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AGREEMENT
This AGREEMENT is made and entered into this ___ day of _____ , 2018, by and
between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter
referred to as "COUNTY", and Haus Construction, Inc., a California Corporation, whose address is
1479 W. Barstow Ave, Fresno, CA 9371 1, hereinafter referred to as "CONTRACTOR".
WHEREAS, the COUNTY has a need for Job Order Contracting services; and
WHEREAS, the CONTRAC TOR is qualified and willing to perform said service s.
NOW, THEREFORE, the parties agree as follows:
WI T 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 the Construction Task Catalog developed for the COUNTY by the
Gordian Group. The work under this Agreement shall be carried out pursuant to individual Job (or
Task) Orders and shall involve the repair, alteration, modernization, maintenance, rehabili tation,
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 accordance with COUNTY'S Request for Quotation No. 18-022 and all addendums thereto
(collectively, the "RFQ") and CONTRACTOR's Response to the RFQ ("Response") both of which are
attached hereto as Exhibits "A" and "B" respectively, and made a part of this Agreement. All
capitalized terms used in this Agreement shall have the meanings attached to them as set forth in
COUNTY's RFQ.
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.
5th June
Agreement No. 18-298
1 B. In accordance with the provisions of Section 1770 of the Labor Code, the Director 2 of the Department of Industrial Relations of the State of California has determined the general 3 prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel 4 time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training 5 programs authorized by Section 3093, and similar purposes applicable to the work to be done. 6 Said wages are on file with the Clerk of the Board of Supervisors, Room 301, Hall of Records, 7 Fresno, California, and are incorporated herein by reference. 8 The work to be performed on each Job Order undertaken by CONTRACTOR pursuant to 9 this Agreement is subject to labor compliance monitoring and enforcement by the California 10 Department of Industrial Relations. It shall be mandatory upon CONTRACTOR herein and upon 11 any subcontractor to pay not less than the said specified rates to all laborers, workmen and 12 mechanics employed by them in the execution of each Job Order under this Agreement. 13 CONTRACTOR shall comply with Labor Code Section 1775. In accordance with said 14 Section 1775, CONTRACTOR shall forfeit as a penalty to the COUNTY $200.00 for each calendar 15 day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work 16 or craft in which such workman is employed for any work done under this Agreement by 17 CONTRACTOR or by any subcontractor under CONTRACTOR in violation of the provisions of the 18 Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said 19 penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage 20 rates and the amount paid to each workman for each calendar day or portion thereof for which each 21 workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by 22 CONTRACTOR. 23 CONTRACTOR and each subcontractor shall keep or cause to be kept an accurate record 24 showing the names and occupations of all laborers, workmen and mechanics employed by him in 25 connection with the execution of this Agreement or any subcontract thereunder, and showing also 26 the actual per diem wage paid to each of such workers, which records shall be open at all 27 reasonable hours to inspection by the COUNTY, its officers and agents and to the representatives 28 of the Division of Labor Law Enforcement of the State Department of Industrial Relations. 2
1 CONTRACTOR and any subcontractor under CONTRACTOR shall also comply with the 2 provisions of Section 1777 .5 and Section 1777.6 of the Labor Code concerning the employment of 3 apprentices. 4 C. It is further understood and agreed that, in accordance with the provisions of 5 Sections 181 Oto 1815 of the Labor Code of the State of California, eight (8) hours labor shall 6 constitute a day's work, but because this is a contract for public work, work performed by 7 employees of CONTRACTOR and each Sub-Contractor in excess of eight (8) hours per day, and 8 forty (40) hours in any one week, shall be permitted upon compensation for all hours worked in 9 excess of eight (8) hours per day at not less than one and one-half (1 1/2) times the basic rate of 10 pay. 11 CONTRACTOR and each subcontractor shall keep an accurate record showing the names 12 and actual hours worked of all workers employed by him in connection with the work contemplated 13 by this Agreement, which record shall be open at all reasonable hours to the inspection of the 14 COUNTY or its officers or agents and to the Chief of the Division of Labor Statistics and Law 15 Enforcement of the Department of Industrial Relations, his deputies or agents. It is hereby further 16 agreed that said CONTRACTOR shall forfeit as a penalty to the COUNTY the sum of twenty-five 17 dollars ($25) for each laborer, workman employed by CONTRACTOR or any subcontractor under 18 CONTRACTOR, for each calendar day during which such laborer or workman is required or 19 permitted to labor more than eight (8) hours in violation of this stipulation. 20 The Board of Supervisors hereby specifies that portions of the work can only be performed 21 outside the regular working hours as defined in the applicable collective bargaining agreement filed 22 with the Director of Industrial Relations in accordance with Labor Code Section 1773, and that the 23 overtime requirements for Saturdays, and holidays are hereby waived for these portions of the 24 work, as more particularly described in the specifications. However, this exemption shall not negate 25 the overtime provisions specified in Labor Code Section 1815. 26 D. All agreements between the CONTRACTOR, Sub-Contractors, and Sub-Contractors 27 of lower tier shall be subject to COUNTY's approval. In no case does such approval relieve the 28 CONTRACTOR of any conditions imposed by this Agreement or any other Contract Documents. 3
1 Sub-Contractors may be added, deleted or substituted only in accordance with the provisions of 2 Public Contract Code Section 4100 et seq. 3 CONTRACTOR shall bind every Sub-Contractor by the terms of the Contract Documents to 4 carry out their provisions insofar as applicable to their work; and the CONTRACTOR further agrees 5 to pay to each Sub-Contractor promptly upon issuance of Certificate of Payment, his/her or their 6 due portion. 7 Neither the acceptance of the name of Sub-Contractor nor the suggestion of such name nor 8 any other act of the COUNTY nor anything contained in any Contract Document shall be construed 9 as creating any contractual relation between the COUNTY and any Sub-Contractor of any tier. 10 The COUNTY reserves the right to reject any proposed Sub-Contractor, installer, or 11 supplier who cannot show satisfactory evidence of meeting the qualifications required by the 12 Contract Documents. In the event of such rejection, CONTRACTOR shall, within the time frame 13 listed for submittal of revised Proposals, submit the name and qualifications of a replacement Sub-14 Contractor, installer or supplier satisfactory to the COUNTY. Such replacement submittal shall be 15 in accordance with all Contract Documents. No adjustment of Proposal price shall be made in the 16 event of such replacement. 17 This Agreement is subject to nondiscrimination requirements, including but not limited to 18 compliance by CONTRACTOR and its subcontractors with the provisions of Government Code 19 section 12940. 20 When an individual Job Order utilizes Federal Funds and the COUNTY elects to require 21 Disadvantaged Business Enterprise (DBE) participation, CONTRACTOR shall follow the applicable 22 Federal Good Faith Effort requirements for inclusion of DBE Sub-Contractors and suppliers. 23 II. OBLIGATIONS OF THE COUNTY 24 A. The COUNTY will identify projects and their intended results and will work with 25 CONTRACTOR to develop scope and specifications. 26 B. The COUNTY will issue a Notice to Proceed for each Job Order and issue any 27 required change orders. 28 C. The COUNTY will provide inspection and acceptance of the work. 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 111. TERM The term of this Agreement shall be for one year from June 5, 2018 through June 4, 2019, 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. 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 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 CONTRACTOR, nor 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 CONTRACTOR the repayment to the COUNTY of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of the COUNTY were not expended in accordance with the terms of this Agreement. 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 5
1 for each Job Order in accordance with CONTRACTOR's Adjustment Factors stated on the Bid 2 Schedule set forth in CONTRACTOR'S Response, which are as follows: 3 4 5 6 7 8 9 10 11 12 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 Award Criteria Figure 0.8550 0.8750 0.8550 0.8750 0.8601 13 The Minimum Contract Value is $25,000 (twenty-five thousand dollars). CONTRACTOR will receive 14 Job Orders totaling a minimum of $25,000 during the term of this Agreement. The Maximum Contract 15 Value is $2,000,000 (two million dollars). The Maximum Contract Value may be increased by up to the 16 sum authorized by Public Contract Code Section 20128.5 (currently approximately $4,500,000). Any 17 increase in the Maximum Contract Value will be by mutual agreement. 18 At no time may the sum of the outstanding Job Orders exceed the amount of the Payment 19 Bond and Performance Bond. A Job Order is outstanding until the COUNTY has accepted the work 20 described in the Job Order by execution of a Notice of Completion. CONTRACTOR will not be issued 21 Job Orders which in total exceed the Maximum Contract Value. The COUNTY does not guarantee that 22 CONTRACTOR will receive Job Orders totaling the Maximum Contract Value. 23 CONTRACTOR shall submit monthly invoices per Job Order in triplicate to the County of 24 Fresno Internal Services Department, Facility Services Division, 4590 E. Kings Canyon, Fresno, CA 25 93702. COUNTY will pay CONTRACTOR within forty-five (45) days of receipt of an approved invoice. 26 In no event shall all services performed under this Agreement be in excess of the Maximum 27 Contract Value during the term of this Agreement. It is understood that all expenses incidental to 28 CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. 6
1 VI. LIQUIDATED DAMAGES: 2 It is understood and agreed by both parties to this Agreement that in case all the work specified 3 or indicated in the Contract Documents is not completed within the specified time frames set forth in 4 the Job Order, or within such time limits as extended, damages will be sustained by the COUNTY in 5 the event of and by reason of such delay. It is, and will be, impractical and extremely difficult to 6 determine the actual damage which the COUNTY will sustain by reason of the delay. It is therefore 7 agreed that CONTRACTOR will pay, at a minimum, to the COUNTY, the sum of money stipulated per 8 day in the Job Order for each day's delay in completing the work beyond the time prescribed. 9 Application of Liquidated Damages and the value of liquidated damages will be determined by 10 the County on a Job Order by Job Order basis. Each Job Order will state whether Liquidated Damages 11 will be applied. 12 COUNTY may withhold Liquidated Damages from payments to CONTRACTOR as such 13 damages accrue, or, at COUNTY's discretion, withhold Liquidated Damages from any payments due 14 or that become due pursuant to the Contract, including Retention and final payment (pursuant to 15 California Government Code §53069.85). A credit Job Order shall be executed to assess liquidated 16 damages. 17 VII. INDEPENDENT CONTRACTOR: 18 In performance of the work, duties and obligations assumed by CONTRACTOR under this 19 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the 20 CONTRACTOR'S officers, agents, employees and subcontractors will at all times be acting and 21 performing as an independent contractor, and shall act in an independent capacity and not as an 22 officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, 23 COUNTY shall have no right to control or supervise or direct the manner or method by which 24 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to 25 administer this Agreement so as to verify that CONTRACTOR is performing its obligations in 26 accordance with the terms and conditions thereof. 27 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules 28 and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. 7
1 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no 2 right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be 3 solely liable and responsible for providing to, or on behalf of, its employees all legally-required 4 employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY 5 harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance 6 with Social Security withholding and all other regulations governing such matters. It is acknowledged 7 that during the term of this Agreement, CONTRACTOR may be providing services to others unrelated 8 to the COUNTY or to this Agreement. 9 VIII. MODIFICATION: 10 Any matters of this Agreement may be modified from time to time by the written consent of all 11 the parties without, in any way, affecting the remainder. 12 IX. DISCREPANCIES: 13 Should CONTRACTOR, at any time, discover a mistake in any of the Contract Documents 14 or any discrepancy therein or lack of appropriate information, the CONTRACTOR shall not proceed 15 with the work affected thereby until such correction has been made. 16 In resolving conflicts resulting from errors or discrepancies in any of the Contract 17 Documents, the order of precedence shall be as follows: 18 1) Permits from other agencies as may be required by law. 19 2) Permits issued by the COUNTY. 20 3) Changes to Job Orders 21 4) Job Orders 22 5) Agreement 23 6) CONTRACTOR's Bid 24 7) Addenda 25 8) General Conditions 26 9) Technical Specifications 27 10) Construction Task Catalog 28 11) Reference Specifications 8
1 2 3 12) Instruction to Bidders 13) Notice Inviting Bids X. NON-ASSIGNMENT: 4 Neither COUNTY nor CONTRACTOR shall assign, transfer or sub-contract this Agreement, 5 nor any of its respective rights or duties hereunder, without the prior written consent of the other party. 6 XI. HOLD HARMLESS: 7 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend 8 the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, 9 liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or 10 failure to perform, by CONTRACTOR, its officers, agents, employees or subcontractors under this 11 Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses 12 occurring or resulting to any person, firm, or corporation who may be injured or damaged by the 13 performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under this 14 Agreement. 15 XII. INSURANCE 16 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third 17 parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following 18 insurance policies or a program of self-insurance, throughout the term of this Agreement: 19 A. Commercial General Liability 20 Commercial General Liability Insurance with limits of not less than One Million Dollars 21 ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy 22 shall be issued on a per occurrence basis. COUNTY may require specific coverages including 23 completed operations, products liability, and contractual liability, Explosion-Collapse-Underground, fire 24 legal liability or any other liability insurance deemed necessary because of the nature of this contract. 25 B. Automobile Liability 26 Comprehensive Automobile Liability Insurance with limits for bodily injury of not less 27 than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars 28 ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars 9
1 ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars 2 ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this 3 Agreement. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. E. 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 faithful Performance Bond, each in the amount of 100 percent of the Maximum Contact Amount, shall be furnished and 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 9554; said bonds shall be submitted in triplicate. 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 10
1 naming the County of Fresno, its officers, agents, and employees, individually and collectively, as 2 additional insured, but only insofar as the operations under this Agreement are concerned. Such 3 coverage for additional insured shall apply as primary insurance and any other insurance, or 4 self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and 5 not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall 6 not be cancelled or changed without a minimum of thirty (30) days advance written notice given to 7 COUNTY. 8 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement, 9 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the 1 O foregoing policies, as required herein, to the County of Fresno, Internal Services Department, Facilities 11 Services Manager, 4590 E. Kings Canyon, Fresno, CA 93702, stating that such insurance coverages 12 have been obtained and are in full force; that the County of Fresno, its officers, agents and employees 13 will not be responsible for any premiums on the policies; that such Commercial General Liability 14 insurance names the County of Fresno, its officers, agents and employees, individually and 15 collectively, as additional insured, but only insofar as the operations under this Agreement are 16 concerned; that such coverage for additional insured shall apply as primary insurance and any other 17 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be 18 excess only and not contributing with insurance provided under CONTRACTOR's policies herein; and 19 that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, 20 written notice given to COUNTY. 21 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein 22 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this 23 Agreement upon the occurrence of such event. 24 All policies shall be with admitted insurers licensed to do business in the State of California. 25 Insurance purchased shall be purchased from companies possessing a current AM. Best, Inc. rating 26 of A FSC VII or better. 27 XIII. AUDITS AND INSPECTIONS: 28 The CONTRACTOR shall at any time during business hours, and as often as the COUNTY 11
1 may deem necessary, make available to the COUNTY for examination all of its records and data with 2 respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the 3 COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure 4 CONTRACTOR'S compliance with the terms of 1his Agreement. 5 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject 6 to the examination and audit of the Auditor General for a period of three (3) years after final payment 7 under contract (Government Code Section 8546.7). 8 9 XIV. NOTICES: 1 O The persons and their addresses having authority to give and receive notices under this 11 Agreement include the following: 12 13 14 15 COUNTY COUNTY OF FRESNO Internal Services Director 333 W. Pontiac Way Clovis, CA 93612 CONTRACTOR Haus Construction, Inc. Attn: Marc Kerkochian 1479W. Barstow Ave Fresno, CA 93711 16 All notices between the COUNTY and CONTRACTOR provided for or permitted under this 17 Agreement must be in writing and delivered either by personal service, by first-class United States 18 mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice 19 delivered by personal service is effective upon service to the recipient. A notice delivered by first-class 20 United States mail is effective three COUNTY business days after deposit in the United States mail, 21 postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier 22 service is effective one COUNTY business day after deposit with the overnight commercial courier 23 service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the 24 recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is 25 completed (but, if such transmission is completed outside of COUNTY business hours, then such 26 delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided 27 that the sender maintains a machine record of the completed transmission. For all claims arising out of 28 or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government 12
1 Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 2 XV. GOVERNING LAW: 3 Venue for any action arising out of or related to, this Agreement shall only be in Fresno County, 4 California. 5 The rights and obligations of the parties and all interpretation and performance of this 6 Agreement shall be governed in all respects by the laws of the State of California. 7 XVI. DISCLOSURE OF SELF-DEALING TRANSACTIONS: 8 This provision is only applicable if CONTRACTOR is operating as a corporation (a for-profit or 9 non-profit corporation) or if during the term of this Agreement, CONTRACTOR changes its status to 1 O operate as a corporation. 11 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing transactions 12 that they are a party to while CONTRACTOR is providing goods or performing services under this 13 Agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR is a party and 14 in which one or more of its directors has a material financial interest. Members of the Board of 15 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing 16 a Self-Dealing Transaction Disclosure Form (Exhibit C) and submitting it to the COUNTY prior to 17 commencing with the self-dealing transaction or immediately thereafter. 18 XVII. ENTIRE CONTRACT: 19 This Agreement constitutes the entire contract between CONTRACTOR and COUNTY with 20 respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals, 21 commitments, writings, advertisements, publications, and understandings of any nature whatsoever 22 unless expressly included in this Agreement. 23 24 25 26 27 28 13
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IN WITNESS WHEREOF, the parties hereto have executed this Agree ent as
of the day and year first hereinabove written.
l Haus Construction, Inc.
1479 W. Barstow Ave
Fresno, CA 93711
FOR ACCOUNTING USE ONLY:
ISD -Facility Services
ORG No.: 8935
Account No.: 7295
Fund: 1045
Subclass: 10000
14
COUNTY OF FRESNO
rs,""'--,~•• e Board of Supervi ors
of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
-county of Fresno, State of California
, )
By: <:;!\De:, ~
Deputy
G:\PUBLIC\RFQ\FY 2017-18\18-022 JOB ORDER CONTRACT\18-022 JOB ORDER CONTRACT - VOL 01
2018 - GV2 FINAL (003).DOC
11 PD-010 (10/13)
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 18-022
JOB ORDER CONTRACT
VOLUME ONE (1)
Issue Date: January 29, 2018
Closing Date: MARCH 9, 2018 AT 2:00 P.M.
All Questions and Quotations must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Darren Howard at Phone (559) 600-7110.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices and terms stated in this RFQ.
Bid must be signed and dated by an authorized officer or employee.
Except as noted on individual items, the following will apply to all items in the Quotation Schedule:
•A cash discount of % days will apply. County does not accept terms less than 15 days.
COMPANY
ADDRESS
CITY STATE ZIP CODE
( ) ( )
TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS
SIGNATURE
PRINT NAME TITLE
Purchasing Use:dh ORG/Requisition: 8935 / 1321801095
G:\Public\Document Templates in PDF\RFQ Template 01032018.doc
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-1
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 is instructed to return Volume One with all information, signatures, bid guarantee etc.
Volume Two, although applicable to the vendor’s bid, should not be submitted.
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-2
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.
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-3
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.
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-4
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)
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-5
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.
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-6
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/oprl/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.
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-7
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.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, for certain
specified projects, as identified by the County in the Request for Proposal submitted by the
County for that particular Job Order, the Contractor and each subcontractor employed
thereon shall use their best efforts to ensure that thirty-three percent (33%) of apprentice
hours, as determined by California Labor Code Section 1777.5 for each contractor and
subcontractor of any tier on this Project, are performed by qualified participants in state
approved apprenticeship programs who also are current or former “Welfare-to-Work”
participants in the CalWORKs program.
Provided, that this Paragraph D shall not apply to any projects that are federally funded in
whole or in part, or to any projects that fall within the definition of “maintenance work” as that
term is defined in California Public Contract Code § 22002(d); and each project to which this
Paragraph D is applicable shall be identified by the County in the Request for Proposal
submitted by the County for that particular Job Order. Provided further, that nothing
contained in this Paragraph D shall be interpreted to relieve or in any way diminish the
obligation of the Contractor and each subcontractor to comply fully with all applicable
apprenticeship laws in accordance with the California Labor Code and the California Code of
Regulations; and accordingly such requirements as are contractually imposed by this
Paragraph D shall be in addition to such legally mandated requirements, and applicable only
to the extent fully consistent therewith.
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-8
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION.
Firm:
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided
similar products/services. If you have held a contract for similar services with the
County of Fresno within the past seven (7) years, list the County as one of your
customers. 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:
Failure to provide a list of at least five (5) customers may be cause for rejection
of this RFQ.
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-9
DIR ACKNOWLEDGEMENT
I acknowledge in accordance with labor Code Sections 1725.5 and 1770-1777.7, that I have registered
with the Department of Industrial Relations (DIR) and all Certified Payroll Records will be uploaded to the
DIR Website. Any additional requirements that materialize from the SB854 legislation will be complied
with. Attached is verification of the DIR registration.
