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HomeMy WebLinkAbout32173Agreement No. 15-183 1 AGREEMENT 2 This AGREEMENT ("Agreement") is made and entered into this 19th day of May, 2015, by and 3 between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter 4 "COUNTY", and Durham Construction Company, Inc. hereinafter "CONTRACTOR". 5 WHEREAS, the COUNTY has a need for Job Order Contracting services; and 6 WHEREAS, the CONTRACTOR is qualified and willing to perform said services. 7 NOW, THEREFORE, the parties agree as follows: 8 W I T N E S S E T H: 9 This Agreement shall establish a competitively bid, fixed price, indefinite quantity, Job Order 1 0 Contract. The scope of work to be performed pursuant to this Agreement includes a comprehensive 11 listing of detailed repair and construction tasks and specifications that have pre-established units of 12 measure and unit prices listed in the Construction Task Catalog developed for the COUNTY by the 13 Gordian Group. The work under this Agreement shall be carried out pursuant to individual Job (or 14 Task) Orders and shall involve the repair, alteration, modernization, maintenance, rehabilitation, 15 reconstruction, or construction of public buildings, streets, utilities, and other public works. 16 The obligations of all parties under this Agreement shall be as set forth in this Agreement and 17 detailed in accordance with COUNTY's Request for Quotation No. 912-5334 and all addendums 18 thereto (collectively, the "RFQ") attached hereto as Exhibit A and CONTRACTOR's Response to the 19 RFQ ("Response") attached hereto as Exhibit 8, both of which are incorporated herein by reference 20 and made a part of this Agreement. All capitalized terms used in this Agreement shall have the 21 meanings attached to them as set forth in COUNTY's RFQ. 22 23 I. A. OBLIGATIONS OF CONTRACTOR CONTRACTOR agrees to furnish all labor and materials, including tools, 24 implements, and appliances required, and to perform all the work in a good and workmanlike 25 manner, free from any and all liens and claims of mechanics, material-men, subcontractors, 26 artisans, machinists, teamsters, day-men and laborers required for completing specific Job Orders 27 as directed by COUNTY. 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B.In accordance with the provisions ofSection 1770 ofthe LaborCode, the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as providedfor in Section 1773.8, apprenticeship orother training programs authorized bySection3093, and similar purposes applicable to the workto be done. Said wages are on file with the Clerk ofthe Board of Supervisors,Room 301,Hall of Records,Fresno,California,and are incorporated herein by reference. It shall be mandatory upon the CONTRACTOR herein and upon any subcontractor to pay not less than the said specified rates to all laborers,workmen and mechanics employed bythem in the execution of each Job Order under this Agreement. CONTRACTOR shall comply with Labor Code Section 1775.In accordance with said Section 1775, the CONTRACTOR shall forfeit as a penalty to the COUNTY $200.00 for each calendar day or portion thereof,foreach workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done underthis Agreement by CONTRACTOR or by any subcontractor under CONTRACTOR in violation ofthe provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuantto said Section 1775,the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paidto each workman by the CONTRACTOR. The CONTRACTOR and each subcontractor shall keep or cause to be kept an accurate record showing the names and occupations of all laborers,workmen and mechanics employed by him in connection with the execution ofthis Agreement oranysubcontract thereunder,and showing also the actual per diem wage paid to each of such workers,which records shall be open at all reasonable hours to inspection by the COUNTY,its officers and agents and to the representatives ofthe Division of Labor Law Enforcement ofthe State Department of Industrial Relations. CONTRACTOR and any subcontractor under CONTRACTOR shall also comply with the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provisions of Section 1777.5 and Section 1777.6 of the Labor Code concerning the employment of apprentices. C.It is further understood and agreed that,in accordance with the provisions of Sections 1810 to 1815 ofthe Labor Code ofthe Stateof California,eight (8)hours labor shall constitute a day's work,but because this isa contract for public work,work performed by employees of the CONTRACTOR and each Sub-Contractor in excess of eight (8)hours per day, and forty (40)hours in any one week, shallbe permitted uponcompensationfor all hours worked in excess ofeight (8)hoursperday at notless than one and one-half (1 1/2)timesthe basicrateof pay. The CONTRACTOR andeach subcontractor shall keep an accurate record showing the names and actual hours worked ofallworkers employed by himinconnection with the work contemplated bythis Agreement, which record shall be open at all reasonable hours to the inspection ofthe COUNTY or its officeror agents and to the Chief ofthe Division of Labor Statistics and Law Enforcement ofthe Department of Industrial Relations,his deputies or agents.It is hereby further agreed thatsaid CONTRACTOR shall forfeit as a penalty tothe COUNTY the sum of twenty-five dollars ($25)for each laborer,workman employed by CONTRACTOR or any subcontractor under CONTRACTOR,foreach calendar day during which such laborer or workman is required or permitted to labormorethan eight (8)hours in violation ofthis stipulation. The Board of Supervisors hereby specifies that portions ofthe work can only be performed outside the regular working hours as defined in the applicable collective bargaining agreement filed with the Director of Industrial Relations in accordance with LaborCode Section 1773.1, and that the overtime requirementsforSaturdays, and holidays are hereby waived for these portions ofthe work,as more particularly described in the specifications.However,this exemption shall not negate the overtime provisions specified in Labor Code Section 1815. D.All agreements betweenthe CONTRACTOR,Sub-Contractors,and Sub-Contractors of lower tiershall be subjectto COUNTY'S approval.In no case does such approval relieve the CONTRACTOR ofany conditionsimposed bythis Agreement or any other Contract Documents. Sub-Contractors may be added,deleted or substituted only in accordance with the provisions of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Public Contract Code Section 4100 et seq. CONTRACTOR shall bind every Sub-Contractor by the terms ofthe Contract Documents to carryouttheir provisions insofaras applicable to their work;and the CONTRACTOR further agrees to pay to each Sub-Contractor promptlyupon issuance of Certificate of Payment,his/her or their due portion. Neitherthe acceptance ofthe name of Sub-Contractor nor the suggestion of such name nor any other act ofthe COUNTY nor anything contained in any Contract Document shall be construed as creating any contractual relation between the COUNTY and any Sub-Contractor ofany tier. The COUNTY reserves the right to reject any proposed Sub-Contractor,installer, or supplier who cannot show satisfactory evidence of meeting the qualificationsrequired bythe Contract Documents.In the event of such rejection,the CONTRACTOR shall, within the time frame listedforsubmittal of revised Proposals, submit the name and qualificationsof a replacement Sub- Contractor, installer or supplier satisfactory to the COUNTY.Such replacement submittal shall be in accordance with all Contract Documents.No adjustment of Proposal price shall be made inthe event of such replacement. When an individual Job Order utilizes Federal Funds and the COUNTY elects to require Disadvantaged Business Enterprise (DBE)participation,the CONTRACTOR shall follow the Federal Good Faith Effort requirements for inclusion of DBE Sub-Contractors and suppliers. II-OBLIGATIONS OF THE COUNTY A. The COUNTY will identify projects and their intended results and will work with CONTRACTOR to develop scope and specifications. B. The COUNTY will issue a Notice to Proceed foreach Job Orderand issue any required change orders. C. The COUNTY will provide inspection and acceptance ofthe work. III.TERM The term ofthis Agreement shall be ineffect for one year from May20, 2015 through May19, 2016 or when issued Job Orders totaling the Maximum Contract Value have been completed, whichever occurs first.All Job Orders must be issued,but not necessarily completed within one 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 calendaryearofthe commencement date ofthis Agreement as set forth on page one. IV.TERMINATION A.Non-Allocation ofFunds-theterms ofthis Agreement,and the servicesto be provided thereunder,are contingent onthe approval offundsbythe appropriating government agency. Should sufficient funds not be allocated,the services provided may be modified,orthisAgreement terminated, at any time by giving the CONTRACTOR thirty(30)days advance written notice. B.Breach of Contract -the COUNTY may immediately suspend or terminate this Agreement in whole or in part,where in the determination of the COUNTY there is: 1.An illegal or improper use of funds; 2. A failure to comply withany term ofthis Agreement; 3. Asubstantially incorrect or incomplete report submitted to the COUNTY; 4.Improperly performed service. In noevent shall any payment bythe COUNTY constitute a waiver bythe COUNTY ofany breach ofthis Agreement or any default whichmay then exist on the part ofthe CONTRACTOR. Neither shallsuch payment impair or prejudiceany remedy availableto the COUNTY with respect to the breach or default. The COUNTYshall have the rightto demand of the CONTRACTOR the repayment to the COUNTY ofany funds disbursed to the CONTRACTOR under this Agreement, which in the judgment ofthe COUNTY werenotexpended in accordance with the termsofthis Agreement. The CONTRACTOR shall promptly refund any such funds upon demand. C.Without Cause - Undercircumstances otherthan those set forth above, this Agreement may be terminated by COUNTY upon the giving of thirty (30)days advance written notice of an intention to terminate to CONTRACTOR. V.COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation for each Job Order in accordance with the CONTRACTOR'S Adjustment Factors stated on the Bid Schedule set forth in CONTRACTOR'S Response,which are as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NormalWorking Hours Adjustment Factor Otherthan Normal Working HoursAdjustment Factor Federally Funded Normal Working Hours Adjustment Factor Federally Funded Other than NormalWorking Hours Adjustment Factor Total 0.8350 0.8351 0.8351 0.8351 0.8350 The Minimum ContractValue is$25,000 (twenty-five thousand dollars).The CONTRACTOR will receive Job Orders totalinga minimum of$25,000 duringthe term ofthis Agreement. The Maximum Contract Value is $2,000,000 (two million dollars).The Maximum Contract Value may be increased by uptothe sum authorized by Public ContractCode Section 20128.5 (currently approximately $4,500,000).Any increase in the Maximum Contract Value will be by mutual agreement. Atnotimemaythe sum ofthe outstanding Job Ordersexceed the amountofthe Payment Bondand Performance Bond.AJob Order is outstanding until the COUNTY has accepted the work described inthe Job Order by execution ofa Noticeof Completion. CONTRACTOR will not be issued Job Orders which in total exceed the Maximum Contract Value.The COUNTY does notguaranteethe CONTRACTOR will receive Job Orders totalingthe Maximum Contract Value. CONTRACTOR shall submit monthly invoices perJob Order in triplicate tothe County of Fresno Internal Services Department,Facility Services Division,4590 E.Kings Canyon,Fresno,CA 93702.COUNTY will pay CONTRACTOR within forty-five (45) days ofreceipt ofan approved invoice. In no event shall all services performed under this Agreement be in excess of the Maximum ContractValue during the term ofthisAgreement.It is understood that all expenses incidental to CONTRACTOR'S performanceofservices underthisAgreementshallbe borne by CONTRACTOR. VI.LIQUIDATED DAMAGES: Itis understood and agreed by both parties to this Agreement that in case all the Work specifiedor indicated in the ContractDocuments is notcompleted within the specifiedtimeframes set forth in the Job Order,or within such time limits as extended,damages will be sustained bythe COUNTY in the eventofand byreason ofsuch delay.It is,and will be,impractical and extremely 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 difficult to determine the actual damage which the COUNTY will sustain byreasonofthe delay.It is therefore agreed thatthe CONTRACTOR will pay,at a minimum,tothe COUNTY,the sum of money stipulatedper day in the Job Orderforeach day's delay in completing the workbeyond the time prescribed. Application of Liquidated Damages and the valueof liquidated damages will be determined by the County ona Job Order by Job Order basis.Each Job Order will state whether Liquidated Damages will be applied. COUNTY may withhold Liquidated Damages from payments to the CONTRACTOR as such damages accrue, or, at COUNTY'S discretion,withhold Liquidated Damages from any payments due orthat become due pursuant to the Contract,including Retention and final payment (pursuant to California Government Code §53069.85).AcreditJob Ordershallbe executed to assess liquidated damages. VII.INDEPENDENT CONTRACTOR: In performance of the work,duties and obligations assumed by CONTRACTOR under this Agreement, itis mutually understood and agreed that CONTRACTOR,including any and allofthe CONTRACTOR'S officers,agents, employees and subcontractors will at alltimes be actingand performing as an independent contractor, and shall act inan independent capacity and not as an officer,agent,servant,employee,joint venturer,partner,or associate of the COUNTY.Furthermore, COUNTY shall have no rightto control or supervise or direct the manner or method bywhich CONTRACTOR shall perform itsworkand function.However,COUNTY shall retainthe right to administer this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and regulations, ifany, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, CONTRACTORshall have absolutely no right to employment rights and benefits available to COUNTY employees.CONTRACTOR shall be solely liable and responsible for providingto, or on behalf of, its employees all legally-required employee benefits.In addition,CONTRACTOR shall be solely responsible and save COUNTY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ofthis Agreement,CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. VIII.MODIFICATION: Anymatters ofthis Agreement may be modified from timeto time bythe written consent ofall the parties without, in any way, affecting the remainder. IX.DISCREPANCIES: Should the CONTRACTOR,at any time, discover a mistake inany ofthe Contract Documents or any discrepancy therein or lack of appropriate information,the CONTRACTOR shall not proceed with the work affected thereby until such correction has been made. In resolving conflicts resulting from errors or discrepancies inany ofthe Contract Documents,the order of precedence shall be as follows: 1)Permits from other agencies as may be required by law. 2)Permits issued by the COUNTY. 3)Changes to Job Orders 4)Job Orders 5)Agreement 6)CONTRACTOR'S Bid 7)Addenda 8)General Conditions 9)Technical Specifications 10)Construction Task Catalog 11)Reference Specifications 12)Instruction to Bidders 13)Notice Inviting Bids X.NON-ASSIGNMENT: Neither COUNTY nor CONTRACTOR shall assign,transfer or sub-contract this Agreement nor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 their rights or duties under this Agreement withoutthe priorwritten consent ofthe other party. XI.HOLD HARMLESS: CONTRACTOR agrees to indemnify,save,hold harmless,and at COUNTY'S request,defend the COUNTY,its officers,agents,and employees from any and all costs and expenses,damages, liabilities,claims,and losses occurring or resulting to COUNTY in connection with the performance,or failure to perform, by CONTRACTOR,its officers,agents,employees or subcontractors under this Agreement,and from any and all costs and expenses,damages,liabilities,claims,and losses occurring or resulting to any person,firm,or corporation who may be injured or damaged by the performance,or failure to perform, of CONTRACTOR,its officers,agents,or employees under this Agreement. XII.INSURANCE Without limiting the COUNTY'S rightto obtain indemnification from CONTRACTOR or any third parties,CONTRACTOR, at its sole expense,shall maintain in full force and effect,the following insurance policies or a program of self-insurance,throughout the term of this Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million Dollars ($2,000,000).This policy shall be issued on a per occurrence basis.COUNTY may require specific coverages including completed operations,products liability,and contractual liability,Explosion-Collapse-Underground,fire legal liabilityor any other liability insurance deemed necessary because of the nature of this contract. B.Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand Dollars ($500,000.00)per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00),or such coverage with a combined single limitof Five Hundred Thousand Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in connection with this Agreement. C.Professional Liability 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D.,R.N.,L.C.S.W.,M.F.C.C.) in providing services,Professional Liability Insurance with limitsof not less than One Million Dollars ($1,000,000.00)per occurrence, Three Million Dollars ($3,000,000.00)annual aggregate. D.Worker's Compensation A policy ofWorker's Compensation insurance as may be required bythe California Labor Code. E.Property Installation Floater CONTRACTOR shall procure and maintain at CONTRACTOR'S sole cost and expense,Property Installation Floater which provides for the improvement,remodel,modification,alteration,conversion, or adjustment to existing buildings,structures,processes,machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building,structure, machinery, or equipment damaged,impaired, broken, or destroyed during the performance ofthe Work,including during transit, installation, and testing at the COUNTY'S site.The policymust name the COUNTY as an additional loss payee and include applicable endorsements. F.Bonds Payment Bond and Performance Bonds will be in place for allJob Orders inan amount equal to the sum of any outstanding Job Orders. CONTRACTOR shall ensure that any subcontractors or other agents used in fulfilling the terms and obligations ofthis Agreement shall have the same level of insurance and indemnification required of CONTRACTOR. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance namingthe Countyof Fresno, its officers,agents, and employees,individually and collectively,as additional insured, but only insofar as the operations under this Agreement are concerned.Such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance, maintained by COUNTY,itsofficers,agents and employees shall be excess onlyand 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 givento COUNTY. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Within Thirty (30)days from the date CONTRACTOR signs and executes thisAgreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as required herein, to the Countyof Fresno, Internal Services Department, Fenix Batista,4590 E.Kings Canyon, Fresno, CA93702, stating that such insurance coverages have been obtained and are in full force;that the CountyofFresno, its officers,agents and employees will not be responsible forany premiums on the policies;that such CommercialGeneral Liability insurance names the CountyofFresno, its officers,agents and employees,individually and collectively,as additional insured, butonlyinsofaras 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, maintainedby COUNTY,its officers,agents and employees, shall be excess onlyand not contributing with insurance provided under CONTRACTOR'S policies herein;and that this insurance shall not be cancelled or changed withouta minimum ofthirty(30)days advance,written notice given to COUNTY. Inthe event CONTRACTORfailsto keep ineffect at alltimes insurance coverage as herein provided,the COUNTYmay, inaddition to other remedies itmay have,suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M.Best,Inc.rating of A FSC VII or better. XIII.AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,and as often as the COUNTY may deem necessary,make available to the COUNTY for examination all of its records and data with respect to the matters covered bythis Agreement.The CONTRACTOR shall, upon request bythe COUNTY,permit the COUNTYto audit and inspect all of such records and data necessary to ensure CONTRACTOR'S compliance with the terms ofthis Agreement. Ifthis Agreement exceeds ten thousand dollars ($10,000.00),CONTRACTOR shall be subject to the examination and audit of the Auditor General for a period of three (3)years after final payment under contract (Government Code Section 8546.7). XIV.NOTICES: 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY CONTRACTOR COUNTY OF FRESNO Durham Construction Company,Inc. Fenix Batista Attn:Chris Durham 4590 E. Kings Canyon 1025 Holland Ave Fresno,CA 93702 Clovis,CA 93612 Any and all notices between the COUNTY and the CONTRACTOR provided for or permitted under this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the parties,or in lieu of such personal services,when deposited in the United States Mail,postage prepaid,addressed to such party. XV.GOVERNING LAW: Venue for any action arising out of or related to, this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. XVI.DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit or non-profit corporation)or ifduring the term of this Agreement,the CONTRACTOR changes its status to operate as a corporation. Members of the CONTRACTOR'S Board of Directors shall disclose any self-dealing transactions that they are a party to while CONTRACTOR is providing goods or performing services under this agreement.A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest.Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit 1)and submitting itto the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. XVII.ENTIRE CONTRACT: 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Agreement constitutes the entire contract between the CONTRACTOR and COUNTY with respect tothe subject matterhereofand supersedes all previous contract negotiations,proposals, commitments,writings,advertisements,publications,and understandings ofany nature whatsoever unless expressly included in this Agreement. 13 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year 2 3 4 5 President 6 7 Treasurer 8 9 10 11 12 13 DATE: Q-;s-;s- Durham Construction Company, Inc. 1025 Holland Ave Clovis, CA 93612 14 Approved As to Legal Form 15 Daniel C. Cederberg, County Counsel 16 17 18 Approved As to Accounting Form Vicki Crow, CPA 19 Auditor-Controller/Treasurer-Tax Collector 20 21 By: 22 23 24 25 26 27 28 Robert W. Bash Director of Internal Services/ Chief Information Officer pro val Deborah A. Poochigian Chairman, Board of Supervisors DATE: '"0'\ u_l.-f \ q I z_o l-;- ATTEST:~~. ~~ ~ Bernice Seidel, Clerk, Board of Supervisors FOR ACCOUNTING USE ONLY: lSD-Facility Services Fund: 1045 Subclass: 1 0000 Dept: 8935 Acct: 7295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as "County"),members ofa contractor's board of directors (hereinafter referred toas "County Contractor"),must disclose any self-dealing transactions that they are a party to while providing goods,performing services, or both forthe County.Aself-dealingtransaction is defined below: "A self-dealing transaction meansa transaction to which the corporation is a party and in which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2)Enter the board member's company/agency name and address. (3)Describe in detailthe nature ofthe self-dealing transaction that is being disclosed to the County. Ata minimum,include a description ofthe following: a. The name of the agency/company with which the corporation has the transaction;and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5)Form must be signed bythe board memberthat is involved in the self-dealing transaction described in Sections (3)and (4). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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: U A "Exhibit "A COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER:912-5334 JOB ORDER CONTRACT VOLUME ONE (1) February 27,2014 ORG/Requisition:8935/1321501094 PURCHASING USE ssj G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACTS 2-5334 JOB ORDER CONTRACT-VOL.01.DOC IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER,CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO,Purchasing 4525 EAST HAMILTON AVENUE,2"d Floor fresno,ca 93702-4599 Closing date of bid will be at 2:00 p.m.on March 27,2015 QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. All quotation information will be availablefor review aftercontractaward. Clarification of specifications is to be directed to: Louann Jones, e-mail CountyPurchasinq@co.fresno.ca.us, phone (559)600-7124,FAX (559)600-7126. GENERAL CONDITIONS:See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S)and Requests for Quotations (RFQ'S)"attached.Check County of Fresno Purchasing's Open Solicitations website at https://www2.co.fresno.ca.us/0440/Bids/BidsHome.aspx for RFQJRFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISHTHE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULEATTHE PRICES AND TERMSSTATED,SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR QUOTATIONS (RFP'S)AND REQUESTS FOR QUOTATIONS (RFQ'S)"ATTACHED. COMPANY ADDRESS CITY ()( ) FACSIMILE NUMBER STATE ZIP CODE TELEPHONE NUMBER E-MAIL ADDRESS SIGNED BY PRINT NAME TITLE PD-010 (1/14) Quotation No.912-5334 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S)AND REQUESTS FOR QUOTATIONS (RFQ'S) Note:the reference to "bids"in the following paragraphs applies to RFP's and RFQ's GENERAL CONDITIONS By submitting a bid the bidder agreestothe following conditions.These conditions will apply to all subsequent purchases basedon this bid. 1. BID PREPARATION: A)All pricesand notations mustbetypedor written in ink.Noerasures permitted.Errors may be crossed out,initialed and corrections printed in ink byperson signing bid. B)Brand Names:Brand names and numbers when given are for reference. C)All bids must be dated and signed with the firm's name andbyan authorized officer or employee. D)Unless otherwise noted,prices shall be firm for one hundred eighty (180)daysafter closing date of bid. 2.SUBMITTING BIDS: A)Each bid must be submitted on forms provided in a sealed envelope/package with bid number and closing dateandtimeonthe outsideofthe envelope/package. B)Interpretation:Should any discrepancies or omissions be found in the bid specifications ordoubtas totheir meaning,the bidder shall notify the Buyer in writing at once.The County shall notbe held responsible for verbal interpretations.Questions regarding the bid mustbe received by Purchasing atleast five (5)working days before bid opening.All addenda issuedshallbe in writing,duly issued by Purchasingand incorporated intothe contract. C)ISSUING AGENT/AUTHORIZED CONTACT:This RFP/RFQ has beenissuedbyCounty of Fresno,Purchasing.Purchasing shall be the vendor's sole point ofcontact with regardtothe RFP/RFQ,its content,and all issues concerning it. All communication regarding this RFP/RFQ shallbe directed toan authorized representative ofCounty Purchasing.Thespecific buyer managing this RFP/RFQ is identified onthecoverpage,along with hisor hertelephone number,and he orshe shouldbe the primary point of contact for discussions or information pertaining to the RFP/RFQ.Contact with anyotherCounty representative,including elected officials,for the purpose of discussing this RFP/RFQ,its content,or any other issue concerning it,is prohibited unless authorized by Purchasing.Violation ofthisclause, bythe vendor having unauthorized contact (verbally orin writing)with suchother County representatives,may constitute grounds for rejection by Purchasingofthe vendor's quotation. The above stated restriction on vendor contact with County representativesshallapplyuntil the County has awardeda purchase orderorcontracttoa vendororvendors,exceptas follows.First,in the event that a vendor initiates a formal protest against the RFP/RFQ,such vendor maycontactthe appropriate individual,or G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACTS 12-5334 JOB ORDER CONTRACT - VOL 01.DOC individuals who are managing that protest as outlined in the County's establishedprotestprocedures.All such contactmustbeinaccordance with thesequenceset forth undertheprotestprocedures.Second,in the eventa public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval ofa purchase orderor contract,any vendormayaddress the Board. D)Bids received afterthe closing time will NOT be considered. E)Bidders are to bid whatis specified or requested first.Public Contract Code Section 7028.15 Wherethe State of California requires a Contractor's license,it is a misdemeanor for any person to submit a bid unless specifically exempted. FAILURE TO BID: A)If not bidding,return bid sheetandstate reason for no bid or your name maybe removed from mailing list. TAXES, CHARGES ANDEXTRAS: A)County ofFresnoissubjectto California sales and/or usetax(8.225%).. B)DO NOT include Federal Excise Tax.County is exempt under Registration No.94-73-03401-K. C)County is exempt from Federal Transportation Tax.Exemption certificate is not required where shipping papers show consignee as County ofFresno. W-9 -REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION &CALIFORNIAFORM 590 WITHHOLDINGEXEMPTION CERTIFICATE: Upon award of bid,the vendor shallsubmit to County Purchasing,a completed IRS Form W-9 -Request for Taxpayer Identification Number and Certification anda California Form 590Withholding Exemption Certificate if notcurrently a County ofFresno approved vendor. AWARDS: A)Award(s)will be made to the most responsive responsible bidder: however,the Fresno County Local Vendor Preference and/or the Disabled Veteran Business Enterprise Preference shalltake precedence when applicable.SaidPreferences apply only toRequestfor Quotations for materials,equipment and/or supplies only (no services);the preferences donot apply toRequestfor Proposals.The County shall be the sole judgein making such determination. B)The County reserves the right to rejectany and all bidsand to waive informalities or irregularities in bids. 1A PD-010 (10/13) Quotation No.912-5334 C)Award Notices are tentative:Acceptance of an offer made in response to this RFP/RFQ shall occur onlyupon executionof an agreement bybothpartiesor issuance ofa valid written Purchase OrderbyFresno County Purchasing. D)After award,all bidsshallbeopento public inspection.The County assumes no responsibility for the confidentiality of information offered in a bid. 7. TIE BIDS: All otherfactors being equal,thecontractshallbeawardedtotheFresno County vendoror,ifneither or both are Fresno County vendors,itmaybe awardedbythe flip ofa coininthe presence ofwitnesses ortheentirebid maybe rejected and re-bid.If the General Requirements ofthe RFQ state thattheyare applicable,the provisions oftheFresnoCounty Local Vendor Preference shalltake priority overthis paragraph. 