HomeMy WebLinkAboutAgreement A-15-182 with Ardent General.pdfAgreement No. 15-182
1 AGREEMENT
2 This AGREEMENT ("Agreement") is made and entered into this 19111 day of May, 2015, by and
3 between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter
4 "COUNTY'', and Ardent General, 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 WI T N E S S E T H:
9 This Agreement shall establish a competitively bid, fixed price, indefinite quantity, Job Order
1 0 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. 912-5334 and all addendums
18 thereto (collectively, the "RFQ") attached hereto as Exhibit A and CONTRACTOR's Response to the
19 RFQ ("Response") attached hereto as Exhibit 8, both of which are incorporated herein by reference
20 and made a part of this Agreement. All capitalized terms used in this Agreement shall have the
21 meanings attached to them as set forth in COUNTY's RFQ.
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I.
A.
OBLIGATIONS OF CONTRACTOR
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.
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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 each Job Order under this Agreement.
CONTRACTOR shall comply with Labor Code Section 1775. In accordance with said
Section 1775, the CONTRACTOR shall forfeit as a penalty to the COUNTY $200.00 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 this Agreement 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 this Agreement 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
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1 provisions of Section 1777.5 and Section 1777.6 of the Labor Code concerning the employment of
2 apprentices.
3 C. It is further understood and agreed that, in accordance with the provisions of
4 Sections 1810 to 1815 of the Labor Code of the State of California, eight (8) hours labor shall
5 constitute a day's work, but because this is a contract for public work, work performed by
6 employees of the CONTRACTOR and each Sub-Contractor in excess of eight (8) hours per day,
7 and forty (40) hours in any one week, shall be permitted upon compensation for all hours worked in
8 excess of eight (8) hours per day at not less than one and one-half (1 1/2) times the basic rate of
9 pay.
1 0 The CONTRACTOR and each subcontractor shall keep an accurate record showing the
11 names and actual hours worked of all workers employed by him in connection with the work
12 contemplated by this Agreement, which record shall be open at all reasonable hours to the
13 inspection of the COUNTY or its officer or agents and to the Chief of the Division of Labor Statistics
14 and Law Enforcement of the Department of Industrial Relations, his deputies or agents. It is hereby
15 further agreed that said CONTRACTOR shall forfeit as a penalty to the COUNTY the sum of
16 twenty-five dollars ($25) for each laborer, workman employed by CONTRACTOR or any
17 subcontractor under CONTRACTOR, for each calendar day during which such laborer or workman
18 is required or permitted to labor more than eight (8) hours in violation of this stipulation.
19 The Board of Supervisors hereby specifies that portions of the work can only be performed
20 outside the regular working hours as defined in the applicable collective bargaining agreement filed
21 with the Director of Industrial Relations in accordance with Labor Code Section 1773.1, and that the
22 overtime requirements for Saturdays, and holidays are hereby waived for these portions of the
23 work, as more particularly described in the specifications. However, this exemption shall not negate
24 the overtime provisions specified in Labor Code Section 1815.
25 D. All agreements between the CONTRACTOR, Sub-Contractors, and Sub-Contractors
26 of lower tier shall be subject to COUNTY's approval. In no case does such approval relieve the
27 CONTRACTOR of any conditions imposed by this Agreement or any other Contract Documents.
28 Sub-Contractors may be added, deleted or substituted only in accordance with the provisions of
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1 Public Contract Code Section 4100 et seq.
2 CONTRACTOR shall bind every Sub-Contractor by the terms of the Contract Documents to
3 carry out their provisions insofar as applicable to their work; and the CONTRACTOR further agrees
4 to pay to each Sub-Contractor promptly upon issuance of Certificate of Payment, his/her or their
5 due portion.
6 Neither the acceptance of the name of Sub-Contractor nor the suggestion of such name nor
7 any other act of the COUNTY nor anything contained in any Contract Document shall be construed
8 as creating any contractual relation between the COUNTY and any Sub-Contractor of any tier.
9 The COUNTY reserves the right to reject any proposed Sub-Contractor, installer, or
10 supplier who cannot show satisfactory evidence of meeting the qualifications required by the
11 Contract Documents. In the event of such rejection, the CONTRACTOR shall, within the time frame
12 listed for submittal of revised Proposals, submit the name and qualifications of a replacement Sub-
13 Contractor, installer or supplier satisfactory to the COUNTY. Such replacement submittal shall be
14 in accordance with all Contract Documents. No adjustment of Proposal price shall be made in the
15 event of such replacement.
16 When an individual Job Order utilizes Federal Funds and the COUNTY elects to require
17 Disadvantaged Business Enterprise (DBE) participation, the CONTRACTOR shall follow the
18 Federal Good Faith Effort requirements for inclusion of DBE Sub-Contractors and suppliers.
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II.
Ill.
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 change orders.
C. The COUNTY will provide inspection and acceptance of the work.
TERM
26 The term of this Agreement shall be in effect for one year from May 20, 2015 through May 19,
27 2016 or when issued Job Orders totaling the Maximum Contract Value have been completed,
28 whichever occurs first. All Job Orders must be issued, but not necessarily completed within one
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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 funds 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, which are as follows:
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Normal Working Hours Adjustment Factor
Other than Normal Working Hours Adjustment Factor
Federally Funded
Normal Working Hours Adjustment Factor
Federally Funded
Other than Normal Working Hours Adjustment Factor
Total
0.8700
0.9200
0.8400
0.8900
0.8780
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
26 specified or indicated in the Contract Documents is not completed within the specified time frames set
27 forth in the Job Order, or within such time limits as extended, damages will be sustained by the
28 COUNTY in the event of and by reason of such delay. It is, and will be, impractical and extremely
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1 difficult to determine the actual damage which the COUNTY will sustain by reason of the delay. It is
2 therefore agreed that the CONTRACTOR will pay, at a minimum, to the COUNTY, the sum of money
3 stipulated per day in the Job Order for each day's delay in completing the work beyond the time
4 prescribed.
5 Application of Liquidated Damages and the value of liquidated damages will be determined by
6 the County on a Job Order by Job Order basis. Each Job Order will state whether Liquidated Damages
7 will be applied.
8 COUNTY may withhold Liquidated Damages from payments to the CONTRACTOR as such
9 damages accrue, or, at COUNTY's discretion, withhold Liquidated Damages from any payments due
1 0 or that become due pursuant to the Contract, including Retention and final payment (pursuant to
11 California Government Code §53069.85). A credit Job Order shall be executed to assess liquidated
12 damages.
13 VII. INDEPENDENT CONTRACTOR:
14 In performance of the work, duties and obligations assumed by CONTRACTOR under this
15 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the
16 CONTRACTOR'S officers, agents, employees and subcontractors will at all times be acting and
17 performing as an independent contractor, and shall act in an independent capacity and not as an
18 officer, agent, servant, employee, joint venture, partner, or associate of the COUNTY. Furthermore,
19 COUNTY shall have no right to control or supervise or direct the manner or method by which
20 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to
21 administer this Agreement so as to verify that CONTRACTOR is performing its obligations in
22 accordance with the terms and conditions thereof.
23 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules
24 and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
25 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no
26 right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be
27 solely liable and responsible for providing to, or on behalf of, its employees all legally-required
28 employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY
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1 harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance
2 with Social Security withholding and all other regulations governing such matters. It is acknowledged
3 that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated
4 to the COUNTY or to this Agreement.
5 VIII. MODIFICATION:
6 Any matters of this Agreement may be modified from time to time by the written consent of all
7 the parties without, in any way, affecting the remainder.
8 IX. DISCREPANCIES:
9 Should the CONTRACTOR, at any time, discover a mistake in any of the Contract
10 Documents or any discrepancy therein or lack of appropriate information, the CONTRACTOR shall
11 not proceed with the work affected thereby until such correction has been made.
12 In resolving conflicts resulting from errors or discrepancies in any of the Contract
13 Documents, the order of precedence shall be as follows:
14 1) Permits from other agencies as may be required by law.
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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 Catalog
11) Reference Specifications
12) Instruction to Bidders
13) Notice Inviting Bids
NON-ASSIGNMENT:
28 Neither COUNTY nor CONTRACTOR shall assign, transfer or sub-contract this Agreement nor
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1 their rights or duties under this Agreement without the prior written consent of the other party.
2 XI. HOLD HARMLESS:
3 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend
4 the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages,
5 liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or
6 failure to perform, by CONTRACTOR, its officers, agents, employees or subcontractors under this
7 Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses
8 occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
9 performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under this
1 0 Agreement.
11 XII. INSURANCE
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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, throughout the term of this 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
27 Agreement.
28 C. Professional Liability
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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. Property Installation Floater
CONTRACTOR shall procure and maintain at CONTRACTOR's sole cost and expense, Property
Installation Floater which provides for the improvement, remodel, modification, alteration, conversion,
or adjustment to existing buildings, structures, processes, machinery and equipment. The Property
Installation Floater shall provide property damage coverage for any building, structure, machinery, or
equipment damaged, impaired, broken, or destroyed during the performance of the Work, including
during transit, installation, and testing at the COUNTY's site. The policy must name the COUNTY as
an additional loss payee and include applicable endorsements.
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.
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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, Fenix
4 Batista, 4590 E. Kings Canyon, Fresno, CA 93702, stating that such insurance coverages have been
5 obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be
6 responsible for any premiums on the policies; that such Commercial General Liability insurance names
7 the County of Fresno, its officers, agents and employees, individually and collectively, as additional
8 insured, but only insofar as the operations under this Agreement are concerned; that such coverage for
9 additional insured shall apply as primary insurance and any other insurance, or self-insurance,
10 maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing
11 with insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be
12 cancelled or changed without a minimum of thirty (30) days advance, written notice given to COUNTY.
13 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
14 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
15 Agreement upon the occurrence of such event.
16 All policies shall be with admitted insurers licensed to do business in the State of California.
17 Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating
18 of A FSC VII or better.
19 XIII. AUDITS AND INSPECTIONS:
20 The CONTRACTOR shall at any time during business hours, and as often as the COUNTY
21 may deem necessary, make available to the COUNTY for examination all of its records and data with
22 respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the
23 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure
24 CONTRACTOR'S compliance with the terms of this Agreement.
25 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject
26 to the examination and audit of the Auditor General for a period of three (3) years after final payment
27 under contract (Government Code Section 8546. 7).
28 XIV. NOTICES:
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The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY
COUNTY OF FRESNO
Fenix Batista
4590 E. Kings Canyon
Fresno, CA 93702
CONTRACTOR
Ardent General, Inc.
Attn: Justin Barton
3122 N. Sunnyside Ave #101
Fresno, CA 93727
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.
17 XVI. DISCLOSURE OF SELF-DEALING TRANSACTIONS:
18 This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
19 or non-profit corporation) or if during the term of this Agreement, the CONTRACTOR changes its
20 status to operate as a corporation.
21 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
22 transactions that they are a party to while CONTRACTOR is providing goods or performing services
23 under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR
24 is a party and in which one or more of its directors has a material financial interest. Members of the
25 Board of Directors shall disclose any self-dealing transactions that they are a party to by completing
26 and signing a Self-Dealing Transaction Disclosure Form (Exhibit 1) and submitting it to the COUNTY
27 prior to commencing with the self-dealing transaction or immediately thereafter.
28 XVII. ENTIRE CONTRACT:
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1 This Agreement constitutes the entire contract between the CONTRACTOR and COUNTY with
2 respect to the subject matter hereof and supersedes all previous contract negotiations, proposals,
3 commitments, writings, advertisements, publications, and understandings of any nature whatsoever
4 unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 CONTRACTOR
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DATE: __ 4_-_/_k _-(_('_-_
10 Ardent General, Inc.
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3122 N. Sunnyside Ave #101
Fresno, CA 93727
14 Approved As to Legal Form
15 Daniel C. Cederberg, County Counsel
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18 Approved As to Accounting Form
Vicki Crow, CPA
19 Auditor-Controller/Treasurer-Tax Collector
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21 By:
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23 nd R~ed for Approval
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Director of Internal Services/
Chief Information Officer
Deborah A. Poochigian
Chairman, Board of Supervisors
DATE: '1Y\4 tq,Lo\~-
ATTEST: tf\ ~ lwtf
1
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Bernice Seidel, Clerk, Board of Supervisors
FOR ACCOUNTING USE ONLY:
lSD -Facility Services
Fund: 1045
Subclass: 1 0000
Dept: 8935
Acct: 7295
EXHIBIT 1
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3 SELF-DEALING TRANSACTION DISCLOSURE FORM
4 In order to conduct business with the County of Fresno (hereinafter referred to as
5 "County"), members of a contractor's board of directors (hereinafter referred to as "County
6 Contractor"), must disclose any self-dealing transactions that they are a party to while
7 providing goods, performing services, or both for the County. A self-dealing transaction is
8 defined below:
9 "A self-dealing transaction means a transaction to which the corporation is a party and in
10 which one or more of its directors has a material financial interest"
11 The definition above will be utilized for purposes of completing this disclosure form.
12 INSTRUCTIONS
13 (1) Enter board member's name, job title (if applicable), and date this disclosure is
14 being made.
15 (2) Enter the board member's company/agency name and address.
16 (3) Describe in detail the nature of the self-dealing transaction that is being disclosed
17 to the County. At a minimum, include a description of the following:
18 a. The name of the agency/company with which the corporation has the
19 transaction; and
20 b. The nature of the material financial interest in the Corporation's transaction
21 that the board member has.
22 (4) Describe in detail why the self-dealing transaction is appropriate based on
23 applicable provisions of the Corporations Code.
24 (5) Form must be signed by the board member that is involved in the self-dealing
25 transaction described in Sections (3) and (4).
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(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Asency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233
(a):
(5) Authorized Signature
Signature: I Date:
I
Exhibit "A"
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 912-5334
JOB ORDER CONTRACT
VOLUME ONE (1)
February 27, 2014
PURCHASING USE G:\PUBLICIRFQIFY 2014-15\912-5334 JOB ORDER
ORG/Re uisition: 8935/1321501094 ss CONTRACn912-5334 JOB ORDER CONTRACT-VOL. 01.DOC
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 27, 2015
QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M.
All quotation information will be available for review after contract award.
Clarification of specifications is to be directed to: Louann Jones, e-mail CountyPurchasing@co.fresno.ca.us,
phone (559) 600-7124, FAX (559) 600-7126.
GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals
(RFP'S) and Requests for Quotations (RFQ'S)" attached. Check County of Fresno Purchasing's Open Solicitations website at
https://www2.co.fresno.ca.us/0440/Bids/BidsHome.aspx for RFQ/RFP 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 "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR
REQUEST FOR QUOTATIONS {RFP'S) AND REQUESTS FOR QUOTATIONS {RFQ'S)"ATTACHED.
COMPANY
ADDRESS
CITY STATE ZIP CODE
TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS
SIGNED BY
PRINT NAME TITLE
PD-Q10 (1/14)
Quotation No. 912-5334
COUNTY OF FRESNO PURCHASING
STANDARD INSTRUCTIONS AND CONDITIONS FOR
REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)
Note: the reference to "bids" in the following paragraphs applies to RFP's and RFQ's
GENERAL CONDITIONS
By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid.
1. BID PREPARATION:
A) All prices and notations must be typed or written in ink. No erasures
permitted. Errors may be crossed out, initialed and corrections
printed in ink by person signing bid.
B) Brand Names: Brand names and numbers when given are for
reference.
C) All bids must be dated and signed with the firm's name and by an
authorized officer or employee.
D) Unless otherwise noted, prices shall be firm for one hundred eighty
(180) days after closing date of bid.
2. SUBMITIING BIDS:
A) Each 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.
B) 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 at least five (5) working days before
bid opening. All addenda issued shall be in writing, duly issued by
Purchasing and incorporated into the contract.
C) ISSUING AGENT/AUTHORIZED CONTACT: This RFP/RFQ has
been issued by County of Fresno, Purchasing. Purchasing shall be
the vendor's sole point of contact with regard to the RFP/RFQ, its
content, and all issues concerning it.
All communication regarding this RFP/RFQ shall be directed to an
authorized representative of County Purchasing. The specific buyer
managing this RFP/RFQ is identified on 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
RFP/RFQ. Contact with any other County representative, including
elected officials, for the purpose of discussing this RFP/RFQ, its
content, or any other issue concerning it, is prohibited unless
authorized by Purchasing. Violation of this clause, by the vendor
having unauthorized contact (verbally or in writing) with such other
County representatives, may constitute grounds for rejection by
Purchasing of the vendor's quotation.
The above stated restriction on vendor contact with County
representatives shall apply until the County has awarded a purchase
order or contract to a vendor or vendors, except as follows. First, in
the event that a vendor initiates a formal protest against the
RFP/RFQ, such vendor 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
vendor may address the Board.
D) Bids received after the closing time will NOT be considered.
E) 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.
3. FAILURE TO BID:
4.
5.
6.
A) If not bidding, return bid sheet and state reason for no bid or your name
may be removed from mailing list.
