HomeMy WebLinkAboutP-21-274 Shaver Lake Construction.pdfCONTRACT INFORMATION SHEET
DATE: July 15, 2021
Contract No.: P-21-274 Vendor Number: 0000285216
Contract Title: Repair Work at the Name/Address: Shaver Lake Construction
Shaver Lake Wastewater PO Box 247
Treatment Facility Shaver Lake, CA 93664
Contract Period: 7/15/21 – 7/14/23 Contact: Wendy Parker
Using Agencies: Public Works 559-841-3747
Email: wendy@shaverlakeconstruction.com
Total Contract
Amt.: $642,074.33
Buyer Name: Heather Stevens
Requisition No: 1402200012 Org: 9140
Supersedes:
X NEW RENEWAL AMENDMENT
X TICK DATE 1/15/23 REFERENCE (RFQ# / RFP#)
DESCRIPTION: Repair work at the Shaver Lake wastewater treatment facility due to damage from the Creek Fire.
SPECIAL INSTRUCTIONS:
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: Public Works
REQUISITIONER: Jennifer Cavalla
Rev 1/3/2017
Agreement for Emergency Repairs to
Shaver Lake Wastewater Treatment Facility
Table of Contents
Agreement
Appendix A to Agreement – Supplemental Emergency Work Provisions
General Provisions
Special Provisions
Proposal
Proposal Attachments:
1. Bid Signature
2. Noncollusion Declaration
3. Public Contract Code Section 10285.1 Statement
4. Public Contract Code 10232 Statement
5. Certification With Regard To The Performance Of Previous
Contracts Or Subcontracts Subject To The Equal Opportunity
Clause And The Filing Of Required Reports
6. Debarment And Suspension Certification
7. Nonlobbying Certification For Federal-Aid Contracts
8. Disclosure of Lobbying Activities
9. Guaranty
Federal Wage Decision
Incorporated Herein by Reference:
1. Plans for Construction prepared by Provost & Pritchard
2. Standard Specifications: 2018 Edition Issued by Caltrans
3. Standard Plans: 2018 Edition Issued by Caltrans
4. Revised 2018 Standard Specifications Dated April 16, 2021
5. Revised 2018 Standard Plans Dated April 16, 2021
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P-21-XXX
A G R E E M E N T
THIS AGREEMENT made at Fresno, in Fresno County, California, by and between Shaver Lake
Construction, Inc., a California Corporation, hereinafter called the Contractor, and the County of
Fresno, hereinafter called the Owner.
WITHNESSETH: That the Contractor and Owner, for the consideration hereinafter named, agree
as follows:
ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements,
and appliances required, but excluding such materials as are mentioned in the specifications to
be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free
from any and all liens and claims of mechanics, materialmen, teamsters, subcontractors, artisans,
machinists and laborers required for:
SHAVER LAKE WASTEWATER TREATMENT FACILITY CREEK FIRE REPAIR
All in strict compliance with the plans, drawings and specifications therefor, and other contract
documents relating thereto.
ARTICLE II. The Contractor and the Owner agree the General Provisions, the 2018 Caltrans
State Standard Specifications, the Special Provisions, the Wage Scale (Prevailing Wages), the
Plans, and the Contractor’s Proposal (including the fully executed documents and forms affixed
thereto as Attachments 1 through 9, inclusive) hereto attached, together with this Agreement
(including the provisions of Appendix A entitled “Supplemental Emergency Work Provisions”),
also hereto attached, collectively form and comprise the contact for construction of the project
identified above, and all of such documents referenced in this Article II are as fully a part of the
contract as if hereto attached or herein repeated.
ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of
the contract the sum of six hundred forty two thousand seventy four dollars and thirty three cents
($642,074.33), it being understood that said price is based upon the estimated quantities of
materials to be used as set forth in the Proposal, except where provisions are made in the contract
documents whereby the estimated quantities shall constitute the final quantity; that upon
completion of the project the final contact prices shall be revised by change order, if necessary,
to reflect the true quantities used at the stated unit price thereof as contained in the Contractor’s
Proposal hereto attached. Payments on account thereof will be made as set forth in the Special
Provisions.
ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general
assignment for the benefit of his creditors, or if a receiver should be appointed on account of his
insolvency, or if he or any of his subcontractors should persistently violate any of the provisions
of the contract, or if he should persistently or repeatedly refuse or should fail, except in cases for
which extension of time is provided, to supply enough properly skilled workmen or proper
materials, or if he should fail to make prompt payment to subcontractors or for material or labor,
or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner
may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve
written notice upon the Contractor and his surety of its intention to terminate the contract, and
unless within five days after the serving of such notice, such violations shall cease and satisfactory
arrangements for correction thereof be made, the contract shall, upon the expiration of said five
days, cease and terminate.
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In the event of any such termination, the Owner shall immediately serve written notice thereof
upon the surety and the Contractor, and the surety shall have the right to take over and perform
the contract, provided, however, that if the surety within ten (10) days after the serving upon it of
notice of termination does not give the Owner written notice of its intention to take over and
perform the contract or does not commence performance thereof within the ten (10) days stated
above from the date of serving of such notice, the Owner may take over the work and prosecute
the same to completion by contract or by any other method it may deem advisable, for the account
and at the expense of the Contractor, and the Contractor and his surety shall be liable to the
Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may
without liability for so doing, take possession of and utilize in completing the work such materials,
appliances, plant and other property belonging to the Contractor as may be on the site of the work
and necessary therefor. In such case the Contractor shall not be entitled to receive any further
payment until the work is finished. If the unpaid balance of the contract price shall exceed the
expenses of finishing the work, including compensation for additional managerial and unpaid
balance, the Contractor shall pay the difference to the Owner. The expense incurred by the
Owner, as herein provided and damage incurred through the Contractor’s default, shall be
certified by the Engineer.
ARTICLE V. With respect to any work required to be done under this contract, the Contractor will
indemnify and hold harmless the COUNTY OF FRESNO, STATE OF CALIFORNIA, UNITED
STATES OF AMERICA, and all other participating public agencies, whether or not said agencies
are named herein, who have jurisdiction within the areas in which the work is to be performed,
and all officers and employees of the Owner, the County, the State, the United States an said
other participating agencies, from any and all costs and expenses, attorney fees and court costs,
damages, liabilities, claims and losses occurring or resulting to COUNTY in connection with the
negligent performance, or failure to perform, by CONTRACTOR, its officers, agents or employees
under this Agreement, and from any and all costs and expenses, attorney fees and court costs,
damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation
who may be injured or damaged by the negligent performance, or failure to perform, of
CONTRACTOR, its officers, agents or employees under this Agreement. In addition,
CONTRACTOR agrees to indemnify COUNTY for Federal, State of California and/or local audit
exceptions resulting from non-compliance herein on the part of the CONTRACTOR.
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY’S request, defend the
COUNTY, its officers, agents, and employees from any and all costs and expenses, damages,
liabilities, claims, and losses occurring or resulting to COUNTY in connection with the negligent
performance, or failure to perform, by CONTRACTOR, its officers, agents or employees under
this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses
occurring or resulting to any person, firm or corporation who may be injured or damaged by the
negligent performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees
under this Agreement.
The Certificates of Insurance required by this Article V shall be issued in duplicate, to the
COUNTY OF FRESNO and, upon request by the Owner, to all other participating agencies,
whether or not said agencies are named herein, who contribute to the cost of the work or have
jurisdiction over areas in which the work is to be performed and all officers and employees of said
agencies while acting within the course and scope of their duties and responsibilities.
In the event CONTRACTIR fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
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All policies shall be with admitted insurers licensed to do business in the State of California.
Insurance purchased shall be purchased from companies possessing a current A.M. Best
Company rating of A FSC VII or better.
Without limiting the COUNTY’S right to obtain indemnification from CONTRACTOR or any third
parties, CONTRACTOR, at its sole expense. Shall maintain in full force and effect, the following
insurance policies throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits not less than those shown in the following
table:
Liability Insurance Requirements
Total bid For each
occurrencea
Aggregate for
products/completed
operation
General
aggregateb
Umbrella or
excess liabilityc
$1,000,000 $2,000,000 $2,000,000 $5,000,000
>$1,000,000
$1,000,000
$2,000,000
$2,000,000 $10,000,000
>$10,000,000
$2,000,000
$2,000,000
$4,000,000 $15,000,000
>$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000
aCombined single limit for bodily injury and property damage.
bThis limit must apply separately to your work under this Contract.
cThe umbrella or excess policy must contain a clause stating that it takes effect (drops down) in the event the primary limits are
impaired or exhausted.