(Authorized Signature in Blue Ink)
Title
DIR Number
CONTRACTOR'S LICENSE:
Bidder to possess appropriate license for the project in accordance with current regulations/statutes.
The bidder shall possess a current State of California contractor’s License, Class B or another license
class that covers the work to be performed. The proposal must indicate the license held by the bidder,
which enables him/her to perform the work.
Number and Class:
Date of Issue:
Bidder must also submit verification of Contractor’s License from the Department of Consumer Affairs –
Contractors’ State License Board. Failure to submit verification may result in bidder’s response being
considered non-responsive.
If the license is other than a Class B, the bidder must explain why his/her license(s) is acceptable. The
County will review and determine if acceptable.
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-10
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 # 18-022 VOLUME I
DISCLOSURE – CRIMINAL HISTORY & CIVIL ACTIONS CERTIFICATION
REFERENCE LIST
DIR REGISTRATION ACKNOWLEDGEMENT
BID SHEET
Bidder name on each sheet. Number for each Adjustment Factor. Make no additions such as “plus tax”, “plus
freight”, or conditions such as “less 2% if paid by 15th”. Use black ink or typewriter. Acknowledge addenda.
SUBCONTRACTOR LIST
Bidders are not required to submit a list of subcontractors with their bids as the Job Order Contract is an
indefinite quantity contract and therefore the work is not defined prior to award. However, if the Contract is
awarded, the successful bidder will be required to submit a list of all subcontractors with all Proposals for
individual Job Orders.
SIGNATURE PAGE - READ THE NOTICES AND NOTES
Indicate type of bid security provided.
Provide contract license information.
State business name and if business is a:
Corporation - list officers
Partnership - list partners
Joint Venture - list members; if members are corporations or partnerships, list their officers or partners.
Individual - list Owner’s name and firm name style
Signature of Bidder - Bid Must Be Signed!
Corporation - by an officer
Partnership - by a partner
Joint Venture - by a member
Individual - by the Owner
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-11
If signature is by a Branch Manager, Estimator, Agent, etc., the bid must be accompanied by a power
of attorney authorizing the individual to sign bids, otherwise the bid may be rejected.
Business Address - Firm’s Street Address
Mailing Address - P.O. Box or Street Address
BID SECURITY (BID GUARANTEE)
Twenty Five Thousand Dollars ($25,000.00). Submit with your bid.
Type of Bid Security:
Cashier’s or Certified Checks - Will be held until the bid is no longer under consideration. If submitted
by a potential awardee, they will be returned when the contract bonds are submitted and approved.
Bid Bonds - Must be signed by the bidder and by the attorney-in-fact for the bonding company.
Signature of attorney-in-fact should be notarized and the bond should be accompanied by bonding
company’s affidavit authorizing attorney-in-fact to execute bonds. An unsigned bid bond will be cause
for rejection.
NON COLLUSION AFFIDAVIT
Must be completed, signed, and returned with bid.
GUARANTY OF WORK
Optional for bidder to complete and return with bid.
OTHER
Bidders must electronically submit bid package in pdf format, no later than the quotation closing date and time as stated on the front of this document, to the Bid Page on Public Purchase. The County will not be responsible for and will not accept late bids due to slow internet connection or incomplete transmissions.
Bids received after the closing time will NOT be considered.
Exhibit A
BID SHEET
Quotation No. 18-022 BIDDING DOCUMENTS
January 2018 County of Fresno Page P-12
BIDDER:
SOLICITATION NO.: 18-022
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
Exhibit A
BID SHEET
Quotation No. 18-022 BIDDING DOCUMENTS
January 2018 County of Fresno Page P-13
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:
A x B = C
Adjustment Factor from
Above
Adjustment Factor
Multiplier for
Evaluation
Percentage of Adjustment
Factor to be used in
Evaluation
(carry to 4 decimal places)
1. x .65 =
Line 1
2. x .20 =
Line 2
3. x .10 =
Line 3
4. x .05 =
Line 4
5. Award Criteria Figure:
Notes to Bidder:
Exhibit A
BID SHEET
Quotation No. 18-022 BIDDING DOCUMENTS
February 2018 County of Fresno Page P-14
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.
Exhibit A
SIGNATURE PAGE
Quotation No. 18-022 BIDDING DOCUMENTS
January 2018 County of Fresno Page P-15
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 (10) 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.: 18-022
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
Exhibit A
Quotation No. 18-022 BIDDING DOCUMENTS
January 2018 County of Fresno Page P-16
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.: ( )
Exhibit A
Quotation No. 18-022 BIDDING DOCUMENTS
January 2018 County of Fresno Page P-17
PROJECT: Job Order Contract
SOLICITATION NO.: 18-022
Purchasing Department, County of Fresno:
N ONCOLLUSION 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)
of
(Bidding Entity)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid
is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid
are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
(Signature) (Dated)
(Title 23 United States Code Section 112)
(Calif Public Contract Code Section 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.
Exhibit A
Quotation No. 18-022 BIDDING DOCUMENTS
January 2018 County of Fresno Page P-18
PROJECT: Job Order Contract
SOLICITATION NO.: 18-022
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 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note
that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period or such other period specified by the
Director, Office of Federal Contract Compliance, U. S. Department of Labor.
• *Circle one of the options provided.
Exhibit A
Quotation No. 18-022 BIDDING DOCUMENTS
January 2018 County of Fresno Page P-19
PROJECT: Job Order Contract
SOLICITATION NO.: 18-022
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)
Exhibit A
Quotation No. 18-022 BIDDING DOCUMENTS
January 2018 County of Fresno Page P-20
PROJECT: Job Order Contract
SOLICITATION NO.: 18-022
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)
Exhibit A
Quotation No. 18-022
January 2018 County of Fresno Page P-21
PROJECT: Job Order Contract
SOLICITATION NO.: 18-022
(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.)
G U A R A N T Y
To the Owner: County of Fresno
The undersigned guarantees the construction and installation of the following work included in
this project:
ALL WORK
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
Exhibit A
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 1188--002222
JOB ORDER CONTRACT
VOLUME TWO (2)
January 29, 2018
ORG/Requisition: 8935/ 1321801095 PURCHASING USE
IMPORTANT: All Questions and Quotations must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Darren Howard at Phone (559) 600-7110.
CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON MARCH 9, 2018
All quotation information will be available for review after contract award.
Clarifications of specifications are to be directed to: Darren Howard, e-mail mailto:dhoward@co.fresno.ca.us,
phone (559) 600-7119.
DO NOT RETURN THIS VOLUME
WITH VOLUME ONE (1)
Exhibit A
Quotation No. 18-022 NOTICE TO CONTRACTORS
January 2018 County of Fresno Page 2 of 58
NOTICE TO CONTRACTORS
All Quotations must be electronically submitted on the Bid Page on Public
Purchase by:
March 9, 2018
Promptly following the closing of the bidding all timely submitted bids will be publicly opened and read at the Division in said building, for construction in
accordance with the specifications therefore, to which special reference is made as follows:
DESCRIPTION OF WORK: This Notice to Contractors is for a Job Order Contract, a competitively bid, firm, fixed priced, indefinite quantity contract. The
scope of work includes a collection of detailed repair and construction tasks and specifications that have pre-established Unit Prices listed in a
Construction Task Catalog® (CTC) that was developed for the County of Fresno, and are for the direct cost of construction. The CTC is based on
current prices in Fresno for experienced prevailing wage labor, high quality materials and equipment. The CTC pricing also incorporates local activity,
climate and geographic factors. All work under this Contract will be performed for the County of Fresno at different locations throughout the County.
The work will involve the repair, alteration, modernization, maintenance, rehabilitation, reconstruction, or construction of public buildings, streets,
utilities, and other public works. Under this Contract, the Contractor furnishes all management, documentation and incidental drawings (as required),
labor, materials and equipment needed to perform the work.
The County intends to award up to four contracts to the Lowest Responsive and Responsible Bidder(s). One bid (Volume One) per contractor shall be
submitted.
PROCEDURE FOR ORDERING WORK: If awarded, each Job Order Contract guarantees the Contractor the opportunity to perform a minimum value of total
work worth $25,000 up to a maximum potential value of total work worth $2,000,000. The term of each Contract is 12 months or the expenditure of the
$2,000,000 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 for specific work arises, the County will issue the Contractor a Job Order specific Request for Proposal.
The Contractor shall then submit a Job Order Proposal for a Detailed Scope of Work to the County. Upon receipt of the Contractor’s Job Order
Proposal, the County will evaluate the Job Order Proposal against the Contract and the County’s estimate of costs for the Detailed Scope of Work. If
the Contractor's Job Order Proposal is deemed acceptable, the Project Manager may issue a Job Order at the agreed upon Job Order P rice. The Job
Order Price is calculated by selecting applicable pre-priced construction tasks from the CTC Construction Task Catalog® and multiplying the Unit
Prices for those tasks by the appropriate quantities and Adjustment Factors. The sum of all selected pre-priced tasks will establish a lump sum firm
fixed price for the Job Order. The Job Order Contract also includes a provision for work tasks not included in the Construction Task Catalog® at the
time of the Contract award. These tasks are referred to as "Non Pre-priced Tasks". Non Pre-priced (NPP) Tasks may require the establishment of
specifications and drawings and may subsequently be incorporated into the Construction Task Catalog®.
The County selected The Gordian Group’s (Gordian) Job Order Contracting (JOC) Solution (Gordian JOC SolutionTM) 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 License and Fee Agreement, and pay a 1% JOC System License Fee to obtain access to the Gordian JOC Solution.
Inquiries regarding this contract should be directed to Darren Howard of the Purchasing Division. Inquiries are to be submitted in writing to
dhoward@co.fresno.ca.us, or to the Public Purchase website. Oral explanations or interpretations of Bid Documents are not binding. Any explanation,
interpretation or clarification of Bid Documents will be in the form of a written addendum to the Bid Documents issued to the holders of record of such
documents.
Bids shall be submitted on the Bid Page on the Public Purchase website. The determination for award shall be based upon the four (4) lowest
responsive, responsible bidders.
PRE-BID CONFERENCE: Prospective bidders must attend the mandatory pre-bid conference. Bidder’s failure to attend the pre-bid
conference will result in their submitted bid being deemed non-responsive. Due to the relative complexity of this type of procurement, a
detailed orientation on the Job Order Contracting System will 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 February 13, 2018 at 10:00 a.m. The conference will be held in the Elections
Exhibit A
Quotation No. 18-022 NOTICE TO CONTRACTORS
January 2018 County of Fresno Page 3 of 58
Training Room at 4525 E. Hamilton Avenue, Fresno, CA, 93702.
Bidding Documents applying to this contract may be obtained online at the Public Purchase website. There is no charge for the Documents. The Bid
Documents will consist of two volumes and a compact disk. The first volume contains the actual bid forms that must be completed and returned.
Volume Two will consist of the Notice to Contractors, Instructions to Bidders, General Conditions, Hostage Policy, and sample agreement. The compact
disk contains the Construction Task Catalog® 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 9, as amended, or whose bid is not on the Bid Form included in the solicitation. A valid
California Contractor's License, Class “B”, is required for this project.
The State of California’s Department of Industrial Relations, under law SB 584, requires contractors to register before bidding on state and local public
works projects.
Some of the Work to be done under this Job Order Contract may be done utilizing federal funds. If federal funds are to be used the following terms will
be enforced: “The County of Fresno hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.”
Some of the Work to be done under this Job Order Contract may be done utilizing Community Development Block Grant (CDBG) 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 for work in connection with the project be awarded to eligible business concerns which are located
in, or owned in substantial part by persons residing in the area of the project. Regulations for implementing the Section 3 clause are contained in 24
CFR 135, as amended and as specified in the project specifications.”
The County has, when it determines the necessity, established the following goal for Disadvantaged Business Enterprise (DBE) participation for projects
using federal funds:
Disadvantaged Business Enterprise (DBE): 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.
For Federally funded projects, the minimum wage rates, as predetermined by the Federal Secretary of Labor, are available at request. If there is a
difference between the minimum wage rates predetermined by the Federal Secretary of Labor and the Prevailing Wage Rates predetermined by the
Director of the Department of Industrial Relations of the State of California for similar classifications of labor, the contractor and his subcontractors
shall pay not less than the higher wage rate.
The County hereby specifies that portions of the work may only be performed outside the regular working hours as defined in the applicable collective
bargaining agreement filed with the Director of Industrial Relations in accordance with Labor Code Section 1773.1, and that the overtime requirements
for Saturdays, and holidays are hereby waived for these portions of the work, as more particularly described in the Bid Documents. However, this
exemption shall not negate the overtime provisions specified in Labor Code Section 1815.
BID PRICE SUBMITTAL: Each bidder must submit four price Adjustment Factors, which shall apply to all the work tasks listed in the CTC. The first
Exhibit A
Quotation No. 18-022 NOTICE TO CONTRACTORS
January 2018 County of Fresno Page 4 of 58
Adjustment Factor will be applied to that work during Normal Working Hours for non-federally funded projects. The second Adjustment Factor will be
applied to that work during Other than Normal Working Hours for non-federally funded projects. The third Adjustment Factor will be applied to that
work during Normal Working Hours for federally funded projects. The fourth Adjustment Factor will be applied to that work during Other than Normal
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., 1.2000) 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 Other Than Normal Working Hours Adjustment
Factors shall be greater than or equal to the corresponding Normal Working Hours Adjustment Factors.
The bids will be evaluated by adding 65% of the first Adjustment Factor to 20% of the second Adjustment Factor added to 10% of the third Adjustment
Factor added to 5% of the fourth Adjustment Factor. The amount of work to be done during Other than Normal Working Hours may vary considerably.
SUBCONTRACT LIMITATIONS: In accordance with California Public Contract Code section 4104, the Contractor shall list in each Job Order Proposal, on
forms provided by the Owner, the name, business location, and value of work of each subcontractor who will perform work or labor or render service,
or any subcontractor licensed by the State of California who, under subcontract to the contractor, specially fabricates and installs a portion of the
work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one half of 1 percent of the
proposed price for each Job Order.
BIDDER’S GUARANTEE: The bidders shall guarantee the bids for a period of 180 calendar days from the date of the bid opening. The Owner reserves the
right to waive minor irregularities and to reject any and all bids.
The successful bidder shall furnish a faithful performance bond in the amount of 100 percent of the Maximum Contract Value and a payment bond in the
amount of 100 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.
Exhibit A
Quotation No. 18-022 INSTRUCTIONS TO BIDDERS
January 2018 County of Fresno Page 5 of 58
TABLE OF CONTENTS
SECTION PAGE
1.01 EXPLANATION TO BIDDERS……………………………………………………………………………………………………………………………………………………………….……..5
1.02 EXAMINATION OF BID DOCUMENTS, SPECIAL PROVISIONS AND SITE OF WORK……………………………………………………………………………….…….5
1.03 BID GUARANTEE………………………………………………………………………………………………………………………………………………………………………………….……5
1.04 PREPARATION OF BIDS…………………………………………………………………………………………………………………………………………………………………………...5
1.05 SUBCONTRACTORS……………………………………………………………………………………………………………………………………………………………………….…………5
1.06 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTERATION……………………………………………………………………………………………………………………6
1.07 SUBMISSION OF BID……………………………………………………………………………………………………………………………………………………………………………….6
1.08 IRREGULAR BIDS…………………………………………………………………………………………………………………………………………………………………………………….7
1.09 DISQUALIFICATION OF BIDDERS……………………………………………………………………………………………………………………………………………………………..7
1.10 WITHDRAWAL OR REVISION OF BIDS………………………………………………………………………………………………………………………………………………………7
1.11 PUBLIC OPENING OF BIDS………………………………………………………………………………………………………………………………………………………………………7
1.12 RELIEF OF BIDDER…………………………………………………………………………………………………………………………………………………………………………………..7
1.13 AWARD OF CONTRACT…………………………………………………………………………………………………………………………………………………………………………….7
1.14 APPEALS…………………………………………………………………………………………………………………………………………………………………………………………………8
1.15 CANCELLATION OF AWARD……………………………………………………………………………………………………………………………………………………………………..8
1.16 CONTRACT BONDS………………………………………………………………………………………………………………………………………………………………………………….8
1.17 POST-BID / PRE-AWARD INFORMATION………………………………………………………………………………………………………………………………………………..9
1.18 PARTICIPATION………………………………………………………………………………………………………………………………………………………………………………………9
1.19 PURCHASING LOCATION AND HOURS……………………………………………………………………………………………………………………………………………………9
Exhibit A
Quotation No. 18-022 INSTRUCTIONS TO BIDDERS
January 2018 County of Fresno Page 6 of 58
INSTRUCTIONS TO BIDDERS
1.01 EXPLANATION TO BIDDERS
An explanation desired by bidders regarding the meaning or interpretation of the Bid Documents must be requested in writing by 10:00am, February 14,
2018 and directed to Darren Howard at dhoward@co.fresno.ca.us or on the Public Purchase website in order to allow sufficient time for a reply to
reach them before the submission of their bids.
Oral explanations given before the award of the contract will not be binding. Any interpretation made will be in the form of an addendum to the 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 BID DOCUMENTS, SPECIAL PROVISIONS AND SITE OF WORK
The bidder is required to examine carefully the proposal, Bid Documents, Construction Task Catalog®, Technical Specifications, special provisions and
contract forms for submitting a Bid. It is mutually agreed that the submission of a Bid shall be considered prima facie evidence that the bidder has
made such examination and is satisfied with the conditions to be encountered in performing the work and as to the requirements of the Bid Documents.
1.03 BID GUARANTEE
The bidder shall furnish a proposal guarantee consisting of a bid bond, cash, certified check, or cashier's check for twenty five thousand dollars
($25,000).
In case security is in the form of a certified check or cashier's check, the Owner may make such disposition of same as will accomplish the purpose of
which submitted. Checks deposited by unsuccessful bidders will be returned as soon as practicable after the bid opening.
1.04 PREPARATION OF BIDS
The bidder shall prepare his Bid on the blank Bid form furnished by the County. The bidder shall specify four Adjustment Factors to the Unit Prices in
the Construction Task Catalog® in both words and figures.
All words and figures shall be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by
person signing bid. In case of a discrepancy between the Adjustment Factors written in words and those written in figures, the written words shall
govern.
Alternate or conditional bids will not be accepted.
The bids shall be signed by the individual, by two or more partners of the partnership, or by two or more of the officers of the corporation submitting it.
If the bid is made by an individual, his name and post office address must be shown. If made by a partnership, the name of each member of the
partnership must be shown. If made by a corporation, the bid must show the name of the state under which the corporation was chartered and the
name of the president, vice president, secretary and treasurer.
The required bid guaranty must accompany the bid.
1.05 SUBCONTRACTORS
The Contractor is not to name Subcontractors at time of bid. In accordance with California Public Contract Code section 4104, the Contractor shall list
in each Job Order Proposal, 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 1 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.
Exhibit A
Quotation No. 18-022 INSTRUCTIONS TO BIDDERS
January 2018 County of Fresno Page 7 of 58
1.06 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTERATION REQUIRMENT
SB 854: California law (SB854) now requires public works contractors subject to prevailing wage requirements to register annually with the
Department of Industrial Relations (DIR) and pay an annual fee. The County of Fresno will not accept public works bids from contractors and
subcontractors who have not registered with the DIR and have not met this requirement. Please refer to http://www.dir.ca.gov/Public-
Works/PublicWorksSB854.html for more information.
This requirement, found in Labor Code Sections 1725.5 and 1770-1777.7, now applies to all public works projects.
Contractor must submit verification of DIR registration with their quotation. Failure to submit verification may result in their proposal being
considered non-responsive.
1.07 SUBMISSION OF BID
Each bid shall be submitted on the Public Purchase website..
Bidders must electronically submit bid package in pdf format, no later than the quotation closing date and time as stated on the front of this document,
to the Bid Page on Public Purchase. The County will not be responsible for and will not accept late bids due to slow internet connection or incomplete
transmissions.
Bids received after the closing time will NOT be considered.
Interpretation: Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer
in writing at once. The County shall not be held responsible for verbal interpretations. Questions regarding the bid must be received by Purchasing by
10:00am, February 14, 2018. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract.
ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has been issued by County of Fresno, Purchasing. Purchasing shall be the bidder’s sole point of contact
with regard to the RFQ, its content, and all issues concerning it.
All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this 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 RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, its
content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the bidder having unauthorized
contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the bidder’s bid.
The above stated restriction on bidder contact with County representatives shall apply until the County has awarded a purchase order or contract to a
bidder or bidders, except as follows. First, in the event that a bidder initiates a formal protest against the RFQ, such bidder may contact the
appropriate individual, or individuals who are managing that protest as outlined in the County’s established protest procedures. All such contact must
be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of
Supervisors to hear testimony prior to its approval of a purchase order or contract, any bidder may address the Board.