8.PATENT INDEMNITY: The vendor shall hold the County,its officers,agents and employees, harmless from liability ofanynatureor kind,including costsandexpenses, for infringement oruse ofany copyrighted or uncopyrighted composition, secret process, patented or unpatented invention,articleor appliance furnished or used in connection with this bid. 9.SAMPLES: Samples,when required,mustbe furnished and delivered freeand,ifnot destroyed bytests,will upon written request (within thirty (30)daysof bid closing date)be returned atthe bidder's expense.In theabsence ofsuch notification,Countyshall have the right to dispose of the samples in whatevermanneritdeems appropriate. 10.RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A)In case of default by vendor,the County may procure the articles or service from anothersource and mayrecoverthe cost difference and relatedexpenses occasionedthereby from anyunpaidbalance duethe vendoror by proceeding against performance bondofthe vendor,ifany,orbysuitagainstthe vendor.The prices paid bythe Countyshall be consideredthe prevailing marketpriceat the time such purchase is made. B)Articles or services,which upon delivery inspection do not meet specifications,will be rejected andthevendorwill be considered in default.Vendor shall reimburse County for expenses related to delivery of non-specified goodsorservices. C) Regardlessof F.O.B.point,vendoragrees tobear all risks ofloss, injury or destruction to goods and materialsordered herein which occur prior to delivery and such loss,injury or destruction shallnot release vendor from any obligation hereunder. 11.SPECIAL CONDITIONS I CONDITIONS: I BID SCHEDULE SUPERSEDE GENERAL The"GeneralConditions"provisions ofthis RFP/RFQ shallbesuperseded ifin conflict with any othersection ofthis bid,to the extent ofany such conflict. 12.SPECIAL REQUIREMENT: With the invoice or within twenty-five (25)daysof delivery,thesellermust provide to the Countya Material Safety Data Sheet for each product, which contains any substance on "The List of 800 Hazardous Substances",published bytheState Director of Industrial Relations.(See Hazardous Substances Information and Training Act,California State Labor CodeSections6360 through 6399.7) 13.RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide recycled or recyclable products/materials which meetstated specifications. 14.YEAR COMPLIANCE WARRANTY: Vendor warrants thatany product furnished pursuanttothis Agreement/order shallsupporta four-digit year format and be ableto accurately processdate and time data from,into and between the twentieth and twenty-first centuries, as well as leap year calculations."Product"shall include,without limitation, any piece or component of equipment,hardware,firmware,middleware, customor commercial software,or internal components or subroutines therein. This warranty shall survive termination or expiration ofthis Agreement. In theeventofanydecrease in product functionality or accuracy related to time and/ordate data relatedcodes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31,1999, vendorshallrestoreorrepairthe product tothesame level of functionality as warranted herein,so as to minimize interruption to County's ongoing business process, time being of the essence.In the event that such warranty compliance requires the acquisition of additional programs,theexpensefor any such associated or additional acquisitions,which may be required, including,without limitation,data conversion tools,shallbeborneexclusively by vendor.Nothing in this warranty shall be construed to limit any rights or remediesthe County mayotherwise haveunderthisAgreement with respectto defectsotherthanyear performance. 15.PARTICIPATION: Bidder maynotagree to extendthe termsofthe resulting contract to other political subdivision,municipalities and tax-supported agencies. 16.CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal,State of California and/or local laws and regulations relating to confidentiality,including butnot limited to,California Civil Code, California Welfare and Institutions Code,Health and Safety Code,California Codeof Regulations,CodeofFederal Regulations. Vendor shallsubmitto County's monitoring ofsaid compliance. Vendormaybe a business associate of County,as thattermisdefinedinthe "Privacy Rule"enacted bythe Health InsurancePortability and Accountability Actof1996 (HIPAA).Asa HIPAA Business Associate,vendormayuse or discloseprotectedhealth information ("PHI")to perform functions,activities or servicesfor oron behalf of County as specified bythe County,provided that such use or disclosure shall not violate HIPAA and its implementing regulations.Theuses and disclosures ifPHI maynotbemoreexpansive than those applicable to County,as the "Covered Entity"under HIPAA's Privacy Rule,except as authorized for management,administrative or legal responsibilities ofthe BusinessAssociate. Vendor shallnotuse orfurtherdisclose PHI otherthanas permitted or required bythe County,oras required bylawwithout written noticetothe County. Vendorshall ensure that any agent,including any subcontractor,to which vendorprovides PHI received from,or created or receivedbythe vendoron behalfof County,shallcomplywith the same restrictions and conditions with respect tosuch information. G:\PUBLIC\RFQ\FY 2014-15X912-5334 JOB ORDER CONTRACTS 12-5334 JOB ORDER CONTRACT - VOL01.DOC 1B PD-040 (10/13) Quotation No.912-5334 17.APPEALS: Appeals must be submitted in writing within seven (7)working days after notification of proposed recommendations foraward.A"Notice ofAward" isnotan indication ofCounty's acceptance ofan offer madein responseto this RFP/RFQ.Appeals should be submitted to County of Fresno Purchasing,4525 E.Hamilton Avenue,Fresno,California 937024599. Appeals should address only areas regarding RFP contradictions, procurement errors,quotation rating discrepancies,legality ofprocurement context,conflict of interest,and inappropriate or unfair competitive procurement grievance regarding the RFP/RFQ process. Purchasing will provide a written responsetothe complainant within seven (7)working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to appeal tothe Purchasing Agent/CAO within seven (7)business daysafterPurchasing's notification;exceptif,notified to appeal directly tothe BoardofSupervisorsat the scheduled date and time. If the protesting bidder is not satisfied with Purchasing Agent/CAO's decision,the final appealis with the Board of Supervisors. 18. OBLIGATIONS OF CONTRACTOR: A)CONTRACTOR shall perform as required bythe ensuing contract. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance oftheensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 andotherapplicable laws shallbe employed inthe performance ofthe work hereunder. B)CONTRACTOR shall obey all Federal,State,local and special district laws,ordinances and regulations. 19. AUDITS & RETENTION: The Contractor shall maintain in goodand legible condition all books, documents,papers,data files andotherrecords related toits performance underthis contract.Such recordsshall be complete and available to Fresno County,theStateofCalifornia,thefederal government ortheir duly authorized representatives for the purpose of audit,examination,or copying during the term ofthe contract and for a period ofatleastthree(3) years following the County's final paymentunderthe contractor until conclusion ofany pending matter (e.g.,litigation or audit),whichever is later.Such records must be retained inthe manner described above until all pending mattersare closed. 20. DISCLOSURE -CRIMINAL HISTORY &CIVILACTIONS: Applies to Request for Proposal (RFP);does not apply to Request for Quotation (RFQ)unless specifically stated elsewhere in the RFQ document. In their proposal,the bidder is required to disclose if anyofthe following conditions apply to them,their owners,officers,corporate managers and partners (hereinafter collectively referred toas "Bidder"): •Within the three-year period preceding the proposal,theyhavebeen convicted of,or had a civil judgment rendered against them for: o fraud ora criminal offense in connection with obtaining, attempting to obtain,or performing a public (federal, state, or local)transaction or contract under a public transaction; o violation ofa federal or state antitruststatute; o embezzlement,theft,forgery,bribery,falsification,or destruction of records; or o false statements or receipt ofstolen property Within a three-year period preceding their proposal,they have had a public transaction (federal,state, or local)terminated forcause or default. 21. DATA SECURITY: Individuals and/or agencies thatenter into a contractual relationship with the COUNTY for thepurpose ofproviding services must employ adequate controls and data security measures,both internally and externally to ensureand protect the confidential information and/or data provided to contractor bythe COUNTY,preventing the potential loss,misappropriation or inadvertent access,viewing,use or disclosure of COUNTY data including sensitive or personal client information;abuseofCOUNTY resources;and/or disruption to COUNTY operations. Individuals and/or agencies may not connect to or use COUNTY networks/systems via personally owned mobile,wireless or handheld devices unless authorized by COUNTY for telecommuting purposes and provide a secure connection;uptodate virus protection and mobile devicesmusthave the remote wipe feature enabled.Computers or computer peripherals including mobile storage devices may notbe used (COUNTY or Contractor device)or brought in for use into the COUNTY'S system(s)without prior authorization from COUNTY'S Chief Information Officer and/or designee(s). No storage of COUNTY'S private,confidential or sensitive dataonanyhard- disk drive,portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The COUNTY will immediately be notified of any violations,breaches or potential breachesofsecurityrelatedto COUNTY'S confidential information, data and/or data processing equipment which storesorprocesses COUNTY data,internally or externally. COUNTY shall provide oversight to Contractor's responseto all incidents arising from a possible breach of security related to COUNTY'S confidential client information.Contractor will be responsible to issue any notification to affected individuals as required by law oras deemed necessary by COUNTY initssole discretion.Contractor will be responsible for all costs incurred as a resultof providing the required notification. The County selected The Gordian Group's (Gordian)Job Order Contracting (JOC)Solution (Gordian JOC Solution™)for their JOC program.TheGordian JOC Solution includes Gordian's proprietary eGordian®JOC Applications and Construction Task Catalog®,which shall beusedbythe Contractor to prepare and submit Job Order Proposals,subcontractor lists,and other requirements specified bythe County.The Contractor shall be required to execute Gordian's JOC System License andFeeAgreement,and pay a1%JOC System License Fee to obtain access to the Gordian JOC Solution. 22.PURCHASING LOCATION &HOURS: Fresno County Purchasing is located at 4525 E.Hamilton Avenue (second floor),Fresno,CA 93702.Non-holiday hours ofoperation areMonday through Friday,8:00 A.M.to 12:00 Noon and 1:00 P.M.to5:00P.M.PST;Purchasing is closed daily from 12:00 Noon to 1:00 P.M.The following holiday office closure schedule is observed: G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACT012-5334 JOB ORDER CONTRACT- VOL.01.DOC 1C PD-040(10/13) Quotation No.912-5334 January 1* Third Monday inJanuary Third Monday in February March 31* Last Monday in May July4* First Monday inSeptember November 11* Fourth Thursdayin November Friday following Thanksgiving December 25* NewYear's Day Martin Luther King,Jr.'s Birthday Washington -Lincoln Day Cesar Chavez'Birthday Memorial Day IndependenceDay LaborDay Veteran's Day Thanksgiving Day Christmas *When this date falls on a Saturday,the holiday is observed the preceding Friday.Ifthedate falls ona Sunday,the holiday isobserved the following Monday. G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACTS 12-5334 JOB ORDER CONTRACT - VOL.01.DOC 1D PD-040(10/13) Quotation No.912-5334 DOCUMENT SUBMITTAL In submitting a quotation the vendor is agreeing to all of the terms,conditions,requirements, etc.set forth under this RFQ as stated in both Volume One (1)and Volume Two (2). The vendor shall provide all information requested within Volume One including the completion of all forms etc. The bidder in instructed to return Volume One with all information,signatures,bid guarantee etc.Volume Two,although applicable to the vendor's bid,should not be submitted. February 2DI5 County of FreSHD Page f G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 DISCLOSURE -CRIMINAL HISTORY & CIVIL ACTIONS In their proposal, the bidder is required to disclose ifany ofthe following conditions apply to them, their owners,officers,corporate managers and partners (hereinafter collectively referred to as "Bidder"): • Within the three-year period preceding the proposal,they have been convicted of, or had a civil judgment rendered against them for: o fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public (federal,state,or local)transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement,theft,forgery,bribery,falsification,or destruction of records;or o false statements or receipt of stolen property • Within a three-year period preceding their proposal,they have had a public transaction (federal,state,or local)terminated for cause or default. Disclosure of the above information will not automatically eliminate a Bidder from consideration. The information will be considered as part of the determination of whether to award the contract and any additional information or explanation that a Bidder elects to submit with the disclosed information will be considered.Ifit is later determined that the Bidder failed to disclose required information,any contract awarded to such Bidder may be immediately voided and terminated for material failure to comply with the terms and conditions of the award. Any Bidder who is awarded a contract must sign an appropriate Certification Regarding Debarment,Suspension,and Other Responsibility Matters.Additionally,the Bidder awarded the contract must immediately advise the County in writing if,during the term of the agreement: (1)Bidder becomes suspended,debarred,excluded or ineligible for participation in federal or state funded programs or from receiving federal funds as listed in the excluded parties list system (http://www.epls.gov);or (2)any of the above listed conditions become applicable to Bidder.The Bidder will indemnify,defend and hold the County harmless for any loss or damage resulting from a conviction,debarment,exclusion,ineligibilityor other matter listed in the signed Certification Regarding Debarment,Suspension,and Other Responsibility Matters. February 20I5 County of Fresno Page P-2 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1.By signing and submitting this proposal,the prospective primary participant is providing the certification set out below. 2.The inabilityof a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction.If it is later determined that the prospective primary participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. 4.The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5.The terms covered transaction,debarred,suspended,ineligible,participant,person, primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549.You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. February 20I5 County of FreSHD Page P-3 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 CERTIFICATION (1)The prospective primary participant certifies to the best of its knowledge and belief,that it,its owners,officers,corporate managers and partners: (a) Are not presently debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded by any Federal department or agency; (b)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public (Federal,State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; (c)Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State or local)terminated for cause or default. (2)Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Signature:Date: (Printed Name &Title)(Name of Agency or Company) February 20I5 County of Fresno Page P-4 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 12-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 SELF-DEALING TRANSACTION DISCLOSURE (FINANCIAL) Contractor agrees that when operating as a corporation (a for-profit or non-profit corporation),or ifduringthe term ofthe agreement the Contractor changes its status to operate as a corporation,members ofthe Contractor's Board of Directorsshall disclose any self-dealing transactions that they are a party to whileContractor is providing goods or performing services under the agreement with the County.A self-dealing transaction shall mean a transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest. Members ofthe Board of Directorsshall disclose any self-dealing transactions that they are a party to bycompleting and signing a Fresno County Self-Dealing Transaction Disclosure Formand submitting itto the County prior to commencing with the self-dealing transaction or immediately thereafter. February 20I5 County of FrESHD Page P-5 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 PREVAILING WAGES PREVAILING WAGES:The work to be done on this project will involve the repair,alteration, maintenance,installation,rehabilitation,demolition,construction or reconstruction of public buildings,streets,utilities,and/or other public works.In accordance with Labor Code section 1770,et seq.,the Director of the Department of Industrial Relations of the State of California has determined the general prevailing wages rates and employer payments for health and welfare pension,vacation,travel time and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093,and similar purposes applicable to this public work project. The prevailing wage rates for all hours worked,including holiday and overtime rates,on this project are on file with the Purchasing Department,4525 E.Hamilton Avenue,Fresno,California 93702,and are herein incorporated by this reference.Information pertaining to applicable Prevailing Wage Rates may be found on the website for the State of California -Department of Industrial Relations:http://www.dir.ca.gov/oprl/PWD/index.htm.Information pertaining to applicable prevailing wage rates for apprentices may be found on the website for the State of California -Department of Industrial Relations: http://www.dir.ca.qov/oprl/pwappwage/PWAppWaqeStart.asp It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not less than the prevailing wage rates,including overtime and holiday rates,to all workers,laborers,or mechanics employed on this public work project,including those workers employed as apprentices.Further,Contractor and each subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of apprentices.A copy of the above-mentioned prevailing wage rates shall be posted by the Contractor at the job site where it will be available to any interested party. Contractor shall comply with Labor Code section 1775 and forfeit as a penalty to County Two Hundred Dollars ($200.00)for each calendar day or portion thereof,for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work done under this project by Contractor or by any subcontractor under Contractor in violation of Labor Code section 1770,et seq.In addition to the penalty,the difference between the prevailing wage rates and amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. Contractor and each subcontractor shall keep an accurate record showing the names,address, social security number,work classification,straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman,apprentice,worker,or other employee employed by him or her in connection with this public work project.In accordance with Labor Code section 1776,each payroll record shall be certified and verified by a written declaration under penalty of perjury stating that the information within the payroll record is true and correct and that the Contractor or subcontractor complied with the requirements of Labor Code sections 1771,1811 and 1815 for any work performed by its employees on this public work project.These records shall be open at all reasonable hours to inspection by the County, its officers and agents,and to the representatives of the State of California -Department of Industrial Relations,including but not limited to the Division of Labor Standards Enforcement. February 2DI5 County of Fresno Page P-6 G:\Public\RFQ\FY 2014-15X912-5334 Job Order Contracts 12-5334 Job Order Contract - Vol. 01 doc Quotation No.912-5334 APPRENTICES A.Pursuant to Sections 1770-1780 of the Labor Code of the State of California,the Director of the Department of Industrial Relations has determined the general prevailing rate of wages inthe localityfor each craft or type of worker needed to execute the work. Said wage rates pursuant to Section 1773.2 ofthe 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 intraining under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing at Section 3070),Division 3, of the Labor Code,are eligible to be employed on public works.The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he/she is training. D.Fresno County is committed to increasing the availability of employment and training opportunities,with particular attention to the plight of those who are most economically disadvantaged.In an effort to advance that purpose,the County will require that,for certain specified projects,as identified by the County in the Request for Proposal submitted by the County for that particular Job Order,the Contractor and each subcontractor employed thereon shall use their best efforts to ensure that thirty-three percent (33%)of apprentice hours,as determined by California Labor Code Section 1777.5 for each contractor and subcontractor of any tier on this Project,are performed by qualified participants in state approved apprenticeship programs who also are current or former "Welfare-to-Work" participants in the CalWORKs program. Provided,that this Paragraph D shall not apply to any projects that are federally funded in whole or in part,or to any projects that fall within the definition of "maintenance work"as that term is defined in California Public Contract Code §22002(d);and each project to which this Paragraph D is applicable shall be identified by the County in the Request for Proposal submitted by the County for that particular Job Order.Provided further,that nothing contained in this Paragraph D shall be interpreted to relieve or in any way diminish the obligation of the Contractor and each subcontractor to comply fully with all applicable apprenticeship laws in accordance with the California Labor Code and the California Code of Regulations;and accordingly such requirements as are contractually imposed by this Paragraph D shall be in addition to such legally mandated requirements,and applicable only to the extent fully consistent therewith. February 2DI5 Coonty of Fresno Page P-7 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 Vendor must complete and return with Request for Quotation Firm: REFERENCE LIST Provide a list of at least five (5)customers for whom you have recently provided similar services.Be sure to include all requested information. Reference Name: Address: City: Phone No.: ( Service Provided: Reference Name: Address: City: Phone No.: Service Provided: Reference Name: Address: City: Phone No.: Service Provided: Reference Name: Address: City: Phone No.: Service Provided: Reference Name: Address: City: Phone No.: Service Provided: Contact: State: Date: Contact: State: Date: Contact: State: Date: Contact: State: Date: Contact: State: Date: February 2DI5 County of Fresno G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 12-5334 Job Order Contract - Vol.01.doc Zip: Zip: Zip: Zip: Zip: PageP-l Quotation No.912-5334 BIDDERS'REQUIRED DOCUMENTS Because of numerous technical irregularities resulting in rejected bids for recent projects,the following checklist is offered for the bidders'information and use in preparing the bid.This checklist is notto be considered as partofthe contract documents.Bidders are cautioned that deleting ornotsubmitting a form supplied in the bid documents (even if the form does not require signature)may result in an irregular bid. Complete and submit the following with your bid: COVER PAGE OF RFQ #912-5334 VOLUME I DISCLOSURE - CRIMINAL HISTORY & CIVIL ACTIONS CERTIFICATION REFERENCE LIST BID SHEET Bidder nameoneach sheet.Number for each Adjustment Factor Make no additions suchas "plus tax","plus freight",or conditions suchas "less 2%if paid by 15th".Use black ink or typewriter.Acknowledge addenda. SUBCONTRACTOR LIST Bidders arenot required to submit a list of subcontractors with their bids as the General Requirements Contract isan indefinite quantity contract and therefore the work isnotdefined prior to award.However,if the Contract is awarded,the successful bidder will be required to submit a list of all subcontractors with all Proposals for individual Job Orders. SIGNATURE PAGE - READ THE NOTICES AND NOTES Indicate typeof bid security provided. Provide contract license information. State business name and if business is a: Corporation -list officers Partnership - listpartners Joint Venture -list members;if members are corporations or partnerships,list their officers or partners. Individual - listOwner's name and firm name style Signature of Bidder - Bid Must Be Signed! Corporation - byan officer Partnership- bya partner Joint Venture - bya member Individual-by the Owner If signature is by a Branch Manager,Estimator,Agent,etc.,the bid must be accompanied by a power of attorney authorizing the individual to sign bids,otherwise the bid may be rejected. February 20I5 County of Fresno PageP-9 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract -Vol.01.doc Quotation No.912-5334 Business Address -Firm's Street Address Mailing Address -P.O.Box or Street Address BID SECURITY (BID GUARANTEE) Twenty Five Thousand Dollars ($25,000.00).Submit with your bid. Type of Bid Security: Cashier'sor Certified Checks-Will be held until the bid isno longer under consideration.If submitted bya potential awardee,they will be returned whenthe contractbondsare 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 toexecutebonds.An unsigned bid bond will because for rejection. NON COLLUSION AFFIDAVIT Must be completed,signed,and returned with bid. GUARANTY OF WORK Optional for bidder to complete and return with bid. OTHER If you remove the bid from the specifications booklet,please staplethe pages together. Make sure your bid envelopeissealed and showsthe project name. If you mail your bid,allow time for postal delay.Bids received after theset time (as defined onthe RFQ front cover page)will be returned unopened.Besurethe statement "Do Not Open Until Time of Bid Opening"ison the envelope. If you have any questions,please contact Louann M.Jones,Purchasing Division,(559)600-7118. February 2DI5 County of Fresno PageF G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Bid Items: BID SHEET Quotation No.912-5334 BIDDING DOCUMENTS BIDDER: SOLICITATION NO.:912-5334 PROJECT:Job Order Contract The bidder,declares that the only persons,or parties interested in this bid as principals are those named herein;that this bid is made without collusion with any other person,firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract,and the Bid Documents therein referred to; and he proposes and agrees ifthis bid is accepted,that he will contract with the County of Fresno to provide all necessary machinery,tools,apparatus and other means of construction,and to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed, and according to the requirements ofthe Owner as therein set forth, and that he will take in full payment therefore the following Adjustment Factors,to-wit: This Work is to be performed in accordance with the Bidding Documents including the Bidding Information,Contract forms,General and Supplemental Conditions,and Addenda Numbers ,,and I.Adjustment Factors.The Contractor bids four Adjustment Factors that will be applied against the Unit Prices set forth in the Construction Task Catalog®.These Adjustment Factors will be used to price out lump sum fixed price Job Orders by multiplying the Adjustment Factor by the Unit Prices and quantities. II.Base Period (12 months from Notice of contract award or expenditure of the $2,000,000 maximum value of the contract,whichever occurs first) Item 1- Unitwork requirements to be performed during Normal Working Hours for non federal^funded Projects as ordered bythe County in individual Job Orders against the contract. 