TAXES, CHARGES AND EXTRAS:
A) County of Fresno is subject to California sales and/or use tax (8.225%) ..
B) DO NOT include Federal Excise Tax. County is exempt under
Registration No. 94-73-03401-K.
C) County is exempt from Federal Transportation Tax. Exemption
certificate is not required where shipping papers show consignee as
County of Fresno.
W-9 -REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND
CERTIFICATION & CALIFORNIA FORM 590 WITHHOLDING EXEMPTION
CERTIFICATE:
Upon award of bid, the vendor shall submit to County Purchasing, 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 vendor.
AWARDS:
A) Award(s) will be made to the most responsive responsible bidder;
however, the Fresno County Local Vendor Preference and/or the
Disabled Veteran Business Enterprise Preference shall take precedence
when applicable. Said Preferences apply only to Request for Quotations
for materials, equipment and/or supplies only (no services); the
preferences do not apply to Request for Proposals. The County shall
be the sole judge in making such determination.
B) The County reserves the right to reject any and all bids and to waive
informalities or irregularities in bids.
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C) Award Notices are tentative: Acceptance of an offer made in
response to this RFP/RFQ shall occur only upon execution of an
agreement by both parties or issuance of a valid written Purchase
Order by Fresno County Purchasing.
D) After award, all bids shall be open to public inspection. The County
assumes no responsibility for the confidentiality of information
offered in a bid.
7. TIE BIDS:
All other factors being equal, the contract shall be awarded to the Fresno
County vendor or, if neither or both are Fresno County vendors, it may be
awarded by the flip of a coin in the presence of witnesses or the entire bid
may be rejected and re-bid. If the General Requirements of the RFQ state
thatthey are applicable, the provisions ofthe Fresno County Local Vendor
Preference shall take priority over this paragraph.
8. PATENT INDEMNITY:
The vendor 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 bid.
9. SAMPLES:
Samples, when required, must be furnished and delivered free and, if not
destroyed by tests, will upon written request (within thirty (30) days of bid
closing date) be returned at the bidder's expense. In the absence of such
notification, County shall have the right to dispose of the samples in
whatever manner it deems appropriate.
10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT:
A) In case of default by vendor, 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 vendor or by proceeding against performance bond of the
vendor, if any, or by suit against the vendor. The prices paid by the
County shall be considered the prevailing market price at the time
such purchase is made.
B) Articles or services, which upon delivery inspection do not meet
specifications, will be rejected and the vendor will be considered in
default. Vendor shall reimburse County for expenses related to
delivery of non-specified goods or services.
C) Regardless of F.O.B. point, vendor 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 vendor from any obligation hereunder.
11. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL
CONDITIONS:
The 'General Conditions" provisions of this RFP/RFQ shall be superseded
if in conflict with any other section of this bid, to the extent of any such
conflict.
12. SPECIAL REQUIREMENT:
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 on 'The List of 800 Hazardous
Substances', published by the State Director of Industrial Relations. (See
Hazardous Substances Information and Training Act, California State Labor
Code Sections 6360 through 6399.7)
13. RECYCLED PRODUCTS/MATERIALS:
Vendors are encouraged to provide recycled or recyclable products/materials
which meet stated specifications.
14. YEAR COMPLIANCE WARRANTY:
Vendor warrants that any product furnished pursuant to this AgreemenUorder
shall support a four-digit year format and be able to accurately process date
and time data from, into and between the twentieth and twenty-first centuries,
as well as leap year calculations. "Product' shall include, without limitation,
any piece or component of equipment, hardware, firmware, middleware,
custom or commercial software, or internal components or subroutines therein.
This warranty shall survive termination or expiration of this Agreement.
In the event of any decrease in product functionality or accuracy related to time
and/or date data related codes and/or internal subroutines that impede the
product from operating correctly using dates beyond December 31, 1999,
vendor shall restore or repair the product to the same level of functionality as
warranted herein, so as to minimize interruption to County's ongoing business
process, time being of the essence. In the event that such warranty
compliance requires the acquisition of additional programs, the expense for
any such associated or additional acquisitions, which may be required,
including, without limitation, data conversion tools, shall be borne exclusively
by vendor. Nothing in this warranty shall be construed to limit any rights or
remedies the County may otherwise have under this Agreement with respect to
defects other than year performance.
15. PARTICIPATION:
Bidder may not agree to extend the terms of the resulting contract to other
political subdivision, municipalities and tax-supported agencies.
16. CONFIDENTIALITY:
All services performed by vendor 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.
Vendor shall submit to County's monitoring of said compliance.
Vendor 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, vendor 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.
Vendor 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.
Vendor shall ensure that any agent, including any subcontractor, to which
vendor provides PHI received from, or created or received by the vendor on
behalf of County, shall comply with the same restrictions and conditions with
respect to such information.
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17. APPEALS:
Appeals must be submitted in writing within seven (7) working days after
notification of proposed recommendations for award. A 'Notice of Awarr:f
is not an indication of County's acceptance of an offer made in response to
this RFP/RFQ. Appeals should be submitted to County of Fresno
Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702-4599.
Appeals should address only areas regarding RFP contradictions,
procurement errors, quotation rating discrepancies, legality of procurement
context, conflict of interest, and inappropriate or unfair competitive
procurement grievance regarding the RFP/RFQ 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 AgenUCAO 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 AgenUCAO's
decision, the final appeal is with the Board of Supervisors.
18. OBLIGATIONS OF CONTRACTOR:
A) 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.
B) CONTRACTOR shall obey all Federal, State, local and special
district laws, ordinances and regulations.
19. AUDITS & RETENTION:
The Contractor shall maintain in good and legible condition all books,
documents, papers, data files and other records related to its performance
under this contract. Such records shall be complete and available to
Fresno County, the State of California, the federal government or their duly
authorized representatives for the purpose of audit, examination, or
copying during the term of the contract and for a period of at least three (3)
years following the County's final payment under the contract or until
conclusion of any pending matter (e.g., litigation or audit), whichever is
later. Such records must be retained in the manner described above until
all pending matters are closed.
20. DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS:
Applies to Request for Proposal (RFP); does not apply to Request for
Quotation (RFQ) unless specifically stated elsewhere in the RFQ
document.
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.
21. DATA SECURITY:
Individuals and/or agencies that enter into a contractual relationship with the
COUNTY for the purpose of providing services must 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 or processes COUNTY
data, internally or externally.
COUNTY shall provide oversight to Contractor's 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 deemed necessary by COUNTY
in its sole discretion. Contractor will be responsible for all costs incurred as a
result of providing the required notification.
The County selected The Gordian Group's (Gordian) Job Order Contracting
(JOG) Solution (Gordian JOG Solution TM) for their JOG program. The Gordian
JOG Solution includes Gordian's proprietary eGordian® JOG 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
JOG System License and Fee Agreement, and pay a 1% JOG System License
Fee to obtain access to the Gordian JOG Solution.
22. PURCHASING LOCATION & 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, 8:00A.M. to 12:00 Noon and 1:00 P.M. to 5:00P.M. PST; Purchasing
is closed daily from 12:00 Noon to 1:00 P.M. The following holiday office
closure schedule is observed:
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January 1*
Third Monday in January
Third Monday in February
March 31*
Last Monday in May
July 4*
First Monday in September
November 11*
Fourth Thursday in November
Friday following Thanksgiving
December 25*
New Year's Day
Martin Luther King, Jr.'s Birthday
Washington -Lincoln Day
Cesar Chavez' Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas
* When this date falls on a Saturday, the holiday is observed the
preceding Friday. If the date falls on a Sunday, the holiday is observed
the following Monday.
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DOCUMENT SUBMITTAL
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 etc.
The bidder in 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.
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Quotation No. 912-5334
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 (http://www.epls.gov); 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.
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Quotation No. 912-5334
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 of the
prospective primary participant to furnish a certification or an explanation shall disqualify
such person from participation in 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 prospective primary participant knowingly rendered an
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 prospective primary participant shall provide immediate written notice to the
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
become erroneous by reason of changed circumstances.
5. 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.
6. 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.
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Quotation No. 912-5334
CERTIFICATION
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it, its
owners, officers, corporate managers and partners:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(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 a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, 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: Date:
(Printed Name & Title) (Name of Agency or Company)
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Quotation No. 912-5334
SELF-DEALING TRANSACTION DISCLOSURE
(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 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 Fresno County Self-Dealing Transaction
Disclosure Form and submitting it to the County prior to commencing with the self-dealing
transaction or immediately thereafter.
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Quotation No. 912-5334
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/opri/PWD/index.htm. Information pertaining to
applicable prevailing wage rates for apprentices may be found on the website for the State of
California -Department of Industrial Relations:
http://www.dir.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.
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Quotation No. 912-5334
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:
www.dir. ca. govldlsr.
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 CaiWORKs 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 2015 County of Fresno Page P-7
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Quotation No. 912-5334
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR 0UOJAUON
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 2015 County of Fresno Page P-8
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Quotation No. 912-5334
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 # 912-5334 VOLUME I
DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS CERTIFICATION
REFERENCE LIST
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 General Requirements 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
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.
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Quotation No. 912-5334
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
Optional for bidder to complete and return 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 Louann M. Jones, Purchasing Division, (559) 600-7118.
February 2015 County of Fresno Page P-10
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810 SHEET
lluotation No. 812-5334 BIDDING DOCUMENTS
BIDDER:
SOLICITATION NO.: 912-5334
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 2015 County of Fresno Page P·ll
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BID SHEET
lluotation No. 912-5334 BIDDING DOCUMENTS
Item 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 be lower than Item 1.)
3.
Utilize four decimal places
Bid for Normal Working 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. (Note: Item 4 may not be lower than Item 1)
4.
Utilize four decimal places
Bid for Other Than Normal Working Hours -in words
Award criteria: The award will be based on Adjustment Factors evaluated as follows: 65% of
Normal Working Hours Factor for non-federally funded Projects (Line 1 Below) added to 20% 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 to 5% of Other Than Normal Working Hours Factor for federally funded Projects (Line 4
Below).
Award Criteria Formula:
1.
2.
3.
4.
A
Adjustment Factor from
Above
Line 1
Line 2
Line 3
Line 4
February 2015
X
X
X
X
X
B =
Adjustment Factor
Multiplier for
Evaluation
.65 =
.20 =
.10 =
.05 =
Award Criteria Figure:
County of Fresno
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c
Percentage of Adjustment
Factor to be used in
Evaluation
(carry to 4 decimal places)
Page P-12
BIDDER TO COMPLETE
Quotation No. 912-5020 BIDDING DOCUMENTS
Notes to Bidder:
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 2015 County of Fresno Page P-13
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SIGNATURE PAGE
Uuotation No. 912-5334 BIDDING DOCUMENTS
BIDDER:
In case of a discrepancy between words and figures, the words shall prevail.
If this bid shall be accepted and the undersigned shall fail to contract, as aforesaid, and to give
the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the
Awarding Authority, within ten (1 0) 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.: 912-5334
Accompanying this bid is security (check one only) in amount equal to Twenty Five Thousand
Dollars ($25,000.000):
Bid Bond ( ___ ); Certified 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; 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 individual, 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 licensure)
Signature of Bidder Dated
February 2015 County of Fresno Page P-14
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Quotation No. 812-5334 BIDDING DOCUMENTS
NOTE: If bidder is a corporation, the legal name of the 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. If
signature is 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 as irregular and unauthorized.
Business Address: ______________ Zip Code: ---------------------
Mailing Address:
City: State: ------------------------------------------Zip:
Phone No.: ( __ ) Fax No.: ---------------( __ )
February 2015 County of Fresno Page P-IS
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Quotation No. 812-5334 BIDDING DOCUMENTS
PROJECT: Job Order Contract
SOLICITATION NO.: 912-5334
Purchasing Department, County of Fresno:
NONCOLLUSION AFFIDAVIT
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)
m--------------------------~~~~~~--------------------------(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,
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 7106; Stats.1988, c. 1548, Section 1.)
*NOTE: 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.
February 2015 County of Fresno Page P-IS
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11uotation No. 812-5334 BIDDING DOCUMENTS
PROJECT: Job Order Contract
SOLICITATION NO.: 912-5334
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING
OF REQUIRED REPORTS.
The or proposed subcontractor,
------~---------------------hereby certifies that he/she has/has not participated in a previous contract or subcontract
subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or
11246, and that he <has or has not> 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.
(Company)
By:
(Title)
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 in 41 CFR 60-1.5. (Generally only contracts or subcontracts of
$10,000 or under are exempt.)
Currently, Standard Form 100 (EE0-1) 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.
February 2015 County of Fresno Page P-17
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Quotation No. 812-5334 BlOOlNG DOCUMENTS
PROJECT: Job Order Contract
SOLICITATION NO.: 912-5334
NOTE: The bidder shall check Box A or Box B. If the bidder does not check a box it 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. In addition, I will take such affirmative action on any future
subcontracting for the life of this contract.
The above certification is required by Executive Order 11625.
(Bidder)
By:
Date: -----------------------------------------------
(Title)
February 2015 County of Fresno Page P-18
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lluotation No. 812-5334 BIDDING DOCUMENTS
PROJECT: Job Order Contract
SOLICITATION NO.: 912-5334
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 2015 County of Fresno Page P-IS
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Quotation No. 912-5334
PROJECT: Job Order Contract
SOLICITATION NO.: 912-5334
(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 at the time of submitting
his bid.)
GUARANTY
To the Owner: County of Fresno
The undersigned guarantees the construction and installation of the following work included in
this project:
ALLWORK
Should any of the materials or equipment prove defective or should the work as a 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, 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 as originally contemplated.
The Owner shall have the unqualified option to make any needed replacement or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the Owner
elects to 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. If the undersigned shall fail or
refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs
and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or
refusal.
Date: Contractor
February 2015 County of Fresno Page P-20
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COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 912-5334
JOB ORDER CONTRACT
VOLUME TWO (2)
February 27, 2015
ORG/Requisition: 8935/1321501094 PURCHASING USE G:\PUBLICIRFQIFY 2014-151912-5334 JOB ORDER CONTRACTI912-
ss 5334 JOB ORDER CONTRACT-VOL. 02.DOC
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 27, 2015
QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS
2:00P.M.
All quotation information will be available for review after contract award.
Clarifications of specifications are to be directed to: Louann M. Jones, e-mailljones@co.fresno.ca.us, phone
(559) 600-7118.
DO NOT RETURN THIS VOLUME
WITH VOLUME ONE (1)
11uotation No. 912-5334 INSTRUCTIONS TO BIDDERS
NOTICE TO CONTRACTORS
Sealed bids will be received at the Fresno County Purchasing Division. 4525 East Hamilton. Second Floor. Purchasing Lobby. Fresno. CA. 93702 until
2:00 P.M .. (1400 hours and DO seconds)
March 27. 2015
Promptly fallowing the closing of the bidding all timely submitted bids will be publicly opened and read at the Department in said building. far
construction in accordance with the specifications therefore. to which special reference is made as fallows:
DESCRIPTION OF WORK: This Notice Inviting Bids is far a Jab 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 CatalagiiD (CTC) that was developed far the County of Fresno. and are far the direct cast of construction. The CTC is based an
current prices in Fresno far experienced prevailing wage Iabar. high quality materials and equipment. The CTC pricing also incorporates local activity.
climate and geographic factors. All work under this Contract will be performed far 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 ather public works. Under this Contract. the Contractor furnishes all management. documentation and incidental drawings (as required).
Iabar. materials and equipment needed to perform the work.
The County intends to award one contract to the Lowest Responsible Bidder far each contract listed. A separate bid package is required by each
contractor wishing to bid each contract. If the lowest bidder far one package submits a bid package far another contract. that package will be opened.
but considered nat eligible unless remaining bid packages are deemed nan-responsive. and all remaining bid packages will be opened. The Lowest
Responsible Bidder will be awarded the next contract.
PROCEDURE FOR ORDERING WORK: If awarded. each Jab 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
$2.000.000 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 far specific work arises. the County will issue the Contractor a Jab Order specific Request far Proposal.
The Contractor shall then submit a Jab Order Proposal far a Detailed Scope of Work to the County. Upon receipt of the Contractor's Jab Order
Proposal. the County will evaluate the Jab Order Proposal against the Contract and the County's estimate of casts far the Detailed Scope of Work. If
the Contractor's Jab Order Proposal is deemed acceptable. the Project Manager may issue a Jab Order at the agreed upon Jab Order Price. The Jab
Order Price is calculated by selecting applicable pre-priced construction tasks from the CTC Construction Task CatalagiiD and multiplying the Unit
Prices far 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 far the Jab Order. The Jab Order Contract also includes a provision far work tasks nat included in the Construction Task Catalog liD at the
time of the Contract award. These tasks are referred to as "Non-Prepriced Tasks". Non-Prepriced (NPP) Tasks may require the establishment of
specifications and drawings and may subsequently be incorporated into the Construction Task CatalagOO.
