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Home My WebLink AboutAgreement A-17-176 with Durham Construction Company Inc..pdf Agreement No. 17-176 1 AGREEMENT 2 This AGREEMENT ("Agreement") is made and entered into this 2nd day of May 3 2017, by and between the COUNTY OF FRESNO, a political subdivision of the State of California, 4 hereinafter"COUNTY", and Durham Construction Company, Inc., hereinafter"CONTRACTOR". 5 WHEREAS, the COUNTY has a need for Job Order Contracting services; and 6 WHEREAS, the CONTRACTOR is qualified and willing to perform said services- 7 NOW, THEREFORE, the parties agree as follows: 8 WITNESSETH: 9 This Agreement shall establish a competitively bid, fixed price, indefinite quantity, Job Order 10 Contract. The scope of work to be performed pursuant to this Agreement includes a comprehensive 11 listing of detailed repair and construction tasks and specifications that have pre-established units of 12 measure and unit prices listed in the Construction Task Catalog developed for the COUNTY by the 13 Gordian Group. The work under this Agreement shall be carried out pursuant to individual Job (or 14 Task) Orders and shall involve the repair, alteration, modernization, maintenance, rehabilitation, 15 reconstruction, or construction of public buildings, streets, utilities, and other public works. 16 The obligations of all parties under this Agreement shall be as set forth in this Agreement and 17 detailed in accordance with COUNTY's Request for Quotation No. 17-059 and all addendums thereto 18 (collectively, the "RFQ") and CONTRACTOR's Response to the RFQ ("Response") both of which are 19 attached hereto as Exhibits "A" and "B" respectively, and made a part of this Agreement. All 20 capitalized terms used in this Agreement shall have the meanings attached to them as set forth in 21 COUNTY's RFQ. 22 1. OBLIGATIONS OF CONTRACTOR 23 A. CONTRACTOR agrees to furnish all labor and materials, including tools, 24 implements, and appliances required, and to perform all the work in a good and workmanlike 25 manner, free from any and all liens and claims of mechanics, material-men, subcontractors, 26 artisans, machinists, teamsters, day-men and laborers required for completing specific Job Orders 27 as directed by COUNTY. 28 3 1 B. In accordance with the provisions of Section 1770 of the Labor Code, the Director 2 of the Department of Industrial Relations of the State of California has determined the general 3 prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel 4 time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training 5 programs authorized by Section 3093, and similar purposes applicable to the work to be done. 6 Said wages are on file with the Clerk of the Board of Supervisors, Room 301, Hall of Records, 7 Fresno, California, and are incorporated herein by reference. 8 It shall be mandatory upon the CONTRACTOR herein and upon any subcontractor to pay 9 not less than the said specified rates to all laborers, workmen and mechanics employed by them in 10 the execution of each Job Order under this Agreement. 11 CONTRACTOR shall comply with Labor Code Section 1775. In accordance with said 12 Section 1775, the CONTRACTOR shall forfeit as a penalty to the COUNTY $200.00 for each 13 calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for 14 such work or craft in which such workman is employed for any work done under this Agreement by 15 CONTRACTOR or by any subcontractor under CONTRACTOR in violation of the provisions of the 16 Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said 17 penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage 18 rates and the amount paid to each workman for each calendar day or portion thereof for which each 19 workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by 20 the CONTRACTOR. 21 The CONTRACTOR and each subcontractor shall keep or cause to be kept an accurate 22 record showing the names and occupations of all laborers, workmen and mechanics employed by 23 him in connection with the execution of this Agreement or any subcontract thereunder, and showing 24 also the actual per them wage paid to each of such workers, which records shall be open at all 25 reasonable hours to inspection by the COUNTY, its officers and agents and to the representatives 26 of the Division of Labor Law Enforcement of the State Department of Industrial Relations. 27 CONTRACTOR and any subcontractor under CONTRACTOR shall also comply with the 28 provisions of Section 1777.5 and Section 1777.6 of the Labor Code concerning the employment of 2 1 2 C. It is further understood and agreed that, in accordance with the provisions of 3 Sections 181OtO1815Of the Labor Code Of the State Df California, eight 0B hours labor shall 4 constitute a day's work, but because this is a contract for public work, work performed by 5 employees of the CONTRACTOR and each Sub-Contractor iDexcess of eight (8) hours per day, 6 and forty (40) hours in any one week, shall be permitted upon compensation for all hours worked in 7 excess 0f eight /8\ hours per day at not less than one and one-half/1 1/2\times the basic rate Of 8 pay. 9 The CONTRACTOR and each subcontractor shall keep an accurate record showing the 10 names and actual hours worked of all workers employed by him in connection with the work 11 contemplated by this Agreement, which record shall be open at all reasonable hours to the 12 inspection Of the COUNTY Or its officers o[agents and tO the Chief Of the Division pfLabor 13 Statistics and Law Enforcement of the Department of Industrial Re|ationa, his deputies or agents. It 14 is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the COUNTY the sum 15 Of twenty-five dollars ($25) for each laborer, workman employed by CONTRACTOR o[any 16 subcontractor under CONTRACTOR, for each calendar day during which such laborer o[workman 17 is required or permitted to labor more than eight /8\ hours in violation of this stipulation. 18 The Board of Supervisors hereby specifies that portions Of the work can only be performed 19 outside the regular working hours aS defined iO the applicable collective bargaining agreement filed 20 with the Director of Industrial Relations in accordance with Labor Code Section 1773. and that the 21 overtime requirements for Saturdays, and holidays are hereby waived for these portions {fthe 22 work, aS more particularly described in the specifications. However, this exemption shall not negate 23 the overtime provisions specified in Labor Code Section 1815. 24 D. All agreements between the CONTRACTOR, 8ub'CVnLnBCtone. and Sub-Contractors 25 of lower tier shall be subject toC[)UNTY'aapproval. |DDo case does such approval relieve the 26 CONTRACTOR Ofany conditions imposed by this Agreement o[any other Contract Documents. 27 Sub-Contractors may be added, deleted or substituted only iO accordance with the provisions of 28 Public Contract Code Section 41OOet seq. 1 CONTRACTOR shall bind every Sub-Contractor by the terms of the Contract Documents to 2 carry out their provisions insofar as applicable to their work; and the CONTRACTOR further agrees 3 to pay to each Sub-Contractor promptly upon issuance of Certificate of Payment, his/her or their 4 due portion. 5 Neither the acceptance of the name of Sub-Contractor nor the suggestion of such name nor 6 any other act of the COUNTY nor anything contained in any Contract Document shall be construed 7 as creating any contractual relation between the COUNTY and any Sub-Contractor of any tier. 8 The COUNTY reserves the right to reject any proposed Sub-Contractor, installer, or 9 supplier who cannot show satisfactory evidence of meeting the qualifications required by the 10 Contract Documents. In the event of such rejection, the CONTRACTOR shall, within the time frame 11 listed for submittal of revised Proposals, submit the name and qualifications of a replacement Sub- 12 Contractor, installer or supplier satisfactory to the COUNTY. Such replacement submittal shall be 13 in accordance with all Contract Documents. No adjustment of Proposal price shall be made in the 14 event of such replacement. 15 When an individual Job Order utilizes Federal Funds and the COUNTY elects to require 16 Disadvantaged Business Enterprise (DBE) participation, the CONTRACTOR shall follow the 17 Federal Good Faith Effort requirements for inclusion of DBE Sub-Contractors and suppliers. 18 11. OBLIGATIONS OF THE COUNTY 19 A. The COUNTY will identify projects and their intended results and will work with 20 CONTRACTOR to develop scope and specifications. 21 B. The COUNTY will issue a Notice to Proceed for each Job Order and issue any 22 required change orders. 23 C. The COUNTY will provide inspection and acceptance of the work. 24 III. TERM 25 The term of this Agreement shall be for one year from May 24, 2017 through May 23, 2018, or 26 when issued Job Orders totaling the Maximum Contract Value have been completed, whichever 27 occurs first. All Job Orders must be issued, but not necessarily completed within one calendar year of 28 the commencement date of this Agreement. 4 1 IV. TERMINATION 2 A. Non-Allocation of Funds-the terms of this Agreement, and the services to be 3 provided thereunder, are contingent on the approval of funds by the appropriating 4 government agency. Should sufficient funds not be allocated, the services provided 5 may be modified, or this Agreement terminated, at any time by giving the 6 CONTRACTOR thirty (30) days advance written notice. 7 B. Breach of Contract-the COUNTY may immediately suspend or terminate this 8 Agreement in whole or in part, where in the determination of the COUNTY there is: 9 1. An illegal or improper use of funds; 10 2. A failure to comply with any term of this Agreement; 11 3. A substantially incorrect or incomplete report submitted to the COUNTY; 12 4. Improperly performed service. 13 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any 14 breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. 15 Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to 16 the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the 17 repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which 18 in the judgment of the COUNTY were not expended in accordance with the terms of this Agreement. 19 The CONTRACTOR shall promptly refund any such funds upon demand. 20 C. Without Cause- Under circumstances other than those set forth above, this 21 Agreement may be terminated by COUNTY upon the giving of thirty (30)days advance 22 written notice of an intention to terminate to CONTRACTOR. 23 V. COMPENSATIQN/INVOICING: 24 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation 25 for each Job Order in accordance with the CONTRACTOR's Adjustment Factors stated on the Bid 26 Schedule set forth in CONTRACTOR'S Response, which are as follows: 27 28 5 1 Normal Working Hours Adjustment Factor 0.8290 2 3 Other than Normal Working Hours Adjustment Factor 0.8300 4 Federally Funded 0.8290 Normal Working Hours Adjustment Factor 5 Federally Funded 0.8300 6 Other than Normal Working Hours Adjustment Factor 7 Award Criteria Figure 0.8293 8 The Minimum Contract Value is $25,000 (twenty-five thousand dollars). The CONTRACTOR will 9 receive Job Orders totaling a minimum of$25,000 during the term of this Agreement. The Maximum 10 Contract Value is $2,000,000 (two million dollars). The Maximum Contract Value may be increased by 11 up to the sum authorized by Public Contract Code Section 20128.5 (currently approximately 12 $4,500,000). Any increase in the Maximum Contract Value will be by mutual agreement. 13 At no time may the sum of the outstanding Job Orders exceed the amount of the Payment 14 Bond and Performance Bond. A Job Order is outstanding until the COUNTY has accepted the work 15 described in the Job Order by execution of a Notice of Completion. CONTRACTOR will not be issued 16 Job Orders which in total exceed the Maximum Contract Value. The COUNTY does not guarantee the 17 CONTRACTOR will receive Job Orders totaling the Maximum Contract Value. 18 CONTRACTOR shall submit monthly invoices per Job Order in triplicate to the County of 19 Fresno Internal Services Department, Facility Services Division, 4590 E. Kings Canyon, Fresno, CA 20 93702. COUNTY will pay CONTRACTOR within forty-five (45) days of receipt of an approved invoice. 21 In no event shall all services performed under this Agreement be in excess of the Maximum 22 Contract Value during the term of this Agreement. It is understood that all expenses incidental to 23 CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. 24 VI. LIQUIDATED DAMAGES: 25 It is understood and agreed by both parties to this Agreement that in case all the work specified 26 or indicated in the Contract Documents is not completed within the specified time frames set forth in 27 the Job Order, or within such time limits as extended, damages will be sustained by the COUNTY in 28 the event of and by reason of such delay. It is, and will be, impractical and extremely difficult to 6 1 determine the actual damage which the COUNTY will sustain by reason of the delay. It is therefore 2 agreed that the CONTRACTOR will pay, at a minimum, to the COUNTY, the sum of money stipulated 3 per day in the Job Order for each day's delay in completing the work beyond the time prescribed. 4 Application of Liquidated Damages and the value of liquidated damages will be determined by 5 the County on a Job Order by Job Order basis. Each Job Order will state whether Liquidated Damages 6 will be applied. 7 COUNTY may withhold Liquidated Damages from payments to the CONTRACTOR as such 8 damages accrue, or, at COUNTY's discretion, withhold Liquidated Damages from any payments due 9 or that become due pursuant to the Contract, including Retention and final payment (pursuant to 10 California Government Code §53069.85). A credit Job Order shall be executed to assess liquidated 11 damages. 12 VI I. INDEPENDENT CONTRACTOR: 13 In performance of the work, duties and obligations assumed by CONTRACTOR under this 14 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the 15 CONTRACTOR'S officers, agents, employees and subcontractors will at all times be acting and 16 performing as an independent contractor, and shall act in an independent capacity and not as an 17 officer, agent, servant, employee,joint venturer, partner, or associate of the COUNTY. Furthermore, 18 COUNTY shall have no right to control or supervise or direct the manner or method by which 19 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to 20 administer this Agreement so as to verify that CONTRACTOR is performing its obligations in 21 accordance with the terms and conditions thereof. 22 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules 23 and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. 24 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no 25 right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be 26 solely liable and responsible for providing to, or on behalf of, its employees all legally-required 27 employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY 28 harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance 7 1 with Social Security withholding and all other regulations governing such matters. It is acknowledged 2 that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated 3 to the COUNTY or to this Agreement. 4 VIII. MODIFICATION: 5 Any matters of this Agreement may be modified from time to time by the written consent of all 6 the parties without, in any way, affecting the remainder. 7 IX. DISCREPANCIES: 8 Should the CONTRACTOR, at any time, discover a mistake in any of the Contract 9 Documents or any discrepancy therein or lack of appropriate information, the CONTRACTOR shall 10 not proceed with the work affected thereby until such correction has been made. 11 In resolving conflicts resulting from errors or discrepancies in any of the Contract 12 Documents, the order of precedence shall be as follows: 13 1) Permits from other agencies as may be required by law. 14 2) Permits issued by the COUNTY. 15 3) Changes to Job Orders 16 4) Job Orders 17 5) Agreement 18 6) CONTRACTOR's Bid 19 7) Addenda 20 8) General Conditions 21 9) Technical Specifications 22 10) Construction Task Catalog 23 11) Reference Specifications 24 12) Instruction to Bidders 25 13) Notice Inviting Bids 26 X. NON-ASSIGNMENT: 27 Neither COUNTY nor CONTRACTOR shall assign, transfer or sub-contract this Agreement nor 28 their rights or duties under this Agreement without the prior written consent of the other party. 8 1 XI. HOLD HARMLESS: 2 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend 3 the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, 4 liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or 5 failure to perform, by CONTRACTOR, its officers, agents, employees or subcontractors under this 6 Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses 7 occurring or resulting to any person, firm, or corporation who may be injured or damaged by the 8 performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under this 9 Agreement. 10 XI I. INSURANCE 11 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third 12 parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following 13 insurance policies or a program of self-insurance, throughout the term of this Agreement: 14 A. Commercial General Liability 15 Commercial General Liability Insurance with limits of not less than One Million Dollars 16 ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000).This policy 17 shall be issued on a per occurrence basis. COUNTY may require specific coverages including 18 completed operations, products liability, and contractual liability, Explosion-Collapse-Underground, fire 19 legal liability or any other liability insurance deemed necessary because of the nature of this contract. 20 B. Automobile Liability 21 Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two 22 Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars 23 ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars 24 ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars 25 ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this 26 Agreement. 27 C. Professional Liability 28 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) 9 1 in providing services, Professional Liability Insurance with limits of not less than One Million Dollars 2 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. 3 D. Worker's Compensation 4 A policy of Worker's Compensation insurance as may be required by the California Labor Code. 5 E. Property Installation Floater 6 CONTRACTOR shall procure and maintain at CONTRACTOR's sole cost and expense, 7 Property Installation Floater which provides for the improvement, remodel, modification, alteration, 8 conversion, or adjustment to existing buildings, structures, processes, machinery and equipment. The 9 Property Installation Floater shall provide property damage coverage for any building, structure, 10 machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the 11 work, including during transit, installation, and testing at the COUNTY's site. The policy must name the 12 COUNTY as an additional loss payee and include applicable endorsements. 13 F. Bonds 14 Payment Bond and faithful Performance Bond, each in the amount of 100 percent of the 15 Maximum Contact Amount, shall be furnished and shall meet the requirements of all applicable 16 statutes, including but not limited to those specified in Public Contract Code section 20129 and Civil 17 Code section 3248; said bonds shall be submitted in triplicate. 18 CONTRACTOR shall ensure that any subcontractors or other agents used in fulfilling the terms 19 and obligations of this Agreement shall have the same level of insurance and indemnification required 20 of CONTRACTOR. 21 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance 22 naming the County of Fresno, its officers, agents, and employees, individually and collectively, as 23 additional insured, but only insofar as the operations under this Agreement are concerned. Such 24 coverage for additional insured shall apply as primary insurance and any other insurance, or 25 self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and 26 not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall 27 not be cancelled or changed without a minimum of thirty (30) days advance written notice given to 28 COUNTY. 10 1 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement, 2 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the 3 foregoing policies, as required herein, to the County of Fresno, Internal Services Department, Facilities 4 Services Manager, 4590 E. Kings Canyon, Fresno, CA 93702, stating that such insurance coverages 5 have been obtained and are in full force; that the County of Fresno, its officers, agents and employees 6 will not be responsible for any premiums on the policies; that such Commercial General Liability 7 insurance names the County of Fresno, its officers, agents and employees, individually and 8 collectively, as additional insured, but only insofar as the operations under this Agreement are 9 concerned; that such coverage for additional insured shall apply as primary insurance and any other 10 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be 11 excess only and not contributing with insurance provided under CONTRACTOR' policies herein; and 12 that this insurance shall not be cancelled or changed without a minimum of thirty(30) days advance, 13 written notice given to COUNTY. 14 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein 15 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this 16 Agreement upon the occurrence of such event. 17 All policies shall be with admitted insurers licensed to do business in the State of California. 18 Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating 19 of A FSC V11 or better. 20 XIII. AUDITS AND INSPECTIONS: 21 The CONTRACTOR shall at any time during business hours, and as often as the COUNTY 22 may deem necessary, make available to the COUNTY for examination all of its records and data with 23 respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the 24 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure 25 CONTRACTOR'S compliance with the terms of this Agreement. 26 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject 27 to the examination and audit of the Auditor General for a period of three (3) years after final payment 28 under contract(Government Code Section 8546.7). 11 1 2 XIV. NOTICES: 3 The persons and their addresses having authority to give and receive notices under this 4 Agreement include the following: 5 COUNTY CONTRACTOR 6 COUNTY OF FRESNO Durham Construction Company, Inc. 7 Facility Services Manager Attn: Chris Durham 8 4590 E. Kings Canyon 1025 Holland Avenue 9 Fresno, CA 93702 Clovis, CA 93612 10 Any and all notices between the COUNTY and the CONTRACTOR provided for or permitted 11 under this Agreement or by law shall be in writing and shall be deemed duly served when personally 12 delivered to one of the parties, or in lieu of such personal services, when deposited in the United 13 States Mail, postage prepaid, addressed to such party. 14 XV. GOVERNING LAW: 15 Venue for any action arising out of or related to, this Agreement shall only be in Fresno County, 16 California. 17 The rights and obligations of the parties and all interpretation and performance of this 18 Agreement shall be governed in all respects by the laws of the State of California. 19 XVI. DISCLOSURE OF SELF-DEALING TRANSACTIONS: 20 This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit 21 or non-profit corporation) or if during the term of this Agreement, the CONTRACTOR changes its 22 status to operate as a corporation. 23 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing 24 transactions that they are a party to while CONTRACTOR is providing goods or performing services 25 under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR 26 is a party and in which one or more of its directors has a material financial interest. Members of the 27 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing 28 and signing a Self-Dealing Transaction Disclosure Form (Exhibit 1) and submitting it to the COUNTY 12 1 prior to commencing with the self-dealing transaction or immediately thereafter. 2 XVI I. ENTIRE CONTRACT: 3 This Agreement constitutes the entire contract between the CONTRACTOR and COUNTY with 4 respect to the subject matter hereof and supersedes all previous contract negotiations, proposals, 5 commitments, writings, advertisements, publications, and understandings of any nature whatsoever 6 unless expressly included in this Agreement. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as 2 of the day and year first hereinabove written. 3 CONTRALTO COUNTY,,OF�RESNO 4 11,10kil 'Chris Durham, Preside-1- Brian Pacheco 5 Chairman, Board of Supervisors 6 Date: y' f U - l Date: r Y1 Q� a.D 1 2 7 Chris Durha Bernice E. Seidel 8 Clerk, Board of Supervisors 9 Date. By: L1�S CL�� L>IP 10 DEPUTY 11 12 REVIEWED & RECOMMENDED FOR APPROVAL 13 14 15 Robert W. Bash, Director of Internal Services/ 16 FOR ACCOUNTING USE ONLY: Chief Information Officer 17 ISD-Facility Services APPROVED AS TO LEGAL FORM FUND 1045 Daniel C. Cederborg Count ounsel 18 SUBCLASS: 10000 19 ORG NO.: 8935 By: 1/ ACCOUNT NO.: 7295 DEPUTY 20 APPROVED AS TO ACCOUNTING FORM 21 Oscar J. Garcia, CPA Auditor-Controller/Treasurer-Tax Collector 22 By: 23 24 25 26 27 28 14 1 EXHIBIT I 2 SELF 4)EAUNG TRANSACTION DISCLOSURE FORM 3 In order to conduct business with [he County of Fresno (hereinafter referred to as 4 1"County"), members of a contractor's board of directors (hereinafter referred to as "County 5 Contractor"), must disclose any self-dealing transactions that they are a party to while 6 providing goods, performing services, or both for the County. A self-dealing transaction is 7 defined below: 8 "A see dealing transaction means a transaction to which the corporation is a party and in i k 9 which one or more of its directors has a material financial interest'-' 10 The definition above will be utilized for purposes of completing this disclosure form, INSTRUCTIONS 12 (1) Enter board member's name, job title (if applicable), and date this disclosure is 13 being made. 14 (2) Enter the board member's company/agency name and address, 15 (3) Describe in detail the nature of the self-dealing transaction that is being disclosed 16 1 to the County, At a minirnurn, include a description of the following-, 17 a. The name of the agency/company with which the corporation has the 18 l transaction-, and 19 b. The nature of the material financial interest in the Corporation's transaction 20 that the board member has, 21 (4) Describe in detail why the self-dealing transaction is appropriate based on 22 applicable provisions of the Corporations Code, 23 (5) Form must be signed by the board member that is involved in the self-dealing 24 transaction described in Sections and (4). 25 26 27 28 15 R S E F 4 (I)Company Board Member Info mattio 1 g� 3 Date: ��yy i 1-�CaY9men CdtfL k k ' L ; F ¢ i Job !$'$ Name and Address: a € 8 }} k { 1 7 3 ! 4 I 8 ' f t ( Disclosure(Please scribe the nature of the self-deaRng transaction you are a party to),, 18 h� 11 1 ( i 1 k 14 € 15 P P 18 i i 17 E 18 ( plain why this self-dealing transaction is consistent with the requirements f Corporations Code 5233 19 20 21 22 2 g € i 24 i i 2 (5)Authorized Signature 26 27 Signature: ate:.�__-_�--_--___.._ a i E i i 28 S6 I EXHIBIT A REQUEST FOR QUOTATION 17-059 REQUEST FOR QUOTATION NUMBER: 17-059 JOB ORDER CONTRACT VOLUME ONE (1 ) February 6, 2017 ORGIRe uisition:893511321701112 PURCHASING USE IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER,CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE,2°d Floor FRESNO,CA 93702-4599 CLOSING DATE OF BID WILL BE AT 2:00 P.M. ON MARCH 17, 2017 QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:01 P.M. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to: Darren Howard, e-mail CountVPurchasing(a co.fresno.ca.us, phone(559)600-7119 See Notice to Contractors,Instructions to Bidders,General Conditions,and Attachments. Check County of Fresno Purchasing's Open Solicitations website at httDs://www2.co.fresno.ca.us/0440/Bids/BidsHome.asr),(for RFQ documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED,SUBJECT TO THE NOTICE TO CONTRACTORS, INSTRUCTIONS TO BIDDERS,GENERAL CONDITIONS,AND ATTACHMENTS. COMPANY ADDRESS CITY STATE ZIP CODE TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS SIGNED BY PRINT NAME TITLE PD-010(1114) Quotation No. 17-059 �� 0��0&�� 0�� DOCUMENT SUBMITTAL m ==== In submitting a quotation the vendor is agreeing to all of the terms, conditions, requirements, etc. set forth under this RFQ as stated in both Volume One (1) and Volume Two (2). The vendor shall provide all information requested within Volume One including the completion of all forms ahu. The bidder is instructed to return Volume One with all inforrnabon, signatures, bid guarantee etc. Volume Two, although applicable to the vendor's bid, should not be submitted. Quotation No. 17-059 DISCLOSURE - CRIMINAL HISTORY & CIVIL ACTIONS In their proposal, the bidder is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and partners (hereinafter collectively referred to as "Bidder"): • Within the three-year period preceding the proposal, they have been convicted of, or had a civil judgment rendered against them for: o fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement, theft, forgery, bribery, falsification, or destruction of records; or o false statements or receipt of stolen property • Within a three-year period preceding their proposal, they have had a public transaction (federal, state, or local)terminated for cause or default. Disclosure of the above information will not automatically eliminate a Bidder from consideration. The information will be considered as part of the determination of whether to award the contract and any additional information or explanation that a Bidder elects to submit with the disclosed information will be considered. If it is later determined that the Bidder failed to disclose required information, any contract awarded to such Bidder may be immediately voided and terminated for material failure to comply with the terms and conditions of the award. Any Bidder who is awarded a contract must sign an appropriate Certification Regarding Debarment, Suspension, and Other Responsibility Matters. Additionally, the Bidder awarded the contract must immediately advise the County in writing if, during the term of the agreement: (1) Bidder becomes suspended, debarred, excluded or ineligible for participation in federal or state funded programs or from receiving federal funds as listed in the excluded parties list system or(2) any of the above listed conditions become applicable to Bidder. The Bidder will indemnify, defend and hold the County harmless for any loss or damage resulting from a conviction, debarment, exclusion, ineligibility or other matter listed in the signed Certification Regarding Debarment, Suspension, and Other Responsibility Matters. February 2017 County of Fresno Page P-2 Quotation No. 17-059 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTE RS—FxRy88ARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1 By signing and submitting this proposal, the prospective primary participant in providing the certification set out below. 