This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages
including completed operations, products liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability, or any other liability insurance deemed necessary because of the
of the nature of this contract.
Such Commercial General Liability insurance shall name the County of Fresno, its officers,
agents, and employees, individually and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned. Such coverage for additional insured shall apply
as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its
officers, agents and emp loyees shall be excess only and not contributing with insurance provided
under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY. CONTRACTOR shall
obtain endorsements to the Commercial General Liability insurance policy naming COUNTY as
an additional insured and providing for a thirty (30) day prior written notice of cancellation or
change in terms or coverage.
Within eight (8) days from date CONTRACTOR executes this Agreement, CONTRACTOR shall
provide certificates of insurance and endorsement as stated above for all of the foregoing policies,
as required herein, to the County of Fresno, Erin Haagensen, Senior Staff Analyst , 2220 Tulare
Street, 6th Floor, Fresno, CA 93721, stating that such insurance coverages have been obtained
and are in full force; that the County of Fresno, its officers, agents and employees will not be
responsible for an premiums on the policies; that such Commercial General Liability insurance
names the County of Fresno, its officers, agents, and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned; that
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such coverage for additional insured shall apply as primary insurance an any other insurance, or
self- insurance shall not be cancelled or changed without a minimum of thirty (30) days advance,
written notice given to COUNTY.
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned. Such
coverage for additional insured shall apply as primary insurance and any other insurance, or self-
insurance, maintained by COUNTY, its officers, agents, and employees shall be excess only and
not contributing with insurance provided under CONTRACTOR'S policies herein. This insurance
shall not be cancelled or changed without a minimum or thirty (30) days advance written notice
given to COUNTY.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000) per accident for bodily injury and property damage. Coverage should include owned
and non-owned vehicles used in connection with this Agreement and all applicable endorsements.
C. Professional Liability
If CONTRACTOR is a licensed professional or employs professional staff, (e.g., Architect,
Engineer, Surveyor, etc.) in providing services, Professional Liability Insurance with limits of not
less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars
($3,000,000.00) annual aggregate with a provision for 3 year tail coverage.
D. Worker’s Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor Code.
ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation
in compliance with the provisions of the Labor Code of the State of California and during the
performance of the work contemplated herein will continue so to comply with said provisions of
said Code. Contractor shall supply the Owner with certificates of insurance, in duplicate,
evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will
receive ten days notice of cancellation. If Contractor self-insures Worker's Compensation,
Certificate of Consent to Self-insure shall be provided to the Owner.
ARTICLE VII. The Contractor shall forthwith furnish in duplicate, a faithful performance bond in
an amount equal to 100% of the contract price and a payment bond in an amount equal to 100%
of the contract price, both bonds to be written by a surety company acceptable to the Owner and
in the form prescribed by law.
The payment bond shall contain provisions such that if the Contractor or his subcontractors shall
fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work
performed under the contract, or (b) any amounts required to be deducted, withheld and paid over
to the Employment Development Department and to the Franchise Tax Board from the wages of
the employees of the Contractor and subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor, then the surety will pay these
amounts. In case suit is brought upon the payment bond, the surety will pay a reasonable
attorney's fee to be fixed by the court.
ARTICLE VIII. This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
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APPENDIX A to Agreement: Supplemental Emergency Work Provisions
PROVISIONS REQUIRED BY FEMA
The Contract may be funded in part by the federal grant funding received by the COUNTY from
the Federal Emergency Management Agency (“FEMA”), which is part of the United States
Department of Homeland Security (“DHS”). Therefore, the Contractor must comply with all
federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited
to, the contractual provisions set forth in Title 2 of the Code of Federal Regulations, Part 200, in
connection with the Contractor’s performance of the work or services covered by the Contract
(the “Project”). All such federal laws and regulations shall be deemed to be inserted in the
Contract and the Contract shall be read and enforced as though such federal laws and
regulations were included therein. In addition, the Contractor agrees to the following specific
provisions:
EWP-1 Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential
job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to
a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the contractor's legal
duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
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(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interests
of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, That if the applicant so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,
that it will furnish the administering agency and the Secretary of Labor such information as they
may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred
from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry out such sanctions and
penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart
D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with
these undertakings, the administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain
from extending any further assistance to the applicant under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance has been received
from such applicant; and refer the case to the Department of Justice for appropriate legal
proceedings.