The County selected The Gordian Group's (Gordian) Jab Order Contracting (JDC) Solution (Gordian JDC Solution™) far their JDC program. The Gordian
JDC Solution includes Gordian's proprietary eGordianlil JOC Applications and Construction Task Catalaglil. which shall be used by the Contractor to
prepare and submit Job Order Proposals. subcontractor lists. and other requirements specified by the Owner. The Contractor shall be required to
execute Gordian's JOC 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 Louann Jones. Purchasing Division. (559) S00-7118. Oral explanations or interpretations of Bid
Documents are nat 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.
February 2015 County of Fresno Page 0-0
Quotation No. 812-5334 INSTRUCTIONS TO BIDDERS
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 two (2)
lowest responsive. responsible bidders.
PRE-BID CONFERENCE: Prospective bidders must attend the mandatory pre-bid conference. Due to the relative complexity of this type of
procurement, a detailed orientation on the Job Order Contracting System will be provided as well as a discussion on JOC from the
Contractor's viewpoint at the pre-bid conference. The pre-bid conference will be held at March II, 2015 at ID:OO am. 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 at the Pre-Bid Conference. There is no charge for the Documents. The Bid Documents
will consist of two written volumes and a compact disk. The first volume contains the actual bid forms that must be completed and returned. Volume
Two will consist of the Notice Inviting Bid. Instructions to Bidders. General Conditions. Supplemental General Conditions. Hostage Policy and a sample
agreement. The compact disk contains the Construction Task Catalog liD 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. cashier's 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 Law.
California Business and Professions Code. Division 5. Chapter S. as amended. or whose bid is not on the Bid Form included in the solicitation. A valid
Califomia Contractor's License, Class uB", is required for this project.
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: '1he 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 on the grounds of race. color. religious creed. sex. or national origin in consideration lor 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 (CDBG) 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 lor 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 (DB E): 14.9 percent. This goal applies to only Federally Funded projects.
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 wage determinations are on 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.
February 2015 County of Fresno Page 0-1
Uuotation No. 812-5334 INSTRUCTIONS TU BIDDERS
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 SUBMITIAL: Each bidder must submit four price Adjustment Factors. which shall apply to all the work tasks listed in the CTC. 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 Dtherthan 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 Other than Normal Working
Hours for federally funded projects. The Adjustment Factors must be specified to the fourth decimal place and shall be "net". (e.g .. 1.0000) or an
adjustment "decrease from" (e.g ... 9500) or "increase to" (e.g .. l.2000) the Unit Prices listed in the CTC. Bidders who submit separate Adjustment
Factors for separate Unit Prices will be considered non-responsive and their bid will be rejected.
The bids will be evaluated by adding S5% of the first Adjustment Factor to 20% of the second Adjustment Factor added to ID% of the third
Adjustment Factor added to 5% of the fourth Adjustment Factor. The amount of work to be done in 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 SO 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 IDO percent of the Maximum Contract Value and a payment bond in the
amount of IDO 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 2015 County of Fresno Page 0-2
lluotation No. 812-5334 INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
SECTION PAGE
1.01 EXPLANATION TO BIDDERS .......................................................................................................................................................................................... I-1
1.02 EXAMINATION OF BID DOCUMENTS. SPECIAL PROVISIONS AND SITE OF WORK .............................................................................................. i-1
1.03 BID GUARANTEE ............................................................................................................................................................................................................. 1-1
1.04 PREPARATION OF BIDS ................................................................................................................................................................................................ 1-l
1.05 SUBCONTRACTORS ....................................................................................................................................................................................................... I-1
I.OS SUBMISSION OF BID ...................................................................................................................................................................................................... I-1
1.07 IRREGULAR BIDS .......................................................................................................................................................................................................... l-2
1.08 DISQUALIFICATION OF BIDDERS ................................................................................................................................................................................. I-2
1.09 WITHDRAWAL OR REVISION OF BIDS ....................................................................................................................................................................... ..I-2
1.10 PUBLIC OPENING OF BIDS .......................................................................................................................................................................................... l-2
I .II RELIEF OF BIDDER ........................................................................................................................................................................................................ .I-2
1.12 AWARD OF CONTRACT ................................................................................................................................................................................................ .l-2
1.13 CANCELLATION OF AWARD ........................................................................................................................................................................................ .1-3
1.14 CONTRACT BONDS ....................................................................................................................................................................................................... l-3
1.15 POST -BID I PRE-AWARD INFORMATION .................................................................................................................................................................. I-3
February 2015 County of Fresno Page 1-i
Uuotation No. 912-5334 INSTRUCTIONS TO BIOOERS
INSTRUCTIONS TO BIOOERS
1.01 EXPLANATION TO BIDDERS
An explanation desired by bidders regarding the meaning or interpretation of the Bid Documents must be requested in writing and within 10 days prior
to bid opening 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 Bid
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 on the Bid form.
1.02 EXAMINATION OF BIO 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.
1.04 PREPARATION OF BIOS
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 in ink. 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 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.lf 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. 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 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 et. 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.
1.06 SUBMISSION OF BID
Each bid shall be submitted in a sealed envelope labeled to clearly indicate the project and contents.
FBbruary 2015 County of FrBsno PagB 1-1
Uuotation No. 912-5334 INSTRUCTIONS TO BIDDERS
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.
1.07 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.
1.08 DISQUALIFICATION 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.
b.
c.
d.
e.
f.
g.
h.
1.09
More than one bid for the same work from an individual. partnership or corporation.
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.
lack of competency and adequate machinery. plant or other equipment. as may be revealed by Pre-Award Survey.
For unsatisfactory performance record as shown by past work for the Owner. judged from the standpoint of workmanship and
progress.
Prior commitments or obligations which in the judgment of the Owner might hinder or prevent the prompt completion of the work.
Failure to pay. or satisfactorily settle. all bills due for labor or materials on former contracts in force at the time of letting the bid.
Failure to comply with any qualification regulation of the Owner.
Omission of bid guaranty.
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.
1.10 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.
1.11 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.
1.12 AWARD OF CONTRACT(S)
The County intends to award one contract to the lowest Responsible Bidder for each contract listed. A separate bid package is required by each
contractor wishing to bid each contract. If the lowest bidder submits a bid package for another contract. that package will be opened. but considered
not eligible unless remaining bid packages are deemed non-responsive. and all remaining bid packages will be opened. The lowest Responsible Bidder
will be awarded the next contract.
February 2015 County of Fresno Page l-2
lluotation No. 912-5334 INSTRUCTIONS TO BIDDERS
If the Owner finds that it will be unable to award the contract(s) within 60 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 60 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.
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 Owner will be promoted thereby.
1.13 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 Owner.
1.14 CONTRACT BONDS
The bidder to whom award is made shall enter into an agreement based on their proposal submitted in response to this RFP. 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 RFU.
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.
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.
1.15 POST -BID I PRE-AWARD INFORMATION
The apparent low bids will be determined on the basis of the weighted average of the total number of Adjustment Factors submitted. 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.
February 2015 County of Fresno Page 1-3
Quotation No. 912-5334 INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
SECTION PAGE
2.01 IDENTIFICATION OF CONTRACT ................................................................................................................................................................................ 2-I
2.02 CORRELATION OF CONTRACT DOCUMENTS ........................................................................................................................................................... 2-1
2.03 OEFINITIONS ................................................................................................................................................................................................................. 2-I
2.04 CONTRACT DOCUMENTS. SPECIFICATIONS AND DRAWINGS ............................................................................................................................ .2-3
2.05 CONTRACTOR RESPONSIBILITIES ........................................................................................................................................................................... 2-3
2.06 SUB-CONTRACTORS ................................................................................................................................................................................................. 2-4
2.07 PREROGATIVE OF OWNER ....................................................................................................................................................................................... .2-5
2.08 CONTROL OF THE WORK ........................................................................................................................................................................................... 2-5
2.09 INSPECTION ................................................................................................................................................................................................................ 2-5
2.10 TAXES. PERMITS. FEES. AND INDEMNIFICATION FOR PATENT INFRINGEMENT CLAIM ................................................................................. 2-6
2.11 PAYMENT ....................................................................................................................................................................................................... : ............. 2-6
2.12 CHANGES TO THE JOB ORDER ............................................................................................................................................................................... 2-7
2.13 ASSIGNMENT OF MONEYS ........................................................................................................................................................................................ 2-8
2.14 GUARANTEE OF WORK ............................................................................................................................................................................................. 2-8
2.15 RESPONSIBILITY FOR DAMAGE ............................................................................................................................................................................. .2-8
2.16 RESOLUTION OF CONTRACT CLAIMS ..................................................................................................................................................................... 2-S
2.17 INSURANCE ............................................................................................................................................................................................................... 2-ll
2.18 BONDS ........................................................................................................................................................................................................................... 2.12
February 2015 County of Fresno Page 2-i
11uotation No. 812-5334 INSTRUCTIONS TO BIDDERS
2.01 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.
2.02 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 dearly within
the scope of the Contract.
2.03 DEFINITIONS
The following words. or variations thereof. as used in these documents have meanings as defined:
a. 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 2.03(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.
e. 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
CatalogiiD.
g. Bid Documents-Notice Inviting Bids: the Instructions to Bidders: General Conditions. Supplemental General Conditions. the
Construction Task CatalogiiD. the Technical Specifications (CTC and Technical Specifications on compact disk): any specifications
incorporated by reference; and any Addenda issued by the County.
h. Construction Task Catalog liD (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 on 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.
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.
m. Maximum Contract Value-the maximum potential value of the Contract as defined in the Notice Inviting Bids.
n. Minimum Contract Value-the minimum value of the Contract as defined in the Notice Inviting Bids. The Owner has no obligation to give the
Contractor the opportunity to perform Job Orders beyond the Minimum Contract Value.
February 2015 County of Fresno Page 2-1
lluotation No. 912-5334 INSTRUCTIONS TO BIDDERS
o. Non-Prepriced (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 7:00AM 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 Hours -Work done between the hours of 5:00 PM to 7:00 AM. on 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. Prepriced 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. Job Order Price Proposal - A price proposal prepared by the Contractor that includes the Pre priced Tasks. Nonprepriced Tasks. quantities.
and appropriate Adjustment Factors required to complete the Detailed Scope of Work.
x. Proposal-the Contractor's irrevocable offer to perform Work associated with a Job 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.
a a 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 meptable. 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
Job Order to the contractor for a Job Order Price Proposal that is generated by the County that in the opinion of the Owner. best represents
the Detailed Scope of Work (OS OW) 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
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.
gg. 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.
2.04 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
February 2015 County of Fresno Page 2-2
Quotation No. 812-5334 INSTRUCTIONS TO BIDDERS
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
S Contractor's Bid (Bid Form)
7 Addenda
8 General Conditions
9 Technical Specifications (Divisions 2 through IS)
10 Construction Task CatalogOO
II Reference Specifications
12 Instruction to Bidders
13 Notice Inviting Bids
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 on 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 be 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
e. Trade Names and Alternatives-The intent of the specifications is to specify high-grade standard equipment and it is not the intent of
these 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 dass 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.
2.05 CONTRACTOR RESPONSIBILITIES
a. Supervision Procedures
February 2015
I. The Gontractor 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
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Quotation No. 812-5334 INSTRUCTIONS TO BIDDERS
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 Owner 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
I. 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 must 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.
6. 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.
7. Contractor's Right to Stop Work or Terminate Contract -If through no fault of the Contractor or of anyone employed by him (I) 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.
2.06 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 4100 et 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.
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lluotation No. 912-5334 INSTRUCTIONS TO BIDDERS
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.
e. 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.
g. When an individual Job Order utilized Federal Funds and the County elects to require DBE participation. the Contractor shall follow the
Federal Good Faith Effort requirements for inclusion of OBE 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.
2.07 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.
2.08 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 or Inspectors may be assigned by the Owner and/or Engineer to assist them in the conduct of the work and these
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.
2.09 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
ol time on account of the additional work involved.
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Uuotation No. 912-5334 INSTRUCTIONS TO BIDDERS
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.
2.10 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 Supplemental General Conditions 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.
2.11 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.lf. 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 Y2 %) 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 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.
February 2015
I. 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 Home Administration of the United Stated Department of Agriculture pursuant to the Consolidated Farm and Rural
Development Act (7 U.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 Code 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.
S. The Contractor shall enter into an escrow agreement satisfactory to the Owner. which agreement shall substantially comply with
Public Contract Code Section 22300.
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lluotation No. 912-5334 INSTRUCTIONS TO BIDDERS
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
Oirector 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 (I) 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 (S) that unpaid balances may be insufficient to
complete the work.
h. The Contractor shall pay:
I. 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 SO 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 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.
2.12 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 (i) 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
Job Order. the price for the additional Job Order shall be determined using the Procedure for Ordering Work set forth in 3.04 of the
Supplemental General Conditions. Credits for prepriced and non prepriced Tasks shall be calculated at the pre-set Unit Prices and
multiplied by the appropriate Adjustment Factors. The results is that a credit forT asks that have been deleted from the Oetailed Scope of
Work will be given at 100% 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
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lluotation No. 912-5334 INSTRUCTIONS TO BIDDERS
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 of
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
Supplemental General Conditions.
c. Where the Contractor and the Owner disagree on 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.
2.13 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.
2.14 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 (I) 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.
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.
2.15 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
February 2015 County of Fresno Page 2-8
lluotation No. 812-5334 INSTRUCTIONS TO BIDDERS
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.
2.16 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 20104-20104.6. 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:
February 2015
Article 1.5 Resolutions of Contract Claims
20104. (a)(l) 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)(l) "Public work" has the same meaning as in Sections 3100 and 3106 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. (8) payment of money or damages arising from work
done by or on 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 I. 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)(l) For claims of less than fifty thousand dollars ($50.000). the local agency shall respond in writing to any written claim within 45 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 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)(l) 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 SO 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
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lluotation No. 912-5334 INSTRUCTIONS TO BIDDERS
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 SOD) and Chapter 2 (commencing with Section SID) 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 SO 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)(l} 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
ISBS (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
receiving an arbitration award requests a trial de novo 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 novo.
(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.
20104.6 (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 on any arbitration award or judgment. The
interest shall begin to accrue on the date the suit is filed in a court of law.
2.17 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:
February 2015
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 ofT wo Million Dollars ($2.000.000). This policy shall be issued on a per occurrence basis. COUNTY may require specific
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coverages including completed operations. products liability. 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. Professionalliability
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 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.
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 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 Road. Fresno. CA
93702 Attn: Fenix Batista 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 VII or better.
February 2015 County of Fresno Page 2-11
Uuotation No. 812-5334 INSTRUCTIONS TO BIDDERS
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 ($25.000).
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
be returned only upon written request from the bidder.
Payment and Performance Bonds will be in place for all Task Job Orders in an amount equal to the sum of any outstanding Task Job Orders.
Bonding Company Requirements: Each bond specified in this RFU (bid bond. faithful performance bond and payment bond) shall meet the requirements
of all applicable statutes. including but not limited to those specified in Public Contract Code section 20129 and Civil Code section 3248. Each bond
specified in this RFQ 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 Best's Key
Rating Guide of less than B+ or 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.
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 contract price.
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++ VIII or better.
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.
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 2015 County of Fresno Page 2-12
lluotation No. 812-5334 INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
SECTION PAilE PAilE
3.01 llENERAl CONDITIONS .......................................................................................................................................................................................................... 3-I
3.02 PRE-BID CONFERENCE ........................................................................................................................................................................................................ 3-l
3.03 CONFIDENTIALITY OF INMATES/WARDS/PATIENTS/CliENTS IDENTITY ................................................................................................................... 3-I
3.04 SCOPE OF WORK AND PROCEDURE FOR ORDERINil WORK ......................................................................................................................................... 3-1
3.05 INTENT OF CONTRACT DOCUMENTS ................................................................................................................................................................................. 3-6
3.06 BUilOINil PERMIT ................................................................................................................................................................................................................. 3-6
3.07 CODES AND REilUlATIONS ................................................................................................................................................................................................ 3-6
3.08 COORDINATION OF WORK .................................................................................................................................................................................................. 3-7
3.09 WORK DAY ............................................................................................................................................................................................................................ 3-7
3.10 SCHEDULE OF OPERATION .................................................................................................................................................................................................. 3-7
3.11 COOPERATION BETWEEN CONTRACTORS ........................................................................................................................................................................ 3-7
3.12 TEMPORARY FACILITIES ..................................................................................................................................................................................................... 3-7
3.13 FIRE PROTECTION AND FIRE INSURANCE ......................................................................................................................................................................... 3-7
3.14 DUST SEPARATION AND PROTECTIVE BARRICADES ..................................................................................................................................................... 3-7
3.15 DAMAilE TO EXISTINil WORK ............................................................................................................................................................................................. 3-8
3.16 PROTECTION OF AlARM. SECURITY. COMMUNICATIONS. AND COMPUTER SYSTEMS ............................................................................................. 3-8
3.17 SECURITY ............................................................................................................................................................................................................................... 3-8
3.18 PARKINil ................................................................................................................................................................................................................................. 3-8
3.19 RECORD DRAWINilS ............................................................................................................................................................................................................. 3-8
3.20 llUARANTEE I WARRANTY RESPONSE ............................................................................................................................................................................. 3-8
3.21 TRENCHINil AND EXCAVATION .......................................................................................................................................................................................... 3-8
3.22 ASBESTOS CONTAININil MATERIAl (ACM) ...................................................................................................................................................................... 3-9
3.23 RlllHT TO AUDIT ................................................................................................................................................................................................................... 3-IO
February 2015 County of Fresno Page 3-i
lluotation No. 812-5334 INSTRUCTIONS TO BIDDERS
SUPPlEMENTAl GENERAl CONDITIONS
3.01 GENERAl CONDITIONS
The foregoing General Conditions shall form a part of this section with the same force and effect as though repeated herein.
