contractor's work on the project in accordance with generally-accepted government accounting and project management principles and practices. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from support documentation to the accounting records to the financial reports and billings. These records shall be maintained for a minimum of three years after the date of completion of the project or the final audit, whichever is later, and shall be• subject to examination and audit by the State Auditor General. {b) Access to Baaks and Reco7Cds. Make such books, records, documents, and other evidence available to the Board, or its designee or authorized representative, during the course of construction and for a minimum of three years after completion of the project or final audit, whichever is later, and provide suitable facilities for access, monitoring, inspection, and copying thereof. (c) Non-Discrimination. Not discriminate against employees or against any applicant for employment because of ethnic group identification, religion, age, sex, color, national origin, or physical or mental disability. (d) Access. Permit the Board, or its authorized agents, to have access to the work whenever it is in preparation or progress and provide that the contractor{s) will provide proper facilities for access monitoring and inspection. B-fi (2) Grantee assures that for any prime contract awarded by the Grantee, such insurance (e.g., fire and extended coverage, workers' compensation, public liability and property damage, and "a11-risk" coverage) as is customary and appropriate will be obtained. In addition to the matters set forth in Section H(1) above, the contractor shall be required to post payment and performance bonds, each of which shall be in an amount not less than 100 percent of the contract price, if the contract amount is equal to or in excess of the amount for which payment and performance bonds are required by law or ordinance. _ I. Award of Grant Contract Promptly, upon the award of a grant contract, the Grantee shall advise the Board of the award and shall supply such information and documentation as may be required by the Board. J. Construction Activities and Compliance with Scheduling (1) Payment_of_Coz~tractorLs?_. The Grantee shall make payments to its contractors promptly as payments become due to such contractor(s). (2) Supervision and Inspection. The Grantee shall assure that adequate supervision and inspection of project construction activities are maintained. ARTICLE 6. PRO3ECT ACCESS The Grantee shall insure that the Board, or any authorized representative, will have suitable access to the project site at all reasonable times during project construction. ARTICLE 7. FI:(30D INSDRANCE The Grantee shall acquire and maintain any flood insurance made available to it under the National Flood Insurance Act of 196$, as amended. The insurance shall be in an amount at least equal to the total eligible project costs, excluding cost of land and uninsurable improvements, or to the maximum limit of coverage made available under the National Flood Insurance Act of 3.96$ as amended, whichever is less, for the entire useful life of the project. This condition shall not be applicable if, on the date of execution of the grant contract by bath parties, flood insurance was not available pursuant to the National Flood Insurance Act of 1968, as amended, for property in the project location. This condition shall not be applicable if the project location is outside the boundaries of a special flood hazard area delineated on a Flood Hazard Boundary Map or Flood Insurance Rate Map which has been issued by the Department of B-7 Housing and iTrban Development, Federal Insurance Administration. This condition shall not be applicable if the total value of improvements insurable under the National Flood Insurance Act is less than $10,000.00. ARTICLE 8. RECORDS A. The Grantee shall establish an official file for this project. The file shall contain adequate documentation of all actions in accordance with generally-accepted government accounting principles that have been taken with respect to the project. B. The Grantee shall establish separate accounting records far receipt, deposit, and disbursement of all grant funds as specified in Article 14. C. The Grantee shall maintain books, records, documents and other evidence sufficient to reflect properly the amount, receipt, and disposition of all project funds, including Board grant funds and any matching funds of the Grantee, and the total cost of the project. Generally-accepted government accounting principles and adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from support documentation to the accounting records to the financial reports and billings. Ail Grantee records relevant to the project will be preserved a minimum of three years after project completion or final audit, whichever is later, and shall be subject at all reasonable times to inspection, monitoring, copying, and audit by the Board or its designee or authorized representative, and by the State Auditor General. ARTICLE 4. ACCOUNTING AND AUDIT REQUIREMENTS All funds received by the county shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition. Grantee agrees that audit and accounting procedures shall be in accordance with generally-accepted government accounting principles and practices (see Account%ne Standards and Procedures for Counties, California State Controller, Division of Local Government Fiscal Affairs) and adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from support documentation to the accounting records to the financial reports and billings. The Grantee further agrees to