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EWP-2 Compliance with the Davis-Bacon Act
(1)All transactions regarding this contract shall be done in compliance with
the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the
requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall
comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29
C.F.R. pt. 5 as applicable.
(2) Contractors are required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor.
(3) Additionally, contractors are required to pay wages not less than once a
week.
EWP-3 Termination for Convenience
Under circumstances other than those set forth in Section IV(A) of the Agreement governing
termination of this Contract for cause, this Contract may be terminated by the County, with no
liability to the contractor accruing to the County based solely upon the County’s exercise of such
right, upon the giving of thirty (30) days advance written notice of an intention to terminate to the
contractor. In the event of such termination, the contractor shall cease work on such date as is
specified by the County in that notice, and the contractor shall be entitled to payment for all work
performed through and including that date. The County and the contractor shall meet and
confer in an effort to resolve any and all remaining issues relating to completion of the work,
payment to the contractor of any incurred and unpaid costs to which the contractor may claim to
be entitled under the Contract, and any other issues pertaining to final resolution of the
contractual relationship. In the event of any remaining disputes after the parties have met and
conferred, they shall be resolved in accordance with Section GP-9 of the Special Provisions.
EWP-4 Copeland Anti-Kickback Act
(1) The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of
29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Each
contractor or subrecipient is prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which
he or she is otherwise entitled.
(2) The contractor or subcontractor shall insert in any subcontracts the above clause in any lower
tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) A breach of the contract clauses above may be grounds for termination of the contract, and
for debarment as a contractor or subcontractor as provided in 29 CFR 5.12.
EWP-5 Contract Work Hours and Safety Standards Act
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
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(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)
of this section, in the sum of $27 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The County of Fresno shall, upon its
own action or upon written request of an authorized representative of the Department of Labor,
withhold or cause to be withheld from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same
prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this
section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (b)(1) through (4) of this section.
EWP- 6 Clean Air Act and the Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., and the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the County and understands and agrees
that the County will, in turn, report each violation as required to assure notification to the Federal
Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
EWP-7 Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such, the contractor is required to verify that none of the contractor’s principals (defined at 2
C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart
C, and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
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(3) This certification is a material representation of fact relied upon by the County. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the County, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
EWP-8 Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, officer or employee of Congress,
or an employee of a Member of Congress in connection with obtaining any Federal contract,
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the awarding agency.
EWP-9 Domestic Preferences for Procurement (2 C.F.R. § 200.322)
In accordance with 2 C.F.R. § 200.322, the contractor, to the greatest extent consistent
with law and to the greatest extent practicable, shall in its purchase of goods, products or
materials for the project that is the subject of this Contract, give a preference to such
goods, products and materials that are produced in the United States (including but not
limited to iron, aluminum, steel, cement and other manufactured products). The
requirements of 2 C.F.R. § 200.322 are mandated for inclusion in all subawards including
all contracts and purchase orders for work or products relating to said project, and that
regulation also provides specific definitions for “Produced in the United States” and
“manufactured products” that the contractor should review in giving effect to such
preference.
EWP- 10 Procurement of Recovered Materials
(1) In the performance of this contract, the contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired:
i. Competitively within a timeframe providing for compliance with the contract
performance schedule;
ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(2) Information about this requirement, along with the list of EPA- designated items, is available
at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program .
(3) The contractor also agrees to comply with all other applicable requirements of Section 6002
of the Solid Waste Disposal Act.
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EWP-11 Access to Records
(1) The contractor agrees to provide the County of Fresno, the California Office of Emergency
Services, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts, and transcriptions.
(2) The contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract.
(4) In compliance with the Disaster Recovery Act of 2018, the County of Fresno and the
Contractor acknowledge and agree that no language in this contract is intended to prohibit
audits or internal reviews by the FEMA Administrator or the Comptroller General of the United
States.
EWP-12 Department of Homeland Security (DHS) Seal, Logo, and Flags
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
EWP-13 Compliance with Federal Law, Regulations, and Executive Orders
This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion
of the contract. The contractor will comply with all applicable Federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
EWP-14 No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter
resulting from the contract.