The Contractor will be provided. at Owner expense. with one (I) set of Contract Documents. Additional Contract Documents may be obtained at the
Contractor's expense. and upon 48 hour notice to the Owner. by placing an order through a reproduction company bonded to transport. print and
return Owner documents.
3.02 PRE-BID CONFERENCE
PRE-BID CONFERENCE: Prospective bidders must attend the Mandatory pre-bid conference. Due to the relative complexity of this type of procurement.
a detailed orientation on the Job Order Contracting System will be provided as well as a discussion on Job Order Contracting from the Contractor's
viewpoint at the pre-bid conference. The pre-bid conference will be held at March II. 2015 at 10:00 a.m. The conferences will be held in the Elections
Training Room at 4525 E. Hamilton Avenue. Fresno. Ca. 93702.
3.03 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/wards/patients/clients be kept confidential.
Revealing the identities of inmates/wards/patients/clients is punishable by law.
3.04 SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK
a. Scope of Work
February 2015
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 for 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 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.
S. 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
County of Fresno Page 3-1
Quotation No. 812-5334 INSTRUCTIONS TU BIDDERS
regulations. codes. applicable laws listed herein. and manufacturers' instructions and recommendations. which are necessary and
related to the Work to be performed.
8. 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.
II. 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 Catalog@ (CTC). Volume 4. the Owner may. from time to time. require Non-Prepriced (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 Job Orders and the Contractor shall accomplish those
requirements with the same diligence as those Work units incorporated in this Contract in the Construction Task Catalog@ and
Technical Specifications.
b. Procedure For Ordering Work
February 2015
I. 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:
(I) 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
(10) Hours of operation
(II) Staging area
(12) liquidated damages
(13) Presence of hazardous materials
(14) Proposal due date
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 be 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.
County of Fresno Page 3-2
February 2015
Uuotation No. 912-5334 INSTRUCTIONS TO BIOOERS
4. The Contractor will prepare the Job Order Price Proposal in accordance with the following:
(a) Prepriced Work requirements. A Prepriced Task is a task described and for which a Unit Price is set forth in the Construction
Task Catalog@. Prepriced 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 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
8= Applicable Adjustment Factor
C= CTC Price per Unit
Cost of CTC Task
Ax8xC
(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 for 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-Prepriced Work Requirements: Non-prepriced Work shall be separately identified and submitted in the Job Order Price
Proposal. Information submitted in support of Non-Prepriced Work shall include. but not be limited to. the following:
(I) 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-prepriced 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-Prepriced 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 prepriced 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 Prepriced (NPP) Tasks shall be according to the following formula:
Contractor Performed Duties
A= The number of hours for each labor classification and hourly rates
8= Equipment costs (other than small tools)
C= Three independent quotes for all materials
Total Cost for self-performed work = (A+B+C} x Normal Hours Adjustment Factor (Only if A & B cannot be 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
County of Fresno Page 3-3
February 2015
Quotation No. 812-5334 INSTRUCTIONS TO BIDDERS
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.
D = Subcontractor Costs (supported by three quotes)
Total Costs of Non-Pre-Priced Task = D x Normal Hours Adjustment Factor(S) 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-prepriced item on 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 Prepriced Task or a Non-Prepriced 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-prepriced Task. or use Prepriced labor tasks and material component pricing to cover the
actual costs incurred. Provided. however. that there is no other work for that trade on 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
(I) 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 (RFI'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. Contractor's Project Manager or agent shall be available for Job Order Price Proposal
review meetings within 24 hours of being notified by the Owner (via fax. 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 on 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 P:roposal 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 Job 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 on a final Job Order Price. and
that the Contractor will be paid by multiplying the actual quantities used by the appropriate Construction Task Catalogl!l
Unit Price and the applicable Adjustment Factors. Non-Pre-Priced (NPP) Tasks will be priced according to the Total Cost
formula set forth in Section 3.04 c 2 (c) (4) 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 ..
6 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).
County of Fresno Page 3-4
Uuotation No. 912-5334 INSTRUCTIONS TO BIDDERS
(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 prepriced Task (Unit Price x quantity x Adjustment Factor) plus the value of all Non
prepriced Tasks. The Job Order Price shall be the value of the approved Job Order 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:
(I) 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 on an appropriate form. The Job Order. which must be signed by the Owner. constitutes the Owner's
acceptance of the Contractor's Proposal. A signed copy will be provided to the Contractor.
(i) 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.
OJ 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 on 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.
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 on 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.
February 2015 County of Fresno Page 3-5
Quotation No. 912-5334 INSTRUCTIONS TU BIDDERS
f. 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 project managers.
g. Contractor Software License and License Fee
JOC Software
The County of Fresno selected The Gordian Group's Job Order Contracting ("JOC") Solution (Gordian JOC Solution™) for their JOC program. The
Gordian JOC Solution includes Gordian's proprietary eGordian JOC applications (JOC applications) and construction cost data (Construction Task
Catalog@). which shall be used by the Contractor to prepare and submit Job Order Price Proposals. subcontractor lists. and other requirements
specified by the County of Fresno. The Contractor shall be required to execute Consultant's JOC System License and Fee Agreement. and pay a JOC
System license fee to obtain access to Gordian's JOC Solution The Contractor's use. in whole or part. of Gordian's JOC Applications. Construction Task
Catalog@ and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for the County of Fresno
is strictly prohibited unless otherwise approved in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following JOC System
license:
JOC System license
Gordian hereby grants to the Contractor. and the Contractor hereby accepts from Gordian for the term of this Contract or Gordian's Contract with the
County of Fresno. whichever is shorter. a non-exclusive right. privilege. and license to Gordian's proprietary JOC System and related proprietary
materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to the
County of Fresno under this Contract. The Contractor hereby agrees that Proprietary Information shall include. but is not limited to. Gordian's JOC
Applications and support documentation. Construction Task Catalog 00• training materials and other Gordian provided proprietary materials. In the event
this Contract expires or terminates as provided herein. or Gordian's Contract with the County of Fresno expires or terminates. or the Contractor fails
to pay the JOC System License Fee specified in this Contract this JOC System license shall terminate and the Contractor shall return all Proprietary
Information in its possession to Gordian.
The Contractor acknowledges that disclosure of Proprietary Information will result in irreparable harm to Gordian for which monetary damages would
be an inadequate remedy and agrees that no such disclosure shall be made to anyone without first receiving the written consent of Gordian. The
Contractor further acknowledges and agrees to respect the copyrights. registrations. trade secrets. and other proprietary rights of Gordian in the
Proprietary Information during and after the term of this Contract and shall at all times maintain complete confidentiality with regard to the
Proprietary Information provided to the Contractor.
In the event of a conflict in terms and conditions between this JOC System License and any other terms and conditions of this Contract or any Job
Order. Purchase Order or similar purchasing document issued to the Contractor by the County of Fresno. this JOC System License shall take
precedence.
Contractor License Fee
In consideration for a non-exclusive. non-transferable. license to the Gordian JOC Solution. the Contractor shall pay Gordian a license fee ("Contractor
license Fee") equal to one percent (1%) of the value of each Job Order. Purchase Order or other similar purchasing document ("Purchase Order")
issued to the Contractor by the County of Fresno. The Contractor license Fee shall be included in the Contractor's overhead costs. shall not be included
as an additional line item cost in Job Order Price Proposals. and shall be payable to Gordian within ten (10} days of Contractor's receipt of each
Purchase Order issued to the Contractor by the County of Fresno. Gordian is hereby declared to be an intended third-party beneficiary of this
Agreement. In the event any court action is brought to enforce payment of the Contractor License Fee by any party or third-party beneficiary of this
Agreement. the prevailing party shall be entitled to an award of reasonable attorneys' fees and collection costs. The Contractor shall remit the
Contractor license Fee as follows:
Make Checks Payable to:
Mail Checks to:
February 2015
The Gordian Group. Inc.
P.O. Box 751858
County of Fresno Page 3-8
Quotation No. 812-5334 INSTRUCTIONS TO BIDDERS
Charlotte. NC 28275-1959
Gordian may terminate this license Agreement in the event of: (I) any breach of a material term of this Agreement by the Contractor which is not
remedied with in ten (10) days after written notice to the breaching party; or (2) the other party's making an assignment for the benefit of its creditors.
or the filing by or against such party of a petition under any bankruptcy or insolvency law. which is not discharged within thirty (30) days of such filing.
3.05 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 DSHPD for approval prior to proceeding with the work.
3.06 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.
3.07 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: Cai/DSHA Safety Regulations; and all Federal. State and Local laws. ordinances. regulations. and Fresno County Charter Provisions
applicable in the performance of the work.
3.08 COORDINATION 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.
3.09 WORK DAY
All work shall be set forth as part of the Job Order.
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.
3.10 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.
3.11 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.
February 2015 County of Fresno Page 3-7
Quotation No. 912-5334 INSTRUCTIONS TO BIDDERS
3.12 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.
3.13 FIRE PROTECTION ANO 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 I NFPA Class 10-ABC fire extinguisher for each 9.000 square feet of project area or fraction thereof.
3.14 OUST 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.
3.15 OAMAGE 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.
3.1S PROTECTION OF ALARM. SECURITY. COMMUNICATIONS. AND COMPUTER SYSTEMS
The Contractor shall be responsible for all costs incurred by the Owner on 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.
3.17 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 Vendors. shall obtain security clearances for 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.
February 2015 County of Fresno Page 3-8
lluotation No. 812-5334 INSTRUCTIONS TO BIDDERS
3.18 PARKING
The Owner will provide parking spaces at the project site when parking is available. Contractor shall not rely on Owner to provide parking.
3.19 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 on the plans. As a condition for considering the project complete. the record drawings must be delivered to the Resident Engineer.
and deemed acceptable.
3.20 GUARANTEE I WARRANTY RESPONSE
Attention is directed to General Conditions Section 2.14 "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.
3.21 TRENCHING ANO 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:
a. The contractor shall promptly. and before the following conditions are disturbed. notify the Owner. in writing. of any:
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 I. Class II. or Class Ill 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 paM of the work. shall issue an
additional Job Order in accordance with the provisions of Section 2.12 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
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.
3.22 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 ACM 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 feat nf friable A.CM in accnrdance with Federal. State and local statutes and regulations.
The Contractor shall furnish 9roject notification documents. employee information. equipment certifications. material specifications and samples.
February 2015 County of Fresno Page 3-9
lluotation No. 912-5334 INSTRUCTIONS TO BIDDERS
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 be 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 for 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.
3.23 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 for 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 2015 County of Fresno Page 3-10
EFFECTIVE DATE: 12-18-89
APPROVED BY: Sheriff M. Mims
REVISED: 08-06-90, 12-25-94, 05-06-96, 09-
01-99, 12-01-10
BY: Assistant Sheriff T. Gattie
AUTHORITY: California Code of Regulations, Title 15, Section 1 029(a)(7)(B) and
Penal Code Section 236.
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 Sheriff's Office Jail Division maintains a NO HOSTAGE FACILITY and will not
consider bargaining with hostage takers for ANY reason.
It is the policy of the Fresno County Sheriff's Office Jail Division that once any staff member is
taken hostage, they immediately lose their authority and any orders issued by that person will not
be followed regardless of their rank or status.
It is the policy of the Fresno County Sheriff's Office Jail Division that the primary responsibility of
all staff members in a hostage situation is to protect every person involved, if possible, from
serious injury or death.
PROCEDURES:
I. DEFINITION
Hostage Situation: any staff member, citizen or inmate held against their will by another
person for the purpose of escape, monetary gain or any reason which may place an
individual in danger of losing life or suffering serious injury.
II. NOTIFICATIONS. CONTAINMENT AND CONTROL OF THE SITUATION
A. Emergency procedures and notifications shall be implemented as per Emergency
Planning procedures (B-101/FILE: EMERGENCY).
B. The Watch Commander will notify the Patrol Watch Commander and apprise them of
the incident. The Patrol Watch Commander may be requested to activate the Crisis
Negotiations Team (CNT), outside support agencies, equipment, personnel, and
dispatch a detective to the scene for the crime report.
Ill. DURING NEGOTIATIONS
A. While at the scene, the CNT members will conduct all verbal or written communications
between the hostage taker(s) and the Incident Commander. CNT will immediately
notify the Incident Commander of any 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 taker(s) or hostages.
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 be of paramount concern.
IV. HOSTAGE SURVIVAL STRATEGIES [SRC11
A. If taken hostage, it is important to make the transition from being a victim to being a
survivor. The following are not strict rules that must be rigidly followed, but rather
general guidelines. There will always be exceptions.
1. Regain/maintain composure. Try to be calm, focused and clear-headed at all
times. Do not stand out from other hostages. Drawing unnecessary attention
increases the chance of being singled out and victimized.
2. Maintain a low-key, unprovocative posture. Overt resistance is usually
counterproductive in a hostage situation.
a. Remain calm 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
feebleness as weakness, which may lead to victimization.
c. Do not antagonize, threaten or aggravate the hostage takers. Avoid saying
"no", or arguing with the hostage takers. Do not act authoritative. The hostage
takers must make it known that they are in charge.
d. Eye contact may be regarded as a challenge; make eye contact with the
hostage takers sparingly.
e. Fight off basic instincts, 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 to get the captors to recognize them as human beings.
a. Find a mutual ground, an association with the hostage takers. Foster
communication on non-threatening topics (e.g., family, hobbies, sports,
interests).
b. Use the captors' first names, if known. However, if hostage takers are
attempting to conceal their identity, do not give any indication that they are
recognized.
c. Listen actively to the captors' feelings and concerns, but never praise,
participate in, or debate their "cause". If they want to 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 a
reasonable, low-key manner.
4. Be prepared to be isolated and disoriented.
a. Do not talk to other hostages. The hostage takers may think a plot is being
formed.
b. Develop mind games to stimulate thinking and maintain mental alertness.
5. Be tolerant of fellow hostages. Just as 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 group, or be annoying to other
hostages (e.g., constant talking). Try to help these people cope in other ways.
6. Gather intelligence. Hostages should take in and store as much detail, about their
captors as 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 of weapons they are using, their tactics,
location within the area, etc.
7. Maintain hope. Depending on the circumstances, resolution of hostage situations
can be a lengthy process.
B. Stay away from doors and windows through which rescue teams may enter or shoot. If
a rescue is attempted, drop to the floor and keep hands in view.
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 a lesson.
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 as giving life 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. [SRC21
[SRC11 Various sources, but the best was "Survival Tips if You Are Taken Hostage" by Tracy E. Barnhart,
published 07-27-09 (www.corrections.com)
[SRC2]"Understanding 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.
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Request for Quotation No. 910-5249
AGREEMENT
SAMPLE A G R E E M E N T
This AGREEMENT ("Agreement) is made and entered into this 13th day of March, 2012, by and
between the COUNTY OF FRESNO, a political subdivision ofthe State of California, hereinafter
"COUNTY", and Durham Construction Company, Inc., hereinafter "CONTRACTOR".
and
WHEREAS, the COUNTY has a need for the Job Order Contracting services;
WHEREAS, the CONTRACTOR is qualified and willing to perform said services.
NOW, THEREFORE, the parties agree as follows:
W IT N E S S E T H:
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. ____ ,COUNTY'S Addendum No. __ _
Request for Quotation No. 910-5249
1 thereto and CONTRACTOR's Response to Request for Quotation No. ., all of which are -----·
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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. ___ _
I. 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
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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
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Request for Quotation No. 910-5249
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
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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 (1 112) 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
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Request for Quotation No. 910-5249
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.
Request for Quotation No. 910-5249
The COUNTY reserves the right to reject any proposed Sub-Contractor, installer, or supplier
2 who cannot show satisfactory evidence of meeting the qualifications required by the Contract
3 Documents. In the event of such rejection, the CONTRACTOR shall, within the time frame listed for
4 submittal of revised Proposals, submit the name and qualifications of a replacement Sub-Contractor,
5 installer or supplier satisfactory to the COUNTY. Such replacement submittal shall be in accordance
6 with all Contract Documents. No adjustment of Job Order Price Proposal shall be made in the event of
7 such replacement.
