HomeMy WebLinkAbout24-J-12 Executed Contract.pdf Project Manual
GENERAL BUILDING
JOB ORDER CONTRACT
Contract #'s24 i 10, Class B
24 i 11
24-J-12
24 i 13
The County of Fresno
Department of Public Works and Planning
2220 Tulare St., 6th Floor
Fresno, California 93721
Bid Documents
Pre-bid Conference: Tuesday, November 19, 2024, 1:00 P.M. (1300 hours and 00
seconds)
Bid Date: Thursday, December 5, 2024, 2:00 P.M. (1400 hours and 00
seconds)
Budget /Account — Various Funding Orgs
ti �c Development Services & Capital Projects Division
I -
0 1856 0 Department of Public Works & Planning
PRES
Contract :#24 i 19 Cover Sheet GENERAL BUILDING
24 i 11 0000 10-1 JOB ORDER CONTRACTS
24-J-12
CLASS B GENERAL BUILDING JOB ORDER CONTRACT ADDENDUM 01
FRESNO, CA. SECTION 009115- 1
ADDENDUM 01
Contract#24-J-1 0
24-J-1 1
24-J-1 2
24-J-1 3
Dated: November 26, 2024
The foregoing documents are amended in the respects as herein set forth. This addendum and
the amendments herein shall become part of said documents and of any contract entered into
pursuant to said documents.
PLEASE ACKNOWLEDGE THIS ADDENDUM ON YOUR PROPOSAL. IF YOU HAVE GIVEN
THE CONTRACT DOCUMENTS TO SOMEONE ELSE, PLEASE FORWARD THIS
ADDENDUM.
Date Signed
AR
C,-AY133
REN:12-3 1-25
Op
Architect of Record:
Matthew B. Lopez, Lic.#C-26483,
License Expiration: 12/31/25
Fresno County Department of Public Works & Planning
Development Services and Capital Projects Division
2220 Tulare Street, Eighth Floor
Fresno, California 93721
CONTRACT#24-J-1 0
24-J-1 1
24-J-1 2
24-J-1 3
CLASS B GENERAL BUILDING JOB ORDER CONTRACT ADDENDUM 01
FRESNO, CA. SECTION 009115 - 2
A. BID FORMS AND CONTRACT CONDITIONS
No changes
B. SPECIFICATIONS:
a. Specification Cover Sheet:
i. Refer to Addendum 01 and revise the bid date from "December 5, 2024,
2:00 p.m." to "December 12, 2024, 2:00 p.m."
b. Section 000107
i. Refer to Addendum 01. Delete Signature Page and replace with attached
Signature Page.
c. Section 001113 Notice to Bidders
i. Pagel
1. Refer to Addendum 01 and revise the bid date from "December 5,
2024, 2:00 p.m." to "December 12, 2024, 2:00 p.m."
2. Refer to Addendum 01 and add the following:
A replay of the pre-bid conference will be held at online at 1:00 P.M.,
on Tuesday, December 3, 2024 (the link for which will be posted at
http://www.fresnocountVca.gov/planholders). Attendance at only one
of the two pre-bid conferences, the original or replay, will be
mandatory.
C. PROPOSAL/BID BOOK: BID EXPRESS
a. Add the following:
Title 13, California Code Of Regulations § 2449(I) General Requirements For In-
Use Off-Road Diesel-Fueled Fleets — Section 00 45 76
D. GENERAL CLARIFICATIONS
NOTE: Statements made by the consultant from Gordian during the pre-bid about local
requirements were made in error. There is no local presence requirement for this contract.
CONTRACT# 24-J-10
24-J-11
24-J-12
24-J-13
The County of Fresno
Department of Public Works and Planning
GENERAL BUILDING JOB ORDER CONTRACT
Contract #24-J-10, Class B
Contract#24-J-11, Class B
Contract#24-J-12, Class B
Contract#24-J-13, Class B
Buddy Mendes, Chairman 4tt1 District
Garry Bredefeld, Vice Chairman 2nd District
Brian Pacheco 1st District
Luis Chavez 3rd District
Nathan Magsig 5t" District
Paul Nerland, County Administrative Officer
Digitally signed by Steve
Whit
Steve White D tee2024.11.26
11:18:49-08'00'
Steven White, Director
Department of Public Works and Planning
ft
c • iy3
11/22/2024
12-31 fs t. Date Signed
Capital Projects:
Matthew B. Lopez, Lic.# C-26483
Fresno County Department of Public Works and Planning — Capital Projects
2220 Tulare Street, 8t" Floor
Fresno, CA 93721-2104
Consultant: The Gordian Group
30 Patewood Dr., Suite 350
Greenville, SC 29615
Contract No.: #24-J-10 Signature Page GENERAL BUILDING
24-J-11 0001 07-1 JOB ORDER CONTRACTS
24-J-12
24-J-13
The County of Fresno
Department of Public Works & Planning
2220 Tulare St., 6t" FL
Fresno, CA 93721
GENERAL BUILDING JOB ORDER CONTRACT
Contract # 24-J-10, Class B
24-J-11
24-J-12
24-J-13
TABLE OF CONTENTS
INDEX TO BID DOCUMENTS
DIVISION 00 CONTRACTING REQUIREMENTS
SECTION 00 01 01 - COVER SHEET....................................................................... 1
SECTION 00 01 07 - SIGNATURE PAGE................................................................. 1
SECTION 00 01 10 - TABLE OF CONTENTS........................................................... 1
SECTION 00 11 13 - NOTICE TO BIDDERS ............................................................7
*SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS..............................................7
*SECTION 00 22 13 - BIDDER'S CHECKLIST.........................................................3
*SECTION 00 42 13 - PROPOSAL...........................................................................5
*SECTION 00 43 13 - BID SECURITY FORM.................................................. 1
*SECTION 00 45 19 - NON-COLLUSION DECLARATION ...................................... 1
*SECTION 00 45 76 —TITLE 13 CALIFORNIA CODE OF REGULATIONS
§ 2449(1) GENERAL REQUIREMENTS FOR IN-USE
OFF-ROAD DIESEL-FUELED FLEETS ............................... 1
SECTION 00 52 13 - AGREEMENT..........................................................................8
SECTION 00 72 00 - GENERAL CONDITIONS ...................................................... 73
SECTION 00 72 01 - FEDERAL REQUIREMENTS ..................................................7
EXHIBIT A— SELF-DEALING TRANSACTION DISCLOSURE FORM......................2
*Sections 00 21 13 through 00 45 76 included in Bid Book
Refer to the JOB ORDER CONTRACT CONSTRUCTION TASK CATALOG° and JOB
ORDER CONTRACT TECHNICAL SPECIFICATIONS, DIVISION 01 — DIVISION 41
provided in electronic format.
END OF SECTION
Contract No.: # 24-J-10 Table of Contents GENERAL BUILDING
24-J-11 00 01 10-1 JOB ORDER CONTRACTS
24-J-12
24-J-13
COUNTY OF FRESNO STATE OF CALIFORNIA
NOTICE TO BIDDERS
Sealed proposals will be received at:
https://www.bidexpress.com/businesses/36473/home,
and at the Fresno County Department of Public Works and Planning, Office of the Design Engineer,
Seventh Floor, Fresno County Plaza Building, 2220 Tulare Street, Fresno, CA 93721 until
2:00 P.M., (1400 hours and 00 seconds)
Thursday, December 5, 2024
at which time the bidding will be closed.
If you have any questions about bid submission, please contact us at
DesignServicesC�fresnocountyca.qov or call (559) 353-4919 or (559) 600-4543.
Promptly following the closing of the bidding all timely submitted bids will be publicly opened and
viewable via a livestream (the link for which will be posted at
http://www.fresnocountyca.gov/planholders), for construction in accordance with the specifications
therefor, to which special reference is made as follows:
GENERAL BUILDING JOB ORDER CONTRACT
Contract Numbers.: 24-J-10, Class B
24-J-11, Class B
24-J-12, Class B
24-J-13, Class B
A Job Order Contract 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. The
bid documents include a Construction Task Catalog° containing construction tasks with preset Unit
Prices. All Unit Prices are based on local labor prevailing wages, material and equipment prices and
are for the direct cost of construction.
A MANDATORY pre-bid conference will be held at 1:00 P.M., on Tuesday, November 19, 2024
for the purpose of discussing the Job Order Contract concept, documents, bid
considerations and to discuss Job Order Contracting from a contractor's viewpoint. The
MANDATORY pre-bid conference will be held online (the link for which will be posted at
http://www.fresnocountyca.qov/planholders).
Prospective bidders whose representative(s) attend the MANDATORY pre-bid conference
will receive the electronic link to the official specification books, the Construction Task
Catalog° and Technical Specifications.
Bidders will bid two sets of Adjustment Factors to be applied to the Unit Prices. One set of
Adjustment Factors for projects in General Facilities, one set of Adjustment Factors projects in a
Secure Facility. Each set of Adjustment Factors will include one Adjustment Factor for performing
work during Normal Working Hours and a second Adjustment Factor for performing work during
Other Than Normal Working Hours. All Adjustment Factors apply to every task in the Construction
Task Catalog°.
Contract No.: 24-J-10 Notice to Bidders GENERAL BUILDING
24-J-11 00 11 13-1 JOB ORDER CONTRACTS
24-J-12
24-J-13
Upon award of contract and as projects are identified, the Contractor will jointly scope the work with
the County Project Manager. The County Project Manager will prepare a Detailed Scope of Work
and issue a Request for Proposal to the Contractor. The Contractor will then prepare a Work Order
Proposal for the project including a Work Order Price Proposal, Schedule, Sketches or Drawings, a
list of subcontractors, and other requested documentation. The value of the Work Order Price
Proposal shall be calculated by summing the total of the calculation for each Pre-priced Task (Unit
Price x quantity x Adjustment Factor) plus the value of all Non-Pre-priced Tasks.
If the Work Order Price Proposal is found to be reasonable, a Work Order may be issued. The
Contractor is required to complete each Detailed Scope of Work for the Work Order Price within the
Job Order Completion Time.
A Work Order will reference the Detailed Scope of Work and set forth the Work Order Completion
Time, and the Work Order Price. The Work Order Price is determined by multiplying the preset Unit
Prices by the appropriate quantities and by the appropriate Adjustment Factor. The Work Order
Price shall be a lump sum, fixed price for the completion of the Detailed Scope of Work.
A separate Work Order will be issued for each project. Extra work, credits, and deletions will be
contained in a Supplemental Work Order.
Minimum and Maximum Contract Values:
A. There is no Minimum Contract Value for this Contract. If a contract is awarded, the Contractor
is not guaranteed to receive a specified minimum amount of work during the Contract Term.
B. The Maximum Contract Value is $6,023,368.00. The Contractor is not guaranteed to receive
this volume of Work Orders. It is merely an estimate. The Owner has no obligation to issue Work
Orders in excess of the Minimum Contract Value.
C. The successful bidder shall furnish a payment bond and a performance bond in the amount
of $500,000 each as security for the payment of all persons performing and furnishing materials in
connection with this Contract. If the aggregate outstanding Job Orders issued under the contract
exceeds $500,000, increases in the Payment and Performance Bonds in increments of $500,000
will be required such that the amount of the Payment and Performance Bonds are not less than one
hundred percent (100%) of the outstanding aggregate Job Orders issued. Bonds shall remain in
force for the duration and until completion of any outstanding Job Order. At no time may the sum of
outstanding Job Orders exceed the amount of the Payment and Performance Bonds.
Contract Term:
A. The Contract Term commences on the date the contract is executed by the County of Fresno
Board of Supervisors (i.e.: the effective date of the Contract).
B. The term of the Job Order Contract will be either for one year or when issued Work Orders
totaling the Maximum Contract Value have been completed, whichever occurs first. All Work Orders
must be issued but not necessarily completed within one calendar year of the effective date of the
Contract. All Work Orders for which a Notice to Proceed is issued by the County Contract Manager
during the term of this Contract shall be valid and in effect notwithstanding that the Detailed Scope
of Work may be performed, payments may be made, and the guarantee period may continue, after
the Contract Term has expired. All terms and conditions of the Contract apply to each Work Order.
No notices to proceed will be issued after 5:00, P.M. on the final day of the Contract Term.
Bidders may fill out a Request to be Added to Planholders list:
https://www.fresnocountyca.gov/Departments/Public-Works-and-Planning/Construction-Bidding-
Opportunities/Request-to-Be-Added-to-the-Planholders-List-Form
Requesters will then be listed as a planholder for the project on the website and receive email
notifications and addenda regarding the project.
Contract No.: 24-J-10 Notice to Bidders GENERAL BUILDING
24-J-11 00 11 13-2 JOB ORDER CONTRACTS
24-J-12
24-J-13
Prospective bidders may also select the project on www.BidExpress.com. Those that demonstrate
interest in the project will also be added to the planholders list, and will receive notifications and
addenda regarding this project.
Planholder and exchange/publication names may be obtained from the Fresno County website at
http://www.fresnocountyca.gov/planholders. Electronic copies in ".pdf' file format of the official
project plans and specifications and such additional supplemental project information as may be
provided at the mandatory pre-bid conference.
The bid documents are available online at: https://www.bidexpress.com/businesses/36473/home
and bids may be submitted electronically through that website.
If a bidder is unable to submit a bid via Bid Express, Bid books, which contain bid proposal sheets
necessary to submit a bid, may be obtained at http://www.fresnocountyca.gov/planholders.
Electronic bids shall be submitted via the Bid Express website. Paper bids shall be submitted in a
sealed envelope addressed to the Department and labeled with the name of the bidder, contract
number, name of the project, and the statement "Do Not Open Until The Time Of Bid Opening."
A Summary of Bids for the apparent low bidder will be posted at the above listed website,
generally within 24 hours of the Bid Opening.
All questions regarding this contract shall be in writing and shall be received by the Department of
Public Works and Planning, Design Division, no later than 2:00 P.M. on the seventh (7th) calendar
day before bid opening. Any questions received after this deadline will not receive a response unless
the Department of Public Works and Planning elects to issue an addendum to revise the bid opening
date. In the event that the bid opening date is revised, the deadline for questions will be extended
to no later than 2:00 P.M. on the seventh (7th) calendar day before the revised bid opening date.
Questions shall be submitted on the Request for Clarification form provided on the contract website
at:
https://www.fresnocountyca.gov/Departments/Public-Works-and-Planning/Construction-Bidding-
Opportunities/24-J-10-24-J-11-24-J-12-24-J-13-Class-B-General-Building-Job-Order-Contract
Any changes to, or clarification of, the Contract documents and specifications shall be in the form
of a written addendum issued to planholders of record. Questions that prompt a change or
clarification shall be included in the addendum with the subsequent answer.
Any oral explanation or interpretations given to this project are not binding.
Bidders will submit one (1) bid that will be considered for four (4) potential Contracts being offered.
Bidders will bid two (2) sets of Adjustment Factors to be applied to the Unit Prices:
• One set of Adjustment Factors for projects in General Facilities.
• One set of Adjustment Factors for projects in a Secure Facility.
Each set of Adjustment Factors will include one Adjustment Factor for performing work during
Normal Working Hours and a second Adjustment Factor for performing work during Other Than
Normal Working Hours. All Adjustment Factors apply to every task in the Construction Task
Catalog°.
The County intends to award a contract to each of the four (4) lowest responsible bidders. One
proposal must be submitted by each bidder wishing to bid for one of the three contracts in the Class
B license category. Bids will be compared, for purposes of identifying the apparent low bidder for
proposed award of the contract, on the basis of the Award Criteria Figure. The Award Criteria Figure
is the sum of the weighted Adjustment Factors.
Contract No.: 24-J-10 Notice to Bidders GENERAL BUILDING
24-J-11 0011 13-3 JOB ORDER CONTRACTS
24-J-12
24-J-13
The Construction Task Catalog° is priced at a net value of 1.0000. The bid shall be an increase to
(e.g., 1.1000) or decrease to (e.g., 0.9500) the Unit Prices listed in the Construction Task Catalog°.
Bidders who submit separate Adjustment Factors for separate Unit Prices will be considered non-
responsive and their bid will be rejected.
The Owner selected The Gordian Group's (Gordian) Job Order Contracting (JOC) Solution for their
JOC program. The Gordian JOC SolutionTM includes Gordian's proprietary JOC Information
Management System ("JOC IMS"), construction cost data, and Construction Task Catalog® which
shall be used by the Contractor solely for the purpose of fulfilling its obligations under this Contract,
including the preparation and submission of Job Order Proposals, Price Proposals, subcontractor
lists, and other requirements specified by the Owner. The Contractor shall be required to execute
Gordian's General Terms of Use and pay a 1% JOC System License Fee to obtain access to the
Gordian JOC Solution TM. The JOC System License Fee applies to all Job Orders issued to the
Contractor under the terms of this Contract. The Contractor shall include the JOC System License
Fee in the Adjustment Factors.
Bid security in the amount $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. You must
either attach an electronic bid bond or provide an original bid bond (or other form of bid security
authorized by Public Contract Code section 20129(a)), prior to the bid opening, in accordance with
the detailed directions set forth in Section 1.04 ("PREPARATION OF PROPOSALS") of the
Instructions to Bidders.
Each paper bid bond shall be submitted in a sealed envelope addressed to the Department and
labeled with the name of the bidder, the name of the project, the contract number, and the statement
"Do Not Open Until The Time Of Bid Opening — BID BOND."
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 3, Chapter 9, as amended, or whose bid is not on the proposal form included in the contract
document. A valid California Contractor's License, Class B (General Building) is required for this
project.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or
counties, in which the work is to be done have been determined by the Director of the California
Department of Industrial Relations. These wages are set forth in the General Prevailing Wage
Rates for this contract available from the California Department of Industrial Relations' Internet web
site at http://www.dir.ca.gov/DLSR/PWD. Future effective general prevailing wage rates, which
have been predetermined and are on file with the California Department of Industrial Relations are
referenced but not printed in the general prevailing wage rates.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for a public
works project unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor
Code section 1771.1(a)].
This contract is subject to state contract nondiscrimination and compliance requirements pursuant
to Government Code section 12990.
The successful bidder shall furnish a faithful performance bond in the amount of one hundred
percent (100%) of the Maximum Contract Value, a payment bond in the amount of one hundred
percent (100%) of the Maximum Contract Value, and One Year Warranty Bond in the amount of ten
percent (10%) of the Maximum Contract Value. Each bond specified in this Notice (bid bond, faithful
Contract No.: 24-J-10 Notice to Bidders GENERAL BUILDING
24-J-11 0011 13-4 JOB ORDER CONTRACTS
24-J-12
24-J-13
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 Notice 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 A 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.
The Board of Supervisors reserves the right to reject any or all bids.
Board of Supervisors, County of Fresno
Paul Nerland, County Administrative Officer
Bernice E. Seidel, Clerk to the Board
Issue Date: November 5, 2024
END OF SECTION
Contract No.: 24-J-10 Notice to Bidders GENERAL BUILDING
24-J-11 0011 13-5 JOB ORDER CONTRACTS
24-J-12
24-J-13
BIDDERS' CHECKLIST (CAPITAL IMPROVEMENT CONTRACTS)
Because of numerous technical irregularities resulting in rejected proposals for
projects, the following checklist is offered for the bidders' information and use in
preparing the paper proposal. 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.
P-2, PROPOSAL SHEET (Section 00 42 13)
Bidder name on each sheet. Adjustment Factor for each type listed. Make no
additions such as "plus tax", "plus freight", or conditions such as "less 2% if paid
by 15th". Use ink or typewriter for paper bids. Acknowledge addenda.
P-3, SUBCONTRACTOR LIST
Not Applicable for Job Order Contract bids. Subcontractor Listings shall be
required as part of a Work Order Proposal for each individual Work Order.
P-4.1, BID SECURITY FORM - Read the Notices and Notes (Section 00 43 13)
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 Joint Venture members are corporations or partnerships, list their
officers or partners.
Individual - list Owner's name and firm name style
Signature of Bidder— BID MUST BE SIGNED!
Corporation - by an officer
Partnership - by a partner
Joint Venture - by a member
Individual - by the Owner
If signature is by a Branch Manager, Estimator, Agent, etc., the bid must be
accompanied by a power of attorney authorizing the individual to sign bids,
otherwise the bid may be rejected.
Business Address - Firm's Street Address
Contract No.: #24-J-10 Bidder's Checklist GENERAL BUILDING
24-J-11 0022 13-1 JOB ORDER CONTRACTS
24-J-12
24-J-13
Mailing Address - P.O. Box or Street Address
BID SECURITY (PROPOSAL GUARANTEE)
$25,000.00
Type of Bid Security
Cash - Not recommended; cash is deposited in a clearing account and is
returned to bidders by County warrant. This process may take several
weeks.
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.
P-4.2, NON-COLLUSION DECLARATION (Section 00 45 19)
Must be completed, signed, and returned with bid.
P-7, TITLE 13 CALIFORNIA CODE OF REGULATIONS § 2449(1) GENERAL
REQUIREMENTS FOR IN-USE OFF-ROAD DIESEL-FUELED FLEETS (Section
00 45 76)
Must be completed, signed, and returned with bid. Certification of subcontractors
is the responsibility of the Bidder and must be provided to the County upon request.
OTHER
If the bid forms have been removed from the specifications booklet, staple the
pages together.
Make sure the bid envelope is sealed and shows the contract name, bid package
and contract number.
If the bid is mailed, allow sufficient time for postal delivery prior to the bid closing
time. Bids received after the scheduled time will be returned unopened. Be sure
the statement "DO NOT OPEN UNTIL TIME OF BID OPENING", is on the
envelope.
END OF SECTION
Contract No.: #24-J-10 Bidder's Checklist GENERAL BUILDING
24-J-11 0022 13-2 JOB ORDER CONTRACTS
24-J-12
24-J-13
PROPOSAL TO THE BOARD OF SUPERVISORS
COUNTY OF FRESNO
CONTRACT: GENERAL BUILDING JOB ORDER CONTRACT
CONTRACT#'s.: 24-J-10
24-J-11
24-J-12
24-J-13
Various Funding Orgs.
If this proposal 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 proposal and the acceptance thereof shall
be null and void, and the forfeiture of such security accompanying this proposal shall
operate and the same shall be the property of the Owner.
The undersigned, as bidder, declares that all addenda issued with respect to this bid
have been received and incorporated into this Proposal. The bidder's signature on this
Proposal also constitutes acknowledgement of all addenda.
The undersigned, as bidder, declares that the only persons, or parties interested in this
proposal as principals are those named herein; that this proposal is made without
collusion with any other person, firm or corporation; that they have carefully examined
the Construction Task Catalog°, Technical Specifications and Contracting
Requirements and they propose and agree if this proposal is accepted, that they 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.
The Contractor shall perform all Work required called for in the Detailed Scope of Work
of each individual Work Order issued under this Contract using the Construction Task
Catalog°and Technical Specifications incorporated herein. Contractor shall perform any
or all functions called for in the Contract Documents as specified in individual Work
Orders against this Contract for the Unit Prices specified in the Construction Task
Catalog°(CTC)and Non Pre-priced work multiplied by the following Adjustment Factors.
The Bidder shall set forth Adjustment Factors in the respective space provided below.
See example below. Failure to submit Adjustment Factors for all categories will result
in the Proposal being deemed non-responsive.