1. Utilize four decimal places Bid for Normal Working Hours - in words Item 2- Unitwork requirements to be performed during Other Than Normal Working Hours for non-federally funded Projects as ordered by the COUNTYin individual Job Orders against the contract.(Note:Item 2 may not be lower than Item 1.) Utilize four decimal places Bid for Other Than Normal Working Hours - in words February 2DI5 County of FreSHO G:\Public\RFQ\FY 2014-15X912-5334 Job Order Contracts 2-5334 Job Order Contract -Vol.01.doc BID SHEET Quotation No.912-5334 BIDDING DOCUMENTS Item3-Unit workrequirements to be performed during Normal Working Hours for federallyfunded Projects as ordered bythe County in individual Job Orders against the contract.(Note:Item 3 may not be lower than Item 1.) 3. Utilizefour decimal places Bid for Normal Working Hours - in words Item 4-Unit work requirements to be performed during OtherThan Normal Working Hours for federally funded Projects as ordered by the COUNTY in individual Job Orders against the contract.(Note:Item 4 may not be lower than Item 1) Utilize four decimal places Bidfor Other Than Normal Working Hours - inwords Award criteria:The award will be based on Adjustment Factors evaluated as follows: 65% of Normal Working Hours Factor for non-federally funded Projects (Line 1 Below)added to 20% of Other Than Normal Working Hours Factor for non-federallyfunded Projects (Line2 Below) added to 10%of Normal Working Hours Factor forfederally funded Projects (Line3 Below) added to 5% of Other Than Normal Working Hours Factor forfederally funded Projects (Line4 Below). Award Criteria Formula: A Adjustment Factor from Above 2. Line 1 3. Line 2 4. Line 3 Line 4 B Adjustment Factor Multiplier for Evaluation .65 .20 .10 .05 Award Criteria Figure: Percentage of Adjustment Factor to be used in Evaluation (carry to 4 decimal places) February 20I5 County of FresnD Page P-I2 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc BIDDER TD COMPLETE Quotation No.912-5020 BIDDING DOCUMENTS Notes to Bidder: 1.Specifylines 1 through 5 to four(4)decimal places. Use conventional rounding methodology (i.e., if the number in the 5th decimal place is 0-4,the number in the 4th decimal remains unchanged;ifthe number inthe 5th decimal place is 5-9, the number in the 4th decimal is rounded upward). 2. The weighted multipliers above are forthe purpose ofcalculating an AwardCriteria Figure only. No assurances are made by the Owner that Work will be ordered under the Contract ina distribution consistent with the weighted percentages above. The Award CriteriaFigure is onlyused forthe purpose ofdetermining the Bid. 3. When submitting Job Order Price Proposals related to specific Job Orders,the Bidder shall utilize one or more ofthe AdjustmentFactors applicableto the Work being performed. February 2DI5 County of Fresno Page P-I3 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334Job Order Contract -Vol.01.doc SIGNATURE PAGE Quotation No.912-5334 BIDDING DOCUMENTS BIDDER: In case of a discrepancy between words and figures,the words shall prevail. If this bidshall 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 ofthe contract, the Awarding Authority, at its option, may determine that the bidder has abandoned the contract,and thereupon this bid and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this bid shall operate and the same shall be the property of the Owner. PROJECT:Job Order Contract SOLICITATION NO.:912-5334 Accompanying this bid is security (check one only) in amount equal to Twenty Five Thousand Dollars ($25,000,000): Bid Bond ( );Certified Check ( ); Cashier's Check ( ) The names of all persons interested in the foregoing bid as principals are as follows: IMPORTANT NOTICE:Ifbidder or other interested person is a corporation,state legal name of corporation,also names of the president,secretary,treasurer and manager thereof;ifa co partnership,state true name of firm,also names of all individual co-partners composing firm; if bidder or other interested person is an individual,state first and last name in full. FIRM NAME: Licensed in accordance with an act providing for the registration of Contractors, Class License No.Expires (Furnishing Contractor License information as part of this bid is optional and is requested to facilitate verification of licensure) Signature of Bidder Dated February 2DI5 County of Fresno Page P-I4 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 12-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 BIDDING DOCUMENTS NOTE:If bidder is a corporation,the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation;if bidder is a co-partnership,the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership;and if bidder is an individual, his signature shall be placed above.If signature is by an agent,other than an officer of a corporation or a member of a partnership,a Power of Attorney must be on file with the Owner prior to opening bids or submitted with the bid; otherwise,the bid will be disregarded as irregular and unauthorized. Business Address:ZipCode: Mailing Address: City:State:Zip: Phone No.:( )Fax No.:( ) February 2015 County of Fresno Page P-15 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 Purchasing Department,County of Fresno: NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID * (Printed or Typed Name) being first duly sworn,deposes and says that he or she is (Owner,Partner,Corporate Officer (list title),Co-Venturer) of (Bidding Entity) the party makingthe foregoing bidthat the bidis not made inthe interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put ina false or sham bid, and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price ofthe bidder or any other bidder, or to fixany overhead,profit,or cost element of the bid price, or ofthat of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and,further,that the bidder has not, directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto,or paid, and will not pay, any fee to any corporation,partnership,company association, thereto,or paid, and will not pay, any fee to any corporation,partnership,company association, organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. (Signature)(Dated) (Title 23 United States Code Section 112) (Calif Public Contract Code Section 7106;Stats.1988,c.1548,Section 1.) *NOTE:Completing, signing, and returning the Noncollusion Affidavit is a required part of the Bid.Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. February 20I5 County of Fresno PageP-IB G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Quotation No.9I2-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS. The orproposed subcontractor, hereby certifiesthat he/she has/has not participated ina previous contract or subcontract subjectto the equal opportunity clause, as required by Executive Orders 10925,11114,or 11246,and that he <has or has not>filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,orthe former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. (Company) By: (Title) Date: NOTE:Theabove certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1),and must be submitted by bidders and proposed subcontractors only in connection with contractsand subcontracts which are subjecttothe equal opportunity clause. Contractsand subcontracts which are exempt from the equal opportunity clause are set forth in41 CFR 60-1.5.(Generallyonlycontracts or subcontracts of $10,000 or under are exempt.) Currently,Standard Form 100 (EEO-1)isthe only report required bythe Executive Ordersor their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contractor subcontract subjecttothe Executive Ordersand have not filed the required reports should note that 41 CFR 60-1.7(b)(1)prevents the award of contracts and subcontracts unless such contractor submitsa report covering the delinquent period orsuch other period specified by the Director,Office of Federal Contract Compliance,U.S. Department of Labor. February 20I5 County of Fresno Page P-17 G:\Public\RFQ\FY 2014-15\912-5334 Job OrderContract\912-5334 Job OrderContract-Vol.01.doc Quotation No.912-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 NOTE:The bidder shall check Box A or Box B. If the bidder does not check a box it will be deemed that he has checked Box A. The bidder certifies that: A. ( )I do not intend to subcontract any work on this project. B. ( )I do intend to subcontract portions ofthe work on this project. In accordance withthe provisions of Section,"Participation by Minority Business Enterprises in Subcontracting,"in the Special Provisions,I have taken affirmative action to seek out and consider minority business enterprises for the portions of the work which are intended to be subcontracted and that such affirmative actions are fully documented in my records and are available upon request.In addition,I will take such affirmative action on any future subcontracting for the life of this contract. The above certification is required by Executive Order 11625. (Bidder) By: Date: (Title) February 2DI5 County of Fresno Page P-IB G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 TITLE 49,CODE OF FEDERAL REGULATIONS,PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The under penalty of perjury,certifies that,except as noted below,he/she or any person associated therewith inthe capacity of owner,partner,director, officer,manager: is not currently under suspension,debarment,voluntary exclusion,or determination of ineligibility by any federal agency; has not been suspended,debarred,voluntarily excluded or determined ineligible byany federal agency within the past 3 years;does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against itby a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. Ifthere are any exceptions to this certification,insert the exceptions inthe following space: ( ) No Exceptions Exceptions will not necessarily result indenial of award, but will be considered indetermining bidder responsibility.For any exception noted above,indicate below to whom it applies, initiating agency,and dates of action: Note:Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Bid. Signing the Bid on the signature portion thereof shall also constitute signature of this Certification. By my signature on this bid,I certify,under penalty of perjury under the laws of the State of California and the United States of America,that the Title 23 United States Code,Section 112 Non-Collusion Affidavit and the Title 49 Code of Federal Regulations,Part 29 Debarment and Suspension Certification are true and correct. (Bidder) By: Date: (Title) February 20I5 County of Fresno Page P-I9 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 PROJECT:Job Order Contract SOLICITATION NO.:912-5334 (This guaranty shall be executed by the successful bidder in accordance with instructions in the Special Provisions.The bidder mayexecute the guarantyonthis page at the time of submitting his bid.) GUARANTY To the Owner:County of Fresno The undersigned guarantees the construction and installation ofthe following work included in this project: ALL WORK Shouldany ofthe materials or equipment prove defectiveor should the workas a whole prove defective,due to faulty workmanship,material furnished or methods of installation,or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications,due to any ofthe above causes,all withintwelve (12)months after NoticeofCompletion has been filed on a specific Job Order on whichthis contract is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand,for its expenses incurred inrestoring said workto the condition contemplated insaid project,including the cost ofany such equipment or materials replaced and the cost of removingand replacing any other work necessary to make such replacement or repairs,or, upon demand by the Owner, to replace any such material and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated. The Owner shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned.In the event the Owner elects to have said work performed by the undersigned,the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Owner.If the undersigned shall fail or refuse to comply with his obligations under this guaranty,the Owner shall be entitled to all costs and expenses,including attorneys'fees,reasonably incurred by reason of the said failure or refusal. Date:Contractor February 20I5 County of Fresno PageP-20 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER:912-5334 JOB ORDER CONTRACT VOLUME TWO (2) February 27,2015 ORG/Requisition:8935/1321501094 purchasing USE G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER C0NTRACTO12- ssj 5334 JOB ORDER CONTRACT -VOL.02.DOC IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER,CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO,Purchasing 4525 EAST HAMILTON AVENUE,2nd Floor FRESNO,CA 93702-4599 Closing date of bid will be at 2:00 p.m.,on March 27,2015 QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. All quotation information will be availablefor review aftercontractaward. Clarifications of specifications are to be directed to:Louann M.Jones,e-mail ljones@co.fresno.ca.us,phone (559)600-7118. DO NOT RETURN THIS VOLUME WITH VOLUME ONE (1) Quotation No.912-5334 INSTRUCTIONS TD BIDDERS NOTICE TD CONTRACTORS Sealed bids will be received atthe Fresno County Purchasing Division.4525 East Hamilton,Second Floor,Purchasing Lobby,Fresno,CA.937D2 until 2:00 P.M.,(1400 hours and 00 seconds) March 27,2015 Promptly following the closing of the bidding all timely submitted bids will be publicly opened and read at the Department in said building,for construction in accordance with the specifications therefore,to which special reference is made as follows: OF WORK:This Notice Inviting Bids is for a Job Order Contract,a competitively bid.firm,fixed priced,indefinite quantity contract.The scope of work includes a collection of detailed repair and construction tasks and specifications that have pre-established Onit Prices listed in a Construction Task Catalog!(CTC)that was developed for the County of Fresno,and are for the direct cost of construction.The CTC is based on current prices in Fresno for experienced prevailing wage labor,high quality materials and equipment.The CTC pricing also incorporates local activity, climate and geographic factors.All work under this Contract will be performed for the County of Fresno at different locations throughout the County. The work will involve the repair,alteration,modernization,maintenance,rehabilitation,reconstruction,or construction of public buildings,streets, utilities,and other public works.Under this Contract,the Contractor furnishes all management,documentation and incidental drawings (as required), labor,materials and equipment needed to perform the work. The County intends to award one contract to the Lowest Responsible Bidder for each contract listed.Aseparate bid package is required by each contractor wishing to bid each contract.If the lowest bidder for one package submits a bid package for another contract,that package will be opened, but considered not eligible unless remaining bid packages are deemed non-responsive,and all remaining bid packages will be opened.The Lowest Responsible Bidder will be awarded the next contract. RE FOR ORDERING WORK:If awarded,each Job Order Contract guarantees the Contractor the opportunity to perform a minimum value of total work worth $25,000 up to a maximum potential value of total work worth $2,000,000.The term of each Contract is 12 months or the expenditure of the $2,000,000 maximum value of the Contract,whichever occurs first.The Maximum Contract Value may be increased by up to the sum authorized by Public Contract Code Section 2DI28.5 (currently approximately $4,500,000).Any increase in the Maximum Contract Value will be by bi-lateral agreement.After contract award,as the need for specific work arises,the County will issue the Contractor a Job Order specific Request for Proposal. The Contractor shall then submit a Job Order Proposal for a Detailed Scope of Work to the County.Upon receipt of the Contractor's Job Order Proposal,the County will evaluate the Job Order Proposal against the Contract and the County's estimate of costs for the Detailed Scope of Work.If the Contractor's Job Order Proposal is deemed acceptable,the Project Manager may issue a Job Order at the agreed upon Job Order Price.The Job Order Price is calculated by selecting applicable pre-priced construction tasks from the CTC Construction Task Catalogl and multiplying the Unit Prices for those tasks by the appropriate quantities and Adjustment Factors.The sum of all selected pre-priced tasks will establish a lump sum firm fixed price for the Job Order.The Job Order Contract also includes a provision for work tasks not included in the Construction Task Catalogl at the time of the Contract award.These tasks are referred to as "Non-Prepriced Tasks".Non-Prepriced (NPP)Tasks may require the establishment of specifications and drawings and may subsequently be incorporated into the Construction Task Catalogl. The County selected The Gordian Group's (Gordian)Job Order Contracting (JDC)Solution (Gordian JOC Solution™)for their JOC program.The Gordian JOC Solution includes Gordian's proprietary eGordian8 JDC Applications and Construction Task Catalog8 which shall be used by the Contractor to prepare and submit Job Order Proposals,subcontractor lists,and other requirements specified by the Owner.The Contractor shall be required to execute Gordian's JDC System License and Fee Agreement,and pay a 1%JDC System License Fee to obtain access to the Gordian JDC Solution. Inquiries regarding this contract should be directed to Louann Jones,Purchasing Division,(559)600-7118.Oral explanations or interpretations of Bid Documents are not binding.Any explanation,interpretation or clarification of Bid Documents will be in the form of a written addendum to the Bid Documents issuedtothe holdersofrecord ofsuch documents. February 2015 County of Fresno PageO-0 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS Bids shall be submitted in a sealed opaque envelope addressed to the Division and labeled with the name of the bidder,the name of the project,the solicitation number,and the statement "On Not Open Until The Time Of Bid Opening."The determination for award shall be based upon the two (2) lowest responsive,responsible bidders. PRE-BIO CONFERENCE:Prospective bidders must attend the mandatory pre-bid conference.Due to the relative complexity of this type of procurement,a detailed orientation on the Job Order Contracting System will be provided as well as a discussion on JOC from the Contractor's viewpoint atthe pre-bid conference.The pre-bid conference will be held at March II,2015 at 10:00 ajn.The conference will be held in the Elections Training Room at4525 E.Hamilton Avenue,Fresno,Ca.93702. Bidding Documents applying to this contract may be obtained at the Pre-Bid Conference.There is no charge for the Documents.The Bid Documents will consist of two written volumes and a compact disk.The first volume contains the actual bid forms that must be completed and returned.Volume Two will consist of the Notice Inviting Bid,Instructions to Bidders,General Conditions,Supplemental General Conditions,Hostage Policy and a sample agreement.The compact disk contains the Construction Task Catalogs and the Technical Specifications.The compact disk is in Adobe Acrobat format and contains that program if the bidder requires it.Bid security in the amount of twenty five thousand dollars ($25,0D0),and in the form of a bid bond issued by an admitted surety insurer licensed by the California Department of Insurance,cash,cashier's check or certified check shall accompany the bid.Bid security shall be made in favor of the County of Fresno. No contract will be awarded to a contractor who has not been licensed in accordance with the provisions of the Contractors State License Law, California Business and Professions Code,Division 5,Chapter 9,as amended,or whose bid is not on the Bid Form included in the solicitation.Avalid California Contractor's License,Class "B",is required forthis project. Some of the Work to be done under this Job Order Contract may be done utilizing federal funds.If federal funds are to be used the following terms will be enforced:"The County of Fresno hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement,Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,color,religious creed,sex,or national origin in consideration for an award," Some of the Work to be done under this Job Order Contract may be done utilizing Community Development Block Grant (CDBG)funds.If (COBG)funds are to be used the following terms will be enforced:"The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development,Community Development Block Grant Program,and subject to the requirements of Section 3 of the Housing and Urban Development Act of I9G8,as amended,12 USC 17010." "Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and the contracts for work in connection with the project be awarded to eligible business concerns which are located in.or owned in substantial part by persons residing in the area of the project.Regulations for implementing the Section 3 clause are contained in 24 CFR 135,as amended and as specified in the project specifications." The County has,when it determines the necessity,established the following goal for Disadvantaged Business Enterprise (DBE)participation for projects using federal funds: Disadvantaged Business Enterprise (DBE):14.9 percent.This goal applies to only Federally Funded projects. In accordance with the provisions of Section 1770 of the Labor Code,the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare,pension,vacation,travel time,and subsistence pay as provided for in Section 1773.8,apprenticeship or other training programs authorized by Section 3D93,and similar purposes applicable to the work to be done.Said wage determinations are on file with the Clerk of the Board of Supervisors and are incorporated herein by reference.Said wages are available only at the Department of Public Works,Design Division,Design Services Section. February 2015 County of Fresno Page 0- Quotation No.912-5334 INSTRUCTIONS TO BIDDERS For Federally funded projects,the minimum wage rates,as predetermined by the Federal Secretary of Labor,are available at request.If there is a difference between the minimum wage rates predetermined by the Federal Secretary of Labor and the Prevailing Wage Rates predetermined by the Director of the Department of Industrial Relations of the State of California for similar classifications of labor,the contractor and his subcontractors shall pay not less than the higher wage rate. The County hereby specifies that portions of the work may only be performed outside the regular working hours as defined in the applicable collective bargaining agreement filed with the Director of Industrial Relations in accordance with Labor Code Section 1773.1,and that the overtime requirements for Saturdays,and holidays are hereby waived for these portions of the work,as more particularly described in the Bid Documents.However,this exemption shall not negate the overtime provisions specified in Labor Code Section 1815. BID PRICE SUBMITTAL:Each bidder must submit four price Adjustment Factors,which shall apply to all the work tasks listed in the CTC.The first Adjustment Factor will be applied to that work during Normal Working Hours for non-federally funded projects.The second Adjustment Factor will be applied to that work Other than Normal Working Hours for non-federally funded projects.The third Adjustment Factor will be applied to that work during Normal Working Hours for federally funded projects.The fourth Adjustment Factor will be applied to that work Other than Normal Working Hours for federally funded projects.The Adjustment Factors must be specified to the fourth decimal place and shall be "net",(e.g.,I.DDOD)or an adjustment "decrease from"(e.g...95DD)or "increase to"(e.g.,I.20DD)the Unit Prices listed in the CTC.Bidders who submit separate Adjustment Factors for separate Unit Prices will be considered non-responsive and their bid will be rejected. The bids will be evaluated by adding 65%of the first Adjustment Factor to 20%of the second Adjustment Factor added to 10%of the third Adjustment Factor added to 5%of the fourth Adjustment Factor.The amount of work to be done in Other than Normal Working Hours may vary considerably. SUBCONTRACT LIMITATIONS:In accordance with California Public Contract Code section 4ID4,the Contractor shall list in each Job Order Proposal,on forms provided by the Owner,the name,business location,and value of work of each subcontractor who will perform work or labor or render service, orany subcontractor licensed by the State of California who,under subcontract to the contractor,specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications,in an amount in excess of one half of I percent of the proposed price for each Job Order, BIDDER'S GUARANTEE:The bidders shall guarantee the bids for a period of GD calendar days from the date of the bid opening.The Owner reserves the right to waive minor irregularities and to reject any and all bids. The successful bidder shall furnish a faithful performance bond in the amount of I0D percent of the Maximum Contract Value and a payment bond in the amount of I0D percent of the Maximum Contract Value.Each bond specified in this Notice (bid bond,faithful performance bond and payment bond)shall meet the requirements of all applicable statues,including but not limited tothose specified in Public Contract Code section 2DI29 and Civil Code section 3248. Each bond specified in this Notice shall be issued by a surety company designated an admitted surety insurer in good standing with and authorized to transact business in this state by the California Department of Insurance,and acceptable to the County of Fresno.Bidders are cautioned that representations made by surety companies will be verified with the California Department of Insurance.Additionally,the County of Fresno,in its discretion,when determining the sufficiency of a proposed surety company,may require the surety company to provide additional information supported by documentation.The County generally requires such information and documentation whenever the proposed surety company has either a Best's Key Rating Guide of less than B+and a financial size designation of less than VIII.Provided,however,that the County expressly reserves its right to require all information and documentation to which the County is legally entitled from any proposed surety company. Pursuant to Public Contract Code Section 223D0,substitution of securities for any moneys withheld by the County of Fresno to ensure performance under the contract shall be permitted. February 2DI5 County of Fresno Page 0-2 <£jZ&y Quotation No.912-5334 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS SECTION PAGE 1.01 EXPLANATION TO BIDDERS |-| 1.02 EXAMINATION OF BID DOCUMENTS,SPECIAL PROVISIONS AND SITE DF WORK 1-1 1.03 BID GUARANTEE |-| 1.04 PREPARATION OF BIDS |-| 1.05 SUBCONTRACTORS |-| I.D6 SUBMISSION OF BID |-| 1.07 IRREGULAR BIDS 1-2 1.08 DISQUALIFICATION OF BIDDERS 1-2 1.09 WITHDRAWAL OR REVISION DF BIDS 1-2 1.10 PUBLIC OPENING OF BIDS 1-2 Ml RELIEF OF BIDDER 1-2 1.12 AWARD OF CONTRACT 1-2 1.13 CANCELLATION OF AWARD 1-3 1.14 CONTRACT BONDS 1-3 1.15 POST-BID/PRE-AWARD INFORMATION 1-3 February 2015 County of Fresno Page l-i Quotation No.912-5334 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1.01 EXPLANATION TD BIDDERS An explanation desired by bidders regarding the meaning or interpretation of the Bid Documents must be requested in writing and within 10 days prior to bid opening to allow sufficient time for a reply to reach them before the submission of their bids. Oral explanations given before the award of the contract will not be binding.Any interpretation made will be in the form of an addendum to the Bid Documents,said addendum will only be issued by Purchasing.Acopy of the addendum will be furnished to each plan holder and its receipt shall be acknowledged on the Bid form. 1.02 EXAMINATION DF BID DOCUMENTS,SPECIAL PROVISIONS AND SITE DF WORK The bidder is required to examine carefully the proposal,Bid Documents.Construction Task Catalogl.Technical Specifications,special provisions and contract forms for submitting a Bid.It is mutually agreed that the submission of a Bid shall be considered prima facie evidence that the bidder has made such examination and is satisfied with the conditions to be encountered in performing the work and as to the requirements of the Bid Documents. I.D3 BID GUARANTEE The bidder shall furnish a proposal guarantee consisting of a bid bond,cash,certified check,or cashier's check for twenty five thousand dollars ($25,000). In case security is in the form of a certified check or cashier's check,the Owner may make such disposition of same as will accomplish the purpose of which submitted.Checks deposited by unsuccessful bidders will be returned as soon as practicable after the bid opening. 