2. The inability ofe person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure ofthe prospective primary participant to furnish e certification or an explanation ohei| disqualify such person from participation in this transaction. 3. The certification in this clause ioa material representation of fact upon which reliance was placed when the department or agency determined tn enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous oedifioation, in addition to other remedies available tothe Federal Governmnmnt, the department oragency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice tothe department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has baoonno erroneous by reason of changed circumstances. 5. The terms covered transaction, dabarred, suspended, ine|igib{e, partioipant, panoon, primary covered toan000tion, principe|, pnopoaa|, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. O. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed bye prudent person in the ordinary course of business dealings. February2O17 County OfFresno PageP-3 Quotation No. 17-059 CERTIFICATION (1) The prospective primary participant certifies to the best of its knowledge and belief, that it, its owners, officers, corporate managers and partners: (o) Are not presently debarred, euapended, proposed for debarment, dmoienad ine|iQib\e, or voluntarily excluded by any Federal department oragency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, iheft, h)rgery, bribery, falsification or destruction of records, making false etetennenba, or receiving stolen property; (n) Have not within a three-year period preceding this application/proposal had one ormore public transactions (Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature: Date: (Printed Name &Title) (Name of Agency orCompany) Fobruary2O17 County of F[8SDO Page P-4 Quotation No. 17-059 SELF-DEALING ��M�� DISCLOSURE � �~=-�u��°�� m ��m� (FINANCIAL) Contractor agrees that when operating an e corporation (a for-profit or non-profit corponaUnn). or if during the term of the agreement the Contractor changes its status to operate as a corporation, members of the Contractor's Board of Directors shall disclose any self-dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County. A self-dealing transaction shall mean a transaction bn which the Contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter. February2O17 COUOh/ of FPBSDO Page P'5 Quotation No. 17-059 PREVAILING WAGES PREVAILING WAGES: The work to be done on this project will involve the repair, alteration, maintenance, installation, rehabilitation, demolition, construction or reconstruction of public buildings, streets, utilities, and/or other public works. In accordance with Labor Code section 1770, et seq., the Director of the Department of Industrial Relations of the State of California has determined the general prevailing wages rates and employer payments for health and welfare pension, vacation, travel time and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to this public work project. The prevailing wage rates for all hours worked, including holiday and overtime rates, on this project are on file with the Purchasing Department, 4525 E. Hamilton Avenue, Fresno, California 93702, and are herein incorporated by this reference. Information pertaining to applicable Prevailing Wage Rates may be found on the website for the State of California— Department of Industrial Relations: http://www.dir.ca.gov/opi-I/PWD/iiidex.htiii. Information pertaining to applicable prevailing wage rates for apprentices may be found on the website for the State of California—Department of Industrial Relations: httDi//www Air ca gov/oprl/pwappwage/PWAppWageStart.asp It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not less than the prevailing wage rates, including overtime and holiday rates, to all workers, laborers, or mechanics employed on this public work project, including those workers employed as apprentices. Further, Contractor and each subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of apprentices. A copy of the above-mentioned prevailing wage rates shall be posted by the Contractor at the job site where it will be available to any interested party. Contractor shall comply with Labor Code section 1775 and forfeit as a penalty to County Two Hundred Dollars ($200.00)for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work done under this project by Contractor or by any subcontractor under Contractor in violation of Labor Code section 1770, et seq. In addition to the penalty, the difference between the prevailing wage rates and amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. Contractor and each subcontractor shall keep an accurate record showing the names, 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 or her in connection with this public work project. In accordance with Labor Code section 1776, each payroll record shall be certified and verified by a written declaration under penalty of perjury stating that the information within the payroll record is true and correct and that the Contractor or subcontractor complied with the requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its employees on this public work project. These records shall be open at all reasonable hours to inspection by the County, its officers and agents, and to the representatives of the State of California— Department of Industrial Relations, including but not limited to the Division of Labor Standards Enforcement. February 2017 County of Fresno Page P-6 Quotation No. 17-059 APPRENTICES A. Pursuant to Sections 1770-1780 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of wages in the locality for each craft or type of worker needed to execute the work. Said wage rates pursuant to Section 1773.2 of the Labor Code are on file with the Clerk to the Fresno County Board of Supervisors, and will be made available to any interested person on request. A copy of this wage scale may also be obtained at the following Web Site: clir.ca.crov/cllsr. B. Pursuant to Section 1775 of the Labor Code of the State of California, nothing in this Article shall prevent the employment of properly registered apprentices upon public works. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he/she is employed, and shall be employed only at the work of the craft or trade to which he/she is registered. C. Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing at Section 3070), Division 3, of the Labor Code, are eligible to be employed on public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he/she is training. D. Fresno County is committed to increasing the availability of employment and training opportunities, with particular attention to the plight of those who are most economically disadvantaged. In an effort to advance that purpose, the County will require that, for certain specified projects, as identified by the County in the Request for Proposal submitted by the County for that particular Job Order, the Contractor and each subcontractor employed thereon shall use their best efforts to ensure that thirty-three percent (33%) of apprentice hours, as determined by California Labor Code Section 1777.5 for each contractor and subcontractor of any tier on this Project, are performed by qualified participants in state approved apprenticeship programs who also are current or former"Welfare-to-Work" participants in the CalWORKs program. Provided, that this Paragraph D shall not apply to any projects that are federally funded in whole or in part, or to any projects that fall within the definition of"maintenance work" as that term is defined in California Public Contract Code § 22002(d); and each project to which this Paragraph D is applicable shall be identified by the County in the Request for Proposal submitted by the County for that particular Job Order. Provided further, that nothing contained in this Paragraph D shall be interpreted to relieve or in any way diminish the obligation of the Contractor and each subcontractor to comply fully with all applicable apprenticeship laws in accordance with the California Labor Code and the California Code of Regulations; and accordingly such requirements as are contractually imposed by this Paragraph D shall be in addition to such legally mandated requirements, and applicable only to the extent fully consistent therewith. February 2017 County of Fresno Page P-7 Quotation No. 17-059 VENDOR MUST COMPLETE AND RETURN wrTH REQUEST FOR QUDIATIM Firm: REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services. Be sure to include all requested information. Reference Name: Contact: Address: City: State: Zip: Phone No.: Date: Service Provided: Reference Name: Contact: Address: City: — State: Zip: Phone No.: Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: Date: Service Provided: Reference Name: Contact: Address: City: State: Zip: Phone No.: Date: Service Provided: February 2017 County of Fresno Page P-8 Quotation No. 17-059 DIR ACKNOWLEDGEMENT I acknowledge in accordance with labor Code Sections 1725.5 and 1770-1777.7,that I have registered with the Department of Industrial Relations(DIR)and all Certified Payroll Records will be uploaded to the O|RWebode. Any additional requirements that materialize from the SB854 legislation will be complied with. Attached iu verification of the D|Rregistration. (Authorized Signature in Blue Ink) Title DIR Number CONTRACTOR'S LICENSE: Bidder to possess appropriate license for the project in accordance with current regulations/statutes. The bidder shall possess a current State of California contractor's License, Class B or another license class that covers the work hobeperformed. The proposal must indicate the license held by the bidder, which enables him/her to perform the work. Number and Class: Date ofIssue: Bidder must also submit verification of Contractor's License from the Department of Consumer Affairs— Contractors' State License Board. Failure to submit verification may result in bidder's response being considered non-responsive. If the license is other than a Class B, the bidder must explain why his/her license(s) is acceptable. The County will review and determine ifacceptable. Febmory2O17 County ofFresno PageP'9 Quotation No. 17-059 BIDDERS' REQUIRED DOCUMENTS Because of numerous technical irregularities resulting in rejected bids for recent projects, the following checklist is offered for the bidders' information and use in preparing the bid. This checklist is not to be considered as part of the contract documents. Bidders are cautioned that deleting or not submitting a form supplied in the bid documents(even if the form does not require signature) may result in an irregular bid. Complete and submit the following with your bid: COVER PAGE OF RFQ#17-059 VOLUME I DISCLOSURE—CRIMINAL HISTORY&CIVIL ACTIONS CERTIFICATION REFERENCE LIST DIR REGISTRATION ACKNOWLEDGEMENT BID SHEET Bidder name on each sheet. Number for each Adjustment Factor. Make no additions such as"plus tax","plus freight",or conditions such as"less 2%if paid by 15th". Use black ink or typewriter. Acknowledge addenda. SUBCONTRACTOR LIST Bidders are not required to submit a list of subcontractors with their bids as the Job Order Contract is an indefinite quantity contract and therefore the work is not defined prior to award. However, if the Contract is awarded, the successful bidder will be required to submit a list of all subcontractors with all Proposals for individual Job Orders. SIGNATURE PAGE-READ THE NOTICES AND NOTES Indicate type of bid security provided. Provide contract license information. State business name and if business is a: Corporation-list officers Partnership-list partners Joint Venture-list members;if members are corporations or partnerships,list their officers or partners, Individual-list Owner's name and firm name style Signature of Bidder-Bid Must Be Signed! Corporation- by an officer Partnership-by a partner Joint Venture-by a member Individual-by the Owner February 2017 County of Fresno Page P-10 Quotation No. 17-059 If signature is by a Branch Manager, Estimator,Agent,etc,,the bid must be accompanied by a power of attorney authorizing the individual to sign bids, otherwise the bid may be rejected. Business Address-Firm's Street Address Mailing Address- P.O. Box or Street Address BID SECURITY(BID GUARANTEE) Twenty Five Thousand Dollars($25,000.00). Submit with your bid. Type of Bid Security: Cashier's or Certified Checks-Will be held until the bid is no longer under consideration. If submitted by a potential awardee, they will be returned when the contract bonds are submitted and approved. Bid Bonds - Must be signed by the bidder and by the attorney-in-fact for the bonding company. Signature of attorney-in-fact should be notarized and the bond should be accompanied by bonding company's affidavit authorizing attorney-in-fact to execute bonds. An unsigned bid bond will be cause for rejection. NON COLLUSION AFFIDAVIT Must be completed, signed, and returned with bid. GUARANTY OF WORK Must be completed, signed and returned with bid, OTHER If you remove the bid from the specifications booklet, please staple the pages together. Make sure your bid envelope is sealed and shows the project name. If you mail your bid,allow time for postal delay. Bids received after the set time(as defined on the RFQ front cover page)will be returned unopened. Be sure the statement"Do Not Open Until Time of Bid Opening"is on the envelope. If you have any questions, please contact Darren Howard, Purchasing Division, (559)600-7119, February 2017 County of Fresno Page P-1 1 IO BID SHEET ".; t4, ; Quotation No.17-059 BIDDING DOCUMENTS BIDDER: SOLICITATION NO.: 17-059 PROJECT: Job Order Contract The bidder, declares that the only persons, or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the Bid Documents therein referred to; and he proposes and agrees if this bid is accepted, that he will contract with the County of Fresno to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed, and according to the requirements of the Owner as therein set forth, and that he will take in full payment therefore the following Adjustment Factors, to-wit: This Work is to be performed in accordance with the Bidding Documents including the Bidding Information, Contract forms, General and Supplemental Conditions, and Addenda Numbers and Bid Items: I. Adjustment Factors. The Contractor bids four Adjustment Factors that will be applied against the Unit Prices set forth in the Construction Task Catalog®. These Adjustment Factors will be used to price out lump sum fixed price Job Orders by multiplying the Adjustment Factor by the Unit Prices and quantities. II. Base Period (12 months from Notice of contract award or expenditure of the $2,000,000 maximum value of the contract, whichever occurs first) Item 1- Unit work requirements to be performed during Normal Working Hours for non- federally funded Projects as ordered by the County in individual Job orders against the contract. 1. Utilize four decimal places Bid for Normal Working Hours-in words Item 2- Unit work requirements to be performed during other Than Normal Working Hours for non-federally funded Projects as ordered by the COUNTY in individual Job Orders against the contract. (Note: Item 2 may not be lower than Item 1.) 2. Utilize four decimal places Bid for Other Than Normal Working Hours-in words February 2017 County of Fresno Page P-12 BID SHEET rkyd 'PRtl� Notation No.17-059 BIDDING DOCUMENTS |hono 3- Unit work requirements to be performed during Normal Working Hours for federally funded Projects as ordered by the County in individual Job Orders against the contract. (Note: Item 3 may not te lower than Item 1] — Utilize four decimal places Bid for Normal Norking Hours-in words Item 4- Unit work requirements tobe performed during Other Than Normal Working Hours for federally funded Projects anorderadbvthe {}OUNTYinindividuu| JobDrdors against the contract. (00/m: Item may not be lower than >b*no 1) 4, Utilize four decimal places Bid for Other Than Normal Working Hours-in words Award criteria: The award will b* based on Adjustment Factors evaluated oafollows: 65Y6of Normal Working Hours Factor for non-federally funded Projects (Line 1 Below) added to 2096 of Other Than Normal Working Hours Factor for non-federally funded Projects (Line 2 Below) added to 10% of Normal Working Hours Factor for federally funded Projects (Line 3 Below) added to5Y6of Other Than Normal Working Hours Factor for federally funded Projects (Line4 Below). Award Criteria Formula: A x 8 = c AdiustmeDtFadorfrom Adjustment Factor Percentage ofAcUuotnneDt ^AboveMultiplier for Factor toba used \n Evaluation Evaluation (carry to 4 decimal places) 1 x .05 = Line 1 2. x .20 = Line 3. x .1O = Line 4. x .05 = Line 5. Award Criteria Figure: ' BID SHEET 8 6 Quotation No.17-O59 BIDDING DOCUMENTS 1. Specify lines 1 through 5 to four(4) decimal places. Use conventional rounding methodology(i.e., if the number in the 5th decimal place is 0-4, the number in the 4th decimal remains unchanged; if the number in the 5th decimal place is 5-9, the number in the 4th decimal is rounded upward). 2. The weighted multipliers above are for the purpose of calculating an Award Criteria Figure only. No assurances are made by the Owner that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above. The Award Criteria Figure is only used for the purpose of determining the Bid. 3. When submitting Job Order Price Proposals related to specific Job Orders, the Bidder shall utilize one or more of the Adjustment Factors applicable to the Work being performed. February 2016 County of Fresno Page P-14 co SIGNATURE PAGE 8516 Notation No.17-059 BIDDING DDEUMENTS BIDDER: |n case nfa discrepancy between words and figures, the words shall prevail. |f this bid shall ba accepted and the undersigned ohaUfai|tocontnaot. eoaforaooid' endhogive the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Awarding Authority, within ten (1U) days after the award of the contract, the Awarding Authority, at its option, may determine that the bidder has abandoned the contract, and thereupon this bid and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this bid shall operate and the same shall be the property of the Owner. PROJECT: Job Order Contract SOLICITATION NO.: 17-059 Accompanying this bid is security(check one only) in amount equal to Twenty-Five Thousand OoUore ($25,00ODOU): Bid Bond ( \� (�adi�edChaob ( Cashier's ) ` ' ` '. The nornea of all persons interested in the foregoing bid as principals are as follows: IMPORTANT NOTICE: \f bidder or other interested person ioa corporation, state legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if a co- partnership, state true name of firm, also names of all individual co-partners composing firm; if bidder or other interested person is an individuo|, state first and last name in full. FIRM NAME: Licensed in accordance with an act providing for the registration of Contractors, Class License No. Expires (Furnishing Contractor License information as part of this bid is optional and is requested to facilitate verification of|icenaure) Signature ofBidder Dated February2017 County ofFresno PagaP'15 co 56 Notation No.17-D59 BIDDING DOCUMENTS NOTE: If bidder h* o corporation, the legal name ofthe corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if bidder is an individual, his signature shall be placed above. |f signature io byan agent, other than en officer of a corporation ora member nfa partnership, a Power of Attorney must be on file with the Owner prior to opening bide or submitted with the bid; otherwise, the bid will be disregarded ou irregular and unauthorized. Business Address: Zip Code: Mailing Address: City: State: Zip: Phone No.: ( ) Fax ( ) �� PRV-'n" Notation No.17-059 BEING DOCUMENTS PROJECT: Job Order Contract 8{}L|C|TAT|{]N NO.: 17-058 Purchasing Department, County ufFresno: NONCOLLU8|ONAFF1DAV|T TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Printed or Typed Name) being first duly sworn, deposes and says that he or she is (Owner, Partner, Corporate Officer(list title), Co-Venturer) of (Bidding Entity) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. (Signature) (Dated) (Title 23 United States Code Section 112) (Calif Public Contract Code Section 710O; 8tata.1988, o. 1548. Section 1.) ° /V0TE: Cnnop\eting, nigning, and returning the Nonoo|}usion Affidavit ina required part ofthe Bid. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. February 2017 County ofFresno PageP-17 Notation No.17-059 BIDDING DOCUMENTS PROJECT: Job Order Contract SOLICITATION NO.: 17-059 CERTIFICATION WITH REGARD TO THE PERFORMANCE C]FPREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS. The or proposed subcontractor, . hereby certifies that he/she *haslhas not participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11240, and that he °xhonnrhas nnt» filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. By: Date: NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in41CFRG0-1.5. (Generally only contracts or subcontracts of$1O,O0Oor under are examopt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. * *Circle one of the options provided. Febmory2O17 C0UDtv Of FPe3DO Page P'18 Notation No.17-059 BIDDING DOCUMENTS PROJECT: Job Order Contract SOLICITATION NO.: 17'059 NOTE: The bidder shall check Box Aor Box B. If the bidder does not check a box b will be deemed that he has checked Box A. The bidder certifies that: A. ( ) I do not intend to subcontract any work on this project. B. ( ) I do intend to subcontract portions of the work on this project. In accordance with the provisions of Section, "Participation by Minority Business Enterprises in Subcontracting," in the Special Provisions, I have taken affirmative action to seek out and consider minority business enterprises for the portions of the work which are intended to be subcontracted and that such affirmative actions are fully documented in my records and are available upon request. |n addition, | will take such affirmative action on any future subcontracting for the life of this contract. The above certification in required by Executive Order 11825. By: Date: co . Quotation No.17-059 BIDDING 00CUMENTS PROJECT: Job Order Contract SOLICITATION NO.: 17-059 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space: ( ) No Exceptions Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action: Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Bid. Signing the Bid on the signature portion thereof shall also constitute signature of this Certification. By my signature on this bid, I certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Title 23 United States Code, Section 112 Non-Collusion Affidavit and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. (Bidder) By: Date: (Title) February 2017 County of Fresno Page P-20 Quotation No. 17-059 PROJECT: Job Order Contract SOLICITATION NO.: 17-O5S (This guaranty shall be executed by the successful bidder in accordance with instructions in the Special Provisions. The bidder may execute the guaranty on this page pd the time ofsubmitting his bid] GUARANTY To the Owner: County nfFresno The undersigned guonantenaUleconotnuctionandinnto|habonufthefnllovvngvvorkincJudedin this project: ALL WORK Should any of the materials or equipment prove defective or should the work as a whole prove dwfnotiwe, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after Notice of Completion has been filed on a specific Job Order on which this contract is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work tothe condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such material and to repair said work completely without cost to the Owner so that said work will function successfully ao originally contemplated. The Owner shall have the unqualified option to make any needed replacement or repairs itself or tu have such replacements or repairs done bv the undersigned. {n the event the Owner elects ho have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt Vf demand from the Owner. |f the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled tn all costs and expenses, including attorneys' fees, reasonably incurred by reason of the said failure orrefusal. Date: Contractor 51 REQUEST FOR QUOTATION NUMBER: 17-059 JOB ORDER CONTRACT VOLUME TWO (2) February 6, 2017 ORGIRequisition:8935/1321701112 PURCHASING USE IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER,CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO,Purchasing 4525 EAST HAMILTON AVENUE,2°d Floor FRESNO,CA 93702-4599 CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON MARCH 17, 2017 QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:01 P.M. All quotation information will be available for review after contract award. Clarifications of specifications are to be directed to: Darren Howard, e-mail ri i 1I. ::dhoward@co.fresno.ca.us, phone (559)600-7119. DO NOT RETURN THIS VOLUME WITH VOLUME ONE (1 ) NOTICE TO CONTRACTORS Sealed bids will be received at the Fresno County Purchasing Division,4525 East Hamilton,Second Floor,Fresno,CA.93702 until 2:01 P.M.,(1401 hours and 00 seconds) March 17,2017 Promptly following the closing of the bidding all timely submitted bids will be publicly opened and read at the Division in said building,for construction in accordance with the specifications therefore,to which special reference is made as follows: DESCRIPTION OF WORK:This Notice to Contractors is for a Job Order Contract,a competitively bid,firm,fixed priced,indefinite quantity contract.The scope of work includes a collection of detailed repair and construction tasks and specifications that have pre-established Unit Prices listed in a Construction Task Catalog® (OTC)that was developed for the County of Fresno, and are for the direct cost of construction. The CTC is based an current prices in Fresno for experienced prevailing wage labor,high quality materials and equipment. The CTC pricing also incorporates local activity, climate and geographic factors. All work under this Contract will be performed for the County of Fresno at different locations throughout the County. The work will involve the repair, alteration, modernization, maintenance, rehabilitation, reconstruction, or construction of public buildings, streets, utilities,and other public works. Under this Contract,the Contractor furnishes all management,documentation and incidental drawings(as required), labor,materials and equipment needed to perform the work. The County intends to award up to three contracts to the Lowest Responsive and Responsible Bidder(s). One bid(Volume One)per contractor shall be submitted. PROCEDURE FOR ORDERING WORK: If awarded,each Job Order Contract guarantees the Contractor the opportunity to perform a minimum value of total work worth$25,000 up to a maximum potential value of total work worth$2,000,000.The term of each Contract is 12 months or the expenditure of the $2,ODO,D00 maximum value of the Contract,whichever occurs first. The Maximum Contract Value may be increased by up to the sum authorized by Public Contract Code Section 20128.5 (currently approximately $4,500,000). Any increase in the Maximum Contract Value will be by bi-lateral agreement.After contract award,as the need for specific work arises,the County will issue the Contractor a Job Order specific Request for Proposal. The Contractor shall then submit a Job Order Proposal for a Detailed Scope of Work to the County. Upon receipt of the Contractor's Job Order Proposal,the County will evaluate the Job Order Proposal against the Contract and the County's estimate of costs for the Detailed Scope of Work. If the Contractor's Job Order Proposal is deemed acceptable,the Project Manager may issue a Job Order at the agreed upon Job Order Price.The Job Order Price is calculated by selecting applicable pre-priced construction tasks from the CTC Construction Task Catalog® and multiplying the Unit Prices for those tasks by the appropriate quantities and Adjustment Factors. The sum of all selected pre-priced tasks will establish a lump sum firm fixed price for the Job Order, The Job Order Contract also includes a provision for work tasks not included in the Construction Task Catalog®at the time of the Contract award.These tasks are referred to as "Non Pre-priced Tasks". Non Pre-priced (NPP)Tasks may require the establishment of specifications and drawings and may subsequently be incorporated into the Construction Task Catalog®. The County selected The Gordian Group's(Gordian)Job Order Contracting(JOC)Solution(Gordian JDC Solution TM)for their JOC program.The Gordian JOC Solution includes Gordian's proprietary eGordian®JDC Applications and Construction Task Catalog®,which shall be used by the Contractor to prepare and submit Job Order Proposals, subcontractor lists, and other requirements specified by the County.The Contractor shall be required to execute Gordian's JOE System License and Fee Agreement,and pay a 1%JOC System License Fee to obtain access to the Gordian JOC Solution. Inquiries regarding this contract should be directed to Darren Howard of the Purchasing Division. Inquiries are to be submitted in writing to or to the Public Purchase website. Oral explanations or interpretations of Bid Documents are not binding. Any explanation, interpretation or clarification of Bid Documents will be in the form of a written addendum to the Bid Documents issued to the holders of record of such documents. Bids shall be submitted in a sealed opaque envelope addressed to the Division and labeled with the name of the bidder,the name of the project,the solicitation number,and the statement"Do Not Open Until The Time Of Bid Opening." The determination for award shall be based upon the three (3)lowest responsive,responsible bidders. PRE-BID CONFERENCE: Prospective bidders must attend the mandatory pre-bid conference. Bidder's failure to attend the pre-bid conference will result in their submitted bid being deemed non-responsive. Due to the relative complexity of this type of procurement,a detailed orientation on the Job Order Contracting System will he provided as well as a discussion on JOC from the Contractor's viewpoint at the pre-bid conference.The pre-bid-conference will he held at February 21,2017 at 10:00 a.m.The conference will be held in the Elections Training Room at 4525 E.Hamilton Avenue,Fresno,CA,93702. Bidding Documents applying to this contract may be obtained online at the Public Purchase website. There is no charge for the Documents. The Bid Documents will consist of two volumes and a compact disk. The first volume contains the actual bid forms that must be completed and returned. February 2017 County of Fresno Page I of 59 } R56 Quotation No.17-O59 NOTICE TO CONTRACTORS Volume Two will consist of the Notice to Contractors,Instructions to Bidders,General Conditions,Hostage Policy,and sample agreement. The compact disk contains the Construction Task Eatalogd and the Technical Specifications. The compact disk is in Adobe Acrobat format and contains that program if the bidder requires it. Bid security in the amount of twenty five thousand dollars($25,000),and in the form of a bid bond issued by an admitted surety insurer licensed by the California Department of insurance,cash,cashiers check or certified check shall accompany the bid.Bid security shall be