8 When an individual Job Order utilizes Federal Funds and the County elects to require
9 Disadvantaged Business Enterprise (DBE) participation, the CONTRACTOR shall follow the Federal
10 Good Faith Effort requirements for inclusion of DBE Sub-Contractors and suppliers.
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II. 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
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c. The COUNTY will provide inspection and acceptance of the work.
Ill. 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.
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Request for Quotation No. 910-5249
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 funds 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.
Request for Quotation No. 910-5249
1 C. Without Cause-Under circumstances other than those set forth above, this
2 Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written
3 notice of an intention to terminate to CONTRACTOR.
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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 ofthe Payment Bond and
Performance Bond. A Job Order is outstanding until the COUNTY has accepted the work described in the
Request for Quotation No. 910-5249
1 Job Order by execution of a Notice of Completion. CONTRACTOR will not be issued Job Orders which
2 in total exceed the Maximum Contract Value. The COUNTY does not guarantee the CONTRACTOR will
3 receive Job Orders totaling the Maximum Contract Value.
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5 CONTRACTOR shall submit monthly invoices per Job Order in triplicate to the County of Fresno,
6 Facility Services.
7 In no event shall services performed under this Agreement be in excess of the Maximum
8 Contract Value during the term of this Agreement. It is understood that all expenses incidental to
9 CONTRACTOR'S performance of services under this Agreement shall be borne by
10 CONTRACTOR.
11 VI. LIQUID A TED DAMAGES:
12 It is understood and agreed by both parties to the Contract that in case all the Work specified or
13 indicated in the Contract Documents is not completed within the specified time frames set forth in the Job
14 Order, or within such time limits as extended, damages will be sustained by the COUNTY in the event of
15 and by reason of such delay. It is, and will be, impractical and extremely difficult to determine the actual
16 damage which the COUNTY will sustain by reason of the delay. It is therefore agreed that the
17 CONTRACTOR will pay, at a minimum, to the COUNTY the sum of money stipulated per day in the Job
18 Order for each day's delay in completing the work beyond the time prescribed.
19 Application of Liquidated Damages and the value of liquidated damages will be
20 determined by the County on a Job Order by Job Order basis. Each Job Order will state whether
21 Liquidated Damages will be applied.
22 COUNTY may withhold Liquidated Damages from payments to the CONTRACTOR as
23 such damages accrue, or, at COUNTY's discretion, withhold Liquidated Damages from any
24 payments due or that become due pursuant to the Contract, including Retention and final
Request for Quotation No. 910-5249
1 payment (pursuant to California Government Code §53069.85). A credit Job Order shall be
2 executed to assess liquidated damages.
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VII. 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.
Request for Quotation No. 910-5249
VIII. MODIFICATION:
2 Any matters of this Agreement may be modified from time to time by the written consent of all the
3 parties without, in any way, affecting the remainder.
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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.
9 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents,
I 0 the order of precedence shall be as follows:
II
I) Permits from other agencies as may be required by law.
I2
2) Permits issued by the COUNTY.
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3) Changes to Job Orders
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4) Job Orders
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5) Agreement
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6) CONTRACTOR's Bid
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7) Addenda
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8) General Conditions
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9) Technical Specifications
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I 0) Construction Task Catalog®
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II) Reference Specifications
12) Instruction to Bidders
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13) Notice Inviting Bids
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Request for Quotation No. 910-5249
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.
XI. 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 under this Agreement, and
from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any
person, firm, or corporation who may be injured or damaged by the 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.
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Request for Quotation No. 910-5249
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.
o. 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
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Request for Quotation No. 910-5249
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.
Request for Quotation No. 910-5249
1 F. Bonds
2 Payment Bond and Performance Bonds will be in place for all Job Orders in an amount
3 equal to the sum of any outstanding Job Orders.
4 CONTRACTOR shall ensure that any subcontractors or other agents used in fulfilling the
5 terms and obligations of this Agreement shall have the same level of insurance and
6 indemnification required of CONTRACTOR.
7 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance
8 naming the County of Fresno, its officers, agents, and employees, individually and collectively,
9 as additional insured, but only insofar as the operations under this Agreement are concerned.
10 Such coverage for additional insured shall apply as primary insurance and any other insurance,
11 or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess
12 only and not contributing with insurance provided under CONTRACTOR's policies herein. This
13 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
14 written notice given to COUNTY.
15 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
16 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all
17 of the foregoing policies, as required herein, to the County of Fresno, (in compliance with the
18 Notices section below), stating that such insurance coverages have been obtained and are in full
19 force; that the County of Fresno, its officers, agents and employees will not be responsible for
20 any premiums on the policies; that such Commercial General Liability insurance names the
21 County of Fresno, its officers, agents and employees, individually and collectively, as additional
22 insured, but only insofar as the operations under this Agreement are concerned; that such
23 coverage for additional insured shall apply as primary insurance and any other insurance, or
24 self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only
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Request for Quotation No. 910-5249
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 VII or better.
XIII. 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, permit
the COUNTY to audit and inspect all of such records and data necessary to ensure CONTRACTOR'S
compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($1 0,000.00), 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
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COUNTY OF FRESNO
Facility Services Manager
4590 E. Kings Canyon
Fresno, CA 93602
Request for Quotation No. 910-5249
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:
12 Venue for any action arising out of or related to, this Agreement shall only be in Fresno County,
13 California.
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The rights and obligations of the parties and all interpretation and performance of this
16
Agreement shall be governed in all respects by the laws of the State of California.
17
XVI. DISCLOSURE OF SELF-DEALING TRANSACTIONS:
18
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit or
19 non-profit corporation) or if during the term of this agreement, the CONTRACTOR changes its status to
operate as a corporation.
20
Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
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transactions that they are a party to while CONTRACTOR is providing goods or performing
22
services under this agreement. A self-dealing transaction shall mean a transaction to which the
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CONTRACTOR is a party and in which one or more of its directors has a material financial
24
Request for Quotation No. 910-5249
1 interest. Members of the Board of Directors shall disclose any self-dealing transactions that they
2 are a party to by completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit D
3 and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
4 immediately thereafter.
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XVII. ENTIRE CONTRACT:
6
7 This Agreement constitutes the entire Contract between the CONTRACTOR and COUNTY with
8 respect to the subject matter hereof and supersedes all previous Contract negotiations, proposals,
9 commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless
10 expressly included in this Agreement.
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Request for Quotation No. 910-5249
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and
year first hereinabove written.
COUNTY:
COUNTY OF FRESNO
By
Deborah A. Poochigian
Chairman, Board of Supervisors
ATTEST: BERNICE E. SEIDEL, CLERK
BOARD OF SUPERVISORS
BY
Deputy
APPROVED AS TO LEGAL FORM:
KEVIN B. BRIGGS, COUNTY COUNSEL
By
Deputy
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A.
AUDITOR-CONTROLLER/TREASURER-
TAX COLLECTOR
By
RECOMMENDED FOR APPROVAL:
By ________________________ _
Robert Bash, Director of Internal
Service/Chief Information Officer
Internal Services Department
By ________________________ _
CONTRACTOR:
By ________________________ _
Print Name:
Title
By ________________________ _
Print Name:
Title:
FOR ACCOUNTING USE ONLY:
lSD-Facility Services
FUND: 1045
SUBCLASS: 10000
ORG No.: 8935
Acct. No.: 7295
COUNTY OF FRESNO
ADDENDUM NUMBER: ONE (1)
RFQ NUMBER: 912-5334
JOB ORDER CONTRACT
March 13, 2015
PURCHASING USE G:IPUBLIC\RFQIFY 2014-151912-5334 JOB
ORDER CONTRACn912-5334 ADD 1. DOC
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 BID WILL BE ON MARCH 27, 2015 AT 2:00 P.M.I
QUOTES WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M.
All quotation information will be available for review after contract award.
Clarification of specifications is to be directed to: Louann M. Jones, phone (559) 600-7118, e-mail
CountyPurchasing@co.fresno.ca.us, fax (559) 600-7126.
NOTE THE FOLLOWING AND ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE
REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER: 912-5334 AND INCLUDE THEM IN YOUR
RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM PAGE WITH YOUR QUOTATION.
} This RFQ will award three contracts for three vendors
} One bid (Volume One) per vendor shall be submitted
} Since July 1, 2014, 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.
} See attached Gordian License & Fee Agreement -Exhibit A
Bidder is required to provide DIR registration # with their bid.
ACKNOWLEDGMENT OF ADDENDUM NUMBERONE (1) TO REQ 912-5334
COMPANY NAME:
(PRINT)
SIGNATURE:
NAME & TITLE:
(PRINT)
G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACT\912-5334 ADD 1.DOC (4/11)
ADDENDUM NO. One (1)
REQUEST FOR QUOTATION NUMBER 912-5334
March 13, 2015
Page2
Q1. There was a public meeting a few months ago regarding an upcoming Job Order
Contract that had more road work involved, is this the same JOC?
A 1. This is the only meeting for this JOG; it is forB license contractors. There potentially will be
some public build work involved with this JOG.
Q2. What is the size of this contract?
A2. The contracts will each be for a minimum of $25, 000.00 and a maximum of $2, 000,000.00.
With the possibility of increasing the maximum if a need is determined by the manager of
Facilities SeNices.
Q3. Will you provide a copy of the sign-in sheet for this pre-bid meeting?
A3. See Exhibit B attached.
Q4. Can you (the contractor} turn down any job when awarded the contract?
A4. There is no right of refusal under this contract.
Q5. Is there a lot of federally funded type of work expected as part of this JOC?
AS. Historically there has not been a lot of federally funded work as part of this JOG, but there is
always that possibility.
Q6. Will there be work needed in secured facilities?
A6. Yes, we have four detention facilities that potentially will need work.
Q7. Will there be work needed in medical facilities?
A 7. Not for actively used facilities, we do maintain buildings, etc. that previously were actively
used as medical facilities.
Q8. How quickly after the low bids are chosen will the actual jobs be released?
AB. Could be released as soon as the contracts are approved by the Fresno County Board of
SupeNisors at their board meeting or any time after.
Q9. When is the CLF (Contractor's Licensing Fee} fee due?
A9. After the notice to proceed on the job order is released and only for projects that go through
completion.
Q10. On a non-prepriced item, if contractor's factor for normal working hours is below 1
(like .97}, will contractor be operating in the red?
A 10. Yes, the non-prepriced items are tied to the contractor's normal working hours factor.
Q11. After the JOC contracts are awarded, will contractors/projects have to wait for July 1st
beginning of the fiscal year funding?
A 11. No, some projects will need new fiscal year funding and some projects will cross fiscal
years.
G:\PUBLIC\RFQ\FY 2014-151912-5334 JOB ORDER CONTRACn912-5334 ADD 1.DOC
ADDENDUM NO. One (1)
REQUEST FOR QUOTATION NUMBER 912-5334
March 13, 2015
Page 3
Q12. Has the County ever used up all the funding within the JOC contract upfront or at the
tail end of the contract timeframe?
A 12. Use of the funding for the JOG has varied with each JOG contract timeframe and contractor
performance. We
Q13.1s there a place to go to find out what the current contract factors are?
A 13. See below. Bidders should consider that the provisions of the previous JOG contract have
changed for this JOG contract and those changes (e.g. nonpre-priced items factor and 1%
fee to Gordian) could have increased cost implications.
1.
2.
3.
4.
A
AdjUIImenl Faclof from
Pfevloul Page
0.7440
Liri1
09000
Une2
0 7200
Llw3
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A
Adjustment Factor from
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1. ~ IS'-+0
Line1
2. 1'5YI
Line 2
3. -l S"\4\
Line 3
4. , IS'-\'
Line 4
X B
Adjuelmenl F~r
Muttipllef for Evaluation
X .SS
X .20
X .10
• .OS
X B
Adjustment Factor
Multiplier for Evaluation
X .65
X .20
X .10
X .05
G:IPUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACn912-5334 ADD 1.DOC
.. c
Ptteent.tge of Adju&l.mlnl F.:klr to
be Ull8d in E\lllulllon
CCIII)' 10 ' decimal plaCet)
= 04J!O
= Q 1800
• 0.0720
.. 0.0«3
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= c
Percentage of Adjustment Factor to
be used in Evaluation
(carry to 4 decimal places)
= .'t1c\
ISO£,
= ~01£:)~ ---
= ~D :>7 ~
Total ·' 7t;40
ADDENDUM NO. One (1)
REQUEST FOR QUOTATION NUMBER 912-5334
March 13, 2015
Page4
Q14. Volume Two of the RFQ says that the pre-bid meeting is mandatory, what will that
mean? Are you going to accept bids from people that did not come to the meeting?
A 14. Page 0-1, Volume Two of the RFQ states the expressed requirement of "Prospective
bidders must attend the mandatory pre-bid conference." Vendors that did not attend the
pre-bid conference will not have met this requirement of the RFQ.
Q15. How many bids do I submit?
A 15. One per bidder.
G:\PUBLICIRFQ\FY 2014-15\912-5334 JOB ORDER CONTRACT\912-5334 ADD 1.DOC
912-5334 Addendum 1
Exhibit A
JOC System License and Fee Agreement
THE
GeRCIAN
GROUP~
This Agreement is made this day of , 2015 by and between
[Insert Contractor's Full Legal Name], whose address is [Insert Contractor's Legal Address]
("Contractor''), and The Gordian Group, Inc., whose address is 30 Patewood Drive, Suite 350, Greenville,
SC 29615 ("Gordian").
WHEREAS, [Insert Owner's Full Legal Name] ("Owner") has awarded Contract No. [Insert Number]
("Contract") to the Contractor.
WHEREAS, pursuant to the terms and conditions of a contract between Gordian and Owner ("Owner
Contract"), Gordian has agreed to provide Contractor with a license to Gordian's Job Order Contracting
system ("JOC System"), and
NOW, THEREFORE, the parties agree to the terms and conditions of the following JOC System License
and Contractor License Fee ("Agreement"):
Gordian hereby grants to Contractor, and Contractor hereby accepts from Gordian for the term of the
Contract, or the term of the Owner Contract, whichever is shorter, a non-exclusive and nontransferable
right, privilege, and license to Gordian's proprietary JOC System and other related proprietary materials
(collectively referred to as "Proprietary Information") to be used for the sole purpose of executing the
Contractor's responsibilities under the Contract ("Limited Purpose"). Contractor hereby agrees that the
Proprietary Information shall include, but is not limited to, Gordian's eGordian® JOC information
management applications and support documentation, Construction Task Catalog®, training materials,
and any other proprietary materials provided to Contractor by Gordian. In the event the Contract expires
or terminates, or the Owner Contract expires or terminates, this JOC System License shall terminate and
Contractor shall return all Proprietary Information in its possession to Gordian.
Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the
Proprietary Information, including all U.S. and international intellectual property and other rights such as
patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any portion
of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose
set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose,
copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell,
directly or indirectly (including in electronic form), any portion of the Proprietary Information.
In accordance with the terms of the Contract, Contractor hereby agrees to pay Gordian a license fee
("Contractor License Fee") equal to one percent (1 %) of the value of each Job Order, Purchase Order or
other similar purchasing document issued to Contractor by Owner pursuant to the Contract. Contractor
further agrees to remit the Contractor License Fee to Gordian within ten (10) days of Contractor's receipt
of each Job Order, Purchase Order or other similar purchasing document from the Owner. Contractor
shall make payments payable to The Gordian Group, Inc. and shall mail the payments to P.O. Box
751959, Charlotte, NC 28275-1959. All payments received after the due date set forth above will incur a
late payment charge from such due date until paid at a rate of 1.5% per month. In the event a
modification to an issued Job Order results in a reduction of the value of the Job Order, Gordian shall
issue a credit to Contractor only when the applicable license fee credit is greater than or equal to $25.00.
Either party may terminate this Agreement in the event of: (1) any breach of a material term of this
Agreement by the other party which is not remedied within ten (10) days after written notice to the
breaching party; or (2) the other party's making an assignment for the benefit of its creditors, or the filing
by or against such party of a petition under any bankruptcy or insolvency law, which is not discharged
within thirty (30) days of such filing.
Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other
proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement,
and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided
912-5334 Addendum 1
Exhibit A
THE
GeRCIAN
GROUP~
to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further
acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable
harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be
entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies
available at law or in equity. In the event that it becomes necessary for either party to enforce the
provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions,
including nonpayment of any Contractor License Fees owed, whether by litigation, arbitration or other
proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses
associated with such proceedings, including reasonable attorney's fees.
This Agreement shall be construed under the laws of the State of California without regard to choice of
law principles. Both parties irrevocably consent to the jurisdiction and venue of the federal and state
courts located in the State of California for purposes of any action brought in connection with this
Agreement or use of the Proprietary Information.
The parties agree that in the event of a conflict in terms and conditions between this Agreement and any
other terms and conditions of the Contract, the Owner Contract, or any Job Order, Purchase Order or
similar purchasing document issued to Contractor by Owner, this Agreement shall take precedence.