Adjustment Factor 2 must be greater than or equal to Adjustment Factor 1,
Adjustment Factor 3 must be greater than or equal to Adjustment Factor 1.
Adjustment Factor 4 must be greater than or equal to Adjustment Factor 3.
Adjustment Factors not adhering to these requirements may result in Proposals
being deemed non-responsive.
The Contractor shall perform the Tasks required by each individual Job Order using the
following Adjustment Factors. When submitting Work Order Price Proposals related to
Contract No. #24-J-10 Proposal GENERAL BUILDING
24-J-11 00 42 13-1 JOB ORDER CONTRACTS
24-J-12
24-J-13
specific Work Orders, the Contractor shall utilize one or more of the Adjustment Factors
applicable to the Work being performed provided on the Schedule of Adjustment Factors
below, as applicable.
Example
1 2 1 0 2
One Point Two One Zero Two
(Written in words) (Specify to four(4)decimal places)
Contract No. #24-J-10 Proposal GENERAL BUILDING
24-J-11 00 42 13-2 JOB ORDER CONTRACTS
24-J-12
24-J-13
BIDDER: I NV,a
Schedule of Adjustment Factors
In case of a discrepancy between words and figures the words shall prevail. Use clearly
legible words and figures.
1. General Facilities - Normal Working Hours (7:00am to 5:00pm Monday through
Friday)
QNI�- F'oo6oT ON_ ~rove., -rv4o =V4Zb � ■ � 4
(Written in words) (Specify to four(4) decimal places)
2. General Facilities - Other Than Normal Working Hours (5:00pm to 7:00am
Monday through Friday, and all day Saturday, Sunday, and Holidays)
Must be greater than Adjustment Factor 1 g
E ■ � 7] 2-
U
(Written in words) (Specify to four(4)decimal places)
3. Secure Facilities — Normal Working Hours (7:00am to 5:00pm Monday through
Friday) Must be greater than Adjustment Factor 1
(Written in words) (Specify to four(4)decimal places)
4. Secure Facilities — Other Than Normal Working Hours (5:00pm to 7:00am
Monday through Friday, and all day Saturday, Sunday, and Holidays)
Must be greater than Adjustment Factor 3
CAE i'runt ca �.t 00- �t T ■ 0t
(Written in words) (Specify to four(4)decimal places)
Contract No. #24-J-10 Proposal GENERAL BUILDING
24-J-11 00 42 13-3 JOB ORDER CONTRACTS
24-J-12
24-J-13
BIDDER: 4 L. riot,)
Acknowledgement of Addendum:
Addendum No. 0 1 Dated Addendum No. Dated
Addendum No. Dated Addendum No. Dated
Award Criteria Figure
Transfer the number on Line 9 from the Award Criteria Figure Calculation below
to the space provided below constituting the Bidder's Award Criteria Figure.
Transfer the number and write the words.
-T]
O MI , egg- 51m 0?4t IGUT
(Written in clearly legible words) (Specify to four(4) decimal places in legible figures)
Contract No. #24-J-10 Proposal GENERAL BUILDING
24-J-11 00 42 13-4 JOB ORDER CONTRACTS
24-J-12
24-J-13
Award Criteria Figure Calculation
The weighted multipliers in lines 2, 4, 6, and 8 below 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. The Award Criteria Figure is only used for the purpose of
determining the lowest Bidder.
The Owner Reserves The Right To Revise All Arithmetic Errors In the
Calculation of the Award Criteria Figure For Correctness.
Instructions To Bidder: Specify lines 1 through 9 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).
Line 1. General Facilities — Normal Working Hours 1.
7:OOam to 5:00 m Monday through Friday) �•1` ZC3
Line 2. Multiply Line 1 by 70% 2.
Line 3. General Facilities — Other Than Normal Working 3.
Hours (5:00pm to 7:00am Monday through
Friday, and all day Saturday, Sunday, and 1.1720
Holidays)
Line 4. Multiply Line 3 by 10% 4. 0,117)
Line 5. Secure Facilities — Normal Working Hours 5.� ).
7:00am to 5:00 m Monday through Friday)
Line 6. Multiply Line 5 by 15% 6.
(D•
Line 7. Secure Facilities — Other Than Normal Working 7.
Hours Other Than Normal Working Hours
7:00am to 5:00 m Monday through Friday)
Line 8. Multiply Line 7 by 5% 8.0+���
Line 9. Add Lines 2, 4, 6, and 8. This is the Award Criteria I
Figure:
END OF PROPOSAL FORM
END OF SECTION
Contract No. #24-J-10 Proposal GENERAL BUILDING
24-J-11 00 42 13-5 JOB ORDER CONTRACTS
24-J-12
24-J-13
Bid Security
Accompanying this proposal is security (check one only) in amount equal to at least
$25,000.00:
Bid Bond ; Certified Check ( ); Cashier's Check ( ); Cash ($ )
Addenda Acknowledgement
Bidder has and acknowledges the following addenda: // 2 24
Business Information
Business Name ,IL
Note: If bidder or other interested person is a corporation, state legal name of
corporation. If bidder is a co-partnership, state true name of firm.
Business Owners and Officers Names SEE A T`-R CHE D
Note: If bidder or other interested person is:
• a corporation, list names of the president, secretary, treasurer and manager
thereof
• a partnership, list names of all individual co-partners composing firm.
• an individual, state first and last name in full.
Names of Owners and Key Employees 5C--E Pr-FT-�Qt f D
Note: List majority owners of your firm. If multiple owners, list all. Also include anyone,
including key employees, who are actively promoting the contract. (SB1439)
Licensed in accordance with an act providing for the registration of Contractors:
Class R+ Contractor License No. $791L, Expires QS/3( 2
DIR Registration Number_1-00000-Lb6C,
Business Address: �' � N� 1� NIk , Cik 01ra3.r"4
Zip Code
Mailing Address: F p Wgi HoQ. sToi C col56
Zip Code
Business Phone: 54;-&J 11 Fax Number: (2�) SYf)
Email Address C-5TI:MA & 'SIMIL.Ft3VtI--C,COtA
Bidder Signature
Signature of Bidder: Dated: ' .2 "0 _ _
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 or her
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.
END OF SECTION
Contract No.: #24-J-10 Bid Security Form GENERAL BUILDING
24-J-11 00 43 13-1 JOB ORDER CONTRACTS
24-J-12
24-J-13
Simile Construction Service, Inc
Joe Simile- President/Chief Operating Officer
Guy Simile- Chief Executive Officer
Dave Henke- Chief Financial Officer
Megan Simile-Neuson- Secretary
Gina Simile- Treasurer
CONTRACT: GENERAL BUILDING JOB ORDER CONTRACT
CONTRACT Ws: 24-J-10 24-J-11 24-J-12 24-J-13, Class B
To the Board of Supervisors, County of Fresno:
NON-COLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID*
The undersigned declares:
I am the -J-CT-- �1M1(, r , pore S 4 AeV& of
(Owner, Partner, Corporate Officer (list title), Co-Venturer)
'S, 1t.F, , the party
making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation. The bid is
genuine and not collusive or sham. The bidder has not directly or indirectly induced
or solicited any other bidder to put in a false or sham bid. The bidder has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or refrain from bidding. 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. All
statements contained in the bid are true. 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, to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent
thereof, and has not paid, and will not pay, any person or entity for that purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or
any other entity, hereby represents that he or she has full power to execute, and
does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this declaration is executed on
C1 Oee_P, l at Nl�Jt °sT0 7 c „
[date] [city] [state]
Z
(Signs ure)
(See Title 23 United States Code Section 112; Calif Public Contract Code Section
7106)
*NOTE: Completing, signing, and returning the Non-Collusion Declaration is a
required part of the Proposal. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
END OF SECTION
Contract No.: #24-J-10 Non-Collusion Declaration GENERAL BUILDING
24-J-11 00 45 19-1 JOB ORDER CONTRACTS
24-J-12
24-J-13
TITLE 13, CALIFORNIA CODE OF REGULATIONS § 2449(l) GENERAL
REQUIREMENTS FOR IN-USE OFF-ROAD DIESEL-FUELED FLEETS
In conformance with Title 13 § 2449(i), bidders will be required to attach copies of valid
Certificates of Reported Compliance for the fleet selected for the contract and their
listed subcontractors.
Before May 15th of each year, the prime contractor must collect a new valid Certificate
of Reported Compliance for the current compliance year, as defined in section 2449(n),
from all fleets that have an ongoing contract with the prime contractor as of March 1 st of
that year. Prime contractors must not write contracts to evade this requirement. Annual
renewals must be provided to the Resident Engineer at least one week prior to the
expiration date of the current certificate.
https:Hww2.arb.ca.gov/resources/fact-sheets/fact-sheet-contracting-reguirements
Choose all that apply:
❑ Bidder's Certificate of Reported Compliance has been attached to the bid.
Bidder does not have a fleet subject to this regulation as outlined in Section
2449(i)(1)-(4).
❑ Listed subcontractors' certificates have been attached or will be submitted within five
(5) calendar days of the bid opening.
❑ The following subcontractors do not have a fleet subject to this regulation as outlined
in Section 2449(i)(1)-(4):
FAILURE TO PROVIDE THE CERTIFICATES OF REPORTED COMPLIANCE AS
DIRECTED MAY RENDER THE BID NON-RESPONSIVE.
Proposal — 7
Contract Number 24-J-1 0 24-J-1 1 24-J-1 2 24-J 13
AGREEMENT
THIS AGREEMENT made at Fresno, in Fresno County, California, by and
between Simile Construction Service, Inc., hereinafter "Contractor", and the County of
Fresno, hereinafter"Owner".
WHEREAS: This Agreement, together with other Contract Documents (as
defined hereinbelow), shall establish an indefinite quantity Job Order Contract pursuant to
which Contractor shall perform an ongoing series of individual projects at different
locations throughout the County of Fresno. The construction work and services performed
by Contractor under this Agreement shall be carried out pursuant to individual Work
Orders. All capitalized terms not defined in this Agreement shall have the meanings set
forth in the General Conditions referenced hereinbelow and incorporated herein by
reference.
WITNESSETH, the Contractor and the Owner, for the consideration hereinafter
named, agree as follows:
ARTICLE I. The Contractor agrees to furnish all labor, equipment 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,
materialmen, subcontractors, artisans, machinists, teamsters, and laborers required for
Job Order Contract No.24-i0 also referred to herein as the "Contract".
24-i 11
24-J-12
24i13
All goods and services provided shall be in strict compliance with the Construction Task
Catalog®, Technical Specifications and Contracting Requirements therefore prepared by
the Director of the Fresno County Department of Public Works and Planning and his
authorized representatives, hereinafter "Project Manager", and other contract documents
relating thereto.
ARTICLE II. The Contractor and the Owner agree that the Advertisement (Notice to
Bidders), the Wage Scale, the Proposal hereto attached, the Instructions to Bidders, the
General Conditions of the contract, the Technical Specifications, the Construction Task
Catalog® and the Addenda and Bulletins thereto, the Contract Bonds and Certificates of
Liability and Workers Compensation Insurance, and the Work Orders, together with this
Agreement, form the Contract Documents, and they are as fully a part of the contract as if
hereto attached or herein repeated. But no part of said specifications that is in conflict with
any portion of this Agreement, or that is not actually descriptive of the work to be done
thereunder, or of the manner in which the said work is to be executed, shall be considered
as any part of this Agreement, but shall be utterly null and void, and anything that is
expressly stated, delineated or shown in or upon the specifications or Detailed Scope of
Work shall govern and be followed, notwithstanding anything to the contrary in any other
source of information or authority to which reference may be made.
Contract No.: #24 i 10 Agreement GENERAL BUILDING
24-d 41 00 52 13-1 JOB ORDER CONTRACTS
24-J-12
24- 1-13
ARTICLE III. The Contractor agrees that the work under the contract shall be
completed as determined by the Owner as set forth in the individual Work Orders. Time
of performance shall be deemed as of the essence hereof and it is agreed that actual
damages to the Owner from any delay in completion beyond the date provided for herein,
or any extension thereof until the work is completed or accepted, shall be all provable
damages plus liquidated damages as identified in the individual Work Orders ranging
from Two Hundred Fifty and 001100 DOLLARS ($250.00) to Five Thousand and
00/100 DOLLARS ($5,000.00) per day; that said liquidated damage was arrived at by a
studied estimate of loss to the Owner in the event of a delay considering the following
damage items which are extremely difficult or impossible to determine: Additional
construction expense resulting from delay of completion including, but not limited to,
engineering, inspection, rental and utilities; provided, however, the Owner may
conditionally accept the work and occupy and use the same if there has been such a
degree of completion as shall in its opinion render the same safe, fit and convenient for
the use for which it is intended and in such cases the Contractor and Surety shall not be
charged for liquidated damages for any period subsequent to such conditional
acceptance and occupation by the Owner but Owner may assess actual damages
caused by failure of total completion during such period. The time during which the
Contractor is delayed in said work by the acts or neglects of the Owner or its employees
or those under it by contract or otherwise, or by the acts of God which the Contractor
could not have reasonably foreseen and provided for, or by storms and inclement
weather which delays the work, or by any strikes, boycotts, or like obstructive action by
employee or labor organizations, or by any general lockouts or other defensive action
by employers, whether general, or by organizations of employers, shall be added to the
time for completion as aforesaid.
ARTICLE IV. COMPENSATION: The Owner agrees to make payments on account
thereof as provided in the General Conditions.
The Contract is an indefinite-quantity contract for construction work and services. There
is no Minimum Contract Value for this Contract. If a contract is awarded, the Contractor
is not guaranteed to receive a specified minimum amount of work during the Contract
Term. The Maximum Contract Value is $6,023,368.00. The Contractor is not guaranteed
to receive this volume of Work Orders. The Owner has no obligation to issue Work
Orders in excess of the Minimum Contract Value.
The Contractor shall perform all work required, necessary, proper for or incidental to
completing the Detailed Scope of Work called for in each individual Work Order issued
pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog®
and the following Adjustment Factors:
1. Normal Working Hours (7:00am to 5:00pm Monday through Friday): 1.1420
2. Other Than Normal Working Hours (5:00pm to 7:00am Monday through Friday, and
all day Saturday, Sunday, and Holidays): 1.1720
Contract No.: #24-o 10 Agreement GENERAL BUILDING
24-J-It 00 52 13-2 JOB ORDER CONTRACTS
24-J-12
24-i 13
3. Projects in Secure Facilities — Normal Working Hours (7:00am to 5:00pm Monday
through Friday): 1.1730
4. Projects in Secure Facilities—Other Than Normal Working Hours (5:00pm to 7:00am
Monday through Friday, and all day Saturday, Sunday, and
Holidays): 1.1848
Material price spike adjustment: For the purpose of this clause, a "major spike" is
defined as a spike in a specific material cost of more than 25% above what the cost of
that material was on the date the Construction Task Catalog®was issued.
1. In the event a major spike occurs in a specific material cost, the Contractor may
submit a request for a price modification to a Unit Price or individual Job Order.
In order to initiate such a request, the Contractor shall:
a. identify the specific material that has experienced a major spike,
b. identify Pre-priced Task(s) or Job Orders that require the material
experiencing a major spike, and
c. demonstrate that the spike exists by submitting a minimum of three quotes
on material supplier letterhead to show that the current price meets the
"major spike" definition above.
2. Fresno County, after review of a request, may elect to adjust the Unit Price or Job
Order by considering it a Non Pre-priced (NPP) item. The adjustment will be for
the difference between the material cost at the time the Construction Task
CatalogO was issued times the quantity stated in the Job Order. The adjustment
will not include any other markup, and the NPP adjustment factor will not apply.
ARTICLE V. TERM: The Term of the Job Order Contract shall be for one (1) year,
or when issued Work Orders totaling the Maximum Contract Value have been
completed, whichever occurs first. All Work Orders shall be issued, but not necessarily
completed within one calendar year after the commencement date of this Agreement.
All Work Orders for which a Notice to Proceed is issued by the County Contract Manager
during the term of this Contract shall be valid and in effect notwithstanding that the
Detailed Scope of Work may be performed, payments may be made, and the guarantee
period may continue, after the Contract Term has expired. All terms and conditions of
the Contract apply to each Work Order. No notices to proceed will be issued after 5:00,
P.M. on the final day of the Contract Term.
ARTICLE VI. The Contractor and the Owner agree that changes in this Agreement
shall become effective only when written in the form of an amendment approved and
signed by the Owner and the Contractor.
The Contractor and the Owner agree that the Owner shall have the right to request any
alterations, deviations, reductions or additions to the Detailed Scope of Work of the
individual Work Orders or specifications or any of them, and the amount of the cost
thereof shall be handled by issuance of a Supplemental Work Order.
Contract No.: #24-J-10 Agreement GENERAL BUILDING
24-J 111 00 52 13-3 JOB ORDER CONTRACTS
24-J-12
24-i 13
This contract shall be deemed completed when the work of all individual Work Orders is
finished in accordance with all Contract Documents as amended by such changes. No
such change or modification shall release or exonerate any surety upon any guaranty or
bond given in connection with this contract.
ARTICLE VII. In the event of a dispute between the Owner or Project Manager and
the Contractor as to an interpretation of any of the specifications or as to the quality of
sufficiency of material or workmanship, the decision of the Project Manager shall for the
time being prevail and the Contractor, without delaying the job, shall proceed as directed
by the Project Manager without prejudice to a final determination by negotiation,
arbitration by mutual consent or litigation and should the Contractor be finally determined
to be either wholly or partially correct, the Owner shall reimburse him for any added costs
they may have incurred by reason of work done or material supplied beyond the terms
of the contract as a result of complying with the Project Manager's directions as
aforesaid. In the event the Contractor shall neglect to prosecute the work properly or fail
to perform any provisions of this contract, the Owner, after three days' written notice to
the Contractor, may, without prejudice to any other remedy it may have, make good such
deficiencies and may deduct the cost thereof from the payment then or thereafter due to
the Contractor, subject to final settlement between the parties as in this paragraph
hereinabove provided.
ARTICLE Vill. TERMINATION: If the Contractor should be adjudged a bankrupt, or if
they should make a general assignment for the benefit of their creditors, or if a receiver
should be appointed on account of their insolvency, or if they or any of their
subcontractors should persistently violate any of the provisions of the contract, or if they
should persistently or repeatedly refuse or should fail, except in cases for which
extension of time is provided, to supply enough properly skilled workmen or proper
material, or if they should fail to make prompt payment to subcontractors or for material
or labor or persistently disregard laws, ordinances or the instructions of the Project
Manager, then the Owner may, upon the certificate of the Project Manager, when
sufficient cause exists to justify such action, serve written notice upon the Contractor
and their surety of its intention to terminate the contract, such notice to contain the
reasons for such intention to terminate the contract, and unless within five (5) days after
the serving of such notice, such violations shall cease and satisfactory arrangements for
correction thereof be made, the contract shall, upon the expiration of said five days,
cease and terminate.
In the event of any such termination, the Owner shall immediately serve written notice
thereof upon the surety and the Contractor, and the surety shall have the right to take
over and perform the contract, provided, however, that if the surety within ten (10) days
after the serving upon it of notice of termination does not give the Owner written notice
of its intention to take over and perform the contract or does not commence performance
thereof within the ten (10)days stated above from the date of the serving of such notice,
the Owner may take over the work and prosecute the same to completion by contract or
by any other method it may deem advisable for the account and at the expense of the
Contractor, and the Contractor and their surety shall be liable to the Owner for any
Contract No.: #24-i 10 Agreement GENERAL BUILDING
24-d-11 00 52 13-4 JOB ORDER CONTRACTS
24-J-12
24-d-43
excess cost occasioned the Owner thereby, and in such event the Owner may without
liability for so doing, take possession of and utilize in completing the work, such
materials, appliances, plant and other property belonging to the Contractor as may be
on the site or the work and necessary therefore. In such case, the Contractor shall not
be entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expense of finishing the work,
including compensation for additional managerial and administrative services, such
excess shall be paid to the Contractor. If such expense shall exceed such unpaid
balance, the Contractor shall pay the difference to the Owner. The expense incurred by
the Owner as herein provided, and damage incurred through the Contractor's default,
shall be certified by the Project Manager.
ARTICLE IX. The Contractor and their subcontractors shall comply with Sections
1770 — 1780 of the California Labor Code and the provisions of Sections 2.52 and 2.55
of the General Conditions concerning the payment of wages to all workers and
mechanics, and the employment and payment of apprentices by the Contractor or any
subcontractor for all work performed under this Agreement.
ARTICLE X. The Contractor and their subcontractors shall comply with Sections
1810 to 1815 of the California Labor Code and the provisions of Section 2.51 of the
General Conditions, concerning hours of work and payment of overtime compensation
for all work performed under this Agreement.
ARTICLE XI. INDEMNIFICATION: To the fullest extent permitted by law, Contractor
agrees to and shall indemnify, save, hold harmless and at County's request, defend
County and its officers, agents and employees, and the Project Manager and their
respective 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, or the Project Manager 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 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. In addition, Contractor agrees to indemnify
County for Federal, State of California and/or local audit exceptions resulting from non-
compliance herein on the part of Contractor.
In any and all claims against the County, the Project Manager, or any of their respective
officers, agents or employees, initiated by any employee of the Contractor, any
Subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligation set forth in the
immediately preceding paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for the Contractor
or any Subcontractor under workmen's compensation acts, disability benefit acts or other
employee benefit acts.
Contract No.: #24-i 10 Agreement GENERAL BUILDING
24-i 41 00 52 13-5 JOB ORDER CONTRACTS
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24-112
ARTICLE XII. INSURANCE: Without limiting the Owner's right to obtain
indemnification from Contractor or any third parties, Contractor, at its sole expense, in
accordance with the provisions of Section 2.40 of the General Conditions, shall maintain
in full force and effect the following insurance policies throughout the term of this
Agreement, excepting only those policies for which a longer term is specified:
A. Commercial General Liability Insurance, with scope and amount of coverage
as specified in Section 2.40 E.2 of the General Conditions.
B. Automobile Liability Insurance, with scope and amount of coverage as specified in
Section 2.40 E.2 of the General Conditions.
C. Professional Liability Insurance, with scope and amount of coverage as specified in
Section 2.40 E.3 of the General Conditions.
D. Worker's Compensation Insurance, with scope and amount of coverage as
specified in Section 2.40 E. 4 of the General Conditions.
The Certificate of Insurance shall be issued in triplicate, to the COUNTY OF FRESNO,
and all other participating agencies, whether or not said agencies are named herein,
who contribute to the cost of the work or have jurisdiction over areas in which the work
is to be performed and all officers and employees of said agencies while acting within
the course and scope of their duties and responsibilities.
ARTICLE XIII. MISCELLANEOUS PROVISIONS:
1. AUDITS AND INSPECTIONS
The CONTRACTOR shall at any time during business hours, and as often as the
OWNER may deem necessary, make available to the OWNER for examination all of its
records and data with respect to the matters covered by this Agreement. The
CONTRACTOR shall, upon request by the OWNER, permit the OWNER 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).
2. 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 CONTRACTOR officers, agents, and
employees 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 venture, partner, or associate of the OWNER. CONTRACTOR and
Contract No.: #24 i0 Agreement GENERAL BUILDING
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OWNER shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters of
the subject thereof. Because of its status as an independent contractor,
CONTRACTOR shall have absolutely no right to employment rights and benefits
available to OWNER's 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 OWNER harmless from all matters related 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
OWNER or to this Agreement.