Bidders are to bid what is specified or requested first. Public Contract Code Section 7028.15
Where the State of California requires a Contractor’s license, it is a misdemeanor for any person to submit a bid unless specifically exempted.
In their proposal, the bidder is required to disclose if any of the following conditions apply to them, their owners, officers, corporate managers and
partners (hereinafter collectively referred to as “Bidder”):
Within the three-year period preceding the proposal, they have been convicted of, or had a civil judgment rendered against them for:
fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction;
violation of a federal or state antitrust statute;
embezzlement, theft, forgery, bribery, falsification, or destruction of records; or
false statements or receipt of stolen property
Exhibit A
Quotation No. 18-022 INSTRUCTIONS TO BIDDERS
January 2018 County of Fresno Page 8 of 58
Within a three-year period preceding their proposal, they have had a public transaction (federal, state, or local) terminated for cause or default.
1.08 IRREGULAR BIDS
Bids shall be considered irregular and may be rejected for the following reasons:
a. If the Bid forms furnished by the Owner are not used or are altered.
b. If there are unauthorized additions, conditional or alternate Bids or irregularities of any kind which tend to make the Bid incomplete
or indefinite.
c. If the bidder adds any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.
d. If the bid fails to contain an Adjustment Factor for each item.
1.09 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. More than one bid for the same work from an individual, partnership or corporation.
b. Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of
the Owner until such participant shall have been reinstated as a qualified bidder.
c. Lack of competency and adequate machinery, plant or other equipment, as may be revealed by Pre-Award Survey.
d. For unsatisfactory performance record as shown by past work for the Owner, judged from the standpoint of workmanship and
progress.
e. Prior commitments or obligations which in the judgment of the Owner might hinder or prevent the prompt completion of the work.
f. Failure to pay, or satisfactorily settle, all bills due for labor or materials on former contracts in force at the time of letting the bid.
g. Failure to comply with any qualification regulation of the Owner.
h. Omission of bid guaranty.
i. Failure to submit verification of DIR registration w ith their quotation
1.10 WITHDRAWAL OR REVISION OF BIDS
A bidder may, without prejudice to himself, withdraw a bid after it has been deposited, provided the request for such withdrawal is received in writing
or by telegram before the time set for opening bids. The bidder may then submit a revised bid provided it is received prior to the time set for opening
bids.
1.11 PUBLIC OPENING OF BIDS
Bids will be opened and read publicly at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be
present.
1.12 RELIEF OF BIDDER
A bidder who claims a mistake in his bid must follow the procedures in Public Contract Code Section 5100 et. seq. in seeking relief of his bid.
1.13 AWARD OF CONTRACT(S)
The County intends to award up to four contracts to the Lowest Responsible Bidder(s). One bid (Volume One) shall be submitted per bidder.
Exhibit A
Quotation No. 18-022 INSTRUCTIONS TO BIDDERS
January 2018 County of Fresno Page 9 of 58
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.
Award Notices are tentative. Acceptance of an offer made in response to this RFQ shall occur only upon execution of an agreement by both parties or
issuance of a valid written Purchase Order by Fresno County Purchasing.
The right is reserved to reject any or all bids, to waive technicalities, to advertise for new bids, or to proceed to do this work otherwise, if in the
judgment of the awarding authorities the best interests of the County will be promoted thereby.
Upon award of bid, the bidder shall submit to County Facilities Business Office a completed IRS Form W-9 - Request for Taxpayer Identification Number
and Certification and a California Form 590 Withholding Exemption Certificate if not currently a County of Fresno approved Contractor.
After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid.
1.14 APPEALS
Appeals must be submitted in writing within seven (7) working days after notification of proposed recommendations for award. A “Notice of Award” is
not an indication of County’s acceptance of an offer made in response to this RFQ. Appeals should be submitted to County of Fresno Purchasing, 4525
E. Hamilton Avenue, Fresno, California 93702-4599. Appeals should address only areas regarding RFQ contradictions, procurement errors, quotation
rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding
the 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 Agent/CAO within seven
(7) business days after Purchasing’s notification; except if, notified to appeal directly to the Board of Supervisors at the scheduled date and time.
If the protesting bidder is not satisfied with Purchasing Agent/CAO’s decision, the final appeal is with the Board of Supervisors.
1.15 CANCELLATION OF AWARD
The awarding authority reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties without
any liability against the County.
1.16 CONTRACT BONDS
The bidder to whom award is made shall enter into an agreement based on their proposal submitted in response to this RFQ. The bidder shall sign such
agreement within seven (7) calendar days of County requesting such signature. The agreement will be submitted to the Fresno C ounty 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 RFQ.
The successful bidders shall furnish a faithful performance bond in the amount of 100 percent of the Maximum Contract A mount and a payment bond in
the amount of 100 percent of the Maximum Contract A mount. 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.
Exhibit A
Quotation No. 18-022 INSTRUCTIONS TO BIDDERS
January 2018 County of Fresno Page 10 of 58
The contract form is attached hereto for the Contractor's information only. Execution of the contract by bidders will not be required, until after the bid
award is made. Liability and Workers Compensation Insurance requirements shall be as set forth in the Agreement.
1.17 POST-BID / PRE-AWARD INFORMATION
The apparent low bids will be determined on the basis of the Award Criteria Figure. The apparent low bidders will be notified by mail after bid opening
day. Upon receipt of notification, the apparent low bidders must complete the Pre-Award forms found in these Bidding Documents. The Bidders shall
complete and return these forms to the Owner within 5 days of receiving notification.
The County may request that bidders other than the apparent low bidders submit similar information, for the purpose of evaluating bids.
Upon completion of the bid evaluation process, information submitted by other than the apparent low bidder will be returned upon request.
1.18. PARTICIPATION:
Bidder may not agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies.
1.19 PURCHASING LOCATION & HOURS:
Fresno County Purchasing is located at 4525 E. Hamilton Avenue (second floor), Fresno, CA 93702. Non-holiday hours of operation are Monday
through Friday, 8:00 A.M. to 12:00 Noon and 1:00 P.M. to 5:00 P.M. PST; Purchasing is closed daily from 12:00 Noon to 1:00 P.M. The following holiday
office closure schedule is observed:
January 1* New Year's Day
Third Monday in January Martin Luther King, Jr.’s Birthday
Third Monday in February Washington - Lincoln Day
March 31* Cesar Chavez’ Birthday
Last Monday in May Memorial Day
July 4* Independence Day
First Monday in September Labor Day
November 11* Veteran's Day
Fourth Thursday in November Thanksgiving Day
Friday following Thanksgiving
December 25* 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.
TABLE OF CONTENTS
SECTION . PAGE
1.01 IDENTIFICATION OF CONTRACT…………………………………………………………………………………………………………………………………………………………….13
1.02 CORRELATION OF CONTRACT DOCUMENTS………………………………………………………………………………………………………………………………………….13
1.03 DEFINITIONS…………………………………………………………………………………………………………………………………………………………………………………………13
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 11 of 58
1.04 CONTRACT DOCUMENTS, SPECIFICATIONS AND DRAWINGS……………………………………………………………………………………………………………….15
1.05 CONTRACTOR RESPONSIBILITIES………………………………………………………………………………………………………………………………………………………..16
1.06 SUB-CONTRACTORS…………………………………………………………………………………………………………………………………………………………………………….18
1.07 PREROGATIVE OF OWNER…………………………………………………………………………………………………………………………………………………………………….18
1.08 CONTROL OF THE WORK………………………………………………………………………………………………………………………………………………………………………18
1.09 INSPECTION…………………………………………………………………………………………………………………………………………………………………………………………19
1.10 TAXES, PERM ITS, FEES, AND INDEMNIFICATION FOR PATENT INFRINGEMENT CLAIM…………………………………………………………………………19
1.11 PAYMENT……………………………………………………………………………………………………………………………………………………………………………………….…....19
1.12 CHANGES TO THE JOB ORDER...................................................................................................................................................................................21
1.13 ASSIGNMENT OF MONEYS...........................................................................................................................................................................................21
1.14 GUARANTEE OF WORK.................................................................................................................................................................................................21
1.15 RESPONSIBILITY FOR DAMAGE.................................................................................................................................................................................22
1.16 RESOLUTION OF CONTRACT CLAIMS.......................................................................................................................................................................22
1.17 INSURANCE……………………..........................................................................................................................................................................................24
1.18 BONDS……………………………………………………………………………………………………………………………………………………………………………….…….…………25
1.19 RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT………………………………………………………………………………………………………….………………..26
1.20 PRE-BID CONFERENCE………………………………………………………………………………………………………………………………………………….……………………26
1.21 CONFIDENTIALITY OF INMATES/WARDS/PATIENTS/CLIENTS IDENTITY……………………………………………………………………………………………26
1.22 SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK................................................................................................................................26
1.23 INTENT OF CONTRACT DOCUMENTS........................................................................................................................................................................31
1.24 BUILDING PERMIT.......................................................................................................................................................................................................31
1.25 CODES AND REGULATIONS.......................................................................................................................................................................................31
1.26 COORDINATION OF WORK.........................................................................................................................................................................................31
1.27 WORK DAY....................................................................................................................................................................................................................31
1.28 SCHEDULE OF OPERATION........................................................................................................................................................................................32
1.29 COOPERATION BETWEEN CONTRACTORS...............................................................................................................................................................32
1.30 TEMPORARY FACILITIES.............................................................................................................................................................................................32
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 12 of 58
1.31 FIRE PROTECTION AND FIRE INSURANCE................................................................................................................................................................32
1.32 DUST SEPARATION AND PROTECTIVE BARRICADES..............................................................................................................................................32
1.33 DAMAGE TO EXISTING WORK......................................................................................................................................................................................32
1.34 PROTECTION OF ALARM, SECURITY, COMMUNICATIONS, AND COMPUTER SYSTEMS.....................................................................................32
1.35 SECURITY.......................................................................................................................................................................................................................33
1.36 PARKING.........................................................................................................................................................................................................................33
1.37 RECORD DRAWINGS.....................................................................................................................................................................................................33
1.38 GUARANTEE / WARRANTY RESPONSE.....................................................................................................................................................................33
1.39 TRENCHING AND EXCAVATION...................................................................................................................................................................................33
1.40 ASBESTOS CONTAINING MATERIAL (ACM)..............................................................................................................................................................34
1.41 RIGHT TO AUDIT...........................................................................................................................................................................................................34
ATTACHMENT: HOSTAGE POLICY
ATTACHMENT: SAMPLE AGREEMENT
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 13 of 58
GENERAL CONDITIONS
1.01 IDENTIFICATION OF CONTRACT
The Contract Documents shall be signed by the Contractor and Owner, but, in case they (other than Agreement) are found to lack such signature,
identification by the Director is deemed sufficient and conclusive.
1.02 CORRELATION OF CONTRACT DOCUMENTS
The Contract Documents are complementary and anything called for by one shall be supplied as if called for by all, providing it comes clearly within the
scope of the Contract.
1.03 DEFINITIONS
The following words, or variations thereof, as used in these documents have meanings as defined:
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 1.03(b), or a duly licensed Architect or Engineer providing consultant services in accordance with an
agreement with the Owner.
d. Contractor - When used in the General Conditions refer to: person, persons, entity, co-partnership: or corporation so named in Agreement;
when used in the body of the Contract Documents, refers to the Contractor for that specific work, whether it be the General Contractor,
Sub-Contractor, or other Contractor.
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 Catalog®.
g. Bid Documents - Notice to Contractors; the Instructions to Bidders; General Conditions, the Construction Task Catalog®, the Technical
Specifications (CTC and Technical Specifications on compact disk); any specifications incorporated by reference; and any Addenda issued by
the County.
h. Construction Task Catalog® (CTC) - is a comprehensive listing of specific construction related tasks identified by the Owner together w ith 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.
l. Key Personnel - those job titles and the persons assigned to the following positions or their equivalents: Senior Project Manager, Project
Manager, Estimator, Scheduler and Superintendent.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 14 of 58
m. Maximum Contract Value - the maximum potential value of the Contract as defined in the Notice to Contractors.
n. Minimum Contract Value - the minimum value of the Contract as defined in the Notice to Contractors. The Owner has no obligation to give
the Contractor the opportunity to perform Job Orders beyond the Minimum Contract Value.
o. Non Pre-priced (NPP) Tasks - the units of Work that are not included in the Construction Task Catalog® but are required by the Detailed
Scope of Work.
p. Normal Working Hours - between the hours of 7:00 AM to 5:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and County
holidays are excluded.
q. Notice of Completion - a form issued by the County indicating that the Work is complete and fixing the date of completion. The form is signed
by the County and filed with the County Recorder. The County, at its sole discretion, may elect not to issue a Notice of Completion on any
individual Job Order.
r. Notice to Proceed - written authorization from the County for the Contractor to commence a Job Order.
s. Other than Normal Working 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. Pre-priced Task – An item of work included in the Construction Task Catalog® for which a unit price is given.
v. Project - collectively, the improvements to be constructed by the Contractor pursuant to one or more Job Orders.
w. Job Order Price Proposal – A price proposal prepared by the Contractor that includes the Pre-priced Tasks, Non Pre-priced Tasks,
quantities, and appropriate Adjustment Factors required to complete the Detailed Scope of Work.
x. Job Order Proposal - the Contractor’s irrevocable offer to perform Work associated with a 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.
aa Joint Scope Meeting – A site meeting to discuss the work before the Detailed Scope of Work is finalized.
bb. Punch List Work - a compilation of minor items that have not been completed in accordance with an individual Job Order and the Contract
Documents. Whether an item is Punch List Work or necessary for completion shall be determined in the sole discretion of the County.
cc. Request for Proposal (RFP) - the County’s written request to the Contractor for a Proposal for the Detailed Scope of Work referenced in a
specific Job Order.
dd. Detailed Scope of Work - shall mean the complete description of services to be provided by the Contractor under an individual Job Order.
ee. Job Order - the documents that indicate the Work to be accomplished under this Contract. The County will be responsible for the
development of the Job Order as well as the inspection and acceptance of the Work contained within the Job Order. The County will review
the Contractor’s Proposal and if acceptable, shall issue a Job Order for the Work described therein. Each Job Order shall include a Detailed
Scope of Work, a lump sum, firm fixed Job Order Price Proposal from the Contractor based upon the Construction Task Catalog® or NPP
Task formula in Paragraph 3.04 of the Supplemental General Conditions, whichever is applicable, time for completion of the Work, and any
special conditions that might apply to that specific Job Order, such as Liquidated Damages. The County also reserves the right to issue a
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 (DSOW) for such project.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 15 of 58
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.
1.04 CONTRACT DOCUMENTS, SPECIFICATIONS AND DRAWINGS
a. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:
1 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
6 Contractor's Bid (Bid Form)
7 Addenda
8 General Conditions
9 Technical Specifications (Divisions 2 through 19)
10 Construction Task Catalog®
11 Reference Specifications
12 Instruction to Bidders
13 Notice To Contractors
b. Division of Contract Documents - For convenience of reference and to facilitate the letting of independent contracts, the Contract
Documents may be separated into certain sections; such separation shall not operate to oblige the Director only or designee to establish
the limits of any contract between the Contractor and Sub-Contractor each of whom shall depend upon his/her own contract stipulations.
The General Conditions apply with equal force to all work, including extra work.
c. Discrepancies - Should the Contractor, at any time, discover a mistake in any of the Contract Documents or any discrepancy therein, or any
variation between dimensions 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
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 16 of 58
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 class of materials, is specified by the trade name or by the name of any particular patentee,
manufacturer or dealer, it shall be taken as intending to mean and specify the article of material described or any other equal thereto in
quality, finish and durability, and equally as serviceable for the purpose for which it is or they are intended.
f. Materials - All materials, unless otherwise specified, shall be new and of good quality, proof of which shall be furnished by the Contractor; in
case of doubt as to kind or quality required, samples shall be submitted to the Director who will specify the kind and use of the material
appropriate to the location and the function of the item in question and Contractor shall furnish such accordingly.
1.05 CONTRACTOR RESPONSIBILITIES
a. Supervision Procedures
1. The Contractor shall give efficient supervision to the work, using therein the skill and diligence for which he is remunerated in the
contract Adjustment Factors. He shall carefully inspect the site and study and compare all contract Documents and other
instructions, as ignorance of any phase of any of the features or conditions affecting the Contract will not excuse him from carrying
out its provisions to its full intent.
2. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the project site
during the progress of the work. The superintendent shall represent the Contractor and all communications given to the
superintendent shall be as binding as if given to the Contractor. The Contractor shall identify in writing the name and experience of the
Superintendent for 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
1. Means and Methods - The Contractor shall be solely responsible for and control of construction means, methods, techniques,
sequences and procedures for all the work of this contract. Additionally, he shall be responsible for safety precautions and programs
in connection with the work. The Contractor shall be accountable for all acts of omission of his/her employees, subcontractors, or any
of their agents and employees or any other persons performing any of the work of this Contract.
2. Progress Schedule - The Contractor, immediately after being awarded a Job Order, shall update the schedule submitted as part of the
Proposal and submit for the Owner’s information an estimated progress schedule.
3. Laws of City, County and State - The Contractor 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.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 17 of 58
7. Contractor's Right to Stop Work or Terminate Contract - If through no fault of the Contractor or of anyone employed by him (1) the
work is stopped by order of any court or governmental authority, or (2) the Owner fails to issue any certificate for payment within
Forty-five days after it is due or (3) the Owner fails to pay the Contractor within Forty-five days after its presentation, any sum
certified by the Owner or awarded by arbitrators, then the Contractor may, upon ten days' written notice to the owner, stop work or
terminate the contract, and the Owner shall be liable to the Contractor for any loss sustained and reasonable profit.
8. Hazardous Substances - With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material
Safety Data Sheet for each product, which contains any substance 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)
9. Recycled Products/Materials – Contractors are encouraged to provide recycled or recyclable products/materials which meet stated
specifications per Job Order.
c. Confidentiality - All services performed by contractor shall be in strict conformance with all applicable Federal, State of California and/or
local laws and regulations relating to confidentiality, including but not limited to, California Civil Code, California Welfare and Institutions
Code, Health and Safety Code, California Code of Regulations, Code of Federal Regulations.
Contractor shall submit to County’s monitoring of said compliance.
Contractor may be a business associate of County, as that term is defined in the “Privacy Rule” enacted by the Health Insurance Portability
and Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate, contractor may use or disclose protected health information (“PHI”)
to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall
not violate HIPAA and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to
County, as the “Covered Entity” under HIPAA’s Privacy Rule, except as authorized for management, administrative or legal responsibilities of
the Business Associate.
Contractor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written
notice to the County.
Contractor shall ensure that any agent, including any subcontractor, to which contractor provides PHI received from, or created or
received by the contractor on behalf of County, shall comply with the same restrictions and conditions with respect to such information.
d. Patent Indemnity - The contractor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind,
including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or
unpatented invention, article or appliance furnished or used in connection with this contract.
e. Data Security – Contractor shall employ adequate controls and data security measures, both internally and externally to ensure and protect
the confidential information and/or data provided to contractor by the County, preventing the potential loss, misappropriation or
inadvertent access, viewing, use or disclosure of County data including sensitive or personal client information; abuse of County resources;
and/or disruption to County operations.
Individuals and/or agencies may not connect to or use County networks/systems via personally owned mobile, wireless or handheld
devices unless authorized by County for telecommuting purposes and provide a secure connection; up to date virus protection and mobile
devices must have the remote wipe feature enabled. Computers or computer peripherals including mobile storage devices may not be used
(County or Contractor device) or brought in for use into the County’s system(s) without prior authorization from County’s Chief Information
Officer and/or designee(s).
No storage of County’s private, confidential or sensitive data on any hard-disk drive, portable storage device or remote storage installation
unless encrypted according to advance encryption standards (AES of 128 bit or higher).
The County will immediately be notified of any violations, breaches or potential breaches of security related to County’s confidential
information, data and/or data processing equipment which stores 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
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 18 of 58
deemed necessary by County in its sole discretion. Contractor will be responsible for all costs incurred as a result of providing the
required notification.
f. Contractor shall perform as required by the ensuing contract. Contractor also warrants on behalf of itself and all subcontractors engaged
for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform
and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
1.06 SUB-CONTRACTORS
a. Agreements - Agreements between the Contractor, Sub-Contractors, and Sub-Contractors of lower tier shall be subject to the approval of
the Owner, but in no case does such approval relieve the Contractor of any conditions imposed by the Contract Documents. Subcontractors
may be added, deleted or substituted only in accordance with the provisions of Public Contract Code Section 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.
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 DBE subcontractors and suppliers. (All Job Orders that have federal funding shall
follow the reporting requirements listed in the Grantees’ funding documentation as directed by the County Project Manager.