EWP-15 Program Fraud and False or Fraudulent Statements or Related Acts
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the contractor’s actions pertaining to this contract.
EWP-16 Prohibition on Contracting for Covered Telecommunications or Services
Under 2 C.F.R. § 200.216, state and non-state entities (including the County) are prohibited
from obligating or expending loan or grant funds to procure or obtain, extend or renew a
contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure
or obtain, equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as a critical technology as
part of any system as identified in Section 889 of the John S. McCain National Defense
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Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2
C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200.
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GENERAL PROVISIONS
GP-1: Emergency Work/Signature Authorization
The Fresno County Purchasing Manager has been authorized, in accordance with
Government Code Section 25502.7, by action of the Fresno County Board of Supervisors
(Board) on October 20, 2020, to execute on behalf of the Owner, service contracts with
independent contractors as necessary for the Creek Fire response and recovery efforts, up to a
maximum cumulative amount of $15,000,000, pursuant to the Board’s proclamation on
September 10, 2020 of a local emergency resulting from the Creek Fire, which has been
continued and remains in effect as of the date of this Agreement.
GP-2: Definitions
A. “Department,” as used in the Contract Documents, means the County of Fresno
Department of Public Works and Planning.
B. “Director,” as used in the Contract Documents, means the Director of the Department of
Public Works and Planning, or his designee.
C. “Engineer,” as used in the Contract Documents, means the Department representative
designated by the Director to coordinate with the Contractor as necessary or appropriate on all
project matters related to the project.
GP-3: Changes to the Work
A. The Owner, without invalidating the Contract, may order changes in the Work within the
general scope of the Contract consisting of additions, deletion or other revisions. All such
changes in the Work shall be authorized by a Contract Change Order, and shall be performed
under the applicable conditions of the Contract Documents.
B. CONTRACT CHANGE ORDER: A Change Order is a written order to the Contractor,
issued after execution of the Contract, dually signed on behalf of the Owner by both the
Purchasing Manager and the Director of the Department of Public Works and Planning or his
designee, to establish and verify the authorization of the Owner. Changes to the contract may be
made only by Change Order, pursuant to authorization provided in Public Contract Code Section
20136(b), and any and all such change orders shall be effective only if executed on behalf of the
Owner by both the Purchasing Manager and the Director of the Department of Public Works and
Planning or his designee. A Change Order may be issued to add or delete Work from the Contract,
and only an appropriately executed Change Order will effectuate change in either the Contract
Sum and/or the contract time. A Change Order signed by the Contractor indicates the Contractor’s
agreement therewith, including any adjustment in the Contract Sum or the contract time, and the
full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized
by the Change Order.
C. The Contractor shall maintain separate records for any and all Change Order work.
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GP-4: Payment of Invoices / Withholding of Retentions
A. Invoices shall be submitted by Contractor no more often than monthly, and shall identify
with sufficient specificity the work performed for which payment is requested. Payment on
invoices received from Contractor shall be made by the Owner within forty-five (45) days after
receipt. Change Order work shall be specifically identified as such in any invoice.
B. The Department shall retain five percent (5%) of the estimated value of the work done
and five percent (5%) of the value of materials so estimated to have been furnished and
delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of
the contract by the Contractor. The Department will not withhold retention for mobilization or
demobilization.
C. The Department shall pay to the Contractor, while carrying on the work, the balance not
retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept
or retained under the provisions of the contract.
D. No monthly estimate or payment shall be required to be made when, in the judgment of
the Engineer, the work is not proceeding in accordance with the provisions of the contract. No
monthly estimate or payment shall be construed to be an acceptance of any defective work or
improper materials.
GP-5: Payment and Performance Bonds
A. The Contractor shall furnish a Performance Bond in the amount of one hundred percent
(100%) of the Contract Sum, and a Payment Bond in the amount of one hundred percent
(100%) of the Contract Sum.
B. Each required bond shall be issued by an admitted surety insurer authorized by the
California Insurance Commissioner to transact surety insurance in the state. The same admitted
surety insurer must issue the Performance Bond and Payment Bond. The bonds required herein
will neither be accepted nor approved by the Owner unless the bonds are underwritten by an
admitted surety and the requirements of California Code of Civil Procedure section 995.630 are
met. The bonds must include a physical mailing address, phone number, FAX number, and
contract person for the admitted surety insurer. The Owner further reserves the right to satisfy
itself as to the acceptability of the surety and the form of bond. Upon request of the Owner, the
bidder must submit the following documents:
1. The original, or a certified copy, of the unrevoked appointment, power of attorney,
bylaws, or other instrument authorizing the person who executed the bond to do so.