1.04 PREPARATION DF BIDS The bidder shall prepare his Bid on the blank Bid form furnished by the County.The bidder shall specify four Adjustment Factors to the Unit Prices in the Construction Task Catalog!in both words and figures. All words and figures shall be in ink.In case of a discrepancy between the Adjustment Factors written in words and those written in figures,the written words shall govern. Alternate or conditional bids will not be accepted. The bids shall be signed in ink by the individual,by two or more partners of the partnership,or by two or more of the officers of the corporation submitting it.If the bid is made by an individual,his name and post office address must be shown.If made by a partnership,the name of each member of the partnership must be shown.If made by a corporation,the bid must show the name of the state under which the corporation was chartered and the name of the president,vice president,secretary and treasurer. The required bid guaranty must accompany the bid. I.D5 SUBCONTRACTORS The Contractor isnotto name Subcontractors at time of bid.In accordance with California Public Contract Code section 4ID4,the Contractor shall list in each Job Order Proposal,on forms provided by the Owner,the name,business location,and value of work of each subcontractor who will perform work or labor or render service,or any subcontractor licensed by the State of California who,under subcontract to the contractor,specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Contract Documents,in an amount in excess of one half of I percent ofthe proposed price for each Job Drder. The attention of bidders is directed to the provisions of Public Contract Code Section 4IDD et.seq.which set forth the consequences and possible penalties which may result from a failure to comply strictly with the foregoing requirements for listing of subcontractors. The attention ofbiddersis alsodirectedto Section l-I.IB,Post-Bid/Pre-Award Information,ofthese Instructions to Bidders. I.D6 SUBMISSION DF BID Each bid shall be submitted in a sealed envelope labeled to clearly indicate the project and contents. February 2015 County of Fresno Page .07 IRREG ds shall be considered irregular and may be rejected for the following reasons: If the Bid forms furnished by the Owner are not used orare altered. ,If there are unauthorized additions,conditional or alternate Bids or irregularities of any kind which tend to make the Bid incomplete or indefinite. If the bidder adds any provision reserving the right to accept or reject an award,or to enter into a contract pursuant to an award. If the bid fails to contain an Adjustment Factor for each item, 1.08 DISQUALIFICATION OF BIDDERS Any one or more of the following causes may be considered as sufficient for disqualification of a bidder and rejection of his bid or bids: a.More than one bid for the same work from an individual,partnership or corporation. b Quotation No.912-5334 INSTRUCTIONS TO BIDDERS When sent by mail,a sealed Bid must be addressed to the Fresno County Purchasing Division,4525 East Hamilton Avenue,Fresno,CA 93702.All Bids shall be filed prior to the time and at the place specified in the NOTICE TO CONTRACTORS.Bids received after the time for opening of the bids will be returned to the bidder unopened. Evidence of collusion among bidders.Participants in such collusion will receive no recognition as bidders for any future work of the Owner until such participant shall have been reinstated asa qualified bidder. Lack of competency and adequate machinery,plant or other equipment,as may be revealed by Pre-Award Survey. For unsatisfactory performance record as shown by past work for the Owner,judged from the standpoint of workmanship and progress. Prior commitments Dr obligations which in the judgment of the Owner might hinder or prevent the prompt completion of the work. Failure to pay.or satisfactorily settle,all bills due for labor or materials on former contracts in force at the time of letting the bid. Failure to comply with any qualification regulation of the Owner. Omission of bid guaranty. I.D9 WITHDRAWAL OR REVISION OF BIDS Abidder may,without prejudice to himself,withdraw a bid after it has been deposited,provided the request for such withdrawal is received in writing or by telegram before the time set for opening bids.The bidder may then submit a revised bid provided it is received prior to the time set for opening bids. 1.10 PUBLIC OPENING DF BIDS Bids will be opened and read publicly at the time and place indicated in the Notice to Contractors.Bidders or their authorized agents are invited to be present. 1.11 RELIEF OF BIDDER Abidder who claims a mistake in his bid must follow the procedures in Public Contract Code Section 5ID0 et.seq.in seeking relief of his bid. 1.12 AWARD DF CONTRACT(S) The County intends to award one contract to the Lowest Responsible Bidder for each contract listed.Aseparate bid package is required by each contractor wishing to bid each contract.If the lowest bidder submits a bid package for another contract,that package will be opened,but considered not eligible unless remaining bid packages are deemed non-responsive,and all remaining bid packages will be opened.The Lowest Responsible Bidder will be awarded the next contract. February 2015 County of Fresno Page 1-2 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS If the Owner finds that it will be unable to award the contract(s)within 60 calendar days after the opening of bids,the Director may request any or all bidders to extend all terms of their bid(s)to a specified date.Additional such extensions may possibly be requested.If a bidder does not elect to extend the terms of his or her bid beyond the 60 calendar days following opening of bids,or does not respond within 10 days to a request for an extension,that bidder's bid will be deemed as having expired 60 calendar days following opening of the bids,and that bidder's bid will not be considered for award ofthe contract. The successful bidders will be notified by letter,mailed to the address shown on his bid,that his bid has been accepted and that he has been awarded the contract. The right is reserved to reject any or all bids,to waive technicalities,to advertise for new bids,orto proceed to do this work otherwise,if in the judgment of the awarding authorities the best interests of the Owner will be promoted thereby. 1.13 CANCELLATION OF AWARD The awarding authority reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties without any liability against the Owner. 1.14 CONTRACT BONDS The bidder to whom award is made shall enter into an agreement based on their proposal submitted in response to this RFP.The bidder shall sign such agreement within seven (7)calendar days of County requesting such signature.The agreement will be submitted to the Fresno County Board of Supervisors following signature by the awarded bidder.Failure of the awarded bidder to accept and sign the Agreement within seven (7)calendar days of request shall result in the bidder's forfeiture of the twenty-five thousand dollar ($25,000.00)bid guarantee that is required under this RF0. The successful bidders shall furnish a faithful performance bond in the amount of IDO percent of the Maximum Contract Amount and a payment bond in the amount of IDO percent of the Maximum Contract Amount.Each bond specified in this Notice (bid bond,faithful performance bond and payment bond)shall meet the requirements of all applicable statues,including but not limited to those specified in Public Contract Code section 2DI29 and Civil Code section 3248:said bonds shall be submitted in triplicate. The payment bond shall contain provisions such thatifthe Contractor or his subcontractors shall fail to pay (a)amounts due under the Unemployment Insurance Code with respect to work performed under the contract,or (b)any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section I3D2D of the Unemployment Insurance Code with respect to such work and labor,then the surety will pay these amounts.In case suit is brought upon the payment bond,the surety will pay a reasonable attorney's fee to be fixed by the court. The contract form is attached hereto for the Contractor's information only,Execution of the contract by bidders will not be required,until after the bid award is made.Liability and Workers Compensation Insurance requirements shall be asset forth in the Agreement. 1.15 POST-BID/PRE-AWARD INFORMATION The apparent low bids will be determined on the basis ofthe weighted average of the total number of Adjustment Factors submitted.The apparent low bidders will be notified by mail after bid opening day.Upon receipt of notification,the apparent low bidders must complete the Pre-Award forms found in these Bidding Documents.The Bidders shall complete and return these forms tothe Owner within 5 days of receiving notification. The County may request that bidders other than the apparent low bidders submit similar information,for the purpose of evaluating bids. Upon completion of the bid evaluation process,information submitted by other than the apparent low bidder will be returned upon request. February 2DI5 County of Fresno Page 1-3 <m*^Quotation No.912-5334 INSTRUCTIONS TO BIDDERS TABLE DF CONTENTS SECTION PAGE_ 2.DI IDENTIFICATION OF CONTRACT 2-1 2.02 CORRELATION DF CONTRACT DOCUMENTS 2-1 2.03 DEFINITIONS 2-1 2.D4 CONTRACT DOCUMENTS,SPECIFICATIONS AND DRAWINGS 2-3 2.D5 CONTRACTOR RESPONSIBILITIES 2-3 2.06 SUB-CONTRACTORS 2-4 2.07 PREROGATIVE DF OWNER 2-5 2.08 CONTROL OF THE WDRK 2-5 2.09 INSPECTION 2-5 2.10 TAXES.PERMITS.FEES.AND INDEMNIFICATION FOR PATENT INFRINGEMENT CLAIM 2-G 2.11 PAYMENT 2-6 2.12 CHANGES TO THE JOB ORDER 2-7 2.13 ASSIGNMENT DF MONEYS 2-8 2.14 GUARANTEE OF WDRK 2-8 2.15 RESPONSIBILITY FOR DAMAGE 2-8 2.16 RESOLUTION OF CONTRACT CLAIMS 2-9 2.17 INSURANCE 2-11 2.18 BONDS 2,12 February 2015 County of Fresno Page 2-i Quotation No.912-5334 INSTRUCTIONS TO BIDDERS 2.01 IDENTIFICATION OF CONTRACT The Contract Documents shall be signed by the Contractor and Owner,but,in case they (other than Agreement)are found to lack such signature, identification by the Director is deemed sufficient and conclusive. 2.02 CORRELATION OF CONTRACT DOCUMENTS The Contract Documents are complementary and anything called for by one shall be supplied as if called for by all,providing it comes clearly within the scope of the Contract. 2.03 DEFINITIONS The following words,or variations thereof,as used in these documents have meanings as defined: a.Owner -The County of Fresno,State of California,as represented by the Fresno County Board of Supervisors and so named in the Agreement. b.Director -,The Director of Department of Internal Services,County of Fresno,acting either directly or through properly authorized agents,such agents acting within the scope of the particular duties entrusted to them,which ever department issues the Notice to Proceedto the Contractor. c.Architect or Engineer -The Director of Department of Internal Services orthe Director of Department of Public Works and his/her authorized agents as defined in Section 2.03(b),ora duly licensed Architect or Engineer providing consultant services in accordance with an agreement with the Dwner. d.Contractor -When used in the General Conditions refer to:Person,persons,entity,co-partnership:or corporation so named in Agreement:when used in the body of the Contract Documents,refers to the Contractor for that specific work,whether it be the General Contractor.Sub-Contractor,orother Contractor. e.Sub-Contractor -Person,persons,entity,co-partnership orcorporation having direct contract with Contractor. f.Adjustment Factor -is the Contractor's competitively bid price adjustment to the Unit Prices published in the Construction Task Catalogl. g.Bid Documents -Notice Inviting Bids:the Instructions to Bidders:General Conditions,Supplemental General Conditions,the Construction Task Catalogl,the Technical Specifications (CTC and Technical Specifications on compact disk):any specifications incorporated by reference:and any Addenda issued by the County. h.Construction Task Catalogl (CTC)-is a comprehensive listing of specific construction related tasks identified by the Dwner together with a specified unit of measurement and Unit Price. i.Contract Documents -Bid Documents and any amendments,modifications,or revisions to the Bid Documents:all Job Orders issued under the Contract:all amendments,modifications,Dr revisions to the Contract:the Contractor's bid;surety bonds;certificates of insurance;County notification to the Contractor that Work is needed;County Requests for Proposals;and any design drawings provided by the County with the Job Orders. j.Final Completion of the Job Order -the last date on which all of the following events have occurred:the County has determined that all Punch List Work and any other remaining Work have been completed in accordance with the Contract Documents;final inspections have been completed and all operations systems and equipment testing have been completed;the issuance of final occupancy certifications (if any);all deliverables have been provided to the County and all contractual requirements for final payment have been completed. k.Job Order Contract (JDC)-also referenced herein as "the Contract";a competitively bid.firm fixed-price,indefinite-quantity contract for accomplishing construction and construction-related services.Work is accomplished through the issuance of individual Job Orders.Each Job Order issued under the Contract will be a firm fixed priced for accomplishing a specific construction task or Project. I.Key Personnel -those job titles and the persons assigned to the following positions ortheir equivalents:Senior Project Manager, Project Manager.Estimator,Scheduler and Superintendent. m.Maximum Contract Value -the maximum potential value of the Contract as defined in the Notice Inviting Bids. n.Minimum Contract Value -the minimum value of the Contract as defined in the Notice Inviting Bids.The Owner has no obligation to give the Contractor the opportunity to perform Job Orders beyond the Minimum Contract Value. February 2DI5 County of Fresno Page 2-1 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS o.Non-Prepriced (NPP)Tasks -the units of Work that are not included in the Construction Task Catalogl but are required by the Detailed Scope ofWork, p.Normal Working Hours -between the hours of 7:00 AM to 5:00 PM,Monday through Friday,inclusive.Saturdays.Sundays,and County holidays are excluded. q.Notice of Completion -a form issued by the County indicating that the Work is complete and fixing the date of completion.The form is signed by the County and filed with the County Recorder.The County,at its sole discretion,may elect not to issue a Notice of Completion on any individual Job Order. r.Notice to Proceed -written authorization from the County for the Contractor to commence a Job Order. s.Other than Normal Working Hours -Work done between the hours of 5:00 PM to 7:00 AM,on week days and any times during Saturday, Sunday,and County holidays. t.Plans -the drawings,sketches,illustrations,specifications or other pertinent information included on or attached tothe Job Order. u.Prepriced Task -An item of work included in the Construction Task Catalogl for which a unit price is given. v.Project -collectively,the improvements to be constructed by the Contractor pursuant to one or more Job Orders. w.Job Order Price Proposal - Aprice proposal prepared by the Contractor that includes the Prepriced Tasks,Nonprepriced Tasks,quantities, and appropriate Adjustment Factors required to complete the Detailed Scope of Work. x.Proposal -the Contractor's irrevocable offer to perform Work associated with a Job Order and refers to the Contractor prepared document quoting a firm fixed-Job Order Price and schedule for the completion of a specific Detailed Scope of Work.The Contractor's Job Order Proposal must be on forms provided by the County and in an electronic version compatible with the County's systems.The Job Order Proposal may also contain approved drawings,work schedule,permits,or other such documentation as the County might require for a specific Job Order. y.Job Order Price -The value of the approved Job order Price Proposal and the amount a Contractor will be paid for completing a Job Order. z.Job Order Completion Time -The time within which the Contractor must complete the Detailed Scope of Work. aa Joint Scope Meeting - Asite meeting to discuss the work before the Detailed Scope of Work is finalized. bb.Punch List Work -a compilation of minor items that have not been completed in accordance with an individual Job Order and the Contract Documents.Whether an item is Punch List Work or necessary for completion shall be determined in the sole discretion of the County. cc.Request for Proposal (RFP)-the County's written request to the Contractor for a Proposal for the Detailed Scope of Work referenced in a specific Job Order. dd.Detailed Scope of Work -shall mean the complete description of services to be provided by the Contractor under an individual Job Order. ee.Job Order -the documents that indicate the Work to be accomplished under this Contract.The County will be responsible for the development of the Job Order as well as the inspection and acceptance of the Work contained within the Job Order.The County will review the Contractor's Proposal and ifacceptable,shall issue a Job Order for the Work described therein.Each Job Order shall include a Detailed Scope of Work,a lump sum.firm fixed Job Order Price Proposal from the Contractor based upon the Construction Task Catalogl or NPP Task formula in Paragraph 3.D4 of the Supplemental General Conditions,whichever is applicable,time for completion of the Work,and any special conditions that might apply to that specific Job Order,such as Liquidated Damages.The County also reserves the right to issue a Job Order to the contractor for a Job Order Price Proposal that is generated by the County that in the opinion of the Owner,best represents the Detailed Scope of Work (DSOW)for such project. ff.Unit Price -refers tothe price published in the Construction Task Catalogl fora specific construction or construction-related task.The Unit Prices are fixed for the duration ofthe Contract.Each Unit Price is comprised ofthe labor,equipment and materials costs to accomplish that specific task, gg.Work -the Contractor's furnishing of all labor,materials,equipment and other incidentals necessary or convenient to the completion of an individual Job Order, hh.Technical Specifications:the written requirements for materials,equipment,systems,standards and workmanship for the work,and performance of related services. 2.04 CONTRACT DOCUMENTS.SPECIFICATIONS AND DRAWINGS a.In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents,the order of precedence shall be as February 2015 County of Fresno Page 2-2 2.D5 February 2015 Quotation No.912-5334 1 Permits from other agencies as may be required by law. 2 Permits issued by the Owner. 3 Changes to Job Orders 4 Job Orders 5 Agreement B Contractor's Bid (Bid Form) 7 Addenda 8 General Conditions 9 Technical Specifications (Divisions 2 through 19) ID Construction Task Catalogl II Reference Specifications 12 Instructionto Bidders 13 Notice Inviting Bids INSTRUCTIONS TO BIDDERS Division of Contract Documents -For convenience of reference and to facilitate the letting of independent contracts,the Contract Documents may be separated into certain sections;such separation shall not operate to oblige the Director only or designee to establish the limits of any contract between the Contractor and Sub-Contractor each of whom shall depend upon his/her own contract stipulations. The General Conditions apply with equal force to all work,including extra work. Discrepancies -Should the Contractor,at any time,discover a mistake in any of the Contract Documents or any discrepancy therein,or any variation between dimensions on the Contract Documents and measurements at site,or any lacking of dimensions or other information,he shall report at once to the Director for correction and shall not proceed with the work affected thereby until such correction has been made. Shop Drawings -Mill drawings,shop drawings,setting diagrams,schedules,maker's specifications and illustrations requisite for the various parts of the work shall be provided and promptly submitted by the Contractor.These shall be submitted in duplicate oras directed, shall be corrected if necessary and resubmitted until review by the Director is complete,after which corrected copies of each shall be filed with him and the necessary additional copies supplied for use in connection with the work.Corrections or comments made on the shop drawings during this review do not relieve the contractor of his/her responsibility to comply with the requirements of the drawings and specifications.This review is only to check for general conformance with the design concept of the project and general compliance with the Contract Documents.The Contractor remains responsible for:confirming and correlating all dimensions and quantities:selecting fabrication processes and techniques of construction;coordinating the work of the trades;and performing the work in a safe and satisfactory manner Trade Names and Alternatives -The intent of the specifications is to specify high-grade standard equipment,and itis not the intent of these specifications to exclude or omit the products of any responsible manufacturer,if such products are equal in every respect tothose mentioned herein.Wherever an article,or any class of materials,is specified by the trade name or by the name of any particular patentee, manufacturer or dealer,it shall be taken as intending to mean and specify the article of material described or any other equal thereto in quality,finish and durability,and equally as serviceable for the purpose for which itisor they are intended. 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 asto kind or quality required,samples shall be submitted to the Director who will specify the kind and use of the material appropriate to the location and the function of the item in question and Contractor shall furnish such accordingly. CONTRACTOR RESPONSIBILITIES Supervision Procedures 1.The Contractor shall give efficient supervision tothe work,using therein the skill and diligence for which he is remunerated in the contract Adjustment Factors.He shall carefully inspect the site and study and compare all contract Documents and other instructions,as ignorance of any phase of any of the features or conditions affecting the Contract will not excuse him from carrying out its provisions toits full intent. 2.The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the project site County of Fresno Page 2-3 Quotation No.912-5334 February 2DI5 INSTRUCTIONS TO BIDDERS during the progress of the work.The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor.The Contractor shall identify in writing the name and experience of the Superintendent for Owner review.AContractor superintendent shall not manage more than four (4)projects that are in construction at any onetime. 3.The Contractor shall be responsible to the Owner for the acts and omissions of his/her employees,subcontractors and their agents and employees,and other persons performing any of the work under a contract with the Contractor. 4.The Contractor shall at all times enforce strict discipline and good order among his/her employees and shall not employ on the work any unfit person or anyone not skilled in the task assigned to him. 5.The Contractor shall not be relieved from his/her obligations to perform the work in accordance with the Contract Documents either by the activities or duties of the Director in his/her administration of the Contract,or by inspections,tests or approvals required or performed by persons other than the Contractor. Construction Procedures 1.Means and Methods -The Contractor shall be solely responsible for and control of construction means,methods,techniques, sequences and procedures for all the work of this contract.Additionally,he shall be responsible for safety precautions and programs in connection with the work.The Contractor shall be accountable for all acts of omission of his/her employees, subcontractors,or any of their agents and employees or any other persons performing any of the work of this Contract. 