1.07 PREROGATIVE OF OWNER
The Owner may perform or employ others to undertake portions of work persistently neglected by the Contractor, provided that, after three days'
written notice to the Contractor, work is still undone. In such case, the work shall be done under direction of the Director or designated County Official
or designee and the cost deducted from the amount of next payment falling due to the Contractor. Such action shall, in no way, affect the status of
either party under contract, nor be held as a basis of any claim by the Contractor for damages or extension of time.
1.08 CONTROL OF THE WORK
The Director after contract is signed, is assumed to be just and unbiased Arbiter between parties thereto and the entire work is under his/her
jurisdiction to such end. It is his/her function to interpret the Contract Documents; pass upon merits of materials and workmanship, compute amounts
of and issue certificates for all payments to which Contractor may be entitled; decide upon all deductions from and additions to the Job Order Price
resulting from alterations after letting of Job Order; determine amount of damages accruing to either Party from any cause; or conferences at any
time during the progress of the work and such order shall require the Contractor and any or all Sub-Contractors or other Contractors to attend; and
perform any other duties hereinafter stated within his/her province.
It shall be the responsibility of the Director or designee to make written decisions in regard to all claims of the Owner or Contractor and to interpret
the Contract Documents on all questions arising in connection with the execution of the Work.
Orders from the Director shall be in writing only, properly signed; no oral orders from Director nor from anyone acting for him shall be considered
binding in case of dispute and no one, other than the Owner, or the Director acting for him, has authority to order changes involving extras or
deductions. Superintendents or Inspectors may be assigned by the Owner and/or Engineer to assist them in the conduct of the work and these
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 19 of 58
persons shall be entitled to the same free access to all parts of work, and the degree of authority of such employees to act for the Engineer is as
prescribed for the Engineer, such employees acting within the scope of the particular duties entrusted to them.
Authority to stop the work is vested in the Director and may be involved whenever he deems such action necessary to insure proper execution of the
Contract and Work may not thereafter be resumed until the Director has given written consent.
1.09 INSPECTION
All material and workmanship (if not otherwise designated by the Contract Documents) shall be subject to inspection, examination, and test by the
Director or designated County Official at any and all times during manufacture and/or construction and at any and all places where such manufacture
and/or construction are carried on. The Director shall have the right to reject defective material and workmanship or require its correction.
The Contractor shall furnish promptly without additional charge, all reasonable facilities, labor, and materials necessary for the safe and convenient
inspection and tests that may be required by the Director.
Should it be considered necessary or advisable by the Director at any time either before acceptance of the entire work or after acceptance and within
the guaranty period to make an examination of work already completed, by removing or tearing out same, the Contractor shall on request promptly
furnish all necessary facilities, labor, and material. If such work is found to be defective in any material respect, due to the fault of the Contractor or
his/her Sub-Contractors, he shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to
meet the requirements of the contract, cost necessarily involved in the examination and replacement, as determined by use of the Construction Task
Catalog®, shall be allowed the Contractor and he shall, in addition, if completion of the work has been delayed thereby, be granted a suitable extension
of time on account of the additional work involved.
When the work is completed the Contractor shall notify the Owner in writing that the work will be ready for final inspection and test on a definite date
which shall be stated in such notice.
1.10 TAXES, PERMITS, FEES, AND INDEMNIFICATION FOR PATENT INFRINGEMENT CLAIM
The Contractor shall pay for and include all Federal, State and local taxes direct or indirect upon all materials, and take out and pay all fees and charges
for permits and licenses, unless otherwise specified in the Job Order or Technical Specifications of these specifications.
Royalty and license fees incidental to the use of any patented material, device or process shall be paid by the Contractor and in the event of a claim of
alleged infringement of patent copyright, or Trade Secret rights, the Contractor shall indemnify, save the Owner free and harmless, and defend, at the
Contractor's own expense, any and all suits that may be brought in such connection.
1.11 PAYMENT
Payments shall be made on inspected and approved Work only. If an individual Job Order requires 45 days or less for completion, the Owner will
normally make one payment to the Contractor after the Notice of Completion, if required by the County, and retainage shall be paid after final
acceptance of all Work contained under the Job Order and all Contract requirements for final payment have been satisfied. For Job Orders requiring
greater than 45 days performance period, the Owner will consider a request for partial payments to the Contractor, not more than monthly.
The Owner will make progress payments to the Contractor upon completion of portions of the w ork, as covered by the contract, in accordance with
established County procedures:
a. Before payment is made, the Contractor shall prepare for the Director's approval a statement covering the actual work completed under
the terms of the Job Order. A schedule of values listed by “CSI” or “Category” from the Contractors Job Order Price Proposal may be
utilized for said schedule of values.
b. In making such payment there shall be a retention of five (5 %) percent of the payment requested. If, after 50 percent of the work of the
Job Order has been completed, the Director finds that satisfactory progress is being made, the Director may reduce the retention to two
and one half (2 ½ %) 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
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 20 of 58
of persons executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing him to give such
consent must accompany the approval document.
1. Substitution of securities for any moneys withheld by the Owner to ensure performance under a contract shall be permitted, provided
that substitution of securities provisions shall not apply to contracts in which there will be financing provided by the Farmers 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.
6. The Contractor shall enter into an escrow agreement satisfactory to the Owner, which agreement shall substantially comply with
Public Contract Code Section 22300.
7. The Contractor shall obtain the written consent of the surety to such escrow agreement.
c. All material and work covered by progress payments made shall thereupon become the sole property of the Owner, but this provision shall
not be construed as relieving the Contractor from the sole responsibility for all materials and work upon which payments have been made
or the restoration of any damaged work or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract,
d. Upon completion and acceptance of all work whatsoever required, and the release of all claims against the Owner as specified, the Director
shall file a written Notice of Completion, if required by the County, with the County Recorder as to the entire amount of work performed.
e. Forty-five (45) days after the filing of such Notice of Completion, if required by the Owner, the Owner will pay to the Contractor the amount
therein stated, except as provided in paragraph 2.11-g, less all prior payment and advances whatsoever to or for the account of the
Contractor, and less material and labor claims duly filed with the Owner on account of this contract. All prior estimates and payments
including those relating to extra work shall be subject to correction by this final payment which is referred to throughout this Contract as
the Final Payment.
f. The acceptance by the Contractor of the final payment shall be and shall operate as a release to the Owner of all claims and of all liability to
the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating
to or arising out of this work, excepting the Contractor's claims for interest upon final payment, if this payment be improperly delayed. No
payments, however, final or otherwise shall operate to release the Contractor or his/her sureties from any obligations under this contract
or the Performance and Payment Bonds.
g. Payments may be withheld in the whole or in part if such course be deemed necessary to protect the Owner from loss on account of the
failure of the Contractor to (1) meet his/her obligations, (2) expedite the work, (3) correct rejected work, (4) settle damages as herein
provided, (5) produce substantial evidence that no claims will be or have been filed, or (6) that unpaid balances may be insufficient to
complete the work.
h. The Contractor shall pay:
1. For all transportation and utility services not later than the 20th day of the calendar month following that in which such services are
rendered.
2. For all materials, tools, and other expendable equipment to the extent of 90 percent of the cost thereof, not later than the 20th day of
the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 21 of 58
of the cost thereof not later than the 30th day following the completion of that part of the work in or on which such materials, tools
and equipment are incorporated or used.
3. To each of his/her Sub-Contractors, not later than the tenth day following each payment to the Contractor, the respective amounts
allowed the Contractor on account of the work performed by his/her Sub-Contractors, including that work performed and paid for
under a Change to the Job Order as provided in Section 2.12, to the extent of each Sub-Contractor's interest therein.
1.12 CHANGES TO THE JOB ORDER
a. Changes Requested by the Owner -The Owner may, without invalidating the Job Order, order changes, modifications, deletions, and extra
work by issuing additional written Job Orders during the progress of the Work. The Contractor shall not be entitled to compensation for any
extra work performed unless the Director has issued an additional written Job Order designating (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 General
Conditions. Credits for Pre-priced and Non Pre-priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate
Adjustment Factors. The results is that a credit for Tasks that have been deleted from the Detailed Scope of Work will be given at 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
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 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.
1.13 ASSIGNMENT OF MONEYS
The Contractor shall not assign moneys due or to become due him under the contract without the written consent of the Auditor-Controller of Fresno
County. Any assignment of moneys shall be subject to all proper set-offs in favor of the County of Fresno and to all deductions provided for in the
contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the County of Fresno for the completion of the
work in the event that the Contractor should be in default therein.
1.14 GUARANTEE OF WORK
All work shall be guaranteed by the Contractor, except as may be otherwise specified, against defects resulting from the use of inferior materials,
equipment or workmanship for one year from the date of completion of the Job Order.
If repairs or changes are required in connection with guaranteed work within any guaranteed period, which, in the opinion of the Owner is rendered
necessary as the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the
contract, the Contractor shall, promptly upon receipt of notice from the Owner, and without expense to the Owner (1) place in satisfactory condition in
every particular all of such guaranteed work, correct all defects therein, and (2) make good all damage to the building or site, or equipment or contents
thereof, which, in the opinion of the Owner, is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in
accordance with the terms of the contract; and (3) make good any work or materials, or the equipment and contents of said building or site disturbed
in fulfilling any such guarantee.
If the Contractor disturbs any work guaranteed under another contract in fulfilling the requirements of the contract or of any guarantee, embraced in
or required thereby, he shall restore such disturbed work to a condition satisfactory to the Director and guarantee such restored work to the same
extent as it was guaranteed under such other contract.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 22 of 58
The owner may have the defects corrected if the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee and the
Contractor and his/her surety shall be liable for all expense incurred.
All special guarantees applicable to definite parts of the work that may be stipulated in the Contract Documents shall be subject to the terms of this
paragraph during the first year of the life of such special guarantee.
1.15 RESPONSIBILITY FOR DAMAGE
Neither the Owner, the Director of Department of Internal Services, nor any officer or employee of the County or any incorporated city, or officer or
employee thereof, within the limits of which the work is being performed, shall be answerable or accountable in any manner, for any loss or damage
that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to
any person or persons, either workmen or the public, for damage to property from any cause which might have been prevented by the Contractor, or
his/her workmen, or anyone employed by him, against all of which injuries or damages to persons and property the Contractor having control over
such work must properly guard.
The Contractor shall be responsible for any liability imposed by law for any damage to any person or property resulting from defects or obstructions or
from any cause whatsoever during the progress of the work or at any time before the completion and final acceptance.
The Contractor agrees to indemnify, save, hold harmless and at the County’s request, defend the County, its all officers, agents, and employees from
any and all costs and expenses, attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to County in connection
with the performance, or failure to perform, by Contractor, its officers, agents or employees under this agreement and from any and all costs and
expenses, attorney fees and court costs, damages, liabilities, claims and losses occurring to any person, firm or corporation who may be injured or
damaged by the performance or failure to perform, of contractor, its officers, agents, or employees under this agreement.
1.16 RESOLUTION OF CONTRACT CLAIMS
Public works contract claims of three hundred seventy-five thousand ($375,000) or less which arise between a Contractor and a local public agency
shall be resolved in accordance with the provisions of Article 1.5 (Sections 20104-20104.6, inclusive) of Chapter 1 of Part 3 of Division 2 of the Public
Contract Code. Article 1.5 requires that its provisions or a summary thereof be set forth in the plans and specifications for any work which may give
rise to a claim thereunder. Accordingly, this contract incorporates all of the terms and conditions of Article 1.5, as follows:
Article 1.5 Resolutions of Contract Claims
20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise
between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has
elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(1) "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, (B) 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 1, 1991.
20104.2 For any claim subject to this article, following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date
of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by
contract for the filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 23 of 58
of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim
or relating to defenses or claims the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement
of the local agency and the claimant.
(3) The local agency's written response to the claim as further documented shall be submitted to the claimant within 15 days after receipt of
the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information,
whichever is greater.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000),
the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have
against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement
of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt
of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or
requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant
may so notify the local agency in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local
agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement
of the issues in dispute, Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the
dispute.
(e) If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to
Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government
Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the
claimant submits his/her or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time
utilized by the meet and confer conference.
20104.4 The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding
mediation unless waived by the mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by
both parties of disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15
days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by
stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the
mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to the judicial arbitration pursuant to Chapter 2.5 (commencing with
Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986
(Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of Civil Procedure) shall apply to any proceeding brought under
this subdivision consistent with the rule pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be
experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case
of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by
state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 24 of 58
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.
1.17 INSURANCE
Without limiting the County's right to obtain indemnification from Contractor or any third parties, C ontractor, at its sole expense, shall maintain in full
force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate
of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. County may require specific coverages including
completed operations, products liability, and contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability
insurance deemed necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars
($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty
Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage
should include owned and non-owned vehicles used in connection with this Agreement.
C. Professional Liability
If C ontractor 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.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 25 of 58
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: Facilities Manager stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers,
agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of
Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement
are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and
that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may
have, suspend or terminate this Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies
possessing a current A.M. Best, Inc. rating of A FSC VII or better.
1.18 BONDS
Bid Deposit (Security): The bidder shall furnish a proposal guarantee consisting of a bid bond, cash, certified check, or cashier's check for twenty five
thousand dollars ($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 Job Orders in an amount equal to the sum of any outstanding Job Orders.
Bonding Company Requirements: Each bond specified in this RFQ (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 Maximum Contract Value.
BONDING COMPANY: The company issuing bonds shall be a corporate surety admitted by the California Insurance Commissioner to do business in the
State of California with an A.M Best rating of B++ 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.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 26 of 58
1.19 RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT
In case of default by Contractor, the County may procure the articles or service from another source and may recover the cost difference and related
expenses occasioned thereby from any unpaid balance due the Contractor or by proceeding against performance bond of the Contractor, if any, or by
suit against the Contractor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made.
Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the Contractor will be considered in default.
Contractor shall reimburse County for expenses related to delivery of non-specified goods or services.
Regardless of F.O.B. point, Contractor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to
delivery and such loss, injury or destruction shall not release Contractor from any obligation hereunder.
1.20 PRE-BID CONFERENCE
PRE-BID CONFERENCE: Prospective bidders must attend the M andatory pre-bid conference. Refer to the Notice to Contractors.
1.21 CONFIDENTIALITY OF INMATES/WARDS/PATIENTS/CLIENTS IDENTITY
Some of the Work to be done under this Contract may be done in secured facilities or facilities that require confidentially. Contractors shall alert and
inform their employees that State law requires that the identities of inmates/wards/patients/clients be kept confidential.
Revealing the identities of inmates/wards/patients/clients is punishable by law.
1.22 SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK
a. Scope of Work
1. This is an indefinite-quantity contract pursuant to which the Contractor will perform an ongoing series of individual projects at
different locations throughout the County of Fresno. This Contract is 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 P rices. 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 w ork at any of the Owner’s facilities. The Owner makes no commitment as to the award of individual
Job Orders. All costs associated with preparing Job Order Proposals shall be the responsibility of the Contractor.
4. Work or performance shall be made only as authorized by Job Orders issued in accordance with these General Conditions. The
Contractor shall furnish to the Owner, the supplies or services specified in the Job Orders up to and including the Maximum Contract
Value. The Owner shall give the Contractor the opportunity to perform at least the Minimum Contract Value of construction services
designated in the Contract Documents.
5. The Scope of Work of this Contract shall be determined by individual Job Orders. The Job Order will reference the Detailed Scope of
Work and set forth the Job Order Completion Time, and the Job Order Price. The Job Order Price is determined by multiplying the
preset Unit Prices by the appropriate quantities and by the appropriate Adjustment Factor. The Job Order Price shall be a lump sum,
fixed price for the completion of the Detailed Scope of Work. A separate Job Order will be issued for each project. Extra w ork,
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.
6. The Contractor shall conduct the Work in strict accordance with the Contract and all applicable federal, state, and local laws,
regulations, or codes.
7. Contractor shall maintain accurate and complete records, files and libraries of documents to include federal, state, and local
regulations, codes, applicable laws listed herein, and manufacturers’ instructions and recommendations, which are necessary and
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 27 of 58
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.
11. The design of architectural, structural, mechanical, electrical, civil, or other engineering features of the Work required by the Contract
shall be accomplished or reviewed and approved by architects or engineers registered in the State of California to practice in the
particular professional field involved.
12. In addition to the Work unit requirements in the General Requirements, Contract Technical Specifications, Volume 3, and the
Construction Task Catalog® (CTC), Volume 4, the Owner may, from time to time, require Non Pre-priced (NPP) Tasks. The parties shall
proceed with these requirements in accordance with the Procedure for Ordering Work contained in Paragraph 3.04 of these General
Conditions. These NPP Work unit requirements will be incorporated in individual 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
1. As the need for work arises, the Owner will notify the Contractor of the Work and provide written notification.
2. Upon receipt of this notification, the Contractor shall respond within one working day by:
(a) Establishing verbal contact with the Owner to further define the scope of the requirement, and
(b) Visiting the proposed Work site in the company of the Owner, and participating in the conduct of a Joint Scope Meeting which will
include discussion and establishment of the following:
(1) Project number and title
(2) Existing site conditions
(3) Methods and alternatives for accomplishing Work
(4) Definition and refinement of requirements
(5) Detailed Scope of Work
(6) Requirements for design drawings, sketches, shop drawings, submittals, etc.
(7) Tentative construction schedule
(8) Preliminary quantity estimates
(9) Access to the site and protocol for admission
(10) Hours of operation
(11) Staging area
(12) Liquidated damages
(13) Presence of hazardous materials
(14) Proposal due date
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 28 of 58
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.
4. The Contractor will prepare the Job Order Price Proposal in accordance with the following:
(a) Pre-priced Work requirements. A Pre-priced Task is a task described and for which a Unit Price is set forth in the Construction
Task Catalog®. Pre-priced Work requirements will identify the type and number of Work units required from the Construction
Task Catalog® (CTC). The price per unit set forth in the CTC shall serve as the base price for the purpose of the operation of this
provision. The total of the Job Order Price Proposal shall be the sum of the cost of each applicable CTC task, which is calculated
according to the following formula:
A= Number of Units Required for CTC Task
B= Applicable Adjustment Factor
C= CTC Price per Unit
Cost of CTC Task
A x B x C
(b) The Contractor’s Proposal shall include support documentation to indicate that adequate engineering and planning for the
requirement have been done, and that the Work units and quantities proposed are reasonable 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 Pre-priced Work Requirements: Non Pre-priced Work shall be separately identified and submitted in the Job Order Price
Proposal. Information submitted in support of Non Pre-priced Work shall include, but not be limited to, the following:
(1) Complete specifications and technical data, including Work unit content, support drawings, Work unit costs data, quality
control and inspection requirements.
(2) Work schedule in written form.
(3) Pricing data submitted in support of Non Pre-priced work units shall include a cost or price analysis report, establishing
the basis for selecting the approach proposed to accomplish the requirements. Unless otherwise directed by the Owner,
costing data will be submitted, demonstrating that the Contractor sought and received three quotes. The Contractor shall
provide an installed unit price (or demolition price if appropriate), which shall include all costs required to accomplish the
Non Pre-priced Task.
(4) If the Contractor will perform the work with its own forces, it shall submit three independent quotes for all material to be
installed and shall, to the extent possible, use Pre-priced labor and equipment from the Construction Task Catalog®. If the
work is to be subcontracted, the Contractor must submit three independent bids from subcontractors. The Contractor
shall not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use. The Owner
may require additional quotes and bids if the suppliers or subcontractors are not acceptable or if the prices are not
reasonable.
(5) The final price submitted for Non Pre-priced (NPP) Tasks shall be according to the following formula:
Contractor Performed Duties
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 29 of 58
A= The number of hours for each labor classification and hourly rates
B= Equipment costs (other than small tools)
C= Three independent quotes for all materials
Total Cost for self-performed work = (A+B+C) x 15% (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
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 15%
(6) The Owner will evaluate the entire Proposal and proposed Work units and compare these with the Owner’s estimate of the
Detailed Scope of Work to determine the reasonableness of approach, including the nature and number of Work units
proposed. The Owner will determine whether the Contractor’s Job Order Price Proposal is in line with its own estimate.
(7) After using a Non P re-priced 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 Pre-priced Task or a Non Pre-priced Task shall be final, binding and
conclusive as to the Contractor.
(9) Whenever, because of trade jurisdiction rules or small quantities, the cost of a minor task in the Job Order Price Proposal
is less than the cost of the actual labor and materials to perform such task, the Owner may permit the Contractor to be
paid for such task as a Non Pre-priced Task, or use Pre-priced labor tasks and material component pricing to cover the
actual costs incurred. Provided, however, that there is no other work for that trade 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
(1) Request for Proposal Submittal. Contractor shall submit the Proposal for the Job Order to the Owner on or before the due
date stated in the Request for Proposal (RFP) (14 days maximum unless otherwise specified).