made in favor of the County of Fresno. No contract will be awarded to a contractor who has not been licensed in accordance with the provisions of the Contractors State License taw, California Business and Professions Code,Division 5,Chapter 9,as amended,or whose bid is not on the Bid Form included in the solicitation.A valid California Cantractar's license Class 11911, T9" is required far this project. The State of California`s Department of industrial Relations,under law SB 584,requires contractors to register before bidding on state and local public works projects. Some of the Work to be done under this Job Order Contract may be done utilizing federal funds. if federal funds are to be used the following terms will be enforced: 'The County of Fresno hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against an the grounds of race,color,religious creed,sex,or national origin in consideration for an award." Some of the Work to be done under this Job Order Contract may be done utilizing Community Development Block Grant(COBG)funds. if(CO8G)funds are to be used the following terms will be enforced: "The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development,Community Development Block Grant Program,and subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended,12 USC 1701U." "Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and the contracts for work in connection with the project be awarded to eligible business concerns which are located in,or owned in substantial part by persons residing in the area of the project. Regulations for implementing the Section 3 clause are contained in 24 CFR 135,as amended and as specified in the project specifications." The County has,when it determines the necessity,established the following goal for Disadvantaged Business Enterprise(DBE)participation for projects using federal funds: Disadvantaged Business Enterprise(DOE):14.9 percent. This goal applies to only Federally Funded projects. In accordance with the provisions of Section 1770 of the Labor Cade,the Director of the Oepartment of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare,pension,vacation,travel time,and subsistence pay as provided for in Section 1773.8,apprenticeship or other training programs authorized by Section 3093,and similar purposes applicable to the work to be done. Said wage determinations are an file with the Clerk of the Board of Supervisors and are incorporated herein by reference.Said wages are available only at the Department of Public Works,Design Division,Design Services Section. For Federally funded projects,the minimum wage rates, as predetermined by the Federal Secretary of Labor, are available at request. If there is a difference between the minimum wage rates predetermined by the Federal Secretary of Labor and the Prevailing Wage Rates predetermined by the Director of the Department of Industrial Relations of the State of California for similar classifications of labor,the contractor and his subcontractors shall pay not less than the higher wage rate. The County hereby specifies that portions of the work may only be performed outside the regular working hours as defined in the applicable collective bargaining agreement filed with the Director of Industrial Relations in accordance with Labor Code Section 1773.1,and that the overtime requirements for Saturdays,and holidays are hereby waived for these portions of the work, as more particularly described in the Bid Documents.However,this exemption shall not negate the overtime provisions specified in Labor Code Section 1815, BID PRICE SUBMITTAL: Each bidder must submit four price Adjustment factors,which shall apply to all the work tasks listed in the ETC.The first Adjustment Factor will be applied to that work during Normal Working Hours for non-federally funded projects.The second Adjustment Factor will be applied to that work during Other than Normal Working Hours for non-federally funded projects. The third Adjustment Factor will be applied to that work during Normal Working Hours for federally funded projects.The fourth Adjustment Factor will be applied to that work during Other than Normal February 2017 County of Fresno Page 2 of 59 co \15 Notation No.17-059 NOTICE TO CONTRACTORS Working Hours for federally funded projects, The Adjustment Factors must be specified to the fourth decimal place and shall be"net",(e.g.,I-BODO)or an adjustment"decrease from"(e.g.,.9500)or"increase to"(e.g.,1.2900)the Unit Prices listed in the ETC.Bidders who submit separate Adjustment Factors for separate Unit Prices will he considered non-responsive and their bid will be rejected, The Other Than Normal Working Hours Adjustment Factors shall be greater than or equal to the corresponding Normal Working Hours Adjustment Factors. The bids will be evaluated by adding 65%of the first Adjustment Factor to 79%of the second Adjustment Factor added to 10%of the third Adjustment Factor added to 5%of the fourth Adjustment Factor. The amount of work to be done during Other than Normal Working Hours may vary considerably. SUBCONTRACT LIMITATIONS: In accordance with California Public Contract Code section 4104,the Contractor shall list in Each Job Order Proposal,on forms provided by the Owner,the name,business location,and value of work of each subcontractor who will perform work or labor or render service, or any subcontractor licensed by the State of California who,under subcontract to the contractor,specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications,in an amount in excess of one half of I percent of the proposed price for each Job Order. BIDDER'S GUARANTEE:The bidders shall guarantee the bids for a period of 180 calendar days from the date of the bid opening.The Owner reserves the right to waive minor irregularities and to reject any and all bids. The successful bidder shall furnish a faithful performance bond in the amount of 100 percent of the Maximum Contract Value and a payment bond in the amount of IOD percent of the Maximum Contract Value, Each bond specified in this Notice(bid bond,faithful performance bond and payment bond)shall meet the requirements of all applicable statues,including but not limited to those specified in Public Contract Code section 20129 and Civil Code section 3248. Each bond specified in this Notice shall be issued by a surety company designated an admitted surety insurer in good standing with and authorized to transact business in this state by the California Department of Insurance, and acceptable to the County of Fresno. Bidders are cautioned that representations made by surety companies will be verified with the California Department of Insurance. Additionally, the County of Fresno, in its discretion, when determining the sufficiency of a proposed surety company, may require the surety company to provide additional information supported by documentation. The County generally requires such information and documentation whenever the proposed surety company has either a Best's Key Rating Guide of less than B+and a financial size designation of less than VIII. Provided,however,that the County expressly reserves its right to require all information and documentation to which the County is legally entitled from any proposed surety company. Pursuant to Public Contract Code Section 22300,substitution of securities for any moneys withheld by the County of Fresno to ensure performance under the contract shall be permitted. February 2017 County of Fresno Page 3 of 59 co Guotation No.17-059 INSTRUCTIONS TO BIDDERS TABLE 000NTENTS uu.xon PAGE 1.0 EXPLANATION 0 BIDDERS---.................................................................................................................--------------------- 5 1.02 EXAMINATION OF BID DOCUMENTS,SPECIAL PROVISIONS AND SITE OF WORK-.......................................................... --_---_--5 1.03 BID GUARANTEE -.................................-..................--_-------_---------------_---------_--__--5 |.[M PREPARATION DF BIDS......... ............................................................................ --------------------_-_---_-----S iOSSUOCON0AC0RS-................... ..................................................................................-----_--------------_-----_-5 |,OG DEPARTMENT D[INDUSTRIAL RELATIONS R[GISTERATIDH.............................................................................................................................--G 1.0 SUBMISSION OFB0............-......................................................-----------_--------------------------_--? iDOIRREGULAR BIDS---................................... -_---_----------__----------_---------------_-7 iOS D|SDUAL|F|CAT|DNOF BIDDERS..................................................--........................................ -------_-----------_----J UO WITHDRAWAL OR REVISION OF BIDS................................................................................................................. 7 U| PUBLIC OPENING OF BIDS.......................................................................................................................................--------------_--7 iDRELIEF DF BIDDER.................-- ........................................................................................ ------------------_-----_-7 UJAWARD DF CONTRACT L-...................................................... ......................... -----_----_-------------_-------7 iMAPPEALS..............................................................................---------__-------------------------_----_-U 1.15 CANCELLATION DF AWARD....................................................---_-----------------------------_------_'D 1.0 CONTRACT BONDS....................................................................................._----------_-_------------------_-8 1.17 POST-BID/PRE-AWARD INFORMATION..........................................................................------------_-_-----_---_ 9 1.18 PARTICIPATION -..................................................................................................-------------------------------_-D Quotation No.17-D59 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1.01 EXPLANATION TO BIDDERS An explanation desired by bidders regarding the meaning or interpretation of the Bid Documents must be requested in writing by ID:OOam,March 06, 2017 and directed to Darren Howard at nr"�,-,��,,�2 ---, ,, T�. —J-7,in order to allow sufficient time for a reply to reach them before the submission of their bids. Oral explanations given before the award of the contract will not be binding. Any interpretation made will be in the form of an addendum to the aid Documents,said addendum will only be issued by Purchasing. A copy of the addendum will be furnished to Each plan holder and its receipt shall be acknowledged an the Bid form. 1.02 EXAMINATION OF BID DOCUMENTS,SPECIAL PROVISIONS AND SITE OF WORK The bidder is required to Examine carefully the proposal,Bid Documents,Construction Task Catalog©,Technical Specifications,special provisions and contract forms for submitting a Bid. It is mutually agreed that the submission of a Bid shall be considered prima facie evidence that the bidder has made such examination and is satisfied with the conditions to be encountered in performing the work and as to the requirements of the Bid Documents, 1.03 BID GUARANTEE The bidder shall furnish a proposal guarantee consisting of a bid bond, cash, certified check or cashier's check for twenty five thousand dollars ($25,000). In case security is in the form of a certified check or cashier's check,the Owner may make such disposition of same as will accomplish the purpose of which submitted.Checks deposited by unsuccessful bidders will be returned as soon as practicable after the bid opening. I,D4 PREPARATION OF BIDS The bidder shall prepare his Bid on the blank Bid form furnished by the County. The bidder shall specify four Adjustment Factors to the Unit Prices in the Construction Task Catalog®in both words and figures. All words and figures shall be typed or written in ink. No erasures permitted. Errors may be crossed out,initialed and corrections printed in ink by person signing bid. In case of a discrepancy between the Adjustment Factors written in words and those written in figures,the written words shall govern. Alternate or conditional bids will not be accepted. The bids shall be signed in blue ink by the individual,by two or more partners of the partnership,or by two or more of the officers of the corporation submitting it. If the bid is made by an individual,his name and post office address must be shown. If made by a partnership,the name of each member of the partnership must be shown.If made by a corporation,the bid must show the name of the state under which the corporation was chartered and the name of the president,vice president,secretary and treasurer. The required bid guaranty must accompany the bid. 1.05 SUBCONTRACTORS The Contractor is not to name Subcontractors at time of bid. In accordance with California Public Contract Code section 4104,the Contractor shall list in each Job Order Proposal,an forms provided by the Owner,the name,business location,and value of work of each subcontractor who will perform work or labor or render service,or any subcontractor licensed by the State of California who,under subcontract to the contractor,specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Contract Documents,in an amount in excess of one half of I percent of the proposed price for each Job Order. The attention of bidders is directed to the provisions of Public Contract Code Section 4100 at. seq,which set forth the consequences and possible penalties which may result from a failure to comply strictly with the foregoing requirements for listing of subcontractors. The attention of bidders is also directed to Section 1-1.16,Post-Bid/Pre-Award Information,of these Instructions to Bidders. February 2017 County of Fresno Page 5 of 59 ` Notation No.17-059 INSTRUCTIONS TO BIDDERS 1.O6 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTERATION REDUIRMENT SO 854: California law (SB854) now requires public works contractors subject to prevailing wage requirements to register annually with the Department of Industrial Relations (DIR) and pay an annual fee. The County of Fresno will not accept public works bids from contractors and subcontractors who have not registered with the DIR and have not met this requirement. Please refer to http://www.dir,ca.gov/Public- Works/PublicWorksSB854.html for more information. This requirement,found in labor Code Sections 1725.5 and 1770-1777.7,now applies to all public works projects. Contractor must submit verification of DIR registration with their quotation. Failure to submit verification may result in their proposal being considered non-responsive. 1.07 SUBMISSION OF 810 Each bid shall be submitted in a sealed envelope labeled to clearly indicate the project and contents. When sent by mail, a sealed Bid must be addressed to the Fresno County Purchasing Division,4525 East Hamilton Avenue,Fresno,CA 93702.All Bids shall be filed prior to the time and at the place specified in the NOTICE TO CONTRACTORS. Bids received after the time for opening of the bids will be returned to the bidder unopened. Bid must be submitted on forms provided in a sealed envelope/package with bid number and closing date and time on the outside of the envelope/package. Interpretation:Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning,the bidder shall notify the Buyer in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing by IO:OOam,March 06,2017. All addenda issued shall be in writing,duly issued by Purchasing and incorporated into the contract. ISSUING AGENT/AUTHORIZED CONTACT:This RFD has been issued by County of Fresno,Purchasing. Purchasing shall be the bidder's sole point of contact with regard to the RFD,its content,and all issues concerning it. All communication regarding this RFD shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFD is identified an the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFD. Contact with any other County representative,including elected officials,for the purpose of discussing this RFD,its content, or any other issue concerning it,is prohibited unless authorized by Purchasing. Violation of this clause,by the bidder having unauthorized contact(verbally or in writing)with such other County representatives,may constitute grounds for rejection by Purchasing of the bidders bid. The above stated restriction on bidder contact with County representatives shall apply until the County has awarded a purchase order or contract to a bidder or bidders, except as follows. First, in the event that a bidder initiates a formal protest against the RFD, such bidder may contact the appropriate individual,or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second,in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract,any bidder may address the Board. Bidders are to bid what is specified or requested first.Public Contract Code Section 7028.15 Where the State of California requires a Contractor's license,it is a misdemeanor for any person to submit a bid unless specifically exempted. In their proposal,the bidder is required to disclose if any of the following conditions apply to them,their owners,officers,corporate managers and partners(hereinafter collectively referred to as"Bidder"): Within the three-year period preceding the proposal,they have been convicted of,or had a civil judgment rendered against them for: fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of a federal or state antitrust statute; embezzlement,theft,forgery,bribery,falsification,or destruction of records;or false statements or receipt of stolen property February 2017 County of Fresno Page 6 of 59 Quotation No.17-059 INSTRUCTIONS TO BIDDERS Within a three-year period preceding their proposal,they have had a public transaction(federal,state,or local)terminated for cause or default. 1.08 IRREGULAR BIDS Bids shall be considered irregular and may be rejected for the following reasons: a. If the Bid forms furnished by the Owner are not used or are altered. b If there are unauthorized additions,conditional or alternate Bids or irregularities of any kind which tend to make the Bid incomplete or indefinite. C. If the bidder adds any provision reserving the right to accept or reject an award,or to enter into a contract pursuant to an award. d. If the bid fails to contain an Adjustment Factor for each item. 1.09 DISDUALIFICATION OF BIDDERS Any one or more of the following causes may be considered as sufficient for disqualification of a bidder and rejection of his bid or bids: a. More than one bid for the some work from an individual,partnership or corporation. b Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the Owner until such participant shall have been reinstated as a qualified bidder. C. Lack of competency and adequate machinery,plant or other equipment,as may be revealed by Pre-Award Survey. d For unsatisfactory performance record as shown by past work for the Owner,judged from the standpoint of workmanship and progress. E. Prior commitments or obligations which in the judgment of the Owner might hinder or prevent the prompt completion of the work. f. Failure to pay,or satisfactorily settle,all bills due for labor or materials an former contracts in force at the time of letting the bid. g. Failure to comply with any qualification regulation of the Owner. h. Omission of bid guaranty. i. Failure to submit verification of DIR registration with their quotation 1.10 WITHDRAWAL OR REVISION OF BIDS A bidder may,without prejudice to himself,withdraw a bid after it has been deposited,provided the request for such withdrawal is received in writing or by telegram before the time set for opening bids.The bidder may then submit a revised bid provided it is received prior to the time set for opening bids. 1.11 PUBLIC OPENING OF BIDS Bids will be opened and read publicly at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. 1.12 RELIEF OF BIDDER A bidder who claims a mistake in his bid must follow the procedures in Public Contract Code Section 5100 et.seq.in seeking relief of his bid. 1.13 AWARD OF CONTRACT(S) The County intends to award up to three contracts to the Lowest Responsible Bidder(s). One bid(Volume One)shall be submitted per bidder. February 2D17 County of Fresno Page 7 of 59 `y Lc� Quotation No.17-D59 INSTRUCTIONS TO BIDDERS If the Owner finds that it will 6e unable to award the contract(s)within 6D calendar days after the opening of bids,the Director may request any or all bidders to extend all terms of their bid(s)to a specified date, Additional such extensions may possibly be requested. If a bidder does not elect to extend the terms of his or her bid beyond the 6D calendar days following opening of bids, or does not respond within 10 days to a request for an extension,that bidder's bid will be deemed as having expired 60 calendar days following opening of the bids,and that bidder's bid will not be considered for award of the contract. The successful bidders will be notified by letter,mailed to the address shown on his bid,that his bid has been accepted and that he has been awarded the contract. Award Notices are tentative.Acceptance of an offer made in response to this RFD shall occur only upon execution of an agreement by both parties or issuance of a valid written Purchase Order by Fresno County Purchasing. The right is reserved to reject any or all bids,to waive technicalities,to advertise for new bids, or to proceed to do this work otherwise, if in the judgment of the awarding authorities the best interests of the County will be promoted thereby. Upon award of bid,the bidder shall submit to County Facilities Business Office a completed IRS Form W-9-Request for Taxpayer Identification Number and Certification and a California Form 590 Withholding Exemption Certificate if not currently a County of Fresno approved Contractor. After award,all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 1.14 APPEALS Appeals must be submitted in writing within seven(7)working days after notification of proposed recommendations for award. A"Notice of Award"is not an indication of County's acceptance of an offer made in response to this RFD. Appeals should be submitted to County of Fresno Purchasing,4525 E. Hamilton Avenue,Fresno,California 93702-4599. Appeals should address only areas regarding RFD contradictions,procurement errors,quotation rating discrepancies,legality of procurement context,conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFD process. Purchasing will provide a written response to the complainant within seven(7)working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of Purchasing,he/she shall have the right to appeal to the Purchasing Agent/CAD within seven (7)business days after Purchasing's notification;except if,notified to appeal directly to the Board of Supervisors at the scheduled date and time, If the protesting bidder is not satisfied with Purchasing Agent/CAO's decision,the final appeal is with the Board of Supervisors. 1.15 CANCELLATION OF AWARD The awarding authority reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties without any liability against the County. 1.16 CONTRACT BONDS The bidder to whom award is made shall enter into an agreement based on their proposal submitted in response to this RFD.The bidder shall sign such agreement within seven (7) calendar days of County requesting such signature. The agreement will be submitted to the Fresno County Board of Supervisors following signature by the awarded bidder. Failure of the awarded bidder to accept and sign the Agreement within seven(7)calendar days of request shall result in the bidder's forfeiture of the twenty-five thousand dollar($25,000,00)bid guarantee that is required under this RFD. The successful bidders shall furnish a faithful performance bond in the amount of 100 percent of the Maximum Contract Amount and a payment bond in the amount of 100 percent of the Maximum Contract Amount. Each bond specified in this Notice (bid bond, faithful performance bond and payment bond)shall meet the requirements of all applicable statues,including but not limited to those specified in Public Contract Code section 20129 and Civil Code section 3248:said bonds shall be submitted in triplicate. 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 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. February 2017 County of Fresno Page 6 of 59 Z, C�00 Notation No.17-059 INSTRUCTIONS TO BIDDERS The contract form is attached hereto for the Contractor's information only. Execution of the contract by bidders will not be required,until after the bid award is made.Liability and Workers Compensation Insurance requirements shall be as set forth in the Agreement. 1.17 POST-BID/PRE-AWARD INFDRMATION The apparent low bids will be determined an the basis of the Award Criteria Figure.The apparent low bidders will be notified by mail after bid opening day. Upon receipt of notification,the apparent low bidders must complete the Pre-Award forms found in these Bidding Documents.The Bidders shall complete and return these forms to the Owner within 5 days of receiving notification. The County may request that bidders other than the apparent low bidders submit similar information,for the purpose of evaluating bids. Upon completion of the bid evaluation process,information submitted by other than the apparent low bidder will be returned upon request. I.I& PARTICIPATION: Bidder may not agree to extend the terms of the resulting contract to other political subdivision,municipalities and tax-supported agencies. 1.19 PURCHASING LOCATION 6 HOURS: Fresno County Purchasing is located at 4525 E. Hamilton Avenue (second floor), Fresno, CA 93702. Non-holiday hours of operation are Monday through Friday,8:00 A.M. to 12:00 Noon and 1:00 P.M. to 5:00 P.M. PST:Purchasing is closed daily from 12:00 Noon to 1:00 P.M. The following holiday office closure schedule is observed: January I* New Year's Day Third Monday in January Martin Luther King,Jr.'s Birthday Third Monday in February Washington-Lincoln Day March 31* Cesar Chavez'Birthday Last Monday in May Memorial Day July 4* Independence Day First Monday in September Labor Day November II* Veteran's Day Fourth Thursday in November Thanksgiving Day Friday following Thanksgiving December 25* Christmas * When this date falls an a Saturday, the holiday is observed the preceding Friday. If the date falls on a Sunday,the holiday is observed the following Monday. February 2017 County of Fresno Page 9 of 59 February 2017 County of Fresno Page 10 of 59 Guotation No.17-059 GENERAL CONDITIONS TABLE OF CONTENTS SECTION PAGE iO| IDENTIFICATION OF CONTRACT,----_........................................................................... ----'------_---_---__-]3 1.02 CORRELATION DF CONTRACT DOCUMENTS..............................................................................................................------------_-]3 |.D% DEFINITIONS....................................................................................................................................................................---------------Q |.[M CONTRACT ODCUN[0S SPECIFICATIONS AND DRAWINGS... ....................................... ................................................................-----]5 05 CONTRACTOR RESPONSIBILITIES......................................................................................................................................................................JG 0GSUB-CONTRACTORS........................................................................................... ---'_--_-_-----_---_--_-_-|8 1.0 PREROGATIVE DF OWNER--...................................................................................................................... ----------------_--0 08 CONTROL OF THE WORK...................................................... ...........................---_---_-----------_------__0 03 INSPECTION........................--.........................................................................-_--------------------------------0 UD TAXES,PERMITS,FEES,AND INDEMNIFICATION FOR PATENT INFRINGEMENT CLAIM.................. .....................-....................................|B U| PAYMENT-----_----_ .............................................................................. ------'__-'__-'_--------_JB 1.12 CHANGES 0 THE JOB ORDER ................................................... ............................................ ......................................................................2| 1,13 ASSIGNMENT O[MONEYS............................................................................................ ___-__ | iM GUARANTEE 0 WORK--------------------------------------_--------.-----_----_2| 1.15 RESPONSIBILITY FOR DAMAGE--------------..................-_ ........................................................................................... -22 |]G RESOLUTION OF CONTRACT CLAIMS......................................................................................................................................................................22 1.17 INSURANCE...........................................................................................-- ...................................................................................................... 24 UDBONDS L--..............................................................................................................-..............................................................................................25 US RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT.......................................................................................................................................... G 120 PRE-80 CONFERENCE,........................................................................................................................................................................................... G 0 CONFIDENTIALITY OF|NN0I3/WARO%/PAOENT3/CUENT3IDENTITY................... ................ ..................................................... _2G |22 SCOPE OF WORK AND PROCEDURE FOR ORDERING uuINTENT OF CONTRACT DOCUMENTS-........................................................................ -............................................................................ _ 32 |24� BUILDING PERMIT........................................................................................................................................................................... ---................J2 |25 CODES AND REGULATIONS........................................ --.................................................................................................................................32 1213 COORDINATION OF WORK................ ---.-_-----------------------------------------...32 1.27 WORK DAY..................... 32 1.28 SCHEDULE O[OPERATION........................................................................................ ..............................................................................................32 128 COOPERATION BETWEEN CONTRACTORS.........................- .................................................................