the following audit requirements: A. Pre-payment Audi. Prior to the deposit af,.:.g~ant funds into the separate account, the Board may require ~~the Grantee to have a system audit performed by an auditor satisfactory to the Board to insure that the. Qrantee's accounting system meets generally- accepted government accounting principles; B-8 B. Interit~ Audit. The Board reserves the right to call far an audit at anytime between the execution of this grant contract and the completion or termination of the project; and C. Final Audit. Within 90 calendar days of the contract expiration date, the county must obtain and submit a final audit to the Board of Corrections. The audit shall be prepared in accordance with generally accepted auditing standards and government auditing standards for financial and compliance audits. The audit may be performed by the county ar the county may hire, at county cost, an independent auditor to complete the final audit. Counties should obtain assurances that the personnel selected to perform the audit collectively have the necessary skills. It is important that a sound procurement practice be followed when contracting for audit services. Sound contract and approval procedures, including the monitoring of contract performance, should be in place. The objectives and scope of the audit should be made clear. In addition to price, other factors to be considered include the • responsiveness of the bidder to the request for proposal; the past experience of the bidder; availability of bidder staff with professional qualifications and technical abilities; and whether the bidder organization participates in an external quality control review program. It should also be noted that these steps are important whether the county is hiring auditors from an outside CPA firm or within its own internal auditing unit. Since the audit function must maintain organization independence, the county financial officer for this project, as cosigner to the grant contract, cannot perform audits of the grant contract- related activities. Additionally, internal county auditors who report to the financial officer, or to whom the financial officer reports, are cautioned not to perform the audit. The person conducting the audit shall ~be a public accountant or certified public accountant, unless the audit is completed by a county auditor. Failure to comply with these qualifications standards could result in the rejection of the audit report. ARTICLE 10. REPORTS The Grantee agrees to submit progress reports in a format specified by the Board during the course of construction. In addition, Grantee shall immediately advise the Board of any significant problems arising during the course of contract work. B-9 R.3/91 Without limitation of the foregoing: A. Quarters Progress _Re~orts. The Grantee agrees to submit quarterly progress reports to the $oard on the appropriate documentation foam during the term of this grant contract. The reports shall include, but not be limited to, review of progress during the reporting period, change orders issued, invoices submitted, and payments made. The quarterly reports must be submitted within 45 calendar days after the end of each quarter. The due dates for the reports are: lst Quarter: 2nd Quarter: 3rd Quarter: 4th Quarter: 3uly-September Qctober-December ,Tanuary-March April -.]une Due: November 15 Due: February 15 Due: May 15 Due: August 15 Not submitting quarterly reports in a timely manner could result in fund disbursements being withheld. B. Final Proiect,Summary Report. The Grantee agrees to submit to the Board a Final Project Summary Report on the appropriate documentation form within 90 calendar days of the contract expiration date. The report shall describe the finished project and provide appropriate data and visual material suitable for public distribution. ARTICLE 11. DISCRIMINATION BY GRANTEE Grantee shall not discriminate against any employee who is employed in the project work or against any applicant for such employment because of ethnic group identification, religion, age, sex, color, national origin, or physical or mental disability (see Exhibit C). ARTICLE 12. CHANGES Grantee agrees that no substantial change in project work will be permitted without prior written approval of the Board. Substantial changes are those which affect the design on scope of the project; compliance with minimum jail standards; fire and life safety regulations; or, which alter the grant contract amount or completion date. Minor construction change orders may be executed, without prior approval, within the Contingency Division of the contract (Exhibit A}. In any event, all county-approved change orders must be submitted, in duplicate, to the Board far review. Minor change orders may be submitted with the next invoice; substantial change orders shall be submitted upon approval by the county. B-10 R.3/91 ARTICLE 13. WITHHOLDING OF GRANT DISBURSEMENTS A. The Board may withhold all or any portion of the grant funds provided for by this contract in the event that: (1) Contract Violations. The Grantee has materially and substantially breached this contract within the meaning of Article 1S B. (2) Insufficient Caumty Funds. The Grantee is unable to demonstrate, to the satisfaction of the Executive Officer, continuous availability of sufficient funds to complete the project. B. At such time as the balance of state funds allocated to the county reaches ten percent, the Beard may withhold up to that amount as security. This retention will be released to the county upon receipt and approval of the final audit and final project summary report required in Articles 9 C and 10 B, respectively. C. If