(2) Request for Information Submittal. Contractor shall make a thorough analysis of each Job Order and submit all Requests
For Information (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 Proposal review meeting
(unless otherwise specified). Upon review of revised Job Order Price Proposal, the Contractor shall remove all line items
or adjust quantities deemed inappropriate by the Owner and re-submit the Job Order Price Proposal within 24 hours. No
new line items may be added to the Job Order Price Proposal. No quantities increases or added modifiers will be accepted
unless agreed to by the Owner during the second 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 Catalog®
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 30 of 58
Unit Price and the applicable Adjustment Factors. Non Pre-priced (NPP) Tasks will be priced according to the formula set
forth in Section 1.22 b 4 (c) of these General Conditions. The Owner also reserves the right to not award a Job Order if it is
determined to be in the best interests of the Owner or the proposed cost exceeds the Owner’s estimate. The Owner may
perform such work by other means. In these instances, the Contractor has no right of claim to recoup Proposal expenses
including but not limited to the costs to attend the Joint Scope Meeting, review the Detailed Scope of Work, prepare a Job
Order Proposal (including incidental architectural and engineering services), subcontractor costs, and the costs to review
the Job Order Proposal with the Owner.
(6) Unilateral Job Order – The owner reserves the right to issue Job Orders based on the Owners Job Order Price P roposal
for a specified Detailed Scope of Work (DSOW).
(e) By submitting a signed Proposal to the Owner, the Contractor is agreeing to accomplish the Work outlined in the Detailed Scope
of Work in accordance with the Request for Proposal at the lump sum price submitted for that particular Job Order. The
Contractor shall include the necessary tasks and quantities in the Job Order Price Proposal and apply the appropriate
Adjustment Factor(s) prior to delivering it to the Owner. The value of the Job Order Price Proposal shall be calculated by
summing the total of the calculations for each P re-priced Task (Unit Price x quantity x Adjustment Factor) plus the value of all
Non Pre-priced Tasks. The Job Order Price shall be the value of the approved Job 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:
(1) Will constitute or create a hazard to the work, or to persons or property;
(2) Will not produce finished Work in accordance with the terms of the Contract; or
(3) Unnecessarily increases the price of the Job Order when alternative means and methods are available.
(h) Each Job Order provided to the Contractor shall reference the Detailed Scope of Work and set forth the Job Order Price and the
Job Order Completion Time. All clauses of this Contract shall be applicable to any Job Orders issued under this clause. Job
Orders will be written 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.
(j) In the event that “immediate emergency response” is necessary, the Owner may elect to use an alternative procedure for such
type of Job Orders as long as the alternative procedure is not substantially more burdensome to the Contractor than the
procedure described in this section.
(k) All Proposals submitted by the Contractor are valid for the duration of the Contract.
c. Measurements to be Verified
Before ordering any material or doing any Work, the Contractor shall verify all measurements at the site of a specific Job Order, and shall be
responsible for the correctness of the measurements. No extra charge or compensation will be allowed based 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.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 31 of 58
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.
f. Computer and Communications Equipment Requirements
The Contractor shall maintain at its office for its use a computer with, at a minimum, a 1 GHz processor and an internet connection. The Contractor shall
maintain individual email accounts for each of its project managers.
g. Job Order Contracting Software and License Fee
JOC Software and System License
The County of Fresno selected The Gordian Group’s Job Order Contracting (JOC) system for the execution of the JOC program. The Gordian JOC
system includes The Gordian Group’s proprietary eGordian® JOC information management applications, construction cost data and Construction Task
Catalog® (collectively “Proprietary Information”), which shall be used by the Contractor to prepare and submit Job Order Proposals, subcontractor
lists, and other requirements specified in the general conditions and as may be requested by the County of Fresno. The Contractor shall be required to
execute Gordian’s JOC System License and User Agreement, and shall pay a 1% JOC System License Fee on all work awarded to the JOC contractor by
the County for access to the Gordian JOC system and Proprietary Information.
1.23 INTENT OF CONTRACT DOCUMENTS
Some of the Work may require the Contractor to work in in-patient care facilities. The intent Contract Documents will be to construct or reconstruct
the hospital facilities for an individual Job Order in accordance with Title 24, California Code of Regulations. Should any conditions develop not covered
by the contract documents wherein the completed work will not comply with said Title 24, California Code of Regulations, the Owner shall develop a Job
Order detailing specifying any required work and will submit it to OSHPD for approval prior to proceeding with the work.
1.24 BUILDING PERMIT
The Contractor shall be responsible for all fees and costs incurred in connection with obtaining permits; however, the Owner will reimburse the
Contractor for the actual cost of the permit or inspection fees, as part of the Job Order, with no additional allowance for overhead and profit.
1.25 CODES AND REGULATIONS
All work, materials, and equipment shall be in full compliance with the 2013 edition of the California Building Code; California Plumbing Code; California
Electrical Code; Cal/OSHA Safety Regulations; and all Federal, State and Local laws, ordinances, regulations, and Fresno County Charter Provisions
applicable in the performance of the work.
1.26 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.
1.27 WORK DAY
All work shall be set forth as part of the Job Order.
Saturday and S unday 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.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 32 of 58
1.28 SCHEDULE OF OPERATION
Time is of the essence in the performing of any Job Order under this Contract. The Contractor shall schedule the work in a manner that will progress
to completion without interruption.
1.29 COOPERATION BETWEEN CONTRACTORS
a. If separate Contracts are let for Work within or adjacent to the Project site as may further be hereinafter detailed in the Contract
Documents, the Contractor shall conduct his Work so as not to interfere with or hinder the progress of completion of the Work being
performed by other contractors.
b. The Contractor shall assume all liability, financial or otherwise, in connection with this Contract, and shall protect and hold harmless the
Owner from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by the Contractor because
of the presence and operations of other contractors working within the limits of the same improvement. The Contractor shall assume all
responsibility for all Work not completed or accepted because of the presence and operations of other contractors.
c. The Contractor shall arrange the Work and placement and disposal of the materials being used, so as not to interfere with the operations of
other contractors within or adjacent to the limits of the Project site. The Contractor shall join the Work with that of others in an acceptable
manner and shall perform it in proper sequence to that of others.
1.30 TEMPORARY FACILITIES
a. Water and Electricity: Contractor may connect to existing water and electricity available on the site provided it is suitable to the
Contractor's requirements. Water and electricity used will be paid by the Owner. Contractor shall bear all expenses for carrying the water
or electricity to the appropriate locations and to connect or tap into existing lines. Contractor shall furnish fuel and other power for the
operation of the heavy equipment, pneumatic tools and compressors.
b. Toilet Facilities maybe available on the site to the workmen engaged in the performance of the contract. The use of such facilities may be
revoked in the event of excess janitorial requirements or at the discretion of the County.
1.31 FIRE PROTECTION AND FIRE INSURANCE
Contractor shall not perform any fire hazardous operation adjacent to combustible materials. Any fire hazardous operation shall have proper fire
extinguisher close by and the adjacent area shall be policed before stopping work for the day.
Contractor shall provide not less than one OSHA / NFPA Class 10-ABC fire extinguisher for each 9,000 square feet of project area or fraction thereof.
1.32 DUST SEPARATION AND PROTECTIVE BARRICADES
When directed as part of an individual Job Order, the Contractor shall erect temporary dust separation partitions and floor mats as necessary to
confine dust and debris within area of work. Contractor shall post signs, erect and maintain barriers and warning devices for the protection of the
general public and Owner personnel.
The Contractor shall provide adequate protection for all parts of the present buildings and its contents and occupants wherever work under this
contract is to be performed.
The Contractor shall observe that the health and welfare of occupants of the existing buildings may be affected by noises and fumes produced by the
construction. Insofar as is possible, loud and unnecessary noise is to be avoided and noise producing work should be performed as far away from
occupied areas as is consistent with the efficient conduct of the work.
1.33 DAMAGE TO EXISTING WORK
Damage to existing construction, equipment, planting, etc., by the Contractor in the performance of his work shall be replaced or repaired and restored
to original condition by the Contractor at the Contractor's expense.
1.34 PROTECTION OF ALARM, SECURITY, COMMUNICATIONS, AND COMPUTER SYSTEMS
The Contractor shall be responsible for all costs incurred by the Owner 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.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 33 of 58
1.35 SECURITY
Security provisions will be strictly enforced. All parties who are required to perform their individual services at the site shall be limited to the area
required to complete the work. Such access shall be obtained by notification to the Facilities Services Manager or his designee, of the time and place,
prior to commencing the work.
All keys used during construction shall be numbered. Each key issued shall be recorded and its prompt return shall be strictly enforced. Duplication of
any keys issued is strictly prohibited. These keys shall be returned to the Owners representative at the end of each working day, when required.
Some of the Projects to be done under this Contract may be in secured facilities such as jails. Prior to commencement of work, the Contractor,
including all Subcontractors and Contractors, shall obtain security clearances 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.
1.36 PARKING
The Owner will provide parking spaces at the project site when parking is available. Contractor shall not rely on Owner to provide parking.
1.37 RECORD DRAWINGS
The Contractor shall be provided with xerox bond prints at no cost, upon which a record of all changes to the project plans shall be made. As the work
progresses, the Contractor will be responsible for and shall maintain a record of all deviations in the mechanical, electrical, plumbing and other work
from that indicated on the plans. As a condition for considering the project complete, the record drawings must be delivered to the Resident Engineer,
and deemed acceptable.
1.38 GUARANTEE / WARRANTY RESPONSE
Attention is directed to General Conditions Section 1.14 "Guarantee Of Work", the Guaranty in the Bid.
In lieu of any time limits imposed or implied by the above referenced contract documents or stated in standard product warranties or special
warranties, the Contractor shall respond within 24 hours to notice from the Owner that repairs or changes are required in connection with guaranteed
work or equipment within the guarantee period.
1.39 TRENCHING AND EXCAVATION
In accordance with Section 7104 of the California Public Contract Code, the following provisions shall apply to any contract involving digging of trenches
or other excavations that extend deeper than four feet below the surface:
a. The Contractor shall promptly, and before the following conditions are disturbed, notify the Owner, in writing, of any:
1. 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 III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in the Job Order.
b. The Owner shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste,
and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, shall issue an
additional Job Order in accordance with the provisions of Section 1.12 of the General Conditions.
c. In the event that a dispute arises between the Owner and the Contractor whether the conditions materially differ, or involve hazardous
waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the
Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 34 of 58
performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the
resolution of disputes and protests between the contracting parties.
1.40 ASBESTOS CONTAINING MATERIAL (ACM)
When the Job Order requires the Contractor not to remove ACM, the Contractor shall exercise caution when working around ACM to prevent the
release of 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 feet of friable ACM in accordance with Federal, State and local statutes and regulations.
The Contractor shall furnish project notification documents, employee information, equipment certifications, material specifications and samples,
project work plan and air monitoring plan, and other project submittals or documentation as required by statute or regulation.
The methods for removal and disposal of either non-friable ACM or friable ACM selected by the Contractor shall 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.
1.41 RIGHT TO AUDIT
All Accounting Records - The Contractor shall make available to the Owner for auditing, all relevant accounting records and documents, and other
financial data, and upon request, shall submit true copies of requested records to the Owner.
Requests 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.
Exhibit A
Quotation No. 18-022 GENERAL CONDITIONS
January 2018 County of Fresno Page 35 of 58
END OF GENERAL CONDITIONS
Exhibit A
EFFECTIVE DATE: 12-18-89 REVISED: 08-06-90, 12-25-94, 05-06-96, 09-
01-99, 12-01-10
APPROVED BY: Sheriff M. Mims BY: Assistant Sheriff T. Gattie
AUTHORITY: California Code of Regulations, Title 15, Section 1029(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.
III. 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
Exhibit A
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 [SRC1]
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.
Exhibit A
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. [SRC2]
[SRC1] 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.
Exhibit A
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.
Exhibit A
A G R E E M E N T
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 of the State of California,
hereinafter "COUNTY", and Durham Construction Company, Inc., hereinafter “CONTRACTOR”.
WHEREAS, the COUNTY has a need for the Job Order Contracting
services; and
WHEREAS, the CONTRACTOR is qualified and willing to perform said services.
NOW, THEREFORE, the parties agree as follows:
W I T 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.
Exhibit A
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.
_______ thereto and CONTRACTOR’s Response to Request for Quotation No. __________., all of
which are attached hereto as Exhibits ___, ____, and _____, respectively and incorporated herein by
reference. All capitalized terms used in this Agreement shall have the meanings attached to them as
set forth in COUNTY’s Request for Quotation No. ________.
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 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
Exhibit A
1775, the CONTRACTOR shall forfeit as a penalty to the COUNTY $50.00 for each calendar
day or portion thereof, for each workman paid less than the stipulated prevailing rates for such
work or craft in which such workman is employed for any work done under the Contract by
CONTRACTOR or by any subcontractor under CONTRACTOR in violation of the provisions of
the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to
said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing
wage rates and the amount paid to each workman for each calendar day or portion thereof for
which each workman was paid less than the stipulated prevailing wage rate shall be paid to each
workman by the CONTRACTOR.
The CONTRACTOR and each subcontractor shall keep or cause to be kept an accurate record
showing the names and occupations of all laborers, workmen and mechanics employed by him in
connection with the execution of the Contract or any subcontract thereunder, and showing also
the actual per diem wage paid to each of such workers, which records shall be open at all
reasonable hours to inspection by the COUNTY, its officers and agents and to the representatives
of the Division of Labor Law Enforcement of the State Department of Industrial Relations.
CONTRACTOR and any subcontractor under CONTRACTOR shall also comply with the
provisions of Section 1777.5 and Section 1777.6 of the Labor Code concerning the employment
of apprentices.
C. It is further understood and agreed that, in accordance with the provisions of
Sections 1810 to 1815 of the Labor Code of the State of California, eight (8) hours labor shall
constitute a day's work, but because this is a contract for public work, work performed by
employees of the CONTRACTOR and each Sub-Contractor in excess of eight (8) hours per day,
and forty (40) hours in any one week, shall be permitted upon compensation for all hours worked
Exhibit A
in excess of eight (8) hours per day at not less than one and one-half (1 1/2) times the basic rate
of pay. The CONTRACTOR and each subcontractor shall keep an accurate record showing the
names and actual hours worked of all workers employed by him in connection with the work
contemplated by this Agreement, which record shall be open at all reasonable hours to the
inspection of the COUNTY or its officer or agents and to the Chief of the Division of Labor
Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents.
It is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the COUNTY
the sum of twenty-five dollars ($25) for each laborer, workman employed by CONTRACTOR or
any subcontractor under CONTRACTOR, for each calendar day during which such laborer or
workman is required or permitted to labor more than eight (8) hours in violation of this
stipulation.
The Board of Supervisors hereby specifies that portions of the work can only be performed
outside the regular working hours as defined in the applicable collective bargaining agreement
filed with the Director of Industrial Relations in accordance with Labor Code Section 1773.1,
and that the overtime requirements for Saturdays, and holidays are hereby waived for these
portions of the work, as more particularly described in the specifications. However, this
exemption shall not negate the overtime provisions specified in Labor Code Section 1815.
Exhibit A
D. All agreements between the CONTRACTOR, Sub-Contractors, and Sub-
Contractors of lower tier shall be subject to the approval of the COUNTY. In no case does
such approval relieve the CONTRACTOR of any conditions imposed by the Contract
Documents. Sub-Contractors may be added, deleted or substituted only in accordance
with the provisions of Public Contract Code Section 4100 et seq.
CONTRACTOR shall bind every Sub-Contractor by the terms of the Contract Documents to
carry out their provisions insofar as applicable to their work; and the CONTRACTOR further
agrees to pay to each Sub-Contractor promptly upon issuance of Certificate of Payment, his/her
or their due portion.
Neither the acceptance of the name of Sub-Contractor nor the suggestion of such name
nor any other act of the COUNTY nor anything contained in any Contract Document shall be
construed as creating any contractual relation between the COUNTY and any Sub-Contractor of
any tier.
The COUNTY reserves the right to reject any proposed Sub-Contractor, installer, or
supplier who cannot show satisfactory evidence of meeting the qualifications required by the
Contract Documents. In the event of such rejection, the CONTRACTOR shall, within the time
frame listed for submittal of revised Proposals, submit the name and qualifications of a
replacement Sub-Contractor, installer or supplier satisfactory to the COUNTY. Such
replacement submittal shall be in accordance with all Contract Documents. No adjustment of
Job Order Price Proposal shall be made in the event of such replacement.
When an individual Job Order utilizes Federal Funds and the County elects to require
Disadvantaged Business Enterprise (DBE) participation, the CONTRACTOR shall follow the
Federal Good Faith Effort requirements for inclusion of DBE Sub-Contractors and suppliers.
Exhibit A
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 required subsequent Job Orders for each Project.
C. The COUNTY will provide inspection and acceptance of the work.
III. TERM
The term of this Job Order Contract is either for one year or when issued Job Orders
totaling the Maximum Contract Value have been completed, whichever occurs first. All Job
Orders must be issued, but not necessarily completed within one calendar year of the
commencement date of this Agreement as set forth on page one.
IV. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services
to be provided thereunder, are contingent on the approval of funds by the appropriating
government agency. Should sufficient funds not be allocated, the services provided may
be modified, or this Agreement terminated, at any time by giving the CONTRACTOR
thirty (30) days advance written notice.
B. Breach of Contract - The COUNTY may immediately suspend or terminate
this Agreement in whole or in part, where in the determination of the COUNTY there is:
1. An illegal or improper use of funds;
Exhibit A
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 to Request
for Quotation No. 912-5097, which are as follows:
Normal Working Hours Adjustment Factor _______
Other than Normal Working Hours Adjustment Factor _______
Federal _______
Exhibit A
Normal Working Hours Adjustment Factor
Federal
Other than Normal Working Hours Adjustment Factor
______
The Minimum Contract Value is $25,000 (twenty-five thousand dollars). The CONTRACTOR will
receive the opportunity to perform Job Orders totaling a minimum of $25,000 during the Contract
term. The Maximum Contract Value is $2,000,000 (one million dollars). The Maximum Contract
Value may be increased by up to the sum authorized by Public Contract Code Section 20128.5
(currently approximately $4,500,000). Any increase in the Maximum Contract Value will be by
mutual agreement.
At no time may the sum of the outstanding Job Orders exceed the amount of the Payment Bond and
Performance Bond. A Job Order is outstanding until the COUNTY has accepted the work
described in the Job Order by execution of a Notice of Completion. CONTRACTOR will not be
issued Job Orders which in total exceed the Maximum Contract Value. The COUNTY does not
guarantee the CONTRACTOR will receive Job Orders totaling the Maximum Contract Value.
CONTRACTOR shall submit monthly invoices per Job Order in triplicate to the County of Fresno,
Facility Services.
In no event shall services performed under this Agreement be in excess of the
Maximum Contract Value during the term of this Agreement. It is understood that all
expenses incidental to CONTRACTOR'S performance of services under this Agreement
shall be borne by CONTRACTOR.
VI. LIQUIDATED DAMAGES:
Exhibit A
It is understood and agreed by both parties to the Contract that in case all the Work specified
or indicated in the Contract Documents is not completed within the specified time frames set forth
in the Job Order, or within such time limits as extended, damages will be sustained by the
COUNTY in the event of and by reason of such delay. It is, and will be, impractical and extremely
difficult to determine the actual damage which the COUNTY will sustain by reason of the delay. It
is therefore agreed that the CONTRACTOR will pay, at a minimum, to the COUNTY the sum of
money stipulated per day in the Job Order for each day’s delay in completing the work beyond the
time prescribed.
Application of Liquidated Damages and the value of liquidated damages will be
determined by the County on a Job Order by Job Order basis. Each Job Order will state
whether Liquidated Damages will be applied.
COUNTY may withhold Liquidated Damages from payments to the CONTRACTOR
as such damages accrue, or, at COUNTY’s discretion, withhold Liquidated Damages from
any payments due or that become due pursuant to the Contract, including Retention and
final payment (pursuant to California Government Code §53069.85). A credit Job Order
shall be executed to assess liquidated damages.
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.
Exhibit A
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method
by which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the
right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations
in accordance with the terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law
and the rules and regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have
absolutely no right to employment rights and benefits available to COUNTY employees.
CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its
employees all legally-required employee benefits. In addition, CONTRACTOR shall be
solely responsible and save COUNTY harmless from all matters relating to payment of
CONTRACTOR'S employees, including compliance with Social Security withholding and
all other regulations governing such matters. It is acknowledged that during the term of this
Agreement, CONTRACTOR may be providing services to others unrelated to the
COUNTY or to this Agreement.
VIII. MODIFICATION:
Any matters of this Agreement may be modified from time to time by the written consent of
all the parties without, in any way, affecting the remainder.