2.Progress Schedule -The Contractor,immediately after being awarded a Job Order,shall update the schedule submitted as part of the Proposal and submit for the Owner's information an estimated progress schedule. 3.Laws of City,County and State -The Contractor must comply with all rules,regulations and ordinances of the County in which the work is being done,and all Local,State,and Federal laws pertaining to the work. 4.Safeguards -The Contractor shall provide,in conformity with all local codes and ordinances and as may be required,such temporary walls,fences,guard-rails,barricades,lights,danger signs,enclosures,etc.,and shall maintain such safeguards until all work is completed. 5.When the Owner furnishes equipment or materials to the Contractor for use or inclusion in the Work,the Contractor's responsibility for all such equipment and materials shall be the same as for materials furnished by the Contractor. 6.Housekeeping -Contractor shall keep the premises free of excess accumulated debris.Clean up as required and as directed by the Engineer.At completion ofwork all debris shall be removed from the site. 7.Contractor's Right to Stop Work or Terminate Contract -If through no fault of the Contractor or of anyone employed by him (I)the work is stopped by order of any court or governmental authority,or (2)the Owner fails to issue any certificate for payment within Forty-five days after it is due or (3)the Dwner fails to pay the Contractor within Forty-five days after its presentation,any sum certified by the Owner or awarded by arbitrators,then the Contractor may,upon ten days'written notice to the owner,stop work or terminate the contract,and the Owner shall be liable to the Contractor for any loss sustained and reasonable profit. SUB-CONTRACTORS Agreements -Agreements between the Contractor,Sub-Contractors,and Sub-Contractors of lower tier shall be subject to the approval of the Owner,but in no case does such approval relieve the Contractor of any conditions imposed by the Contract Documents. Subcontractors may be added,deleted or substituted only in accordance with the provisions of Public Contract Code Section 4ID0 et seq. Relation with Sub-Contractor -The Contractor shall bind every Sub-Contractor and every Sub-Contractor agrees to be bound by the terms of the Contract Documents to carry out their provisions insofar as applicable to their work;and the Contractor further agrees to pay to each Sub-Contractor promptly upon issuance of Certificate ofPayment,his/her or their due portion. Owner's Relation -Neither the acceptance of the name of Sub-Contractor nor the suggestion of such name nor any other actof the Owner nor anything contained in any Contract Document isto be construed as creating any contractual relation between the Owner and any Sub- Contractor ofany tier. County of Fresno Page 2-4 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS d.AContractor that conducts or participates in bid shopping or bid peddling after the award of this contract shall not receive any additional Job Orders under this contract,and such conduct shall be grounds for immediate termination of this Contract. e.The Owner reserves the right to reject any proposed subcontractor,installer,or supplier who cannot show satisfactory evidence of meeting the qualifications required by the Contract Documents,In the event of such rejection,the Contractor shall,within the time frame listed for submittal of revised Proposals,submit the name and qualifications of a replacement subcontractor,installer orsupplier satisfactory to the Owner.Such replacement submittal shall be in accordance with all Contract Documents. f.No adjustment ofJob Order Price shall be made in the event of such replacement. g.When an individual Job Order utilized Federal Funds and the County elects to require DBE participation,the Contractor shall follow the Federal Good Faith Effort requirements for inclusion of DBE subcontractors and suppliers.(All Job Orders that have federal funding shall follow the reporting requirements listed in the Grantees'funding documentation as directed by the County Project Manager. 2.07 PREROGATIVE DF DWNER The Owner may perform or employ others to undertake portions of work persistently neglected by the Contractor,provided that,after three days' written notice to the Contractor,work is still undone.In such case,the work shall be done under direction of the Director or designated County Official or designee and the cost deducted from the amount of next payment falling due to the Contractor.Such action shall,in no way,affect the status of either party under contract,nor be held asa basis of any claim by the Contractor for damages or extension of time. 2.08 CONTROL OF THE WORK The Director after contract is signed,is assumed to be just and unbiased Arbiter between parties thereto and the entire work is under his/her jurisdiction to such end.It is his/her function to interpret the Contract Documents;pass upon merits of materials and workmanship,compute amounts of and issue certificates for all payments to which Contractor may be entitled;decide upon all deductions from and additions to the Job Order Price resulting from alterations after letting of Job Order;determine amount of damages accruing to either Party from any cause;or conferences at any time during the progress of the work and such order shall require the Contractor and any or all Sub-Contractors or other Contractors to attend;and perform any other duties hereinafter stated within his/her province. It shall be the responsibility of the Director or designee to make written decisions in regard to all claims of the Owner or Contractor and to interpret the Contract Documents on all questions arising in connection with the execution of the Work. Orders from the Director shall be in writing only,properly signed;no oral orders from Director nor from anyone acting for him shall be considered binding in case of dispute and no one,other than the Owner,or the Director acting for him,has authority to order changes involving extras or deductions.Superintendents or Inspectors may be assigned by the Owner and/or Engineer to assist them in the conduct of the work and these persons shall be entitled to the same free access to all parts of work,and the degree of authority of such employees toact for the Engineer isas prescribed for the Engineer,such employees acting within the scope of the particular duties entrusted to them. Authority to stop the work is vested in the Director and may be involved whenever he deems such action necessary to insure proper execution of the Contract and Work may not thereafter be resumed until the Director has given written consent. 2.09 INSPECTION All material and workmanship (if not otherwise designated by the Contract Documents)shall be subject to inspection,examination,and test by the Director or designated County Official at any and all times during manufacture and/or construction and at any and all places where such manufacture and/or construction are carried on.The Director shall have the right to reject defective material and workmanship or require its correction. The Contractor shall furnish promptly without additional charge,all reasonable facilities,labor,and materials necessary for the safe and convenient inspection and teststhat may be required by the Director. Should it be considered necessary or advisable by the Director at any time either before acceptance ofthe 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 tothe fault of the Contractor or his/her Sub-Contractors,he shall defray all the expenses of such examination and of satisfactory reconstruction.If,however,such work is found to meet the requirements ofthe contract,cost necessarily involved in the examination and replacement,as determined by use ofthe Construction Task Catalogl,shall be allowed the Contractor and he shall,in addition,if completion of the work has been delayed thereby,be granted a suitable extension oftime onaccount ofthe additional work involved. February 2015 County of Fresno Page 2-5 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS When the work is completed the Contractor shall notify the Owner in writing that the work will be ready for final inspection and test on a definite date which shall bestated insuch notice, 2.10 TAXES,PERMITS,FEES,AND INDEMNIFICATION FOR PATENT INFRINGEMENT CLAIM The Contractor shall pay for and include all Federal,State and local taxes direct or indirect upon all materials,and take out and pay all fees and charges for permits and licenses,unless otherwise specified in Supplemental General Conditions or Technical Specifications of these specifications. Royalty and license fees incidental to the use of any patented material,device or process shall be paid by the Contractor and in the event of a claim of alleged infringement of patent copyright,or Trade Secret rights,the Contractor shall indemnify,save the Dwner free and harmless,and defend,at the Contractor's own expense,any and all suits that may be brought in such connection. 2.11 PAYMENT Payments shall be made on inspected and approved Work only.If an individual Job Order requires 45 days or less for completion,the Owner will normally make one payment to the Contractor after the Notice of Completion,if required by the County,and retainage shall be paid after final acceptance of all Work contained under the Job Order and all Contract requirements for final payment have been satisfied.For Job Orders requiring greater than 45 days performance period,the Owner will consider a request for partial payments to the Contractor,not more than monthly. The Owner will make progress payments to the Contractor upon completion of portions of the work,as covered by the contract,in accordance with established County procedures: a.Before payment is made,the Contractor shall prepare for the Director's approval a statement covering the actual work completed under the terms of the Job Order,Aschedule of values listed by "CSI"or "Category"from the Contractors Job Order Price Proposal may be utilized for saidscheduleofvalues. b.In making such payment there shall be a retention of five (5 %)percent of the payment requested.If,after 50 percent of the work of the Job Order has been completed,the Director finds that satisfactory progress is being made,the Director may reduce the retention to two and one half (2 J4 %)percent of the amount requested.In addition,after 97.5 %percent of the work has been completed,the Director may reduce the amount withheld to such lesser amount as the Director determines to be adequate security for the fulfillment of the balance of the work and other requirements of the contract.In no event will said amount be reduced to less than 125 %percent of the estimated value of the work yet to be completed,as determined by the Director.Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety upon the Performance Bond and the surety upon the Payment Bond.The signature of persons executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing him to give such consent must accompany the approval document. 1.Substitution of securities for any moneys withheld by the Owner to ensure performance under a contract shall be permitted, provided that substitution of securities provisions shall not apply to contracts in which there will be financing provided by the Farmers Home Administration of the United Stated Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C.Sec.1921 et seq.),and where federal regulations or policies,or both,do not allow the substitution of securities. 2.At the request and expense of the Contractor and in compliance with Public Contract Code Section 22300,securities equivalent to the amount withheld pursuant to these specifications shall be deposited by the Contractor with the Owner,or with a state or federally chartered bank as the escrow agent,who shall then pay such withheld amounts to the Contractor upon written authorization ofthe Owner. 3.Securities eligible for investment under this section shall include those listed in Section IG430 of the Government Code,bank or savings and loans certificates of deposit,interest bearing demand deposit accounts,standby letters of credit,or any other security mutually agreed to by the contractor and the Owner. 4.Securities to be placed in escrow shall be of a value atleast equivalent to the amounts of retention to be paid to the Contractor. 5.The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. G.The Contractor shall enter into an escrow agreement satisfactory to the Owner,which agreement shall substantially comply with Public Contract Code Section 2230D. February 2015 County of Fresno Page 2-6 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS 7.The Contractor shall obtain the written consent of the surety to such escrow agreement. All material and work covered by progress payments made shall thereupon become the sole property of the Owner,but this provision shall not be construed as relieving the Contractor from the sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work orasa waiver of the right of the Owner to require the fulfillment of all of the terms of the contract, d.Upon completion and acceptance of all work whatsoever required,and the release of all claims against the Owner as specified,the Director shall file a written Notice of Completion,if required by the County,with the County Recorder asto the entire amount of work performed. e.Forty-five (45)days after the filing of such Notice of Completion,if required by the Dwner,the Dwner will pay to the Contractor the amount therein stated,except as provided in paragraph 2.11—g.less all prior payment and advances whatsoever toor for the account of the Contractor,and less material and labor claims duly filed with the Owner on account of this contract.All prior estimates and payments including those relating to extra work shall be subject to correction by this final payment which is referred to throughout this Contract as the Final Payment. f.The acceptance by the Contractor of the final payment shall be and shall operate as a release to the Owner of all claims and of all liability tothe Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work,excepting the Contractor's claims for interest upon final payment,if this payment be improperly delayed.No payments,however,final or otherwise shall operate to release the Contractor or his/her sureties from any obligations under this contract or the Performance and Payment Bonds. g.Payments may be withheld in the whole or in part if such course be deemed necessary to protect the Owner from loss on account of the failure of the Contractor to (I)meet his/her obligations.(2)expedite the work,(3)correct rejected work,(4)settle damages as herein provided,(5)produce substantial evidence that no claims will be or have been filed,or (6)that unpaid balances may be insufficient to complete the work. h.The Contractor shall pay: 1.For all transportation and utility services not later than the 20th day of the calendar month following that in which such services are rendered, 2.For all materials,tools,and other expendable equipment to the extent of 90 percent of the cost thereof,not later than the 20th day of the calendar month following that in which such materials,tools and equipment are delivered at the site of the project,and the balance of the cost thereof not later than the 30th day following the completion of that part of the work in or on which such materials,tools and equipment are incorporated or used. 3.To each of his/her Sub-Contractors,not later than the tenth day following each payment to the Contractor,the respective amounts allowed the Contractor on account of the work performed by his/her Sub-Contractors,including that work performed and paid for under a Change to the Job Order as provided in Section 2.12,to the extent of each Sub-Contractor's interest therein. 2.12 CHANGES TO THE JOB DRDER a.Changes Requested by the Owner -The Owner may,without invalidating the Job Order,order changes,modifications,deletions,and extra work by issuing additional written Job Orders during the progress of the Work.The Contractor shall not be entitled to compensation for any extra work performed unless the Director has issued an additional written Job Order designating (i)the extra work to be performed, (ii)the price of the extra work,and (iii)thetime for completion ofthe extra work.If the Owner orders work added or deleted from the Job Order,the price for the additional Job Order shall be determined using the Procedure for Ordering Work set forth in 3.D4 of the Supplemental General Conditions,Credits for prepriced and non prepriced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate Adjustment Factors.The results is that a credit for Tasks that have been deleted from the Detailed Scope of Work will be given at 100%of the value at which they were included in the original Job Order Price Proposal. b.Changes in the Work Claimed by the Contractor -The Contractor may request a change in the Job Order Price or an extension of time for February 2DI5 County of Fresno Page 2-7 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS completion of the Job Order due to changes in the Work that are not within the scope of the Job Order.The request must be in writing and must be submitted to the Owner prior to beginning the extra work.The Contractor shall not be entitled to compensation for any extra work performed unless the Director has issued an additional written Job Order designating (i)the extra work to be performed,(ii)the price of the extra work,and (iii)the time for completion of the extra work.If the Owner agrees thatwork is added toor deleted from the Job Order,the price for the additional Job Order shall be determined using the Procedure for Ordering Work set forth in Paragraph 3.04 of the Supplemental General Conditions. c.Where the Contractor and the Owner disagree on the scope of price of,and/or time for changes in the Detailed Scope of Work,the Owner may require the Contractor to perform such work under a written protest,pursuant to the Resolution of Contact Claims in 2.16 of these General Conditions.The Contractor's failure to submit a written protest to the Director within 5 days of beginning such work constitutes a waiver of any claim. 2.13 ASSIGNMENT DF MONEYS The Contractor shall not assign moneys due orto become due him under the contract without the written consent of the Auditor-Controller of Fresno County.Any assignment of moneys shall be subject to all proper set-offs in favor of the County of Fresno and to all deductions provided for in the contract and particularly all money withheld,whether assigned or not,shall be subject to being used by the County of Fresno for the completion of the workinthe event that the Contractor shouldbe indefaulttherein. 2.14 GUARANTEE DF WDRK All work shall be guaranteed by the Contractor,except as may be otherwise specified,against defects resulting from the use of inferior materials, equipment or workmanship for one year from the date of completion of the Job Order. If repairs or changes are required in connection with guaranteed work within any guaranteed period,which,in the opinion of the Owner is rendered necessary as the result of the use of materials,equipment or workmanship which are inferior,defective,or not in accordance with the terms of the contract,the Contractor shall,promptly upon receipt of notice from the Owner,and without expense to the Owner (I)place in satisfactory condition in every particular all of such guaranteed work,correct all defects therein,and (2)make good all damage to the building or site,or equipment or contents thereof,which,in the opinion of the Owner,is the result of the use of materials,equipment or workmanship which are inferior,defective,or not in accordance with the terms of the contract;and (3)make good any work or materials,or the equipment and contents of said building or site disturbed in fulfilling any such guarantee. If the Contractor disturbs any work guaranteed under another contract in fulfilling the requirements of the contract or of any guarantee,embraced in or required thereby,he shall restore such disturbed work toa condition satisfactory to the Director and guarantee such restored work to the same extent asit was guaranteed under such other contract. The owner may have the defects corrected if the Contractor,afternotice,fails to proceed promptly to comply with the terms ofthe guarantee and the Contractor and his/her surety shall be liable for all expense incurred. All special guarantees applicable to definite partsofthe work that may be stipulated in the Contract Documents shall be subject tothe terms ofthis paragraph during the first year of the life of such special guarantee. 2.15 RESPONSIBILITY FDR DAMAGE Neither the Owner,the Director of Department of Internal Services,nor any officer or employee ofthe County or any incorporated city,or officer or employee thereof,within the limits of which the work is being performed,shall be answerable or accountable in any manner,for any loss or damage that may happen to the work or any part thereof;or for any of the materials or other things used or employed in performing the work;or for injury to any person or persons,either workmen or the public,for damage to property from any cause which might have been prevented by the Contractor,or his/her workmen,or anyone employed by him,against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard. The Contractor shall be responsible for any liability imposed by law for any damage to any person or property resulting from defects or obstructions or from any cause whatsoever during the progress of the work orat any time before the completion and final acceptance. The Contractor agrees to indemnify,save,hold harmless and at the County's request,defend the County,its all officers,agents,and employees from any and all costs and expenses,attorney fees and court costs,damages,liabilities,claims and losses occurring or resulting to County in connection with the performance,or failure to perform,by Contractor,its officers,agents or employees under this agreement and from any and all costs and February 2DI5 County of Fresno Page 2-8 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS expenses,attorney fees and court costs,damages,liabilities,claims and losses occurring tD any person,firm or corporation who may be injured or damaged by the performance or failure to perform,of contractor,its officers,agents,or employees under this agreement, 2.16 RESOLUTION OF CONTRACT CLAIMS Public works contract claims of three hundred seventy-five thousand ($375,000)or less which arise between a Contractor and a local public agency shall be resolved in accordance with the provisions of Article 1.5 (Sections 20104-20104.6,inclusive)of Chapter I of Part 3 of Division 2 of the Public Contract Code.Article 1.5 requires that its provisions or a summary thereof be set forth in the plans and specifications for any work which may give rise toa claim thereunder.Accordingly,this contract incorporates all of the terms and conditions of Article 1.5.as follows: Article 1.5 Resolutions ofContract Claims (a)(1)This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000)or less which arise between a contractor and a local agency. (2)This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section ID240)of Chapter I of Part 2. (b)(1)"Public work"has the same meaning as in Sections 3IDD and 3I0G of the Civil Code,except that "public work"does not include any work or improvement contracted for by the state orthe Regents of the University of California. (2)"Claim"means a separate demand by the contractor for (A)a time extension,(B)payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to.or (C)an amount the payment of which is disputed by the local agency. (c)The provisions of this article ora summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claimunder this article. (d)This article applies only to contracts entered into on or after January 1,1991. 20104.2 For any claim subject to this article,following requirements apply: (a)The claim shall be in writing and include the documents necessary to substantiate the claim.Claims must be filed on or before the date of final payment.Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1)For claims of less than fifty thousand dollars ($50,000).the local agency shall respond in writing to any written claim within 45 days of receipt of the claim,or may request,in writing,within 30 days of receipt of the claim,any additional documentation supporting the claim or relating to defenses Dr claims the local agency may have against the claimant. (2)If additional information is thereafter required,it shall be requested and provided pursuant to this subdivision,upon mutual agreement ofthe local agency and the claimant. (3)The local agency's written response to the claim as further documented shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1)For claims of over fifty thousand dollars ($50,000)and less than or equal to three hundred seventy-five thousand dollars ($375,000),the local agency shall respond in writing to all written claims within 60 days of receipt of the claim,or may request,in writing, within 3D days of receipt of the claim,any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2)If additional information is thereafter required,it shall be requested and provided pursuant to this subdivision,upon mutual agreement of the local agency and the claimant. (3)The local agency's written response to the claim,as further documented,shall be submitted to the claimant within 30 days after receipt of the further documentation,or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation,whichever is greater. (d)If the claimant disputes the local agency's written response,or the local agency fails to respond within the time prescribed,the February 2015 County of Fresno Page 2-9 2.17 Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties,CONTRACTOR,atits sole expense,shall maintain in full force and effect,the following insurance policies ora program of self-insurance,including but not limited to.an insurance pooling arrangement or Joint Powers Agreement (JPA)throughout theterm of the Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence and an annual aggregate of Twd Million Dollars ($2,000,000).This policy shall be issued on a per occurrence basis.COUNTY may require specific Quotation No.912-5334 INSTRUCTIONS TO BIDDERS claimant may so notify the local agency in writing,either within 15 days of receipt of the local agency's response orwithin 15 days of the local agency's failure to respond within the time prescribed,respectively,and demand an informal conference to meet and confer for settlement of the issues in dispute,Upon a demand,the local agency shall schedule a meet and confer conference within 30 days for settlement ofthe dispute. (e)If following the meet and confer conference the claim or any portion remains in dispute,the claimant may file a claim pursuant to Chapter I(commencing with Section 900)and Chapter 2 (commencing with Section 910)of Part 3 of Division 3.6 of Title Iof the Government Code.For purposes of those provisions,the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his/her or her written claim pursuant to subdivision (a)until the time the claim is denied,including any period of time utilized by the meet and confer conference. 