-.........................................................32 Guotation No.17-059 GENERAL CONDITIONS 1.31 FIRE PROTECTION AND FIRE| 132 DUST SEPARATION AND PROTECTIVE BARRICADES..................................................... ----------..............--...............................% 1.33 DAMAGE 0 EXISTING WORK.-------------_----- .........................................----........... ------'__33 1.0 PROTECTION OF ALARM,SECURITY,COMMUNICATIONS,AND COMPUTER%YSTEN% ................................. —........... ........ _ ..........3% 1.35 SECURITY _�O ---------------------------_-----_--_--____—_—__—__—__________________ i%G PARKING................................................ —...............-- ........... —.................... —__............... ............... _____ .................____^° 137 RECORD DRAWINGS.................. ....................-----...........---..........--............-------................................................. a* iOOGUARANTEE/WARRANTY RESPONSE.................................................—.......... ---........... —..............................--..............-- ...........8 09 TRENCHING AND EXCAVATION............................................... ............. ...........---.......... ..........................................................................34 1.40 ASBESTOS CONTAINING MATERIAL(ACH------------------------------_----------------..34 1.0 RIGHT 0 AUDIT-...................................................'--'---- .................................--...............—'---- ................ ............._3a ATTACHMENT: HOSTAGE POLICY ATTACHMENT: SAMPLE AGREEMENT CO F Quotation No.17-059 GENERAL CONDITIONS GENERAL CONDITIONS 1.01 IDENTIFICATION OF CONTRACT The Contract Documents shall be signed by the Contractor and Owner, but, in case they(other than Agreement) are found to lack such signature. identification by the Director is deemed sufficient and conclusive. 1,02 CORRELATION OF CONTRACT DOCUMENTS The Contract Documents are complementary and anything called for by one shall be supplied as if called for by all,providing it comes clearly within the scope of the Contract. 1.03 DEFINITIONS The following words,or variations thereof,as used in these documents have meanings as defined: 8, Owner - The County of Fresno, State of California, as represented by the Fresno County Board of Supervisors and so named in the Agreement. b. Director-The Director of Department of Internal Services,County of Fresno, acting Either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them,which ever department issues the Notice to Proceed to the Contractor. C. Architect or Engineer - The Director of Department of Internal Services or the Director of Department of Public Works and his/her authorized agents as defined in Section 1.03(b),or a duly licensed Architect or Engineer providing consultant services in accordance with an agreement with the Owner. d. Contractor-When used in the General Conditions refer to: person,persons,entity,co-partnership:or corporation so named in Agreement; when used in the body of the Contract Documents,refers to the Contractor for that specific work,whether it be the General Contractor, Sub-Contractor,or other Contractor. 0. Sub-Contractor-Person,persons,entity,co-partnership or corporation having direct contract with Contractor. f. Adjustment Factor-is the Contractor's competitively bid price adjustment to the Unit Prices published in the Construction Task Catalog®. 9. Bid Documents - Notice to Contractors; the Instructions to Bidders; General Conditions, the Construction Task Catalog®, the Technical Specifications(CTC and Technical Specifications on compact disk);any specifications incorporated by reference;and any Addenda issued by the County. fi. Construction Task Catalog®(CTC)-is a comprehensive listing of specific construction related tasks identified by the Owner together with a specified unit of measurement and Unit Price. i. Contract Documents-Bid Documents and any amendments,modifications,or revisions to the Bid Documents;all Job Orders issued under the Contract; all amendments, modifications, or revisions to the Contract;the Contractor's bid;surety bonds; certificates of insurance: County notification to the Contractor that Work is needed;County Requests for Proposals;and any design drawings provided by the County with the Job Orders. j. Final Completion of the Job Order-the last date an which all of the following events have occurred:the County has determined that all Punch List Work and any other remaining Work have been completed in accordance with the Contract Documents; final inspections have been completed and all operations systems and equipment testing have been completed:the issuance of final occupancy certifications(if any):all deliverables have been provided to the County and all contractual requirements for final payment have been completed. k. Job Order Contract(JOC)-also referenced herein as"the Contract":a competitively bid,firm fixed-price,indefinite-quantity contract for accomplishing construction and construction-related services.Work is accomplished through the issuance of individual Job Orders.Each Job Order issued under the Contract will be a firm fixed priced for accomplishing a specific construction task or Project. L Key Personnel-those job titles and the persons assigned to the following positions or their equivalents:Senior Project Manager,Project Manager,Estimator,Scheduler and Superintendent. February 2017 County of Fresno Page 13 of 59 Ivb °F Quotation No.17 D59 GENERAL CONDITIONS M. Maximum Contract Value-the maximum potential value of the Contract as defined in the Notice to Contractors. n. Minimum Contract Value-the minimum value of the Contract as defined in the Notice to Contractors.The Owner has no obligation to give the Contractor the opportunity to perform Job Orders beyond the Minimum Contract Value. o. Non Pre-priced(NPP)Tasks-the units of Work that are not included in the Construction Task Catalog®but are required by the Detailed Scope of Work. P. Normal Working Hours - between the hours of 7:00 AM to 5:00 PM, Monday through Friday, inclusive. Saturdays. Sundays, and County holidays are excluded. q. Notice of Completion-a form issued by the County indicating that the Work is complete and fixing the date of completion. The form is signed by the County and filed with the County Recorder.The County,at its sole discretion,may elect not to issue a Notice of Completion on any individual Job Order. r. Notice to Proceed-written authorization from the County for the Contractor to commence a Job Order. S. Other than Normal Working Huuvs- Work done between the hours of 5:00 PM to 7:00 AM,an week days and any times during Saturday, Sunday.and County holidays. t. Plans-the drawings,sketches,illustrations,specifications or other pertinent information included on or attached to the Job Order. U. Pre-priced Task—An item of work included in the Construction Task Catalog®for which a unit price is given. V. Project-collectively,the improvements to be constructed by the Contractor pursuant to one or more Job Orders. w. Jab Order Price Proposal — A price proposal prepared by the Contractor that includes the Pre-priced Tasks, Non Pre-priced Tasks, quantities,and appropriate Adjustment Factors required to complete the Detailed Scope of Work. X. Job Order Proposal - the Contractor's irrevocable offer to perform Work associated with a dub Order and refers to the Contractor prepared document quoting a firm fixed Job Order Price and schedule for the completion of a specific Detailed Scope of Work. The Contractor's Job Order Proposal must be on forms provided by the County and in an electronic version compatible with the County's systems. The Job Order Proposal may also contain approved drawings,work schedule,permits,or other such documentation as the County might require for a specific Job Order. y. Job Order Price—The value of the approved Job order Price Proposal and the amount a Contractor will be paid for completing a Job Order. Z. Job Order Completion Time—The time within which the Contractor must complete the Detailed Scope of Work. as Joint Scope Meeting—A site meeting to discuss the work before the Detailed Scope of Work is finalized. bb. Punch List Work-a compilation of minor items that have not been completed in accordance with an individual Job Order and the Contract Documents.Whether an item is Punch list Work or necessary for completion shall be determined in the sole discretion of the County. cc. Request for Proposal(RFP)-the County's written request to the Contractor for a Proposal for the Detailed Scope of Work referenced in a specific Job Order. dd. Detailed Scope of Work-shall mean the complete description of services to be provided by the Contractor under an individual Job Order. ee. Job Order - the documents that indicate the Work to be accomplished under this Contract. The County will be responsible for the development of the Job Order as well as the inspection and acceptance of the Work contained within the Job Order.The County will review the Contractor's Proposal and if acceptable,shall issue a Job Order for the Work described therein.Each Job Order shall include a Detailed Scope of Work,a lump sum,firm fixed Job Order Price Proposal from the Contractor based upon the Construction Task Catalog@ or NPP Task formula in Paragraph 3.04 of the Supplemental general Conditions,whichever is applicable,time for completion of the Work,and any special conditions that might apply to that specific Job Order,such as Liquidated Damages. The County also reserves the right to issue a Jab Order to the contractor for a Jab Order Price Proposal that is generated by the County that in the opinion of the Owner, best represents the Detailed Scope of Work(DSOW)for such project. ff. Unit Price-refers to the price published in the Construction Task Catalog@ for a specific construction or construction-related task.The February 2017 County of Fresno Page 14 of 59 'C 0- Duotation No.17-059 GENERAL CONDITIONS Unit Prices are fixed for the duration of the Contract. Each Unit Price is comprised of the labor, equipment and materials costs to accomplish that specific task. 99. Work-the Contractor's furnishing of all labor,materials,equipment and other incidentals necessary or convenient to the completion of an individual Job Order. hh. Technical Specifications: the written requirements for materials, equipment, systems, standards and workmanship for the work and performance of related services. 1.04 CONTRACT DOCUMENTS,SPECIFICATIONS AND DRAWINGS a. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents,the order of precedence shall be as follows: I Permits from other agencies as may be required by law 2 Permits issued by the Owner 3 Changes to Job Orders 4 Job Orders 5 Agreement 8 Contractor's Bid(Bid Form) 7 Addenda 8 General Conditions 9 Technical Specifications(Divisions 2 through 19) 10 Construction Task Catalog® 11 Reference Specifications 12 Instruction to Bidders 13 Notice To Contractors b. Division of Contract Documents - for convenience of reference and to facilitate the letting of independent contracts, the Contract Documents may be separated into certain sections;such separation shall not operate to oblige the Director only or designee to Establish the limits of any contract between the Contractor and Sub-Contractor each of whom shall depend upon his/her own contract stipulations. The General Conditions apply with equal force to all work,including extra work. C. Discrepancies-Should the Contractor,at any time,discover a mistake in any of the Contract Documents or any discrepancy therein,or any variation between dimensions an the Contract Documents and measurements at site,or any lacking of dimensions or other information,he shall report at once to the Director for correction and shall not proceed with the work affected thereby until such correction has been made. d. Shop Drawings-Mill drawings.shop drawings,setting diagrams,schedules,maker's specifications and illustrations requisite for the various parts of the work shall he provided and promptly submitted by the Contractor.These shall be submitted in duplicate or as directed,shall be corrected if necessary and resubmitted until review by the Director is complete,after which corrected copies of each shall be filed with him and the necessary additional copies supplied for use in connection with the work. Corrections or comments made on the shop drawings during this review do not relieve the contractor of his/her responsibility to comply with the requirements of the drawings and specifications. This review is only to check for general conformance with the design concept of the project and general compliance with the Contract Documents. The Contractor remains responsible for: confirming and correlating all dimensions and quantities; selecting fabrication processes and techniques of construction: coordinating the work of the trades; and performing the work in a safe and satisfactory manner 0. Trade Names and Alternatives-The intent of the specifications is to specify high-grade standard equipment,and it is not the intent of these February 2017 County of Fresno Page 15 of 59 o / , Quotation No.17-059 GENERAL CONDITIONS specifications to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those mentioned herein. Wherever an article,or any class of materials,is specified by the trade name or by the name of any particular patentee, manufacturer or dealer,it shall be taken as intending to mean and specify the article of material described or any other equal thereto in quality,finish and durability,and equally as serviceable for the purpose for which it is or they are intended. f. Materials-All materials,unless otherwise specified,shall be new and of good quality,proof of which shall be furnished by the Contractor;in case of doubt as to kind or quality required,samples shall be submitted to the Director who will specify the kind and use of the material appropriate to the location and the function of the item in question and Contractor shall furnish such accordingly. 1.05 CDNTRACTOR RESPONSIBILITIES a. Supervision Procedures 1. The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which he is remunerated in the contract Adjustment Factors. He shall carefully inspect the site and study and compare all contract Documents and other instructions,as ignorance of any phase of any of the features or conditions affecting the Contract will not excuse him from carrying out its provisions to its full intent. 2. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the project site during the progress of the work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor.The Contractor shall identify in writing the name and experience of the Superintendent for Dwner review. A Contractor superintendent shall not manage more than four(4)projects that are in construction at any one time. 3. The Contractor shall be responsible to the Owner for the acts and omissions of his/her employees,subcontractors and their agents and employees,and other persons performing any of the work under a contract with the Contractor. 4. The Contractor shall at all times enforce strict discipline and good order among his/her employees and shall not employ on the work any unfit person or anyone not skilled in the task assigned to him. 5. The Contractor shall not be relieved from his/her obligations to perform the work in accordance with the Contract Documents either by the activities or duties of the Director in his/her administration of the Contract,or by inspections,tests or approvals required or performed by persons other than the Contractor. b. Construction Procedures 1. Means and Methods - The Contractor shall be solely responsible for and control of construction means, methods, techniques. sequences and procedures for all the work of this contract. Additionally,he shall be responsible for safety precautions and programs in connection with the work.The Contractor shall be accountable for all acts of omission of his/her employees,subcontractors,or any of their agents and employees or any other persons performing any of the work of this Contract. 2. Progress Schedule-The Contractor,immediately after being awarded a Job Order,shall update the schedule submitted as part of the Proposal and submit for the Owner's information an estimated progress schedule. 3. laws of City,County and State-The Contractor most comply with all rules,regulations and ordinances of the County in which the work is being done,and all Local,State,and Federal laws pertaining to the work. 4. Safeguards-The Contractor shall provide,in conformity with all local codes and ordinances and as may be required,such temporary walls, fences, guard-rails, barricades, lights, danger signs, enclosures, etc., and shall maintain such safeguards until all work is completed. 5. When the Owner furnishes equipment or materials to the Contractor for use or inclusion in the Work,the Contractor's responsibility for all such equipment and materials shall be the same as for materials furnished by the Contractor. G. Housekeeping-Contractor shall keep the premises free of excess accumulated debris. Clean up as required and as directed by the Engineer. At completion of work all debris shall be removed from the site. February 2017 County of Fresno Page 16 of 59 O J Iu To, Quotation No.17-O59 GENERAL CONDITIONS 7. Contractor's Right to Stop Work or Terminate Contract-If through no fault of the Contractor or of anyone employed by him(1)the work is stopped by order of any court or governmental authority,or(2)the Owner fails to issue any certificate for payment within Forty-five days after it is due or(3)the Owner fails to pay the Contractor within Forty-five days after its presentation, any sum certified by the Owner or awarded by arbitrators,then the Contractor may,upon ten days'written notice to the owner,stop work or terminate the contract,and the Owner shall be liable to the Contractor for any loss sustained and reasonable profit. B. Hazardous Substances-With the invoice or within twenty-five(25)days of delivery,the seller must provide to the County a Material Safety Data Sheet for each product,which contains any substance an"The list of BOO Hazardous Substances",published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act,California State labor Code Sections 6366 through 6399.7) 9. Recycled Products/Materials—Contractors are encouraged to provide recycled or recyclable products/materials which meet stated specifications per Job Order. C. Confidentiality-All services performed by contractor shall be in strict conformance with all applicable Federal,State of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code,California Welfare and Institutions Code,Health and Safety Code,California Code of Regulations,Code of Federal Regulations. Contractor shall submit to County's monitoring of said compliance. Contractor may be a business associate of County,as that term is defined in the"Privacy Rule"enacted by the Health Insurance Portability and Accountability Act of 1996(HIPAA). As a HIPAA Business Associate,contractor may use or disclose protected health information("PHI") to perform functions,activities or services for or on behalf of County as specified by the County,provided that such use or disclosure shall not violate HIPAA and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County,as the"Covered Entity"under HiPAA's Privacy Rule,except as authorized for management,administrative or legal responsibilities of the Business Associate. Contractor shall not use or further disclose PHI other than as permitted or required by the County,or as required by law without written notice to the County. Contractor shall ensure that any agent, including any subcontractor, to which contractor provides PHI received from, or created or received by the contractor on behalf of County,shall comply with the same restrictions and conditions with respect to such information. d. Patent Indemnity-The contractor shall hold the County,its officers,agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention,article or appliance furnished or used in connection with this contract. e. Data Security—Contractor shall employ adequate controls and data security measures,both internally and externally to ensure and protect the confidential information and/or data provided to contractor by the County, preventing the potential loss, misappropriation or inadvertent access,viewing,use or disclosure of County data including sensitive or personal client information;abuse of County resources; and/or disruption to County operations. Individuals and/or agencies may not connect to or use County networks/systems via personally owned mobile, wireless or handheld devices unless authorized by County for telecommuting purposes and provide a secure connection;up to date virus protection and mobile devices must have the remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not be used (County or Contractor device)or brought in for use into the County's system(s)without prior authorization from County's Chief Information Officer and/or designee(s). No storage of County's private,confidential or sensitive data on any hard-disk drive,portable storage device or remote storage installation unless encrypted according to advance encryption standards(AES of 128 bit or higher). The County will immediately be notified of any violations, breaches or potential breaches of security related to County's confidential information,data and/or data processing equipment which stores ar processes County data,internally or externally. County shall provide oversight to Contractors response to all incidents arising from a possible breach of security related to County's confidential client information. Contractor will be responsible to issue any notification to affected individuals as required by law or as February 2017 County of Fresno Page V of 59 C Notation No.17-059 GENERAL CONDITIONS deemed necessary by County in its sale discretion. Contractor will be responsible for all costs incurred as a result of providing the required notification. f. Contractor shall perform as required by the ensuing contract. Contractor also warrants on behalf of itself and all subcontractors Engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 1.06 SUB-CONTRACTORS a. Agreements-Agreements between the Contractor.Sub-Contractors,and Sub-Contractors of lower tier shall be subject to the approval of the Owner,but in no case does such approval relieve the Contractor of any conditions imposed by the Contract Documents.Subcontractors may be added,deleted or substituted only in accordance with the provisions of Public Contract Code Section 410U at seq. b. Relation with Sub-Contractor-The Contractor shall bind every Sub-Contractor and every Sub-Contractor agrees to be bound by the terms of the Contract Documents to carry out their provisions insofar as applicable to their work;and the Contractor further agrees to pay to each Sub-Contractor promptly upon issuance of Certificate of Payment,his/her or their due portion. C. Owner's Relation-Neither the acceptance of the name of Sub-Contractor nor the suggestion of such name nor any other act of the Owner nor anything contained in any Contract Document is to be construed as creating any contractual relation between the Owner and any Sub- Contractor of any tier. d. A Contractor that conducts or participates in bid shopping or bid peddling after the award of this contract shall not receive any additional Job Orders under this contract,and such conduct shall be grounds for immediate termination of this Contract. a. The Owner reserves the right to reject any proposed subcontractor,installer,or supplier who cannot show satisfactory evidence of meeting the qualifications required by the Contract Documents. In the event of such rejection,the Contractor shall,within the time frame listed for submittal of revised Proposals,submit the name and qualifications of a replacement subcontractor,installer or supplier satisfactory to the Owner. Such replacement submittal shall be in accordance with all Contract Documents. f. No adjustment of Job Order Price shall be made in the event of such replacement. 9. When an individual Job Order utilized Federal Funds and the County elects to require DBE participation.the Contractor shall follow the Federal Bond faith Effort requirements for inclusion of DBE subcontractors and suppliers. (All Job Orders that have federal funding shall follow the reporting requirements listed in the Grantees'funding documentation as directed by the County Project Manager. 1.07 PREROGATIVE OF OWNER The Owner may perform or employ others to undertake portions of work persistently neglected by the Contractor, provided that, after three days' written notice to the Contractor,work is still undone. In such case,the work shall be done under direction of the Director or designated County Official or designee and the cost deducted from the amount of next payment falling due to the Contractor. Such action shall,in no way,affect the status of either party under contract,nor be held as a basis of any claim by the Contractor for damages or extension of time. 1.08 CONTROL OF THE WORK The Director after contract is signed, is assumed to be just and unbiased Arbiter between parties thereto and the entire work is under his/her jurisdiction to such end. It is his/her function to interpret the Contract Documents;pass upon merits of materials and workmanship,compute amounts of and issue certificates for all payments to which Contractor may be entitled;decide upon all deductions from and additions to the Job Order Price resulting from alterations after letting of Job Order;determine amount of damages accruing to either Party from any cause;or conferences at any time during the progress of the work and such order shall require the Contractor and any or all Sub-Contractors or other Contractors to attend:and perform any other duties hereinafter stated within his/her province. It shall be the responsibility of the Director or designee to make written decisions in regard to all claims of the Owner or Contractor and to interpret the Contract Documents on all questions arising in connection with the execution of the Work. Orders from the Director shall be in writing only,properly signed:no oral orders from Director nor from anyone acting for him shall be considered binding in case of dispute and no one, other than the Owner, or the Director acting for him, has authority to order changes involving extras or deductions. Superintendents up Inspectors may be assigned by the Owner and/or Engineer to assist them in the conduct of the work and these February 2017 county of Fresno Page 18 of 59 tr G 4 � Quotation No.17-059 GENERAL CONDITIONS persons shall be entitled to the same free access to all parts of work,and the degree of authority of such employees to act for the Engineer is as prescribed for the Engineer,such employees acting within the scope of the particular duties entrusted to them. Authority to stop the work is vested in the Director and may be involved whenever he deems such action necessary to insure proper execution of the Contract and Work may not thereafter be resumed until the Director has given written consent. 1.09 INSPECTION All material and workmanship (if not otherwise designated by the Contract Documents)shall be subject to inspection, examination,and test by the Director or designated County Official at any and all times during manufacture and/or construction and at any and all places where such manufacture and/or construction are carried on. The Director shall have the right to reject defective material and workmanship or require its correction. The Contractor shall furnish promptly without additional charge, all reasonable facilities,labor,and materials necessary for the safe and convenient inspection and tests that may be required by the Director. Should it be considered necessary or advisable by the Director at any time either before acceptance of the entire work or after acceptance and within the guaranty period to make an examination of work already completed,by removing or tearing out same,the Contractor shall on request promptly furnish all necessary facilities,labor,and material. If such work is found to be defective in any material respect,due to the fault of the Contractor or his/her Sub-Contractors,he shall defray all the expenses of such examination and of satisfactory reconstruction. If,however,such work is found to meet the requirements of the contract,cost necessarily involved in the examination and replacement,as determined by use of the Construction Task Catalog®,shall be allowed the Contractor and he shall,in addition,if completion of the work has been delayed thereby,be granted a suitable extension of time on account of the additional work involved. When the work is completed the Contractor shall notify the Owner in writing that the work will be ready for final inspection and test on a definite date which shall be stated in such notice. 1.10 TAXES,PERMITS,FEES,AND INDEMNIFICATION FOR PATENT INFRINGEMENT CLAIM The Contractor shall pay for and include all Federal,State and local taxes direct or indirect upon all materials,and take out and pay all fees and charges for permits and licenses,unless otherwise specified in the Job Order or Technical Specifications of these specifications. Royalty and license fees incidental to the use of any patented material,device or process shall be paid by the Contractor and in the event of a claim of alleged infringement of patent copyright,or Trade Secret rights,the Contractor shall indemnify,save the Owner free and harmless,and defend,at the Contractor's own expense,any and all suits that may be brought in such connection. 1.11 PAYMENT Payments shall be made on inspected and approved Work only. If an individual Job Order requires 45 days or less for completion,the Owner will normally make one payment to the Contractor after the Notice of Completion, if required by the County, and retainage shall be paid after final acceptance of all Work contained under the Job Order and all Contract requirements for final payment have been satisfied.For Job Orders requiring greater than 45 days performance period,the Owner will consider a request for partial payments to the Contractor,not more than monthly. The Owner will make progress payments to the Contractor upon completion of portions of the work, as covered by the contract,in accordance with established County procedures: a. Before payment is made,the Contractor shall prepare for the Director's approval a statement covering the actual work completed under the terms of the Job Order.A schedule of values listed by"CSI"or"Category"from the Contractors Job Order Price Proposal may be utilized for said schedule of values. b. In making such payment there shall be a retention of five(5%)percent of the payment requested.If,after 50 percent of the work of the Job Order has been completed,the Director finds that satisfactory progress is being made,the Director may reduce the retention to two and one half(2%z%)percent of the amount requested. In addition,after 97.5%percent of the work has been completed,the Director may reduce the amount withheld to such lesser amount as the Director determines to be adequate security for the fulfillment of the balance of the work and other requirements of the contract. In no event will said amount be reduced to less than 125%percent of the estimated value of the work yet to be completed, as determined by the Director. Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety upon the Performance Bond and the surety upon the Payment Bond.The signature February 2017 County of Fresno Page 19 of 59 .,8 P Quotation No.17-959 GENERAL EMITIONS of persons executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing him to give such consent must accompany the approval document. 1. Substitution of securities for any moneys withheld by the Owner to ensure performance under a contract shall be permitted,provided that substitution of securities provisions shall not apply to contracts in which there will be financing provided by the Farmers Nome Administration of the United Stated Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act(7 O.S.C. SEC.1921 et seq.),and where federal regulations or policies,or both,do not allow the substitution of securities. 2. At the request and expense of the Contractor and in compliance with Public Contract Cade Section 22300,securities equivalent to the amount withheld pursuant to these specifications shall be deposited by the Contractor with the Owner, or with a state or federally chartered bank as the escrow agent,who shall then pay such withheld amounts to the Contractor upon written authorization of the Owner. 3. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loans certificates of deposit,interest bearing demand deposit accounts,standby letters of credit,or any other security mutually agreed to by the contractor and the Owner. 4. Securities to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor. 5. The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. 6. The Contractor shall enter into an escrow agreement satisfactory to the Owner, which agreement shall substantially comply with Public Contract Code Section 22300. 7. The Contractor shall obtain the written consent of the surety to such escrow agreement. C. All material and work covered by progress payments made shall thereupon become the sole property of the Owner,but this provision shall not be construed as relieving the Contractor from the sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract, d. Upon completion and acceptance of all work whatsoever required,and the release of all claims against the Owner as specified,the Director shall file a written Notice of Completion,if required by the County,with the County Recorder as to the entire amount of work performed. e. Forty-five(45)days after the filing of such Notice of Completion,if required by the Owner,the Owner will pay to the Contractor the amount therein stated, except as provided in paragraph 2.11-g, less all prior payment and advances whatsoever to or for the account of the Contractor, and less material and labor claims duly filed with the Owner on account of this contract. All prior estimates and payments including those relating to extra work shall be subject to correction by this final payment which is referred to throughout this Contract as the Final Payment. f. The acceptance by the Contractor of the final payment shall be and shall operate as a release to the Owner of all claims and of all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work,excepting the Contractor's claims for interest upon final payment,if this payment be improperly delayed. No payments,however,final or otherwise shall operate to release the Contractor or his/her sureties from any obligations under this contract or the Performance and Payment Bonds. g, Payments may be withheld in the whole or in part if such course be deemed necessary to protect the Owner from loss on account of the failure of the Contractor to(1) meet his/her obligations, (2)expedite the work,(3)correct rejected work, (4) settle damages as herein provided, (5)produce substantial evidence that no claims will be or have been filed, or(6) that unpaid balances may be insufficient to complete the work. h. The Contractor shall pay: 1. For all transportation and utility services not later than the 20th day of the calendar month following that in which such services are rendered. 2. For all materials,tools,and other expendable Equipment to the extent of 90 percent of the cost thereof,not later than the 20th day of the calendar month following that in which such materials,tools and equipment are delivered at the site of the project,and the balance February 2017 County of Fresno Page 20 of 59 N Quotation No.17-059 GENERAL CONDITIONS of the cost thereof not later than the 30th day following the completion of that part of the work in or on which such materials,tools and equipment are incorporated or used. 3. To each of his/her Sub-Contractors,not later than the tenth day following each payment to the Contractor,the respective amounts allowed the Contractor on account of the work performed by his/her Sub-Contractors,including that work performed and paid for under a Change to the Job Order as provided in Section 2.12,to the extent of Each Sub-Contractor's interest therein, 1.12 CHANGES TO THE JOB ORDER a. Changes Requested by the Owner-The Owner may,without invalidating the Job Order, order changes, modifications,deletions,and extra work by issuing additional written Job Orders during the progress of the Work. The Contractor shall not be entitled to compensation for any extra work performed unless the Director has issued an additional written Job Order designating 6)the extra work to be performed,(ii)the price of the extra work.and(iii)the time for completion of the extra work. If the Owner orders work added or deleted from the dab Order, the price for the additional Job Order shall be determined using the Procedure for Ordering Work set forth in 3.04 of the General Conditions. Credits for Pre-priced and Non Pre-priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate Adjustment Factors. The results is that a credit for Tasks that have been deleted from the Detailed Scope of Work will be given at IDO%of the value at which they were included in the original Job Order Price Proposal. b. Changes in the Work Claimed by the Contractor-The Contractor may request a change in the Job Order Price or an extension of time for completion of the Job Order due to changes in the Work that are not within the scope of the Job Order.The request must be in writing and must be submitted to the Owner prior to beginning the extra work. The Contractor shall not be Entitled to compensation for any extra work performed unless the Director has issued an-additional written Job Order designating(i)the extra work to be performed,(ii)the price 131 the extra work,and(iii)the time for completion of the extra work. If the Owner agrees that work is added to or deleted from the Job Order, the price for the additional Job Order shall be determined using the Procedure for Ordering Work set forth in Paragraph 3.04 of the General Conditions. C. Where the Contractor and the Owner disagree an the scope of,price of,and/or time for changes in the Detailed Scope of Work,the Owner may require the Contractor to perform such work under a written protest, pursuant to the Resolution of Contact Claims in 2.16 of these General Conditions. The Contractor's failure to submit a written protest to the Director within 5 days of beginning such work constitutes a waiver of any claim. 1.13 ASSIGNMENT OF MONEYS The Contractor shall not assign moneys due or to become due him under the contract without the written consent of the Auditor-Controller of Fresno County. Any assignment of moneys shall be subject to all proper set-offs in favor of the County of Fresno and to all deductions provided for in the contract and particularly all money withheld,whether assigned or not,shall be subject to being used by the County of Fresno for the completion of the work in the event that the Contractor should be in default therein. 1.14 GUARANTEE OF WORK All work shall be guaranteed by the Contractor,except as may be otherwise specified, against defects resulting from the use of inferior materials, equipment or workmanship for one year from the date of completion of the Job Order. If repairs or changes are required in connection with guaranteed work within any guaranteed period,which,in the opinion of the Owner is rendered necessary as the result of the use of materials,equipment or workmanship which are inferior,defective,or not in accordance with the terms of the contract,the Contractor shall,promptly upon receipt of notice from the Owner,and without expense to the Owner(1)place in satisfactory condition in every particular all of such guaranteed work,correct all defects therein,and(2)make good all damage to the building or site,or equipment or contents thereof,which, in the opinion of the Owner,is the result of the use of materials, equipment or workmanship which are inferior,defective, or not in accordance with the terms of the contract:and(3)make good any work or materials,or the equipment and contents of said building or site disturbed in fulfilling any such guarantee. If the Contractor disturbs any work guaranteed under another contract in fulfilling the requirements of the contract or of any guarantee,embraced in or required thereby,he shall restore such disturbed work to a condition satisfactory to the Director and guarantee such restored work to the same extent as it was guaranteed under such other contract. February 2017 County of Fresno Page 21 of 59 CO LtrT f, Quotation No.17-059 GENERAL CONDITIONS The owner may have the defects corrected if the Contractor,after notice,fails to proceed promptly to comply with the terms of the guarantee and the Contractor and his/her surety shall be liable for all expense incurred. All special guarantees applicable to definite parts of the work that may be stipulated in the Contract Documents shall be subject to the terms of this paragraph during the first year of the life of such special guarantee. 1.15 RESPONSIBILITY FOR DAMAGE Neither the Owner, the Director of Department of Internal Services,nor any officer or employee of the County or any incorporated city,or officer or employee thereof,within the limits of which the work is being performed,shall be answerable or accountable in any manner,for any loss or damage that may happen to the work or any part thereof:or for any of the materials or other things used or employed in performing the work:or for injury to any person or persons,either workmen or the public,for damage to property from any cause which might have been prevented by the Contractor,or his/her workmen,or anyone employed by him, against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard. The Contractor shall be responsible for any liability imposed by law for any damage to any person or property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before the completion and final acceptance. The Contractor agrees to indemnify,save,hold harmless and at the County's request defend the County,its all officers,agents,and employees 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 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 to any person,firm or corporation who may be injured or damaged by the performance or failure to perform,of contractor,its officers,agents,or employees under this agreement. 1.16 RESOLUTION OF CONTRACT CLAIMS Public works contract claims of three hundred seventy-five thousand($375,000)or less which arise between a Contractor and a local public agency shall be resolved in accordance with the provisions of Article 1.5(Sections 20104-201D4.6,inclusive)of Chapter I of Part 3 of Division 2 of the Public Contract Code.Article 1.5 requires that its provisions or a summary thereof be set forth in the plans and specifications for any work which may give rise to a claim thereunder.Accordingly,this contract incorporates all of the terms and conditions of Article 1.5,as follows: Article 1.5 Resolutions of Contract Claims 20104.(a)(1)This article applies to all public works claims of three hundred seventy-five thousand dollars($375,000)or less which arise between a contractor and a local agency. (2)This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1(commencing with Section 10240)of Chapter I of Part 2. (b)(1)"Public work"has the same meaning as in Sections 3100 and 31OG of the Civil Code,except that"public work"does not include any work or improvement contracted for by the state or the Regents of the University of California. (2)"Claim"means a separate demand by the contractor for(A)a time extension,(B)payment of money or damages arising from work done by or an behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to,or(C)an amount the payment of which is disputed by the local agency. (c)The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d)This article applies only to contracts entered into on or after January 1,1991. 20104.2 For any claim subject to this article,following requirements apply: (a)The claim shall be in writing and include the documents necessary to substantiate the claim.Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1)For claims of less than fifty thousand dollars($50,000),the local agency shall respond in writing to any written claim within 45 days February 2017 County of Fresno Page 22 of 59 Quotation No.17-059 GENERAL CONDITIONS of receipt of the claim,or may request in writing,within 30 days of receipt of the claim,any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2)If additional information is thereafter required,it shall be requested and provided pursuant to this subdivision,upon mutual agreement of the local agency and the claimant. (3)The local agency's written response to the claim as further documented shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1)For claims of over fifty thousand dollars($50,000)and less than or equal to three hundred seventy-five thousand dollars($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim,or may request,in writing,within 30 days of receipt of the claim,any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2)If additional information is thereafter required,it shall be requested and provided pursuant to this subdivision,upon mutual agreement of the local agency and the claimant. (3)The local agency's written response to the claim,as further documented,shall be submitted to the claimant within 30 days after receipt of the further documentation,or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation,whichever is greater. (d)If the claimant disputes the local agency's written response,or the local agency fails to respond within the time prescribed,the claimant may so notify the local agency in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed,respectively,and demand an informal conference to meet and confer for settlement of the issues in dispute,Upon a demand,the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) If following the meet and confer conference the claim or any portion remains in dispute,the claimant may file a claim pursuant to Chapter I(commencing with Section 900)and Chapter 2(commencing with Section 910)of Part 3 of Division 3.6 of Title I of the Government Code. For purposes of those provisions,the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his/her or her written claim pursuant to subdivision(a)until the time the claim is denied,including any period of time utilized by the meet and confer conference. 20104.4 The following procedures are established for all civil actions filed to resolve claims subject to this article: (a)Within 60 days,but no earlier than 30 days,following the filing or responsive pleadings,the court shall submit the matter to nonbinding mediation unless waived by the mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of disinterested third person as mediator,shall be commenced within 30 days of the submittal,and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period,any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute,the case shall be submitted to the judicial arbitration pursuant to Chapter 2.5(commencing with Section 1141.10)of Title 3 of Part 3 of the Code of Civil Procedure,notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3(commencing with Section 2016)of Chapter 3 of Title 3 of Part 4 of Civil Procedure)shall apply to any proceeding brought under this subdivision consistent with the rule pertaining to judicial arbitration. (2)Notwithstanding any other provision of law,upon stipulation of the parties,arbitrators appointed for purposes of this article shall be experienced in construction law,and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate,and such fees and expenses shall be paid equally by the parties,except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10)of Title 3 of Part 3 of the Code of Civil Procedure, any party who after February 2017 County of Fresno Page 23 of 59 t 85 p Notation No.17-059 GENERAL CEINDITIONS receiving an arbitration award requests a trial de nova but does not obtain a more favorable judgment shall,in addition to payment of costs and fees under that chapter,pay the attorney's fees of the other party arising out of the trial de nova. (c)The court may,upon request by any party,order any witnesses to participate in the mediation or arbitration process. Arbitrators shall be Experienced in construction law. 20104.13(a)No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b)In any suit filed under Section 20104.4.the local agency shall pay interest at the legal rate an any arbitration award or judgment. The interest shall begin to accrue an the date the suit is filed in a court of low. 1.17 INSURANCE Without limiting the County's right to obtain indemnification from Contractor or any third parties.Contractor,at its sale expense,shall maintain in full force and effect the following insurance policies or a program of self-insurance, including but not limited to,an insurance pooling arrangement or Joint Powers Agreement(JPA)throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars($1,000,000)per occurrence and an annual aggregate of Two Million Dollars($2,000,000). This policy shall be issued on a per occurrence basis. County may require specific coverages including completed operations, products liability, and contractual liability, Explosion-Collapse-Underground,fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars($50,000.00),or such coverage with a combined single limit of Five Hundred Thousand Dollars($500.000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability If Contractor employs licensed professional staff,(e.g.,Ph.D.,R.N.,L.C.S.W.,M.F.C.C.)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. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. E. All-Risk Insurance On The Work Contractor shall procure and maintain at Contractor's sale cost and expense,Builders Risk Course of Construction insurance,including fire and vandalism coverage, covering the entire work(including any County furnished material and equipment) against loss or damage until completion and acceptance by the County. Such insurance shall be for each Job Order in an amount up to the value of each Job and endorsed for broad form property damage,breach of warranty,demolition costs,and debris removal. Deductible not exceeding 5%of the cost will be permitted. Said policy to cover Contractor, Contractor's subcontractors,the County,its agents,the awarding entity,and any Trustee,under the indenture or trust agreement securing the bonds,certificates of participation,or other evidences of indebtedness issued to finance the work contemplated herein. The value of the policy shall be in U.S.currency, 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 of thirty(30)days advance written notice given to County. February 2017 County of Fresno Page 24 of 59 w rS6 1 Guotation No.17-059 GENERAL CONDITIONS Within thirty (30) days from the data 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-Facility Services,4590 E.Kings Canyon(toad, Fresno,CA 93702 Attn: Facilities Manager stating that such insurance coverage have been obtained and are in full force;that the County of Fresno, its officers, agents and employees will not be responsible for any 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 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;and that this insurance shall not be cancelled or changed without a minimum of thirty(30)days advance.written notice given to County. In the event Contractor 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. 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,Inc.rating of A FSC Vil or better. 1.18 BONDS Bid Deposit(Security): The bidder shall furnish a proposal guarantee consisting of a bid bond,cash,certified check,or cashier's check for twenty five thousand dollars WHOM. In the event a bidder or bidders fail to enter into an agreement(s)for the services offered under their bid(s),such bid deposit shall be forfeited to County. The bid deposit shall be in the form of a cashier's check,irrevocable letter of credit or a bid bond. The bidder's security when in the form of a cashier's check or bond shall be made payable to the County of Fresno. The bid deposit of the apparent successful bidder(s) shall be retained by County until the agreement(s) have been fully executed by the apparent successful bidder(s)and the County or until County determines that all bids have been rejected. All other bid deposits(except bonds)will be returned promptly following execution of all agreements or when all bids have been rejected. Bonds will he returned only upon written request from the bidder. Payment and Performance Bonds will be in place for all Job Orders in an amount equal to the sum of any outstanding Job Orders. Bonding Company Requirements: Each bond specified in this RFD(bid bond,faithful performance bond and payment bond)shall meet the requirements of all applicable statutes,including but nut limited to those specified in Public Contract Code section 20129 and Civil Code section 324B. Each bond specified in this RFD shall be issued by a surety company designated as an admitted surety insurer in good standing with and authorized to transact business in this state by the California Department of Insurance,and acceptable to the County of Fresno. Bidders are cautioned that representations made by surety companies will be verified with the California Department of Insurance. Additionally,the County of Fresno, in its discretion,when determining the sufficiency of a proposed surety company, may require the surety company to provide additional information supported by documentation. The County generally requires such information and documentation whenever the proposed surety company has either a Bests Key Rating Guide of less than B+or a financial size designation of less than Vlll, Provided,however,that the County expressly reserves its right to require all information and documentation to which the County is legally entitled from any proposed surety company. PERFORMANCE BOND: The successful bidders may be required to furnish a faithful performance bond. BONDS: The successful bidder will be required to furnish a Faithful Performance Bond and a Labor and Materials Bond in an amount equal to one hundred percent(100%)of the Maximum Contract Value. BONDING COMPANY: The company issuing bonds shall be a corporate surety admitted by the California Insurance Commissioner to do business in the State of California with an A.M Best rating of B++Vill or better. Contractor shall ensure that any subcontractors or other agents used in fulfilling the terms and obligations of this Agreement shall have the some level of insurance and indemnification required of Contractor. In the event Contractor 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. February 2017 County of Fresno Page 25 of 59 CYl ,l .. Quotation No 17-059 GENERAL CONDITIONS 1.19 RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT In case of default by Contractor,the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the Contractor or by proceeding against performance bond of the Contractor,if any,or by suit against the Contractor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Articles or services,which upon delivery inspection do not meet specifications, will be rejected and the Contractor will be considered in default. Contractor shall reimburse County for expenses related to delivery of non-specified goods or services. Regardless of F.O.B.point,Contractor agrees to bear all risks of loss,injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss,injury or destruction shall not release Contractor from any obligation hereunder. 1.20 PRE-810 CONFERENCE PRE-810 CONFERENCE: Prospective bidders must attend the Mandatory pre-bid conference. Refer to the Notice to Contractors. 1,21 CONFIDENTIALITY Of INMATES/WARDS/PATIENTS/CLIENTS IDENTITY Some of the Work to be done under this Contract may be done in secured facilities or facilities that require confidentially.Contractors shall alert and inform their employees that State law requires that the identities of inmates/viards/patients/clients be kept confidential. Revealing the identities of inmates/wards/patients/clients is punishable by law. 1,22 SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK a. Scope of Work 1. This is an indefinite-quantity contract pursuant to which the Contractor will perform an ongoing series of individual projects at different locations throughout the County of Fresno. This Contract is far construction services specified in the individual Job Orders and effective for the period of 12 months or the expenditure of the$2,000,000 Maximum Contract Value,whichever occurs first. The Maximum Contract Value may be increased by up to the sum authorized by Public Contract Code Section 20128.5 (currently approximately$4,500,000 million dollar).Any increase in the Maximum Contract Value will be by bi-lateral agreement. 2. The bid documents include a Construction Task Catalog®containing construction tasks with preset Unit Prices. All Unit Prices are based on local labor,material and equipment prices and are for the direct cost of construction. 3. The Contractor will be required to work at any of the Owner's facilities.The Owner makes no commitment as to the award of individual Job Orders.All costs associated with preparing Job Order Proposals shall be the responsibility of the Contractor. 4. Work or performance shall be made only as authorized by Job Orders issued in accordance with these General Conditions.The Contractor shall furnish to the Owner,the supplies or services specified in the Job Orders up to and including the Maximum Contract Value.The Owner shall give the Contractor the opportunity to perform at least the Minimum Contract Value of construction services designated in the Contract Documents. 5. The Scope of Work of this Contract shall be determined by individual Job Orders.The Job Order will reference the Detailed Scope of Work and set forth the Job Order Completion Time,and the Job Order Price. The Job Order Price is determined by multiplying the preset Unit Prices by the appropriate quantities and by the appropriate Adjustment factor. The Job Order Price shall be a lump sum, fixed price for the completion of the Detailed Scope of Work. A separate Job Order will be issued for each project. Extra work, credits, and deletions will be contained in additional Job Orders. The Contractor shall provide all pricing, management, design drawings, shop drawings, documents, Work, materials, supplies, parts (to include system components), transportation, plant, supervision, labor,and equipment needed to complete the Job Order,The Contractor shall provide quality assurance as specified in strict accordance with the Contract.The Contractor shall also be responsible for site safety as well as site preparation and cleanup. G. The Contractor shall conduct the Work in strict accordance with the Contract and all applicable federal, state, and local laws, regulations,or codes. 7. Contractor shall maintain accurate and complete records, files and libraries of documents to include federal, state, and local regulations, codes, applicable laws listed herein, and manufacturers' instructions and recommendations, which are necessary and February 2017 County of Fresno Page 26 of 59 co 85 ` ' Quotation No.17-059 GENERAL CONDITIONS related to the Work to be performed, B. Contractor shall prepare and submit required reports, maintain current record drawings, and submit required information. The Contractor shall provide:materials lists to include trade names and brand names,and model materials lists to include trade names, brand names,model number,and ratings(if appropriate)for all materials necessary for a complete job. 9. All Work will be ordered and funded when needed in accordance with the procedures contained in the Contract Documents, 10. All Work will be controlled and monitored by the Owner or designated representative. 11. The design of architectural,structural,mechanical,electrical,civil,or other engineering features of the Work required by the Contract shall be accomplished or reviewed and approved by architects or engineers registered in the State of California to practice in the particular professional field involved. 12. In addition to the Work unit requirements in the General Requirements, Contract Technical Specifications, Volume 3, and the Construction Task Cataloga(CTC),Volume 4,the Owner may,from time to time,require Nan Pre-priced(NPP)Tasks.The parties shall proceed with these requirements in accordance with the Procedure for Ordering Work contained in Paragraph 3.04 of these General Conditions.These NPP Work unit requirements will be incorporated in individual,lob Orders and the Contractor shall accomplish those requirements with the same diligence as those Work units incorporated in this Contrast in the Construction Task Catalog® and Technical Specifications. b. Procedure for Ordering Work 1, As the need for work arises,the Owner will notify the Contractor of the Work and provide written notification. 2. Upon receipt of this notification,the Contractor shall respond within one working day by: (a) Establishing verbal contact with the Owner to further define the scope of the requirement,and (b) Visiting the proposed Work site in the company of the Owner,and participating in the conduct of a Joint Scope Meeting which will include discussion and establishment of the following: (1) Project number and title (2) Existing site conditions (3) Methods and alternatives for accomplishing Work (4) Definition and refinement of requirements (5) Detailed Scope of Work (6) Requirements for design drawings,sketches,shop drawings,submittals,etc. (7) Tentative construction schedule (8) Preliminary quantity estimates (9) Access to the site and protocol for admission (ID) Hours of operation (11) Staging area (12) Liquidated damages (13) Presence of hazardous materials (14) Proposal due date February 2017 County of Fresno Page 27 of 59 'Co tu � r Quotation No.17-D59 GENERAL CONDITIONS 3. Upon completion of the Joint Scope Meeting, the Owner will prepare a draft Detailed Scope of Work referencing any sketches, drawings,photographs,and specifications required to document accurately the work to he accomplished. The Contractor shall review the Detailed Scope of Work and request any required changes or modifications. When an acceptable Detailed Scope of Work has been prepared,the Owner will issue a Request for Proposal(RFP)and Detailed Scope of Work,which requires that the Contractor prepare a Proposal for the Work under consideration. The Detailed Scope of Work,unless modified by both the Contractor and the Owner,will be the basis on which the Contractor will develop its Job Order Proposal and the Owner will evaluate the same. The Contractor does not have the right to refuse to perform any task or any work in connection with a particular Project. 