IX. DISCREPANCIES:
Should the CONTRACTOR, at any time, discover a mistake in any of the Contract
Documents or any discrepancy therein or lack of appropriate information, the CONTRACTOR
shall not proceed with the work affected thereby until such correction has been made.
Exhibit A
In resolving conflicts resulting from errors or discrepancies in any of the Contract
Documents, the order of precedence shall be as follows:
1) Permits from other agencies as may be required by law.
2) Permits issued by the COUNTY.
3) Changes to Job Orders
4) Job Orders
5) Agreement
6) CONTRACTOR’s Bid
7) Addenda
8) General Conditions
9) Technical Specifications
10) Construction Task Catalog®
11) Reference Specifications
12) Instruction to Bidders
13) Notice Inviting Bids
X. NON-ASSIGNMENT:
Neither COUNTY nor CONTRACTOR shall assign, transfer or sub-contract this
Agreement nor their rights or duties under this Agreement without the prior written consent of the
other party.
XI. HOLD HARMLESS:
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request,
Exhibit A
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.
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-
Exhibit A
owned vehicles used in connection with this Agreement.
C. Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than
One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)
annual aggregate.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California
Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually
and collectively, as additional insured, but only insofar as the operations under this
Agreement are concerned. Such coverage for additional insured shall apply as primary
insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers,
agents and employees shall be excess only and not contributing with insurance provided
under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance written notice given to COUNTY.
Within Thirty (30) days from the date CONTRACTOR signs and executes this
Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as
stated above for all of the foregoing policies, as required herein, to the County of Fresno,
(Name and Address of the official who will administer this contract), stating that such
insurance coverage have been obtained and are in full force; that the County of Fresno, its
officers, agents and employees will not be responsible for any premiums on the policies;
that such Commercial General Liability insurance names the County of Fresno, its officers,
agents and employees, individually and collectively, as additional insured, but only insofar
as the operations under this Agreement are concerned; that such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance,
maintained by COUNTY, its officers, agents and employees, shall be excess only and not
Exhibit A
contributing with insurance provided under CONTRACTOR's policies herein; and that this
insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance, written notice given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage
as herein provided, the COUNTY may, in addition to other remedies it may have, suspend
or terminate this Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business
in the State of California, and such insurance shall be purchased from companies
possessing a current A.M. Best, Inc. rating of A FSC VII or better.
E. All-Risk Insurance On The Work
Contractor shall procure and maintain at Contractor's sole cost and
expense, Builders Risk Course of Construction insurance, including fire and vandalism
coverage, covering the entire work (including any County furnished material and
equipment) against loss or damage until completion and acceptance by the County. Such
insurance shall be for each Job Order in an amount up to the value of each Job and
endorsed for broad form property damage, breach of warranty, demolition costs, and
debris removal. Deductible not exceeding 5% of the cost will be permitted. Said policy to
cover Contractor, Contractor's subcontractors, the County, its agents, the awarding entity,
and any Trustee, under the indenture or trust agreement securing the bonds, certificates of
participation, or other evidences of indebtedness issued to finance the work contemplated
herein. The value of the policy shall be in U.S. currency.
F. Bonds
Payment Bond and Performance Bonds will be in place for all Job Orders in an
amount equal to the sum of any outstanding Job Orders.
CONTRACTOR shall ensure that any subcontractors or other agents used in
Exhibit A
fulfilling the terms and obligations of this Agreement shall have the same level of insurance
and indemnification required of CONTRACTOR.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually
and collectively, as additional insured, but only insofar as the operations under this
Agreement are concerned. Such coverage for additional insured shall apply as primary
insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers,
agents and employees shall be excess only and not contributing with insurance provided
under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance written notice given to COUNTY.
Within Thirty (30) days from the date CONTRACTOR signs and executes this
Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as
stated above for all of the foregoing policies, as required herein, to the County of Fresno,
(in compliance with the Notices section below), stating that such insurance coverages
have been obtained and are in full force; that the County of Fresno, its officers, agents and
employees will not be responsible for any premiums on the policies; that such Commercial
General Liability insurance names the County of Fresno, its officers, agents and
employees, individually and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned; that such coverage for additional insured
shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY, its officers, agents and employees, shall be excess only and not contributing
with insurance provided under CONTRACTOR's policies herein; and that this insurance
shall not be cancelled or changed without a minimum of thirty (30) days advance, written
Exhibit A
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 ($10,000.00), CONTRACTOR shall
be subject to the examination and audit of the Auditor General for a period of three (3)
years after final payment under contract (Government Code Section 8546.7).
XIV. NOTICES:
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY CONTRACTOR
COUNTY OF FRESNO _______________________
Facility Services Manager _______________________
Exhibit A
4590 E. Kings Canyon _______________________
Fresno, CA 93602 _______________________
Any and all notices between the COUNTY and the CONTRACTOR provided for or
permitted under this Agreement or by law shall be in writing and shall be deemed duly served when
personally delivered to one of the parties, or in lieu of such personal services, when deposited in the
United States Mail, postage prepaid, addressed to such party.
XV. GOVERNING LAW:
Venue for any action arising out of or related to, this Agreement shall only be in Fresno
County, California.
The rights and obligations of the parties and all interpretation and performance of
this Agreement shall be governed in all respects by the laws of the State of California.
XVI. DISCLOSURE OF SELF-DEALING TRANSACTIONS:
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-
profit or non-profit corporation) or if during the term of this agreement, the CONTRACTOR
changes its status to operate as a corporation.
Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR is providing goods or
performing services under this agreement. A self-dealing transaction shall mean a
transaction to which the CONTRACTOR is a party and in which one or more of its
directors has a material financial interest. Members of the Board of Directors shall disclose
any self-dealing transactions that they are a party to by completing and signing a Self-
Exhibit A
Dealing Transaction Disclosure Form (Exhibit D and submitting it to the COUNTY prior to
commencing with the self-dealing transaction or immediately thereafter.
XVII. ENTIRE CONTRACT:
This Agreement constitutes the entire Contract between the CONTRACTOR and COUNTY
with respect to the subject matter hereof and supersedes all previous Contract negotiations,
proposals, commitments, writings, advertisements, publications, and understandings of any nature
whatsoever unless expressly included in this Agreement.
Exhibit A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
day and year first hereinabove written.
COUNTY: CONTRACTOR:
COUNTY OF FRESNO .
By____________________________ By_______________________________
Brian Pacheco Print Name:
Chairman, Board of Supervisors Title
ATTEST: BERNICE E. SEIDEL, CLERK By_______________________________
BOARD OF SUPERVISORS Print Name:
Title:
BY______________________________
Deputy
APPROVED AS TO LEGAL FORM:
Daniel C. Cederborg, COUNTY COUNSEL
By_______________________________
Deputy
APPROVED AS TO ACCOUNTING FORM:
Oscar Garcia, CPA
AUDITOR-CONTROLLER/TREASURER-
TAX COLLECTOR
By_______________________________
RECOMMENDED FOR APPROVAL:
By_______________________________
Robert Bash, Director of Internal
Service/Chief Information Officer
Internal Services Department
By_______________________________
FOR ACCOUNTING USE ONLY:
ISD – Facility Services
FUND: 1045
SUBCLASS: 10000
ORG No.: 8935
Acct. No.: 7295
Exhibit A
G:\PUBLIC\RFQ\FY 2017-18\18-022 JOB ORDER CONTRACT\18-022 ADDENDUM 1.DOC
COUNTY OF FRESNO
ADDENDUM NUMBER: ONE (1)
RFQ NUMBER: 18-022
JOB ORDER CONTRACT
Issue Date: February 14, 2018
CLOSING DATE: MARCH 9, 2018 AT 2:00 P.M.
Submit all Questions and Quotations on the Bid Page at Public Purchase.
For assistance contact Darren Howard at (559) 600-7110.
NOTE THE FOLLOWING AND ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE
REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER: 18-022 AND INCLUDE THEM IN YOUR
RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR QUOTATION.
• The questions and explanation deadline for RFQ: 18-022, has been extended to February 20, 2018 @ 10:00am.
• A bid security in the amount of twenty five thousand dollars ($25,000), in the form of a bid bond must be submitted to
the Fresno County Purchasing Division, 4525 East Hamilton, Second Floor, Purchasing Lobby, Fresno, CA, 93702
before the closing date of March 09, 2018 @ 2:00pm. *Failure to submit the required bid bond may result in the entire
bid being deemed non-responsive.
• Also attached are the Power Point slides from the JOC Pre-Bid Conference held on February 13, 2018.
ACKNOWLEDGMENT OF ADDENDUM NUMBER ONE (1) TO RFQ 18-022
COMPANY NAME: (PRINT)
SIGNATURE:
NAME & TITLE: (PRINT)
Purchasing Use: DH:yj ORG/Requisition: 8935 / 1321801095
Exhibit A
Addendum No. ONE (1) Page 2
Request for Quotation Number: 18-022
February 14, 2018
G:\PUBLIC\RFQ\FY 2017-18\18-022 JOB ORDER CONTRACT\18-022 ADDENDUM 1.DOC
QUESTIONS & ANSWERS
Q1. Can we get a copy of the sign sheets?
A1. Please see the attached
Q2. Are we able to make copies of the CTC if not is there a fee for the books and what is the turnaround time to get the books?
A2. Inquiries regarding obtaining copies of the Construction Task Catalog should be directed to Nick
Jones of The Gordian Group.
Q3. On page 1 of the bidding documents there is a section regarding a cash discount in the past this has not been on the documents please advise?
A3. Verbiage regarding a cash discount on the front page of Volume One, does not apply to RFQ: 18-
022.
Q4. Is there going to be a bid opening?
A4. The public bid opening for RFQ: 18-022, will be held on March 9, 2018 @ 2:00pm. The opening will
be conducted at the Fresno County Purchasing Division, 4525 East Hamilton, Second Floor,
Purchasing Conference Room B, Fresno, CA, 93702.
Exhibit A
Exhibit ABID NO.: 18-022 -----------------DATE: February 13, 2018 Job Order Contract (JOC) JOB SITE INSPECTION VENDOR CONFERENCE BID OPENING COMPANY NAME COMPANY REPRESENTATIVE '12>\-?)l \--J s ~,/, /').>-iA COMPANY ADDRESS .:i;::-\2'.~1-..:;o CP q7:;12 Z. CITY/STATE/ZIP DESCRIPTION OF BID BID DUE DATE: BUYER: Mb--rt"""r@ ?u MAco"'1-co,"-"'-UFFtc'e.. €t'Uf\i\t,,.,~ON.. (.,:)!'Ji --------~........,,E---M.aA.,,.-IL-=A=o=oR=E=s=s-----+-----~ March 9, 2018 Darren Howard COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STA TE/ZIP E-MAIL ADDRESS PHONE NUMBER ~ 7~ 7 S" (,, t "7 °I FAX NUMBER PHONE NUMBER COMPANY NAME COMPANY NAME 72-twv~ tocr~ COMP Y REPRESENTATIVE COMPANY REPRESENTATIVE /O 2 c;: !-l2l /uj"'rl /k,iANY A••REss COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS E-MAIL ADDRESS ssq ·201-1-cz.s;oo SS:9-2-9 ,-(-yz,oo FAX NUMBER PHONE NUMBER FAX NUMBER PHONE NUMBER FAX NUMBER fo J Cm /n<L/,in u1/l COMPANY NAME 9oc:i v 60 I V tCU r a../ curl COMPANY_ REPR SENTATIV,f GV ...:.,Q(llC( lfvf.._ _ CITY/STATE(ZIP J CL r VVl.tV\ fVl ar ~ G: 0 0 t , ( c? lrV) E-MAI •DRESS Q:/-.3/3-DI~ O _<J;:1·-3S.3 --,Jc1J I PHONE NUMBER COMPANY NAME S~c~\ COMPANY REPRESENTATIVE COMPANY ADDRESS So~""' kv-'\Dlf\ 1 c_ A , '\~ S 1a ?i CITY/STATE/ZIP Kev\{) bl eo--<~\(_ -~~\e:cf c ( 0"' E-MAIL ADDRESS PD-54 Revised 8/05 PHONE NUMBER FAX NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER C:IUSERS\JAMISY\DESKTOPIFRONT DESK\PD-054 VENDOR CONF SIGN-IN.DOC
Exhibit ABID NO.: 18-022 ------------------DATE: February 13, 2018 Job Order Contract (JOC) JOB SITE INSPECTION VENDOR CONFERENCE BID OPENING / u:T11J Cf/uf?:/l--'17tJ11 . :I ,,;c COMPANY NAME 'trtJE lJ 4-t-fl{-COMPANY REPRESENTATIVE t 2:· 7 e c'L( //1/?J/J A~r:-,,... COMPANY ADDRESS ;/Jvs/1)~' (v?-9J77J CITY/STATE/ZIP /3-v!-<L77 5 (2 t!l:J: 7 !F, u;'«-E-MAIL ADDRESS PHONE NUMBER FAX NUMBER \ o \ 6!t.zccnJ ':!5r n,t;6Sr-J Q C~ ADDRESq ~ 7 z 0 ( CITY/STATE/ZIP E-MAIL ADDRESS DESCRIPTION OF BID BID DUE DATE: March 9, 2018 BUYER: Darren Howard COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS (b5'1) q40~ (tJCj(q (c;sc;) z,g3,--,zB<;o PHONE NUMBER FAX NUMBER PHONE NUMBER COMPANY NAME COMPANY NAME COMPANY REPRESENTATIVE COMPANY REPRESENTATIVE COMPANY ADDRESS COMPANY ADDRESS CITY/STA TE/ZIP CITY/STATE/ZIP E-MAIL ADDRESS E-MAIL ADDRESS PHONE NUMBER FAX NUMBER PHONE NUMBER COMPANY NAME COMPANY NAME COMPANY REPRESENTATIVE COMPANY REPRESENTATIVE COMPANY ADDRESS COMPANY ADDRESS CITY/STATE/ZIP CITY/STATE/ZIP E-MAIL ADDRESS E-MAIL ADDRESS PHONE NUMBER FAX NUMBER PHONE NUMBER FAX NUMBER FAX NUMBER FAX NUMBER FAX NUMBER PD-54 Revised 8/05 C:\USERSIJAMISY\DESKTOP\FRONT DESK\PD-054 VENDOR CONF SIGN-IN.DOC
Exhibit ABID NO.: 18-022 ----------------DATE: February 13, 2018 Job Order Contract (JOC) DESCRIPTION OF BID JOB SITE INSPECTION VENDOR CONFERENCE BID OPENING BID DUE DATE: --=M=a=r--=c=h--=92..., =20-=--1:.....::8=--------BUYER: Darren Howard _....:...;__..:...:...;_;....:...;__:..;:_;;._:_;:.::._ _______ _ COMPANY NAME CO PANY NAME L7&r=S.69LS COMPANY REPRESENTATIVE 0 ,' V\-1.. (Y'\,-1 Pot v-\L_ COMPANY REPRESENTATIVE 9'o/lD /.....) ~tZ AV£ COMPANY ADORESS f 3 rr 31 New ho r.e.-s+. OMPANY ADORESS Vtb/fu~ Cl+ 93zc;; CITY/STATE/ZIP b],tt,vi,le,vi G tt)V-e--CA 92-g lf-3 CITY/STATE/ZIP /YJ,977"; ~ ~~a,✓, C.0,,-v/ E-MAIL ADDRESS f /2u . fCA VlJ ifiJL A~f,c,-n. t: (/YY1 71'-I--'-/-oLf-017b PHONE NUMBER FAX NUMBER ~y ()-i-hi ll.J cor?i~c[b--3 I :fue..i Y/JaKJ(CL IA COMPANY REPRESENTATIVE' -------~=~= I V, 1-°I :C1 cl w;J-v, a.A W wy l ,/\ f . COMPANY ADDRESS ~f.1crc CA C/.3(gs·-q COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP C)Je Yllt°f..SW\)2..n2-ov1, n€.·-f E-MAIL ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS ~-tj i 1 v U u 1 c1 153 '1 6 7 Ct; '" ~ ld}O PHONE NUMBER FAX NUMBER PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY NAME w. b 1~N" REPR'ftr~t~~ COMPANY REPRESENTATIVE COMPANY ADDRESS COMPANY ADDRESS CITY/STATE/ZIP CITY/STATE/ZIP E-MAIL ADDRESS E-MAIL ADDRESS PHONE NUMBER FAX NUMBER PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS ~TY/STATE/Zif ' :J).e.S e.. L ~b dCD c,_ol'\. Con -M L DDRESS {~1~ 5 7g -Q] UL/ ~--CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER PHONE NUMBER FAX NUMBER PD-54 C:IUSERS\JAMISY\DESKTOP\FRONT DESK\PD-054 VENDOR CONF SIGN-IN.DOC Revised 8/05
2/14/2018
1
Job Order Contracting
Pre‐Bid Conference
February 13, 2018
Pre‐Bid Conference Agenda
•JOC Overview
•JOC Process
•Solicitation Details
•JOC Contract Documents
•Understanding the Construction Task Catalog® (CTC)
•Calculating the Bid
•Contractor Adjustment Factors
•Bid Considerations & Review
•Risk of Low Adjustment Factors
•Questions
Exhibit A
G@RDIAN ®
Building knowledge
G@RDIAN ®
2/14/2018
2
Job Order Contracting
•Firm, Fixed Priced, Competitively Bid, Indefinite
Quantity Contract
•Enable contractors to complete a substantial number of
individual projects with a single bid
•Tasks based on competitively‐bid, preset prices
Definition
Umbrella Contract
Exhibit A
G@RDIAN®
Part 1
Bidding the Umbrella Job Order
Contracting Contract
Owner Contractors Advertizes
Job Order Submit
Contracting Bids
Contract
G@RDIAN®
Part 2
) Owner
Owner Project A
Awards
) Subcontracting
Opportunities
Umbrella ) Owner ) Subcontracting
Job Order Project B Opportunities
Contracting
Contract ) Owner ) Subcontracting
Project C Opportunities
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3
The Process
Why JOC Works For County of Fresno
•A Fixed Priced, Fast Track Procurement Process
•Job Orders are Lump Sum to complete the Scope of Work
•The Ability to Accomplish a Substantial Number of Individual Projects with a Single
Competitively Bid Contract
•Contractors Ready to Perform a Series of Projects at Different Locations for Competitively Bid
Prices
•Contractor Has A Continuing Financial Incentive To Provide
•Responsive Services
•Accurate Proposals
•Quality Work on Time
•Timely Close Out
•Future Purchase Orders Tied to Contractor Performance
•No Obligation To Award Specific Projects
•The County can Use All Other Methods For Accomplishing Projects
Exhibit A
G @RDIAN®
G @RDIAN®
2/14/2018
4
Why JOC Works For Contractors
•Good work is rewarded with more work
•Profit is a function of volume
•Volume is driven by performance
•JOC provides a steady flow of work
•Win a higher percentage of proposed projects
•Easier process for project proposals
•Long‐term relationship with County of Fresno
•Good work is rewarded with more work
•Develop partnership with the County
•Ability to leverage Subcontractor and Supplier relationships
Why JOC Works For Contractors
•Reduced Risk
•Fixed prices
•No negotiations
•Payment for every element of work performed
•Ability to provide input during scope development
•Eliminates quibbling over change orders
•Reduced chance of claims
•Build bond capacity
•Larger presence and enhanced reputation in the local community
Exhibit A
G @RCIAN ®
G @RCIAN ®
2/14/2018
5
Solicitation Details
•Prior to Bidding the County of Fresno Cannot:
•Identify or Commit to any Specific Project or Location
•Identify or Commit to any Specific CTC Tasks or Quantities
Contract
License Contract Type
Minimum
Contract
Value
Maximum
Contract
Value
Maximum
Value may be
increased to
legislative limit
Contract Term
Payment
&
Performance
Bonding
(Each)
B General
Construction $25,000 $2,000,000 $4,500,000 1 Year $2,000,000
•The County intends to award up to four (4) contracts with the following
attributes:
The Gordian Group will be reviewing all proposals for compliance with the “Big Note”
and the Scope of Work.
Solicitation Details
Projects may be at any location
within the County of Fresno
Exhibit A
G @RDIAN®
=---=----=. --= ---=:,..
G @RDIAN®
2/14/2018
6
Contract Documents
•Front end documents
•Construction Task Catalog®
•Technical Specifications
Front End Documents
•Volume One:
•Bid Forms
•Volume Two:
•Invitation to Bid
•Instructions to Bidders
•General Conditions
•Attachments
Exhibit A
G@RCIAN ®
G@RCIAN ®
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 11-022
JOB ORDER CONTRACT
VOLUME ONE (1 ) ___ ,,_, .... "
C--.~IUtJICllt,.Jl\t••l:N••
--·--·------·--·-------
-===------~-----
COUNTY OF FRESNO
REOUE.ST FOR QUOTAT ION
N UMaot: 11-0ll ,.,. _ _,,...,.
