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STATE OF CALIFORNIA DEPARTMENT OF REHABILITATION
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Last modified
6/4/2019 4:52:44 PM
Creation date
5/30/2019 3:14:28 PM
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Contracts
Company Name
STATE OF CALIFORNIA DEPARTMENT OF REHABILITATION
Contract #
A-2019-070-05
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
5/7/2019
Expiration Date
6/30/2022
Destruction Year
2027
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SECTION3 <br />CONSTRUCTION; DELIVERY OFIPREMISESLEUBSTANTIAL COMPLETIONt PUNCH LIST ITEMS <br />3.1 Permits. Landlord will cause Landlord's Architect and the Engineers to submit the Approved Working Drawings to the <br />appropriate governmental entities and otherwise apply for all applicable building and other permits and approvals (collectively, "Permits") (!rally) <br />necessary or required (in Landlord's good faith discretion) for the Contractor to commence, perform and fully complete the construction of the <br />Tenant Improvements. Neither Landlord nor any Landlord Party shall have any obligation or liability to Tenant if any Permit (including, without <br />limitation, any building permit, certificate oroccuponcy, or equivalent) is not timely or otherwise Issued, <br />3.2 Landlord's Solectlar and Retention of the Contraetor. <br />3.2.1 Landlord shall submit the Construction Drawings for the Premises on a fixed contract amount (or GMAX) basis to a <br />general contractor selected by Landlord (the "Contractor"), which Contractor shall be independently retained by Landlord (pursuant to such <br />construction contract form as Landlord shall in good faith determine) to construct the Tenant Improvements in accordance with the Construction <br />Drawings. Landlord reserves the right to designate the subcontractor or subcontractors to perform particular trades (or components of) the Tenant <br />Improvements such as tire/life safety, HVAC, structural and electrical work. <br />3.2.2 Landlord reserves the absolute right, without the need for consultation with or the consent of Tenant, to terminate the <br />Contractor for nonperformance (as determined in good faith by Landlord) and in such case Landlord may select another general contractor to <br />complete the Tenant Improvements, Notwithstanding any provision of this Work Letter to the contrary, Tenant hereby waives all claims against <br />Landlord, and Landlord shall have no responsibility or liability to Tenant, on mccomtt of any nonperformance or ally misconduct of any Contractor <br />(or any subcontractor thereof) for any reason. <br />3.2.3 If the Tenant Improvements shall constitute "public works: pursuant to Labor Code §1720.2, the following shall apply: <br />(a) Landlord shall require the Contractor to comply with (and to cause its subcontractors to comply with) <br />prevailing wage requirements and be subject to restrictions and penalties in accordance with §1770 et seq, of the Labor Code which requires <br />prevailing wages be paid to appropriate work classifications in all bid specifications and subcontracts. <br />(b) Landlord shall require the Contractor to furnish all subcontractors/employzes a copy of the Department of <br />Industrial Relations prevailing wage rates which Lessor will post at due job site. For further infornotion on prevailing wage: <br />http://www.dir on eov/dlsr/statistics re ea •ch. to <br />(c) Landlord shall require the Contractor to comply with (and to cause its subcontractors to comply with) the <br />payroll record keeping and availability requirement ot•§l776 of the Labor Code. <br />(d) Landlord shall require the Contractor to (and to cause its subcontractors to Lessor/contractor to) make travel <br />and subsistence payments to workers needed for performance of work in accordance with the Labor Code. <br />(a) Prior to commencement of work, Landlord shall require the Contractor to contact the Division of <br />Apprenticeship Standards and comply with § 1777.5, §1777.6, and § 1777.7 of the Labor Code and Applicable Regulations. <br />3.3 Delive v Of Premises; Sub tantial Comnletion Punch List Items. <br />3.3.1 Dellveiv of Premises. Landlord shall deliver the Premises to Tenant upon Substantial Completion of the Tenant <br />Improvements. Subject to Landlord's obligations under this Work Letter (including Landlord's obligations to perfomu (or cause to be perfonned) die <br />Landlord's Work and to construct (or cause to be constructed) the Tenant Improvements in accordance with the Construction Drawings) and to all of <br />Landlord's other express obligations under the Lease (including, under Section 21 of the Lease), Landiord shall have no duty or obligation to <br />improve, or pay for any improvement for, the Premises or any portion thereof and Tenant shall accept the same in its Tenant shall accept the <br />Premises in its•then existing condition on the Delivery Date, "AS -IS", "WITH ALL FAULTS". <br />3.3.2 SML31111111111111 ClInitilption. For purposes of this Lease, "Substantial Completion" shall occur upon (and the Premises <br />shall be "Substantially Complete" upon) the substantial completion orconstructlon of the Tenant Improvements pursuant to the Approved Working <br />Drawings, as evidenced by a "signoll" on the building permit card by an inspector of the applicable governmental authority (typically the city in . <br />which the Building is located), with die exception of any Punch List Items (dented below) mid any tenant fixtures. work -stations, built-in furniture, <br />or equipment to be Installed by Tenant or under the supervisiot o f Contractor. <br />33.3 Pouch List Items. Alter the Substantial Completion by Landlord of the Tenant Improvements, represcnmtives or <br />Landlord, Tenm t mid the Contractor shall completely inspect the Promises and complete a list (the "Punch LisC) or all Punch List items (defined <br />below). Authorized representatives ort.midlord. Tenant and the Contractor shall execute said Punch List to indicate their approval thereof. Landlord <br />shall cause the Contractor to complete all Punch List Items described oil the Pmich List as soon as reasonably possible following die approval orsuch <br />Punch List. As used herein, "Punch List Items" means all items of construction which entail one or more details of constmetiun. decoration. <br />mechanical adjustment or installation that do not materially and adversely affect the use and occupancy of any portion of the Premises fir the normal <br />conduct of'renanCs• business. <br />801 WClair Center Dr—C'lly af.Saunn, Inn Lrmsu 3 Exhibit C <br />
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