2DI04.4 The following procedures are established for all civil actions filed to resolve claims subject to this article: (a)Within GO days,but no earlier than 30 days,following the filing orresponsive pleadings,the court shall submit the matter to nonbinding mediation unless waived by the mutual stipulation of both parties.The mediation process shall provide for the selection within 15 days by both parties of disinterested third person as mediator,shall be commenced within 3D days of the submittal,and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.If the parties fail to select a mediator within the 15-day period,any party may petition the court to appoint the mediator. (b)(1)If the matter remains in dispute,the case shall be submitted to the judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10)of Title 3 of Part 3 of the Code of Civil Procedure,notwithstanding Section 1141.11 of that code.The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016)of Chapter 3 of Title 3 of Part 4 of Civil Procedure)shall apply to any proceeding brought under this subdivision consistent with the rule pertaining to judicial arbitration. (2)Notwithstanding any other provision of law,upon stipulation of the parties,arbitrators appointed for purposes of this article shall be experienced in construction law,and,upon stipulation of the parties,mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate,and such fees and expenses shall be paid equally by the parties,except in the case of arbitration where the arbitrator,for good cause,determines a different division.In no event shall these fees or expenses be paid by stateor county funds. (3)In addition to Chapter 2.5 (commencing with Section 1141.10)of Title 3 of Part 3 of the Code of Civil Procedure,any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall,in addition to payment of costs and fees under that chapter,pay the attorney's fees of the other party arising out of the trial de novo. (c)The court may.upon request by any party,order any witnesses to participate in the mediation or arbitration process.Arbitrators shall be experienced in construction law. .6(a)No local agency shall fail to pay money asto any portion of a claim which is undisputed except as otherwise provided in the contract. (b)In any suit filed under Section 20104.4,the local agency shall pay interest atthe legal rate on any arbitration award or judgment.The interest shall begin to accrue on the date the suit is filed in a court of law. February 2DI5 County of Fresno Page 2-10 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS coverages including completed operations,products liability,contractual liability,Explosion-Collapse-Underground.fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B.Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand Dollars ($500,000.00)per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00),or such coverage with acombined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in connection with this Agreement. C.Professional Liability If CONTRACTOR employs licensed professional staff,(e.g..Ph.D.,R.N.,L.C.S.W.,M.F.C.C.)in providing services,Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)per occurrence.Three Million Dollars ($3,000,000.00)annual aggregate. D.Worker's Compensation Apolicy of Worker's Compensation insurance as may be required by the California Labor Code. E.All-Risk Insurance Dn The Work Contractor shall procure and maintain at Contractor's sole cost and expense.Builders Risk Course of Construction insurance,including fire and vandalism coverage,covering the entire work (including any County furnished material and equipment)against loss or damage until completion and acceptance by the County.Such insurance shall be for each Job Order in an amount up to the value of each Job and endorsed for broad form property damage,breach of warranty,demolition costs,and debris removal.Deductible not exceeding 5%of the cost will be permitted.Said policy to cover Contractor.Contractor's subcontractors,the County,its agents,the awarding entity,and any Trustee,under the indenture or trust agreement securing the bonds,certificates of participation,or other evidences of indebtedness issued to finance the work contemplated herein.The value of the policy shall be in U.S.currency. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno,its officers,agents,and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned.Such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY,its officers,agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein.This insurance shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given to COUNTY. Within thirty (30)days from the date CONTRACTOR executes this Agreement,CONTRACTDR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as required herein,to the County of Fresno -Facility Services,4590 E.Kings Canyon Road,Fresno,CA 93702 Attn:Fenix Batista stating that such insurance coverage have been obtained and are in full force;that the County of Fresno,its officers,agents and employees will not be responsible for any premiums on the policies;that such Commercial General Liability insurance names the County of Fresno, its officers,agents and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned;that such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY,its officers,agents and employees,shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance,written notice given to I In the event CDNTRACTOR fails to keep in effect at all times insurance coverage as herein provided,the COUNTY may.in addition to other remedies it may have,suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California.Insurance purchased shall be purchased from companies possessing a current A.M.Best.Inc.rating of AFSC VII or better. February 2015 County of Fresno Page 2-11 ^Rt^Quotation No.912-5334 INSTRUCTIONS TO BIDDERS 2.18 BONDS Bid Deposit (Security):The bidder shall furnish a proposal guarantee consisting of a bid bond,cash,certified check,or cashier's check for twenty fiv thousand dollars ($25,000), In the event a bidder or bidders fail to enter into an agreement(s)for the services offered under their bid(s),such bid deposit shall be forfeited to County. The bid deposit shall be in the form of a cashier's check,irrevocable letter of credit or a bid bond.The bidder's security when in the form of a cashier's check or bond shall be made payable to the County of Fresno. The bid deposit of the apparent successful bidder(s)shall be retained by County until the agreement(s)have been fully executed by the apparent successful bidder(s)and the County or until County determines that all bids have been rejected. All other bid deposits (except bonds)will be returned promptly following execution of all agreements or when all bids have been rejected.Bonds will be returned only upon written request from the bidder. Payment and Performance Bonds will be in place for all Task Job Orders in an amount equal to the sum of any outstanding Task Job Orders. Bonding Company Requirements:Each bond specified in this RFQ (bid bond,faithful performance bond and payment bond)shall meet the requirements of all applicable statutes,including but not limited to those specified in Public Contract Code section 20129 and Civil Code section 3248.Each bond specified in this RFD shall be issued by asurety 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 aproposed surety company,may require the surety company to provide additional information supported by documentation.The County generally requires such information and documentation whenever the proposed surety company has either a Best's Key Rating Guide of less than B+or afinancial size designation of less than VIII.Provided,however,that the County expressly reserves its right to require all information and documentation to which the County is legally entitled from any proposed surety company. PERFORMANCE BOND:The successful bidders may be required to furnish afaithful performance bond. The successful bidder will be required to furnish aFaithful Performance Bond and aLabor and Materials Bond in an amount equal to one hundred percent (100%)of the contract price. BONDING COMPANY:The company issuing bonds shall be a corporate surety admitted by the California Insurance Commissioner to do business in the State of California with an A.M Best rating of B++VIII or better. CONTRACTDR shall ensure that any subcontractors or other agents used in fulfilling the terms and obligations of this Agreement shall have the same level of insurance and indemnification required of CDNTRACTOR. In the event CONTRACTDR fails to keep in effect at all times insurance coverage as herein provided,the COUNTY may,in addition to other remedies it may have,suspend orterminate this Agreement upon the occurrence of such event. February 2DI5 County of Fresno Page 2-12 February 2DI5 <gRE^Quotation No.912-5334 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS SECTION PAGE PAGE 3.01 GENERAL CONDITIONS 3-1 3.D2 PRE-BID CONFERENCE 3-1 3.03 CONFIDENTIALITY DF INMATES/WARDS/PATIENTS/CLIENTS IDENTITY 3-1 3.04 SCOPE DF WORK AND PROCEDURE FDR ORDERING WDRK 3-1 3.05 INTENT OF CONTRACT DOCUMENTS 3-6 3.06 BUILDING PERMIT 3-6 3.07 CODES AND REGULATIONS 3-6 3.D8 COORDINATION OF WORK 3-7 3.09 WORKDAY 3-7 3.10 SCHEDULE OF OPERATION 3-7 3.11 COOPERATION BETWEEN CONTRACTORS 3-7 3.12 TEMPORARY FACILITIES 3-7 3.13 FIRE PROTECTION AND FIRE INSURANCE 3-7 3.14 DUST SEPARATION AND PROTECTIVE BARRICADES 3-7 3.15 DAMAGE TD EXISTING WDRK 3-8 3.16 PROTECTION OF ALARM.SECURITY,COMMUNICATIONS,AND COMPUTER SYSTEMS 3-8 3.17 SECURITY 3-8 3.18 PARKING 3-8 3.19 RECORD DRAWINGS 3-8 3.20 GUARANTEE /WARRANTY RESPONSE 3-8 3.21 TRENCHING AND EXCAVATION 3-8 3.22 ASBESTOS CONTAINING MATERIAL (ACM)3-9 3.23 RIGHTTO AUDIT 3-10 County of Fresno Page 3-i Quotation No.912-5334 INSTRUCTIONS TO BIDDERS SUPPLEMENTAL GENERAL CONDITIONS 3.01 GENERAL CONDITIONS The foregoing General Conditions shall form a part of this section with the same force and effect as though repeated herein. The Contractor will be provided,at Owner expense,with one (I)set of Contract Documents.Additional Contract Documents may be obtained at the Contractor's expense,and upon 48 hour notice to the Owner,by placing an order through a reproduction company bonded to transport,print and return Ownerdocuments. 3.02 PRE-BID CONFERENCE RENCE:Prospective bidders must attend the Mandatory pre-bid conference.Due to the relative complexity of this type of procurement, a detailed orientation on the Job Order Contracting System will be provided as well asa discussion on Job Order Contracting from the Contractor's viewpoint at the pre-bid conference,The pre-bid conference will be held at March II,2015 at 10:00 a.m.The conferences will be held in the Elections Training Room at 4525 E.Hamilton Avenue,Fresno,Ca.93702. 3.03 CONFIDENTIALITY DF INMATES/WARDS/PATIENTS/CLIENTS IDENTITY Some of the Work to be done under this Contract may be done in secured facilities or facilities that require confidentially.Contractors shall alert and inform their employees that State law requires that the identities ofinmates/wards/patients/clients be kept confidential. Revealing the identities of inmates/wards/patients/clients is punishable by law. 3.04 SCOPE OF WDRK AND PROCEDURE FOR ORDERING WDRK a.Scope of Work 1.This is an indefinite-quantity contract pursuant to which the Contractor will perform an ongoing series of individual projects at different locations throughout the County ofFresno.This Contract is for construction services specified in the individual Job Orders and effective for the period of 12 months or the expenditure of the $2,00D,DD0 Maximum Contract Value,whichever occurs first.The Maximum Contract Value may be increased by up to the sum authorized by Public Contract Code Section 20128.5 (currently approximately $4,500,000 million dollar).Any increase in the Maximum Contract Value will be by bi-lateral agreement. 2.The bid documents include a Construction Task Catalogl containing construction tasks with preset unit prices.All Unit Prices are based on local labor,material and equipment prices and are for the direct cost of construction. 3.The Contractor will be required to Work at any ofthe Owner's facilities.The Owner makes no commitment asto the award ofindividual Job Orders.All costs associated with preparing Proposals shall be the responsibility of the Contractor. 4.Work or performance shall be made only as authorized by Job Orders issued in accordance with these General Conditions.The Contractor shall furnish to the Owner,the supplies or services specified in the Job Orders up to and including the Maximum Contract Value.The Owner shall give the Contractor the opportunity to perform at least the Minimum Contract Value of construction services designated in the Contract Documents. 5.The Scope of Work of this Contract shall be determined by individual Job Orders.The Job Order will reference the Detailed Scope of Work and set forth the Job Order Completion Time,and the Job Order Price.The Job Order Price is determined by multiplying the preset Unit Prices by the appropriate quantities and by the appropriate Adjustment Factor.The Job Order Price shall be a lump sum. fixed price for the completion of the Detailed Scope of Work.Aseparate Job Order will be issued for each project.Extra work, credits,and deletions will be contained in additional Job Drders.The Contractor shall provide all pricing,management,design drawings,shop drawings,documents.Work,materials,supplies,parts (to include system components),transportation,plant, supervision,labor,and equipment needed to complete the Job Order.The Contractor shall provide quality assurance as specified in strict accordance with the Contract.The Contractor shall also be responsible for site safety as well as site preparation and cleanup. 6.The Contractor shall conduct the Work in strictaccordance with the Contract and all applicable federal,state,and local laws, regulations,or codes. 7.Contractor shall maintain accurate and complete records,files and libraries of documents to include federal,state,and local February 2015 County of Fresno Page 3-1 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS regulations,codes,applicable laws listed herein,and manufacturers'instructions and recommendations,which are necessary and related to the Work to be performed. 8.Contractor shall prepare and submit required reports,maintain current record drawings,and submit required information.The Contractor shall provide:materials lists to include trade names and brand names,and model materials lists to include trade names, brand names,model number,and ratings (if appropriate)for all materials necessary for a complete job. 9.All Work will be ordered and funded when needed in accordance with the procedures contained in the Contract Documents. 10.All Work will be controlled and monitored by the Owner or designated representative. 11.The design of architectural,structural,mechanical,electrical,civil,or other engineering features of the Work required by the Contract shall be accomplished or reviewed and approved by architects or engineers registered in the State of California to practice in the particular professional field involved. 12.In addition to the Work unit requirements in the General Requirements Contract Technical Specifications,Volume 3,and the Construction Task Catalogl (CTC),Volume 4,the Owner may,from time to time,require Non-Prepriced (NPP)Tasks.The parties shall proceed with these requirements in accordance with the Procedure for Ordering Work contained in Paragraph 3.04 of these General Conditions.These NPP Work unit requirements will be incorporated in individual Job Orders and the Contractor shall accomplish those requirements with the same diligence as those Work units incorporated in this Contract in the Construction Task Catalogl and Technical Specifications. b.Procedure For Ordering Work 1.As the need for work arises,the Owner will notify the Contractor of the Work and provide written notification, 2.Upon receipt of this notification,the Contractor shall respond within one working day by: (a)Establishing verbal contact with the Owner to further define the scope of the requirement,and (b)Visiting the proposed Work site in the company of the Owner,and participating in the conduct of a Joint Scope Meeting which will include discussion and establishment of the following: (1)Project number and title (2)Existing site conditions (3)Methods and alternatives for accomplishing Work (4)Definition and refinement of requirements (5)Detailed Scope of Work (6)Requirements for design drawings,sketches,shop drawings,submittals,etc. (7)Tentative construction schedule (8)Preliminary quantity estimates (9)Access to the site and protocol for admission (10)Hours of operation (11)Staging area (12)Liquidated damages (13)Presence of hazardous materials (14)Proposal due date 3.Upon completion of the Joint Scope Meeting,the Owner will prepare a draft Detailed Scope of Work referencing any sketches, drawings,photographs,and specifications required to document accurately the work to be accomplished.The Contractor shall review the Detailed Scope of Work and request any required changes or modifications.When an acceptable Detailed Scope of Work has been prepared,the Owner will issue a Request for Proposal (RFP)and Detailed Scope of Work,which requires that the Contractor prepare a Proposal for the Work under consideration.The Detailed Scope of Work,unless modified by both the Contractor and the Owner,will be the basis on which the Contractor will develop its Job Order Proposal and the Dwner 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. February 2DI5 County of Fresno Page 3-2 February 2DI5 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS 4.The Contractor will prepare the Job Order Price Proposal in accordance with the following: (a)Prepriced Work requirements.APrepriced Task isa task described and for which a Unit Price isset forth in the Construction Task Catalogl.Prepriced Work requirements will identify the type and number of Work units required from the Construction Task Catalogl (CTC).The price per unit set forth in the CTC shall serve as the base price for the purpose of the operation of this provision.The the total of the Job Order Price Proposal shall be the sum of the cost of each applicable CTC task,which is calculated according to the following formula: A=Number ofUnits Required for CTC Task 6=Applicable Adjustment Factor C=CTC Price per Unit Costof CTC Task AxBxC (b)The Contractor's Proposal shall include support documentation to indicate that adequate engineering and planning for the requirement have been done,and that the Work units and quantities proposed are reasonable for the tasks to be performed. Documentation to be submitted with the Proposal shall include,but not be limited to,the Job Order Price Proposal,design drawings,calculations,catalog cuts,specifications,and architectural renderings,Subcontractor list,and construction schedule. Any Proposal lacking the required items will be considered incomplete and be returned and treated asifnever received. Proposals submitted to the Dwner are valid for the duration of the Contract. (c)Non-Prepriced Work Requirements:Non-prepriced Work shall be separately identified and submitted in the Job Order Price Proposal.Information submitted in support of Non-Prepriced Work shall include,but not be limited to.the following: (1)Complete specifications and technical data,including Work unit content,support drawings.Work unit costs data,quality control and inspection requirements. (2)Work schedule in written form. (3)Pricing data submitted in support of non-prepriced work units shall include a cost or price analysis report,establishing the basis for selecting the approach proposed to accomplish the requirements.Unless otherwise directed by the Owner, costing data will be submitted,demonstrating that the Contractor sought and received three quotes.The Contractor shall provide an installed unit price (or demolition price if appropriate),which shall include all costs required to accomplish the Non-Prepriced Task. (4)If the Contractor will perform the work with its own forces,it shall submit three independent quotes for all material to be installed and shall,to the extent possible,use prepriced labor and equipment from the Construction Task Catalogl.If the work isto be subcontracted,the Contractor must submit three independent bids from subcontractors.The Contractor shall not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use.The Owner may require additional quotes and bids ifthe suppliers or subcontractors are not acceptable orifthe prices are not reasonable. (5)The final price submitted for Non Prepriced (NPP)Tasks shall be according to the following formula: Contractor Performed Duties A=The number ofhours 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+FJ+C)x Normal Hours Adjustment Factor (Only ifABB cannot be priced out ofthe CTC) For Work performed by Subcontractors: If the Work isto be subcontracted,the Contractor must submit three independent bids from Subcontractors. County of Fresno fthr Page 3-3 February 2DI5 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS quotes or bids can not be obtained,the Contractor will provide the reason in writing for the County's approval as to why three quotes cannot be submitted, D=Subcontractor Costs (supported by three quotes) Total Costs of Non-Pre-Priced Task =Dx Normal Hours Adjustment Factor(6)The Owner will evaluate the entire Proposal and proposed Work units and compare these with the Owner's estimate of the Detailed Scope of Work to determine the reasonableness of approach,including the nature and number of Work units proposed.The Owner will determine whether the Contractor's Job Order Price Proposal is in line with its own estimate. (7)After using a non-prepriced item on three separate Job Orders,the unit price for the work item will be established, following approval by the Owner,and fixed as a permanent pre-priced item,which will no longer require price justification. (8)The Owner's determination as to whether an item isa Prepriced Task ora Non-Prepriced Task shall be final,binding and conclusive as to the Contractor. (9)Whenever,because of trade jurisdiction rules or small quantities,the cost of a minor task in the Job Order Price Proposal is less than the cost of the actual labor and materials to perform such task,the Owner may permit the Contractor to be paid for such task as a Non-prepriced Task,oruse Prepriced labor tasks and material component pricing to cover the actual costs incurred.Provided,however,that there is no other work for that trade on the project or other work for that trade can not be scheduled at the same time and the final charge does not exceed $1,000.00. Processing Time Limits (1)Request for Proposal Submittal.Contractor shall submit the Proposal for the Job Order to the Owner on or before the due date stated in the Request for Proposal (RFP)(14 days maximum unless otherwise specified). (2)Request for Information Submittal.Contractor shall make a thorough analysis of each Job Order and submit all Requests For Information (RFI's)within 7days after issuance of any RFP.Submission of RFI's shall in no way extend the proposal due date unless deemed necessary by the Owner. (3)Job Order Price Proposal Review.Contractor's Project Manager or agent shall be available for Job Order Price Proposal review meetings within 24 hours of being notified by the Owner (via fax,e-mail,or telephone).After review of the Job Order Price Proposal,Contractor shall remove all inappropriate line items and adjust quantities as directed by the Owner. (4)Job Order Price Proposal Modification.Only on the Contractor's second Job Order Price Proposal shall he/she be granted the opportunity to add new valid line items that may have been omitted from the first Job Order Price Proposal. Contractor shall submit a revised Job Order Price Proposal within 24 hours of Job Order Price Proposal review meeting (unless otherwise specified).Upon review of revised Job Order Price Proposal,the Contractor shall remove all line items or adjust quantities deemed inappropriate by the Owner and re-submit the Job Order Price Proposal within 24 hours.No new line items may be added to the Job Order Price Proposal.No quantities increases or added modifiers will be accepted unless agreed to by the Owner during the second Job Order Price Proposal review meeting. (5)The Owner reserves the right to reject a Contractor's Proposal or cancel a project for any reason.The Owner reserves the right to issue a Notice to Proceed to the Contractor without having a mutual agreement on a final Job Order Price,and that the Contractor will be paid by multiplying the actual quantities used by the appropriate Construction Task Catalogl Unit Price and the applicable Adjustment Factors.Non-Pre-Priced (NPP)Tasks will be priced according to the Total Cost formula set forth in Section 3.04 c2 (c)(4)of these General Conditions.The Owner also reserves the right to not award a Job Order if itis determined to be in the best interests of the Owner or the proposed cost exceeds the Owner's estimate. The Owner may perform such work by other means.In these instances,the Contractor has no right of claim to recoup Proposal expenses including but not limited to the costs to attend the Joint Scope Meeting,review the Detailed Scope of Work,prepare a Job Order Proposal (including incidental architectural and engineering services),subcontractor costs, and the costs to review the Job Order Proposal with the Owner.. 