,.._.,n.1011 -W•=--...
a--.. --_._ ....... ..., .. ._,a-1, c-.--................ ...., _ __..,._ .. . ___ ....
DO NOT RETURN THIS VOLUME
WTT1i VOLUME ONE (1)
2/14/2018
7
Construction Task Catalog®
•Catalog of Pre‐Priced Construction Tasks
•Organized by Construction Specifications
Institute (CSI)
•Based on Local Labor, Material & Equipment
Costs
•The tasks represent the “Scope of Work” for
the contract
Understanding the
Construction Cost Catalog®
•Contractor must review and understand “Using the
Construction Task Catalog®”
•Rules of the game
•Make sure you get paid for all appropriate tasks
•Pages 00 – 1 to 00‐8 of the CTC
•This along with line item notes is the basis for
determining an accurate proposal.
Exhibit A
G@RDIAN®
G@RDIAN®
G e ROIAN'
"'
·--·-- -·""=:--·--· ::==::;::::.::..~= ·::·-··--
. g.~---~i -=::.----.. -----= . -::.:::.-----
' ... _ .. ___ . __ _ ___ ,. __ _ ·--------______ ...
-·-----·-_ ____ ,.._.,_ -·-----_____ .. _
·--.. --·· ______ ... ------
2/14/2018
8
Construction Task Catalog®
Understanding the
Construction Cost Catalog®
32 16 23 00-0002 4” Cast In Place Concrete Sidewalk SF $5.06 400 $2,024.00
For Quantities 100 to 500, Add SF $2.04 400 $816.00
32 11 16 00-0015 4” Crushed Aggregate Base SF $0.63 400 $252.00
For Quantities Under 1000 SF $0.18 400 $72.00
01 71 13 00-0003 Mobilize Backhoe EA $402.63 1 $402.63
31 23 16 36-0006 Excavation by Backhoe CY $3.75 11 $41.25
For Quantities Under 20 CY, Add CY $3.75 11 $41.25
31 23 16 36-0028 Loading Excess Materials CY $3.42 13.75 $47.03
For Quantities Under 20 CY, Add CY $3.42 13.75 $47.03
01 74 19 00-0029 Hauling to Dump Site CYM $0.51 207 $105.57
01 74 19 00-0021 Landfill Dump Fee CY $15.14 13.75 $208.18 $4,056.93
/400
$10.14
Compare these prices
Include All Appropriate Tasks:
* Sample only
Exhibit A
G@RDIAN®
'
I
I
I
I
I
I
I
I
G@RDIAN®
,.. ...
"' ... ,,., .,,.
~ .. ...
'" "" ,., ,,,
I..--"""
, ,,
2/14/2018
9
Non Pre‐Priced Tasks
•Contractor must have permission from the County to use a Non Pre‐priced Task prior to submission
•Three (3) Quotes on vendors’ or subcontractors’ letterhead
•Justification for less than three (3) Quotes
•Contractor is paid the amount in the following formula:
A= The number of hours for each labor classification and hourly rates
B= Equipment costs (other than small tools)
C= Three independent quotes for all materials
•Total Cost for self‐performed work = (A+B+C) x 15% (Only if A & B cannot be priced out of the CTC)
D = Subcontractor Costs (supported by three quotes)
•Total Costs of Non Pre‐Priced Task = D x 15%
Solicitation Details
Internet Based Software
Provided with Contract
•eGordian®Software Expedites
the Job Order Process
•Price Proposals
•Subcontractor Lists
•Training provided
Exhibit A
G@RCIAN ®
--&.:;:-------.. ..,.---?f-.'.:=i·
G@RCIAN ®
2/14/2018
10
1 % Contractor License Fee
•Access to eGordian®, Construction Task Catalog®, other proprietary materials
•Most advanced technology and data in the marketplace.
•Paperless
•Efficient
•Tasks and prices input directly... no fishing through old files and estimating books
for costs
•JOC process training
•eGordian®software training
•24‐hour support software support.
•Included in the Contractor’s Adjustment Factor
•Consider with the Bid as an Overhead cost
•1% of Job Order Price
Technical Specifications
•Specifies Quality of Materials and
Workmanship
•Corresponds with Tasks in the
Construction Task Catalog®
Exhibit A
G@RDIAN®
G e RDIAN"
G@RDIAN®
2/14/2018
11
Bidding Process
•Award Based on Competitive Bid
•Must Bid 4 Adjustment Factors:
•Normal Working Hours: 7:00 am to 5:00 pm Monday to Friday
•Other Than Normal Working Hours: 5:00 pm to 7:00 am Monday to Friday, and all day Saturday, Sunday
and Holidays
•Normal Working Hours, Federally‐funded Job Orders: 7:00 am to 5:00 pm Monday to Friday
•Other Than Normal Working Hours, Federally‐funded Job Orders: 5:00 pm to 7:00 am Monday to Friday,
and all day Saturday, Sunday and Holidays
•All 4 Adjustment Factors Apply to All Tasks in the CTC
•Each Adjustment Factor is Weighted to Create an Award Criteria Figure
•Lowest Award Criteria Figure From a Responsive, Responsible Bidder is Determined to be the Lowest Price
Solicitation Details
•Differing Site Conditions or Changes in Scope
•Priced from Construction Task Catalog®
•Supplemental Job Order
•No Negotiated Change Orders
•Filings and Permits
•Fees paid for all Permits reimbursed 100% ‐ No Markup
•Liquidated Damages
•On a Job Order ‐ by ‐ Job Order basis
•Value to be determined by the County
•Bid Security: $25,000
Exhibit A
G @RCIAN ®
G @RCIAN ®
2/14/2018
12
Method to Calculate Adjustment Factor
•Use Historical Project Data
•Select a Completed Project
•You Know Scope and Direct Costs
•Price Project From CTC
•Add on Overhead and Profit
•Calculate the Adjustment Factor
Sample Project: Detailed Scope of Work
•Interior Renovation
•Doors and Hardware
•Replace 12 interior doors, hinges and hardware
•Doors shall be 3x7, solid core wood doors
•Grade 2 locksets with knobs
•Replace 2 push bar exist devices and door closers on exit doors
•Interior Lighting
•Replace all lay‐in troffer fixtures on first and second floors. 48 in total
•Replace 4 exit fixtures
•Replace 12 industrial fixtures in shop area
•Plumbing Fixtures
•Replace 8 bathroom sinks, 8 faucets, and 8 toilets in men’s and women’s bathroom in admin
building and shop area
•Replace 4 water fountains
•Replace Boiler
•Demo existing boiler and as much piping and venting to accommodate new boiler. Install a new
1028 mbh oil fired cast iron boiler. Weil‐McLain Model 88. No access for packaged boiler. Must
field assemble sections. Provide new piping as required.
•Normal Working Hours Apply
Exhibit A
G @RCIAN ®
G @RCIAN ®
2/14/2018
13
Sample Price: CTC vs. Quote
Direct Cost of Work from
Quotes or Estimates
•Replace Boiler $ 33,055.73
•Doors/Hardware $ 8,282.09
•Lighting $ 13,119.77
•Plumbing $ 11,886.53
TOTAL = $ 66,344.12
•Replace Boiler $ 34,500.00
•Doors/Hardware $ 7,250.00
•Lighting $ 12,750.00
•Plumbing $ 10,500.00
TOTAL = $ 65,000.00
Direct Cost of Work from
CTC
Sample Price: Putting it all together
•A. Direct Cost of Work from Quotes $65,000.00
•B. Overhead 10%* $ 6,500.00
•C. Subtotal (Cost & O/H) $71,500.00
•D. Profit 10%* $ 7,150.00
•E. Subtotal (Cost & O/H & Profit) $ 78,650.00
•F. Price From CTC $66,344.12
Adjustment Factor (= E / F) = 1.1855
*Sample Only. Contractor to determine O/H & Profit.
Prepare this calculation for more than one sample project.
Exhibit A
G @RCIAN ®
G @RCIAN ®
2/14/2018
14
Contractor Adjustment Factor
Importance of Adjustment Factors
•Determines Winning Bidder AND
•Used to Price Individual Job Orders
•Price Proposal Total Becomes the Lump Sum Job Order Amount
Risks of Low Adjustment Factor
•Leads to Arguments in Proposal Review or Reassignment of Project
•Unsupportable Tasks
•Exaggerated Quantities
•Leads to Delays in Work Order Development
•Takes Longer to Review Proposals
•Creates an Adversarial Relationship
•Reduced Volume of Work
•Will Shorten Contract
•Lost Profitability
•No Second Chance to Improve your Margin
Exhibit A
Unit Price X Quantity X Adjustment Factor Total for Task
+
Unit Price X Quantity X Adjustment Factor Total for Task
+
Unit Price X Quantity X Adjustment Factor = Total for Task
Total Job Order Price
G@RDIAN®
G@RDIAN®
2/14/2018
15
Bid Considerations
•Contractors Should Expect To
•Prepare Incidental Drawings or Sketches for Some Projects
•Justify Quantity Calculations during Proposal Review
•Explain Detail of Work in Proposal User Notes
•Prepare Proposals for Some Projects That Might be Canceled
•Margins on CTC Tasks Vary
•Some Projects are More Profitable than Others
•Maintain a Fully Functioning Office Near the County of Fresno
•Hold Required Licenses
•Meet participation goals on Federally‐funded Job Orders
•Pay 1% of each Job Order as a Contractor License Fee for eGordian® software
access.
Bid Form
* Sample only
1 . 1 8 5 5
ONE POINT TWO ZERO ZERO ZERO
1 . 2 0 0 0
1 . 2 1 1 0
1 . 2 1 2 5
ONE POINT ONE EIGHT FIVE FIVE
ONE POINT TWO ONE ONE ZERO
ONE POINT TWO ONE TWO FIVE
Exhibit A
G@RDIAN®
G@RDIAN®
Item 1-Unit work requirements to be performe d during Normal Working Hours for non-
federally funded Projects as ordered by the County in individual Job Orders against the
contrac t. r.~; __ ! -----------------------------------·······------------------·
~ -----; utilize four decimal places -----------------·······································i
r··--: Bid for Normal Working Hours -in words
Item 2- Unit :ark :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. (Nole: Item 2 may not be lower than ttem 1.)
L~-__ : :
, : Ublize four decimal places : ~ ! !
~----! Bid for Other Than Normal Working H<Jurs -in words !
Item 3-Unit ~ark ~equirements to be performed during Normal Working Hours for
federally funded Projects as o rdered by the County in individual Job Orders against the
contract. (Nole: Item 3 may not be lower t han ttem 1.)
: 3 . T ! f----f utila:e four decimal piaces --------------·······-----------------------------------;
r-··-: Bid for Normal Working Hours -in words
Item 4. Unrt ~ork !requirements to be performed during Other Than Normal Working ·······j
Hours for federally funded Projec ts as ordered by the COUNTY in individual Job Orders
against the contracl (Note: ttem 4 may not be lower than It em 1)
: 4 : 7 ! .. .: .. ; UbUze four decimal plaoes ;
~ ..... ; Bid for Other Thsn Normal Working Hal.M's • in words :
l .... : ....................................................................................... :
2/14/2018
16
Bid Form
1 . 1 8 5 5
1 . 2 0 0 0
1 . 2 1 1 0
1 . 2 1 2 5 0 . 0 6 0 6
0 . 1 2 1 1
0 . 2 4 0 0
0 . 7 7 0 6
1 . 1 9 2 3
Review of Key Points
•Focus on Total Potential Value of Contract
•Maximum Contract Value of $2,000,000
•Evaluate Construction Task Catalog®
•Analyze Unit Prices
•Know the General Guidelines for Using the CTC
•Contractor Performance Drives Volume
•Ability to Market Program and Services
•Responsive Service
•Accurate Proposals with good User Notes helping to “tell the story” of the project
•Safe and Clean Project Sites
•High Quality Construction
•On‐Time Completion
•On Time Close Out
Exhibit A
Award Cri teria Formula:
:_ ___ :_A----------------------------+---x ____ ( B _______________________ ( ___ = ____ ( c ----------------------------------1 ! ! A djustment Factor from i i Adjustment Factor i i Percentage of Adj ustment !
i i Above i i Multipli er for i i Fac tor lo be use<! in i
! ! ! ! Eval uation ! ! ~:~~~o; decimal places) ! : ----: -------------------------------t---------r--------------------------r---------r-------------------------------------1
I 1 . I I X I .65 I = I I H ::: : ....................... : :; r~·~~=~·:: : :r t ......................... .. .:
I J . I I X I .10 I = I !
r----j_ Line 3 ----------------------t --------t-------------------------t--------: _____________________________________ ]
! 4 ! I X I 05 I = I !
[_t_~:~~-~-----------------------j~~~~~~~~r~~~~=~:::t~::~:=r~~ 1-------------------------------------1
G@RDIAN®
G@RDIAN®
2/14/2018
17
Bids
•Complete and submit the following as your Bid:
•COVER PAGE OF RFQ # 18‐022 VOLUME I
•DISCLOSURE – CRIMINAL HISTORY & CIVIL ACTIONS CERTIFICATION
•REFERENCE LIST
•DIR REGISTRATION ACKNOWLEDGEMENT
•BID SHEET
•SIGNATURE PAGE ‐ READ THE NOTICES AND NOTES
•BID SECURITY (BID GUARANTEE)
•NON COLLUSION AFFIDAVIT
•GUARANTY OF WORK
•Optional for bidder to complete and return with bid.
Bids
Bids due: March 9, 2018 at 2:00 PM
Each bid shall be submitted electronically in pdf format on the
Public Purchase website.
Exhibit A
G @RCIAN ®
G @RCIAN ®
2/14/2018
18
Questions
•Make Sure you Signed the Pre‐bid Sign‐In Sheet
Questions regarding the meaning or interpretation of the Bid Documents
must be requested in writing by:
10:00am, February 14th, 2018
and directed to Darren Howard at dhoward@co.fresno.ca.us or on the
Public Purchase website.
Exhibit A
G @RCIAN ®
G:\PUBLIC\RFQ\FY 2017-18\18-022 JOB ORDER CONTRACT\18-022 ADDENDUM 2.DOC
COUNTY OF FRESNO
ADDENDUM NUMBER: TWO (2)
RFQ NUMBER: 18-022
JOB ORDER CONTRACT
Issue Date: February 20, 2018
CLOSING DATE: MARCH 9, 2018 AT 2:00 P.M.
Submit all Questions and Quotations on the Bid Page at Public Purchase.
For assistance contact Darren Howard at (559) 600-7110.
NOTE THE FOLLOWING ADDITIONS, DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF
REQUEST FOR QUOTATION NUMBER: 18-022 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN
AND RETURN THIS ADDENDUM WITH YOUR QUOTATION.
Q1. How will the bids be read and opened at the time of bid opening?
A1. Bids will be opened and read publicly on March 9, 2018 @ 2:00pm, at the Fresno County Purchasing Division, 4525
East Hamilton, Fresno CA, 93702, Second Floor, Purchasing Conference Room B. The bid responses will be retrieved
from the Public Purchase site, and each Award Criteria Figure will be read aloud. Bidders or their authorized agents are
invited to be present.
ACKNOWLEDGMENT OF ADDENDUM NUMBER TWO (2) TO RFQ 18-022
COMPANY NAME: (PRINT)
SIGNATURE:
NAME & TITLE: (PRINT)
Purchasing Use: DH:yj ORG/Requisition: 8935 / 1321801095
Exhibit A
Exhibit B
COUNTY OF FRESNO
REQUEST FOR QUOTATION
NUMBER: 18-022
JOB ORDER CONTRACT
VOLUME ONE (1)
Issue Date: January 29, 2018
Closing Date : MARCH 9, 2018 AT 2:00 P.M.
All Questions and Quotations must b e electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Darren Howard at Phone (559) 600-7110.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached response at the prices and terms stated in this RFQ.
Bid must be signed and dated by an authorized officer or employee.
Except as noted on individual items, the following will apply to all items in the Quotation Schedule:
• A cash discount of
Haus Construction , Inc.
______ % ______ days will apply Coun ty does not accept terms less than 15 days.
COMPANY
1401 Fulton Street, Suite 611
ADDRESS
Fresno
C ITY
(559) 233-2850
FACSIMILE NUMBER
CEO
TITLE
CA 93721
STATE ZIP CODE
zach@hausconinc.co m
E-MAIL ADDRESS
Purchasing Use :dh ORG/Requisition: 893511321801095
G:\Public\DOC\Jmeot Templates In POF\RFO Template 01032018 doc
G:IPUBLICIRFQIFY 2017-18\18-022 JOB ORDER CONTRACn18-022 JOB ORDER CONTRACT -VOL 01
2018 -GV2 FINAL (003).OOC
11 PD-010 (10/13)
Exhibit B
Quotation No. 18-022
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 is instructed to return Volume One with all information , signatures, bid guarantee etc.
Volume Two, although applicable to the vendor's bid , should not be submitted.
January 2018 County of Fresno Page P-1
Exhibit B
Quotation No. 18-022
DISCLOSURE -CRIMINAL HISTORY &
CIVIL ACTIONS
In their proposal, the bidder is required to disclose if any of the following conditions apply to
th em , their owners, officers, corporate managers and partners (he reinafter collectively referred
to as "Bidder"):
• Within the t hree-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 t ran saction
(federal, state, or local) terminated for cause o r default.
Disclosure of the above information will not automatically eliminate a Bidder from consideration .
The Information will be considered as part of the determ ination of whether to award the contract
and any add itional information or expl anation th at a Bidder elects to submit with the disclosed
Information will be considered . If it is later determined that the Bidder failed to d isclose req uired
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 m ust 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.
January 2018 County of Fresno Page P-2
Exhibit B
Quotation No. 18-022
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 exp lanation 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 ava ilable 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 chang ed 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.
January 2018 County of Fresno Page P-3
Exhibit B
Quotation No. 18-022
CERTIFICATION
(1) The prospective primary participant certifies to the best of its knowledge and belief, t hat it, its
owners, officers , corporate managers and partners:
(a) Are not presently debarred, suspended , proposed for debarment, declared ineligible , or
volu ntarily 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 obtain ing , 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 sta tements , 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.
Signat ure: Date:
March 8, 2018
Haus Construction. Inc.
(Name of Agency or Company)
January 2018 County of Fresno Page P-4
Exhibit B
Quotation No. 18-022
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 o r performing services
under the agreement with the County. A self-dealing transact ion shall mean a transaction to
which the Contractor is a party and in which one or more of its directors has a material financial
in terest. Members of the Board of Directors shall disclose any self-dealing transactions t hat 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 transacti on or
immediately thereafter.
January 2018 County of Fresno Page P-5
Exhibit B
Qu otatio n No. 18-0 2 2
PREVAILING WAGES
PREVAIL ING WAG E S: 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/oprl/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 t he 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 re quirements of Labor
Code sections 1771 , 1811 and 1815 for any work performed by its employees on this public
work project. The:,e records sna11 oe 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.
January 2018 County of Fresno Page P-6
Exhibit B
Quotation No. 18 -022
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 C le rk 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 property registered appren tices upon public works. Every
such appren tice 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 h e/she is registered.
C. Only apprentices, as defined in Section 3077 , who are in t raining under app renticeship
standards and written apprentice agreements under Chapter 4 (commencing at Section
3070), Division 3 , of the Labor Code, are elig ible to be employed on public works. The
employment a n d training of each apprentice shall be in accorda nce 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, t h e County will require that, for certain
specified projects, as identified by the County in the Req uest for P roposal 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 t ier on th is Project, are performed by q ualified participants in state
approved apprenticeship programs who also are current or former "Welfare-to-Work"
participant s in the CalWORKs program.
Provided , that this Paragraph D sha ll not apply to any projects that are federally funded in
whole or ln part, or to any projects that fall w ithin the definition of ''maintenance work" as that
term is defined in California Public Contract Code§ 22002(d); and each p roject 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 t h e
ob ligation of the Contractor and each subcontractor to comply fu lly 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 .
January 201 8 County of Fresno
Exhibit B
Quotation No. 18-022
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR OUOTATION.
Firm: Haus Constructio n, Inc.
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided
similar products/services. If you have held a contract for similar services with the
County of Fresno within the past seven (7 ) years , list the County as one of your
cu stomers. Be sure to include all re quested information .