[Insert Contractor's Full Legal Name] The Gordian Group, Inc.
Signature:-------------Signature:-------------
Name: _______________ ___ Name: Ammon T. Lesher
Title:---------------Title: Vice President of Legal Affairs
ACKNOWLEDGMENT OF [Contractor]
STATE OF _____ __
COUNTY OF _____ _
I, the undersigned Notary Public, do hereby certify that the foregoing instrument was acknowledged
before me this ____ day of ______ and the document was executed by the above named
--------------------of his/her own free will.
Witness my hand and seal this __ day of-------· 2015.
Signature of Notary Public
Place Notary Seal Above
912-5334 Addendum 1
Exhibit B
BID NO.: 912-5334 DATE: 03/10/2015
Job Order Contract
DESCRIPTION OF BID
D JOB SITE INSPECTION
[!] VENDOR CONFERENCE
D BID OPENING
E-MAIL ADD
s-s-q~ zqf../-qsoo ss-q-zq't-qzoo
PHONE NUMBER FAX NUMBER
COMPANY NAME
'DW6 REeTZ-
COMPANY REPRESENTATIVE
Sl 19 E-C:.LI "'-i~ J::;y"tf::.-.
CITY/STATE/ZIP
BID DUE DATE: _:0;__3L.:I2::...:.7.L:./2:::...:0o...::1~5 ______ _
BUYER: ~L=o=u=a=n=n~M=·~fo=n=e=s ____________ _
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATE/ZIP
E-MAIL ADDRESS
PHONE NUMBER
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATE/ZIP
t:g,?r-; e,.Mbfl.iLVII't~-K'a-..iS~..:rto.l' (~~''\....
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ff(~() C~TATEIZI,J T 2 1= CITY/STATE/ZIP
J V 5 +;~ E~ADB_,~C re,~. Cf.l-.--'------------,.e:MAr-G'A""IL~AD'"'D""R""'ESS="'"--------
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PHONE NUMBER FAX NUMBER PHONE NUMBER FAX NUMBER
Pb-54
Revised 8105 c:\useRs[JONESIAPPDATA\LOCALIMICROsoFnwiNooWsiTEMPORARY INTERNET FllES\CONTENT.OUTLOOK\XNVYNDW0\912-5334 VC.bOC
BID NO.: 912-5334
]ob Order Contract
D JOB SITE INSPECTION
[!]j VENDOR CONFERENCE
D BID OPENING
COMPANY NAME --r:--·· .· f2..rCt~2 « J
COMPANY REPRESENTATIVE
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COMPANY ADDRESS
Gt 97?06
CITY/STATE/ZIP
Q-~i'j C•""
E-MAIL ADDRESS
912-5334 Addendum 1
Exhibit B
DATE: 03/10/2015
DESCRIPTION OF BID
BID DUE DATE: __;0=3:L...:/2=-:7:.L'f...=.'2=-:.01::..::5::.__ _____ _
BUYER: ~L~o~u~a~n~n~M~·~lo~n~e=s ____________ _
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATE/ZIP
PHONE NUMBER FAX NUMBER
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATE/ZIP
E-MAIL ADDRESS
ST9--)..68, ;t 9 oB
PHONE NUMBER
COMPANY NAME
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COMPANY REPRESENTATIVE
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FAX NUMBER
PHONE NUMBER FAX NUMBER
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
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E-MAIL ADDRESS
PHONE NUMBER FAX NUMBER
P0-54
Revised 8/05 C:\USERS\LJONES\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\XNVYNDWQ\912-5334 VC.DOC
t)--_,/~
(/ ~~):g:~Jv 912-5334 Addendum 1
Exhibit B _.__,. c.---
BID NO.: 912-5334 .DATE: 03/10/2015
]ob Order Contract
DESCRIPTION OF BID
D JOB SITE INSPECTION
00 VENDOR CONFERENCE
D BID OPENING
COMPANY NAME
t..tM.ws H A=kA-t.,l-4-J.)£5
OMPANY ADDRESS
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E-MAIL ADDRESS
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PHONE NUMBER FAX NUMBER
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E-MAIL ADDRESS
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PHONE NUMBER FAX NUMBER
, COMPANY REPRESENTATIVE
E-MAIL ADDRESS
PHONE NUMBER FAX NUMBER
BID DUE DATE: _0_3.._!2_7.L../2_0_1_5 ______ _
BUYER: Louann M. ]ones --~----~~-------------------
' ----------------~C~O~M~~~N~Y~NA~M=E------------------'
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATE/ZIP
E-MAIL ADDRESS
PHONE NUMBER FAX NUMBER
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
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E-MAIL ADDRESS
PHONE NUMBER FAX NUMBER
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY /STATE/ZIP
E-MAIL ADDRESS
PHONE NUMBER FAX NUMBER
P0-54 C:\USERSILJONESIAPPDATAILOCALIMICROsoffiwiNDOWSITEMPORARV INTERNET FiLESICONTENt.outL60k\XNWNDWd\912-5334 vc.ooc Revised 8/05
BID NO.: 912·5334
Job Order Contract
D JOB SITE INSPECTION
(K] VENDOR CONFERENCE
D BID OPENING
CITY/STATE/ZIP
,)lee {2
E-MAIL AD ESS
912-5334 Addendum 1
Exhibit B
DATE: 03/10/2015
DESCRIPTION OF BID
BID DUE DATE: .....:;O;_.:;c3.z._;/2=7....._/=20.::...:1=5;.__ _____ _
BUYER: ~L=o~u=a=n=n~M~·~l~on=e=s~------------
COM ANYNAME
JvU ld FA~ct..f£)7
COMPANY REPRESENTATIVE
cf3.J V M&:'JfM(;~1fifs~C #-P
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COMPANY ADDRESS
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FAX NUMBER
C:IUSERS\LJONESIAPPDATAILOCALIMICROSOFnWINDOWSITEMPORARY INTERNET FllES\CONTENT.OUTLOOK\XNWNbWa\912-5334 vc.ooc
COUNTY OF FRESNO
ADDENDUM NUMBER: ONE (1)
RFQ NUMBER: 912-5334
JOB ORDER CONTRACT
March 13, 2015
PURCHASING USE G:IPUBLICIRFQ\FY 2014-151912-5334 JOB
ORDER CONTRACTI912-5334 ADD 1.DOC
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 BID WILL BE ON MARCH 27,2015 AT 2:00P.M.!
QUOTES WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M.
All quotation information will be available for review after contract award.
Clarification of specifications is to be directed to: Louann M. Jones, phone (559) 600-7118, e-mail
CountyPurchasing@co.fresno.ca.us, fax (559) 600-7126.
NOTE THE FOLLOWING AND ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE
REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER: 912-5334 AND INCLUDE THEM IN YOUR
RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM PAGE WITH YOUR QUOTATION.
)> This RFQ will award three contracts for three vendors
)> One bid (Volume One) per vendor shall be submitted
)> Since July 1, 2014, 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.
)> See attached Gordian License & Fee Agreement -Exhibit A
Bidder is required to provide DIR registration # with their bid.
ACKNOWLEQGMENT Of AQPENQUM NUMBERONE (1) TO REO 912-5334
COMPANY NAME: Ardent General Inc
(PRINT)
SIGNATURE: ~$£-=
NAME & TITLE: Justin Barton, Sec./Treas.
(PRINT)
G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACT\912-5334 ADD 1 .DOC (4/11)
ADDENDUM NO. One (1)
REQUEST FOR QUOTATION NUMBER 912-5334
March 13, 2015
Page 2
Q1. There was a public meeting a few months ago regarding an upcoming Job Order
Contract that had more road work involved, is this the same JOC?
A 1. This is the only meeting for this JOG; it is forB license contractors. There potentially will be
some public build work involved with this JOC.
Q2. What is the size of this contract?
A2. The contracts will each be for a minimum of $25,000.00 and a maximum of $2,000,000.00.
With the possibility of increasing the maximum if a need is determined by the manager of
Facilities SeNices.
Q3. Will you provide a copy of the sign-In sheet for this pre-bid meeting?
A3. See Exhibit B attached.
Q4. Can you (the contractor) turn down any job when awarded the contract?
A4. There is no right of refusal under this contract.
Q5. Is there a lot of federally funded type of work expected as part of this JOC?
A5. Historically there has not been a lot of federally funded work as part of this JOC, but there is
always that possibility.
Q6. Will there be work needed in secured facilities?
A6. Yes, we have four detention facilities that potentially will need work.
Q7. Will there be work needed in medical facilities?
A7. Not for actively used facilities, we do maintain buildings, etc. that previously were actively
used as medical facilities.
QS. How quickly after the low bids are chosen will the actual jobs be released?
AB. Could be released as soon as the contracts are approved by the Fresno County Board of
SupeNisors at their board meeting or any time after.
Q9. When is the CLF (Contractor's Licensing Fee) fee due?
A9. After the notice to proceed on the job order is released and only for projects that go through
completion.
Q1 0. On a non-prepriced item, if contractor's factor for normal working hours is below 1
(like .97), will contractor be operating in the red?
A10. Yes, the non-prepriced items are tied to the contractor's normal working hours factor.
Q11. After the JOC contracts are awarded, will contractors/projects have to wait for July 1st
beginning of the fiscal year funding?
A 11. No, some projects will need new fiscal year funding and some projects will cross fiscal
years.
G:\PUBLICIRFQIFY 2014-151912-5334 JOB ORDER CONTRACTI912·5334 ADD 1.DOC
ADDENDUM NO. One (1)
REQUEST FOR QUOTATION NUMBER 912-5334
March 13, 2015
Page3
Q12. Has the County ever used up all the funding within the JOC contract upfront or at the
tail end of the contract timeframe?
A 12. Use of the funding for the JOG has varied with each JOG contract timeframe and contractor
performance. We
Q13.1s there a place to go to find out what the current contract factors are?
A 13. See below. Bidders should consider that the provisions of the previous JOG contract have
changed for this JOG contract and those changes (e.g. nonpre-priced items factor and 1%
fee to Gordian) could have increased cost implications.
B "' c
Adjustment Faclor ~ ot Adjultmllot Fedor to
Multiplier for E¥111uatioo be UMd In Ewaluallon
(carry 10 4 decimal placet)
1' 07440 .65 • QAUO
Une1
2. o.mf2 .20 = otaoo
3. 0.7200 X .10 .. 0.0720
I.Ait3
.OS .. O.G443 ... o.~ . 4
X
,..., 0.7788
Award Formula:
A X B = c
Adjustment Factor from Adjustment Factor Peroentage of Adjustment Factor to
M.llliplier for Evaluation be used in Evaluallon Previa us Page (cany to 4 decimal places)
1. ,.1540 X. .65 .940\
Line 1
2. 15"-1 I X .20 iSDS
Une2
.. 075~
3. -IS""4\ X .10 =
Llne3 .. o·:,J 1
4. ., I '5'-t l X .05
Line4
Total -7£Y0
G:IPUBLIC\RFQ\FY 2014-151912·5334 JOB ORDER CONTRACT\912·5334 ADD 1.DOC
ADDENDUM NO. One (1)
REQUEST FOR QUOTATION NUMBER 912-5334
March 13, 2015
Page4
Q14. Volume Two of the RFQ says that the pre-bid meeting is mandatory, what will that
mean? Are you going to accept bids from people that did not come to the meeting?
A14. Page 0-1, Volume Two of the RFQ states the expressed requirementof"Prospective
bidders must attend the mandatory pre-bid conference." Vendors that did not attend the
pre-bid conference will not have met this requirement of the RFQ.
Q15. How many bids do I submit?
A 15. One per bidder.
G:\PUBLIC\RFQIFY 2014·151912·5334 JOB ORDER CONTRACn912-5334 ADD 1.DOC
912-5334 Addendum 1
Exhibit A
JOC System License and Fee Agreement
THE
GftRDIAN
GROUP"
This Agreement is made this day of , 2015 by and between
[Insert Contractor's Full Legal Name], whose address is [Insert Contractor's Legal Address]
("Contractor''), and The Gordian Group, Inc., whose address is 30 Patewood Drive, Suite 350, Greenville,
SC 29615 ("Gordian").
WHEREAS, [Insert Owner's Full Legal Name] ("Owner") has awarded Contract No. [Insert Number]
("Contract") to the Contractor.
WHEREAS, pursuant to the terms and conditions of a contract between Gordian and Owner ("Owner
Contract"), Gordian has agreed to provide Contractor with a license to Gordian's Job Order Contracting
system ("JOC System"), and
NOW, THEREFORE, the parties agree to the terms and conditions of the following JOC System License
and Contractor License Fee ("Agreement"):
Gordian hereby grants to Contractor, and Contractor hereby accepts from Gordian for the term of the
Contract, or the tenn of the Owner Contract, whichever is shorter, a non-exclusive and nontransferable
right, privilege, and license to Gordian's proprietary JOC System and other related proprietary materials
(collectively referred to as "Proprietary Information") to be used for the sole purpose of executing the
Contractor's responsibilities under the Contract ("Limited Purpose"). Contractor hereby agrees that the
Proprietary lnfonnation shall include, but is not limited to, Gordian's eGordian® JOC information
management applications and support documentation, Construction Task Catalog®, training materials,
and any other proprietary materials provided to Contractor by Gordian. In the event the Contract expires
or tenninates, or the Owner Contract expires or terminates, this JOC System License shall tenninate and
Contractor shall retum all Proprietary Information in its possession to Gordian.
Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the
Proprietary lnfonnation, including all U.S. and international intellectual property and other rights such as
patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any portion
of the Proprietary lnfonnation except the right to use the Proprietary lnfonnation for the Limited Purpose
set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose,
copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell,
directly or indirectly (including in electronic form}, any portion of the Proprietary lnfonnation.
In accordance with the tenns of the Contract, Contractor hereby agrees to pay Gordian a license fee
("Contractor License Fee") equal to one percent (1%) of the value of each Job Order, Purchase Order or
other similar purchasing document issued to Contractor by Owner pursuant to the Contract. Contractor
further agrees to remit the Contractor License Fee to Gordian within ten (1 0) days of Contractor's receipt
of each Job Order, Purchase Order or other similar purchasing document from the Owner. Contractor
shall make payments payable to The Gordian Group, Inc. and shall mail the payments to P.O. Box
751959, Charlotte, NC 28275-1959. All payments received after the due date set forth above will incur a
late payment charge from such due date until paid at a rate of 1.5% per month. In the event a
modification to an issued Job Order results in a reduction of the value of the Job Order, Gordian shall
issue a credit to Contractor only when the applicable license fee credit is greater than or equal to $25.00.
Either party may tenninate this Agreement in the event of: (1) any breach of a material term of this
Agreement by the other party which is not remedied within ten (10) days after written notice to the
breaching party; or (2) the other party's making an assignment for the benefit of its creditors, or the filing
by or against such party of a petition under any bankruptcy or insolvency law, which is not discharged
within thirty (30) days of such filing.
Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other
proprietary rights of Gordian in the Proprietary lnfonnation during and after the tenn of this Agreement,
and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided
912-5334 Addendum 1
Exhibit A
THE
SORCI AN
GROUP"
to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further
acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable
harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be
entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies
available at law or in equity. In the event that it becomes necessary for either party to enforce the
provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions,
including nonpayment of any Contractor License Fees owed, whether by litigation, arbitration or other
proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses
associated with such proceedings, including reasonable attorney's fees.
This Agreement shall be construed under the laws of the State of California without regard to choice of
law principles. Both parties irrevocably consent to the jurisdiction and venue of the federal and state
courts located in the State of California for purposes of any action brought in connection with this
Agreement or use of the Proprietary Information.
The parties agree that in the event of a conflict in terms and conditions between this Agreement and any
other terms and conditions of the Contract, the Owner Contract, or any Job Order, Purchase Order or
similar purchasing document issued to Contractor by Owner, this Agreement shall take precedence.
pnsert Contractor's Full Legal Name] The Gordian Group, Inc.
Signature:-------------Signature:-------------
Name: ______________ ___ Name: Ammon T. Lesher
Title:----------------Title: Vice President of Legal Affairs
ACKNOWLEDGMENT OF [Contractor]
STATE OF ___________ _
COUNTY OF _________ _
I, the undersigned Notary Public, do hereby certify that the foregoing instrument was acknowledged
before me this ____ day of------and the document was executed by the above named
--------------------of his/her own free will.
Witness my hand and seal this __ day of _______ , 2015.