3. 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 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 this agreement. A self-dealing transaction shall mean a
transaction to which the CONTRACTOR is a party and in which one or more of its
directors has a material financial interest. Members of the Board of Directors shall
disclose any self-dealing transactions that they are a party to by completing and signing
a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit A and
incorporated herein by reference, and submitting it to the OWNER prior to commencing
with the self-dealing transaction or immediately thereafter.
ARTICLE XIV. The Contractor represents that they have secured the payment of
Workers Compensation in compliance with the provisions of the Labor Code of the State
of California and Paragraphs B.3, C.3 and EA of Section 2.40 of the General Conditions,
and that they will continue so to comply with such statutory and contractual provisions
for the duration and entirety of the performance of the work contemplated herein.
Contract No.: #24-1-10 Agreement GENERAL BUILDING
24-i 11 00 52 13-7 JOB ORDER CONTRACTS
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This Contract, 24-J-12, was awarded by the Board of Supervisors on January 28,
2025. It has been reviewed by the Department of Public Works and Planning and
is in proper order for signature of the Chairman of the Board of Supervisors.
IN WITNESS WHEREOF, they have executed this Agreement this <a
day of 114,7 t-cA 12025
_COUNTY OF FRESNO
(C NTRACTOR) (OWNER)
By t 925CP 1+ trLc By
Ernest Buddy Mendes, Chairman
Title N of the Board of Supervisors of the
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of
California
FOR ACCOUNTING USE ONLY
VARIOUS ORGS. By
0001/8830/10000/7295 Deputy
0001/43601150/10000/7295
0001/8852/10000/7295
END OF SECTION
Contract No.: *'� Agreement GENERAL BUILDING
24-d-41 00 52 13-8 JOB ORDER CONTRACTS
24-J-12
24-d-13
GENERAL CONDITIONS
2.01 IDENTIFICATION OF CONTRACT
A. The Agreement shall be signed by the Contractor and the Owner.
B. The Contract Documents are defined in ARTICLE II of the Agreement.
C. The Contract Documents form the Contract for Construction ("Contract"). This
Contract represents the entire and integrated agreement between the parties
hereto and supersedes all prior negotiations, representations, or agreements,
either written or oral. The Contract may be amended or modified only by a
Modification as defined above. The Contract Documents shall not be construed
to create any contractual relationship of any kind between the Architect or
Engineer of record and the Contractor, but the Architect or Engineer of record
shall be entitled to performance of the obligations of the Contractor intended for
their benefit and to enforcement thereof. Nothing contained in the Contract
Documents shall create any contractual relationship between the Owner and any
Subcontractor or Sub-subcontractor.
2.02 EXECUTION, CORRELATION, AND INTENT OF CONTRACT DOCUMENTS
A. 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.
B. In the event of conflicting provisions within the Job Order Contract, the following
order of precedence with item 1" representing the highest precedence, for
resolution of the conflict shall apply:
1. Contract Modifications (later takes precedence over earlier)
2. Agreement
3. Addenda (later takes precedence over earlier)
4. General Conditions
5. Job Orders (including Detailed Scopes of Work and Requests for
Proposals)
6. Project Manual
7. The Construction Task Catalog°
8. Technical Specifications
C. The intent of the Contract Documents is to include all items necessary for the
proper execution and completion of the Work. Words and abbreviations that have
well-known technical or trade meanings are used in the Contract Documents in
accordance with such recognized meanings.
D. Execution of the Contract by the Contractor is a representation that the Contractor
has become familiar with the local conditions under which the Work is to be
performed and has correlated personal observations with the requirements of the
Contract Documents.
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E. All work and material shall be the best of the respective kinds specified or
indicated. Should any workmanship or materials be required that are not directly
or indirectly called for in the Contract Documents, but which nevertheless are
necessary for proper fulfillment of the obvious intent thereof, said workmanship or
materials shall be the same for similar parts that are detailed, indicated or
specified, and the Contractor shall understand the same to be implied and provide
for it in his/her tender as if it were particularly described or delineated.
2.03 OWNERSHIP AND USE OF DOCUMENTS
All Contract Documents and copies thereof furnished shall remain the property of the
Owner. With the exception of one (1) contract set for each party to the Contract, such
documents are to be returned by Contractor or suitably accounted for to the Owner on
request at the completion of the Work. Submission or distribution to meet official
regulatory requirements or for other purposes in connection with the Project is not to be
construed as publication in derogation of the Architect's common law copyright or other
reserved rights. The Owner's use of the documents will not increase the Architect's design
liability beyond the Project and the site for which the design was originally intended.
2.04 DEFINITIONS
The following words, or variations thereof, as used in these documents have meanings
as defined:
A. The Work - The Work comprises the completed construction required of the
Contractor by the Contract Documents, and includes all labor, materials,
equipment, and services necessary to produce such construction, and all
materials, other permits and equipment incorporated or to be incorporated in such
construction.
B. The Project — The collective improvements to be constructed by the Contractor
pursuant to a Work Order, or a series of related Work Orders.
C. Owner- The County of Fresno, State of California, as represented by the Fresno
County Board of Supervisors and so named in the Agreement. The term Owner
means the Owner or the Owner's authorized representative (also known as the
Project Manager) for this project.
D. Architect of record—The Owner and his/her authorized representative, as defined
in Section 2.04C, or a duly California licensed Architect.
E. Contractor - When used in the General Conditions refers to person(s) or entity
(partnership or corporation) so named in Agreement and when used in the body
of the Specifications, refers to the Contractor for that specific work, whether it be
the General Contractor, Subcontractor, or other Contractor. The term Contractor
means the Contractor or the Contractor's authorized representative.
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F. Subcontractor - Person, persons, entity, co-partnership, or corporation having
direct contract with Contractor to perform any of the Work at the site. The term
Subcontractor means a Subcontractor or a Subcontractor's authorized
representative. The term Subcontractor does not include any separate contractor
or any separate contractor's subcontractors.
G. Sub-subcontractor — Person, persons, entity, co-partnership, or corporation
having a direct or indirect contract with a Subcontractor to perform any of the Work
at the site(i.e., a second-tier,third-tier, or lower-tier Subcontractor). The term Sub-
subcontractor means a Sub-subcontractor or an authorized representative
thereof.
H. Adjustment Factor—A competitively bid adjustment to be applied to the unit prices
listed in the Construction Task Catalog°.
I. Award Criteria Figure -The sum of the extended totals as calculated in the on the
Bid Form, which is used for the purposes of determining the lowest Bid.
J. Construction Task Catalog°-A comprehensive listing of construction related tasks
together with a specific unit of measure and a published Unit Price.
K. Detailed Scope of Work — A document setting forth the work the Contractor is
obligated to complete for a particular Work Order.
L. Work Order — A written order issued by the Owner, such as a Purchase Order,
requiring the Contractor to complete the Detailed Scope of Work within the Work
Order Completion Time for the Work Order Price. A project may consist of one or
more Work Orders. The term Work Order and the term Job Order may be used
interchangeably throughout the documents.
M. Work Order Completion Time — The time within which the Contractor must
complete the Detailed Scope of Work.
N. Work Order Price — The amount a Contractor will be paid for completing a Work
Order.
O. Work Order Proposal - A set of documents including: (a) Price Proposal; (b)
construction schedule; (c)list of proposed subcontractors; and (d)other requested
documents.
P. Joint Scope Meeting — A site meeting attended by the Owner and Contractor to
discuss the work before the Detailed Scope of Work is finalized.
Q. Maximum Contract Value - The maximum value of Work Orders that the
Contractor may receive under this Contract.
R. Minimum Contract Value—The minimum value of Work Orders that the Contractor
is guaranteed the opportunity to perform under this Contract.
S. Non-Pre-priced Task — An item of work required by the Detailed Scope of Work
but not included in the Construction Task Catalog°.
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T. Normal Working Hours — Includes the hours from 7:00 a.m. to 5:00 p.m. Monday
through Friday, except for Owner holidays.
U. Notice to Proceed -A written notice issued by the Owner directing the Contractor
to proceed with construction activities to complete the Work Order.
V. Other than Normal Working Hours — Includes the hours of 5:00 p.m. to 7:00 a.m.
Monday through Friday and all day Saturday, Sunday, and Owner Holidays.
W. Pre-priced Task—An item of work included in the Construction Task Catalog°for
which a Unit Price is given.
X. Price Proposal — A price proposal prepared by the Contractor that includes the
Pre-priced Tasks, Non-Pre-priced Tasks, appropriate quantities, and appropriate
Adjustment Factors required to complete the Detailed Scope of Work.
Y. Proposal Package — A set of documents including at least: (1) a Price Proposal;
(2) a proposed construction schedule; (3) a list of proposed subcontractors; (4)
sketches, drawings, or layouts; and (5) technical data or information on proposed
materials or equipment.
Z. Request for Proposal —A written request to the Contractor to prepare a Proposal
for the Detailed Scope of Work referenced therein.
AA. Supplemental Work Order - A Work Order issued to add or delete Work from an
existing, related Work Order.
BB. Technical Specifications — Contains the written requirements for materials,
equipment, systems, standards and workmanship for the Work, and performance
of related services.
CC. Unit Price - The price published in the Construction Task Catalog° for a specific
construction or construction related work task. Unit Prices for new Pre-priced
Tasks can be established during the course of the Contract and added to the
Construction Task Catalog°. Each Unit Price is comprised of labor, equipment,
and material costs to accomplish that specific Pre-priced Task.
DD. Days- All days shall be measured in calendar days unless specifically noted
otherwise in these documents or referenced codes.
EE. Year- One year shall be measured in terms of 365 calendar days.
2.05 SPECIFICATIONS AND DRAWINGS
A. Precedence — Anything mentioned in the Specifications and not shown on the
Drawings or shown on the drawings and not mentioned in the specifications, shall
be of like effect as if shown or mentioned in both. Subject to Section 2.02, in cases
of discrepancy concerning dimension, quantity and location, the Drawings shall
take precedence over the Specifications. Explanatory notes on the Drawings shall
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take precedence over conflicting drawn indications. Large scale details shall take
precedence over smaller scale details and figured dimensions shall take
precedence over scaled measurement. Where figures are not shown, scale
measurements shall be followed but shall in all cases be verified by measuring
actual conditions of Work already in place. In cases of discrepancy concerning
quality and application of materials and non-technical requirements over
materials, the specifications shall take precedence over Drawings.
B. Division of Specifications - For convenience of reference and to facilitate the
letting of independent contracts, this specification may be separated into certain
sections; such separation shall not operate to oblige the Owner, Architect or
Professional Consultant 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. Governing Factors - Dimensions figured on drawings shall be followed in every
case in preference to scale of drawings.
D. Discrepancies - Should the Contractor, at any time, discover a discrepancy in a
drawing or specification, or any variation between dimensions on drawings and
measurements at site, or any lacking dimensions or other information, he/she
shall report at once to the Project Manager requesting clarification and shall not
proceed with the work affected thereby until such clarification has been made. If
the Contractor proceeds with work affected by such discrepancies, without having
received such clarification, he/she does so at his/her own risk. Any adjustments
involving such circumstances made by the Contractor, prior to approval by the
Project Manager, shall be at the Contractor's risk and the settlement of any
complications or disputes arising therefrom shall be at the Contractor's sole
expense and Contractor shall indemnify, hold harmless and defend Owner,
Owner's representatives, and Project Manager from any liability or loss with
respect to said adjustments.
E. Scope of Drawings—When drawings are included in the Detailed Scope of Work,
the drawings shall be held to determine the general character of the Work as well
as its details. Parts not detailed shall be constructed in accordance with best
standard practice for work of this class, so as to afford the requisite strength and
logically complete the parts they compose. Where it is obvious that a drawing
illustrates only a part of a given work or of a number of items, the remainder shall
be deemed repetitious and so construed. The Contractor shall be responsible for
all errors made in using any drawings which have been superseded.
F. Shop Drawings, Product Data and Samples —
1. Shop Drawings are drawings, diagrams, schedules, and other data
specially prepared for the Work by the Contractor or any Subcontractor,
manufacturer, supplier, or distributor to illustrate some portion of the Work.
Product Data are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams, and other information furnished by the
Contractor to illustrate a material, product, or system for some portion of
the Work. Samples are physical examples that illustrate materials,
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equipment, or workmanship, and establish standards by which the work
will be judged.
2. The Contractor shall prepare, review, approve and submit to the Project
Manager, with reasonable promptness and in such sequence as to cause
no delay in the Work or in the work of the Owner or any separate
contractor, all Shop Drawings, Product Data and Samples required by the
Contract Documents.
3. By preparing, approving and submitting Shop Drawings, Product Data and
Samples, the Contractor represents that the Contractor has determined
and verified all materials, field measurements and field construction
criteria related thereto, or will do so with reasonable promptness, and has
checked and coordinated the information contained within such submittals
with the requirements of the Work, the Project, the Work Order and the
Contract Documents.
4. The Contractor shall not be relieved of responsibility for any deviation from
the requirements of the Contract Documents by the Architect's review of
Shop Drawings, Product Data or Samples, unless the Contractor has
specifically informed the Project Manager in writing of such deviation at
the time of submission and the Architect has reviewed the specific
deviation. The Contractor shall not be relieved from responsibility for errors
or omissions in the Shop Drawings, Product Data or Samples by the
Architect's review of them.
5. When professional certification of performance criteria of materials,
systems or equipment is required by the Contract Documents, the
Architect shall be entitled to rely upon the accuracy and completeness of
such calculations and certifications. The cost of such certifications shall be
borne by the Contractor. Owner may elect to have an independent
certification performed at its own expense. The Owner shall have final
approving authority for performance-based items.
6. The Contractor shall direct specific attention, in writing or on resubmitted
Shop drawings, Product Data, or Samples, to revisions other than those
requested by the Architect on previous submittals.
7. No portion of the Work requiring submission of a Shop Drawing, Product
Data or Sample shall be commenced until the submittal has been reviewed
by the Architect. All such portions of the Work shall be in accordance with
reviewed submittals.
8. Submission of Shop Drawings and Samples to the Project Manager is
required for only those items specifically mentioned in the Specification
Sections. If Contractor submits Shop Drawings for items other than the
above, the Project Manager will not be obligated to distribute or review
them. Contractor shall be responsible for the procuring of Shop Drawings
for his/her own use as he/she may require for the progress of the Work.
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9. The term "Shop Drawings" as used herein also includes but is not limited
to fabrication, erection, layout and setting drawings, manufacturer's
standard drawings, descriptive literature, catalogs, brochures,
performance and test data, wiring and control diagrams, all other drawings
and descriptive data pertaining to materials, equipment, piping, duct and
conduit systems, and methods of construction as may be required to show
that the materials, equipment or systems and the positions and layout of
each conform to the Contract requirements. As used herein the term
"manufactured" applies to standard units usually mass-produced, and the
term "fabricated" means items specifically assembled or made out
of- selected materials to meet individual design requirements. Shop
Drawings shall establish the actual detail of all manufactured or fabricated
items; indicate proper relation to adjoining work; amplify design details of
mechanical and electrical equipment in proper relation to physical spaces
in the structure; and incorporate minor changes of design or construction
to suit actual conditions.
10. Drawings: Following Contractor's review and approval, Contractor shall
submit to the Project Manager for approval four (4) minimum to six (6)
maximum prints and/or pdf submission of the same information via email.
(Required delivery methods and quantities of submittals will be determined
at the time of the Pre-Construction Meeting). The Project Manager will
check the submittal to see if it is complete. If complete, the Project
Manager will forward the drawings to the Owner and the Architect. The
Architect and Owner will check the drawings and note Architect and Owner
comments and affix a stamp to the drawings indicating the status of
acceptance and will return same to the Project Manager, each retaining
prints for his/her records. The Architect or his/her consultants, as
applicable, will review the Shop Drawings; mark the prints with required
revisions; stamp the prints and indicate "No Exceptions Taken," "Make
Corrections Noted," "Revise and Resubmit," "Submit Specified Item," or
"Rejected,"and return the prints. The Project Manager will return the prints
to the Contractor. The Contractor shall then print and distribute the
appropriate number of copies to his/her job personnel as required. If a
drawing is stamped "Rejected" or "Revise and Resubmit," the Contractor
shall correct and resubmit as outlined above. When stamped "Make
Corrections Noted,"or similar instructions, the Contractor shall correct and
resubmit for record only, three (3) prints of each drawing. Also see
Technical Specifications, Division I, General Requirements.
11. Samples: Following Contractor's review and approval, Contractor shall
submit to the Architect, five (5) minimum samples of all materials in
quantities and sizes as specified herein as requested by the Architect.
Submittals shall be given to the Architect at a time determined by the
Contractor, which allows for any necessary resubmittal and which will not
cause any delay in the Work. Samples will be forwarded to the Architect.
If a sample is stamped "Rejected" or"Revise and Resubmit," one sample
so noted will be returned to the Contractor. The Contractor shall correct
and resubmit as outlined above. If a sample is stamped "Make Corrections
Noted", one sample so noted will be returned. Corrected samples shall be
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resubmitted for approval as per the original submittal. Also see Technical
Specifications and General Requirements.
12. Brochures: Following Contractor's review and approval, Contractor shall
submit to the Architect, five (5) copies of all manufacturer's catalogs or
brochures as required. Brochures will be forwarded to the Architect for
review. If a brochure is stamped "No Exception Taken", two (2) copies will
be returned to the Contractor. If stamped "Rejected", one marked copy
and two (2) unmarked copies will be returned. Corrected copies shall be
resubmitted for approval as per the original submittal. Also see General
Requirements.
13. Manufacturer's Instructions: Where any item or work is required by
Specifications to be furnished, installed, or performed in accordance with
the specified product manufacturer's instructions, Contractor shall procure
and distribute the necessary copies of such instructions to all concerned
parties.
G. 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 Architect through the
Project Manager who will specify the kind and use of the material appropriate to
the location and the function of the item in question. Contractor shall furnish such
item accordingly. Before final payment, all material rejected by the Architect or
Project Manager shall be promptly removed from the premises by the Contractor,
whether or not completely installed, and promptly and properly replaced with
correct materials, including any other work adjoining if disturbed, in accordance
with the contract and without expense to the Owner; the Contractor also shall pay
for work of other Contractors as is affected by such removals and replacements.
2.06 THE ARCHITECT
A. The Owner may delegate all or a portion of its rights and responsibilities to a
licensed Architect as deemed necessary per Work Order.
B. The Architect advises the Project Manager in all aspects of the construction phase
of the Project. The Architect's functions include advice and assistance to the
Project Manager in the correct interpretation and application of the Contract
Documents. The Architect is not authorized independently to issue Addenda,
Clarifications, Field Orders, Work Authorizations, or Supplemental Work Orders,
or in any other way to bind the Owner in discussions with the Contractor.
C. The Contractor shall deliver all correspondence relating to the proper execution
of the Work to the Project Manager. The Project Manager reserves the right to
consult with the Architect and Owner prior to responding to the Contractor's
correspondence.
D. When discussions between the Contractor and the Project Manager occur either
on the site or elsewhere, but the Architect is not present, the Project Manager
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reserves the right to consult with the Architect and Owner prior to issuing his/her
final decision or instruction.
E. The Architect shall review or take other appropriate action upon the Contractor's
submittals such as Shop Drawings, Product Data and Samples, but only for
conformance with the design concept of the Work and the information given in the
Contract Documents. Such action shall generally be taken within ten (10)working
days, however under certain circumstances such as very complex submittals or if
large number of submittals are submitted at one (1)time it may take longer. In this
case the Contractor will be notified and given the opportunity to advise the
Architect of priorities. The Architect's review of a specific item shall not indicate
review of an assembly of which the item is a component.
2.07 THE PROJECT MANAGER
A. The Project Manager is the authorized representative of the Owner in all aspects
of administering the construction contract on behalf of the Owner. All
communications from and to the Contractor will be channeled through the Project
Manager. However, the Project Manager does not have the authority to bind the
Owner in matters affecting adjustments to the time or cost of the project as defined
in the Agreement for Construction.
B. The Project Manager will be the Owner's representative during the construction
and warranty periods, and until final payment to all contractors is due. The Project
Manager will advise and consult with the Owner. All instructions to the Contractor
shall be forwarded through the Project Manager. The Project Manager will have
authority to act on behalf of the Owner only to the extent provided in the Contract
Documents, unless otherwise modified by written instrument.
C. The Project Manager will be on site during construction to monitor the progress
and quality of the Work and to determine in general if the Work is proceeding in
accordance with the Contract Documents. On the basis of on-site observations
and communication with the Contractor, the Project Manager will keep the Owner
informed of the progress of the Work and will endeavor to guard the Owner against
defects and deficiencies in the Work of the Contractor.
D. The Project Manager shall at all times have access to the Work wherever it is in
preparation and progress. The Contractor shall provide facilities for such access
so that the Project Manager may perform its functions under the Contract
Documents.
E. Based on the Project Manager's observations, and an evaluation of the
Contractor's Application for Payment, the Project Manager will determine the
amount owing to the Contractor and will issue to the Owner Certificates for
Payment incorporating such amount.
F. The Project Manager will be the initial interpreter of the requirements of the
Contract Documents and the initial judge of the performance hereunder by the
Contractor. The Owner will have final authority of all such matters.
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G. The Project Manager will render interpretations necessary for the proper
execution or progress of the Work, with reasonable promptness and in
accordance with agreed upon time limits. Either party to the Contract may make
written request to the Project Manager for such interpretations.
H. Claims, disputes, and other matters in question between the Contractor and the
Project Manager relating to the execution or progress of the Work or the
interpretation of the Contract Documents shall be referred to the Owner(or his/her
designee).
I. All interpretations and decisions of the Project Manager will be in writing or in
graphic form and shall be both consistent with the intent of the Contract
Documents and reasonably inferable therefrom.
J. The Project Manager will have the authority to reject, or recommend to the Owner
the rejection, of any work that does not conform to the Contract Documents.
Whenever, in the Project Manager's opinion, it is considered necessary or
advisable for the implementation of the intent of the Contract Documents, the
Project Manager will have authority to require special inspection or testing of the
Work whether or not such work be then fabricated, installed, or completed.
K. The Project Manager will receive from the Contractor and review all Shop
Drawings, Product Data and Samples, and forward same to Architect and Owner
for review.
L. Following consultation with the Owner, the Project Manager will take appropriate
action on changes and will have authority to order minor changes in the Work as
provided herein.
M. The Project Manager will conduct inspections to determine the date of Completion
and will receive and forward to the Owner for the Owner's review written
warranties and related documents required by the Contract Documents and
assembled by the Contractor. The Project Manager will issue a final Project
Certificate for Payment upon compliance with the requirements for completion and
final payment. The Project Manager will monitor the warranty for a period of one
(1) year from and after the date of acceptance of the Work, unless otherwise
specified as a longer term.
N. The duties, responsibilities and limitations of authority of the Project Manager as
the Owner's representatives during construction as set forth in the Contract
Documents, will not be modified or extended without written consent of the Owner,
the Contractor and the Project Manager, which consent shall not be unreasonably
withheld. Failure of the Contractor to respond within ten (10) business days to a
written request shall constitute consent by the Contractor.