the Grantee utilizes "phased" construction methods, the Board will sign a grant contract with the county when it has accepted bids for a phase of construction which is clearly and solely far the funded projects and will encumber up to the full county allocation, However, if bids for subsequent phases of the work come in below application estimates, this grant contract will be amended to reflect actual costs. D. In the event that grant funds are withheld from the Grantee, the Executive Officer or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withhold. E. The Board will not reimburse counties for costs identified as ineligible for state funding in Article 2. If state funds have been provided for costs subsequently discovered to be ineligible, the Board may either withhold an equal amount from subsequent payments to the Grantee or require repayment of an equal amount to the state by the Grantee. Any grant funds so remitted to the Board shall include interest equal to the rate earned by the State Pooled Money Investment Account. ARTICLE 14. DISBi7RSEMENT A. The Grantee shall have two options available for receipt of state funds. These options are: (1) The Grantee may elect to advance that portion of the funds as are to be supplied by the state. In such case, the Grantee B-11 R.3/91 shall provide the funds with which to make all payments as are appropriate and shall apply to the state, at intervals mutually agreed upon, for reimbursement. The Grantee shall supply the state with the appropriate documentation form(s) on a monthly basis and certify to the accuracy of the report(s) in accordance with Board regulations, policies, and procedures. The Grantee shall further certify that the expenditures are actual and that all funds were expended for the purpose of liquidating obligations legally incurred. At no time shall the cumulative disbursements of state funds exceed 75~ of the cumulative total eligible project expenses. (2) The Grantee may elect to receive payments of the state`s share of eligible costs on a monthly basis. Under this option, the Board shall process the request for the state's share of the eligible expenses incurred during the preceding month. At no time shall the cumulative disbursements of state funds exceed 75~ of the cumulative total eligible project expenses. There shall be a minimum of one month between subsequent grant payment requests. B. The state will endeavor to issue a warrant f funds under A (1), or (2) above within 15 county documentation of eligible contract requests for payment shall be accompanied expenditure form and certification as may Board. :or eligible contract days of receipt of expenditures. All by the appropriate be required by the Release of funds to the Grantee for payment to their contractor{s) shall be made only by written authorization of the Board's Executive Officer or designee and Grantee Project Manager and Project Fiscal Officer. In order to release the funds, the Grantee Project Manager shall prepare an itemized statement of completed project activities and associated costs, on forms provided by the Board. Authorization for release of funds shall be constituted by Grantee's Project Manager, County Auditor or the Trustee and the Board's Executive Officer or designee signing of this itemized statement. C. The Grantee agrees to provide all funds necessary for project cost overruns. ARTICLE 15. TERMINATION A. This grant contract may be terminated, prior to award (including a conditional award subject to the sale of bonds to finance part of the cost of the project} of construction or architectural contracts} for the project, by the Soard, at its option, where it appears that there will be lack of state funds available to B-12 R.3/91 fulfill this contract, provided that after such termination, the Grantee shall be entitled to an amount which equals the eligible project costs which have been incurred by the Grantee prior to such termination. B. This grant contract may be terminated after award of contract(s) but prior to completion of the project, by the Board, only upon action or inaction by the Grantee which constitutes a material and substantial breach of this contract. Such action or inaction by the Grantee includes but is not limited to: (1) Willful disregard of applicable health, fire, and life safety standards, or, of Title 15, Minimum Standards for Local Retention Facilities, and Title 24, Local Detention Facilities, California Code of Regulations. (2} Substantial alteration of the scope of the grant project without the prior written approval of the Baard. (3) Refusal or inability to complete the grant project in a diligent manner. Normal construction delays oz interruptions shall not constitute such refusal or inability. (4) Failure to provide the required local share of the total project casts necessary for project completion. (5) Failure to meet prescribed assurances,~commitments, contract, record accounting and auditing, and reporting requirements as set forth in Articles 5, 8, 4, and 14. (b) Any other violation(s) of the grant contract which significantly impairs the security of the grant funds, ar, the ability of the Grantee to utilize the funded facility for its intended and authorized purpose. C. In the event of such termination, pursuant to Article 15 B. above, Grantee shall, upon notification, refund to the Baard an amount equal to all grant funds previously disbursed to the Grantee. Any grant funds so remitted to the Baard shall include interest equal to the rate earned by the State Pooled Money Investment Account. D. (1) Prior to terminating any grant contract under the provisions of Article 15 $, the Board shall provide