Signature of Notary Public
Place Notary Seal Above
912-5334 Addendum 1
Exhibit B
BID NO.: 912-5334 DATE: 03/10/2015
Job Order Contract
DESCRIPTION OF BID
D JOB SITE INSPECTION
(!] VENDOR CONFERENCE
D BID OPENING
·.,(NrhMM {iJJ.._sfrvGh~L ~0~--:J
COMPANYNAME l
·r_filM 1)'1.. Itl.;ce ~
COMPANY REPRESENTATIVE
;c,.)z5' H(]t 1tw rA
E-MAIL ADD
ssq~ Zq4-qsoo ss:t-zq'i-9loo
PHONE NUMBER FAX NUMBER
COMPANY NAME
·owE, f?.E rTZ.-
COMPANY REPRESENTATIVE
5] 19 S-CLt t-...i ·""\"btJ l:::.V&-
CITY/STATE/ZIP
BID DUE DATE: ....:0:.=3~12:.:7..L;.I2::..:0::..:1:..=.5 ______ _
BUYER: ~L~o~u~a~n~n~M=·~}~on~e=s~-----------
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATE/ZIP
E-MAIL ADDRESS
PHONE NUMBER '~.MBERr, r\ ' i' ! (~-e'"-Y. \ ~
....__--'
COMPANY NAME
COMPANY REPRESENTATIVE
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t::q)r:j e,M~JI~ri~S~o.l' (~r--A.,_
E-MAIL A RESS E-MAIL ADDRESS
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PHONE NUMBER FAX NUMBER ] PHONE NUMBER FAX NUMBER
3
COMPANY NAME
CoMPANY REPRirNTATIVE COMPANY REPRESENTATIVE
3/2.2 ~M~MJ'Jo%.¥s5tDc J:l.t () I
COMPANY ADDRESS
ffi~..$tl() C(£ATEIZI;tJ r'lf:
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JUS +c""" /iiADB.(;~f= '/t!c~· O;...-________ 'EOiiAnn:rrlL-.:AD"'D;gR;;['ESS;;;;---------
4q£-3'fftt 1'?2-)q 1 '"L
PHONE NUMBER FAX NUMBER PHONENUMBER FAXNUMBER
P0-54 C:\USERSILJONES\APPOATAILOCALIMICROSOFTIWlNDOWS\TEMPORARY INTERNET FILES\d5NTENT.OUTLOOKiXNVYNOWQ\912-S334 VC.OOC Revised 8105
BID NO.: 912-5334
Job Order Contract
D JOB SITE INSPECTION
[!) VENDOR CONFERENCE
D BID OPENING
COMPANY NA E Ror 5 J"e .... t;-;-,. 5
COMPANY REPRESENTATIVE
J, s-N. ~r""e A.,.e.
COMPANY ADDRESS
f ce~ ~o I C~ CJ7?06
PHONE NUMBER
COMPANY NAME
~4/1-1 !if~,..;_u. p-p:
COMPANY REPRESENTATIVE
/ ,2 d c: 7 h..-... .r.:;t/.~
COMPANY ADDRESS
CITYISTATEJZIP
E-MAIL ADDRESS
PHONE NUMBER
912-5334 Addendum 1
Exhibit B
DATE: 03/10/2015
DESCRIPTION OF BID
BID DUE DATE: .....;0;..:;,3L,;./2;;...;.7.L.;/2=0=1=5 ______ _
BUYER: -=L=o;...;;u=a=n=n..;;..M=·.Llo=n:..:.:e=s~------
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITYISTATElZIP
PHONE NUMBER FAX NUMBER
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITYISTATEJZIP
EOMAlL ADDRESS
FAX NUMBER PHONE NUMBER FAX NUMBER
COMPANY NAME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATEJZIP
E-MAIL ADDRESS
FAX NUMBER PHONE NUMBER FAX NUMBER
P0-54 c:\USERS\lJbNtS'\APPOAtA\l:CicAi5MCROSoFi\WINooWS\tEFOAP6RARv INTERNET FiLESICONTENT.OUTLook\XNWNbWa\912-5334 vcboc Revised 8105
912-5334 Addendum 1
Exhibit B
. DATE: 03/10/2015
job Order Contract
DESCRIPTION OF BID
D JOB SITE INSPECTION
(]] VENDOR CONFERENCE
D BID OPENING
-iiPANY REPRESENTATIVE
ltJU~-IJ, 1/tMttJJ.Jc/..1 ..s I
COMPANY ADDRESS
f!>UU,f-Mf( CA· q/.!:,-06-
1 CITY/STATE/ZIP
(AfU..:t$t1Af.rttUJWt£,$(?< vCJA-U. C4uf
E-MAIL ADDRESS
ft ({ · ?(;0 ~ 'IS t>r2 tft<l ~ ZW-· t.;s-u.:i..
PHONE NUMBER FAX NUMBER
I -COrPANY RfPRESENV-TI\IE / Cf'J q ._.C...I1 c IA...S T1.J cc....r liJ k~
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PHONE NUMBER FAX NUMBER
1
. _cOMPANY NAME \
t_.a t}: (, :·_;, ·P... ... :: o ~ .. \ _ _.; ~~.
, COMPANY REPRESENTATIVE
\-)(--~' \:o;. ~~:..) ~ .. ~.(~--v/
• CITY/STATE/ZIP Q ---t L2~ 1\ \.
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PHONE NUMBER FAX NUMBER
BID DUE DATE: ....::0=3L.:.I2=-:.7..t..;/2=0=1=5-_____ _
BUYER: ~L~o~u~a~n~n~M=·Llo~n~es~-------------
---1 ' ----------------~C~O~M~AA~N~Y~~~M~E--------------~
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATE/ZIP
E-MAIL ADDRESS
PHONE NUMBER FAX NUMBER
COMPANY~ME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATE/ZIP
EOMAIL ACDRESS
PHONE NUMBER FAX NUMBER
COMPANY~ME
COMPANY REPRESENTATIVE
COMPANY ADDRESS
CITY/STATE/ZIP
E-MAIL ADDRESS
PHONE NUMBER FAX NUMBER
P0-54 C:\USERS\lJ6NEs\APPDATAILOCAL'MCROS6ffiWINDOWS\TEMPORARY INTERNET FilESICONTENT.OOTLOOK\XNWNDWQ\912-5334 VC.DOC Revised 8/05
BID NO.: 912-5334
}ob Order Contract
D JOB SITE INSPECTION
II] VENDOR CONFERENCE
D BID OPENING
CITY/STATE/ZIP
.... )tee {] 5gt ft'1.Mfll~lssc::.o W\
912-5334 Addendum 1
Exhibit B
DATE: 03/10/2015
DESCRIPTION OF BID
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C:\USERS\LJONESIAPPDATAILOCALIMICROSOFT\WINDOWS\TEMPOAARY INTERNET FILES\CONTENT.OUTLOOKiXNVVNOWQ\91205334 vc.ooc
Exhibit "B"
C-OUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 912·5334
JOB ORDER CONTRACT
VOLUME ONE (1)
February 27, 2014
PURCHASING USE G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER
ORG/Re uisijion: 8935/1321501094 55 CONTRACTI912-5334 JOB ORDER CONTRACT-VOL. 01.DOC
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 HAMIL TON AVENUE, 2nd Floor
FRESNO, CA 93702-4599
CLOSING DATE OF BID WILL BE AT 2:00P.M. ON MARCH 27, 2015
QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00P.M.
All quotation information will be available for review after contract award.
Clarification of specifications is to be directed to: Louann Jones, e-mail CountyPurchasinq@co.fresno.ca.us,
phone (559) 600-7124, FAX (559) 600-7126.
GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals
{RFP'S) and Requests for Quotations {RFQ'S)" attached. Check County of Fresno Purchasing's Open Solicitations website at
https://www2.co.fresno.ca.us/044Q/Bids/BidsHome.aspx for RFQ/RFP documents and changes.
~~ .. ,. .... ,
'. BIDDER TO COMPLETE
. iJNDERSIG~ED AGP.EES TO FURNISH THE COMMODilY OR SERVICE STIPULATED IN THE ATIACHED QUOTATION SCHEDULE AT THE
,PRICES A\'ID TERMS.STATED, SUBJECT TO THE "COUNlY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR
;REQU:ES1! FOR QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)"ATIACHED.
I . ! ~ '
Ardent General Inc
COMPANY
3122 N. Sunnyside Ave #101
ADDRESS
Fresno
CITY
C?s9) 492-3972
FACSIMILE NUMBER
Sec./Treas.
TITLE
CA 93727
STATE ZIP CODE
justin@ardentgeneral.com
E-MAIL ADDRESS
PD-010 (1/14)
Quotation No. 912-5334
COUNTY OF FRESNO PURCHASING
STANDARD INSTRUCTIONS AND CONDITIONS FOR
REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)
Note: the reference to "bids" in the following paragraphs applies to REP's and RFQ's
GENERAL CONDITIONS
By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid.
1. BID PREPARATION:
A) All prices and notations must be typed or written in ink. No erasures
permitted. Errors may be crossed out, initialed and corrections
printed in ink by person signing bid.
B) Brand Names: Brand names and numbers when given are for
reference.
C) All bids must be dated and signed wHh the firm's name and by an
authorized officer or employee.
D) Unless otherwise noted, prices shall be firm for one hundred eighty
( 180) days after closing date of bid.
2. SUBMITIING BIDS:
A) Each 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.
B) 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 wr~ing at once. The County shall not be held
responsible for verbal interpretations. Questions regarding the bid
must be received by Purchasing at least five (5) working days before
bid opening. All addenda issued shall be in writing, duly issued by
Purchasing and incorporated into the contract.
C) ISSUING AGENT/AUTHORIZED CONTACT: This RFP/RFQ has
been issued by County of Fresno, Purchasing. Purchasing shall be
the vendor's sole point of contact ~h regard to the RFP/RFQ, Hs
content, and all issues concerning a.
All communication regarding this RFP/RFQ shall be directed to an
authorized representative of County Purchasing. The specific buyer
managing this RFP/RFQ is identified on 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
RFP/RFQ. Contact with any other County representative, including
elected officials, for the purpose of discussing this RFP/RFQ, Hs
content, or any other issue concerning it, is prohibHed unless
authorized by Purchasing. VIOlation of this clause, by the vendor
having unauthorized contact (verbally or in wrHing) with such other
County representatives, may constitute grounds for rejection by
Purchasing of the vendor's quotation.
The above stated restriction on vendor contact with County
representatives shall apply until the County has awarded a purchase
order or contract to a vendor or vendors, except as follows. First. in
the event that a vendor inHiates a formal protest against the
RFP/RFQ, such vendor may contact the appropriate individual, or
individuals who are managing that protest as ouHined 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
vendor may address the Board.
D) Bids received after the closing time will NOT be considered.
E) Bidders are to bid what is specified or requested first. Public Contract
Code Sectjon 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.
3. FAILURE TO BID:
4.
5.
6.
A) If not bidding, return bid sheet and state reason for no bid or your name
may be removed from mailing list.
TAXES, CHARGES AND EXTRAS:
A) County of Fresno is subject to California sales and/or use tax (8.225%) ..
B) DO NOT include Federal Excise Tax. County is exempt under
Registration No. 94-73{)3401-K.
C) County is exempt from Federal Transportation Tax. Exemption
certificate is not required where shipping papers show consignee as
County of Fresno.
W-9 -REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND
CERTIFICATION & CALIFORNIA FORM 590 WITHHOLDING EXEMPTION
CERTIFICATE:
Upon award of bid, the vendor shall submit to County Purchasing, a completed
IRS Eonn W-9 • ReoyeS) for Taxoayer ldentificatjon Number and Certification
and a California form 590 Withholding Exemption Certificate if not currently a
County of fresno approved vendor.
AWARDS:
A) Award(s) will be made to the most responsive responsible bidder;
however, the E res no County Local Vendor Preference and/or the
Disabled Veteran Business Enterprise Preference shall take precedence
when applicable. Said Preferences apply only to Requestfor Quotations
for materials, equipment and/or supplies only (no services); the
preferences do not apply to Request for Proposals. The County shall
be the sole judge in making such determination.
B) The County reserves the right to reject any and all bids and to waive
informalities or irregularities in bids.
G:IPUBLICIRFQ\FY 2014-151912-5334 JOB ORDER CONTRACT\912-5334 JOB ORDER CONTRACT-VOL.
01.DOC
1A PD-010 (10/13)
Quotation No. 912-5334
C) Award Notices are tentative: Acceptance of an offer made in
response to this RFP/RFQ shall occur only upon execution of an
agreement by both parties or issuance of a valid written Purchase
Order by Fresno County Purchasing.
D) After award, all bids shall be open to public inspection. The County
assumes no responsibility for the confidentiality of information
offered in a bid.
7. TIE BIDS:
All other factors being equal, the contract shall be awarded to the Fresno
County vendor or, if neither or both are Fresno County vendors, it may be
awarded by the flip of a coin in the presence of witnesses or the entire bid
may be rejected and re-bid. If the General Requirements of the RFQ state
that they are applicable, the provisions of the Fresno County Local Vendor
Preference shall take priority over this paragraph.
B. PATENT INDEMNITY:
The vendor 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 bid.
9. SAMPLES:
Samples, when required, must be furnished and delivered free and, if not
destroyed by tests, will upon written request (within thirty (30) days of bid
closing date) be returned at the bidde~s expense. In the absence of such
notification, County shall have the right to dispose of the samples in
whatever manner it deems appropriate.
10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT:
A) In case of default by vendor, 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 vendor or by proceeding against performance bond of the
vendor, if any, or by suit against the vendor. The prices paid by the
County shall be considered the prevailing market price at the time
such purchase is made.
B) Articles or services, which upon delivery inspection do not meet
specifications, will be rejected and the vendor will be considered in
default. Vendor shall reimburse County for expenses related to
delivery of non-specified goods or services.
C) Regardless of F.O.B. point. vendor 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 vendor from any obligation hereunder.
11. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL
CONDITIONS:
The 'General Gondnions' provisions of this RFP/RFQ shall be superseded
if in conflict with any other section of this bid, to the extent of any such
conflict.
12. SPECIAL REQUIREMENT:
WHh 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 on 'The Ust of 800 Hazardous
Substances", published by the State Director of Industrial Relations. (See
Hazardous Substances Information and Training Act, California State Labor
Code Sections 6360 through 6399. 7)
13. RECYCLED PRODUCTS/MATERIALS:
Vendors are encouraged to provide recycled or recyclable products/materials
which meet stated specifications.
14. YEAR COMPLIANCE WARRANTY:
Vendor warrants that any product furnished pursuant to this AgreemenUorder
shall support a four-{!igit year format and be able to aa:urately process date
and time data from, into and between the twentieth and twenty-first centuries,
as well as leap year calculations. 'Product' shall include, without limitation,
any piece or component of equipment, hardware, firmware, middleware,
custom or commercial software, or internal components or subroutines therein.
This warranty shall survive termination or expiration of this Agreement.
In the event of any decrease in product functionality or accuracy related to time
and/or date data related codes and/or internal subroutines that impede the
product from operating correcUy using dates beyond December 31, 1999,
vendor shall restore or repair the product to the same lewl of functionality as
warranted herein, so as to minimize interruption to County's ongoing business
process, lime being of the essence. In the event that such warranty
compliance requires the acquisition of additional programs, the expense for
any such associated or additional acquisitions, which may be required,
including, without limitation, data conversion tools, shall be borne exclusively
by vendor. Nothing in this warranty shall be construed to limit any rights or
remedies the County may otherwise have under this Agreement with respect to
defects other than year performance.
15. PARTICIPATION:
Bidder may not agree to extend the terms of the resulting contract to other
political subdivision, municipalnies and tax-supported agencies.
16. CONFIDENTIALITY:
All services performed by vendor shall be in strict conformance with all
applicable Federal, State of California and/or local laws and regulations
relating to confidentialfty, 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.
Vendor shall submit to County's monitoring of said compliance.
Vendor may be a business associate of County, as that term is defined in the
'Privacy Rule' enacted by the Health Insurance Portabilfty and Accountability
Act of 1996 (HIPAA). As a HIPAA Business Associate, vendor 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 EntRy' under HIPAA's Privacy
Rule, except as authorized for management, administrative or legal
responsibilities of the Business Associate.
Vendor shall not use or further disclose PHI other than as permitted or required
by the County, or as required by law wHhout written notice to the County.
Vendor shall ensure that any agent, including any subcontractor, to which
vendor provides PHI received from, or created or received by the vendor on
behalf of County, shall comply with the same restrictions and conditions with
respect to such information.
G:\PUBLICIRFQ\FY 2014-151912-5334 JOB ORDER CONTRACT\912-5334 JOB ORDER CONTRACT-
VOL. 01.DOC
1B PD.040 (10/13)
Quotation No. 912-5334
17. APPEALS:
Appeals must be submitted in writing within seven (7) working days after
notification of proposed recommendations for award. A 'Notice of Awarr!
is not an indication of County's acceptance of an offer made in response to
this RFP/RFQ. Appeals should be submitted to County of Fresno
Purchasing, 4525 E. Hammon Avenue, Fresno, California 93702-4599.
Appeals should address only areas regarding RFP contradictions,
procurement errors, quotation rating discrepancies, legality of procurement
context, conflict of interest, and inappropriate or unfair competitive
procurement grievance regarding the RFP/RFQ 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 AgenVCAO within
seven (7) business days after Purchasing's notification; excepl 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 AgenVCAO's
decision, the final appeal is with the Board of Supervisors.