4. The Contractor will prepare the Job Order Price Proposal in accordance with the following: (a) Pre-priced Work requirements.A Pre-priced Task is a task described and for which a Unit Price is set forth in the Construction Task Catalog®. Pre-priced Work requirements will identify the type and number of Work units required from the Construction Task Catalog®(CTC).The price per unit set forth in the CTC shall serve as the base price for the purpose of the operation of this provision.The total of the Job Order Price Proposal shall be the sum of the cost of each applicable CTC task,which is calculated according to the following formula: A= Number of Units Required for CTC Task B= Applicable Adjustment Factor C= CTC Price per Unit Cost of CTC Task A x B x C (b) The Contractor's Proposal shall include support documentation to indicate that adequate engineering and planning for the requirement have been done,and that the Work units and quantities proposed are reasonable fur the tasks to be performed. Documentation to be submitted with the Proposal shall include, but not be limited to, the Job Order Price Proposal, design drawings,calculations,catalog cuts,specifications,and architectural renderings,Subcontractor list,and construction schedule. Any Proposal lacking the required items will be considered incomplete and be returned and treated as if never received. Proposals submitted to the Owner are valid for the duration of the Contract. (c) Non Pre-priced Work Requirements: Non Pre-priced Work shall be separately identified and submitted in the Job Order Price Proposal.Information submitted in support of Non Pre-priced Work shall include,but not be limited to,the following: (1) Complete specifications and technical data, including Work unit content, support drawings, Work unit costs data, quality control and inspection requirements. (2) Work schedule in written form. (3) Pricing data submitted in support of Non Pre-priced work units shall include a cost or price analysis report, establishing the basis for selecting the approach proposed to accomplish the requirements. Unless otherwise directed by the Owner, costing data will be submitted,demonstrating that the Contractor sought and received three quotes. The Contractor shall provide an installed unit price(or demolition price if appropriate),which shall include all costs required to accomplish the Non Pre-priced Task. (4) If the Contractor will perform the work with its own forces,it shall submit three independent quotes for all material to be installed and shall,to the extent possible,use Pre-priced labor and equipment from the Construction Task Catalog®. If the work is to be subcontracted,the Contractor must submit three independent bids from subcontractors. The Contractor shall not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use. The Owner may require additional quotes and bids if the suppliers or subcontractors are not acceptable or if the prices are not reasonable. (5) The final price submitted for Non Pre-priced(NPP)Tasks shall be according to the following formula: Contractor Performed Duties February 2017 County of Fresno Page 28 of 59 CO "k, fl Quotation No.17-059 GENERAL CONDITIONS A= The number of hours for Each labor classification and hourly rates B= Equipment costs(other than small tools) C= Three independent quotes for all materials Total Cost for self-performed work = (A+B+C) x Appropriate Normal Hours Adjustment Factor(Only if A 9 0 cannot he priced out of the CTC) For Work performed by Subcontractors: If the Work is to be subcontracted, the Contractor must submit three independent bids from Subcontractors. If three quotes or bids can not be obtained,the Contractor will provide the reason in writing for the County's approval as to why three quotes cannot be submitted. 0=Subcontractor Costs(supported by three quotes) Total Costs of Non-Pre-Priced Task=0 x Appropriate Normal Hours Adjustment Factor (6) The Owner will evaluate the entire Proposal and proposed Work units and compare these with the Owner's estimate of the Detailed Scope of Work to determine the reasonableness of approach, including the nature and number of Work units proposed.The Owner will determine whether the Contractor's Job Order Price Proposal is in line with its own estimate. (7) After using a Non Pro-priced item an three separate Job Orders, the unit price for the work item will be established, following approval by the Owner,and fixed as a permanent pre-priced item,which will no longer require price justification, (8) The Owner's determination as to whether an item is a Pre-priced Task or a Non Pre-priced Task shall be final,binding and conclusive as to the Contractor. (9) Whenever,because of trade jurisdiction rules or small quantities,the cost of a minor task in the Job Order Price Proposal is less than the cost of the actual labor and materials to perform such task,the Owner may permit the Contractor to be paid for such task as a Non Pre-priced Task,or use Pre-priced labor tasks and material component pricing to cover the actual costs incurred. Provided,however,that there is no other work for that trade an the project or other work for that trade can not be scheduled at the same time and the final charge does not exceed$1,000.00. (d) Processing Time Limits (1) Request for Proposal Submittal. Contractor shall submit the Proposal for the Job Order to the Owner on or before the due date stated in the Request for Proposal(RFP)(14 days maximum unless otherwise specified). (2) Request for Information Submittal. Contractor shall make a thorough analysis of each Job Order and submit all Requests For Information(BFI's)within 7 days after issuance of any RFP.Submission of RFI's shall in no way extend the proposal due date unless deemed necessary by the Owner. (3) Job Order Price Proposal Review. Contractors Project Manager or agent shall be available for Job Order Price Proposal review meetings within 24 hours of being notified by the Owner(via fox,e-mail, or telephone). After review of the Job Order Price Proposal,Contractor shall remove all inappropriate line items and adjust quantities as directed by the Owner. (4) Job Order Price Proposal Modification. Only an the Contractor's second Job Order Price Proposal shall he/she be granted the opportunity to add new valid line items that may have been omitted from the first Job Order Price Proposal. Contractor shall submit a revised Job Order Price Proposal within 24 hours of Job Order Price Proposal review meeting (unless otherwise specified). Upon review of revised Job Order Price Proposal,the Contractor shall remove all line items or adjust quantities deemed inappropriate by the Owner and re-submit the Job Order Price Proposal within 24 hours. No new line items may be added to the Job Order Price Proposal. No quantities increases or added modifiers will be accepted unless agreed to by the Owner during the second Jab Order Price Proposal review meeting. (5) The Owner reserves the right to reject a Contractor's Proposal or cancel a project for any reason. The Owner reserves the right to issue a Notice to Proceed to the Contractor without having a mutual agreement an a final Job Order Price,and February 2017 County of Fresno Page 29 of 59 Cot! Quotation No.17-059 GENERAL CONDITIONS that the Contractor will be paid by multiplying the actual quantities used by the appropriate Construction Task Catalog® Unit Price and the applicable Adjustment Factors. Non Pre-priced(NPP)Tasks will be priced according to the formula set forth in Section 1.22 b 4(c)of these General Conditions.The Owner also reserves the right to not award a Job Order if it is determined to be in the best interests of the Owner or the proposed cost exceeds the Owner's estimate.The Owner may perform such work by other means. In these instances,the Contractor has no right of claim to recoup Proposal expenses including but not limited to the costs to attend the Joint Scope Meeting,review the Detailed Scope of Work,prepare a Job Order Proposal(including incidental architectural and engineering services),subcontractor costs,and the costs to review the Job Order Proposal with the Owner. (G) Unilateral Job Order—The owner reserves the right to issue Job Orders based on the Owners Job Order Price Proposal for a specified Detailed Scope of Work(DSOW). (e) By submitting a signed Proposal to the Owner,the Contractor is agreeing to accomplish the Work outlined in the Detailed Scope of Work in accordance with the Request for Proposal at the lump sum price submitted for that particular Job Order. The Contractor shall include the necessary tasks and quantities in the Job Order Price Proposal and apply the appropriate Adjustment Factor(s) prior to delivering it to the Owner.The value of the Job Order Price Proposal shall be calculated by summing the total of the calculations for each Pre-priced Task(Unit Price x quantity x Adjustment Factor)plus the value of all Non Pre-priced Tasks. The Job Order Price shall be the value of the approved Job Drder Price Proposal. (f) The Owner will evaluate the entire Job Order Priced Proposal and compare these with the Owner's estimate of the Detailed Scope of Work to determine the reasonableness of approach,including the appropriateness of the tasks and quantities proposed. (g) The Contractor may choose the means and methods of construction:subject however,to the Owner's right to reject any means and methods proposed by the Contractor that: (1) Will constitute or create a hazard to the work,or to persons or property: (2) Will not produce finished Work in accordance with the terms of the Contract:or (3) Unnecessarily increases the price of the Job Order when alternative means and methods are available. (h) Each Job Order provided to the Contractor shall reference the Detailed Scope of Work and set forth the Job Order Price and the Job Order Completion Time. All clauses of this Contract shall be applicable to any Job Orders issued under this clause. Job Orders will be written an an appropriate form.The Job Order,which must be signed by the Owner, constitutes the Owners acceptance of the Contractor's Proposal. A signed copy will be provided to the Contractor. 0) Except in an"emergency response"the Contractor is not to proceed with any Job Order without having required permits and a Notice to Proceed(NTP)signed by the Contract Manager. (j) In the event that"immediate emergency response"is necessary,the Owner may elect to use an alternative procedure for such type of Job Orders as long as the alternative procedure is not substantially more burdensome to the Contractor than the procedure described in this section. (k) All Proposals submitted by the Contractor are valid for the duration of the Contract. C. Measurements to be Verified Before ordering any material or doing any Work, the Contractor shall verify all measurements at the site of a specific Job Order, and shall be responsible for the correctness of the measurements. No extra charge or compensation will be allowed based an the difference between actual dimensions and the measurements indicated in the Request for Proposal. d. Contractor's Responsibility It is the Contractors'responsibility to verify any and all such items prior to submission of the Proposal.Contractors are also cautioned that any Job Order awarded is for all services or Work, as necessary,to repair, and construct the facilities covered by the Contract in accordance with all Contract terms and conditions.It shall also be the duty and responsibility of the Contractor to manage and conduct the required Work in the most effective and efficient manner possible and meet or exceed minimum critical rates or standards. February 2017 County of Fresno Page 30 of 59 Quotation No.17-059 GENERAL CONDITIONS In addition,the Owner will not entertain claims for additional money,when such claim is based upon a contention the Contract fails to mention a specific item or component of facility covered by the Job Order and the Work is required in the normal course of operations.For example,surfaced area repair statements may not mention culverts.However, culverts are a normal component of roads, streets, or erosion controls and are shown an plots or maps provided. As culverts are a normal component of the system, the Contractor shall be responsible for providing all necessary repair, or replacement Work or service. e. Pre-Construction Conference Before the issuance of the first Job Order under this Contract,a conference will be conducted by the Owner to acquaint the Contractor with Owner's procedures that are to be observed during the execution of the Work and to develop mutual understanding relative to the administration of the Contract. I. Computer and Communications Equipment Requirements The Contractor shall maintain at its office for its use a computer with,at a minimum,a I GHz processor and an internet connection.The Contractor shall maintain individual email accounts for each of its praject managers. g. Job Order Contracting Software and License Fee JOC Software and System License The County of Fresno selected The Gordian Groups Job Order Contracting (JOE) system for the execution of the JOC program. The Gordian JOC system includes The Gordian Group's proprietary eGordian®JDC information management applications,construction cost data and Construction Task Catalogg(collectively"Proprietary Information'),which shall be used by the Contractor to prepare and submit Job Order Proposals.subcontractor lists,and other requirements specified in the general conditions and as may be requested by the County of Fresno. The Contractor shall be required to execute Gordian's 30C System License and User Agreement,and shall pay a 1%n 30C System License Fee on all work awarded to the JDC contractor by the County for access to the Gordian JOE system and Proprietary Information. 1.23 INTENT OF CONTRACT DOCUMENTS Some of the Work may require the Contractor to work in in-patient care facilities.The intent Contract Documents will be to construct or reconstruct the hospital facilities for an individual Job Order in accordance with Title 24,California Code of Regulations.Should any conditions develop not covered by the contract documents wherein the completed work will not comply with said Title 24,California Code of Regulations,the Owner shall develop a Job Order detailing specifying any required work and will submit it to OSHPD for approval prior to proceeding with the work. 1.24 BUILDING PERMIT The Contractor shall be responsible for all fees and costs incurred in connection with obtaining permits; however, the Owner will reimburse the Contractor for the actual cost of the permit or inspection fees,as part of the Job Order,with no additional allowance for overhead and profit. 1.25 CODES AND REGULATIONS All work,materials,and equipment shall be in full compliance with the 2013 edition of the California Building Code;California Plumbing Code;California Electrical Code; Cal/OSHA Safety Regulations; and all Federal, State and Local laws,ordinances, regulations, and Fresno County Charter Provisions applicable in the performance of the work. 1.26 COORDINATIDN OF WORK The Contractor shall coordinate all work with the Owner to minimize any interruptions to the normal operation of County operations; particularly interruptions to air conditioning,electrical services,alarm system,communications,and computer systems. 1.27 WORK DAY All work shall be set forth as part of the Job Drder. Saturday and Sunday work will not be allowed except by written approval of the Owner,and upon 48 hours advance notice.Payment requirements for shift differential and overtime shall be as set forth in the Collective Bargaining Agreement for the trade,on file with the State Department of Industrial Relations, Division of Labor Statistics and Research. Bidders and contractors are urged to contact the Prevailing Wage Unit at 415/557-0561 or 415/703-4281 for information on these requirements. February 2017 County of Fresno Page 31 of 59 1� Notation No.17-D59 GENERAL CONDITIONS 1.29 SCHEDULE OF OPERATION Time is of the essence in the performing of any Job Order under this Contract. The Contractor shall schedule the work in a manner that will progress to completion without interruption. 1.29 COOPERATION BETWEEN CONTRACTORS a. If separate Contracts are let for Work within or adjacent to the Project site as may further be hereinafter detailed in the Contract Documents, the Contractor shall conduct his Work so as not to interfere with or hinder the progress of completion of the Work being performed by other contractors. b. The Contractor shall assume all liability,financial or otherwise,in connection with this Contract,and shall protect and hold harmless the Owner from any and all damages or claims that may arise because of inconvenience,delay,or loss experienced by the Contractor because of the presence and operations of other contractors working within the limits of the same improvement.The Contractor shall assume all responsibility for all Work not completed or accepted because of the presence and Operations of other contractors. C. The Contractor shall arrange the Work and placement and disposal of the materials being used,so as not to interfere with the operations of other contractors within or adjacent to the limits of the Project site.The Contractor shall join the Work with that of others in an acceptable manner and shall perform it in proper sequence to that of others. 1.30 TEMPORARY FACILITIES a. Water and Electricity: Contractor may connect to existing water and electricity available on the site provided it is suitable to the Contractor's requirements.Water and electricity used will be paid by the Owner.Contractor shall bear all expenses for carrying the water or electricity to the appropriate locations and to connect or tap into existing lines.Contractor shall furnish fuel and other power for the operation of the heavy equipment,pneumatic tools and compressors. b. Toilet Facilities maybe available on the site to the workmen engaged in the performance of the contract. The use of such facilities may be revoked in the event of excess janitorial requirements or at the discretion of the County. 1.31 FIRE PROTECTION AND FIRE INSURANCE Contractor shall not perform any fire hazardous operation adjacent to combustible materials. Any fire hazardous operation shall have proper fire extinguisher close by and the adjacent area shall be policed before stopping work for the day. Contractor shall provide not less than one OSHA/NFPA Class 10-ABC fire extinguisher for each 9,000 square feet of project area or fraction thereof. 1.32 DUST SEPARATION AND PROTECTIVE BARRICADES When directed as part of an individual Job Order, the Contractor shall erect temporary dust separation partitions and floor mats as necessary to confine dust and debris within area of work. Contractor shall post signs,erect and maintain barriers and warning devices for the protection of the general public and Owner personnel. The Contractor shall provide adequate protection for all parts of the present buildings and its contents and occupants wherever work under this contract is to be performed. The Contractor shall observe that the health and welfare of occupants of the existing buildings may be affected by noises and fumes produced by the construction. Insofar as is possible,loud and unnecessary noise is to be avoided and noise producing work should be performed as far away from occupied areas as is consistent with the efficient conduct of the work. 1.33 DAMAGE TO EXISTING WORK Damage to existing construction,equipment,planting,etc.,by the Contractor in the performance of his work shall be replaced or repaired and restored to original condition by the Contractor at the Contractor's expense. 1.34 PROTECTION OF ALARM,SECURITY.COMMUNICATIONS,AND COMPUTER SYSTEMS The Contractor shall be responsible for all costs incurred by the Owner an these systems as a result of work by the Contractor or damage caused by the Contractor's operations,including costs associated with false fire alarms caused by Contractor operations. February 2017 County of Fresno Page 32 of 59 1 , ``` t. s56 ` fluotation No.17-D59 GENERAL CONDITIONS 1.35 SECURITY Security provisions will be strictly enforced.All parties who are required to perform their individual services at the site shall be limited to the area required to complete the work. Such access shall be obtained by notification to the facilities Services Manager or his designee,of the time and place, prior to commencing the work. All keys used during construction shall be numbered,Each key issued shall be recorded and its prompt return shall be strictly enforced.Duplication of any keys issued is strictly prohibited.These keys shall be returned to the Owners representative at the end of each working day,when required. Some of the Projects to be done under this Contract may be in secured facilities such as jails. Prior to commencement of work,the Contractor, including all Subcontractors and Contractors,shall obtain security clearances fur all employees that will be working or making deliveries to the sites. When work is performed in secured facilities,it is incumbent upon all Contractors to alert all workmen of the necessity for extreme care in accounting for, and keeping all areas free of any and all types of hand tools, power tools, small parts, scrap material, and all other materials which might be concealed upon the person of an inmate/ward/patient,at all times when such tools and materials are not used for the task at hand. Each work area shall be kept clean and in order both during working hours and at the completion of the working day. 1.36 PARKING The Owner will provide parking spaces at the project site when parking is available,Contractor shall not rely on Owner to provide parking. 1.37 RECORD DRAWINGS The Contractor shall be provided with xerox bond prints at no cost,upon which a record of all changes to the project plans shall be made. As the work progresses,the Contractor will be responsible for and shall maintain a record of all deviations in the mechanical,electrical,plumbing and other work from that indicated an the plans. As a condition for considering the project complete,the record drawings must be delivered to the Resident Engineer, and deemed acceptable. 1.39 GUARANTEE/WARRANTY RESPONSE Attention is directed to General Conditions Section 1.14"Guarantee Of Work",the Guaranty in the Bid. In lieu of any time limits imposed or implied by the above referenced contract documents or stated in standard product warranties or special warranties,the Contractor shall respond within 24 hours to notice from the Owner that repairs or changes are required in connection with guaranteed work or equipment within the guarantee period. 1.39 TRENCHING AND EXCAVATION In accordance with Section 7104 of the California Public Contract Code,the following provisions shall apply to any contract involving digging of trenches or other excavations that extend deeper than four feet below the surface: I The Contractor shall promptly,and before the following conditions are disturbed,notify the Owner,in writing,of any: I. Material that the Contractor believes may be material that is hazardous waste,as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class 1,Class 11,or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature,different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Job Order. b. The Owner shall promptly investigate the conditions,and if it finds that the conditions do materially so differ,or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of,or the time required for,performance of any part of the work,shall issue an additional Job Order in accordance with the provisions of Section 1.12 of the General Conditions. C. In the event that a dispute arises between the Owner and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract,but shall proceed with all work to be February 7017 County of Fresno Page 33 of 59 - Quotation No.17 059 GENERAL CONDITIONS performed under the contract.The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 1.40 ASBESTOS CONTAINING MATERIAL(ACM) When the Job Order requires the Contractor not to remove ACM,the Contractor shall exercise caution when working around ACM to prevent the release of AGM into the atmosphere. If damage to ACM results in release of airborne asbestos fibers to the atmosphere,then control measures required by Federal and State regulations must be instituted at the Contractors expense. Any ACM damaged by the Contractor's operations shall be repaired at the Contractor's expense in accordance with applicable Federal,State and local laws and regulations. When the Job Order requires the removal of ACM,the Contractor shall remove, transport, and dispose of either non-friable ACM or less than 100 square feet of friable ACM in accordance with Federal,State and local statutes and regulations. The Contractor shall furnish project notification documents, employee information, equipment certifications, material specifications and samples. project work plan and air monitoring plan,and other project submittals or documentation as required by statute or regulation. The methods for removal and disposal of either non-friable ACM or friable ACM selected by the Contractor shall he approved by the Owner before commencing removal operations. If, during the course of removal operations,the Owner determines that removal methods used by the Contractor result or may result in releasing airborne asbestos fibers to the atmosphere, the Contractor shall immediately cease his current ACM removal operations and propose a new method for removal of ACM for the approval of the Owner. If removal of ACM results in release of airborne asbestos fibers to the atmosphere,then control measures required by Federal and State regulations must be instituted at the Contractors expense. Work area air monitoring may be required far individual Job Orders,at the discretion of the Owner. Work area air monitoring shall be paid for by the Contractor. The Engineer reserves the right to require the Contractor, at the Contractors expense, to utilize a contractor certified by the Contractors State License Board and registered with the Division of Occupational Safety and Health to remove and dispose of ACM,if,in the opinion of the Engineer based on the Contractor's performance of ACM removal,only a certified and registered contractor would possess the technical skills and resources required to remove the ACM. At the Contractor's option, removal and disposal of non-friable ACM or friable ACM where removal and disposal may result in release of airborne asbestos fibers to the atmosphere may be subcontracted to a contractor certified by the Contractors State License Board and registered with the Division of Occupational Safety and Health. 1.41 RIGHT TO AUDIT All Accounting Records -The Contractor shall make available to the Owner for auditing, all relevant accounting records and documents, and other financial data,and upon request,shall submit true copies of requested records to the Owner. Requests far Change and Claims-If the Contractor submits a Request for Change or a claim to the Owner,the Owner shall have the right to audit the Contractor's books to the extent they are relevant. Audit Right Includes -This right shall include the right to examine books, records,documents, and other evidence and accounting procedures and practices,sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. Right To Inspect Plans-The right to audit shall include the right to inspect the Contractor's plans,or such parts thereof,as may be or have been engaged in the performance of the Work. Right To Audit Subcontractors - The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors.The rights to examine and inspect herein provided for shall be exercisable through such representatives as the owner deems desirable during the Contractor's normal business hours at the office of the Contractor. February 2017 County of Fresno Page 34 of 59 CO ` Guotation Na 17-059 GENERAL CONDITIONS END OF GENERAL CONDITIONS February 2017 County of Fresno Page 35 of 59 EFFECTIVE DATE: 12-18-88 REVISED: 08-08-90. 12-25-94. O5-O9-90. 08- 01-88, 12-U1-1O APPROVED BY: Sheriff M. Mims BY: Assistant Sheriff T. Gattie AUTHORITY: California Code of Regulations, Title 15, Section 1029(o)[7)(E)and Penal Code Section 238. PURPOSE: The purpose of this policy is to establish procedures which provide for the resolution of a hostage-taking incident while preserving the safety of staff, public, inmates, and hostages, and maintaining facility security. POLICY: The Fresno County Sheriffs Office Jail Division maintains a NO HOSTAGE FACILITY and will not consider bargaining with hostage takers for ANY R*ou0n. It is the policy of the Fresno County Sheriffs Office Jail Division that once any staff member is taken hOetage, they immediately lose their authority and any orders issued by that person will not be followed regardless nf their rank orstatus. It is the policy of the FnaanO County Sheriffs Office Jail Division that the primary responsibility of all staff members in @ hostage situation is to protect every person involved, if possible,from serious injury or death. PROCEDURES: DEFINITION 1. Hostage Situation: any staff member, Citizen or inmate held against their will by another person for the purpose of escape, monetary gain or any naaSOn which may place an individual in danger oflosing life or suffering serious injury. I|. NOTIFICATIONS, CONTAINMENT AND CONTROL OF THE SITUATION A. Emergency procedures and notifications shall be implemented as per Emergency Planning prncedureo (B-101/F|LE: EMERGENCY). B. The VV8tCh Commander will notify the Patrol VV8toh Commander and apprise them of the incident. The Patrol Watch Commander may be requested to activate the Crisis Negotiations Team (CNT). outside Support agencies, equipDlent, p8|Sonne|, and dispatch 8 detective to the scene for the crime report. |(i. DURING NEGOTIATIONS A. While at the scene, the CNT members will conduct all verbal or written communications between the hOStoget@ker(a) and the Incident Commander. CNTxvU| immediately notify the Incident Commander ofany changes in the following situations: 1. Hostage status 2. Incident changes and developments 3. Hostage taker demands 4. Any and all pertinent information concerning the incident B. Staff members at the scene not actively involved with negotiations will not act or speak out to the hostage tak8r(a) 0rhostages. C. The Tactical Commander will formulate a plan to take the necessary actions, using the appropriate force, to terminate the hostage situation in the event negotiations fail. Hostage safety will beof paramount concern. |V. A. If taken hostage, it is important to make the transition from being a victim to being a survivor. The following are Dototri{tru/es that must be rigidly followed, but rather general guidelines. There will always beexceptions. 