2. A certified copy of the certificate of authority of the insurer issued by the California
Insurance Commissioner.
3. A certificate from the county clerk that the certificate of authority has not been
surrendered, revoked, canceled, annulled, or suspended, or in the event that it has, that renewed
authority has been granted.
4. A financial statement of the assets and liabilities of the insurer to the end of the
quarter calendar year prior to thirty (30) days next preceding the date of the execution of the bond,
in the form of an officers' certificate as defined in Corporations Code section 173.
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GP-6: Compliance with Laws
The Contractor, in its performance of the work that is the subject of this Agreement, shall
comply with all applicable Federal, State and Local laws, ordinances, regulations and Fresno
County Charter provisions.
GP-7: Rights and Remedies
A. The duties and obligations imposed by the Contract Documents and the rights and
remedies available hereunder shall be in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
B. No action or failure to act by or on behalf of the Owner regarding any deficiency, breach
or default in performance by the Contractor under the Contract Documents, shall be deemed or
construed to constitute acquiescence of the Owner in connection therewith or with regard to any
subsequent deficiency, breach or default in performance by the Contractor; nor shall any such
prior act of failure to act by or on behalf of Owner be deemed or construed as a waiver of any
rights in favor of Owner regarding any such deficiency, breach or default in performance by the
Contractor, regardless of the similarity to the prior incident or circumstance when no action was
taken regarding any alleged deficiency, breach or default in performance by the Contractor.
GP-8: Wage Rates and Related Labor Compliance Requirements
A. This Project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations (DIR), including the obligation to submit certified payroll records directly to the
DIR Compliance Monitoring Unit (CMU) at least monthly using the CMU’s eCPR system. Detailed
information may be obtained on the State of California’s Department of Industrial Relations
website, www.dir.ca.gov/dlse/cmu/CMU. The Contractor shall also submit certified payroll records
of the Contractor, Subcontractors and all Sub-subcontractors of any tier to the California Labor
Commissioner at least monthly in accordance with Labor Code Section 1771.4(a)(3).
B. The Contractor shall, and shall cause each of its Subcontractors (as defined in Labor Code
section 1722.1), if any, to provide to the Owner, prior to Contractor’s execution of the Agreement,
written proof that they are currently registered with the California Department of Industrial
Relations, and have paid the applicable annual fee and are thereby qualified to perform public
work pursuant to Labor Code section 1725.5. Neither this Contract nor any subcontract hereunder
shall be entered into without such proof.
C. Pursuant to Section 1770-1780 of the Labor Code of the State of California, the Director
of the Department of Industrial Relations has determined the general prevailing rates of wages
and rates for legal holidays and overtime in the locality in which this work is to be performed,
which under Labor Code Section 1773.1 are deemed to include employer payments for health
and welfare, pension, vacation, travel time and subsistence pay, and apprenticeship or other
authorized training programs, for each craft or type of worker or mechanic needed to perform this
contract. Information pertaining to applicable Prevailing Wage Rates may be found on the website
for the State of California – Department of Industrial Relations.
D. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any
Subcontractor under him/her to pay not less than the said specified rates to all laborers, workers,
and mechanics employed by them in the execution of the Contract, and to pay all laborers,
workers and mechanics not less often than once weekly. The Contractor to whom the Contract
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is awarded shall post a copy of the determination of prevailing wages at the job site. The
Contractor shall require all Subcontractors to comply with Sections 1770-1780 of the Labor Code
of the State of California and shall insert into every subcontract the requirements contained
therein.
E. The Contractor shall comply with Labor Code Section 1775. In accordance with said
Section 1775, it is hereby further agreed that the Contractor shall forfeit to the Owner, as a penalty,
fifty dollars ($50.00) for each laborer, worker, or mechanic employed for each calendar day or
portion thereof, who is paid less than the said stipulated rates for any work done under the
Contract, by him/her or by any Subcontractor under him/her. The difference between said
stipulated rates and the amount paid to each worker for each calendar day or portion thereof for
which each worker was paid less than said stipulated rate shall be paid to each worker by the
Contractor. The Contractor, and each Subcontractor, shall keep or cause to be kept an accurate
record showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by him/her or her in connection with
the public work. The records shall be open at all reasonable hours to the inspection of the Owner,
to its officers and agents, and to the Division of Labor Law Enforcement of the State Department
of Industrial Relations, its deputies and agents, or as otherwise provided by applicable law
(including but not limited to Labor Code 1776).