the Grantee at least thirty days written notice, stating the reason(s) for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with Article 16. B-13 R.3/91 {2) A Grantee may file with the Board a written request that any prior written notice of termination specified in Article 15 E (1) be provided simultaneously to a third party trustee ar financing surety. The Board shall provide such an additional notice if, prior to the provision of a termination notice to the Grantee, the Grantee has filed a written request with the Executive Officer stating the name, title, and business address of the third party designated to receive notice. E. Nothing in this Article in any way alters or limits the authority of the Board to withhold grant funds in accordance with Article 13. ARTICLE 16, bISPUTES A. Except as otherwise provided in this grant contract, any dispute concerning a question of fact arising under, or relating to, the performance of this grant contract which is not resolved by agreement between county and Board staff shall be decided by the Board of Corrections. A county may appeal on the basis of alleged misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures. Such appeal shall be filed within 30 calendar days of the notification of the action with which the county is dissatisfied. The request shall be in writing stating the basis for the dissatisfaction, and the action being requested of the Board. (1) A hearing shall be conducted by a hearing panel designated by the Chairperson of the Board at a reasonable time, date, and place, but not later than 21 days after the filing of the request for hearing with the Board, unless delayed for good cause. The Board shall mail or deliver to the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing. The procedural time requirements may be waived with mutual written consent of the parties involved. Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 60 days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause. B-14 R.3/9l An appellant may waive a personal hearing before the hearing panel and under such circumstances, the hearing panel shall consider the written information submitted by the appellant and other relevant information as may be deemed appropriate. The hearing is not formal in nature. Pertinent and relevant information, whether written or oral, will be accepted. Hearings will be tape recorded. After the hearing has been completed, the hearing panel shall submit a proposed decision in writing to the Board at its next regular public meeting. (2) The $oard, after receiving the proposed decision, may adogt the proposed decision; decide the matter on the record with or without taking additional evidence, or, order a further hearing to be conducted if additional information is needed to decide the issue. After the hearing panel's proposed decision is adopted, or an alternate decision is rendered by the Board, or notice of new hearing ordered, notice of decision or other such actions shall be mailed or otherwise delivered by the Board to the appellant. (3) The record of the testimony, exhibits, all papers and requests filed in the proceedings and the hearing panel's proposed decision, shall constitute the exclusive record for decision and shall be available to the appellant at any reasonable time for one year after the date of the Board's notice of decision in the case. (4) The decision of the Board shall be final. B. This clause does not preclude consideration of legal questions in connection with decisions provided for in Article lb A above, provided that nothing in this contract shall be construed as making final, the decision of any administrative official, representative, ar Board on a question of law. ARTICLE 17. REMEAIES Grantee agrees that any remedy provided in this grant contract is in addition to and not in derogation of any other legal or equitable remedy available to the Board as a result of breach of this grant contract by the Grantee, whether such breach occurs before or after completion of the project. In the event of litigation between the parties hereto arising from this contract, it is agreed that the prevailing party shall be entitled to such reasonable costs and/or attorney fees as may be ordered within the discretion of the court. B-15 R.3/41 ARTICLE 18. WAIVER The parties hereto may, from time to time, waive any of their rights under this grant contract unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver. ARTICLE 19. AMENDMENT This grant contract may be amended at any time by mutual written agreement of the parties. B-16 R.3/91 ERfiISIT 'C' N~NDIS~~~NA'~'ION CIAIISE -7- EXHIBIT C NONDIS~;FtT~uATIQN CLAIISE (OCP - 2) 1. DURING THE PERFORMANCE OF THIS CONTRACT, THE RECIPIENT, CONTRACTOR AND ITS SUBCONTRAGTORS SHALL NOT DENY THE CONTRACT'S BENEFITS TO ANY PERSON ON THE BASIS OF RELIGION, GOLOR, ETHNIC GROUP IDENTIFICATION, SE%, AGE, PHYSICAL OR MENTAL DISABILITY, NOR SHALL THEY DISCRIMINATE UNLAWFULLY AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLDR, NATIONAL ORIGIN, ANCESTRY, PHYSICAL HANDICAP, MENTAL DISABILITY, MEDICAL CONDITION, MARITAL STATUS, AGE OR SEX. CONTRACTOR SHALL INSURE THAT THE EVALUATION AND TREATMENT OF EMPLOYEES AND APPLICANTS FOR EMPLAYMENT ARE FREE OF SIICH DISCRIMINATION. 2. CONTRACTOR SHALL COMPLY WITH THE PROVISIONS OF THE FAIR EMPLOYMENT AND HOUSING ACT (GOVERNMEN'T CODE, SECTION 12900 et seq.), THE REGULATIONS PROMULGATED THEREUNDER (CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 7285.0 e~ seq.) THE PROVISIONS OF ARTICLE 9.5, CHAPTER 1, PART 1, DIVISION 3, TITLE 2 OF THE GOVERraLNT CODE (GOVERPIl~IIQT CODE, SECTIONS 11135-1139.5} AND THE REGULATIONS OR STANDARDS ADOPTED BY THE AWARDING STATE AGENCY TO IMPS-FrYtF-3'r SUCH ARTICLE. 