O. In case of the termination of the employment of the Project Manager, the Owner
may appoint a successor Project Manager, whose status and duties under the
Contract Documents shall be the same as those of the former Project Manager.
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2.08 OWNER
A. Information and Services Required of the Owner
1. Unless otherwise provided in the Contract Documents, the Owner shall
secure and pay for necessary approvals, easements, assessments, and
charges required for the construction, use or occupancy of permanent
structures or for permanent changes in existing facilities.
2. Information or services under the Owner's control shall be furnished by the
Owner with reasonable promptness to avoid delay in the orderly progress
of the Work.
3. The Owner shall forward all instructions to the Contractor through the
Project Manager.
B. Owner's Right to Stop the Work
If the Contractor fails to correct defective work as required by Section 2.42 herein
or persistently fails to carry out the Work in accordance with the Contract
Documents, the Owner, by a written order signed personally or by an agent
specifically so empowered by the Owner in writing, may order the Contractor to
stop the Work, or any portion thereof, until the cause for such order has been
eliminated; however, this right of the Owner to stop the Work shall not give rise to
any duty on the part of the Owner to exercise this right for the benefit of any
contractor or any other person or entity, except to the extent required by Section
2.12.C.
C. Owner's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails after written notice from the Owner to correct such
default or neglect with diligence and promptness, the Owner may, after an
additional written notice and without prejudice to any other remedy the Owner may
have, make good such deficiencies. In such case an appropriate Supplemental
Work Order shall be issued deducting from the payments then or thereafter due
the Contractor the cost of correcting such deficiencies, including compensation
for the additional services of the Architect or other professionals made necessary
by such default, neglect, or failure. Such action by the Owner and the amount
charged to the Contractor are both subject to the prior approval of the Architect. If
the payments then or thereafter due the Contractor are not sufficient to cover such
amount, the Contractor shall pay the difference to the Owner, or Owner may
require payment by the surety on the performance or warranty bonds as
appropriate. 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.
D. Award of Individual Work Orders
The Owner may award an individual Work Order to any selected Contractor.
Selection of the Contractor and award of the Work Order will be in compliance
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with established Owner procedures and based on one or more of the following
criteria:
1. Rotational selection among all Contractors, unless otherwise determined
by the Owner.
2. Evaluation of past and current performance on Work Orders of a similar
nature and type of work, project size, construction management
challenges, schedule performance, design management requirements,
etc.
3. Balancing of work load (Work Order dollar volume and construction
backlog) among Contractors.
4. Management of Work Order dollar volume within bonding limitations of the
Contractor.
5. Price, as it relates to the Owner's independent cost estimate.
6. Contractor's responsiveness to the Owner on Work Orders.
7. Other appropriate criteria as deemed in the best interest of the Owner.
2.09 CONTRACTOR RESPONSIBILITIES
A. Procedure for Developing a Work Order
As the need exists, the Owner will notify the Contractor of a Project, schedule a
Joint Scope Meeting, and issue a Notice of Joint Scope Meeting. The Contractor
shall attend the Joint Scope Meeting and discuss, at a minimum:
1. the general scope of the work;
2. alternatives for performing the work and value engineering;
3. access to the site and protocol for admission;
4. hours of operation;
5. staging area;
6. requirements for catalog cuts, technical data, samples, and shop
drawings;
7. requirements for professional services, sketches, drawings, and
specifications;
8. construction duration;
9. liquidated damages;
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10. the presence of hazardous materials;
11. date on which Proposal is due.
Upon completion of the joint scoping process, 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 that will require the
Contractor to prepare a Work Order Proposal. 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 Work Order Package, 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.
The Owner may, at this option, include quantities in the Detailed Scope of Work if
it helps to define the Detailed Scope of Work, if the actual quantities required are
not known or cannot be determined at the time the Detailed Scope of Work is
prepared, if the Contractor and the Owner cannot agree on the quantities required,
or for any other reason as determined by the Owner. In all such cases, the Owner
shall issue a Supplemental Job Order adjusting the quantities appearing in the
Detailed Scope of Work to the actual quantities.
B. Preparation of the Price Proposal
The Contractor will prepare Price Proposals in accordance with the following:
1. Pre-priced Tasks: A Pre-priced Task is a task described and for which a
Unit Price is set forth in the Construction Task Catalog°. For Pre-priced
Tasks, the Contractor shall identify the task and quantities required from
the Construction Task Catalog°.
2. Non-Pre-priced Tasks: Units of work not included in the Construction Task
Catalog°, but within the general scope and intent of this Contract, may be
negotiated into this Contract as needs arise. Such work requirements shall
be incorporated into and made a part of this Contract for the Work Order
to which they pertain and may be incorporated into the Construction Task
Catalog° if determined appropriate by the County at the negotiated price.
Non-Pre-Priced Tasks shall be separately identified and submitted in the
Proposal.
a. The Contractor shall break down any Non-Pre-price item if the
labor, material, or equipment required to accomplish the Non-Pre-
priced task can be used out of the Construction Task Catalog° at
a pre-price rate times the Bidder's appropriate Adjustment Factor.
Whether a Work requirement is Pre-priced or Non-Pre-priced is a
final determination by the County, binding and conclusive on the
Contractor.
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b. Information submitted in support of Non-Pre-priced work shall
include, but not be limited to, the following: Complete specifications
and technical data, including work unit content, work unit costs
data, schedule requirements; quality control and inspection
requirements. Pricing data submitted in support of Non-Pre-Priced
Tasks 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 County, cost data
shall be submitted demonstrating that the Contractor solicited and
received three bids. 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.
C. The final price submitted for Non-Pre-priced Tasks shall be
according to the following formula:
Contractor Performed Duties
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 Normal Hours
Adjustment Factor (Only if A & B cannot be priced out of the
Construction Task Catalog°)
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
cannot be obtained, the Contractor will provide the reason in
writing for the County's approval as to why three quotes cannot be
submitted.
D = Subcontractor Costs (supported by three quotes)
Total Costs of Non-Pre-Priced Task = D x Normal Hours
Adjustment Factor
d. After a Non-Pre-priced Task has been approved by the Owner, the
Unit Price for such task will be established, and fixed as a
permanent Non-Pre-priced Task which will no longer require price
justification.
e. 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.
3. Whenever, because of trade jurisdiction rules or small quantities, the cost
of a minor task in the Price Proposal is less than the cost of the actual
labor and material 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-
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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 cannot be scheduled at the same
time and the final charge does not exceed one thousand dollars ($1,000).
4. Contractor shall make the necessary arrangements for and obtain all
filings and permits required for the Work, including the preparation of all
drawings, sketches, calculations and other documents and information
that may be required therefor. If the Contractor is required to pay an
application fee for filing a project, a fee to obtain a building permit, or any
other permit fee to the City, State or some other governmental or
regulatory agency, then the amount of such fee paid by the Contractor for
which a receipt is obtained shall be treated as a Reimbursable Task to be
paid without mark-up. The cost of expediting services or equipment use
fees are not reimbursable.
5. Design requirements will be determined by the scope of work defined in
each Work Order. If the level of Architect/Engineer services for a Work
Order requires stamped plans and specifications for the development of
the Detailed Scope of Work, the Owner shall be responsible to prepare
them. As needed, the contractor may assist with the development of the
scope through one or more joint scope meetings and subsequent review
of the prepared documents. All shop drawings, submittals and similar
documents required in connection with a particular Work Order are
considered to be incidental to the Contract and included in the Contractor's
Adjustment Factors.
6. The Contractor's Price Proposal shall include, at a minimum:
a. Price Proposal;
b. Back Up for Non-Pre-priced Tasks;
C. Any other documentation requested by the Owner.
7. The Contractor's Price Proposal shall be submitted by the date indicated
on the Request for Proposal. All incomplete Price Proposals shall be
rejected. The time allowed for preparation of the Contractor's Price
Proposal will depend on the complexity and urgency of the Work Order but
should average between seven (7) and fourteen (14) days. On complex
Work Orders, such as Work Orders requiring incidental
engineering/architectural drawings and approvals and permits, allowance
will be made to provide adequate time for preparation and submittal of the
necessary documents.
8. By submitting a Price Proposal to the Owner, the Contractor agrees to
accomplish the Detailed Scope of Work in accordance with the Request
for Proposal at the price submitted. It is the Contractor's responsibility to
include the necessary tasks and quantities in the Price Proposal and apply
the appropriate Adjustment Factor(s) prior to delivering it to the Owner.
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9. If the Contractor requires clarifications or additional information regarding
the scope of work in order to prepare the Price Proposal, the request must
be submitted so that the submittal of the Price Proposal is not delayed.
C. Review of the Price Proposal
1. If the Owner finds the Contractor's Price Proposal unacceptable, the
Owner may request the Contractor to re-submit its Price Proposal or
cancel the Work Order. After the Owner has reviewed the Price Proposal
and an agreement has been reached between the Owner and the
Contractor as to the nature of the revisions, if any, the Contractor is not
allowed to make any changes to the revised Price Proposal other than the
agreed upon changes. Unless otherwise specified by the Owner, if the
Contractor is required to resubmit the Price Proposal, the revised Price
Proposal is due no later than forty-eight (48) hours after the changes have
been agreed upon.
2. 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:
a) Will constitute or create a hazard to the work, or to persons or
property; or
b) Will not produce finished Work in accordance with the terms of the
Contract; or
c) Unnecessarily increases the price of the Work Order when
alternative means and methods are available; or
d) Deviates from the Detailed Scope of Work.
3. Once the Price Proposal is accepted by the Owner (by issuance of a
Notice to Proceed through the Gordian System), the Work Order becomes
a firm fixed, lump sum contract. Unless specifically stated in the Detailed
Scope of Work, no adjustment in the proposed Pre-priced Tasks and Non-
Pre-priced Tasks or quantities is allowed. Inspection of the Contractor's
Work shall be against the Detailed Scope of Work including any Technical
Specifications and Drawings, not against the Price Proposal.
D. Preparation of the Proposal Package:
1. Time for Submittal: Upon acceptance of the Contractor's Price Proposal,
the Contractor will be required to submit the Proposal Package within five
(5) working days of said acceptance, unless otherwise specified by the
Owner. If the Contractor fails to meet the deadline for submittal of the
Proposal Package, the Owner may declare the Contractor in default and
initiate termination of the Work Order.
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2. The Proposal Package shall include:
a. Price Proposal as agreed to
b. Final back-up for any Non-Pre-priced Tasks (if applicable)
C. Subcontractor List, including:
i. The name, license number and the location of the place of
business of each subcontractor who will perform work or
labor or render service to the general contractor in or about
the construction of the work or improvement in an amount
in excess of one-half (1/2) of one percent (1%) of the
general contractor's total proposal amount, and
ii. The portion of the work which will be done by each
subcontractor.
iii. 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.
d. Final drawings, calculations, specifications (if applicable)
e. Final catalog cuts, (if applicable)
f. Special insurance, (if applicable)
g. For Special equipment and installations, a copy of the warranty
document (if applicable)
h. Any other documentation required for the Work Order as indicated
on the RFP (if applicable)
3. By submitting a Proposal Package to the Owner, the Contractor is
agreeing to accomplish the Work outlined in the Request for Proposal and
the Detailed Scope of Work for that particular Work Order.
E. Review of the Proposal Package and Issuance of the Work Order:
1. The Owner will evaluate the entire Proposal Package.
2. The Owner reserves the right to reject a Contractor's Proposal Package
based on inadequate documentation, unacceptable subcontractors, or
other inconsistencies on the Contractor's part.
3. The Owner reserves the right to reject a Price Proposal or cancel a Project
for any reason. The Owner also reserves the right not to issue a Work
Order if it is determined to be in the best interests of the Owner. The Owner
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may perform such work by other means. The Contractor shall not recover
any costs arising out of or related to the development of the Work Order
including but not limited to the costs to attend the Joint Scope Meeting,
review the Detailed Scope of Work, prepare a Proposal (including
incidental architectural and engineering services), subcontractor costs,
and the costs to review the Work Order Proposal with the Owner.
4. Each Work Order provided to the Contractor shall reference the Detailed
Scope of Work and set forth the Work Order Price and the Work Order
Completion Time. All clauses of this Contract shall be applicable to each
Work Order. The Work Order, signed by the Owner and delivered to the
Contractor constitutes the Owner's acceptance of the Contractor's
Proposal Package. A signed copy of the Work Order will be provided to
the Contractor.
5. In the event that immediate emergency response is necessary, the
Contractor shall be required to follow alternative procedures as
established by the Owner. The Contractor shall begin work as directed
notwithstanding the absence of a fully developed Request for Proposal,
Detailed Scope of Work, or Work Order. The Contractor shall be
compensated in accordance with the Construction Task Catalog° and
Non-Pre-priced Tasks as if the work had been ordered under the standard
procedures.
F. Review of Contract Documents and Field Conditions
1. The Contractor shall carefully study and compare the Contract Documents
and shall at once report to the Project Manager any discrepancy or
inconsistency that may be discovered. The Contractor shall not be liable
to the Owner or the Project Manager for any damage resulting from any
such inconsistencies or discrepancies in the Contract Documents unless
the Contractor recognized such inconsistencies or discrepancies and
knowingly failed to report it to the Project Manager, or the Contractor was
responsible for the preparation of the Contract Documents. The Contractor
shall perform no portion of the Work at any time unless authorized by the
Contract Documents or, where required, approved Shop Drawings,
Product Data or Samples for such portion of the Work.
2. Neither the Owner nor the Project Manager or Architect assume any
responsibility for an understanding or representation made by any of their
agents or representation prior to the execution of the Agreement unless
(1) such understanding or representations are expressly stated in the
Agreement, and (2) the Agreement expressly provides that responsibility
therefore is assumed by the Owner.
3. Failure by the Contractor to acquaint himself/herself with all available
information will not relieve him/her from responsibility for estimating
properly the difficulty or cost of successfully performing the Work.
4. The Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and
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other information known to the Contractor with the Contract Documents
before commencing activities. Any inconsistencies or discrepancies
discovered by the Contractor shall be reported to the Project Manager at
once.
5. Before submitting any Request for Information (RFI), or other contractor
initiated request for information, the Contractor shall determine that the
information requested is not clearly provided in the Contract Documents.
RFI's shall be submitted to the Project Manager only from the Contractor,
or Owner, and not from any subcontractor, supplier, or other vendor, and
shall be on a form approved by the Project Manager. The Contractor shall
provide a revised and updated RFI Priority Schedule on a weekly basis.
The RFI Priority Schedule shall rank RFI's in order of priority and include
a brief statement of reason for priority. Owner initiated RFI's will not be
listed on the Contractor's RFI Priority Schedule. The Owner will provide
the Architect or Engineer a separate list of Owner initiated RFI's upon
request of the Architect or Engineer. The Architect or Engineer will
endeavor to respect the order of priorities as requested by the Contractor
or Owner for the overall benefit of the Project. The RFI process is for
information and clarification only and may not be utilized to obtain approval
for changes in Work Order Price or time. Also see Division 01 - General
Requirements.
G. Supervision Procedures
1. The Contractor shall efficiently supervise and direct the Work, using
therein the Contractor's best skill and diligence for which he/she is
remunerated in the Work Order Price. They shall carefully inspect the site
and study and compare the Contract Documents, as ignorance of any
phase of any of the features or conditions affecting the Contract will not
excuse him/her 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. Important communications shall be confirmed in
writing. Other communications shall be so confirmed upon written request
in each case. The Superintendent who begins the project shall remain on
the project until the project is completed, as long as the Contractor
employs that person. The Superintendent shall not be replaced without the
approval of the Owner.
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/her.
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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 Owner or the Architect or Engineer in his/her administration
of the Contract, or by inspections, tests or approvals required or performed
by persons other than the Contractor.
6. Contractor 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.
H. Construction Procedures
1. For any work that takes place within secured facilities: All access to the
construction site shall be coordinated with the appropriate Fresno County
department as identified in the Detailed Scope of Work. Security
background checks will be required for any employee that performs work
within the secure perimeter of a facility. Security background forms can be
obtained from the Project Manager. After the acceptance of the
Contractor's Work Order Proposal but prior to the Notice to Proceed and
the commencement of work, the forms for all required persons shall be
submitted to the appropriate department for review. Vendor badges and/or
other forms of identification will then be issued which must be worn at all
times while within the secured areas of the site. The costs for the required
background checks will be borne by the County.
2. Means and Methods - The Contractor shall be solely responsible for, and
control of construction means, methods, techniques, sequences,
coordination, and procedures for all the Work of this contract. Additionally,
he/she shall be responsible for safety precautions and programs in
connection with the Work.
3. The Contractor shall coordinate all work with the Project Manager to
minimize any interruptions to the normal operation of any affected
facilities; particularly interruptions to air conditioning, electrical services,
alarm systems, communications, and computer systems. The Contractor
shall be responsible for all costs incurred by the Owner on a system 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's operations.
4. Laws of County and State - The Contractor must comply with all laws,
rules, regulations, provisions, and ordinances of the County in which the
Work is being done, and all State laws pertaining to the Work.
5. 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.
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6. Housekeeping - Contractor shall keep the premises free of excess
accumulated debris. Clean up as required and as directed by the Project
Manager. At completion of work all debris shall be removed from the site.
Refer to General Requirements for additional requirements.
7. Labor and Materials - Unless otherwise provided in the Contract
Documents, the Contractor shall provide and pay for all labor, materials,
equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for the
proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the
Work.
8. The Contractor shall deliver to the Project Manager, prior to final
acceptance of the Work as a whole, signed certificates from suppliers of
materials and manufactured items stating that such items conform to the
Contract Documents.
9. The Contractor, immediately upon Notice to Proceed of each individual
Work Order (or where shop drawings, samples, etc., are required,
immediately upon receipt of review thereof) shall place orders for all
materials, work fabrication, and/or equipment to be employed by him/her
in that portion of the Work contracted for. The Contractor shall keep all
materials, work fabrications and/or equipment specified and shall advise
the Project Manager promptly, in writing, of all orders placed and of such
materials, work fabrications and/or equipment which may not be available
in a timely manner for the purposes of the Contract.
10. Any worker whose work is unsatisfactory to the Owner or the Architect or
Engineer or are considered by the Owner or Architect or Engineer to be
careless, incompetent, unskilled, or otherwise unfit shall be dismissed
from work under the Contract upon written request to the Contractor from
the Owner or the Architect or Engineer.
11. Temporary Facilities — 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. Toilet
facilities may be available on a site to the workers engaged in the
performance of this contract. It shall be the responsibility of the Contractor
to confirm with the Owner the availability of toilet facilities on the site. The
use of such facilities may be revoked in the event of excess janitorial
requirements.
12. 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 6-ABC fire extinguisher for each 9,000 square feet of
project area or fraction thereof.
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13. 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 building 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 building 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.
14. 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:
i. Material that the contractor believes may be material that is
hazardous waste, as defined in Section 25117 of the Health
and Safety Code that is required to be removed to a Class
I, Class II, or Class III disposal site in accordance with
provisions of existing law.
ii. Subsurface or latent physical conditions at the site differing
from those indicated.
iii. 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 contract.
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 a Supplemental Work Order in accordance with the
provisions of Section 2.09 of the General Conditions.
C. In the event that a dispute arises between the Owner and the
contractor whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in the
contractor's cost of, or time required for, performance of any part
of the work, the contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall
proceed with all work to be performed under the contract. The
contractor shall retain any and all rights provided either by contract
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or by law which pertain to the resolution of disputes and protests
between the contracting parties.
2.10 SUBCONTRACTORS
A. Agreements - Agreements between the Contractor, Subcontractors, and
Subcontractors 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. The Contractor shall only use subcontractors included
in his/her Work Order Proposal unless first approved by the Owner pursuant to
statute. The Contractor shall not use any subcontractor who is ineligible to perform
work on a Public Works Project pursuant to section 1777.1 or 1777.7 of the Labor
Code. Notwithstanding any other provision of 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 Subcontractor— By an appropriate agreement, written where legally
required for enforceability, the Contractor shall bind every Subcontractor and
require therein that every Subcontractor 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 Subcontractor promptly
upon issuance of Certificate of Payment, his/her or their due portion. Said
agreement shall preserve and protect the rights of the Owner and the Architect
under the Contract Documents with respect to the work to be performed by the
Subcontractor so that the subcontracting thereof will not prejudice such rights, and
shall allow to the Subcontractor, unless specifically provided otherwise in the
Contractor-Subcontractor Agreement, the benefit of all rights, remedies and
redress against the Contractor that the Contractor, under the Contract
Documents, has against the Owner. Where appropriate, the Contractor shall
require each Subcontractor to enter into similar agreements with their Sub-
subcontractors. The Contractor shall make available to each proposed
Subcontractor, prior to the execution of the Subcontract, copies of the Contract
Documents to which the Subcontractor will be bound by this Paragraph and
identify to the Subcontractor any terms and conditions of the proposed
Subcontract which may be at variance with the Contract Documents. Each
Subcontractor shall similarly make copies of Contract Documents available to
their Sub-subcontractors. Nothing contained herein shall be deemed to create an
agency relationship between the Owner and any Subcontractor or material
supplier.
C. Owner's Relation - Neither the acceptance of the name of Subcontractor nor the
suggestion of such name nor any other act of the Owner or Architect nor anything
contained in any Contract Document is to be construed as creating any
contractual relation between the Owner (or Owner's authorized representatives)
and any Subcontractor of any tier nor as creating any contractual relation between
the Architect and any Subcontractor of any tier.
D. All Subcontractors employed by the Contractor shall be appropriately licensed in
conformity with the laws of the State of California.
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E. Jurisdictional disputes between Subcontractors or between Contractor and
Subcontractor shall not be mediated or decided by the Owner or the Architect.
The Contractor shall be responsible for the resolution of all such disputes based
upon his/her contractual relationship with his/her Subcontractors.
2.11 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS
A. The Owner reserves the right to perform work related to the Project with the
Owner's own forces, and to award separate contracts in connection with other
portions of the Project or other work on the site under these or similar Conditions
of the Contract. If the Contractor claims that the Owner's action results in delay,
damage, or additional cost attributable thereto, the Contractor shall make such
claim as provided elsewhere in the Contract Documents.
B. When separate contracts are awarded for different portions of the Project or other
work on the site, the term Contractor in the Contract Documents in each case
shall mean the Contractor who executes each separate Owner-Contractor
Agreement.
C. The Owner shall provide for coordination of the activities of the Owner's own
forces and of each separate contractor with the Work of the Contractor, who shall
cooperate with them. The Contractor shall participate with other separate
contractors and the Owner in reviewing their construction schedules when
directed to do so. The Contractor shall make any revisions to the construction
schedule deemed necessary after a joint review and mutual agreement. The
construction schedules shall then constitute the schedules to be used by the
Contractor, separate contractors, and the Owner until subsequently revised.
D. Unless otherwise provided in the Contract Documents, when the Owner performs
construction or operations related to the Project with the Owner's own forces, the
Owner shall be deemed to be subject to the same obligations and to have the
same rights which apply to the Contractor under the Conditions of the Contract.