6 Unilateral Job Order -The owner reserves the right to issue Job Orders based on the Owners Job Order Price Proposal for a specified Detailed Scope of Work (0SOW). County of Fresno Page 3-4 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS (e)By submitting asigned Proposal to the Dwner,the Contractor is agreeing to accomplish the Work outlined in the Detailed Scope of Work in accordance with the Request for Proposal at the lump sum price submitted for that particular Job Order.The Contractor shall include the necessary tasks and quantities in the Job Order Price Proposal and apply the appropriate Adjustment Factor(s)prior to delivering it to the Owner.The value of the Job Order Price Proposal shall be calculated by summing the total of the calculations for each prepriced Task (Unit Price xquantity xAdjustment Factor)plus the value of all Non prepriced Tasks.The Job Order Price shall be the value of the approved Job Order Price Proposal. (f)The Owner will evaluate the entire Job Order Priced Proposal and compare these with the Owner's estimate of the Detailed Scope of Work to determine the reasonableness of approach,including the appropriateness of the tasks and quantities proposed. (g)The Contractor may choose the means and methods of construction;subject however,to the Owner's right to reject any means and methods proposed by the Contractor that: (1)Will constitute or create a hazard to the work,or to persons or property; (2)Will not produce finished Work in accordance with the terms of the Contract;or (3)Unnecessarily increases the price of the Job Order when alternative means and methods are available. (h)Each Job Order provided to the Contractor shall reference the Detailed Scope of Work and set forth the Job Order Price and the Job Order Completion Time.All clauses of this Contract shall be applicable to any Job Drders issued under this clause.Job Orders will be written on an appropriate form.The Job Order,which must be signed by the Owner,constitutes the Owner's acceptance of the Contractor's Proposal.Asigned copy will be provided to the Contractor. (i)Except in an "emergency response"the Contractor is not to proceed with any Job Order without having required permits and a Notice to Proceed (NTP)signed by the Contract Manager. (j)In the event that "immediate emergency response"is necessary,the Owner may elect to use an alternative procedure for such type of Job Orders as long as the alternative procedure is not substantially more burdensome to the Contractor than the procedure described in this section. (k)All Proposals submitted by the Contractor are valid for the duration of the Contract. c.Measurements to be Verified Before ordering any material or doing any Work,the Contractor shall verify all measurements at the site of a specific Job Order,and shall be responsible for the correctness of the measurements.No extra charge orcompensation will be allowed based on the difference between actual dimensions and the measurements indicated in the Request for Proposal. d.Contractor's Responsibility It is the Contractors'responsibility to verify any and all such items prior to submission of the Proposal.Contractors are also cautioned that any Job Order awarded is for all services or Work,as necessary,to repair,and construct the facilities covered by the Contract in accordance with all Contract terms and conditions.It shall also be the duty and responsibility of the Contractor to manage and conduct the required Work in the most effective and efficient manner possible and meet or exceed minimum critical rates or standards. In addition,the Owner will not entertain claims for additional money,when such claim is based upon a contention the Contract fails to mention a specific item or component of facility covered by the Job Order and the Work is required in the normal course of operations.For example,surfaced area repair statements may not mention culverts.However,culverts are a normal component of roads,streets,or erosion controls and are shown on plots or maps provided.As culverts are a normal component of the system,the Contractor shall be responsible for providing all necessary repair,or replacement Work or service. e.Pre-Construction Conference Before the issuance of the first Job Order under this Contract,a conference will be conducted by the Owner to acquaint the Contractor with Owner's procedures that are to be observed during the execution of the Work and to develop mutual understanding relative to the administration of the Contract. February 2015 County of Fresno Page 3-5 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS f.Computer and Communications Equipment Requirements The Contractor shall maintain atits office for its use a computer with,ata minimum,a I GHz processor and an internet connection.The Contractor shall maintain individual email accounts for each ofits project managers. g.Contractor Software License and License Fee JOCSoftware The County of Fresno selected The Gordian Group's Job Order Contracting ("JOC")Solution (Gordian JOC Solution™)for their JOC program.The Gordian JDC Solution includes Gordian's proprietary eGordian JOC applications (JDC applications)and construction cost data (Construction Task Catalogl).which shall be used by the Contractor to prepare and submit Job Order Price Proposals,subcontractor lists,and other requirements specified by the County of Fresno.The Contractor shall be required to execute Consultant's JOC System License and Fee Agreement,and pay a JOC System License fee to obtain access to Gordian's JOC Solution The Contractor's use,in whole or part,of Gordian's JOC Applications,Construction Task Catalogl and other proprietary materials provided by Gordian for any purpose other than to execute work under this Contract for the County of Fresno is strictly prohibited unless otherwise approved in writing by Gordian.The Contractor hereby agrees to abide by the terms of the following JOC System License: JOC System License Gordian hereby grants to the Contractor,and the Contractor hereby accepts from Gordian for the term of this Contract or Gordian's Contract with the County of Fresno,whichever is shorter,a non-exclusive right,privilege,and license to Gordian's proprietary JOC System and related proprietary materials (collectively referred to as "Proprietary Information")to be used for the sole purpose of executing Contractor's responsibilities tothe County of Fresno under this Contract.The Contractor hereby agrees that Proprietary Information shall include,but is not limited to,Gordian's JDC Applications and support documentation,Construction Task Catalog8 training materials and other Gordian provided proprietary materials.In the event this Contract expires or terminates as provided herein,or Gordian's Contract with the County of Fresno expires or terminates,or the Contractor fails to pay the JDC System License Fee specified in this Contract this JDC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. The Contractor acknowledges that disclosure of Proprietary Information will result in irreparable harm to Gordian for which monetary damages would bean inadequate remedy and agrees that no such disclosure shall be made to anyone without first receiving the written consent of Gordian.The Contractor further acknowledges and agrees to respect the copyrights,registrations,trade secrets,and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Contract and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to the Contractor, In the event of a conflict in terms and conditions between this JDC System License and any other terms and conditions of this Contract or any Job Order,Purchase Order or similar purchasing document issued to the Contractor by the County of Fresno,this JOC System License shall take precedence. Contractor License Fee In consideration for a non-exclusive,non-transferable,license to the Gordian JOC Solution,the Contractor shall pay Gordian a license fee ("Contractor License Fee")equal to one percent (1%)of the value of each Job Order.Purchase Order or other similar purchasing document ("Purchase Order") issued to the Contractor by the County of Fresno.The Contractor License Fee shall be included in the Contractor's overhead costs,shall not be included as an additional line item cost in Job Order Price Proposals,and shall be payable to Gordian within ten (ID)days of Contractor's receipt of each Purchase Order issued to the Contractor by the County of Fresno.Gordian is hereby declared to be an intended third-party beneficiary of this Agreement.In the event any court action is brought to enforce payment of the Contractor License Fee by any party or third-party beneficiary of this Agreement,the prevailing party shall be entitled to an award of reasonable attorneys'fees and collection costs.The Contractor shall remit the Contractor License Feeas follows: Make Checks Payable to:The Gordian Group.Inc. Mail Checks to:P.O.Box 751959 February 2015 County of Fresno Page 3-6 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS Charlotte,NC 28275-1959 Gordian may terminate this License Agreement in the event of (I)any breach of a material term of this Agreement by the Contractor which is not remedied with in ten (10)days after written notice to the breaching party;or (2)the other party's making an assignment for the benefit of its creditors, or the filing by or against such party of a petition under any bankruptcy or insolvency law,which is not discharged within thirty (30)days of such filing. 3.05 INTENT OF CONTRACT DOCUMENTS Some of the Work may require the Contractor to work in in-patient care facilities.The intent Contract Documents will be to construct or reconstruct the hospital facilities for an individual Job Order in accordance with Title 24.California Code of Regulations.Should any conditions develop not covered by the contract documents wherein the completed work will not comply with said Title 24,California Code of Regulations,the Owner shall develop a Job Order detailing specifying any required work and will submit itto DSHPD for approval prior to proceeding with the work. 3.06 BUILDING PERMIT The Contractor shall be responsible for all fees and costs incurred in connection with obtaining permits;however,the Owner will reimburse the Contractor for the actual cost of the permit or inspection fees,as part of the Job Order,with no additional allowance for overhead and profit. 3.07 CODES AN0 REGULATIONS All work,materials,and equipment shall be in full compliance with the 2013 edition of the California Building Code;California Plumbing Code;California Electrical Code;Cal/OSHA Safety Regulations;and all Federal,State and Local laws,ordinances,regulations,and Fresno County Charter Provisions applicable in the performance of the work. 3.D8 COORDINATION DF WORK The Contractor shall coordinate all work with the Owner to minimize any interruptions to the normal operation of County operations;particularly interruptions to air conditioning,electrical services,alarm system,communications,and computer systems. 3.09 WORKDAY All work shall be set forth as part of the Job Order, Saturday and Sunday work will not be allowed except by written approval of the Owner,and upon 48 hours advance notice.Payment requirements for shift differential and overtime shall be assetforth in the Collective Bargaining Agreement for the trade,on file with the State Department of Industrial Relations,Division of Labor Statistics and Research.Bidders and contractors are urged to contact the Prevailing Wage Unit at 415/557-0561 or 415/703-4281 for information on these requirements. 3.10 SCHEDULE OF OPERATION Time is of the essence in the performing of any Job Order under this Contract.The Contractor shall schedule the work in a manner that will progress to completion without interruption. 3.11 COOPERATION BETWEEN CONTRACTORS a.If separate Contracts are let for Work within or adjacent to the Project site as may further be hereinafter detailed in the Contract Documents,the Contractor shall conduct his Work so as not to interfere with or hinder the progress of completion of the Work being performed by other contractors. b.The Contractor shall assume all liability,financial or otherwise,in connection with this Contract,and shall protect and hold harmless the Owner from any and all damages or claims that may arise because of inconvenience,delay,or loss experienced by the Contractor because of the presence and operations of other contractors working within the limits of the same improvement. The Contractor shall assume all responsibility for all Work not completed or accepted because of the presence and operations of other contractors. c.The Contractor shall arrange the Work and placement and disposal of the materials being used,so as not to interfere with the operations of other contractors within or adjacent tothe limits of the Project site.The Contractor shall join the Work with that of others in an acceptable manner and shall perform it in proper sequence to that of others. February 2015 County of Fresno Page 3-7 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS 3.12 TEMPORARY FACILITIES a.Water and Electricity:Contractor may connect to existing water and electricity available on the site provided it is suitable to the Contractor's requirements.Water and electricity used will be paid by the Owner.Contractor shall bear all expenses for carrying the water or electricity to the appropriate locations and to connect or tap into existing lines.Contractor shall furnish fuel and other power for the operation of the heavy equipment,pneumatic tools and compressors. b.Toilet Facilities maybe available on the site to the workmen engaged in the performance of the contract.The use of such facilities may be revoked in the event of excess janitorial requirements oratthe discretion of the County. 3.13 FIRE PROTECTION AND FIRE INSURANCE Contractor shall not perform any fire hazardous operation adjacent to combustible materials.Any fire hazardous operation shall have proper fire extinguisher close by and the adjacent area shall be policed before stopping work for the day. Contractor shall provide not less than one OSHA /NFPA Class 10-ABC fire extinguisher for each 9,000 square feet of project area or fraction thereof. 3.14 DUST SEPARATION AND PROTECTIVE BARRICADES When directed as part of an individual Job Order,the Contractor shall erect temporary dust separation partitions and floor mats as necessary to confine dust and debris within area of work.Contractor shall post signs,erect and maintain barriers and warning devices for the protection of the general public and Owner personnel. The Contractor shall provide adequate protection for all parts of the present buildings and its contents and occupants wherever work under this contract isto be performed. The Contractor shall observe that the health and welfare of occupants of the existing buildings may be affected by noises and fumes produced by the construction.Insofar as is possible,loud and unnecessary noise is to be avoided and noise producing work should be performed as far away from occupied areasasis consistent with the efficient conduct ofthe work. 3.15 DAMAGE TO EXISTING WORK Damage to existing construction,equipment,planting,etc.,by the Contractor in the performance of his work shall be replaced or repaired and restored to original condition by the Contractor at the Contractor's expense. 3.16 PROTECTION OF ALARM,SECURITY.COMMUNICATIONS.AND COMPUTER SYSTEMS The Contractor shall be responsible for all costs incurred by the Owner on these systems as a result of work by the Contractor or damage caused by the Contractor's operations,including costs associated with false fire alarms caused by Contractor operations. 3.17 SECURITY Security provisions will be strictly enforced.All parties who are required to perform their individual services at the site shall be limited to the area required to complete the work.Such access shall be obtained by notification to the Facilities Services Manager or his designee,of the time and place, prior to commencing the work. All keys used during construction shall be numbered.Each key issued shall be recorded and its prompt return shall be strictly enforced.Duplication of any keys issued is strictly prohibited.These keys shall be returned to the Owners representative at the end of each working day.when required. Some of the Projects to be done under this Contract may be in secured facilities such as jails.Prior to commencement of work,the Contractor, including all Subcontractors and Vendors,shall obtain security clearances for all employees that will be working or making deliveries to the sites. When work is performed in secured facilities,it is incumbent upon all Contractors to alert all workmen of the necessity for extreme care in accounting for.and keeping all areas free of any and all types of hand tools,power tools,small parts,scrap material,and all other materials which might be concealed upon the person of an inmate/ward/patient,at all times when such tools and materials are not used for the task at hand. Each work area shall be kept clean and in order both during working hours and at the completion of the working day. February 2DI5 County of Fresno Page 3-8 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS 3.18 PARKING The Owner will provide parking spaces atthe project site when parking is available.Contractor shall not rely on Owner to provide parking. 3.19 RECORD DRAWINGS The Contractor shall be provided with xerox bond prints at no cost,upon which a record of all changes to the project plans shall be made.As the work progresses,the Contractor will be responsible for and shall maintain a record of all deviations in the mechanical,electrical,plumbing and other work from that indicated on the plans.As a condition for considering the project complete,the record drawings must be delivered tD the Resident Engineer, and deemed acceptable. 3.20 GUARANTEE/WARRANTY RESPONSE Attention is directed to General Conditions Section 2.14 "Guarantee Of Work",the Guaranty in the Bid. In lieu of any time limits imposed or implied by the above referenced contract documents or stated in standard product warranties or special warranties,the Contractor shall respond within 24 hours to notice from the Owner that repairs or changes are required in connection with guaranteed work or equipment within the guarantee period. 3.21 TRENCHING AND EXCAVATION In accordance with Section 7104 of the California Public Contract Code,the following provisions shall apply to any contract involving digging of trenches or other excavations that extend deeper than four feet below the surface: a.The contractor shall promptly,and before the following conditions are disturbed,notify the Owner,in writing,of any: 1.Material that the contractor believes may be material that is hazardous waste,as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I,Class II.or Class III disposal site in accordance with provisions of existing law. 2.Subsurface or latent physical conditions at the site differing from those indicated. 3.Unknown physical conditions at the site of any unusual nature,different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Job Order. b.The Owner shall promptly investigate the conditions,and if itfinds that the conditions do materially so differ,or do involve hazardous waste, and cause a decrease or increase in the contractor's cost of,orthe time required for,performance of any part of the work,shall issue an additional Job Order in accordance with the provisions of Section 2.12 of the General Conditions. c.In the event that a dispute arises between the Owner and the contractor whether the conditions materially differ,or involve hazardous waste,or cause a decrease or increase in the contractor's cost of.or time required for,performance of any part of the work,the contractor shall not be excused from any scheduled completion date provided for by the contract,but shall proceed with all work to be performed under the contract.The contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 3.22 ASBESTOS CONTAINING MATERIAL (ACM) When the Job Order requires the Contractor not to remove ACM.the contractor shall exercise caution when working around ACM to prevent the release ofACM into the atmosphere. If damage to ACM results in release of airborne asbestos fibers to the atmosphere,then control measures required by Federal and State regulations must be instituted at the Contractors expense. Any ACM damaged by the Contractor's operations shall be repaired at the Contractor's expense in accordance with applicable Federal,State and local laws and regulations. When the Job Order requires the removal of ACM.the Contractor shall remove,transport,and dispose of either non-friable ACM or less than 100 square feet of friable ACM in accordance with Federal,State and local statutes and regulations. The Contractor shall furnish project notification documents,employee information,equipment certifications,material specifications and samples, February 2DI5 County of Fresno Page 3-9 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS project work plan and air monitoring plan,and other project submittals or documentation as required by statute or regulation. The methods for removal and disposal of either non-friable ACM or friable ACM selected by the Contractor shall be approved by the Owner before commencing removal operations.If,during the course of removal operations,the Dwner determines that removal methods used by the Contractor result or may result in releasing airborne asbestos fibers to the atmosphere,the Contractor shall immediately cease his current ACM removal operations and propose a new method for removal of ACM for the approval of the Owner. If removal of ACM results in release of airborne asbestos fibers to the atmosphere,then control measures required by Federal and State regulations must be instituted at the Contractors expense. Work area air monitoring may be required for individual Job Orders,at the discretion of the Owner.Work area air monitoring shall be paid for by the Contractor. The Engineer reserves the right to require the Contractor,at the Contractors expense,to utilize a contractor certified by the Contractors State License Board and registered with the Division of Occupational Safety and Health to remove and dispose of ACM,if,in the opinion of the Engineer based on the Contractor's performance of ACM removal,only a certified and registered contractor would possess the technical skills and resources required to remove the ACM, At the Contractor's option,removal and disposal of non-friable ACM or friable ACM where removal and disposal may result in release of airborne asbestos fibers to the atmosphere may be subcontracted to a contractor certified by the Contractors State License Board and registered with the Division of Occupational Safety and Health. 3.23 Right to Audit All Accounting Records -The Contractor shall make available to the Owner for auditing,all relevant accounting records and documents,and other financial data,and upon request,shall submit true copies of requested records to the Owner. Requests for Change and Claims -If the Contractor submits a Request for Change ora claim to the Owner,the Owner shall have the right to audit the Contractor's books to the extent they are relevant. Audit Right Includes -This right shall include the right to examine books,records,documents,and other evidence and accounting procedures and practices,sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred andfor which the claim has been submitted. Right To Inspect Plans -The right to audit shall include the right to inspect the Contractor's plans,or such parts thereof,as may be or have been engaged in the performance of the Work. Right To Audit Subcontractors -The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors.The rights to examine and inspect herein provided for shall be exercisable through such representatives as the Owner deems desirable during the Contractor's normal business hours at the office ofthe Contractor. February 2DI5 County of Fresno Page 3-10 EFFECTIVE DATE:12-18-89 REVISED:08-06-90,12-25-94,05-06-96,09- 01-99,12-01-10 APPROVED BY:Sheriff M.Mims BY:Assistant Sheriff T.Gattie AUTHORITY:California Code of Regulations,Title 15,Section 1029(a)(7)(B)and Penal Code Section 236. PURPOSE: The purpose ofthis policyis to establish procedures which provide for the resolution of a hostage-taking incident while preserving the safetyof staff,public,inmates,and hostages, and maintaining facility security. POLICY: The Fresno County Sheriffs Office Jail Division maintains a NO HOSTAGE FACILITY and will not consider bargaining with hostage takers for ANY reason. It is the policy ofthe Fresno County Sheriffs Office Jail Division that once any staff member is taken hostage, they immediately lose their authority and any orders issued bythat person will not be followed regardless of their rank or status. It isthe policy ofthe Fresno County Sheriffs Office Jail Division that the primary responsibility of allstaff members in a hostage situation is to protect every person involved,ifpossible, from serious injury or death. PROCEDURES: '•DEFINITION Hostage Situation:any staff member, citizen or inmate held against their will byanother person for the purpose of escape,monetary gain or any reason which may place an individual in danger of losing life or suffering serious injury. II.NOTIFICATIONS.CONTAINMENT AND CONTROL OF THE SITUATION A.Emergency procedures and notificationsshall be implemented as per Emergency Planning procedures (B-101/FILE: EMERGENCY). B. The Watch Commander will notify the Patrol Watch Commander and apprise them of the incident. The Patrol Watch Commander may be requested to activate the Crisis Negotiations Team (CNT),outside support agencies,equipment,personnel,and dispatch a detective to the scene for the crime report. III.DURING NEGOTIATIONS A.While at the scene,the CNT members will conduct all verbal or written communications between the hostage taker(s) and the IncidentCommander. CNT will immediately notify the Incident Commander of any changes inthe following situations: 1.Hostage status 2.Incident changes and developments 3.Hostage taker demands 4. Any and all pertinent information concerning the incident B.Staffmembers at the scene not actively involved with negotiations will notact orspeak out to the hostage taker(s)or hostages. C. The Tactical Commander will formulate a planto take the necessary actions, usingthe appropriate force, to terminate the hostage situation in the event negotiations fail. Hostage safety will be of paramount concern. IV.HOSTAGE SURVIVAL STRATEGIES rSRCH A.If taken hostage, itis important to make the transition from being a victim to beinga survivor. The following are not strict rules that must be rigidly followed,but rather general guidelines.There will always be exceptions. 1.Regain/maintain composure.Try to be calm,focused and clear-headed at all times. Do not stand out from other hostages.Drawing unnecessary attention increases the chance of being singled out and victimized. 2. Maintain a low-key,unprovocative posture.Overt resistance is usually counterproductive in a hostage situation. a. Remain calm and follow instructions. Comply withthe hostage takers when at all possible. b. Be stoic. Maintainan outward face of acceptance of adversity with dignity. Avoid open displays of cowardice and fear.Inmates will view frailtyand feebleness as weakness,which may lead to victimization. c. Do not antagonize,threaten or aggravate the hostage takers.Avoid saying "no",or arguing withthe hostage takers. Do not act authoritative. The hostage takers must make it known that they are in charge. d.Eye contact may be regarded as a challenge;make eye contact with the hostage takers sparingly. e. Fight off basic instincts,such as anger and hostility. Be polite and remain alert. Speak normally and don't complain. 3.Hostages should try to establish a level of rapport or communication with their captors in attempt to get the captors to recognize them as human beings. a. Find a mutual ground,an association with the hostage takers.Foster communication on non-threatening topics (e.g.,family,hobbies,sports, interests). b.Use the captors'first names,ifknown.However,if hostage takers are attempting to conceal their identity, do not give any indication that they are recognized. c. Listen actively to the captors'feelings and concerns,but never praise, participate in, or debate their "cause".If they want to talk about their cause,act interested in their viewpoints.Avoid being overly solicitous,which may be viewed as patronizing or insincere. d. Do not befriend the inmates;such an attempt will likely result in exploitation. e. Try asking for items that will increase personal comfort.Make requests in a reasonable,low-key manner. 4.Be prepared to be isolated and disoriented. a. Do not talk to other hostages.The hostage takers may think a plot is being formed. b. Develop mind games to stimulate thinking and maintain mental alertness. 5. Be tolerant of fellow hostages.Just as each person has different reactions to stress,each individual will have different methods of coping as a hostage.Some methods are not effective and may endanger the group, or be annoying to other hostages (e.g.,constant talking). Tryto help these people cope inother ways. 6.Gather intelligence.Hostages should take in and store as much detail,about their captors as possible without drawing attention to their efforts.Make mental notes and attempt to gather the following information: identification of the ring leader,the number of hostage takers,the type of weapons they are using, their tactics, location within the area,etc. 7. Maintain hope.Depending on the circumstances,resolution of hostage situations can be a lengthy process. B.Stay away from doors and windows through which rescue teams may enter or shoot. If a rescue is attempted,drop to the floor and keep hands in view. C. If there is a chance to escape,the hostage should be certain of their success. 1.Balance the likely payoff of any behavior with the possible consequences.Hostage takers may use violence or death to teach a lesson. 2.Realize that Central Control will not open any doors for anyone. D.Hostages should be aware of the "Stockholm Syndrome",whereby hostages begin to show sympathy toward their captors.Hostages who develop Stockholm Syndrome often view the captor as giving life by simply not taking it.Such hostages often misinterpret a lack of abuse as kindness and may develop feelings of appreciation for the perceived benevolence.[SRC21 fSRCH Various sources,but the best was "Survival Tipsif YouAre TakenHostage"by Tracy E.Barnhart, published 07-27-09 (www.corrections.com) \SRC2}"Understandina Stockholm Syndrome"FBI Law Enforcement Bulletin, July 2007. SAMPLE AGREEMENT This Sample Agreement is provided for illustration purposes only.The details in the actual Agreement may vary from the details in this sample. Request for Quotation No.910-5249 AGREEMENT SAMPLE AGREEMENT This AGREEMENT ("Agreement)is made and entered into this 13th day of March,2012,by and between the COUNTY OF FRESNO,a political subdivision of the State of California,hereinafter "COUNTY",and Durham Construction Company,Inc.,hereinafter "CONTRACTOR". and WHEREAS,the COUNTY has a need for the Job Order Contracting services; WHEREAS,the CONTRACTOR is qualified and willing to perform said services. NOW,THEREFORE,the partiesagreeas follows: WITNESSETH: This AGREEMENT shall establish a competitively bid,fixed price,indefinite quantity,Job Order Contract.The scope of work to be performed pursuant to this Agreement includes a comprehensive listing of detailed repair and construction tasks and specifications that have pre-established units of measure and Unit Prices listed in a Construction Task Catalog®No.developed for the COUNTY by the Gordian Group.The work under this AGREEMENT shall be carried out pursuant to individual Task or Job Orders and shall involve the repair,alteration,modernization,maintenance,rehabilitation, reconstruction,or construction of public buildings,streets,utilities,and other public works. The obligations of all parties under this Agreement shall beasset forth in this Agreement and detailed in COUNTY'S Request for Quotation No.