GP-9: Resolution of Contract Claims and Disputes
A. A Claim is a demand or assertion sent by registered mail or certified mail with return receipt
requested by one (1) of the parties seeking, as a matter of right, adjustment or interpretation of
Contract terms, payment of money, extension of time, or a request for equitable adjustment or
Contract Change Order which cannot be resolved pursuant to the provisions of Section GP-3 –
“Changes to the Work”. Any Claim shall be reduced to writing and filed with the Director’s
designated Engineer, within ten (10) calendar days after the Contractor has notice of the condition
giving rise to the Claim, and final action per the procedures of Section GP-3 – “Changes to the
Work” have taken place or been declared as such in writing, by either party. Such ten (10)-day
notice of an asserted claim is in addition to the requirement for prompt notice required per Section
GP-3 – “Changes to the Work”.
B. The Contractor shall not claim or recover any overhead cost administrative or otherwise,
particularly “Home Office” expenses, “Extended site overhead”, or any other overhead cost on
the basis of any “Home Office” damages formula, “Eichleay” formula, “Total Cost” recovery
formula or any other such formula.
C. REQUIREMENTS FOR FILING A CLAIM. Claims shall be submitted to the. Director’s
designated Engineer. Claims must be filed within the time specified above, but in no event shall
any claim be considered by the Director’s designated Engineer that is filed later than the date of
final payment of the Project. The claim shall be in writing and shall be a sum certain if known. If
unknown, Contractor shall specify the basis for establishing the sum certain. Claim shall include
a statement of the reasons for the asserted entitlement, and include the documents necessary to
substantiate the claim. The Contractor shall certify, at the time of submission of a claim, as follows:
"I, _________________, being the ______________________________ (MUST
BE AN OFFICER) of ______________________________ (GENERAL
CONTRACTOR), declare under penalty of perjury under the laws of the State of
California, and do personally certify and attest that: I have thoroughly reviewed the
attached claim for additional compensation and/or extension of time, and know its
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contents, and said claim is made in good faith; he supporting data is truthful and
accurate; the amount requested accurately reflects the contract adjustment for
which the Contractor believes the Owner is liable; and, further, that I am familiar
with California Penal Code Section 72 and California Government Code Section
12560, et seq, pertaining to false claims, and further know and understand that
submission or certification of a false claim may lead to fines, imprisonment and/or
other severe legal consequences.
By: ____________________ _________________”
(Contractor's signature) (Date)
D. Statutory Procedures Regarding Resolution of Claims. Nothing in this Article is intended
to extend the time limit or supersede notice requirements otherwise provided by this contract or
by applicable law for the filing of claims. Any formal claim shall be processed in accordance with
the provisions of Public Contract Code Section 9204 and Section 20104 et. seq., each of which
establishes a process for resolution of claims
E. Priority of Applicable Provisions for Resolution of Claims. In the event of any perceived
conflict between the summary of the procedure set forth in this Article and the actual provisions
of Public Contract Code Section 9204 and Section 20104, et seq., the statutory provisions shall
control; and in the event of any perceived conflict between the provisions of Section 9204 and
Section 20104, et seq., the provisions of Section 9204 shall control
F. Payment of Undisputed Portion of Claim. Owner shall pay claimant such portion of a claim
that is undisputed except as otherwise provided in the Contract.
G. Continue Work During Dispute. In the event of any disputed claim or other dispute
between the Owner and the Contractor, the Contractor will not stop work but will prosecute the
work diligently to completion in his/her manner directed by the Owner, and the dispute shall be
resolved by a court of law after completion of the Work. However, Contractor must submit all
disputes in accordance with the provisions of this Section 2.35.
H. Suit in Fresno County Only. Any litigation arising out of this Contract shall be brought in
Fresno County and Contractor hereby waives the removal provisions of California Code of Civil
Procedure Section 394.
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