1. Ragain/rnointaincnrnpoSure. Try tob8 calm, focused and clear-headed otall times. Do not stand out from other hostages. Drawing unnecessary attention increases the chance nf being singled out and victimized. 2. Maintain a |ow+hey. unprovoC8tiveposture. Overt resistance iousually counterproductive ine hostage situation. 8. Remain C8|0 and follow instructions. Comply with the hostage takers when at all possible. b. Be Stoic. Maintain an outward face of acceptance of adversity with dignity. Avoid open displays of cowardice and fear. Inmates will view frailty and feeb/GD*ae as weakness, which may lead to victimization. C. DO not antagonize, threaten nr aggravate the hostage takers. Avoid saying "nu''. or arguing with the hostage takers. Oo not act authoritative. The hostage takers must make it known that they are incharge. d. Eye contact may be regarded 8ea challenge; make eye contact with the hostage takers sparingly. e. Fight off basic inmtiOots, such as anger and hostility. Be polite and remain alert. Speak normally and don't complain. 3. Hostages should try to establish a level of rapport or communication with their captors in attempt tu get the captors tV recognize them ea human beings. R. Find 8 mutual ground, on association with the hostage takers. Foster C0rnrDuOicatiVD on non-threatening topics (e.g.. family, hobbies, aportS, interests). b. Use the captors' first names, ifknown. However, if hostage takers are attempting to conceal their identity, do not give any indication that they are recognized. c. Listen actively tothe captors' feelings and concerns, but never praise, participate in, nr debate their"C8ue9" |f they want tU talk about their cause, act interested in their viewpoints. Avoid being overly solicitous, which may be viewed as patronizing or insincere. d. Do not befriend the inmates; such an attempt will likely result in exploitation. e. Try asking for items that will increase personal comfort. Make requests in@ reasonable, low-key manner. 4. BH prepared tob8 isolated and disoriented. a. Do not talk to other hostages. The hostage takers may think 8 plot is being formed. b. Develop mind games to stimulate thinking and maintain mental 8|8dnoGn. 5. Be tolerant Of fellow hostages. Just oa each person has different reactions to stress, each individual will have different methods of coping as a hostage. Some methods are not effective and may endanger the gnoup, or be annoying to other hostages (e.g.' constant t8|king). Try to help these people cope in other ways. 0. Gather intelligence. Hostages should take in and store aG much detail, about their captors 8e possible without drawing attention to their efforts. Make mental notes and attempt to gather the following information: identification of the ring leader, the number of hostage takers, the type ofweapons they are using, their tactics, location within the area, etc. 7. Maintain hope. Depending on the circumstances, resolution of hostage situations can bea lengthy process. B. Stay away from doors and windows through which rescue teams may enter or shoot. If a rescue iS attempted, drop tn the floor and keep hands inview. C. If there is a chance to escape, the hostage should be certain of their success. 1. Balance the likely payoff Of any behavior with the possible consequences. Hostage takers may use violence or death to teach 8lesson. 2. Realize that Central Control will not open any doors for anyone. D. Hostages should be aware of the "Stockholm Syndrome", whereby hostages begin to show sympathy toward their captors. Hostages who develop Stockholm Syndrome often view the captor ae givinglife by simply not taking it. Such hostages often misinterpret a lack of abuse as kindness and may develop feelings of appreciation for the perceived benevolence. [Si��Vahnuuaouroeu. buttheben wmo "Sun/�a/�poJ Barnhart, published O7-27-OS(vmmwv.00rnectionn.00m) !3�f"'-�"Understandin9 Stockholm Syndrome"FBI Law Enforcement Bulletin, July 2007. SAMPLE AGREEMENT This Sample Agreement is provided for illustration purposes only. The details in the actual Agreement may vary from the details in this sample. AGREEMENT SAMPLE A G RE E ME NT This AGREEMENT("Agreement) is made and entered into this 13th day of March,2012, by and between the COUNTY OF FRESNO,a political subdivision of the State of California, hereinafter"COUNTY",and Durham Construction Company, Inc., hereinafter"CONTRACTOR". WHEREAS, the COUNTY has a need for the Job Order Contracting services; and WHEREAS,the CONTRACTOR is qualified and willing to perform said set-vices. NOW,THEREFORE,the parties agree as follows: WITNESSETH: This AGREEMENT shall establish a competitively bid, fixed price, indefinite quantity,Job Order Contract.The scope of work to be performed pursuant to this Agreement includes a comprehensive listing of detailed repair and construction tasks and specifications that have pre- established units of measure and Unit Prices listed in a Construction Task Catalog''No. developed for the COUNTY by the Gordian Group. The work under this AGREEMENT shall be carried out pursuant to individual Task or Job Orders and shall involve the repair,alteration, modernization,maintenance, rehabilitation, reconstruction,or construction of public buildings, streets, utilities,and other public works. The obligations of all parties under this Agreement shall be as set forth in this Agreement and detailed in COUNTY's Request for Quotation No. XOUNW S Addendum No. thereto and CONTRACTOR's Response to Request for Quotation No. .,all of which are attached hereto as Exhibits_,_,and_,respectively and incorporated herein by reference. All capitalized terms used in this Agreement shall have the meanings attached to them as set forth in COUNTY's Request for Quotation No._. 1. OBLIGATIONS OF.CONTRACTOR A. CONTRACTOR agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, material-men, subcontractors, artisans, machinists, teamsters, day-men and laborers required for completing specific Job Orders as directed by COUNTY. B. In accordance with the provisions of Section 1770 of the Labor Code, the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.8, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done. Said wages are on file with the Clerk of the Board of Supervisors, Room 301, Hall of Records, Fresno..California, and are incorporated herein by reference. It shall be mandatory upon the CONTRACTOR herein and upon any subcontractor to pay not less than the said specified rates to all laborers, workmen and mechanics employed by them in the execution of the Contract. CONTRACTOR shall comply with Labor Code Section 1775. In accordance with said Section 1775, the CONTRACTOR shall forfeit as a penalty to the COUNTY $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by CONTRACTOR or by any subcontractor under CONTRACTOR in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775,the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the CONTRACTOR. The CONTRACTOR and each subcontractor shall keep or cause to be kept an accurate record showing the names and occupations of all laborers,workmen and mechanics employed by him in connection with the execution of the Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the COUNTY, its officers and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. CONTRACTOR and any subcontractor under CONTRACTOR shall also comply with the provisions of Section 1777.5 and Section 1777.6 of the Labor Code concerning the employment of apprentices. C. It is further understood and agreed that, in accordance with the provisions of Sections 1810 to 1815 of the Labor Code of the State of California, eight (8) hours labor shall constitute a day's work, but because this is a contract for public work, work performed by employees of the CONTRACTOR and each Sub-Contractor in excess of eight (8) hours per day, and forty (40) hours in any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half(1 1/2) times the basic rate of pay. The CONTRACTOR and each subcontractor shall keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the COUNTY or its officer or agents and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents. It is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the COUNTY the sum of twenty-five dollars ($25) for each laborer, workman employed by CONTRACTOR or any subcontractor under CONTRACTOR, for each calendar day during which such laborer or workman is required or permitted to labor more than eight (8) hours in violation of this stipulation. The Board of Supervisors hereby specifies that portions of the work can only be performed outside the regular working hours as defined in the applicable collective bargaining agreement filed with the Director of Industrial Relations in accordance with Labor Code Section 1773.1, and that the overtime requirements for Saturdays, and holidays are hereby waived for these portions of the work, as more particularly described in the specifications. However, this exemption shall not negate the overtime provisions specified in Labor Code Section 1815. D. All agreements between the CONTRACTOR, Sub-Contractors, and Sub- Contractors of lower tier shall be subject to the approval of the COUNTY. In no case does such approval relieve the CONTRACTOR of any conditions imposed by the Contract Documents. Sub-Contractors may be added, deleted or substituted only in accordance with the provisions of Public Contract Code Section 4100 et seq. CONTRACTOR shall bind every Sub-Contractor by the terms of the Contract Documents to carry out their provisions insofar as applicable to their work; and the CONTRACTOR further agrees to pay to each Sub-Contractor promptly upon issuance of Certificate of Payment, his/her or their due portion. Neither the acceptance of the name of Sub-Contractor nor the suggestion of such name nor any other act of the COUNTY nor anything contained in any Contract Document shall be construed as creating any contractual relation between the COUNTY and any Sub-Contractor of any tier. The COUNTY reserves the right to reject any proposed Sub-Contractor, installer,or supplier who cannot show satisfactory evidence of meeting the qualifications required by the Contract Documents. In the event of such rejection, the CONTRACTOR shall,within the time frame listed for submittal of revised Proposals, submit the name and qualifications of a replacement Sub-Contractor, installer or supplier satisfactory to the COUNTY. Such replacement Submittal shall be in accordance with all Contract Documents. No adjustment of Job Order Price Proposal shall be made in the event of such replacement. When an individual Job Order utilizes Federal Funds and the County elects to require Disadvantaged Business Enterprise (DBE) participation, the CONTRACTOR shall follow the Federal Good Faith Effort requirements for inclusion of DBE Sub-Contractors and suppliers. 11. OBLIGATIONS OF THE COUNTY A. The COUNTY will identify projects and their intended results and will work with CONTRACTOR to develop scope and specifications. B. The COUNTY will issue a Notice to Proceed for each Job Order and issue any required subsequent Job Orders for each Project. C. The COUNTY will provide inspection and acceptance of the work. 111. TERM The term of this Job Order Contract is either for one year or when issued Job Orders totaling the Maximum Contract Value have been completed, whichever occurs first. All Job Orders must be issued, but not necessarily completed within one calendar year of the commencement date of this Agreement as set forth on page one. IV. TERMINATION A. Non-Allocation of Funds - The terms of this Agreement, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. B. Breach of Contract -The COUNTY may immediately suspend or terminate this Agreement in whole or in part, where in the determination of the COUNTY there is: 1. An illegal or improper use of funds; 2. A failure to comply with any term of this Agreement; 3. A substantially incorrect or incomplete report submitted to the COUNTY; 4. Improperly performed service. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any fiends disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were not expended in accordance with the terms of this Agreement.The CONTRACTOR shall promptly refund any such funds upon demand. C. Without Cause - Under circumstances other than those set forth above, this Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an intention to terminate to CONTRACTOR. V. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation for each Job Order in accordance with the CONTRACTOR's Adjustment Factors stated on the Bid Schedule set forth in CONTRACTOR'S Response to Request for Quotation No. 912-5097, which are as follows: Normal Working Hours Adjustment Factor Other than Normal Working Hours Adjustment Factor Federal Normal Working Hours Adjustment Factor Federal Other than Normal Working Hours Adjustment Factor The Minimum Contract Value is$25,000(twenty-five thousand dollars).The CONTRACTOR will receive the opportunity to perform Job Orders totaling a minimum of$25,000 during the Contract term. The Maximum Contract Value is $2,000,000(one million dollars). The Maximum Contract Value may be increased by up to the sum authorized by Public Contract Code Section 20128.5 (currently approximately$4,500,000). Any increase in the Maximum Contract Value will be by mutual agreement. At no time may the sum of the outstanding Job Orders exceed the amount of the Payment Bond and Performance Bond. A Job Order is outstanding until the COUNTY has accepted the work described in the Job Order by execution of a Notice of Completion. CONTRACTOR will not be issued Job Orders which in total exceed the Maximum Contract Value.The COUNTY does not guarantee the CONTRACTOR will receive Job Orders totaling the Maximum Contract Value. CONTRACTOR shall submit monthly invoices per Job Order in triplicate to the County of Fresno, Facility Services. In no event shall services performed under this Agreement be in excess of the Maximum Contract Value during the term of this Agreement. It is understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. VI. LIQUIDATED DAMAGES: It is understood and agreed by both parties to the Contract that in case all the Work specified or indicated in the Contract Documents is not completed within the specified time frames set forth in the Job Order,or within such time limits as extended,damages will be sustained by the COUNTY in the event of and by reason of such delay. It is,and will be, impractical and extremely difficult to determine the actual damage which the COUNTY will sustain by reason of the delay. It is therefore agreed that the CONTRACTOR will pay,at a minimum,to the COUNTY the sum of money stipulated per day in the Job Order for each day's delay in completing the work beyond the time prescribed. Application of Liquidated Damages and the value of liquidated damages will be determined by the County on a Job Order by Job Order basis. Each Job Order will state whether Liquidated Damages will be applied. COUNTY may withhold Liquidated Damages from payments to the CONTRACTOR as such damages accrue, or, at COUNTY's discretion, withhold Liquidated Damages from any payments due or that become due pursuant to the Contract, including Retention and final payment (pursuant to California Government Code §53069.85). A credit Job Order shall be executed to assess liquidated damages. V11. INDEPENDENT CONTRACTOR: In performance of the work,duties and obligations assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the CONTRACTOR'S officers,agents,employees and subcontractors will at all times be acting and performing as an independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,employee,joint venturer,partner,or associate of the COUNTY. Furthermore,COUNTY shall have no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and function. However,COUNTY shall retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. VIII. MODIFICATION: Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way,affecting the remainder. IX. DISCREPANCIES: Should the CONTRACTOR, at any time, discover a mistake in any of the Contract Documents or any discrepancy therein or lack of appropriate information,the CONTRACTOR shall not proceed with the work affected thereby until such correction has been made. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1) Permits from other agencies as may be required by law. 2) Permits issued by the COUNTY. 3) Changes to Job Orders 4) Job Orders 5) Agreement 6) CONTRACTOR's Bid 7) Addenda 8) General Conditions 9) Technical Specifications 10) Construction Task Cataloge 11) Reference Specifications 12) Instruction to Bidders 13) Notice Inviting Bids X. NON-ASSIGNMENT: Neither COUNTY nor CONTRACTOR shall assign,transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. X1. HOLD HARMLESS: 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 performance,or failure to perform,by CONTRACTOR, its officers,agents, employees or subcontractors tinder 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 performance, or failure to perform,of CONTRACTOR, its officers,agents,or employees under this Agreement. XII.INSURANCE 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 or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, and contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non- owned vehicles used in connection with this Agreement. c. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) 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. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. 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 of thirty (30) days advance written notice given to COUNTY. Within Thirty (30) days from the date CONTRACTOR signs and 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, (Name and Address of the official who will administer this contract), stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any 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 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; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance,written notice given to COUNTY. In the event CONTRACTOR 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. All policies shall be issued by admitted insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. E. All-Risk Insurance On The Work Contractor shall procure and maintain at Contractor's sole cost and expense, Builders Risk Course of Construction insurance, including fire and vandalism coverage, covering the entire work (including any County furnished material and equipment) against loss or damage until completion and acceptance by the County. Such insurance shall be for each Job Order in an amount up to the value of each Job and endorsed for broad form property damage, breach of warranty, demolition costs, and debris removal. Deductible not exceeding 5% of the cost will be permitted. Said policy to cover Contractor, Contractor's subcontractors, the County, its agents, the awarding entity, and any Trustee, under the indenture or trust agreement securing the bonds, certificates of participation, or other evidences of indebtedness issued to finance the work contemplated herein. The value of the policy shall be in U.S. currency. F. Bonds Payment Bond and Performance Bonds will be in place for all Job Orders in an amount equal to the sum of any outstanding Job Orders. CONTRACTOR shall ensure that any subcontractors or other agents used in fulfilling the terms and obligations of this Agreement shall have the same level of insurance and indemnification required of CONTRACTOR. 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 of thirty (30) days advance written notice given to COUNTY. Within Thirty (30) days from the date CONTRACTOR signs and 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, (in compliance with the Notices section below), 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 any 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 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; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR 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. 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, Inc. rating of A FSC Vil or better. X111. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the COUNTY,pen-nit the COUNTY to audit and inspect all of such records and data necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement. rn If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code Section 8546.7). Xiv. NOTICES: The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY CONTRACTOR COUNTY OF FRESNO Facility Services Manager 4590 E. Kings Canyon Fresno, CA 93602 Any and all notices between the COUNTY and the CONTRACTOR provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties,or in lieu of such personal services,when deposited in the United States Mail, postage prepaid, addressed to such party. xv. GOVERNING LAW: Venue for any action arising Out of or related to,this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. XV1. DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision is only applicable if the CONTRACTOR is operating as a corporation(a for- profit or non-profit corporation)or if during the teen of this agreement,the CONTRACTOR changes its status to operate as a corporation. Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self- Dealing Transaction Disclosure Form (Exhibit D and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. XVII. ENTIRE CONTRACT: This Agreement constitutes the entire Contract between the CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous Contract negotiations, proposals,commitments,writings, advertisements,publications,and understandings of any nature whatsoever unless expressly included in this Agreement, IN WITNESS WHEREOF,the pat-ties hereto have caused this Agreement to be executed as of the day and year first hereinabove written. COUNTY: CONTRACTOR: COUNTY OF FRESNO By By Brian Pacheco Print Name: Chairman, Board of Supervisors Title ATTEST: BERNICE E. SEIDEL, CLERK By BOARD OF SUPERVISORS Print Name: Title: BY Deputy APPROVED AS TO LEGAL FORM: FOR ACCOUNTING USE ONLY: Daniel C. Cederborg, COUNTY COUNSEL ISD—Facility Services gy FUND: 1045 Deputy SUBCLASS: 10000 ORG No.: 8935 APPROVED AS TO ACCOUNTING FORM: Acct.No.: 7295 Oscar Garcia, CPA AUDITOR-CONTROLLER/TREASURER- TAX COLLECTOR By RECOMMENDED FOR APPROVAL: B Robert Bash, Director of Internal Service/Chief Information Officer Internal Services Department By�� EXHIBIT B CONTRACTOR'S RESPONSE RFQ 17-059 COUNTY OF FRESNO REQUESU FOR QUOVA700M HUMBER-P 17-059 JOB ORDER CONTRACT VOLUME ONE (i ) Febtruavy 69 2017 PURCHASING USE ORG/Requisifion:893511321701112 IMPORTANT* SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO,Purchasing 4525 EAST HAMILTON AVENUE,2nd Floor FRESNO,CA 93702-4599 CLOSING DATE OF BOB WELL BE &,r 2:00 P.m. om M&Pacm 179 2017=11 11 QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:01 P.M. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to: Darren Howard,e-mail CountyPurchasinq(@co.fresno.ca.us, phone (559) 600-7119 See Notice to Contractors,Instructions to Bidders,General Conditions,and Attachments. Check County of Fresno Purchasing's Open Solicitations website at https://www2.co.fresno.ca.us/0440/Bids/BidsHome.aaa for RFQ documents and changes. 41(-. C-kr�5 er breeA,,( BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED,SUBJECT TO THE NOTICE TO CONTRACTORS,INSTRUCTIONS TO BIDDERS,GENERAL CONDITIONS,AND ATTACHMENTS. Durham Construction Company,Inc. COMPANY 1025 Holland Avenue ADDRESS Clovis CA 93612 CITY to'S STATE ZIP CODE r;r,g 559 r ) 294-9500 1 ) 294-9200 chris@durham-constructi(3n.com TELEPHONE NUMBE FACSIMILE NUMBER E-MAIL ADDRESS SIGNED BY Chris Durham President PRINT NAME TITLE PD-010(1/14) ' . . Quotation No. 17~059 DOCUMENT" SUBMITTAL ° AL In submitting a quotation the vendor is agreeing to all of the terms, conditions, requirements,etc. set forth under this RFQau stated in both Volume One (1)and Volume Two(2). The vendor shall provide all information requested within Volume One including the completion of all forms etc. The bidder is instructed to return Volume One with all information, signatures,bid guarantee etc. Volume Two, although applicable to the vendor's bid,should not be submitted. February 2017 County UfFresno Page P-1 . ` Quotation No. 174059 DISCLOSURE _- ��| HISTORY �� °�� "��"�"�� ° °�� " �� " �� 0��0� ��W�� °� � �� ACTIONS �� In their proposal, the bidder is required to disclose if any of the following conditions apply to thann'their owners, off|uaro, corporate managers and partners (hereinafter collectively referred toan''Biddar"t ° Within the three-year period preceding the proposal,they have been convicted of, or had o civil judgment rendered against them for: n fraud or criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or contract under a public transaction; o violation ufefederal or state antitrust statute; o embezzlement, theft,forgery, bribery,falsification,or destruction of records; or o false statements or receipt of stolen property " Within a three-year period preceding their proposal,they have had a public transaction (fadana|`state,or local)terminated for cause ordefault. Disclosure of the above information will not automatically eliminate a Bidder from consideration. The information will be considered as part of the determination of whether to award the contract and any additional information or explanation that a Bidder elects to submit With the disclosed information will beconsidered. (fKis later determined that the Bidder failed tm disclose required information, any contract awarded to such Bidder may be immediately voided and terminated for material failure to comply with the terms and conditions af the award. Any Bidder who is awarded a contract must sign an appropriate Certification Regarding Debarment, Suspension, and Other Responsibility Matters. Additionally,the Bidder awarded the contract must immediately advise the County in writing if,during the term of the agreement- U\ Bidder becomes suspended, debarred, excluded or ineligible for participation in federal or state funded programs or from receiving federal funds as listed in the excluded parties list system or(3)any of the above listed conditions become applicable toBidder. The Bidder will indemnify, defend and hold the County harmless for any loss or damage resulting from a conviction, debarment, exclusion, ineligibility or other matter listed in the signed Certification Regarding Debarment, Suspension, and Other Responsibility Matters. Quotation No. 17-059 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal,the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However,failure ofthe prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation |n this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospectiveprimary participant knowingly rendered mn erroneous certification, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. 4' The prospect:ive primary participant shall provide immediate written notice to the department or agency bo which this proposal in submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted orhas become erroneous bv reason of changed circumstances. 6. The terms covered transaction,debarred, suspended, ineligible,participant, person, primary covered transaction, principal, proposal,and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. G' Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. . . , Quotation No. 174359 CERTIFICATION (1)The prospective primaryparticipant certifies to the best ofits knowledge and belief, that it,its owners, officers, corporate managers and partners: /a\ Are not presently debarred, suspended, proposed for debarment, declared ineligible,o[ voluntarily excluded by any Federal department oragency; (b) Havenotvvithinathvee-yearpehudpracodingthispnupooa| beencunvicbadoforhado civi( 'udgpoentrendenudogainetthennforcomnn(ao(onofhaudorochnmina\nfhansmin connection with obtaining, attempting to obtain,or performing a public(Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bdbnry,falsification or destruction of records, making false statements, or receiving stolen property; (c) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2)Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature: Ooba: March l7. 3Dl7 Chris Durham, President Durham Construction Company, Inc. . . Quotation No. 17~059 SELF-DEALING ��Q��.�� N�� DISCLOSURE TRANSACTION. ~.�.� (FINANCIAL) Contractor agrees that when operating as a corporation (a for-profit or non-profit corporation),or if during the term of the agreement the Contractor changes its status to operate as a corporation, members of the Contractor's Board of Directors shall disclose any self-dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County. A self-dealing transaction shall mean o transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest. Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter. February 2017 County of Fresno Page P-5 Quotation Na. 17^859 PREVAILING ING ES PREVAILING WAGES: The work to be done on this project will involve the repair, alteration, maintenance, installation, rehabilitation, demolition, construction or reconstruction of public bui|dinge, otnueto, uU|QUeo' and/or other public works. In accordance with Labor Code section 1770, et seq.,the Director of the Department of Industrial Relations of the State of California has determined the general prevailing wages rates and employer payments for health and welfare pension,vacation,travel tirneand subsistence pay ma provided for in Section 1773.1. apprenticeship or other training programs authorized by Section 3093,and similar purposes applicable inthis public work project. The prevailing wage rates for all hours worked, including holiday and overtime rates, on this project are on file with the Purchasing Department, 4525 E. Hamilton Avenue, Fresno, California 93702, and are herein incorporated by this reference. Information pertaining to applicable Prevailing Wage Rates may be found on the website for the State of California—Department of Industrial Relations: Information pertaining bo applicable prevailingvvog* oatmofnropprenbmnanmeybafoundonthewebnitafortheStabaof California—Department uf Industrial Rm|aUmns: It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not less than the prevailing wage rates, including overtime and holiday rates,to all workers, laborers,or mechanics employed on this public work project, indudingthoowvmorkermemnp|oyedaa apprentices. Further, Contractor and each subcontractor shall comply with Labor Code sections 1777.6 and 17T7.O concerning the employment ofapprentices. /\copy uf the above-mentioned prevailing wage rates shall ba posted bvthe Contractor et the job site where it will beavailable to any interested party. Contractor shall comply with Labor Code section 1775 and forfeit as a penalty to County Two Hundred Dollars ($200.00)for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work done under this projectbv Contractor orbv any subcontractor under Contractor in violation of Labor Code section 177U. etseq. |n addition Uu the penalty, the difference between the prevailing wage rates and amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker hv the Contractor orsubcontractor. Contractor and each subcontractor shall keep an accurate record showing the names,address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per them wages paid to each journeyman, apprentice, worker,or other employee employed by him or her iO connection with this public work project. |D accordance with Labor Code section 1776,each payroll record shall be cerfified and verified by a written declaration under penalty of perjury stating that the information within the payroll record is true and correct and that the Contractor or subcontractor complied with the requirements of Labor Code sections 1771, 1811 and 1815 for any work performed by its employees on this public work project. Theo* naumndasheUbeopenateUneaeunab|ehounstoinupenUonbytheCmunty. its officers and agents, and to the representatives of the State of California—Department of Industrial F|e\ahone, including but not limited to the Division of Labor Standards Enforcement. Quotation No. 17-059 ��B�� "" � �� " �� A. Pursuant to Sections 1770-1780 of the Labor Code of the State of California,the Director of the Department of Industrial Relations has determined the general prevailing rate of wages in the locality for each craft or type of worker needed to execute the work. Said wage rates pursuant to Section 1773.2 of the Labor Code are on file with the Clerk to the Fresno County Board of Supervisors, and will be made available to any interested person on request. A copy of this wage scale may also be obtained at the following Web Site: B. Pursuant to Section 1775 of the Labor Code of the State of California, nothing in this Article shall prevent the employment uf properly registeredapprenUoeoupnnpubUcvvorka. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he/she is employed, and shall be employed only at the work of the craft ortrade to which he/she is registered. C. Only apprentices,as defined in Section 3077,who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing at Section 3070), Division 3, of the Labor Code, are eligible to be employed on public works. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he/she is training. D. Fresno County is committed to increasing the availability of employment and training opportunities,with particular attention to the plight of those who are most economically disadvantaged. In an effort to advance that purpose,the County will require that, for cerlain specified projects, amidentifiedbytheCountyinthaRequestforPnnpoaa|submnidedbytho County for that particular Job Order,the Contractor and each subcontractor employed thereon shall use their best efforts to ensure that thirty-three percent(33%)of apprentice hours, as determined by California Labor Code Section 1777.5 for each contractor and subcontractor of any tier mn this Project, arepwrfonnodbyquo|ifiedpapUoipantainshste appn/vedappronUcaahipproQoarnevvhoo|oomrecunantorfornner"VVa|bxva-to-VVorh^ participants in the Co|VVC)RKs program. Provided,that this Paragraph D shall not apply to any projects thutonsh*demaUyfundedin whole orin part, orho any projects thmdfaUm/bhiothedefiniUonof^nnaintenunoavvork"anUhot term io defined in California Public Contract Code §22OO2(d);and each project tmwhiohUl|o Paragraph Dis applicable shall beidentifiadby the County in the Request for Proposal submitted by the County for that particular Job Order. Provided further,that nothing contained in this Paragraph D shall be interpreted to relieve or in any way diminish the obligation of the Contractor and each subcontractor ko comply fully with all applicable apprenticeship laws in accordance with the California Labor Code and the California Code of Regulations;and accordingly such requirements mo are contractually imposed bythis . Paragraph D shall be in addition to such legally mandated requirements, and applicable only to the extent fully consistent therewith. Quotation No. 17-059 VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION Firm: Durham Construction Company, Inc. REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services. Be sure to include all requested information. Reyburn Intermediate School and Reference Name: Clovis East High School Modernization Contact: Christopher Smith Address: 1450 Herndon Avenue City: Clovis State: CA Zip: 93611 Phone No.: 559 327-9246 Date: 10/3112016 Service Provided-, School Modernizations Reference Name: Robinson Elem.School Kindergarten Bldg. Contact: Ronika Barnes Address: ci qR N Rrawtey Avenue City: Fresno State: CA Zip: 93722 Phone No.: (559 457-3704 Date: 10/312016 Service Provided: Construction of new kindergarten building Reference Name: CSUF Health Center TI Contact: Tom Wells Address: CST 1,Fresno 5044 Barmn City: Fresno State: CA Zip: 93740 Phone No.: (559 278-2373 Date: 1/13/2017 Service Provided: Tenant Improvement at CSU Fresno Reference Name: Madera Adult TI Contact: George Cummings Address: 2037 West Cleveland Avenue City: Madera State: CA Zip: 93637 Phone No.: (559 675-4548 Date: 12/31/2016 Service Provided: Interior Tenant Improvement Reference Name: County Main Jail 2nd Floor Remodel Contact Roger Davidson Address: 2220 Tulare Street,Suite 720 City: Fresno State: CA Zip: 93721 Phone No.: 559 696-4130 Date: In progress Service Provided: Interior Tenant Improvement February 2017 County of Fresno Page P-8 Quotation No. 17-059 DOR ACKNOWLEDGEMENT I acknowledge in accordance with labor Code Sections 1725.5 and 1770-1777.7,that I have registered with the Department of Industrial Relations(DIR)and all Certified Payroll Records will be uploaded to the DIR Website. Any additional requirements that materialize from the SB854 legislation will be complied with. Attached is verification o the DIR registration. /Chris Durham (Authorized Signature in Blue Ink) President Title #1000002869 DIR Number CONTRACTOR'S LICENSE: Bidder to possess appropriate license for the project in accordance with current regulations/statutes. The bidder shall possess a current State of California contractor's License,Class B or another license class that covers the work to be performed. The proposal must indicate the license held by the bidder, which enables him/her to perform the work. Number and Class: #765896; A,B,C21,HAZ Date of Issue: 7/16/1999 Bidder must also submit verification of Contractor's License from the Department of Consumer Affairs- Contractors'State License Board. Failure to submit verification may result in bidder's response being considered non-responsive. If the license is other than a Class B,the bidder must explain why his/her license(s)is acceptable. The County will review and determine if acceptable. NA February 2017 County of Fresno Page P-9 State Of California CONTRACTORS STATE LICE14SE BOARD ...,. ACTIVE LICENSE Conkumcr .affair. L,tMao M 766896 EnN CORP �x r DURHAM CONSTRUCTION COMPANY INC cros�+e�naorts, A B C21 HAZ i 6p,o0on Do:c 07/31/2017 www.csib.ca.gov ! Any change of business address/name must be reported to the Registrar within 90 days This license is not transferrable,and shall be returned to the Registrar upon demand when suspended,revoked,or Invalidated for any reason. This pocket card is valid through the expiration date only. If found,drop in any mailbox. Postage guaranteed by: Contractors State License Board P.U.Box 2C--XCG,Sacramento CA 95826 Licensee Signature " C? Cy G a 2 W y. Z c 3� m `ri o a cr O p �G Q c4.. O N a m California Department of Industrial Relations - Contact DIR Page I of 1 Press Room I Contact GIR I CA.gov Go to Search v r Public Works Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2.Part 7,Chapter 1(commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor(s)matching your selections. Registration Year (Current Fiscal Year:2016t17 v PWC Registration Number: example:1234567890 Contractor Legal Name: example:ABC COMPANY Contractor License lookup License Number: 765896 County: Select County-- pj Search Reset Export as: Excel{ PDF Search Results One registered contractor found. 1 Details,Legal Name i Registration County City Registration:Expiration ` Number ° Date Date ..-_----------__...._..___.._.............__.__._...._.___.___.... _.._.___-_.......---.._....-._--....._.._____. .--_.-------_..__ View DURHAM CONSTRUCTION COMPANY,INC. 1000002869 FRESNO CLOVIS 05/09/2016!06/30/2017 v2.20160101 About DIR Work with Us Learn More Who we are Licensing,registrations,certifications&permits Site Map DIR Divisions,Boards&Commissions Notification of activies Frequently Asked Questions Contact DIR Public Records Act lobs at DIR Conditions of Use Privacy Policy Disclaimer Disability accommodation Site Help Copyright 0 2016 State of California Quotation No. 17-059 BIDDERS' REQUIRED DOCUMENTS Because of numerous technical irregularities resulting in rejected bids for recent projects, the following checklist is offered for the bidders' information and use in preparing the bid. This checklist is not to be considered as part of the contract documents. Bidders are cautioned that deleting or not submitting a form supplied in the bid documents (even if the form does not require signature)may result in an irregular bid. Complete and submit the following with your bid: COVER PAGE OF RFQ#17-059 VOLUME I DISCLOSURE—CRIMINAL HISTORY&CIVIL ACTIONS CERTIFICATION REFERENCE LIST DIR REGISTRATION ACKNOWLEDGEMENT BID SHEET Bidder name on each sheet. Number for each Adjustment Factor. Make no additions such as"plus tax',"plus freight",or conditions such as"less 2%if paid by 15th". Use black ink or typewriter. Acknowledge addenda. SUBCONTRACTOR LIST Bidders are not required to submit a list of subcontractors with their bids as the Job Order Contract is an indefinite quantity contract and therefore the work is not defined prior to award. However,if the Contract is awarded, the successful bidder will be required to submit a list of all subcontractors with all Proposals for individual Job Orders. SIGNATURE PAGE-READ THE NOTICES AND NOTES Indicate type of bid security provided. Provide contract license information. State business name and if business is a: Corporation-list officers Partnership-list partners Joint Venture-list members;if members are corporations or partnerships,list their officers or partners. Individual-list Owner's name and firm name style Signature of Bidder-Bid Must Be Signed! Corporation-by an officer Partnership-by a partner Joint Venture-by a member Individual-by the Owner February 2017 County of Fresno Page P-10 Quotation No. 't 7-059 If signature is by a Branch Manager,Estimator,Agent,etc.,the bid must be accompanied by a power of attorney authorizing the individual to sign bids,otherwise the bid may be rejected. Business Address-Firm's Street Address Mailing Address-P.O.Box or Street Address BID SECURITY(BID GUARANTEE) Twenty Five Thousand Dollars($25,000.00).Submit with your bid. Type of Bid Security: Cashier's or Certified Checks-Will be held until the bid is no longer under consideration. If submitted by a potential awardee,they will be returned when the contract bonds are submitted and approved. Bid Bonds - Must be signed by the bidder and by the attorney-in-fact for the bonding company. Signature of attorney-in-fact should be notarized and the bond should be accompanied by bonding company's affidavit authorizing attorney-in-fact to execute bonds. An unsigned bid bond will be cause for rejection. NON COLLUSION AFFIDAVIT Must be completed,signed,and returned with bid. GUARANTY OF WORK Must be completed,signed and returned with bid. OTHER If you remove the bid from the specifications booklet,please staple the pages together. Make sure your bid envelope is sealed and shows the project name. If you mail your bid,allow time for postal delay. Bids received after the set time(as defined on the RFQ front cover page)will be returned unopened. Be sure the statement"Do Not Open Until Time of Bid Opening"is on the envelope. If you have any questions,please contact Darren Howard,Purchasing Division,(559)600-7119. February 2017 County of Fresno Page P-11 . CO BID SHEET 56 BIDDER: Durham Construction /u Inc.�w SOLICITATION NO.: 17~059 PROJECT: Job Order Contract The bidder, declares that the only persons, or parties interested in this bid as principalsana those named herein;that this bid is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work,the annexed proposed form of contract, and the Bid Documents therein referred to; and he proposes and agrees if this bid is accepted, that he will contract with the County of Fresno to provide all necessary machinery,tools, oppanatusand other means nfconatrucbon. and budoaU the work and furnish allthe mnote�a|usb ncdUed in the contract\n the manner and time therein premohbed, and according ho the requirements of the Owner us therein set forth, and that he will take infull payment therefore the following Adjustment Factors,ho-wit This Work is to be performed in accordance with the Bidding Documents including the Bidding Information, Contract forms, General and Supplemental Conditions, and Addenda Numbers ` and Bid |bamnm: 1. Adjustment Factors. The Contractor bids four Adjustment Factors that pN\beapplied against the Unit Prices set forth inthe Construction Task Catalogo. These Adjustment Factors will be used to price out lump sum fixed price Job Orders by multiplying the Adjustment Factor by the Unit Prices and quantities. I(' Base Period U2 months from Notineof contract award orexpenditure of the$2.000,00 maximum value of the contract,whichever occurs first) Item 1-Unit work requirements to be performed during Normal Working Hours for non- federally funded Projectsunovdenadby!haCounh/in |ndividua|JobOnjensageinattho contract. Utilize four decimal places Bid f6r Normal Worki6b Hours-in words ' Item 2-Unit work requirements to be performed during Other Than Normal Working Hours for non-federally funded Projects ouondmnadbytheCOUNTYinindividum\ Job Orders against the contract. (Note: Item 2 may not be lower than Item 1.) 2. . . . co BID SHEET Bidder: Durham Construction Company, Inc. Item 3- Unit work requirements tobe performed during Normal Working Hours for federally funded Projects as ordered bv the County in individual Job Orders against the contract. 0Vote: Item 3 may not be lower than Item 1.\ _ Utilize four decimal places Bid fol Normal Workin5 Hours-in words Item 4- Unit work requirements to be performed during Other Than Normal Working Hours for federally funded Projects as ordered by the COUNTY in individual Job Orders against the contract. (kkobp: Item 4 may not bm lower than Item 1) 4. Utilize four decimal places Bid f6r Other Than Norrfial Working Hours-in words Award criteria: The award will be based on Adjustment Factors evaluated as follows: 6596 of Normal Working Hours Factor for non-federally funded Projects (Linm1Bo|mw)addmdb>2OY6of Other Than Normal Working Hours Factor for non-federally funded Projects (Line 2Be|ow\ added to1OY6ofNormnm| VVodhin0 Hours Factor for f*denaUyfunded Pudeobs(Line 3Be| ' added to5��of[>thar Than Normal VVorhingHours Factor for fmdenaUy fundedP Projects (Line Below). ' ' Award Criteria Formula: 8 n B = C Adjustment Factor from Adjustment Factor Percentage ofAdjustment Above Multiplier for Factor to be used in Evaluation Evaluation (carry to4 decimal p|a000) 1. ' x .65 53013, Line 1 2. U /x .2O = Line 2 � J. x .1U = Oa Line 3 \ C- 4. Li � .U5 = Line 4 5. Award Criteria Figure: - co BID SHEET Bidder: Durham Construction Company, Inc. 56 -ern guntation h.17-059 BIDDING DOCUMENTS 1. Specify lines 1 through Gto four(4)decimal places. Use conventional rounding methodology(i.e., if the number in the 5th decimal place is 0-4,the number in the 4th decimal remains unchanged; if the number in the 5th decimal place io5'9. the number in the 4th decimal im rounded upvvanj\ 2. The weighted multipliers above are for the purpose of calculating an Award Criteria Figure only. No assurances are made by the Owner that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above. The Award Criteria Figure|a only used for the purpose of determining the Bid. 3. When submitting Job Order Price Proposals related to specific Job Orders,the Bidder shall utilize one or more of the Adjustment Factors applicable to the Work being performed. . co SIGNATURE PAGE BIDDER: Durham Construction Company, |n case nfa discrepancy between words and figures, the words shall prevail. U this bid shall be accepted and the undersigned nhaUfai|hocontn*ut am aforesaid,and to give the two bonds in the sums to be determined as aforesaid,wiith surety satisfactory to the Awarding Authority,within ten /1 days after the award of the contract,the Awarding Authority, at its option, may determine that the bidder has abandoned the contract, and thereupon this bid and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this bid shall operate and the same shall be the property of the Owner. PROJECT: Job Order Contract SOLICITATION NO.: 17-059 Accompanying this bid is security(check one only)in amount equal to Twenty-Five Thousand DoUoro /$25.0OO.DDOt Bid Bond ( }{ ); CarUfied Check( Cashier's Check The names of all persons interested in the foregoing bid as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary,treasurer and manager thereof; ifaou- pmdoermhip, state true name of firm, also names of all individual co-partners composing finn;{f bidder or other interested person is an individual, state first and |mat name in full. F|FlKA NAME: Tlucboro Construction Company,Inc.; State ofIncorporation: California Chris Durham' President, Secretary,Treasurer and Manager Licensed in accordance with an act providing for the registration of Contractors, Class A,B,C%l License No. 765996 Expires (Furnishing Contractor License information aa part of this bid io optional and io requested bz facilitate verification licensure March \7. 20l7 CID 10 NOTE: If bidder iso corporation, the legal name ofthe corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership,the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if bidder is an individual, his signature shall be placed above. |f signature ie by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the Owner prior to opening bids or submitted with the bid; otherwise,the bid will be disregarded ms irregular and unauthorized. \025 Holland Avenue Business Address: Clovis, [|/\g36l2 Zip Code: 93612 Mailing Address: l025 Holland Avenue city: Clovis State: CA Zip: 93612 Phone No.: (559 \ 4 0 Fax No.: / 559 \ 294-9200 February 2017 County of Fresno PageP4G North American Specialty Insurance Company Manchester, New Hampshire 03101 BID BOND KNOW ALL MEN BY THESE PRESENTS, That We, Durham Construction Company Inc of =-J Holland Ave Qlovi% CA 93611 as Principal, and North American Specialty Insurance Company, of Manchester, New Hampshire, as Surety, a New Hampshire corporation duly licensed to do business in the State of CA are held and firmly bound unto County of Fresno Purchasing Department as Obligee, In the penal sum of Twenty Five Thousand Dollars and 00/10Q Dollars ($ 25,000_), for the payment' of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted,or is about to�submlt, a proposal or a bid to the Obligee on a contract for RFQ#17-059 Job Order Contract NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or, if no period be specified, within ten (10) days after the notice of such award into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract with another' party to perform the work if the latter amount be In excess of the former; in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. Any person who, with the intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement Is guilty of Insurance fraud. -SIGNED , SEALED AND DATED this 21 st day of February 2017 Durham Construction Company Inc ADDRESS ALL CORRESPONDENCE TO: ft WU11111111' 1�4141"11 By:0North American Specialty Inh, 7M Lucerne Drive Islander Park Bldg 2. Suites EAL Middleburg Heights,OH North AmerlenApeclalty insurance company (440) 816-3100 °''iii,��o`�l aso`: By: o U 7 Ny.—�a—n in- BND 140 S REV(05M) ' ' . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State ofCalifornia \ / ss County oFFresno \ On before me, Bonnie Gonzalez, Notary Public personally appeared Cody Lyman__, who proved to me on the basis of satisfactory evidence to be the peBon{-54 whose narne(s4 \sla+-e subscribed to the within instrument and acknowledged to me that he executed the same in his authorized oapacit«/�sl and that by his signatureks4 on the instrument the peruon14 or the entity upon behalf of which the personl6\acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VV\TNE55 my hand and official seal. BONNIE GONZALEZ NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY Signature (Seal) 8onni� Gonzalez, Notary PU1Dic ``-~' NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: Cody Lyman Its true and lawful Attomey-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,the following surety bond: Principal: Durham Construction Company Inc Bond Number: Bid Bond Obligee: County of Fresno Purchasing Department Bond Amount: See Bond Form Bond Description: RFQ 1=#17-059 Job Order Contract Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of. FIFTY MILLION($50,000,000)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9 h of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." p\\\tlUilll((!Ut//It/ � 1 �ywaNmJmolgt� yQ�f'pQl'pt{a��.`, '° t'+ piwP /y`PG F. Y $�` ° fir •. : �� Steven P.Anderson,Senior Vice President of Washington International Insurance Company zz S�{l, ¢. t$73 :m= &Senior Vice President of North American specialty Insurance Company '/U/tltt nnlruvvvvvv 13Y 5- Michael A.Ito,Senior Vice President of Washington International insurance Company cbZrj1zM00 &Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 1st day of October ,2015 _ North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 1 st day of October 2015,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A.Ito, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFtCtAL SEAL NOTARY PUBLIC,S7ATE OF t1 UN01S M.Kcnny,Notary Public tJtY COMMiSSfON EXPIRES t?10412At7 1, Jeffrey Qoldber the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 215t day of February_ ,2017 . Ief tyGoldberg,VicePresident&AssistantSecrcutyof 1Vasiungton international Insurance Company&Nonh American Specialty Insurance Company Durham Construction Company,, Inc. 1025 Holland Ave. Clovis, CA 93612 Phone (559) 294-9500 FAX(559) 294-9200 www.durham-construction.com EVIDENCE OF AUTHORITY TO BIND CORPORATION Durham Construction Company, Inc., a California Corporation #C1938575, certifies that Chris Durham, 10432 Princeton Ave., Sanger, CA 93657, is the holder of all corporate offices, President, Secretary, and Chief Financial Officer, and is the sole director of the corporation. Chris Durham is the holder of all issued and outstanding stock and has full authority to bind the corporation and or act as its agent. Certification Dated: March 17, 2017 Signature: Name: Chris Durham Title: President . co 56 Quotatii)n No.17-059 BIDDING DOCUMENTS PROJECT: Job Order Contract SOLICITATION NO.: 17-058 Purchasing Department, County ofFresno: N(}NCC}LLUS|{}NAFF|DAV|T TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Chris Durham (Printed or Typed Name) being first duly sworn,deposes and says that he or she is President (Owner, Partner, Corporate Officer(list title), Co-Venturer) of Durham Construction Company, Inc. (Bidding Entity) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of,any undisclosed person,partnership,company, association, organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and,further,that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,company association, organization, bid depository,or to-anybaror agent thereof to effectuate o collusive orsham bid //�& �& Mocobl7 2017 �8_`ignaturW (Dated) (Title 23 United States Code Section 112) (Calif Public Contract Code Section 71OG; 8tats.1Q88' u. 1548. Section 1.) °/VOTE- Completing, signing, and returning the Noncollusion Affidavit is a required part of the Bid. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CALIFORNIA JURAT WITH AEEIAN'T STATEMENT GOVERNMENT CODE§8202 See Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 2 'J Signature of Document Signer No. 1 Signature of Document Signer No. 2(if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califo nia Subscribed and sworn to {or-dffir'md) before me County of 1 on this _7 day of Mar 20 /7, by Date Month Year BRENDA J.DURHAM (1) C'A ris U��*•ji�- �- Notary Pyblic-California. z - Fresno:County (and-W ) Commission 0 2155288 Name(&)of Signer(4 M Comm.-Ex ires Jun 26.2020 proved to me on the basis of satisfactory evidence to be the person(&) who appeared before me. Signature Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: 02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5910 . CO 56 PROJECT: Job Order Contract SOLICITATION NO.: 17'059 CERTIFICATION WITH REGARD T0 THE PERFORMANCE OF PREVIOUS CONTRACTS OFl SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS. The contractor p dsubcontractor, Durham Construction(� T . a ias not participated in a previous contract or subcontract subject to the equal U, clause, as required by Executive Orders 10925, 11114, or 11246, and that he ha or has not>filed with the Joint Reporting Committee,the Director of the Office of Federal Mnl'ra�ct�Compliance,a Federal Government contracting or administering agency, or the former Presidents Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Durham Construction Company, Inc. By: Cull & /Chris Durham President Date: NOTE: The above certification ia required bw the Equal Employment Opportunity Regulations cf the Secretary of Labor(41 CFR 60-1.7(b)(1),and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in41CFRGO-1.G. (Generally only contracts or subcontracts uf$10.DOOnr under are exemmpt.) Currently,Standard Form 100 (EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1)prevents the award of contracts and subcontracts unless such n��otn submits �covering the delinquent period hoth rperiod i� dbvtb contractor nn anapo o o[ng eorouc e specified ��' u Director, Office of Federal Contract Compliance, U.S. Department of Labor. ^ *Circle one of the options provided. Febmury2O17 County OfFresno Page P-18 ` CO 56 PROJECT: Job Order Contract SOLICITATION NO.: 17-058 NOTE: The bidder shall check Box Anr Box B. If the bidder does not check a box it will bs deemed that he has checked Box A. The bidder certifies that: A. ( \ |do not intend to subcontract any work on this project. B. ( }{ ) \ do intend bo subcontract portions nf the work un this project. In accordance with the provisions of Section, "Participation by Minority Business Enterprises in Subcontracting."in the Special Provisions, | have taken affirmative action to seek out and consider minority business enterprises for the portions of the work which are intended to be subcontracted and that such affirmative actions are fully documented in my records and are available upon request. In addition, |will take such aMinnadva action on any future subcontracting for the life of this contract. The aboveuertifiostionio required bv Executive Order 11G25. Durham Construction Company, Inc. By: /Chris Durham Date: ym8idoo< February 2017 County ofFresno PogeP-19 . co Notation No.17-059 BIDDING DOCUMENTS PROJECT: Job Order Contract SOLICITATION NO.: 17-059 TITLE 49. CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The contractor under penalty of perjury, certifies that, except oo noted below, he/she or anypenaonessmoatedtherewithinthooapocbvofcmvnar. padoer. din*cbor' ofhoor, nnmnagec is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility bv any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible bvany federal agency within the past 3 years;does not have a proposed debarment pending; and has not been indicted, convicted,or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3years. If there are any exceptions to this certification, insert the exceptions in the following space: / }{ \ No Exceptions Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency,and dates mfaction: Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification\s part of the Bid. Signing the Bid un the signature portion thereof shall also constitute signature of this Certification. By my signature on this bid, I certify, under penalty of perjury under the laws of the State of California and the United States of America,that the Title 23 United States Code, Section 112 Non-Collusion Affidavit and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. Durham Constrgction Company, Inc. ' By: 04140/Chris Durham Date: March 1/` 20// President February 2817 County DfFresno PagaP-20 . ' Quotation No. 17~059 PROJECT: Job Order Contract SOLICITATION NO.: 17-O5S (This guaranty shall be executed bythe successful bidder in accordance with instructions inthe Special Provisions. The bidder may execute the guaranty on this page zd the time ofsubmitting his bid.) GUARANTY To the Owner: County ofFresno The undersigned guarantees the construction and installation ofthe following work included in this project: ALL WORK Should any of the materials orequipment prove defective or should the work usa whole prove defective, due to faulty workmanship, material furnished or methods of installation,or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve(12)months after Notice of Completion has been filed on a specific Job Order on which this contract is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand,for its expenses incurred in restoring said work to the condition contemplated in said project, inc{udinQthecnstof any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs,or, upon demand by the Owner,to replace any such material and to repair said work completely without cost to the Owner so that said work will function successfully aa originally contemplated. The Owner shall have the unqualified option to make any needed replacement or repairs itself or ho have such replacements nr repairs done by the undersigned. In the event the Owner elects tn have said work performed by the undersigned,the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Owner. K the undersigned shall fail or refuse bm comply Wth his obligations under this guaranty,the Owner shall be entitled to all costs and expenses, including oftnrneym'fmes. reasonably incurr lr# )Y,��) .Chris Durham, President Dote: Contractor: COUNTY OF FRESNO ADDENDUM NUMBER,: ONE (1 ) RFQ NUMBER.- 17-059 JOB ORDER CONTRACT Issue Date: March 7, 2017 IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER,CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO,PURCHASING 4525 EAST HAMILTON AVENUE,2n'Floor FRESNO,CA 93702A599 1CLOSING DATE OF QUOTATION WILL BE AT 2:00 P.M., ON MARCH 179 20(77]. QUOTATION WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2-.01 P.M. All quotation infonnation will be available for review after contract award. Questions must be submitted on the Bid Page at Public Purchase or contact Darren Howard, at(559)600-7110. NOTE THE ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER: 17-059 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN IN BLUE INK AND RETURN THIS ADDENDUM WITH YOUR QUOTATION. > Questions and Answers ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE AUTO RFQ 17-059 Durham Construction Company,Inc. COMPANY NAME: I (PRINT) SIGNATURE (In Blue Ink): �Y*A NAME &TITLE: Chris Durham, President (PRINT) Purchasing Use:DH:st ORG/Requisition.,8935/1321701112 G:\PUBLICkRFQ\FY 2016-17\17-059 JOB ORDER CONTRACT\17-069 ADDENDUM 1.DOC (01/2017)