2.12 MUTUAL RESPONSIBILITY
A. The Contractor shall afford the Owner and separate contractors reasonable
opportunity for introduction and storage of their materials and equipment and
performance of their activities and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
B. When any part of the Contractor's Work depends upon proper execution or results
of the work of the Owner or any separate contractor, the Contractor shall, prior to
proceeding with the Work, promptly report to the Project Manager any apparent
discrepancies or defects in such other work that render it unsuitable for such
proper execution and results. Failure of the Contractor so to report shall constitute
an acceptance of the Owner's or separate contractor's work as fit and proper to
receive the Work, except as to defects which may subsequently become apparent
in such work by others.
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C. If, following the reporting of any discrepancy or defect as required herein above,
the Contractor suffers damage due to disruption or delay caused by the separate
contractor, without fault by the Owner, the Contractor's remedy shall be limited to
seeking recovery from the separate contractor.
D. Any costs caused by defective or ill-timed work shall be borne by the Contractor
responsible therefor.
E. Should the Contractor cause damage to the work or property of the Owner, or to
other work or property on the site, the Contractor shall promptly remedy such
damage as provided herein.
F. Should the Contractor wrongfully delay or cause damage to the work or property
of any separate contractor, the Contractor shall, upon due notice, promptly
attempt to settle with such other contractor by agreement, or otherwise to resolve
the dispute. If such separate contractor sues the Owner on account of any delay
or damage alleged to have been caused by the Contractor, the Owner shall notify
the Contractor who shall defend such proceedings, and if any judgment or award
against the Owner (or Owner's authorized representatives) arises therefrom, the
Contractor shall pay or satisfy such judgment or award in full and shall reimburse
the Owner for all costs which the Owner has incurred in connection with such
matter.
2.13 OWNER'S RIGHT TO CLEAN UP
If a dispute arises between the Contractor and separate contractors as to their
responsibility for cleaning up as required in the Contract Documents, the Owner may
clean up and the contractor responsible shall pay Owner such portions of the cost as the
Project Manager shall determine to be just.
2.14 GOVERNING LAW
The Contract shall be governed by the law of the State of California.
2.15 INSPECTION
A. All material and workmanship (if not otherwise designated by the Contract
Documents) shall be subject to inspection, examination, and test by the Owner
and Project Manager 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 Owner and Project Manager shall have the right to reject defective
material and workmanship or require its correction.
B. 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 Owner and Project Manager.
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C. Where the Contract Documents, instructions by the Owner, laws, ordinances, or
any public authority having jurisdiction requires work to be inspected, tested or
approved before work proceeds, such work shall not proceed, nor shall it be
concealed prior to inspection.
D. The Contractor shall give the Project Manager at least two (2) business days
advance notice of the readiness for any Contract compliance inspection by the
Inspector. The Contractor shall give notice as required by all other inspecting and
testing agencies of jurisdiction for Code and regular compliance inspection. In all
cases, the Contractor shall schedule inspections so as not to delay the Work.
E. If the Project Manager determines that any work requires additional special
inspection beyond that identified in the specifications, the Project Manager will,
upon written authorization from the Owner, instruct the Contractor to order such
special inspection, testing or approval, and the Contractor shall give notice as
provided above. If such special inspection or testing reveals a failure of the Work
to comply with the requirements of the Contract Documents, the Contractor shall
bear all costs thereof, including compensation for the Project Manager's additional
services, testing or inspections made necessary by such failure; otherwise, the
Owner shall bear such costs, and an appropriate Supplemental Work Order shall
be issued.
F. Should it be considered necessary or advisable by the Project Manager 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 Subcontractors,
he/she 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, any compensation deemed appropriate shall be handled by issuance of
a Contract Change Order to the Contractor and he/she shall, in addition, if
completion of the work has been delayed thereby, be granted a suitable extension
of Work Order Time on account of the additional work involved.
G. Required certificates of inspection, testing or approval shall be secured by the
Contractor and the Contractor shall promptly deliver them to the Project Manager
for review and evaluation of compliance with the appropriate specifications and
standards.
H. When the work is completed, the Contractor shall notify the Project Manager in
writing that the work will be ready for final inspection and test on a definite date
which shall be stated in such notice.
2.16 TAXES, PERMITS, FEES, AND INDEMNIFICATION FOR PATENT INFRINGEMENT
CLAIM
A. The Contractor shall pay for and include all Federal, State, and local taxes direct
or indirect for the work or portions thereof provided by the Contractor which are
legally enacted at the time the Notice to Proceed is issued, whether or not yet
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enacted, and secure and pay all fees and charges for permits and licenses, unless
otherwise specified.
B. 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 (and Owner's authorized representatives) free and
harmless, and defend, at the Contractor's own expense, any and all suits that may
be brought in such connection.
C. Unless otherwise provided in the Contract Documents, the Owner shall secure
and pay for the building permit, permanent utility connection fees, and right-of-
way encroachment permit. The Contractor shall secure and pay for temporary
construction utilities, and all other permits and governmental fees, licenses, and
inspections necessary for the proper execution and completion of the Work.
D. The Contractor shall give all notices and comply with all laws, ordinances, rules,
regulations, and lawful orders of any public authority bearing on the performance
of the Work.
E. It is not the responsibility of the Contractor to make certain that the Contract
Documents are in accordance with applicable laws, statutes, building codes and
regulations. If the Contractor observes that any of the Contract Documents are at
variance therewith in any respect, the Contractor shall promptly notify the Project
Manager in writing, and any necessary changes shall be accomplished by
appropriate Modification.
F. If the Contractor performs any work knowing it to be contrary to any laws,
ordinances, rules, and regulations, without notice to the Project Manager, the
Contractor shall assume full responsibility therefore and shall bear all costs
attributable thereto.
G. Any reference in the Contract Documents to codes, standard specifications or
manufacturer's instructions shall mean the latest printed edition of each in effect
at the Contract date.
2.17 CONTRACTOR'S CONSTRUCTION SCHEDULE
A. Within seven (7) calendar days after receipt of Notice to Proceed for each
individual Work Order, the Contractor shall submit a Construction Schedule in
CPM (Critical Path Method) form to the Project Manager for approval. The
Construction Schedule shall be sufficiently detailed to accurately depict all the
work required by the Contract. CPM Construction Schedule shall reflect shop
drawings; submittals due and return dates, fabrication and delivery times, cost
loading, crew mix, and equipment loading data. The Contractor shall thereafter
adhere to the Construction Schedule, as updated monthly, or as necessary in
accordance with the Contract Documents including any scope changes, or
changes in the work approved by the Owner during the course of construction.
"Slack" or "float" time on the CPM Construction Schedule is neither for the sole
benefit of the Owner or Contractor.
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B. Within fourteen (14) calendar days after the pre-construction conference, the
Contractor shall provide a Submittal and Procurement Schedule indicating time
periods for review of Shop Drawings, Data, Samples, and procurement of material
and equipment required for the Work. Contractor shall allow time for submittal
review in accordance with the General Requirements Section — Construction
Progress Documentation. All items that require review by the Project Manager
and/or are not readily available from stock and requiring more than thirty-five (35)
days lead-time shall be included in the Submittal and Procurement Schedule.
Items listed in the Submittal and Procurement Schedule shall also be identified as
activities on the CPM Construction Schedule. Contractor shall identify items
requiring coordination with work of separate contractors. The working day to
calendar date correlation shall be based upon the Contractor's proposed work
week with adequate allowance for legal holidays, days lost due to abnormal
weather, and any special requirements of the Project.
C. The Construction Schedule shall be prepared and maintained by the Contractor.
D. The Owner, Project Manager, Contractor, and other Contractor(s) shall jointly
review the progress of the work weekly. Should this review, in the opinion of the
Project Manager, indicate that the work is behind the schedule established by
currently reviewed Construction Schedule, the Contractor shall either (1) provide
a plan to the Project Manager indicating the steps the Contractor intends to take
in order to recover the time behind schedule and conform to the reviewed
Construction Schedule; or (2) submit a revised Construction Schedule for
completion of the work, remaining within the Work Order Completion Time, to the
Project Manager for review by the next weekly meeting. If the Contractor's
recovery or revised schedule requires work to occur during Other Than Normal
Working Hours, the Contractor will be responsible for any resulting costs incurred
by the Owner, including but not limited to, the costs for construction management,
contract administration, inspection, testing and staffing.
E. The Contractor shall deliver copies of his/her daily job logs to the Project Manager
and Owner on a weekly basis or as otherwise agreed to by Owner. At a minimum,
the Contractor's daily job log should include the sub-contractors working onsite,
number of workers and their trade classification, description of work, visitors,
temperature and weather conditions, accidents, delays, and any other important
information pertaining to the project that day. The Contractor will schedule and
coordinate the Work of all sub-contractors on the Project. The Contractor will keep
the Sub-contractors informed of the Construction Schedule to enable the
Contractor to plan and perform the Work properly.
2.18 RECORDS, DOCUMENTS AND SAMPLES AT THE SITE
A. The Contractor shall maintain all records of required Review Agencies, County or
State inspections and shall promptly notify the Project Manager of the results of
any inspection. Copies of all such records shall be provided to the Owner.
B. The Contractor shall secure and maintain required certificates of inspection,
testing or approval and shall promptly deliver them to the Project Manager.
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C. The Contractor shall maintain at the Project site, on a daily basis, one (1) record
copy of all Drawings, Specifications, Addenda, Work Orders, and other
Modifications, in good order and marked currently to record all changes made
during construction, and reviewed Shop Drawings, Product Data and Samples.
These shall be available to the Project Manager and the Owner and reviewed
weekly and shall be delivered to the Project Manager for forwarding to the Owner
upon completion of the Project. The Contractor shall advise the Project Manager
on a current basis of all changes in the Work made during construction. Payment
may be withheld from Contractor for failure to maintain current Record
Documents.
2.19 USE OF SITE
A. The Contractor shall confine operations at the site to areas permitted by law,
ordinances, permits and the Contract Documents, and shall not unreasonably
encumber the site with any materials or equipment.
B. The Contractor shall coordinate all of the Contractor's operations with, and secure
approval from, the Project Manager before using any portion of the site. Also see
Technical Specifications, Division I, General Requirements.
2.20 CUTTING AND PATCHING OF WORK
A. The Contractor shall be responsible for all cutting, fitting, or patching that may be
required to complete the Work or to make its several parts fit together properly.
B. The Contractor shall not damage or endanger any portion of the Work or the work
of the Owner or any separate contractors by cutting, patching, or otherwise
altering any work, or by excavation. The Contractor shall not cut or otherwise alter
the work of the Owner or any separate contractor except with the written consent
of the Owner and of such separate contractor. The Contractor shall not
unreasonably withhold from the Owner or any separate contractor consent to
cutting or otherwise altering the Work.
C. The Contractor in all cases shall exercise extreme care in any cutting operations
and perform such operations under adequate supervision by competent
mechanics skilled in the applicable trade. Openings shall be neatly cut and shall
be kept as small as possible to avoid unnecessary damage. Careless and/or
avoidable cutting damage, etc., will not be tolerated, and the Contractor will be
held responsible for such avoidable or willful damage.
D. All replacing, patching, and repairing of all materials and surfaces cut or damaged
in the execution of the Work shall be performed by experienced mechanics of the
several trades involved. All work of such nature shall be done with the applicable
materials, in such a manner that all surfaces so replaced, repaired, or patched,
will, upon completion of the Work, match the surrounding similar surfaces.
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2.21 CLEANING UP
A. The Contractor shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by the Contractor's operations. At the
completion of the Work, the Contractor shall remove all the Contractor's waste
materials and rubbish from and about the Project as well as all the Contractor's
tools, construction equipment, machinery, and surplus materials.
B. If the Contractor fails to clean up at the completion of the Work, the Owner may
do so and the cost thereof shall be paid by the Contractor.
2.22 INDEMNIFICATION
A. To the fullest extent permitted by law, Contractor agrees to and shall indemnify,
save, hold harmless and at Owner's request, defend Owner and its officers,
agents and employees, and the Architect and Consultants and their respective
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 Owner, the Architect or Consultants 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 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.
In addition, Contractor agrees to indemnify Owner for Federal, State of California
and/or local audit exceptions resulting from non-compliance herein on the part of
Contractor.
B. In any and all claims against the Owner, the Architect or Consultants, or any of
their respective officers, agents or employees, initiated by any employee of the
Contractor, any Subcontractor, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, the indemnification
obligation set forth in the immediately preceding paragraph shall not be limited in
any way by any limitation on the amount or type of damages, compensation or
benefits payable by or for the Contractor or any Subcontractor under workmen's
compensation acts, disability benefit acts or other employee benefit acts.
1. 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, and employees 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 Owner. Furthermore, Owner shall have no right to control or supervise
or direct the manner or method by which Contractor shall perform its work
and function. However, Owner 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.
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2. Contractor and Owner 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.
3. Because of its status as an independent contractor, Contractor shall have
absolutely no right to employment rights and benefits available to Owner
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 Owner 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 Owner or to this Agreement.
2.23 FAIR EMPLOYMENT PRACTICES CLAUSE
Nondiscrimination: In connection with the performance of Work under the contract, the
Contractor agrees (as prescribed in Chapter 6 of Division 3 of Title II of the Government
Code of the State of California, commencing at Section 12900 and by Labor Code
Section 1735) not to discriminate against any employee or applicant for employment
because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status or sex. The aforesaid provisions shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. The
Contractor agrees to post hereafter in conspicuous places, available for employees and
applicants for employment, Notices to be provided by the County, setting forth the
provisions of this discrimination clause. The Contractor further agrees to insert the
foregoing provisions in all subcontracts hereunder, except subcontracts for standard
commercial supplies of raw materials.
2.24 PAYMENT
A. The Owner shall make one payment for all Work Orders that have a Work Order
Completion Time of forty-five (45) days or less, or a Work Order Price of twenty
five thousand dollars ($25,000)or less. For all other Work Orders, the Owner may
make partial, monthly payments based on a percentage of the work completed.
B. SCHEDULE OF VALUES
Before the first Application for Payment, the Contractor shall submit to the Project
Manager a Schedule of Values allocated to the various portions of the Work,
prepared in such form, and supported by such data to substantiate its accuracy
as the Project Manager may require. This schedule, unless objected to by the
Project Manager, shall be used only as a basis for the Contractor's Applications
for Payment.
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C. APPLICATIONS FOR PAYMENT
The Owner will make progress payments to the Contractor upon completion of
portions of the Work, as covered by the Contract Documents, in accordance with
established Owner procedures. Before submitting an Application for Payment
(Final or Partial) the Contractor shall reach an agreement with the Project
Manager (in consultation with the Architect) concerning the percentage complete
of the Detailed Scope of Work and the dollar value for which the Application for
Payment may be submitted.
1. On or about the twentieth (20th) of the month in which the work was
performed, the Contractor shall submit to the Project Manager an itemized
Application for Payment, notarized if required, supported by such data
substantiating the Contractor's right to payment as the Owner or the
Project Manager may require, including appropriate updates to the
Construction Schedule, and reflecting retainage, if any, as provided
elsewhere in the Contract Documents. Payment is expressly conditioned
upon submission by the Contractor of conditional and unconditional
waivers and release of lien rights upon progress payment as the Owner or
the Architect may require. Waiver and Release forms must be submitted
on forms approved by the Owner. Copies of said forms shall comply with
Civil Code Section 8132 through 8138, inclusive.
2. Unless otherwise provided in the Contract Documents, payments may be
made on account of materials or equipment not incorporated in the Work
but delivered and suitably stored at the site and, if approved in advance
by the Owner, payments may similarly be made for materials or equipment
suitably stored at some other location agreed upon in writing. Payments
for materials or equipment stored on or off the site shall be conditioned
upon submission by the Contractor of bills of sale or such other procedures
satisfactory to the Owner to establish the Owner's title to such materials
or equipment or otherwise protect the Owner's interest, including
applicable insurance and transportation to the site for those materials and
equipment stored off the site.
3. The Contractor warrants that title to all work, materials, and equipment
covered by an Application for Payment will pass to the Owner either by
incorporation in the construction or upon receipt of payment by the
Contractor, whichever occurs first, free and clear of all liens, stop notices,
claims, security interest or encumbrances, hereinafter referred to as
"liens"; and that no work, materials or equipment covered by an
Application for Payment will have been acquired by the Contractor, or by
any other person performing work at the site or furnishing materials and
equipment for the Project, subject to an agreement under which an interest
therein or an encumbrance thereon is retained by the seller or otherwise
imposed by the Contractor or such other person.
4. On or about the twentieth (201") day of the month following the month in
which the work was performed, the Owner shall pay to the Contractor
ninety-five percent (95%) of the value of said work in place, as checked
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and approved by the Project Manager. The balance of five percent (5%)
of the estimate shall be retained by the Owner until the time of final
acceptance of said work. In lieu of the five percent (5%) retainage, the
Contractor may substitute securities as provided herein below.
a. If the Owner does not pay the Contractor within thirty (30) days
after receipt of an undisputed and properly submitted payment
request for a progress payment, excluding that portion of the final
payment designated by the contract as retention earnings, then the
Owner shall pay interest to the Contractor as provided by Public
Contract Code Section 20104.50. Said interest penalty is the sole
recourse of Contractor and Contractor shall have no right to stop
the Work until payment of the amount owing has been received,
nor shall the Work Order Completion Time be extended, nor shall
the Work Order Price be increased in any way, including by reason
of any costs incurred by Contractor, except to the extent of said
interest payment.
b. Pursuant to Public Contract Code Section 7107, in the event of a
dispute between the Owner and Contractor, the Owner may
withhold from the final payment an amount not to exceed one
hundred and fifty percent (150%) of the disputed amount. Except
as so provided, the Owner shall release the retention withheld
within sixty (60) days after the date of Work Order completion of
the work of improvement, as "completion" is defined in Public
Contract Code Section 7107. In the event that retention payments
are not made within the time periods required by Public Contract
Code Section 7107, the Owner may be subject to the interest
provisions of Public Contract Code Section 7107.
5. Security Substitutions and Escrow for Moneys Withheld to Insure
Contractor's Performance. Pursuant to Public Contract Code section
22300, the Contractor may deposit in an escrow, equivalent securities for
any moneys withheld to ensure performance and have said moneys paid
directly to Contractor, or, in the alternative, have the Owner deposit such
moneys directly into an escrow. Upon the closing of any such escrow,
Contractor shall pay to each Subcontractor, not later than twenty(20)days
after receipt of the closing payment, the respective amount of interest
earned, net of costs attributed to retention withheld from each
Subcontractor, on the amount of retention withheld to insure the
performance of the Contractor. Any escrow established pursuant to this
article shall be with a state or federally chartered bank, shall be at the sole
expense of the Contractor, and shall be established using an escrow
agreement in substantially the following form:
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(Begin Escrow Agreement)
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the County of Fresno,
(hereinafter called "Owner"),
(hereinafter called "Contractor"); and
a state or federally chartered bank in California, (hereinafter called "Escrow Agent").
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as
follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California,
Contractor has the option to deposit securities with Escrow Agent as a substitute for
retention earnings required to be withheld by Owner pursuant to the Construction
Contract entered into between the Owner and Contractor for
in the amount of
$ and dated (hereinafter referred to as
the "Contract"). Alternatively, on written request of the contractor, the owner shall make
payments of the retention earnings directly to the escrow agent. When Contractor
deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify
the Owner within ten (10) days of the deposit. The market value of the securities at the
time of the substitution, as valued by the Owner, shall be at least equal to the cumulative
total cash amount then required to be withheld as retention under the terms of the contract
between Owner and Contractor. If the Owner determines that the securities are not
adequate it will notify Contractor and Escrow Agent, and Contractor shall deposit
additional security as further determined by the Owner. Securities shall be held in the
name of the Owner and shall designate the Contractor as the beneficial owner.
2. Securities eligible for investment under subdivision (c) of the above-referenced Section
22300 shall include those listed in Section 16430 of the Government Code and shall also
include bank or savings and loan certificates of deposit, interest-bearing demand deposit
accounts, and standby letters of credit. Deposit of any other type of security may be
permitted only by mutual agreement of the Contractor and the Owner, evidenced by an
amendment to this agreement executed by all of the parties hereto.
3. Upon the deposit of adequate securities, Owner shall make progress payments to the
Contractor for such funds which otherwise would be withheld from progress payments
pursuant to the Contract provisions.
4. When the Owner, at Contractor's written request, makes payment of retentions earned
directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the
Contractor until such time as the escrow created under this contract is terminated. The
Contractor may direct the investment of the payments into securities. All terms and
conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the Owner pays the Escrow Agent directly.
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5. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow
Agent in administering the Escrow Account and all expenses of the Owner. The Owner,
Contractor and Escrow Agent shall determine these expenses and payment terms.
6. The interest earned on the securities or the money market accounts held in escrow and
all interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to
the Owner.
7. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization
from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount
sought to be withdrawn by Contractor.
8. The Owner shall have the right to draw upon the securities or any amount paid directly to
Escrow Agent in the event of default by the Contractor. Upon seven (7)days written notice
to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately
convert the securities to cash and shall distribute the cash, including any amounts paid
directly to Escrow Agent, as instructed by the Owner. Escrow Agent shall not be
concerned with the validity of any notice of default given by Owner pursuant to this
paragraph and shall promptly comply with Owner's instructions to pay over said escrowed
assets. Escrow Agent further agrees not to interplead the escrowed assets in response
to conflicting demands and hereby waives any present or future right of interpleader.
9. Upon receipt of written notification from the Owner certifying that the Contract is final and
complete, and that the Contractor has complied with all requirements and procedures
applicable to the Contract, Escrow Agent shall release to Contractor all securities and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow
shall be closed immediately upon disbursement of all moneys and securities on deposit
and payment of fees and charges.
10. Escrow Agent shall rely on the written notifications from the Owner and Contractor
pursuant to Sections (6), (7), (8) and (9) of this Agreement and the Owner and Contractor
shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the
securities and interest as set forth above.
11. Securities eligible for investment under this Agreement, as provided by Public Contract
Code Section 22300, shall be those listed in Section 16430 of the Government Code,
bank or savings and loan certificates of deposit, interest bearing demand deposit
accounts, standby letters of credit, or any other security mutually agreed to by the
Contractor and Owner.
12. The venue of any litigation concerning the rights and obligations of the parties to this
agreement shall be the County of Fresno and the parties hereto waive the removal
provisions of Code of Civil Procedure Section 394.
13. The names of the persons who are authorized to give written notice or to receive written
notice on behalf of the Owner and on behalf of Contractor in connection with the
foregoing, and exemplars of their respective signatures are as follows:
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On behalf of Owner: On behalf of Contractor:
Title — Business Manager Title
Name — Lemuel Asprec Name
Signature Signature
Address- 2220 Tulare, 6th Floor Address
Fresno, CA 93721
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper
officers on the date first set forth above.
Owner: Contractor:
Title — Steven White, Director Title
Department of Public Works and Planning Name
Signature Signature
Address- 2220 Tulare, 6th Floor Address
Fresno, CA 93721
Escrow Agent:
Title
Name
Signature
Address
(End Escrow Agreement)
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6. Itemized Breakdown: The Contractor shall submit a financial breakdown
of the work, itemized by crafts or sections as designated by the Owner.
The Contractor's payment shall be based upon the monthly percentage of
completion of these items.
7. Lien Waivers: The Owner may require the Contractor to submit, along with
the progress payment request, notarized lien waivers from each
Subcontractor, materials, or equipment supplier. Lien waivers shall comply
with Civil Code Section 8132, et seq., and the aggregate sum thereof shall
reflect all progress payments previously made.