3. RECIPIENT, CONTRACTOR AND ITS SUBCONTRACTORS SHALL GIVE WRITTEN NOTICE OF THEIR OBLIGATIONS UNDER THIS CLAUSE TO IABOR ORGANIZATIONS WITH WHICH THEY HAVE A COLLECTIVE BARGAINING OR OTHER AGREEMENT. 4. THE CONTRACTDR SHALL INCLUDE THE NONDISCRIMINATION AND COMPLIANCE PROVISIONS OF THIS CLAUSE IN ALL SUBCONTRACTS TO PERFORM WORK UNDER THE CONTRACT. STD. 17B (NEW 5-83) BOC Rev. 5-88 C-1 Sample Stlpplementarv Conditions Languaee (Article 5, Section H} REOUIRRMFN'1'g OF BOARD OF CORRECTIONS The state grant contract requires the following: A. In the event of an inconsistency between the grant contract and the Agreement far Construction, the grant contract shall prevail. Therefore, the contractor shall in all respects comply with all requirements of the grant contract, and all instructions of the Project Manager regarding compliance with the grant contract. In the event any requirement of the grant contract is inconsistent with the Agreement for Construction and adds either cost or time to the project, and such requirement is not specifically recited in the grant contract documents as they existed at the time of bidding, the contractor may submit a request far a contract price or time adjustment pursuant to Article 17 of the General Conditions. Such request shall specify with detail all grounds asserted by the contractor to require extra cost or time in perfarmance.of the agreement for construction. B. The following change orders are subject to approval by the Board of Corrections. The processing time by the Board of Corrections for such review shall not exceed fifteen days from the date of submittal of complete documentation regarding the change order. This review will occur concurrently with the Project Architect's review. Minor modifications to the project (Field Orders, Work Authorizations) and clarifications do not require prior Board of Corrections' approval. The following types of changes require prior written approval of the Board of Corrections: -a. 1. Changes which affect the design or scope of the project or compliance with minimum jail standards; 2. Changes which affect security, fire and life safety of the facility; 3. Changes which increase or modify the amount of the project schedule of values breakdown as specified in paragraph "C"; and ~. Changes which extend the completion date of the Agreement for Construction. SSCL-1 C. The Board of Corrections requires the construction costs to be broken down with reference to each Division (1-16)~ in the Technical Specifications. Grant contract price adjustments which do not change the total allocated to each division are not subject to Board of Corrections' approval. Contract Price Change Orders which do change the allocation to each division are subject to Board of Corrections' approval. D. Certain portions of the project are not eligible for state grant funding. In all requests for progress payments and the request for final payment, the contractor shall separately list work not eligible for state funding. The Project Manager shall identify such work for the contractor. E. Recard__Keepin~. The state grant contract requires the contractor to keep and maintain the fallowing records for the times specified: (a) Books and Records. Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the contractor's work on the project in accordance with generally-accepted government accounting and project management principles and practices. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from support documentation to the accounting records to the financial reports and billings. These records shall be maintained for a minimum of three years after the date of completion of the project or the final audit, whichever is later, and are subject to examination and audit by the State Auditor General. (b) Access to Books and Records. Make such books, records, documents, and other evidence available to the Board, or its designee or authorized representative, during the course of construction and for a minimum of three years after completion of the project or final audit, whichever is later, and provide suitable facilities for access, monitoring, inspection, and copying thereof. {c) Non-Discrimination. Not discriminate against employees or against any applicant for employment because of ethnic group identification, religion, age, sex, color, national origin, or physical or mental disability. (d) Access. Permit the Board, or its authorized agents, to have access to the work whenever it is in preparation or progress and provide that the contractor(s) will provide proper facilities for access monitoring and inspection. SSCL-2 F. It is the Project Manager's responsibility to provide a liaison between the county, the Board of Corrections, and the contractor. The contractor is not responsible nor required to engage in direct discussion with the Board of Gorrections or any representative thereof. However, the contractor, shall in good faith, exert its best efforts to assist the county in fully complying with all requirements of the grant contract. The contractor is advised that the primary source of funding for the Agreement for Construction is the state bond grant, and that the County of Butte does not have funds to finance the Agreement for Construction independently of that grant. Therefore, the contractor shall in all ways cooperate with the county and the Board o£ Corrections in maintaining a goad working relationship and the smooth flow of project funds. Contractor shall cooperate as instructed by the Project Manager in resolving any disputes arising under the state grant contract. Rev. 12/90 SSCL-3 P85CDI~T.FNL