18. OBLIGATIONS OF CONTRACTOR:
A) 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 Unned 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.
B) CONTRACTOR shall obey all Federal, State, local and special
district laws, ordinances and regulations.
19. AUDITS & RETENTION:
The Contractor shall maintain in good and legible condition all books,
documents, papers, data files and other records related tons performance
under this contract. Such records shall be complete and available to
Fresno County, the State of California, the federal government or their duly
authorized representatives for the purpose of audit, examination, or
copying during the term of the contract and for a period of at least three (3)
years following the County's final payment under the contract or until
conclusion of any pending matter (e.g., lijigation or audit), whichever is
later. Such records must be retained in the manner described above until
all pending matters are closed.
20. DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS:
Applies to Request for Proposal (RFP); does not apply to Request for
Quotation (RFQ) unless specifically stated elsewhere in the RFQ
document.
In their proposal, the bidder is required to disclose if any of the following
condnions 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.
21. DATA SECURITY:
Individuals and/or agencies that enter into a contractual relationship with the
COUNTY for the purpose of providing services must 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 dient 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 or processes COUNTY
data, internally or externally.
COUNTY shall provide oversight to Contractor's 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 deemed necessary by COUNTY
in its sole discretion. Contractor will be responsible for all costs incurred as a
result of providing the required notification.
The County selected The Gordian Group's (Gordian) Job Order Contracting
(JOC) Solution (Gordian JOC Solution 1M) for their JOC program. The Gordian
JOC Solution includes Gordian's proprietary eGordian' JOC 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
JOC System Ucense and Fee Agreement, and pay a 1% JOC System License
Fee to obtain access to the Gordian JOC Solution.
22. PURCHASING LOCATION & HOURS:
Fresno County Purchasing is located at 4525 E. Hammon Avenue (second
floor), Fresno, CA 93702. Non-holiday hours of operation are Monday through
Friday,8:00A.M. to12:00Noonand1:00P.M. !o5:00P.M. PST;Purchasing
is closed daily from 12:00 Noon to 1:00 P.M. The following holiday office
closure schedule is observed:
G:IPUBLIC\RFQ\FY 2014-151912·5334 JOB ORDER CONTRACTI912-5334 JOB ORDER CONTRACT-
VOL. 01.DOC
1C PD-040 (10/13)
Quotation No. 912-5334
January 1*
Third Monday in January
Third Monday in February
March 31*
Last Monday in May
July 4*
First Monday in September
November 11 *
Fourth Thursday in November
Friday following Thanksgiving
December 25*
NewYea~s Day
Martin Luther King, Jr.'s Birthday
Washington -Lincoln Day
Cesar Chavez' Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas
* When this date falls on a Saturday, the holiday is observed the
preceding Friday. If the date falls on a Sunday, the holiday is observed
the following Monday.
G:IPUBLICIRFQ\FY 2014-151912-5334 JOB ORDER CONTRACl\912-5334 JOB ORDER CONTRACT-
VOL 01.DOC
10 PD-040 (10/13)
MARCH 27,2015
TO: WHOM IT MAY CONCERN
PROJECT: BIDDING JOB
EVIDENCE OF AUTHORITY TO BIND CORPORATION
Ardent General Inc, is a California corporation #C3409733, which certifies that Jim Myers, Tom Emerzian, and Justin Barton are all
corporate officers as listed on the statement of information as filed with the Secretary of State. Further reference the excerpt of the
articles of incorporation which gives each of the three officers authority to bind the corporation and to act as its agent.
Please feel free to call me at {559)492-3969 with any questions.
stin Barton
Ardent General, Inc.
Attachments: Statement of Information, State of California
Articles of Incorporation Excerpt
MAIL 3122 N. SUNNYSIDE AVE. #101-FRESNO CA. 93727
PHONE-559.492.3969 FAX-559.492.3972
www.arde ntge nera l.com
Page-l-ofl
State of California
Secretary of State
Statament of lnfonnatlon
~ SIDck and~,., Coopenlllve Corpollltlona)
FEES (Fling and Dllrclolunt): $21.08.11 amtl\dmtnt, .... ln8lluDtlona.
1.-oRT'ANr-READ III8TRUC'nON8 BEFORE-COIFLI!I1NG 1118 FORM
1. CORPORATI!-NAIE
ARDENT GENERAl., INC.
Due--~ ...
~forthlt r lDo not.,..lltlltllle,.,..dliiGtt. llml2111d•c.nata.P.o. a-.1
2. lmiEET ADDia8 OF PRINCIJ'ALEICECU1'NE OFFice . CnY 8TA1& Z. CODE .l . •
2555 N. ARGYLE FRESNO CA 83727
· · I. S1N!Er Mdil!l8 OF PRlNCIPALIIUIIIE881NCIII.FORIIo\ F Nl'l
2555 N. ARG\"',E
ern'
FRESNO
; cnY
STAlE ZIP CODE
CA 93127
BalE ZIP CODE
&. Cl& EICECU11IIE OFfd:IV ADORE8i8 · cnv 81"A11i • c:aaE
JAMES MYERS 2565 N. ARGYLE FRESNO CA 83121
a. 1EEfMY ADOfEI8 . c:nv
JUS11N BARrON 2565 N. ARm£ FRESNO·
7. ~f'llllfJICW.OFAC8V ADDRE88 CI1Y
.JUS'IM 8MTOH 2655-N. ARG'VLE FRESNO
~-•fJ/IAII ....... Whoar8"MO
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JAMES MYERS . . . 2666 N. ARGYLE . FAE8Ho. .. ... ADIIfiE88 cnv
JUSl1N~ 25&5 N. ARGYLE FRE8I\I()
tO.IWE ADOril!8t . . .cnv
~1'. s.tERZIAN 2555 N. ARG'tLE FRESNO
tl. JlRiiEf' ADDitSIIOF M8Cr FQit t1E1MCE G= PROCEaa If CA1.F0NM. FAll INDMDUM. CRY
2555 N. ARGVU: FRESNO
SN5 IPCCIIE
qA 113727
SfA11! ZIPCQIE
CA 93727
('flw ClllpOIIIIIaii-IIIUit .... llt .... _
arm ZPCGDE
CA . 83727
8TA11 ·~ .. Co(. 11727
SIJI.1I ZIP CODE
CA 'IS17:1
10. In order to authorizs certain actions to qualify the corporation for
licensure under the Contractors' state Ucense law of California, the following resolutions
are hereby adopted:
RESOL VEO, that the status of James L. Myers as the
responsible managing employee or responsible managing
officer of tile corporation (within the meaning of section
7068(bX3) of the Business and Professions Code of
CslffQmia) for purposes of compliance with the Contractors'
State Ucense Law of California, is hereby confirmed; and
RESOLVED F!JRTHER, that any officer of the corporation
be, and Is hereby, authorized to execute such d~rnents
and perform such other acts as may be required to cause
oompllance In all material respects by the oarporation with
the Contradors' State Ucense Law of California to cause Its
licensure for the conduct of a contracting business.
The undersigned hereby consent to the foregoing actions and direct that
this Written Consent be kept as part of the Minutes of the proceedings of the Board of
Directors.
Dated: September 30, 2011.
ThomaS P. Erne
2361 8100001-1799830.\11
R. e ~ t' s-tntti 011
ARDENT GENERAL INC CSI.8:968:1<0 01/0812015
THE
GUARANTEE"'
BID BOND
BONDN~ ~B~id~B~o~n~d ________ _
KNOW ALL MEN BY THESE PRESENTS, That we, ..:..A..::...rd~e::.wn~.:..t G::::.e:::.!n.!!:e~ra::.!.ll ~ln~c:.:.... ------------
-----------------~as Principal, and The Guarantee Company of North
America USA, a corporation duly organized under the raws of the State of Michigan, as Surety, are held and firmly
bound unto County of Fresno Purchasing
as Obligee, In lhe sum of Twenty Five Thousand Dollars and 00/100
($ $25,000 ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs,
executors, administrators, successors and assigns, JolnUy and severally.
WHEREAS; Principal has submitted a bid for Quotation Number: 912-5334 Job Order Contract Volume One
1 , the
Projecl
NOW, THEREFORE, 1r the Obfigee accepts the bid of the Principal and the Prfncfpal enters Into a Contract wllh lhe
Obligee for the ProJect; or,lf the Prfndpal pays the Obligee the amount of thls Bond or the difference between
Prlnclpars brd and the next lowest bld for the Project, whichever is less: this obligation Is null and void, otherwise to
remain In full force and effecl
Signed and sealed this 25th day of __ __;,M;.;;a;;;..r~ch.;....__ ___;;2;.;.0..;..15;....-......~
Witness
Bid Bond • Rav. 2/20113
Ardent General, Inc.
BY:~ pP81
ITS: 5 e C.,· /'TY l C\ ~ •
The Guarantee Company of North America USA
BY:
1 ~ ,. l • , -r t d 1 ~ 1 ~If 1 q n" ~ 1 • ~ I .. ~ 1 H ; f-\ 1: ~ • ~ • • t I 1•:
• ' ' : ,_.. ~ , I I 1 I " -.. ' • ~ r I
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' ~ .. . I " I ~ H f • I • " ) \ •
I '
ACKNOWLEDGMENT
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 California
County of W('Sh 0
On ---'D"'--o-+l2::;;..._1~\---'\ s ___ before me, Kt.ndvt1 MaritlOOtht.v R No.P, ~ Pvb h'G
(insert name and title Otthe officer)
personally appeared -nJs-\i" f\ betv-h> 1"\ ,
who proved to me on the basis of satisfactory evidence to be the person~ whose namefo) is/a.:e-
subscribed to the within instrument and acknowledged to me that he/8Re/~ executed the same in
his/b&r/their authorized capaci~, and that by his/.Rerlthetr signature~ on the instrument the
person~, or the entity upon behalf of which the person>-5 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature~ili\bk~Jl~0 (Seal)
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 of California
County of Fresno
) ss
)
On {YJctah2S,ZJblc~me, Lyn Genito, Notary Public, personally appeared Bonnie Gonzalez
---' who proved to me on the basis of satisfactory evidence to be the personW whose
nameW isfaf:e subscribed to the within instrument and acknowledged to me that Re./she/tRe.y
executed the same in J:Hs/her/~ authorized capacityf+est, and that by J:Hs/her/~
signaturets} on the instrument the personts}, or the entity upon behalf of which the personW
acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature :---~...U...,L..li-.J-~W;.:.J""'-+--=-
(Seal) Lyn Genito, Nota
•
THE
GUARANTEETM The Guarantee Company of North America USA
POWER OF ATTORNEY
Southfield, Michigan
Bond No. Bid Bond
Principal: Ardent General, Inc.
Obligee: County of Fresno Purchasing
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan. having its principal office in Southfield, Michigan, does hereby constitute and appoint
Attorney-in-Fact: Bonnie Gonzalez
Agency: Alliant Insurance Services, Inc.
its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such lnstrument(s) In pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney Is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 11 day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-ln-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof; and
2. To revoke, at any time, any such Attorney.ln-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. II Is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obfigations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at feast thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certiflcatlon
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory In the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN
County of Oakland
Stephen C. Ruschak, VIce President Randall Musselman, Secretary
On this 23rd day of February, 2012 before me came the individuals who executed the preceding Instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affiXed to said
instrument Is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission expires February 27, 2018
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing Is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in fuU force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 25th day of March 2015
Randall Musselman, Secretary
Quotation No. 912-5334
DOCUMENT SUBMITTAL
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 etc.
The bidder in 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 2015 Gounty of Fresno Page P·l
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Quotation No. 912-5334
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 (http://www.epls.gov); 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 201fi County of Fresno PageP-2
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Quotation No. 912-5334
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 of the
prospective primary participant to furnish a certification or an explanation shall disqualify
such person from participation in 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 prospective primary participant knowingly rendered an
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 prospective primary participant shall provide immediate written notice to the
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
become erroneous by reason of changed circumstances.
5. 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.
6. 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.
February 2015 County of Fresno Page P.3
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Quotation No. 912-5334
CERTIFICATION
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it, its
owners, officers, corporate managers and partners:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(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 a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, 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:
February 2DI5
Justin Barton, Sec./Treas
(Printed Name & Title)
Date:
County of Fresno
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03/27/15
Ardent General Inc
(Name of Agency or Company)
Page P-4
Quotation No. 912-5334
SELF-DEALING TRANSACTION DISCLOSURE
(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 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 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 2015 County of Fresno PageP-5
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Quotation No. 912-5334
PREVAILING WAGES
PR~VAILING WAGES: The work to be done on this project will involve the repair, alteration
m~tn~enance, install~~i~n, rehabilitation, demolition, construction or reconstruction of public '
bu1ld1ngs, streets, ut1ht1es, 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/opri/PWD/index.htm. Information pertaining to
applicable prevailing wage rates for apprentices may be found on the website for the State of
California-Department of Industrial Relations:
http://www.dir.ca.gov/oprllpwappwage/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 2015 County of Fresno Page P-G
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Quotation No. 912-5334
APPRENTICES
A Pursuant to Sections 1770-1780 of the Labor Code of the State of California, the Director of
~he Depart~ent of Industrial Relations has determined the general prevailing rate of wages
rn the localrty 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:
www.dir.ca.gov/dlsr.
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, tor 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 CaiWORKs 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 2015 County of Fresno Page P-7
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Quotation No. 912-5334
PROJECT: Job Order Contract
SOLICITATION NO.: 912-5334
(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 at the time of submitting
his bid.)
GUARANTY
To the Owner: County of Fresno
The undersigned guarantees the construction and installation of the following work included in
this project:
ALLWORK
Should any of the materials or equipment prove defective or should the work as a 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, 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 as originally contemplated.
The Owner shall have the unqualified option to make any needed replacement or repairs itself
or to have such replacements or repairs done by the undersigned. In the event the Owner
elects to 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. If the undersigned shall fail or
refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs
and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or
refusal.
Date: Contra~
February 2015 County of Fresno Page P-20
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Quotation No. 912-5334
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR 0UOTADQN
Firm: Ardent General 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.
ReferenceName: Lance-Kashian Co Contact: Daniel Kuniyoshi
Address: 265 E River Park Place Circle, Suite #150
City: Fresno State: CA Zip: -=9;...;:3:;...;7;...;:2:;...:0:;.._ __ _
PhoneNo.: ( 559 ) 438-4800 Date: ....:;0....:;5...:../....:;0_2..:..../_1...:.3 ______ _
Service Provided: Tenant Improvement for 20,000 sg: feet
Reference Name: KW Automotive North AmericaContact: Freddie Breine
A~re~ 300 W. Pontiac Way
City: Clovis State: CA Zip: _9_3_6_1_2 ___ _
Phone No.: ( 55 9 ) 8 7 5-02 22 Date: ....:0_2...:./.....:0_1...:../_1_5 ______ _
ServiceProvided:Renovation of 70,000 sg feet including tenant improvement
Reference Name: Associated Design & Engineering Contact: "'"Mwi...~:kloJiie~J.LJl..,.mu.:d .... t....__ _____ _
Address: 351 West Cromwell Suite 108
City: Fresno State: CA Zip: ...:9;;...;3:;...;7;...;:1:;...:1::;..._ __ _
Phone No.: ( 55 9 ) 4 31-2 3 8 9 Date: _C:;_o:....;n..:..t;:..l.;:... n...:.u:....;1._· n;:.;;...<.g ______ _
Service Provided: Construction Services
Reference Name: I.awsan Mechanical Contact: .... J"e-..f..._f...._..,.S&.Ib..,.o~r .... t..._ ____ _
Address: 4626 E. Weathermaker Ave
City: Fresno State: CA Zip: 93703
PhoneNo.: ( 559 ) 291-6600 Date: Summer 2014:-=;-:::....:...:'-=----
Service Provided: Mise Framing, Concrete, and Drywall
Rekrence Name: Xb{: T. f. -b'resno Contact: Jenn1.rer Bras1.er (Chitb
Address: 4 7 41 W. Shaw Ave.
City: Fresno State: CA Zip: =-9.:.3..:...7::..2.:..0 __ _
Phone No.: ( ..§..lJ_ ) 313-7 3 9 6 Date: --=0-=3..:...1-=0-=1..:...1..:1..::.4 ______ _
Service Provided: Commercial Tenant Improvement for new 9, 000 sq feet T. I.
F ebrusry 2015 County of Fresno Page P-8
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Quotation No. 912-5334
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:
I COVER PAGE OF RFQ # 912-5334 VOLUME I
J DISCLOSURE-CRIMINAL HISTORY & CIVIL ACTIONS CERTIFICATION
J REFERENCE LIST
j 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 General Requirements 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. Bid Bond
/Provide contract license information.
State business name and if business is a:
i;, 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
J Signature of Bidder-Bid Must Be Signed!
Corporation -by an officer
Partnership -by a partner
Joint Venture -by a member
Individual -by the Owner
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.
February 2015 Gounty of Fresno PageP-9
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