D. CERTIFICATES FOR PAYMENT
1. The Project Manager shall, within seven (7) days after the receipt of the
Project Application for Payment, review the Project Application for
Payment and either issue a Project Certificate for Payment to the Owner
for such amounts as the Project Manager determines are properly due, or
notify the Contractor in writing of the reasons for withholding a Certificate
provided in Part F of this Section 2.24.
2. The issuance of a Project Certificate for Payment will constitute a
representation by the Project Manager to the Owner that, based on the
Project Manager's observations at the site as provided herein and the data
comprising the Project Application for Payment, the Work has progressed
to the point indicated and that, to the best of the Project Manager's
knowledge, information and belief, the quality and timeliness of the Work
is in accordance with the Contract Documents (subject to an evaluation of
the Work for conformance with the Contract Documents upon Completion
of the Work, to the results of any subsequent tests required by or
performed under the Contract Documents, to minor deviations from the
Contract Documents correctable prior to completion, and to any specific
qualifications stated in the Certificate); and that based upon all currently
available information, the Contractor is entitled to payment in the amount
certified. However, by issuing a Project Certificate for Payment, the Project
Manager shall not thereby be deemed to represent that the Project
Manager has made exhaustive or continuous on-site inspections to check
the quality or quantity of the Work, has reviewed the construction means,
methods, techniques, sequences or procedures, or has made any
examination to ascertain how or for what purpose the Contractor has used
the monies previously paid on account of the Work Order Price.
E. PROGRESS PAYMENTS
1. After the Project Manager has issued a Project Certificate for Payment,
the Owner shall make payment in the manner and within the time provided
in the Contract Documents.
2. The Contractor shall promptly pay each Subcontractor upon receipt of
payment from the Owner, out of the amount paid to the Contractor on
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account of such Subcontractor's Work, the amount to which Subcontractor
is entitled, reflecting the percentage actually retained, if any, from
payments to the Contract on account of such Subcontractor's Work. The
Contractor shall, by an appropriate agreement with each Subcontractor,
require each Subcontractor to make payments to their Sub-subcontractors
in similar manner.
3. The Project Manager may on request of any Subcontractor, at the Project
Manager's discretion, furnish to that Subcontractor, if practicable,
information regarding the percentages of completion or the amounts
applied for by the Contractor and the action taken thereon by the Project
Manager on account of Work done by such Subcontractor.
4. Neither the Owner nor the Project Manager shall have any obligation to
pay or to see to the payment of any monies to any Subcontractor or
Material Suppliers except as may otherwise be required by law.
5. Neither certification of a progress payment, delivery of a progress
payment, nor partial or entire use or occupancy of the Project by the
Owner, shall constitute an acceptance of any Work not performed in
accordance with the Contract Documents.
F. PAYMENTS WITHHELD
1. The Project Manager may decline to certify payment and may withhold the
Certificate in whole or in part to the extent necessary to reasonably protect
the Owner, if, in the Project Manager's opinion, the Project Manager is
unable to make representations to the Owner as provided herein above
for Certificates for Payment. If the Project Manager is unable to make
representations to the Owner and certify payment in the amount of the
Project Application, the Project Manager will notify the Contractor as
provided herein. If the Contractor and the Project Manager cannot agree
on a revised amount, the Project Manager will promptly issue a Project
Certificate for Payment for the amount for which the Project Manager is
able to make such representations to the Owner. The Project Manager
may also decline to certify payment or, because of subsequently
discovered evidence or subsequent observations, the Project Manager
may nullify the whole or any part of any Project Certificate for Payment
previously issued to such extent as may be necessary, in the Project
Manager's opinion, to protect the Owner from loss because of:
a. Defective Work not remedied;
b. Third party claims filed or reasonable evidence indicating probable
filing of such claims, including claims by separate contractors;
C. Failure of the Contractor to make payments properly to
Subcontractors, or for labor, materials, or equipment;
d. Architect's determination, based upon reasonable evidence, that
the Work cannot be completed for the unpaid balance of the
Contract Sum;
e. Damage to the Owner or another contractor;
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f. Architect's determination, based upon reasonable evidence, that
the Work will not be accomplished in compliance with the Work
Order Completion Time;
g. Persistent failure to carry out the Work in accordance with the
Contract Documents;
h. Failure of the Contractor to submit Construction Schedules or
Submittal and Procurement Schedules as required;
i. Failure of the Contractor to maintain record drawings on a current
basis;
j. Failure of the Contractor to submit notarized lien waivers from each
Subcontractor, materials, or equipment supplier;
k. Failure of the Contractor to submit certified payroll reports;
I. Stop notice served upon the Owner.
2. A retention in the amount of one thousand dollars ($1,000)will be withheld
from the Contractor's monthly progress payment for each and every
required document not submitted in a timely manner by the Contractor or
its subcontractors up to a maximum of ten thousand dollars ($10,000). For
purposes of this Paragraph, the term "required document" includes, but is
not limited to, certified payrolls, labor compliance documents,
Disadvantaged Business Enterprise documents, and any other
information or documents required to be submitted by the Contractor or
any of its subcontractors under the terms of this Agreement or pursuant to
applicable federal, state or local laws or regulations. The retention
provided for in this Paragraph shall be in addition to any other deduction
or retention allowed under this Agreement and shall be in addition to any
other remedy or consequence provided by law for untimely submission of
any required document. Such retention shall remain in effect only until
such time as the required documents have been submitted by the
Contractor or its subcontractor(s)and have been determined by the Owner
to be both complete and acceptable as to form.
3. When the grounds as noted above are removed, payment shall be made
for amounts withheld on the basis thereof.
G. COMPLETION AND FINAL PAYMENT
1. Following the Contractor's completion of the Work of each individual Work
Order, the Contractor shall forward to the Project Manager a written notice
that the Work is ready for final inspection and acceptance and shall also
forward to the Project Manager a final Application for Payment. Upon
receipt, the Project Manager will promptly make such inspection. When
the Project Manager finds the Work acceptable under the Contract
documents and the Contract fully performed, the Project Manager will
issue a Project Certificate for Payment which will certify the final payment
due the Contractor. This certification will constitute a representation that,
to the best of the Project Manager's knowledge, information and belief,
and on the basis of observations and inspections, the Work has been
completed in accordance with the Terms and Conditions of the Contract
Documents and that the entire balance found to be due the Contractor,
and noted in said Certificate, is due and payable. The Project Manager's
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certification of said Project Certificate for Payment will constitute a further
representation that the conditions precedent to the Contractor's being
entitled to final payment as set forth herein below have been fulfilled.
2. Neither the final payment on each individual Work Order nor the remaining
retainage shall become due until the Contractor submits to the Project
Manager(1)an affidavit that all payrolls, bills for materials and equipment,
and other indebtedness connected with the Work for which the Owner or
the Owner's property might in any way be responsible, have been paid or
otherwise satisfied, (2) consent of surety, if any, to final payment, and (3)
other data establishing payment or satisfaction of all such obligations,
such as receipts, releases and waivers of liens arising out of the Contract,
to the extent and in such form as may be designated by the Owner. If any
Subcontractor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to the Owner to
indemnify the Owner against any such lien. The bond cannot be from the
original surety insurer for the project or any affiliate of the original surety.
If any such lien remains unsatisfied after all payments are made, the
Contractor shall refund to the Owner all monies that the latter may be
compelled to pay in discharging such lien.
3. All provisions of this Agreement, including without limitation those
establishing obligations and procedures, shall remain in full force and
effect notwithstanding the making or acceptance of final payment, and the
making of final payment shall not constitute a waiver of any claims by the
Owner.
4. Upon completion and acceptance of all work whatsoever required on each
individual Work Order, and upon the release of all claims against the
Owner as specified, the Owner shall file a written Notice of Completion
with the County Recorder as to the entire amount of work performed for
each individual Project.
5. Final payment will be released within sixty (60) days after the date of
acceptance of the Work as reflected in the Notice of Completion filed with
the County Recorder's Office; provided, that Owner may withhold from the
final payment, in the event of a dispute between Owner and Contractor,
retentions in and amount not exceeding 150 percent of the disputed
amount. At the Contractor's option, the Owner may release retention upon
receipt of an unconditional lien release for the full value of the Work Order
and any of its Supplemental Work Orders.
6. All manufacturers' warranties required by the Contract Documents shall
commence on the date of the Notice of Completion for the Work. It shall
be the Contractor's responsibility, through appropriate contractual
arrangements with all subcontractors, materialmen, and suppliers, to
ensure compliance with this requirement.
7. The acceptance by the Contractor of the final payment, after the date of
Notice of Completion of the Project, shall be and shall operate as a release
to the Owner of all claims and of all liability to the Contractor, under the
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Contract Documents or otherwise, for all things done or furnished in
connection with this Work, excepting only the Contractor's claims for
interest upon final payment, if such final payment be improperly delayed.
No payments, however, final, or otherwise, shall operate to release the
Contractor or his/her sureties from any obligations under the Contract
Documents, including but not limited to the Performance and Payment
Bonds.
2.25 CHANGES TO THE WORK
A. The Owner, without invalidating the Contract or a Work Order, may order changes
in the Work within the general scope of the Contract consisting of additions,
deletion, or other revisions. All such changes in the Work shall be authorized by
a Supplemental Work Order and shall be performed under the applicable
conditions of the Contract Documents.
B. SUPPLEMENTAL WORK ORDER: A Work Order issued to add or delete Work
from an existing, related Work Order. Only an executed Supplemental Work Order
will effectuate change in either the Work Order Price and/or the Work Order Time.
C. All claims for additional compensation to the Contractor shall be presented in
writing before the expense is incurred and will be adjusted as provided herein. No
work shall be allowed to lag pending such adjustment, but shall be promptly
executed as directed, even if a disputed claim arises. No claim will be considered
after the work in question has been done unless a Supplemental Work Order has
been issued or a timely written notice of claim has been made by Contractor.
D. Supplemental Work Orders are developed by the same method as a Work Order
as provided under Section 2.09.A, Procedures for Developing a Work Order.
E. The value of tasks deleted from the Detailed Scope of Work shall be calculated
according to the standard procedures for calculating all Pre-priced Tasks and
Non-Pre-priced Tasks. The result is that a credit for Tasks that have been deleted
from the Detailed Scope of Work will be given at one hundred percent (100%) of
the value at which they were included in the original Price Proposal.
2.26 NOT USED
2.27 SITE CONDITIONS
A. Where investigations have been conducted by the Owner of existing conditions
on a site, including subsurface conditions, such investigations are made for the
purpose of design only and for the information of bidders. The results of such
investigations represent only the statement by the Owner as to the circumstance
and character of materials actually encountered by the Owner during the
investigations. The Owner makes no guarantee or warranty, express or implied,
that the conditions indicated are representative of conditions existing throughout
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the site of a Project or any part of it, or that unanticipated conditions might not
occur.
B. All excavation work shall be performed on an "unclassified basis"; that is, such
work shall include the removal of all material encountered including earth or rock
formations, regardless of the type or hardness thereof, or groundwater conditions
in the excavation, the cost of such excavations being included in the Work Order
Price. Unclassified excavation Work includes drilling or blasting operations.
C. If site conditions are discovered that materially differ from previous information
that the Contractor has received, and that could not have been discovered by the
Contractor through prudent and reasonable investigation prior to developing the
Work Order Price Proposal for the work, the Contractor shall be compensated for
additional costs incurred in working with the unknown site conditions, but only to
the extent that such previously unknown and undiscoverable site conditions cause
the Contractor to incur costs in addition to the Work Order price for that portion of
the work. The Contractor must be able to clearly demonstrate the original Work
Order price for that portion of the work (plus any Supplemental Work Orders
applicable to that portion of the work) and the additional costs incurred as a direct
result of the unknown site conditions. Only additional costs over and above the
amount of the Work Order price for that portion of the work will be compensated
upon a recommendation of approval by the Project Manager.
2.28 REQUEST FOR EQUITABLE ADJUSTMENT
A. If the Contractor considers a Request for Equitable Adjustment is justified for any
increase in the Work Order Time, the Contractor shall promptly, upon first
observance of the condition giving rise to the request, provide the Project
Manager and Owner written notice of such condition and circumstance. This
notice shall be given by the Contractor before proceeding to execute the Work,
except in emergency endangering life or property, in which case the Contractor
shall proceed in accordance with the Emergency provisions of these General
Conditions. No such request shall be valid unless so made. A Supplemental Work
Order shall be required to authorize any change in the Work Order Time resulting
from such request for equitable adjustment.
B. If the Contractor requests that additional cost or time is involved because of, but
not limited to, (1) any written interpretation pursuant to Section 2.07.G, (2) any
order by the Owner to stop the Work pursuant to Section 2.08 where the
Contractor was not at fault, or any such order by the Project Manager as the
Owner's agent, (3) any written order for a minor change in the Work issued
pursuant to Section 2.29, the Contractor shall make such request for equitable
adjustment as provided in Section 2.28.A.
2.29 MINOR CHANGES IN THE WORK
The Project Manager will have authority to order minor changes in the Work not involving
an adjustment in the Work Order Price or extension of the Work Order Time and not
inconsistent with the intent of the Contract Documents. Such changes shall be enacted
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by written order issued through the Project Manager and shall be binding on the Owner
and the Contractor. The Contractor shall carry out such written orders promptly.
2.30 SUCCESSORS AND ASSIGNS
The Owner and the Contractor, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party hereto and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants, agreements and obligations contained in the Contract Documents. Neither
party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
2.31 ASSIGNMENT OF MONEYS
The Contractor shall not assign moneys due or to become due him/her under the contract
without the written consent of the Auditor-Controller of Fresno County. Any assignment
of moneys shall be subject to all proper set-offs in favor of the County of Fresno and to
all deductions provided for in the contract and particularly all money withheld, whether
assigned or not, shall be subject to being used by the County of Fresno for the completion
of the work in the event that the Contractor should be in default therein.
2.32 GUARANTEE OF WORK
A. The Contractor warrants to the Owner that all materials and equipment and the
work as a whole furnished under this Contract will be new unless otherwise
specified, and that all Work will be of good quality, free from faults and defects
and in conformance with the Contract Documents, for one (1) year from the date
of Notice of Completion of each Project, unless a longer period is otherwise
specified. All manufacturer's warranties required by the Contract Documents shall
commence on the date of the filing of the Notice of Completion for the Work(which
date necessarily will follow the performance under separate contracts. It shall be
the Contractor's responsibility, through appropriate contractual arrangements with
all subcontractors, material manufacturers and suppliers, to ensure compliance
with this requirement. All Work not conforming to these requirements, including
substitutions not properly reviewed and authorized, may be considered defective.
If required by the Project Manager, the Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment.
B. If repairs or changes are required in connection with guaranteed work within any
guaranteed period, which, in the opinion of the Project Manager is rendered
necessary as the result of the use of materials, equipment or workmanship which
are inferior, defective, or not in accordance with the Contract Documents, 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 Project Manager, is the result of the use of materials, equipment or
workmanship which are inferior, defective, or not in accordance with the Contract
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Documents; and (3) make good any work or materials, or the equipment and
contents of said building or site disturbed in fulfilling any such guarantee.
C. 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/she shall restore such disturbed work to a condition satisfactory to the
Project Manager and guarantee such restored work to the same extent as it was
guaranteed under such other contract.
D. 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 costs and expenses incurred in connection
therewith.
E. 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 Article
2.32 during the first (1st) year (365 Calendar Days) of the life of such special
guarantee.
2.33 RESPONSIBILITY FOR DAMAGE
A. Neither the Owner, the Architect, nor any officer or employee of the County, 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/her, against all of which injuries or damages to persons
and property the Contractor having control over such work must properly guard.
B. 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
issuance of the Notice of Completion.
C. The Contractor shall indemnify and hold harmless the Owner, the Project
Manager, the Architect, and all of their respective officers and employees, from
all claims, lawsuits or actions of every kind and nature whatsoever, brought for, or
on account of any injuries or damages received or sustained by any person or
persons, resulting from any act or admission by the Contractor or his/her servants
or agents, in the construction of the work or by or in consequence of any
negligence in guarding the same, in improper materials used in its construction,
or by or on account of any act or omission of the Contractor or his/her agents in
the performance of Contractor's obligations under the Contract Documents. In
addition to any remedy authorized by law, so much of the money due the
Contractor under and by virtue of the contract as shall be considered necessary
by the Owner may be retained by the Owner until disposition has been made of
such claims, lawsuits, or actions for damages as aforesaid.
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2.34 WRITTEN NOTICE
Subject to any additional requirements that may be applicable to claims under the
immediately following Article 2.35 RESOLUTION OF CONTRACT CLAIMS AND
DISPUTES, formal service, when required, of written notice shall be deemed to have
been duly served if delivered in person, to the individual or member of the firm or entity
or to an officer of the corporation for whom it was intended, or if sent by registered or
certified mail to the listed address of that entity for the attention of such individual.
2.35 RESOLUTION OF CONTRACT CLAIMS AND DISPUTES
A. A Claim is a demand or assertion sent by registered mail or certified mail with
return receipt requested by one (1) of the parties seeking, as a matter of right,
adjustment or interpretation of Contract terms, payment of money, extension of
time, or a request for equitable adjustment or Supplemental Work Order which
cannot be resolved per provisions of Section 2.25 - CHANGES TO THE WORK.
Any Claim shall be reduced to writing and filed with the Project Manager, within
ten (10) calendar days after the Contractor has notice of the condition giving rise
to the Claim, and final action per Section 2.25 - CHANGES TO THE WORK
procedures has taken place or has been declared as such in writing, by either
party. Such ten (10)-day notice of an asserted claim is in addition to the
requirement for prompt notice required per Section 2.25 - CHANGES TO THE
WORK.
B. The Contractor shall not claim or recover any overhead cost administrative or
otherwise, particularly 'Home Office' expenses, 'Extended site overhead', or any
other overhead cost on the basis of any'Home Office'damages formula, 'Eichleay'
formula, 'Total Cost' recovery formula or any other such formula.
C. REQUIREMENTS FOR FILING A CLAIM. Claims shall be submitted to the Project
Manager. Claims must be filed within the time specified above, but in no event
shall any claim be considered by the Project Manager that is filed later than the
date of final payment of the Project. The claim shall be in writing and shall be a
sum certain if known. If unknown, Contractor shall specify the basis for
establishing the sum certain. Claim shall include a statement of the reasons for
the asserted entitlement and include the documents necessary to substantiate the
claim. Such documents may include but are not limited to payroll records,
purchase orders, quotations, invoices, estimates, subcontracts, daily logs,
supplier contracts, subcontract billings, bid takeoffs, equipment rental invoices,
ledgers, journals, daily reports, job diaries, and any documentation related to the
requirements of Section 2.25 - CHANGES TO THE WORK. In the case of a
continuing delay, only one (1) claim is necessary. If adverse weather conditions
are the basis for a claim for additional time, such claim shall be documented by
data substantiating that weather conditions were abnormal for the period of time
and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the critical activities on the construction schedule. The
Contractor shall certify, at the time of submission of a claim, as follows:
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being the
(MUST BE AN OFFICER) of
(GENERAL CONTRACTOR),
declare under penalty of perjury under the laws of the State of California,
and do personally certify and attest that: I have thoroughly reviewed the
attached claim for additional compensation and/or extension of time, and
know its contents, and said claim is made in good faith; The supporting
data is truthful and accurate; That the amount requested accurately
reflects the contract adjustment for which the Contractor believes the
Owner is liable; and, further, that I am familiar with California Penal Code
Section 72 and California Government Code Section 12560, et seq,
pertaining to false claims, and further know and understand that
submission or certification of a false claim may lead to fines, imprisonment
and/or other severe legal consequences.
By:
(Contractor's signature) (Date)
D. Nothing in this Article is intended to extend the time limit or supersede notice
requirements otherwise provided by this contract or by applicable law for the filing
of claims. Any formal claim shall be processed in accordance with the provisions
of Public Contract Code Section 9204 and Section 20104 et. seg., each of which
establishes a process for resolution of claims, the provisions of which are
consistent with and effectively summarized by the following.
1. The Owner (or his/her designee), shall review the facts pertinent to the
claim, obtain additional information deemed necessary for a decision (if
any), review recommendations of the Project Manager, coordinate with the
contract administrator (if any) and secure assistance from legal and other
advisors, and render a written decision on the claim within forty-five (45)
days of receipt of the claim. If additional information or documentation is
thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the Owner (or his/her designee)
and claimant. The Owner's (or his/her designee's)written response to the
claim, as supplemented by any additional information and/or
documentation provided by claimant, shall be submitted to the claimant
within fifteen (15) days after receipt of the further information and/or
documentation or within a period of time no greater than that taken by the
claimant in producing the additional information, whichever is greater.
2. If the claimant disputes the written response of Owner (or his/her
designee), or Owner fails to respond within the time prescribed, the
claimant may so notify the Owner (or his/her designee), in writing, either
within fifteen (15) days of receipt of the Owner (or his/her designee's)
response or within fifteen (15) days of the Owner (or his/her designee'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 Owner (or his/her designee) shall schedule
a meet and confer conference within thirty (30) days for settlement of the
dispute.
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3. Within ten (10) business days following conclusion of the meet and confer
conference, any unpaid portion of the claim remaining in dispute shall be
submitted to nonbinding mediation, as that term is defined by Public
Contract Code Section 9204(d((2)(C).
4. If following the conclusion of the meet and confer conference and
mediation process, the claim or any portion thereof 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 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 and mediation process as
described in the immediately preceding Paragraphs 2 and 3 of this Section
D.
5. In the event of any perceived conflict between the summary of the
procedure set forth in this Article and the actual provisions of the Public
Contract Code Section 9204 and Section 20104, et seq., the statutory
provisions shall control; and in the event of any perceived conflict
between the provisions of Section 9204 and Section 20104, et seq., the
provisions of Section 9204 shall control.
E. Procedures for Civil Actions to Resolve Disputed Claims: Non-binding Mediation:
Within sixty (60) days, but no earlier than thirty (30) days, following the filing of a
responsive pleading, the court shall submit the matter to non-binding mediation
unless waived by mutual stipulation by both parties. The mediation process shall
provide for the selection within fifteen (15) days by both parties of a disinterested
third person as mediation, shall be commenced within thirty (30) days of the
submittal, and shall be concluded within fifteen (15)days from the commencement
of the mediation unless a time requirement is extended upon a good cause shown
to the court. If the parties fail to select a mediator within the fifteen (15)-day period,
any party may petition the court to appoint the mediator.
Judicial Arbitration: If the matter remains in dispute, the case shall be submitted
to 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 the code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section
2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply
to any proceeding brought under this subsection consistent with the rules
pertaining to judicial arbitration. Arbitrators shall be experienced in construction
law.
Appeals: As provided by statute (specifically Public Contract Code Section
20104.4(b)(3) and Code of Civil Procedure Section 1141.21), any party appealing
an arbitration award who does not obtain a more favorable judgment shall, in
addition to payment of costs and fees, also pay the attorneys' fees on appeal of
the other party.
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F. CLAIMS AND DISPUTES EXEMPT FROM FILING REQUIREMENTS. The
requirements and procedures imposed by this Article do not apply to:
1. Any claims by the Owner; or
2. Any claim for or respecting personal injury or death or reimbursement or
other compensation arising out of or resulting from liability for personal
injury or death; or
3. Any claim or dispute relating to stop payment requests or stop notices; or
4. Any claim or dispute related to the approval, refusal to approve, or
substitution of Subcontractors, regardless of tier, and suppliers.