Reference Name: _C_o_un_ty,__of_F_re_s_n_o_ln_te_r_n_al_S_e_rv_ic_e_s_ Contact: Keith McBride
Address: 4590 E Kings Ca nyon Rd
City : ------"'-F'-"re=s=no"'--___________ State: __ C"'-A'---__ Zip: 93702
Phone No.: ( ..§filL} --6..;;..oo"----72;c..4=6 ______ Date: 2016-2018
Service Provided: General Construction un der JOC Contract
Refe rence Name: ..;C::.;o:.::uc.:.n::.;.ty-=oc:...f .:....F r:..::e.::csnc:.:o::..;Pc.:.u:.:bc:;.lic.::...:..W:..::o.:.:.rk=s---Contact: Reymundo Peraza
Address: 2220 Tulare Street 8th Floor
City: _____ __,_F..:.;re:.::s:.:.:n.:.o ____________ State: _:::;C:..:A __ Zip: 93721
Phone No.: ( ~) ...,6""0""'0-4.CL4"-'1_,,_o ______ Date: 2017-2018
Se rvice Prov ided : General Construction under JOC Contract
Reference Name : Thomason Deve lo~ment Contact: Cheri Geers
Address: 7090 N Marks Suite 102
City : Fresno State: CA Zip : 93711
Phone No.: ( ..§.§.L_) 432-1600 Date : 2017-2018
Service Provided: General Construction for Tis
Reference Name: Tutelian & Comeany Contact: Cliff Tutelian
Address: 1401 Fulton Street Suite 210
City : Fresno State: CA Zip: 93721
Phone No.: (~) ~§!HQQQ Date: 2017-2018
Se rvice Provided: General Construction for Tis
Reference Name : Civic Center Sguare, Inc. Contact: Michelle Tutelian
Address: 906 N Street
City: Fresno State: CA Zip: 93721
Phone No .: ( .ML) 485-4700 Date: 2017-2018
Service Provided: Floorin
Failure to provide a list of at least five (5) customers may be cause for rejection
of this RFQ.
Jan uary 2018 County of Fres no Page P-8
Exhibit B
Quotation N o. 18-022
DIR ACKNOWLEDGEMENT
I acknowledge in accordance with labor Code Sections 1725.5 and 1770-1777.7 , that I have registered
with the Department of Industrial Relations (D IR) and all Certified Payroll Records will be uploaded to the
DIR Website. Any additional requirements that materialize from the SB854 legislation will be complied
with. Attached is verification of the DI regis ti
1000040312
DIR Number
CONTRAC T O R'S LI CENS E:
Bidder to possess appropriate license for the project in accordance with current regulations/statutes.
The bidder shall possess a current State of California contractor's License, Class B or another license
class that covers the work to be performed. The proposal must indicate the license held by the bidder,
which enables him/her to perform the work .
Numbe r and C lass: 1012660, Class B
Date of Issue: April 5, 2016
Bidder must also submit verification of Contractor's License from the Department of Consumer Affairs -
Contractors' State License Board . Failure to submit verification may result In bidder's response being
considered non-responsive.
If the license 1s other than a Class B , the bidder must explain why his/her license(s) is acceptable. The
County will review and determine if acceptable.
January 2018 County of Fresno Page P-9
Exhibit B
CONTRACTORS STATE LICENSE BOARD
Contractor's License Detail for License# 1012660
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this
information, you should be aware of the following limitations.
CSLB complaint disclosure 1s restricted by law (B&P 7124.6) If this enllty Is subjecl to public complaint d1sclosure, a link for complaint disclosure will appear below. Click on the
link or button to obtain complaint and/or legal action Information.
Per B&P 7071 .17 , only construction related civil judgments reported lo the CSLB are disclosed.
Arbitrations are not hsted unless the contractor ra,ts lo comply with the terms of the arbtlrat,on.
Due to workload, there may be re levant information that has not yel been entered onto 1he Board's license database.
This license is current and active.
~II Information below should be r eviewed.
B • GENERALBUILDING CONTRACTOR
Data current as of 3/8/2018 10:53:01 Ar.I
Business Information
HAUS CONSTR UC TION IN C
PO BOX 6139
FRESNO, CA 93703
Business Phone Number:(559) 994-0853
Entity Corporation
Issue Date 04/05/2016
Expire Date 04/30/2018
License Status
Classifications
Bonding Information
Contractor's Bond
!This license filed a Contractor's Bond with WESCO INSURANCE COMPANV:-
Bond Number: 652523C
Bond Amount: $15,000
!Effective Date: 03/07/201 8
Contractor's Bond History_
Bond of Qualifying Individual
iThe qualifying individualMARC BRIAN KERKOCHIAN certified that he/she owns 10 percent or more of the voting
tock/membership interest of this company: therefore , the Bond of Qualifying Individual is not required.
Effective Date: 04/05/2016
Workers' ComP.ensation
This license has workers compensation insurance with the INSURANCE COMPANY OF TH E WEST
l
Policy Number:WSD5033273-00
Effective Date: 04/01/2016
Expire Date: 04/01/2018 _________ _
Personnel listed on this license (current or disassociated) are listed on oth er licenses.
Exhibit B
c::Jca CONTRACTORS
STATE LICENSE BOARD
ACTIVE LICENSE
1012660 ··-CORP
HAUS CONSTRUCTION INC
----04/30/2018 WWW o,lb ca gov e
Exhibit B
Quotation No. 18-022
BIDDERS' REQUIRED DOCUMENTS
Beca use of numerous technical irregularities res ulting in rejected bids for recent projects, the following
checklist is offered for the bidde rs' 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 sig nature) may resu lt in an irregular bid.
Complete and submit the following with your bid :
COVER PAGE OF RFQ # 18-022 VOLUME I
DISCLOSURE -CRIMINAL HISTORY & CIVIL ACTIONS CERTIFICATION
REFERENCE LIST
DIR REGISTRAT ION ACKNOWLEDGEMENT
BID SHEET
Bidder name on each sheet Number for each Adjustment Factor. Make no additions such as "plus tax", "plus
freight", or conditions such as "less 2% if paid by 15th". Use black ink or typewriter . Ac knowledge addenda .
SUBCONTRACTOR LIST
Bidders are not requi red to submit a list of subcontractors with their bids as the Job Order Contract is an
Indefini te 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 al l subcontractors With all Proposals for
individual Job Orders.
SIGNATURE PAGE -READ THE NOTICES AND NOTES
Indicate type of bid security provided.
Prov ide 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.
Individu al -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
January 2018 Cou nty of Fresno Page P-10
Exhibit B
Quotation No. 18 -022
If signature is by a Branch Manager, Estimator, Agent. etc., the bid must be accompanied by a power
of attorney authorizing the indi vidual to sign bids, otherwise the bid may be rejected .
Business Address -Firm 's Street Address
Mailing Address -P.O. Box or Street Address
BID SECURITY (BID GUARANTEE)
Twenty Five Thousand Dollars ($25 ,000.00). Submit wfth your bid.
Type of Bid Security :
Cash ier's or Certified Checks -Will be held untrl the bid Is no longer under consideration . If submitted
by a potential awardee , they wil l 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 comp leted , signed , and returned with bid .
GUARANTY OF WORK
Optional for bidder to complete and return wlth bid .
OTHER
Bidders must electronically submit bid package In pdf format , no later than the quotation closing date and time
as stated on the front of this document , to the Bid Page on Pub lic Purchase . The County will not be
responsible for and will not accept late bids due to slow internet connection or incomplete transmissions.
Bids received after the closlng time will NOT be considered .
J anuary 2018 County of Fresno Page P-11
Exhibit B
BIO SHEET
•uotatian No. 18-022 BIDDING DOCUMENTS
BIDDER: Haus Construction Inc.
SOLICITATION NO.: 18-022
PROJECT: Job Order Con tract
The bidder, declares that the only persons, or parties interested in this bid as prfncl pals 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 1he 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
Addendum #1 Addendum #2 , 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 0 .8550
Utilize four decimal places
Zero point eight five five zero
81d 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. 0 .8750
Utilize four decimal places
Zero point eight seven five zero
Bid for Other Than Normal Working Hours -in wo rds
January 2018 County of Fresno Page P-12
Exhibit B
BIO SHEET
Quotation Na .18-022 BIO•ING O•CUMENTS
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 . 0.8550
Utilize four decimal places
Zero point eight five five zero
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 . 0.8750
Utilize four decimal places
Zero point eight seven five zero
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:
A = C
1 . 0.8550
Line 1
2 . 0 .8750
Line 2
= 0 .1750
3. 0.8550 = 0.0855
Line 3
4 . 0.8750
Line 4
= 0.0438
5. Awa rd Criteria Fig ure: 0 .8601 __ .;.,;..;.,;_ ______ _
Notes to Bidder.
January 2018 County of Fresno Page P-13
Exhibit B
BID SHEET
Quotation Na .18-022 BIDDING DOCUMENTS
1. Specify lines 1 through 5 to four (4) decimal places. Use conventiona l 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 a re 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 2018 County of Fresno Page P-14
Exhibit B
SIGNATURE PAGE
Quotation No. 18-022 Bl ••ING DOCUMENTS
BIDDER: HaLrs Construction, Inc.
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 (10) days after the award of the contract, the Awarding Authority,
at its option, may determine that the bidder has abandoned the contract , and th ereupon 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.: 18-022
Accompanying this bid is security (check one only) in amount equal to Twenty-Five Thousand
Dollars ($25,000.000):
Bid Bond ( X ---); 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 inte rested 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:
Haus Construction, Inc.
1401 Fulton Street, Suite 611
Fresno, CA 93721
Licensed in accordance with an act providing for the registration of Contractors ,
Class B ------License No . _1_0_1_2_6_6_0 ___ Expires April 30, 2018
(Furnishing Contractor License information as part of this bid is optional and is requested to
facilitate verification f i
Marc h 8 , 2018
Bidder Dated
January 2018 County of Fresno Page P-15
Exhibit B
Quotat ion No. 18-022 BIOOING OOCUMENTS
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-partne rship, 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: 1401 Fulton Street, Suite 611 Zip Code: _9_3_7_21 _______ _
Mailing Address: 1401 Fulton Street, Suite 611
City: Fresno
Phone No.: (~ ) _94_0_-1_8_9_6 _____ Fax No.:
January 2018 County of Fresno
State: CA
( 559
Zip: 93721
233-2850
Page P-16
Exhibit B
Quotation No. 18-022
PROJECT: Job Order Contract
SOLICITATION NO.: 18-022
Purchasing Department, County of Fresno:
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID •
Marc Kerl<ochian
(Printed or Typed Name)
being first duly sworn , deposes and says that he or she is
CEO
(Owner, Partner, Corporate Officer (list title), Co-Venturer)
of Haus Construction, Inc.
(Bidding Entity)
BIDDING DOCUMENTS
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 refra in from bidding ; that the bidder has not in any manner, directly or indirectly,
sought by agreement, communicatio n, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead , profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the bid
are true; and. further. that the bidder has not, directly or Indirectly , submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto. or paid, and will not pay, any fee to any corporation , partnership, company association,
organization , bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
March 8, 2018
(Dated)
Code Section 112)
(Ca lif 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 .
January 2018 County of Fresno P age P-1 7
Exhibit B
•uotat ion No. 18-022
PROJECT: Job Order Contract
SOLICITAT ION NO.: 18-022
BIOOING DOCUMENTS
CERTIFICATION WITH REGARD T O THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS .
The Contractor or proposed subcontractor, ______________ _
hereby certifies that he/she "ha~articipated in a previous contract or subcontract
subject to the equal opportunity clause, as requ ired by Executive Orders 10925, 11114, or
11246, and that he *<has o~ filed with the Joint Reporting Committee, the Director of
the Office of Federal Contract Compliance, a Federal Government contracting or administering
agency, or th e former President's Committee on Equal Employment Opportunity, all reports due
under the applicable filing requirements.
By: Marc Kerkochian
C
(Title)
Date: March 8 2018
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 on ly contracts or subcontracts of $10,000 or
under are exempt.)
Cu rrently, Standard Form 100 (EEO-1) is the o nly 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. Deoartment of Labor.
• *Circle one of the options provided.
January 201 8 County of Fresno Page P-18
Exhibit B
Quotation No.18-022
PROJECT: Job Order Contract
SOLICITATION NO.: 18-022
BIOOING DOCUMENTS
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. ( _x__ ) 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: , Marc Kerkochian
Date: ---1--'-~--t-'------------------
CEO
(Title)
January 2018 Cou nty of Fresno Page P-19
Exhibit B
Quotat io n No. 18-022 Bl ••ING DOCUMENTS
PROJ ECT: Job Order Contract
SOLICITATION NO.: 18-022
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The CEO 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, volu ntary 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 a re any exceptions to this certification , insert the exceptions in t he following space:
( __x_ ) 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
age ncy, 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)
9y· Marc Kerk:oc 111an
(Title)
January 2018 Cou nty of F resn o Page P-20
Exhibit B
Quotation No . 18-022
PROJECT: Job Order Contract
SOLICITATION NO.· 18-022
(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:
ALL WORK
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 met hods 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 th e 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 with out 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 fai l or refuse to
comply with his obligations under this guaranty, e Owne II be entitled to all costs and
expenses, including attorneys' fees, reasonabl i cu e""'h,,~1~tison of the said failure or refusal.
Marc Kerkochian
Date: March 8 , 20 18 Haus Construction , Inc.
January 2018 County of Fresno Page P-21
Exhibit B
COUNTY OF FRESNO
ADDENDUM NUMBER: ONE (1)
RFQ NUMBER: 18-022
JOB ORDER CONTRACT
Issue Date: February 14 , 2018
CLOSING DATE: MARCH 9, 2018 AT 2:00 P.M.
Submit all Questions and Quotations on the Bid Page at Public Purchase .
For assistance contact Da rren Howard at (559) 600-7110.
NOTE THE FOLLOWING AND ATTACHED ADDITIONS, DELETIONS AND/OR CHANGES TO THE
REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER: 1 8-022 AND INCLUDE THEM IN Y OUR
RESPONSE. PLEASE SIGN AND RETURN THIS ADDENDUM WITH YOUR QUOTATION.
• The questions and explanation dead line for RFQ : 18-022, has been extended to February 20 , 2018@ 10:00am .
• A bid security in the amount of twenty five thousand dollars ($25,000), in the form of a bid bond must be submitted to
the Fresno County Purchasing Division , 4525 East Hamilton , Second Floor, Purchasing lobby, Fresno, CA, 93702
before the closing date of March 09, 20 18@2:00pm . *Failure to submit the required bid bond may result in the entire
bid being deemed non-responsive .
• Also attached are the Power Po int slides from the JOG Pre-Bid Conference held on February 13, 2018.
ACKNOWLEDGMEN T OF ADDENDUM NUMBER ONE l1) TO RFO 18-02 2
COMPANY NAME:
SIGNATURE:
NAME & T ITLE:
Purchasing Use: DH.yj
(PR INT)
(PRINT)
ORG/Requ isition: 8935 / 1321801095
G:\PU BLIC\RFQ\FY 201 7-18\18-022 JOB ORDER CONTRACn18-022 ADDENDUM 1. DOC
Exhibit B
COUNTY OF FRESNO
ADDENDUM NUMBER: TWO (2)
RFQ NUMBER: 18-022
JOB ORDER CONTRACT
Iss ue Date: Feb ru ary 20, 20 18
CLOSING DATE: MARCH 9, 2018 AT 2:00 P.M.
Subm it al l Questions and Quotations on the Bid Page at Public Purchase ,
For assistance contact Darren Howard at (559) 600-7110.
NOTE THE FOLLOWING ADDITIONS, DELET IONS AND/OR CHANGES TO THE REQUIREMENTS OF
REQUEST FOR QUOTATION NUMBER: 18-022 AND INCLUDE THEM IN YOUR RESPONSE. PLEASE SIGN
AND RETURN THIS ADDENDUM WITH YOUR QUOTATION.
Q1. How will the bids be read and open ed at the time of bid opening ?
A 1. Bids will be opened and read publicly on March 9, 2018@ 2:00pm, at the Fresno County Purchasing Division, 4525
East Hamilton, Fresno CA , 93702, Second Floor, Purchasing Conference Room B. The bid responses Will be retrieved
from the Public Purchase site, and each Award Criteria Figure will be read aloud. Bidders or their authorized agents are
invffed to be present,
ACKNOWLEDGMENT OE ADDENDUM NUMBER TWO {2) TO RFO 18 -02 2
COM PAN Y NAM E :
S IG NATURE:
NAME & T ITLE:
Purch asing Use: DH:yj
(PRINT)
(PRINT)
ORG/Requisfti on: 8935 / 1321801095
G :\PUBLICIRFQ\FY 2017-18118-022 JOB ORDER CONTRACT\18-022 ADDENDUM 2.DOC
Exhibit BINSCO INSURANCE SERVICES, INC. UndelWTitlng Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17771 Cowan. Suite 100 Irvine, California 92614 (949) 263-3300 www.lnscoDlco.com BID BOND BOND NO. __ n...:../a~-----Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS, That we HAUS CONSTRUCTION, INC. as Principal, and _______ o_E_v_E_L_O_P_E_R_s_s_u_R_E_TY_A_N_D_IN_D_E_M_N_I_TY_c_o_M_P_A_N_Y ______ a corporation authorized to transact a general surety business in the State of ___ .;::;c.;:;al;;.:.;ifo=.;.r;..;;ni=-a ____________ _ as Surety, are held and firmly bound unto ____ c_o_u_N_TY_o_F_F_R_E_s_N_o ______________ _ ____________________________ (hereinafter called the Obligee) ·•TWENTY FIVE THOUSAND AND NO/100 '* in the full and just sum of-------------------------------Dollars, ($ __ ._•2_s_,_,o_o_o._o_o·_· _) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Job Order Contract Quotation Number: 18-022 NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter Into the contract in writing, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this. ___ .... 1'-'4~th,__ _____ day of ---'-F.;;eb'-ru .. a=ry..__ _________ , _2_0_1 a __ YEAR I' HAU~ C DNi fw fe ION, INC. DEVELOPERS SURETY AND INDEMNITY COMPANY 'I \ j I l / u 10-123 ( ~+e~fl~Bond) (REV. 7113) Principal sii== By:--1--w.--------------Karen Amin. Attorney-In-Fact
Exhibit BACKNOWLEDGMENT 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 San Joaquin On ___ F_eb_r_ua_ry_1_4_. 2_0_1s ____ before me, ____ J_e_nn_lf_er_L_op_e_r._N_ot_a_ry_P_ub_li_c _____ _ (insert name and title of the officer) personally appeared Karen Amin who proved to me on the basis of satisfactory evidence to be the person(ij) whose name(~ is~I! subscribed to the within instrument and acknowledged to me that tt~/she~ executed the same in tils/her~~ authorized capacity~. and that by~~/her>Oi~ signature(:s) on the instrument the person~). or the entity upon behalf of which the person~) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal)
Exhibit BPOWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly llmlled, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, conslitute and appoint: n•Jennlfer Loper, Daniel M. Connolly, David Schnapp, Karen Amin, jointly or severally• .. as their true and lawful Attorney(s)-ln-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyshlp giVlng and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act ne<:e$sary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each or said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-ln-Fact, pursuant to these presents, are hereby ratified and confirmed, This Power of Attorney Is granted and Is signed by facsimile under and .by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008, RESOLVED, that a combination of any two or the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice Presldenl of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named In the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyshlp; and !hat the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby Is, authorized to altestlhe execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officer.; may be affixed to any such Power of Attorney or lo any certificate relaUng thereto by facslmOe, and any such Power of Attorney or certificate bearing such facsimile slgnalures shall be vafld and binding upon the corporallons when so affixed and in the Mure wilh respect to any bond, undertaking or contract of suretyshlp to which it Is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By:~~ Daniel Young, Senior Vlce-Presldent A notary public or other officer completing this certificate verities 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 ofOrange On ---~F~e=bru~ary~6,~20~1~7 ____ before me, ___________ __,L~u~cl~lle'--'-R,,,auym,.,,o,.,,n,,..d,-=N,,.ot,,.ary,.,_,_,P="ubl""lc"--------------oall! Hele lnse<t Name a,,d l1i!e ol tile Officer personally appeared _________________ ..:D;::.:an"'ie"-I ~.,_,o"'u""ng,.,a:.,:n=::-d=M:::ark.:.;,;:La:::.;n:::.:sd:.::o;.:.n _________________ _ Nane(s) of S1gner(s) • LUCILLE RAVMOND Commission ti 20819'5 l Notary Public • California I j Oran~ county -• o • • • +Ml £0T'Ui e&1r:9cJ L31s2i1\I Place Notary Seal Above who proved to me on the basis or satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized <:<1pacity(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf or which t11e person(s) 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, CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney are In force as of the dale of this Certificate. This Certificate is executed in the City of Irvine, California, this 14th day of February , 2018 . ATS-1002 (02/17)
Exhibit C
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”), members
of a contractor’s board of directors (hereinafter referred to as “County Contractor”), must disclose any
self-dealing transactions that they are a party to while providing goods, performing services, or both
for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one or
more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job
Title:
(2) Company/Agency 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: Date:
I I