G. PAYMENT OF UNDISPUTED PORTION OF CLAIM. Owner shall pay claimant
such portion of a claim that is undisputed except as otherwise provided in the
contract.
H. CONTINUE WORK DURING DISPUTE. In the event of any disputed claim or
other dispute between the Owner and the Contractor, the Contractor will not stop
work but will prosecute the work diligently to completion in his/her manner directed
by the Owner, and the dispute shall be resolved by a court of law after completion
of the Work. However, Contractor must submit all disputes in accordance with the
provisions of this Section 2.35.
I. SUIT IN FRESNO COUNTY ONLY. Any litigation arising out of this Contract shall
be brought in Fresno County and Contractor hereby waives the removal
provisions of California Code of Civil Procedure Section 394.
2.36 PERFORMANCE BOND, LABOR AND MATERIAL PAYMENT BOND AND WARRANTY
BOND
A. The Contractor shall furnish a Performance Bond in the amount of one million
dollars ($1,000,000), and a Payment Bond in the amount of one million dollars
($1,000,000) and One Year Warranty Bond in the amount of ten percent (10%) of
the Final Contract Sum, which is the cumulative amount that will have been paid
to Contractor for all of the Work performed under the Contract once the Project
has been completed and the Work has been accepted by the County. If the
aggregate outstanding Job Orders issued under the contract exceeds one million
dollars ($1,000,000), increases in the Payment and Performance Bonds in
increments of five hundred thousand dollars ($500,000)will be required such that
the amount of the Payment and Performance Bonds are not less than two million
dollars ($2,000,000) of the outstanding aggregate Job Orders issued. Bonds shall
remain in force for the duration and until completion of any outstanding Job Order.
At no time may the sum of outstanding Job Orders exceed the amount of the
Payment and Performance Bonds.
B. All bonds required, whether Bid bonds, Performance, Payment, Warranty, or other
bonds, shall be issued by an admitted surety insurer authorized by the California
Insurance Commissioner to transact surety insurance in the state. The same
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admitted surety insurer must issue the Bid Bond, Performance Bond, Payment
Bond, and Warranty Bond. The payment, performance and warranty bonds
required by these specifications will neither be accepted nor approved by the
Owner unless the bonds are underwritten by an admitted surety and the
requirements of California Code of Civil Procedure section 995.630 are met. The
bonds must include a physical mailing address, phone number, FAX number, and
contract person for the admitted surety insurer. The Owner further reserves the
right to satisfy itself as to the acceptability of the surety and the form of bond.
Upon request of the Owner, the bidder must submit the following documents:
1. The original, or a certified copy, of the unrevoked appointment, power of
attorney, bylaws, or other instrument authorizing the person who executed
the bond to do so.
2. A certified copy of the certificate of authority of the insurer issued by the
California Insurance Commissioner.
3. A certificate from the county clerk that the certificate of authority has not
been surrendered, revoked, canceled, annulled, or suspended, or in the
event that it has, that renewed authority has been granted.
4. A financial statement of the assets and liabilities of the insurer to the end
of the quarter calendar year prior to thirty (30) days next preceding the
date of the execution of the bond, in the form of an officers' certificate as
defined in Corporations Code Section 173.
2.37 RIGHTS AND REMEDIES
A. The duties and obligations imposed by the Contract Documents and the rights
and remedies available hereunder shall be in addition to, and not a limitation of,
any duties, obligations, rights, and remedies otherwise imposed or available by
law.
B. No action or failure to act by the Owner, or by the Project Manager or Architect,
regarding any deficiency, breach or default in performance by the Contractor
under the Contract Documents, shall be deemed or construed to constitute
acquiescence of the Owner in connection therewith or with regard to any
subsequent deficiency, breach or default in performance by the Contractor; nor
shall any such prior act of failure to act by or on behalf of Owner be deemed or
construed as a waiver of any rights in favor of Owner regarding any such
deficiency, breach or default in performance by the Contractor, regardless of the
similarity to the prior incident or circumstance when no action was taken regarding
any alleged deficiency, breach or default in performance by the Contractor.
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2.38 TIME, DELAYS AND LIQUIDATED DAMAGES
A. DEFINITIONS
1. Unless otherwise provided, the Work Order Completion Time is the period
of time allotted in the Contract Documents for completion of the Work of
an individual work Order, including authorized adjustments thereto.
2. The Date of Commencement of the Work is the date established in the
Notice to Proceed.
3. The Date of Completion of the Work is the date of which the work is
certified as complete by the Project Manager as specified in the Notice of
Completion.
4. The term "day" as used in the Contract Documents shall mean calendar
day unless specifically designated otherwise.
B. PROGRESS AND COMPLETION
1. Time is of the essence regarding all time limits stated in the Work Order
Notice to Proceed. By executing the Work Order, the Contractor confirms
that the Work Order Completion Time is a reasonable period for
performing the Work of the individual Work Order.
2. The Contractor shall begin the Work on the Date of Commencement. The
Contractor shall not knowingly, except by agreement or instruction of the
Owner in writing, prematurely commence operations on the site or
elsewhere prior to the effective date of insurance required herein to be
furnished by the Contractor. The Date of Commencement of the Work
shall not be changed by the effective date of such insurance.
3. The Contractor shall carry the Work forward expeditiously with adequate
forces and shall achieve Completion of the Work within the Work Order
Completion Time.
C. DELAYS AND EXTENSIONS OF TIME
1. Delays in prosecution of parts or classes of the Work that are not
demonstrated to prevent or delay completion of an entire Project or
specific milestones within the Work Order Completion Time are not
"unavoidable delays" for purposes of this section.
2. In all cases, the time authorized for extension of the Work Order
Completion Time shall be no greater than the number of days directly
attributable to the event or circumstances which causes unavoidable delay
in the completion of a Project. Contractor shall be entitled, in the case of
unavoidable delays, to an extension in the Work Order Completion Time,
but not to any increase to the Work Order Price. "Unavoidable delay" for
this purpose shall be defined as follows:
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a. Unavailable Materials. That materials or articles called for in the
Contract Documents are not obtainable within the time required for
timely completion; provided that such materials or articles were
listed by the Contractor in the schedule required by Section 2.17 -
CONTRACTOR'S CONSTRUCTION SCHEDULE; that the
Contractor demonstrates that the unavailability of the materials is
in fact the cause for the delay, and could not have been avoided
by an appropriate adjustment in the Construction Schedule; and
that the unavailability of such materials is due to circumstances
beyond the Contractor's control. If good cause for delay is
demonstrated pursuant to this subsection, the Owner, at its sole
discretion, may grant a time extension.
b. Force Majeure. That delays in construction have resulted from
circumstances beyond the control of the Contractor and which the
Contractor could not have provided against by the exercise of
reasonable care, prudence, foresight, and diligence. Unavoidable
delays within the meaning of this subparagraph shall be those
caused by acts of God, war, insurrection, civil disorder, fire, floods,
epidemic, or strikes.
C. Unseasonable Weather. An extension of Work Order Completion
Time may be granted due to weather, which is unsuitable for the
Work currently in progress, upon the determination of the Owner
that the weather conditions in fact caused the delay in completion
of a Project and that such weather conditions were not, and could
not in the exercise of reasonable diligence, have been foreseen by
the Contractor. Seasonable weather that, in the exercise of
reasonable foresight and diligence, should be expected in the area
at the time of year in question is not cause for an extension of time.
d. Time Extensions Due to Supplemental Work Orders or Work
Authorizations. A time extension may be granted due to additional
work that results in a delay in a Project caused by the approval by
the Owner of a Supplemental Work Order or Work Authorization.
The Contractor shall be entitled to a Work Order Completion Time
extension Supplemental Work Order only when the extra Work is
demonstrated by the Contractor to have caused a delay in a
Project.
e. Owner Caused Delays. In the event that a Project is delayed by
acts of the Owner not authorized by the Contract Documents which
the Contractor demonstrates will or have caused an unavoidable
delay, the Contractor shall be entitled to a Work Order Completion
Time Supplemental Work Order to offset the extra time incurred by
the Contractor. The Contractor will not be entitled to adjustments
in the Work Order Price. Extra time shall be limited to that which is
directly identified as critical by the delay.
3. The Contractor specifically agrees that a time extension as provided
herein is its sole remedy for Owner-caused delays and agrees to make no
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claim or demand for additional damages, nor claim an acceleration of the
time for performance.
4. The Contractor shall not be entitled to any Work Order Completion Time
extension nor Work Order Price adjustment for alleged Owner delays if the
Owner has acted within the time limits specified by the Contract
Documents.
D. NOTICE OF DELAYS
1. Contractor shall notify the Project Manager promptly whenever the
Contractor foresees any event or circumstance that may delay the
prosecution of the Work and in Contractor's opinion may provide grounds
for an extension and shall in any event notify the Project Manager
immediately upon the occurrence of any such delay. The Contractor shall
take immediate steps to prevent, if possible, the occurrence or
continuance of the delay. If this cannot be done, the Project Manager shall
determine how long the delay shall continue and to what extent the
prosecution and completion of the Work are being delayed thereby. Such
notification shall specify with detail the cause asserted by the Contractor
to constitute grounds for an extension. Failure of the Contractor to submit
such a notice within ten (10) days after the initial occurrence of the event-
giving rise to the delay shall constitute a waiver by the Contractor of any
request for a time extension, and no extension shall be granted as a
consequence of such delay.
2. If the Contractor believes that the delay in prosecution in the Work will
result in an unavoidable delay in completion of the entire Project, the
Contractor shall submit evidence to support that belief, together with its
request for a time extension. Such evidence shall include a demonstration
that the delayed portion of the Work will affect the Critical Path Scheduling
of the entire Project. The Contractor shall also submit a proposed revised
Construction Schedule, which accounts for the delay in completion of the
entire Project caused by the delay in prosecution of part of the Project and
includes a revised Critical Path demonstrating how the Project will be
completed within the proposed revised Work Order Completion Time.
E. INVESTIGATION; PROCEDURE
1. Upon receipt of a request for Time extension, the Project Manager shall
conduct an investigation of the facts asserted by the Contractor to
constitute grounds for an extension. The results of this investigation shall
be reported by the Project Manager to the Contractor and shall indicate
whether he/she will recommend for or against such extension to the
Owner. The performance of this investigation by the Project Manager shall
not be construed as direction or recommendation to the Contractor
regarding scheduling of the work. Scheduling this work is the sole
responsibility of the Contractor.
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2. The Project Manager may, in his/her sole discretion, defer this
recommendation to allow the accumulation of time extensions due to Work
Authorizations into a periodic or final Supplemental Work Order request.
3. Upon receiving the Project Manager's recommendation to the Owner
regarding the Contractor's request for a time extension, the Contractor
may either withdraw its application for extension or request that it be
scheduled for action by the Owner. If the Owner disallows the request,
there shall be no allowance made for the time during which the request
was pending, and the Contractor shall remain obligated to complete the
Work in the time specified.
4. If the Owner approves the time extension Supplemental Work Order, the
new Construction Schedule submitted by the Contractor and approved by
the Owner shall be deemed to amend the original Construction Schedule
approved by the Owner; thereafter, the amended Construction Schedule
shall have the same force and effect as the originally approved Progress
Schedule.
5. The revised Construction Schedule must be submitted within seven (7)
calendar days of the date in which the Owner approves the change.
6. The Contractor agrees that the Owner's determination as to the existence
of grounds for an extension and, the duration of any such extension, shall
be final and binding upon both Owner and Contractor.
F. DISCRETIONARY TIME EXTENSION FOR BEST INTEREST OF OWNER
1. The Owner reserves the right to extend the Work Order Completion Time
for completion of the Work if the Director of Public Works and Planning or
designee determines that such extension is in the best interest of the
Owner.
2. In the event that such discretionary extension is made at the request of
the Contractor, the Owner shall have the right to charge to the Contractor
all or any part, as the Board may deem proper, of the actual cost to the
Owner for engineering, inspection, supervision, contract administration,
incidental and other overhead expenses that accrue during period of such
extension, and to deduct all or any portion of such amounts from the final
payment for the Work Order.
3. In the event such extension is ordered over the objection of the Contractor,
the Contractor shall be entitled to a Supplemental Work Order adjusting
the price paid to reflect the actual costs incurred by the Contractor as a
direct and proximate result of the delay, upon his/her written application
therefor, accompanied by such verification of costs as the Project Manager
requires. Only additional direct costs incurred at the site will be
reimbursable by Supplemental Work Order.
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G. LIQUIDATED DAMAGES
1. If the Work is not completed by Contractor in the time specified in the Work
Order or within any period of extension authorized pursuant to this Article,
the Contractor acknowledges and admits that the Owner will suffer
damage, and that it is impracticable and infeasible to fix the amount of
actual damages. Therefore, it is agreed by and between the Contractor
and the Owner that the Contractor shall pay to the Owner as fixed and
liquidated damages, and not as a penalty, the sum specified in Section
005213, Agreement, Article III for each calendar day of delay until the
Work is completed and accepted, and that both the Contractor and the
Contractor's surety shall be liable for the total amount thereof, and that the
Owner may deduct said sums from any monies due or that may become
due to the Contractor.
2. This Liquidated Damages provision shall apply to all delays of any nature
whatsoever, save and except only unavoidable delays approved by the
Owner pursuant to the provisions of Article 2.38.C.2 hereinabove, or
discretionary time extensions approved by the Board of Supervisors
pursuant to the provisions of Article 2.38.F hereinabove.
H. EXTENSION OF TIME NOT A WAIVER
1. Any extension of a Work Order Completion Time granted pursuant to this
Article shall not constitute a waiver by the Owner, nor a release of the
Contractor, from his/her obligations to perform a Work Order within the
allotted Work Order Completion Time.
2. Granting of a time extension due to one (1) circumstance on one (1)
request therefore shall not constitute a granting by the Owner of an
extension of time for any other circumstance or the same circumstance
occurring at some other time and shall not be interpreted as a precedent
for any other request for extension.
2.39 PROTECTION OF PERSONS AND PROPERTY
A. SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the Work.
B. SAFETY OF PERSONS AND PROPERTY
The Contractor shall take all reasonable precautions for the safety of, and shall
provide all reasonable protection to prevent damage, injury, or loss to:
1. All employees on the Work and all other persons who may be affected
thereby;
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2. All the work and all materials and equipment to be incorporated therein,
whether in storage or off the site, and that is under the care, custody, or
control of the Contractor or any of the Contractor's Subcontractors or Sub-
subcontractors;
3. Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures, and utilities not
designated for removal, relocation, or replacement in the course of
construction; and
4. The work of the Owner or other separate contractors.
C. The Contractor shall give all notices and comply with all applicable laws,
ordinances, rules, regulations, and lawful orders of any public authority bearing
on the safety of persons or property or their protection from damage, injury, or
loss.
D. The Contractor shall erect and maintain, as required by existing conditions and
the progress of the Work, all reasonable safeguards for safety and protection,
including posting danger signs and other warnings against hazards, promulgating
safety regulations, and notifying owners and users of adjacent facilities.
E. When the use or storage of explosives or other hazardous materials or equipment
is necessary for the execution of the Work, the Contractor shall exercise the
utmost care and shall carry on such activities under the supervision of properly
qualified personnel.
F. The Contractor shall promptly remedy all damage or loss to any property referred
to above caused in whole or in part by the Contractor, any Subcontractor, any
Sub-subcontractor, anyone directly or indirectly employed by any of them, or any
one for whose acts any of them may be liable, and for which the Contractor is
responsible under the above noted clauses, except damage or loss attributable
solely to the acts or omissions of the Owner, the Project Manager, or anyone
directly or indirectly employed by any of them, or by anyone for whose acts any
of them may be liable, and not attributable in any degree to the fault or negligence
of the Contractor. The foregoing obligations of the Contractor are in addition to
the Contractor's obligations under the Indemnification provisions provided herein.
G. The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This
person shall be the Contractor's superintendent unless otherwise designated by
the Contractor in writing to the Owner and the Project Manager.
H. The Contractor shall not load or permit any part of the Work to be loaded in a
manner that could endanger its safety or pose a risk to anyone working at the
Project site.
I. EMERGENCIES
In any emergency affecting the safety of persons or property the Contractor shall
act, at the Contractor's discretion, to prevent threatened damage, injury, or loss.
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Any additional compensation or extension of time claimed by the Contractor on
account of emergency work shall be determined as provided in the provisions
herein for Changes in the Work.
2.40 INSURANCE
A. CONTRACTOR'S INSURANCE
1. Bidders' attention is directed to the insurance requirements below. It is
highly recommended that Bidders confer with their respective insurance
carriers or brokers to determine in advance of bid submission the
availability of the insurance certificates and endorsements required below.
A bidder who is awarded a contract and thereafter fails to comply strictly
with the insurance requirements, will be deemed to be in default of its
obligations.
2. Contractor shall procure, and maintain for the duration of the Contract, and
for 3 years thereafter, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his/her agents,
representatives, employees, or Subcontractors. The cost of such
insurance shall be included in the Contractor's bid.
3. No later than ten (10) calendar days following the Award of the Contract,
and prior to execution of the Agreement for Construction by the Owner,
the Contractor shall submit certificates of insurance, signed by an
authorized agent of the insurer, attesting to insurance coverage of the
Contractor as required by this Article.
B. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
("occurrence" form CG0001).
2. Insurance Services Office Business Auto Coverage form number CA 0001
0187 covering Automobile Liability, code 1 "any auto".
3. Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance.
C. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: One million dollars ($1,000,000.00)combined single limit
per occurrence for bodily injury, personal injury, and property damage. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
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separately to this project/location or the general aggregate limit shall be
three times the required occurrence limit.
2. Automobile Liability: One million dollars ($1,000,000.00) combined single
limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of one million dollars ($1,000,000.00) per
accident.
D. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by
the Owner. If approved at the option of the Owner, either: the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the Owner, its
officers, officials, employees, and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim
administration and defense expense.
E. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
1. Fire Insurance / Builders Risk Insurance.
a. At the Owner's option, the Contractor shall secure "All Risk" type
Builder's Risk Insurance for the Work to be performed pursuant to
this Agreement for an individual Work Order. The policy shall cover
not less than losses due to fire, explosion, vehicle damage, theft,
flood, earthquake, and civil commotion with no coinsurance
penalty provision.
b. The Contractor shall obtain and keep in force insurance against
loss or damage by fire and the customary extended perils including
windstorm, hail, explosion, aircraft, vehicle, smoke, riot, and civil
commotion, vandalism, sprinkler leakage (including earthquake)
as covered under the standard forms of California Standard Fire
Insurance Policy for school projects or Factory Insurance
Association and/or Factory Mutual Insurance Company for projects
other than schools. The policy shall cover the entire structure on
which the work of this contract is to be done, up to the full insurable
value thereof, including items of labor and materials connected
therewith on the site, materials in place or to be used as part of the
permanent construction including materials stored and partially
paid for by the Owner as provided in Division 01 — General
Requirements, surplus materials, shanties, protective fences,
bridges, or temporary structures, miscellaneous materials and
supplies incident to the work, and such scaffolding, staging,
towers, forms and equipment as are not owned or rented by the
Contractor, the cost of which is included in the cost of the work.
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EXCLUDED: This insurance does not cover any tools owned by
mechanics, any tools, equipment, scaffolding, staging, towers, and
forms owned or rented by the Contractor,the capital value of which
is not included in the cost of the Work, or any structures erected
for the Contractor's administration of the Project. The loss, if any,
is to be adjustable with and payable to the Owner as trustee for the
insured as their interests may appear, except in such cases as may
require payment of all or a proportion of said insurance to be made
to a mortgagee or trustee as its interest may appear.
C. The Owner shall be named as insured jointly with the Contractor
and other proper parties, all as their respective interests may
appear. All subcontractors shall be insured to the extent of their
portion of the work under the Contractor. The Owner, Contractor
and all subcontractors waive all rights, each against the others, for
damages caused by fire or other perils covered provided under the
terms of this article, except such rights as they may have to the
proceeds of the insurance held by the party obtaining and
maintaining the insurance policy in force who acts as trustee of
said policy. Certificates of such insurance shall be filed with the
Owner. If the Contractor fails to effect or maintain insurance as
above and so notifies the Owner, the Owner may insure his own
interest and charge the cost thereof to the Contractor.
d. In the event of a partial or total destruction by the perils insured
against, of any or all of the work and/or materials herein provided
for, at any time prior to the final completion of the Contract and the
final acceptance by the Owner of the Work or materials to be
performed or supplied thereunder, the Contractor shall promptly
reconstruct, repair, replace, or restore all work or materials so
destroyed or injured at his sole cost and expense. Nothing herein
provided for shall in any way excuse the Contractor or his surety
from the obligation of furnishing all the required materials and
completing the work in full compliance with the terms of the
Contract.
2. Commercial General Liability and Automobile Liability Coverages.
a. The Contractor shall secure Commercial General Liability
Insurance with limits of not less than one million dollars
($1,000,000.00) per occurrence and an annual aggregate of three
million dollars ($3,000,000.00). This policy shall be issued on a per
occurrence basis. The Owner may require specific coverage
including completed operations, product liability, contractual
liability, XCU, fire legal liability or any other liability insurance
deemed necessary because of the nature of the contract. The
Owner, its officers, officials, employees, agents, including
Consulting Engineers while performing contract administration
services, and volunteers are to be covered as insured as respects
all of the following: liability arising out of activities performed by or
on behalf of the Contractor, including the insured's general
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supervision of the Contractor; products and completed operations
of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by or
on behalf of the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the Owner, its
officers, officials, employees, or volunteers.
b. The Contractor's insurance coverage shall be primary insurance
as respects the owner, its officers, officials, employees, agents,
Consulting Engineers, and volunteers. Any insurance or self-
insurance maintained by the Owner, its officers, officials,
Employees, agents, Consulting Engineers, or volunteers shall be
in excess of the Contractor's insurance and shall not contribute
with it.
C. Any failure to comply with reporting provisions of the policies shall
not affect Coverage provided to the Owner, its officers, officials,
employees, agents, Engineers, Consulting Engineers, or
volunteers.
d. The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
e. Such Commercial General Liability insurance shall name the
County of Fresno, its officers, agents, and employees, individually
and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned. Such coverage
for additional insured shall apply as primary insurance and any
other insurance, or self-insurance, maintained by Owner, 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 Owner.
Contractor shall obtain endorsements to the Commercial General
Liability insurance policy naming Owner as an additional insured
and providing for a thirty(30)day prior written notice of cancellation
or change in terms or coverage.
f. Comprehensive Automobile Liability Insurance with limits of not
less than one million dollars ($1,000,000) per accident for bodily
injury and property damage. Coverage should include owned and
non-owned vehicles used in connection with this Agreement and
all applicable endorsements.
3. Professional Liability Coverage.
If Contractor employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, the Contractor shall secure
Professional Liability Insurance with limits of not less than one million
dollars ($1,000,000.00) per occurrence, and three million dollars
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($3,000,000.00) annual aggregate, with a provision for three (3) year tail
coverage.
4. Worker's Compensation and Employers Liability Coverage.
The Contractor shall obtain a policy of Worker's Compensation insurance
in accordance with applicable provisions of the California Labor Code. The
insurer shall agree to waive all rights of subrogation against the Owner, its
officers, officials, employees, and volunteers for losses arising from work
performed by the Contractor for the Owner. Contractor shall supply the
Owner with certificates of insurance in triplicate, evidencing that Workers
Compensation Insurance is in effect and providing that the Owner will
receive thirty (30) days' notice of cancellation. If Contractor self-insures
Workers Compensation, Certificate of Consent to Self-Insure shall be
provided to the Owner.
5. All Coverages.
Prior to the commencement of performing its obligations under this
Agreement, Contractor shall provide certificates of insurance and upon
request from Owner, formal endorsements for the foregoing policies, as
required herein, to the Owner, listing the name and address of the official
who will administer this contract, and 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 Owner, its officers, agents and employees,
shall be excess only and not contributing with insurance provided under
Contractor's policies herein; and each insurance policy required by this
Section 2.40 shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice has been given to
the Owner.
F. ACCEPTABILITY OF INSURERS
Contractor shall obtain the policies and coverages specified herein from an
admitted insurer in good standing with and authorized to transact business in this
state by the California Department of Insurance and having a Best's rating of no
less than A FSC Vill.
G. VERIFICATION OF COVERAGE
Contractor shall furnish the Owner with certificates of effecting coverage required
by this clause. The certificates for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All certificates
are to be received and approved by the owner before work commences. The
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Owner reserves the right to require complete, certified copies of all required
insurance policies, at any time. In the event Contractor fails to keep in effect at all
times insurance coverage as herein provided, the Owner may, in addition to other
remedies it may have, suspend, or terminate this Agreement upon the occurrence
of such event. The Certificate of Insurance shall be issued in triplicate, and
provided to the Owner within ten (10) days of award, and also shall be provided
to all other participating agencies who contribute to the cost of the work or have
jurisdiction over areas in which the work is to be performed and all officers and
employees of said agencies while acting within the course and scope of their
duties and responsibilities.
H. SUBCONTRACTORS
Contractor shall include all Subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each Subcontractor. All
coverages for Subcontractors shall be subject to all of the requirements stated
herein.
2.41 UNCOVERING WORK
A. This Section shall apply to any Work installed and covered up by the Contractor
that is required by the Building Code or other statutory or regulatory requirement
to undergo inspection or special inspection and/or testing approval by an
appropriate official representing the Owner or other public authority having
jurisdiction to conduct such inspection and/or testing or by any requirements
specifically expressed in the Contract Documents. Work covered up by the
Contractor, Contractor's Subcontractor's, or Suppliers prior to inspection/special
inspection and/or testing approval shall be uncovered and repaired or replaced
after inspection approval at the sole expense of the Contractor. This shall apply
to all labor and material needed to complete both physical and cosmetic repairs,
and any additional inspection costs associated with restoring the Work.
B. This Section also shall apply to any Work installed and covered up by the
Contractor, Contractor's Subcontractor's or Suppliers that is determined by the
Owner or its Project Manager, during construction or within the Warranty period,
to be defective, broken, or inoperative. Work covered up by the Contractor,
Contractor's Subcontractor's or Suppliers that is found to be defective, broken, or
inoperative shall be uncovered and repaired or replaced at the sole expense of
the Contractor. This shall apply to all labor and material needed to complete both
physical and cosmetic repairs, and any additional inspection costs associated with
restoring the Work.
2.42 CORRECTION OF WORK
A. The Contractor shall promptly correct all Work rejected by the Project Manager as
defective or as failing to conform to the Contract Documents, whether or not
fabricated, installed, or completed. The Contractor shall submit a plan of action,
within twenty-four (24) hours of notification of the rejected work by the Project
Manager, for correcting the rejected work. The Contractor shall bear all costs of
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correcting such rejected Work, including compensation for the Engineer's and
Architect's additional services made necessary thereby.
B. If, within one (1) year after the date of acceptance of the Work as specified in the
Notice of Completion, or designated portion thereof, or within one (1) year after
acceptance by the Owner of designated equipment, or within such longer period
of time as may be prescribed by the terms of any applicable special warranty
required by the Contract Documents, any of the Work is found by Owner to be
defective or not in accordance with the Contract Documents, the Contractor shall
correct it promptly after receipt of a written notice from the Owner to do so, unless
the Owner has previously given the Contractor a written acceptance of such
condition. This obligation shall survive both final payment for the Work or
designated portion thereof and termination of the Contract. The Owner shall give
such notice promptly after discovery of the condition.
C. The Contractor shall, at his/her sole expense, remove from the site all portions of
the Work that are defective or nonconforming and which have not been corrected
under Articles 2.32, 2.42.A, and 2.42.13, unless the Owner waives removal.
D. If the Contractor fails to submit a plan of action, within twenty-four (24) hours of
notification of the rejected work by the Project Manager,for correcting the rejected
work, or fails to correct defective or nonconforming Work as provided herein in
Articles 2.32, 2.42.A, and 2.42.B, the Owner may correct it in accordance with
Article 2.08.C.
E. If the Contractor does not take action under the plan to initiate such correction of
such defective or nonconforming Work within ten (10) days of written notice from
the Project Manager, the Owner may remove it and may store the materials or
equipment at the expense of the Contractor. If the Contractor does not pay the
cost of such removal and storage within ten (10) days thereafter, the Owner may,
upon ten (10)additional days'written notice, sell such Work at auction or at private
sale and shall account for the proceeds thereof, after deducting all the costs that
should have been borne by the Contractor, including compensation for the Project
Manager, Architect, or other Professional's additional services made necessary
thereby. If such proceeds of sale do not cover all costs that the Contractor should
have borne, the difference shall be charged to the Contractor and an appropriate
Supplemental Work Order shall be issued. If the payments then or thereafter due
the Contractor are not sufficient to cover such amount, the Contractor shall pay
the difference to the Owner.
F. The Contractor shall bear the cost of making good all work of the Owner or
separate contractors destroyed or damaged by such correction or removal.
G. Nothing contained in this Section 2.42 shall be construed to establish a period of
limitation with respect to any other obligation which the Contractor might have
under the Contract Documents, including Section 2.32 hereof. The establishment
of the time periods noted in this Section 2.42, or such longer period of time as
may be prescribed by law or by the terms of any warranty required by the Contract
Documents, relates only to the specific obligation of the Contractor to correct the
defective or nonconforming Work, and has no relationship to the time within which
the Contractor's obligation to comply with the Contract Documents may be sought
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to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other
than specifically to correct the defective or nonconforming Work.
2.43 ACCEPTANCE OF DEFECTIVE OR NONCONFORMING WORK
If the Owner prefers to accept defective or nonconforming Work, the Owner may do so
instead of requiring its removal and correction, in which case a Supplemental Work Order
will be issued to reflect a reduction in the Work Order Price where appropriate and
equitable. Such adjustment shall be affected whether or not final payment has been
made. Project Manager shall determine the amount of reduction in the Work Order Price.
2.44 TERMINATION BY THE OWNER
A. If the Contractor is adjudged bankrupt, or makes a general assignment for the
benefit of creditors, or if a receiver is appointed on account of the Contractor's
insolvency, or stop notices are served upon the Owner, or if the Contractor
persistently or repeatedly refuses or fails, except in cases for which extension of
time is provided, to supply enough properly skilled workers or proper materials, or
fails to make prompt payment to Subcontractors or for materials or labor, or
persistently disregards applicable laws, ordinances, rules, regulations or orders
of any public authority having jurisdiction, or otherwise is guilty of a substantial
violation of a provision of the Contract Documents, and fails after written notice to
commence and continue correction of such default, neglect or violation with
diligence and promptness, the Owner upon certification by the Project Manager
that sufficient cause exists to justify such action, may, after an additional written
notice and without prejudice to any other remedy the Owner may have, terminate
the Contract and take possession of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the Owner may deem expedient. In such case the
Contractor shall not be entitled to receive any further payment until the Work is
finished.
B. If the unpaid balance of the Work Order Price exceeds the costs of finishing the
Work, including compensation for the Project Manager's and Architect's additional
services made necessary thereby, Contractor will only be paid for his/her actual
unpaid costs from such excess. If such costs exceed the unpaid balance, the
contractor shall pay the difference to the Owner. The amount to be paid to the
Contractor or to the Owner, as the case may be, shall be certified by the Project
Manager, upon application, in the manner provided in Section 2.24 and this
obligation for payment shall survive the termination of the Contract.
2.45 SUBSTITUTION OF MATERIALS
A. When a specific manufacturer, trade name or material is specified, or indicated, it
is to establish a standard of quality and shall not be construed as limiting
competition. The intent of the Contract Documents is to specify high-grade
standard material and equipment, and it is not the intent of these Contract
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Documents to exclude or omit the products of any responsible manufacturer, if
such products are equally acceptable in terms of quality, finish, performance,
durability, and serviceability, in the judgment of the Owner and the Architect, to
those specified 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, performance, durability, and
serviceability, in the judgment of the Owner and the Architect, for the purpose for
which it is or they are intended.
B. If the Contractor desires to use material or equipment other than that specified,
he/she shall submit a request for approval of such substitution, in writing, to the
Project Manager by no later than ten (10) days prior to bid opening. Substitution
requests will not be considered if received after the time stipulated.
C. The Owner does not guarantee that alternative articles, components, materials,
or equipment other than the item specified by trade name or other specific
identification, will fit within the design parameters of the project without alteration
of the project design by the Contractor.
D. The Owner has the right to reject any proposed alternative material which requires
alteration of the project design which impacts the safety of the public or the user
of a completed facility. If the proposed alternative material requires alteration of
the design of the Project or any aspect thereof and said alterations are acceptable
to the Owner, the Contractor shall be responsible for performing said alterations
at no additional cost to the Owner.
E. Submittals for approval of substitute materials shall contain sufficient detailed
information, descriptive brochures, drawings, samples, or other data as is
necessary to provide a detailed side-by-side comparison to the specified
materials. It is the sole responsibility of the Contractor to submit complete
descriptive and technical information so the Project Manager can make proper
appraisal. Lack of either proper or sufficient information shall constitute cause for
rejection. Reference to product data will not be acceptable.
F. It is the Contractor's responsibility to confirm and correlate all quantities and
dimensions and coordinate with all trades whose work may be affected by the
requested substitution.
2.46 REFERENCE TO STANDARDS
A. Reference to known standards shall mean and intend the latest edition or
amendment published prior to date of these Specifications, unless specifically
indicated otherwise, and to such portions of it that relate and apply directly to the
material or installation called for on the Project.
B. Where material is specified solely by reference to standard specifications, the
Contractor shall, if requested by the Project Manager, submit to the Project
Manager for his/her approval, data on all such material proposed to be
incorporated into the Work of the Contractor, listing the name and address of the
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vendor, the manufacturer or producer, and the trade or brand names of such
materials.
2.47 SPECIFICATIONS
A. The Specifications are organized into Divisions, Sections, and Trade headings
based on the Construction Specifications Institute's Master format and the Master
format numbering system. This organization shall not control the Contractor in
dividing the Work among Subcontractors or in establishing the extent of the Work
to be performed by any trade. The Contractor shall be responsible for examining
all Sections of the Specifications for inter-related items of the Work, and for
furnishing each item identified or specified.
B. No responsibility will be assumed by the Owner, Architect or the Project Manager
for omissions or duplications by the Contractor in the completion of the Contract
due to any alleged discrepancy in the arrangement of the material in these
Specifications, nor shall any such segregation of work and materials operate to
make the Project Manager an arbiter in defining the limits to the agreements
between the Contractor and his/her Subcontractors or suppliers.
C. The misplacement, addition or omission of any letter, word or punctuation mark
shall in no way damage the true spirit, intent or meaning of these Specifications.
D. The words "shown", "indicated", "noted", "scheduled" or words of that effect shall
be understood to mean that reference is made to Drawings accompanying these
Specifications.
E. Where reference herein is made to colors or finishes "as selected", the reference
is to the Architect with concurrence by the Owner.
2.48 APPROVED APPLICATORS
A. Where specific instructions in these Specifications require that a particular product
and/or materials be installed and/or applied by an "approved applicator" of the
manufacturer, it shall be the Contractor's responsibility to ensure that any
Subcontractors used for such work be approved applicators.
B. Contractor accordingly shall bear any and all costs and shall reimburse Owner for
any such costs incurred by Owner, resulting from Contractor's failure to insure the
use of an "approved applicator."
2.49 DELIVERY AND STORAGE OF MATERIALS
A. Deliver all manufactured materials in the original packages, containers, or bundles
(with the seals intact), bearing the name or identification mark of all
manufacturers.
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B. Deliver fabrications in as large assemblies as practicable and where specified to
be shop-primed or shop-finished; they shall be packaged or crated as required to
preserve such priming or finish intact and free from abrasion.
C. Store all materials in such manner as necessary to properly protect same from
damage, as materials or equipment damaged by handling, weather, dirt or from
any other cause will not be acceptable.
D. Store materials so as to cause no obstructions (i.e., stored off all sidewalks and
other walkways, roadways, and underground services). The Contractor shall be
responsible for protecting from damage all material and equipment furnished
under the Contract.
2.50 QUALITY OF WORK
A. Where not more specifically described in any of the various Sections of these
Specifications, the quality of work shall conform to all of the methods and
operations of best standards and accepted practices of the trade or trades
involved, and shall include all items of fabrication, construction, or installation
regularly furnished or required for completion of the work (including any finish),
and for successful operation as intended of the project and the component thereof
corresponding to that work.
B. All Work shall be executed by mechanics skilled in their respective lines of work.
C. When completed, all parts shall have been durably and substantially built and
shall present a neat, finished appearance.
2.51 HOURS OF WORK
A. Eight (8) hours of labor shall constitute a legal day's work upon all work done
hereunder, and it is expressly stipulated that no worker employed at any time by
the Contractor, or by a Subcontractor under this Contract, upon the Work, shall
be required or permitted to work thereon more than eight (8) hours in any one (1)
calendar day and forty (40) hours in any one (1) calendar week, except as
provided in Sections 1810-1815 inclusive, of the Labor Code of the State of
California, all the provisions of which are deemed to be incorporated herein as if
set forth in full; and it is further expressly stipulated that for each and every
violation of said last named stipulation, said Contractor shall forfeit, as a penalty
to the Owner, fifty dollars ($50.00)for each worker employed by the Contractor in
the execution of this Contract, for each calendar day during which said worker is
required or permitted to labor more than eight (8) hours in any one (1) calendar
day and forty (40) hours in any one (1) calendar week in violation of any of said
provisions of the Labor Code.
B. Notwithstanding the above stipulations, pursuant to Section 1815 of the Labor
Code, work performed by employees of contractors in excess of eight (8) hours
per day and forty (40) hours during any one (1) week shall be permitted on the
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Project upon compensation for all hours worked in excess of eight (8) hours per
day at not less than one and a half(1 1/2) times the basic rate of pay.
2.52 WAGE RATES
A. All projects under this Contract shall be subject to compliance monitoring and
enforcement by the Department of Industrial Relations (DIR), including the
obligation to submit certified payroll records directly to the DIR Compliance
Monitoring Unit (CMU) at least monthly using the CMU's eCPR system. Detailed
information may be obtained on the State of California's Department of Industrial
Relations website, www.dir.ca.gov/dlse/cmu/CMU.
The Contractor shall also submit certified payroll records of the Contractor,
Subcontractors, and all Sub-subcontractors of any tier to the Project Manager at
least monthly.
B. Contractor shall, and shall cause each of its Subcontractors (as defined in Labor
Code Section 1722.1) to provide written proof that they are currently registered
with the California Department of Industrial Relations at the time of bid submittal,
and have paid the applicable annual fee and are thereby qualified to submit a bid
and to perform public work pursuant to Labor Code Section 1725.5, prior to award
of this Contract or any subcontract hereunder. No bid shall be accepted, nor shall
this Contract or any subcontract hereunder, be entered into without such proof.
C. Pursuant to Section 1770-1780 of the Labor Code of the State of California, the
Director of the Department of Industrial Relations has determined the general
prevailing rates of wages and rates for legal holidays and overtime in the locality
in which this work is to be performed, which under Labor Code Section 1773.1
are deemed to include employer payments for health and welfare, pension,
vacation, travel time and subsistence pay, and apprenticeship or other authorized
training programs, for each craft or type of worker or mechanic needed to perform
this contract. Said wage rates are available only at the Fresno County Department
of Public Works and Planning, Design Division, and will be made available to any
interested person upon request. Minimum wage rates for this Project, as
predetermined by the Secretary of Labor, are set forth in the Special Provisions.
If there is a difference between the minimum wage rates predetermined by the
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.
D. It shall be mandatory upon the Contractor to whom the Contract is awarded, and
upon any Subcontractor under him/her to pay not less than the said specified rates
to all laborers, workers, and mechanics employed by them in the execution of the
Contract, and to pay all laborers, workers, and mechanics not less often than once
weekly. The Contractor to whom the Contract is awarded shall post a copy of the
determination of prevailing wages at the job site. The Contractor shall require all
Subcontractors to comply with Sections 1770-1780 of the Labor Code of the State
of California and shall insert into every subcontract the requirements contained
therein.
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E. The Contractor shall comply with Labor Code Section 1775. In accordance with
said Section 1775, it is hereby further agreed that the Contractor shall forfeit to
the Owner, as a penalty, fifty dollars ($50.00) for each laborer, worker, or
mechanic employed for each calendar day or portion thereof, who is paid less
than the said stipulated rates for any work done under the Contract, by him/her or
by any Subcontractor under him/her. The difference between said stipulated rates
and the amount paid to each worker for each calendar day or portion thereof for
which each worker was paid less than said stipulated rate shall be paid to each
worker by the Contractor. The Contractor, and each Subcontractor, shall keep or
cause to be kept an accurate record showing the name, address, social security
number, work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman, apprentice,
worker or other employee employed by him/her or her in connection with the public
work. The records shall be open at all reasonable hours to the inspection of the
Owner, to its officers and agents, and to the Division of Labor Law Enforcement
of the State Department of Industrial Relations, its deputies, and agents, or as
otherwise provided by applicable law (including but not limited to Labor Code
1776).
F. In case it becomes necessary for the Contractor or any Subcontractor to employ
on the Work under this Contract any person in a trade or occupation (except
executive, supervisory, administrative, clerical or other non-manual workers as
such) for which no minimum wage rate is specified, the Contractor shall
immediately notify the Owner who shall promptly thereafter determine the
prevailing rate for such additional trade or occupation from the time of the initial
employment of the person affected and during the continuance of such
employment.
2.53 APPLICATION OF HIGHEST STANDARDS AND REQUIREMENTS
Whenever two(2)or more standards or requirements appear in these General Conditions
or in any other part of the Contract Documents that form the Contract, the highest
standard or requirement shall be applied and followed in the performance under this
Contract.
2.54 NONDISCRIMINATION IN EMPLOYMENT
Contractor shall comply with all Federal and State Laws prohibiting discrimination in
employment, including the following:
A. California Fair Labor Code Section 1735, which prohibits discrimination in
employment on any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and 12926.1 of
the Government Code, except as otherwise provided in Section 12940 of the
Government Code, and applies to all employers, employment agencies and labor
organizations.
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B. Title VII of the Federal 1964 Civil Rights Act (42 U.S.C. Section
2000e - 2000e - 17) which prohibits employment discrimination on the basis of
race, color, sex, religion, or national origin, and applies to all employers that
employ at least fifteen (15) workers during each working day in each of twenty
(20) or more calendar weeks in the current or preceding year.
C. In addition to these two (2) laws of general application listed in the immediately
preceding paragraphs A and B, there are other Federal and State laws that
prohibit employment discrimination in particular cases.
D. The Owner is an Affirmative Action Employer and expects all of its contractors
and suppliers to familiarize themselves with, and comply with, all applicable laws
relating to employment discrimination.
E. To the extent required by law, the Contractor shall meet all requirements of law
relating to the participation of minority, women, and disabled veteran business
enterprise contracting goals, and shall comply with Public Contract Code 10115
et seq. and all applicable regulations. Contractor further agrees that, when
required, Contractor shall ensure compliance by all Subcontractors and shall
complete all forms required by all agencies exercising jurisdiction over the project.
2.55 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.
2.56 PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Every provision of law and clause required by law to be inserted in this contract shall be
deemed to be inserted, and this contract shall be read and enforced as though it were
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included, and if through mistake or otherwise any provision is not inserted or is not
correctly inserted, upon application of either party the contract shall be amended to make
the insertion or correction.
2.57 DRUG FREE WORKPLACE CERTIFICATION
A. The Contractor shall comply with Government Code Section 8355 in matters
relating to providing a drug-free workplace.
B. The Contractor shall publish a statement notifying employees that unlawful
manufacture, distribution, dispensation, possession, or use of controlled
substance is prohibited and specifying actions to be taken against employees for
violations, as required by Government Code Section 8355(a).
C. The Contractor shall establish a Drug-Free Awareness Program as required by
Government Code 8355(a)(2), to inform employees about all of the following:
1. The dangers of drug abuse in the workplace,
2. The Contractor's policy for maintaining a drug-free workplace,
3. Any available counseling, rehabilitation, and employee assistance
programs,
4. Penalties that may be imposed upon employees for drug abuse violations.
D. Provide as required by Government Code 8355(c), that everyone who provides
work under the Agreement.
1. Will receive a copy of the company's drug-free policy statement, and
2. Will agree to abide by the terms of the Contractor's statement as a
condition of employment on the contract.
2.58 BUILDING PERMIT AND OTHER PERMITS
The Building permit shall be obtained and paid for by the Owner. All other required permits
are the responsibility of the Contractor to obtain. Fees for all other required permits shall
be reimbursed to the Contractor at actual cost when the County is presented with a valid
receipt.
2.59 CODES AND REGULATIONS
All work, materials and equipment shall be in full compliance with the California Building
Code; California Plumbing Code; California Electrical Code; California Mechanical Code;
California Fire Code; California Energy Code; as those codes may be amended from time
to time; Cal/OSHA Safety Regulations; all Federal, State and Local laws, ordinances,
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regulations and Fresno County Charter provisions in effect and applicable in the
performance of the work.
2.60 JOB ORDER CONTRACTING SOFTWARE AND LICENSE
A. Job Order Contracting Software:
The Owner selected The Gordian Group's (Gordian)Job Order Contracting (JOC)
Solution for their JOC program. The Gordian JOC SolutionT"' includes Gordian's
proprietary JOC Information Management System ("JOC IMS"), construction cost
data, and Construction Task Catalog® which shall be used by the Contractor
solely for the purpose of fulfilling its obligations under this Contract, including the
preparation and submission of Job Order Proposals, Price Proposals,
subcontractor lists, and other requirements specified by the Owner. The
Contractor shall be required to execute Gordian's General Terms of Use and pay
a one percent (1%) JOC System License Fee to obtain access to the Gordian
JOC Solution TM. The JOC System License Fee applies to all Job Orders issued to
the Contractor under the terms of this Contract. The Contractor shall include the
JOC System License Fee in the Adjustment Factors.
END OF SECTION
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SELF-DEALING TRANSACTION DISCLOSURE FORM
(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:
SELF-DEALING TRANSACTION DISCLOSURE FORM INSTRUCTIONS
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 which one or
more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing the disclosure form.
(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 Codes.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).