„COUNTY'S Addendum No. Request for Quotation No.910-5249 thereto and CONTRACTOR'S Response to Request for Quotation No..,allofwhichare attached hereto as Exhibits , , and ,respectively and incorporated hereinby reference.All capitalizedterms used in this Agreement shall have the meanings attached to them as set forth in COUNTY'S Request for Quotation No. . I.OBLIGATIONS OF CONTRACTOR A.CONTRACTOR agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, material-men, subcontractors, artisans, machinists, teamsters, day men and laborers required for completing specific Job Orders as directed by COUNTY. B. In accordance with the provisions of Section 1770 of the Labor Code, the Director of the Departmentof IndustrialRelationsof the State of Californiahas determinedthe general prevailingrates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.8,apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done. Said wages are on file with the Clerk of the Board of Supervisors, Room 301, Hall of Records, Fresno, California, and are incorporated herein by reference. It shall be mandatory upon the CONTRACTOR herein and upon any subcontractor to pay not less than the said specified rates to all laborers, workmen and mechanics employed by them in the execution of the Contract. CONTRACTOR shall comply with Labor Code Section 1775.In accordance with said Section 1775, the CONTRACTOR shall forfeit as a penalty to the COUNTY $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by CONTRACTOR or by any Request for Quotation No.910-5249 subcontractor under CONTRACTOR in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780,inclusive.In addition to said penalty and pursuant to said Section 1775,the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall bepaidtoeach workman bythe CONTRACTOR. The CONTRACTOR and each subcontractor shall keep or cause to be kept an accurate record showing the names and occupations of all laborers,workmen and mechanics employed by him in connection with the execution of the Contract or any subcontract thereunder,and showing also the actual per diem wage paid to each of such workers,which records shall be open at all reasonable hours to inspection by the COUNTY,its officers and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. CONTRACTOR and any subcontractor under CONTRACTOR shall also comply with the provisions of Section 1777.5 and Section 1777.6 of the Labor Code concerning the employment of apprentices. C. It is further understood andagreedthat, in accordance with the provisions of Sections 1810 to 1815 of the Labor Code of the State of California,eight (8)hours labor shall constitute a day's work, but because this is a contract for public work,work performed by employees of the CONTRACTOR and each Sub-Contractor in excess of eight (8)hours per day,and forty (40)hours in any one week, shall be permitted upon compensation for all hours worked in excess of eight (8)hours per day at not less than one and one-half (1 1/2)times the basic rate of pay.The CONTRACTOR and each subcontractorshall keep an accurate record showingthe names and actual hours worked of all workers employed by him in connection withthe work contemplated by this Agreement,which record shall be open at all reasonable hours to the inspection ofthe COUNTY or its officer or agents and to the Chief ofthe Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations,his Request for Quotation No.910-5249 deputies or agents.It is hereby further agreed that said CONTRACTOR shall forfeit as a penalty tothe COUNTY the sum of twenty-five dollars ($25)for each laborer,workman employed by CONTRACTOR or any subcontractor under CONTRACTOR,foreachcalendardayduringwhichsuch laborer or workman is required or permitted to labor more than eight (8) hours in violation of this stipulation. The Boardof Supervisors hereby specifies that portions of the workcan only be performed outsidethe regular working hours as defined in the applicable collective bargaining agreement filed with the Director of Industrial Relations in accordance with Labor Code Section 1773.1,and that the overtime requirements for Saturdays, and holidays are hereby waived for these portions of the work, as more particularly described in the specifications.However,this exemption shall not negate the overtime provisions specified in Labor Code Section 1815. D. All agreements between the CONTRACTOR,Sub-Contractors,and Sub-Contractors of lower tier shall be subject to the approval of the COUNTY.In no case does such approval relieve the CONTRACTOR of any conditions imposed by the Contract Documents.Sub- Contractors may be added,deleted or substituted only in accordance with the provisions of Public Contract Code Section 4100 et seq. CONTRACTOR shall bind every Sub-Ccntractor by the terms of the Contract Documents to carry out their provisions insofar as applicable to their work; and the CONTRACTOR further agrees to pay to each Sub-Contractor promptly upon issuance of Certificate of Payment, his/her or their due portion. Neither the acceptance of the name of Sub-Contractor nor the suggestion of such name nor any other act of the COUNTY nor anything contained in any Contract Document shall be construed as creating any contractual relation between the COUNTY and any Sub-Contractor of any tier. Request for Quotation No.910-5249 The COUNTY reserves the rightto rejectanyproposed Sub-Contractor,installer,or supplier who cannot show satisfactory evidence of meeting the qualifications required by the Contract Documents. In the event of such rejection, the CONTRACTOR shall, within the time frame listed for submittal of revised Proposals, submit the name and qualifications of a replacement Sub-Contractor, installer or supplier satisfactory to the COUNTY. Such replacement submittal shall be in accordance with all Contract Documents. No adjustment of Job Order Price Proposal shall be made in the event of such replacement. Whenan individualJob Order utilizesFederal Funds and the Countyelects to require Disadvantaged Business Enterprise (DBE)participation,the CONTRACTOR shall follow the Federal Good Faith Effort requirements for inclusion of DBE Sub-Contractors and suppliers. II.OBLIGATIONS OF THE COUNTY a The COUNTY will identify projects and their intended results and will work with CONTRACTOR to develop scope and specifications. b The COUNTY will issue a Notice to Proceed for each Job Order and issue any required subsequent Job Orders for each Project. c The COUNTY will provide inspection and acceptance of the work. III.TERM The term of this Job Order Contract is either for one year or when issued Job Orders totaling the Maximum Contract Value have been completed,whichever occurs first. All Job Orders must be issued, but not necessarily completed within one calendar year of the commencement date of this Agreement as set forth on page one. Request for Quotation No.910-5249 IV.TERMINATION a. Non-Allocation of Funds - The terms of this Agreement,and the services to be provided thereunder, are contingent on the approval offunds bythe appropriatinggovernment agency.Should sufficient funds not be allocated,the services provided may be modified, or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30)days advance written notice. b Breach of Contract -The COUNTY may immediately suspend or terminate this Agreement in whole or in part,where in the determination of the COUNTY there is: 1.An illegal or improper use of funds; 2. A failure to comply with any term of this Agreement; 3. A substantially incorrect or incomplete report submitted to the COUNTY; 4.Improperly performed service. Innoeventshallanypaymentbythe COUNTY constitute a waiverbythe COUNTY of any breachofthis Agreementor anydefaultwhichmaythen existonthe partof the CONTRACTOR.Neither shallsuchpaymentimpairor prejudice any remedy available to the COUNTY withrespecttothe breach or default.The COUNTY shallhavethe righttodemandofthe CONTRACTOR the repayment to the COUNTY ofany funds disbursed to the CONTRACTOR underthis Agreement,whichinthejudgmentof the COUNTYwere notexpendedinaccordancewith the termsofthis Agreement.The CONTRACTOR shall promptly refund any such funds upon demand. Request for Quotation No.910-5249 c Without Cause - Under circumstances other than those set forth above, this Agreement maybe terminated by COUNTY upon the giving of thirty (30)days advance written notice of an intention to terminate to CONTRACTOR. V.COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation foreach Job Order in accordance with the CONTRACTOR'S AdjustmentFactors stated on the Bid Schedule set forth in CONTRACTOR'S Response to Request forQuotation No.912-5097,which are as follows: Normal Working Hours Adjustment Factor Otherthan Normal Working HoursAdjustment Factor Federal Normal Working Hours Adjustment Factor Federal Otherthan Normal Working HoursAdjustment Factor The MinimumContractValue is$25,000(twenty-fivethousanddollars).The CONTRACTORwill receive the opportunity to perform Job Orders totaling a minimum of $25,000 during the Contract term. The Maximum Contract Value is $2,000,000 (one million dollars).The Maximum Contract Value may be increased by upto the sum authorized by Public Contract Code Section 20128.5 (currently approximately $4,500,000).Any increase inthe Maximum Contract Value will beby mutual agreement. At notime maythe sumof the outstandingJob Ordersexceedthe amountofthe PaymentBondand Performance Bond. AJobOrderis outstanding until theCOUNTYhas accepted the work described inthe Request for Quotation No.910-5249 Job Order by execution of a Notice of Completion. CONTRACTOR will not be issuedJob Orders which intotalexceedthe Maximum Contract Value.TheCOUNTYdoesnot guarantee the CONTRACTOR will receiveJob Orderstotaling the Maximum Contract Value. CONTRACTORshallsubmitmonthlyinvoicesperJob Order intriplicateto the Countyof Fresno, Facility Services. In no event shall services performed under this Agreement be in excess of the Maximum Contract Value during the term ofthis Agreement.It is understood that all expenses incidentalto CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. VI.LIQUIDATED DAMAGES: It is understood andagreedbybothpartiesto theContractthat incaseallthe Work specified or indicated inthe ContractDocumentsisnotcompletedwithinthe specifiedtime framessetforth intheJob Order,orwithinsuchtime limitsas extended,damageswill be sustainedbythe COUNTY inthe eventof and by reasonof such delay. It is,and will be, impracticaland extremely difficult to determine the actual damagewhichthe COUNTYwill sustainby reasonofthe delay. It isthereforeagreedthatthe CONTRACTOR will pay, at a minimum, to the COUNTY the sum of money stipulated per day in the Job Order foreach day's delay incompleting the work beyondthe time prescribed. Application of Liquidated Damages and the value of liquidated damages will be determined by the County on a Job Order by Job Order basis.Each Job Order will state whether Liquidated Damages will be applied. COUNTY may withhold Liquidated Damages from payments to the CONTRACTOR as such damages accrue,or, at COUNTY'S discretion,withhold Liquidated Damages from any payments due or that become due pursuant to the Contract,including Retention and final Request for Quotation No.910-5249 payment (pursuant to California Government Code §53069.85).A credit Job Order shall be executed to assess liquidated damages. VII.INDEPENDENT CONTRACTOR: In performance ofthe work,dutiesand obligations assumedby CONTRACTOR underthis Agreement,it ismutuallyunderstoodand agreedthat CONTRACTOR,includingany and all ofthe CONTRACTOR'S officers,agents,employees and subcontractors willat alltimesbeactingand performing asan independent contractor,andshallact inan independent capacity andnotas an officer, agent, servant, employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shallhavenorightto control or supervise ordirectthe manneror method bywhich CONTRACTOR shall perform itsworkand function.However,COUNTY shallretainthe righttoadministerthis Agreement so asto verify that CONTRACTOR is performing itsobligations inaccordance with the terms and conditions thereof. CONTRACTOR and COUNTYshall comply with all applicable provisions of law and the rules and regulations,ifany, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor,CONTRACTOR shall have absolutely no rightto employment rights and benefits available to COUNTY employees.CONTRACTOR shall be solely liableand responsible for providing to, or on behalf of, its employees all legally-required employee benefits.Inaddition,CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all other regulations governing such matters.It is acknowledged that during the term ofthis Agreement,CONTRACTORmay be providing services to others unrelated to the COUNTY or to this Agreement. Request for Quotation No.910-5249 VIII.MODIFICATION: Any matters ofthis Agreement may be modified fromtimeto timebythe writtenconsentofallthe partieswithout, in any way, affectingthe remainder. IX.DISCREPANCIES: Should the CONTRACTOR, at any time, discover a mistake in any of the Contract Documents orany discrepancy thereinor lackof appropriate information,the CONTRACTOR shallnot proceed with the work affected thereby until such correction has been made. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1) Permits from other agencies as may be required by law. 2)Permits issued by the COUNTY. 3)Changes to Job Orders 4) Job Orders 5)Agreement 6)CONTRACTOR'S Bid 7)Addenda 8)General Conditions 9)Technical Specifications 10)Construction Task Catalog® 11)Reference Specifications 12)Instruction to Bidders 13)Notice Inviting Bids Request for Quotation No.910-5249 X.NON-ASSIGNMENT: Neither COUNTY nor CONTRACTOR shall assign,transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. XI.HOLD HARMLESS: CONTRACTOR agrees to indemnify,save,hold harmless,and at COUNTY'S request,defend the COUNTY,its officers,agents,and employees from any and all costs and expenses,damages,liabilities, claims,and losses occurring or resulting to COUNTY in connection with the performance,or failure to perform,by CONTRACTOR,its officers,agents,employees or subcontractors under this Agreement,and from any and all costs and expenses,damages,liabilities,claims,and losses occurring or resulting to any person,firm,or corporation who may be injured or damaged by the performance,or failure to perform, of CONTRACTOR,its officers,agents,or employees under this Agreement. XII.INSURANCE Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR orany third parties,CONTRACTOR,at itssole expense,shall maintain in full force and effect, the following insurance policies or a programofself-insurance,including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA)throughoutthe term ofthe Agreement: a.Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence and an annualaggregate of Two Million Dollars ($2,000,000).This policy shallbe issued on a per occurrence basis.COUNTY may require specific coverages including completedoperations, products liability,and contractual liability,Explosion-Collapse- Underground,fire legal liability or any other liability insurance deemed necessary because ofthe nature of this contract. Request for Quotation No.910-5249 b Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand Dollars ($500,000.00)per accident and forproperty damages ofnot less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in connection with this Agreement. c Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.)in providing services,Professional Liability Insurance with limitsof not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars($3,000,000.00) annual aggregate. d Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno,its officers,agents,and employees,individually and collectively, as additional insured,but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance,maintained by COUNTY, its officers,agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein.This insurance shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given to COUNTY. Within Thirty (30)days from the date CONTRACTOR signs and executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as required herein,to the County of Fresno,(Name and Address of the officialwho will administer this contract),stating that such insurance coverage have been obtained and are in full force;that the County of Fresno,its officers,agents and employees will Request for Quotation No.910-5249 notbe responsibleforany premiums on the policies;that such Commercial General Liability insurance names the Countyof Fresno, its officers,agents and employees,individually and collectively,as additionalinsured, but onlyinsofaras the operations under this Agreement are concerned; that such coverage foradditionalinsured shall apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY,its officers,agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein; and that this insurance shall not be cancelled or changed withouta minimum of thirty (30)days advance,written notice given to COUNTY. In the event CONTRACTORfailsto keep ineffect at alltimes insurance coverage as herein provided, the COUNTY may, inaddition to other remedies itmay have,suspend or terminate this Agreement upon the occurrence of such event. All policies shall be issued by admitted insurers licensed to do business in the State of California,and such insurance shall be purchased from companies possessing a current AM.Best,Inc.rating of A FSC VII or better. e.All-Risk Insurance On The Work Contractor shall procure and maintain at Contractor's sole cost and expense, Builders Risk Course of Construction insurance,including fireand vandalism coverage,covering the entire work (including any County furnished material and equipment)against loss or damage until completion and acceptance by the County.Such insurance shall be for each Job Order in an amount up to the value of each Job and endorsed for broad form property damage,breach of warranty,demolition costs,and debris removal.Deductible not exceeding 5% of the cost will be permitted. Said policyto cover Contractor,Contractor's subcontractors,the County, its agents, the awarding entity,and any Trustee,under the indenture or trust agreement securing the bonds,certificates of participation,or other evidences of indebtedness issued to finance the work contemplated herein.The value of the policy shall be in U.S.currency. Request for Quotation No.910-5249 f.Bonds Payment Bondand Performance Bonds will be in place for all Job Orders in an amount equal to the sum of any outstanding Job Orders. CONTRACTOR shall ensure that any subcontractors or other agents used in fulfilling the terms and obligations of this Agreement shall have the same level of insurance and indemnification required of CONTRACTOR. CONTRACTOR shall obtain endorsements tothe Commercial General Liability insurance naming the County of Fresno,its officers,agents,and employees,individually and collectively, as additional insured,but only insofar as the operationsunderthisAgreementare concerned. Suchcoverage for additional insured shall apply as primary insurance and anyother insurance, or self-insurance,maintained by COUNTY,its officers,agents and employeesshallbe excess only and not contributing with insurance provided under CONTRACTOR'S policies herein.This insurance shall notbe cancelled orchanged without a minimum of thirty (30)days advance written notice given to COUNTY. Within Thirty (30)days from the date CONTRACTOR signsand executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all ofthe foregoing policies,as required herein,tothe County ofFresno,(in compliance with the Notices section below),stating that such insurance coverages have been obtained and are in full force;thatthe County ofFresno, its officers,agents and employees will notbe responsible for any premiumson the policies;that such Commercial General Liability insurance names the County of Fresno,its officers,agents and employees,individually and collectively,as additional insured, butonlyinsofar as the operations under this Agreement are concerned;that such coverage for additional insured shall applyas primary insurance and any other insurance, or self-insurance,maintained by COUNTY,its officers,agentsand employees,shall beexcess only Request for Quotation No.910-5249 and not contributing with insurance provided under CONTRACTOR'S policies herein;and that this insurance shall notbe cancelled orchanged without a minimum of thirty (30)days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effectat all times insurance coverage as herein provided,the COUNTY may,in addition to other remedies it may have,suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California.Insurance purchased shallbe purchased from companies possessing a current A.M. Best,Inc.rating of A FSC VII or better. XIII.AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,and as often as the COUNTY may deem necessary,make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement.The CONTRACTOR shall,upon request by the COUNTY,permit the COUNTY toauditand inspect allof such records anddata necessary to ensure CONTRACTOR'S compliancewiththe terms of this Agreement. If this Agreement exceeds ten thousand dollars ($10,000.00),CONTRACTORshall be subject to the examinationand audit ofthe Auditor General fora periodofthree (3)years after final payment under contract (Government Code Section 8546.7). XIV.NOTICES: The persons andtheir addresses having authority to giveand receive notices under this Agreement include the following: COUNTY CONTRACTOR COUNTY OF FRESNO Facility Services Manager 4590 E. Kings Canyon Fresno,CA 93602 Request for Quotation No.910-5249 Anyandall notices between the COUNTY andthe CONTRACTOR provided foror permitted under this Agreement orbylaw shall bein writing and shall be deemed duly served when personally delivered tooneofthe parties,or in lieuof such personal services,when deposited inthe United States Mail,postage prepaid,addressed to such party. XV.GOVERNING LAW: Venue forany action arising outofor related to,this Agreement shallonlybe in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Agreement shall be governed in all respects by the laws of the State of California. XVI.DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision isonly applicable ifthe CONTRACTOR is operating asa corporation (a for-profit or non-profit corporation)or ifduringtheterm of thisagreement,the CONTRACTORchanges itsstatusto operate as a corporation. Members ofthe CONTRACTOR'S Board of Directors shall disclose any self-dealing transactions that they are a party to whileCONTRACTOR 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 Request for Quotation No.910-5249 interest. Members ofthe Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit D and submitting itto the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. XVII.ENTIRE CONTRACT: This Agreement constitutes the entire Contract between the CONTRACTOR and COUNTY with respecttothe subjectmatter hereofand supersedesall previous Contract negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included inthis Agreement. Request for Quotation No.910-5249 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the day and year first hereinabove written. COUNTY: COUNTY OF FRESNO By_ Deborah A. Poochigian Chairman, Board of Supervisors ATTEST:BERNICE E.SEIDEL,CLERK BOARD OF SUPERVISORS BY Deputy APPROVED AS TO LEGAL FORM: KEVIN B.BRIGGS,COUNTY COUNSEL By_ Deputy APPROVED AS TO ACCOUNTING FORM: VICKI CROW,C.P.A. AUDITOR-CONTROLLER/TREASURER- TAX COLLECTOR By_ RECOMMENDED FOR APPROVAL: By_ By_ Robert Bash,Director of Internal Service/Chief Information Officer Internal Services Department CONTRACTOR: By Print Name: Title By Print Name: Title: FOR ACCOUNTING USE ONLY: ISP -Facility Services FUND:1045 SUBCLASS:10000 ORG No.:8935 Acct.No.:7295 COUNTY OF FRESNO ADDENDUM NUMBER:ONE (1) RFQ NUMBER:912-5334 JOB ORDER CONTRACT March 13,2015 PURCHASING USE G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB Jus ORDER CONTRACTS 2-5334 ADD 1 DOC IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATEAND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO,Purchasing 4525 EAST HAMILTON AVENUE,2«°FLOOR FRESNO,CA 93702-4599 Closing date of bid will be on March 27,2015 at 2:00 p.m. QUOTES WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. All quotation information will be availableforreviewaftercontract award. Clarification of specifications istobe directed to:Louann M.Jones,phone (559)600-7118,e-mail CountyPurchasinq@co.fresno.ca.us,fax (559)600-7126. NOTE THE FOLLOWING AND ATTACHED ADDITIONS,DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER:912-5334 AND INCLUDE THEM IN YOUR RESPONSE.PLEASE SIGN AND RETURN THIS ADDENDUM PAGE WITH YOUR QUOTATION. >This RFQ will award three contracts for three vendors >One bid (Volume One)per vendor shall be submitted >Since July 1,2014,the State of California's Department of Industrial Relations,under law SB 584, requires contractors to register before bidding on state and local public works projects. >See attached Gordian License &Fee Agreement -Exhibit A Bidder is required to provide DIR registration #with their bid. ACKNOWLEDGMENT OF ADDENDUM NUMBERONE m TO RFQ 912-5334 COMPANY NAME: (PRINT) SIGNATURE: NAME &TITLE: (PRINT) G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACTV912-5334 ADD 1.DOC (4/11) ADDENDUM NO.One(1)Page2 REQUEST FOR QUOTATION NUMBER 912-5334 March 13,2015 Q1.Therewas a public meeting a fewmonths ago regarding an upcoming Job Order Contract that had more road work involved,is this the same JOC? At.This is the only meeting for this JOC;it is for B license contractors.There potentially will be some public build work involved with this JOC. Q2.What is the size of this contract? A2.The contracts will each be for a minimum of $25,000.00 anda maximum of $2,000,000.00. With the possibility of increasing the maximum ifaneedis determined by the manager of Facilities Services. Q3.Will you providea copy ofthe sign-in sheet for this pre-bid meeting? A3.See Exhibit B attached. Q4. Can you (the contractor)turn down any job when awarded the contract? A4. There is no right of refusal under this contract. Q5. Is there a lot of federally funded type of work expected as part of this JOC? A5.Historically there has notbeen a lotof federally funded work as part ofthis JOC,but there is always that possibility. Q6.Will there be work needed in secured facilities? A6. Yes, we have fourdetention facilities that potentially will need work. Q7.Will there be work needed in medical facilities? A7.Not for actively used facilities,wedo maintain buildings,etc.that previously were actively used as medical facilities. Q8. Howquickly after the low bids are chosen will the actual jobs be released? A8.Could bereleasedas soonas the contracts are approved bythe Fresno County Board of Supervisors at theirboardmeeting orany time after. Q9.When is the CLF (Contractor's Licensing Fee) fee due? A9.After the notice to proceed on the job order is released and only for projects that go through completion. Q10.On a non-prepriced item, if contractor's factor for normal working hours is below 1 (like .97), will contractor be operating in the red? A10.Yes,the non-prepriced itemsare tied tothe contractor's normal working hours factor. Q11.After the JOC contracts are awarded,will contractors/projects have to waitfor July 1st beginning of the fiscal year funding? A11.No,some projects will need new fiscalyear funding andsome projects will cross fiscal years. G:\PUBLIC\RFQ\FY 2014-151912-5334 JOB ORDER CONTRACTS 2-5334 ADD 1.D0C ADDENDUM NO.One(1) REQUEST FOR QUOTATION NUMBER 912-5334 March 13,2015 Page 3 Q12.Has the County ever used up all the funding within the JOC contract upfront or at the tail end of the contract timeframe? A12.Use of the fundingforthe JOC has varied with each JOC contract timeframe and contractor performance.We Q13.Is there a place to go to find out what the current contract factors are? A13.See below.Bidders shouldconsider that the provisions ofthe previous JOC contract have changed for thisJOC contract and those changes (e.g.nonpre-priced items factor and 1% fee to Gordian)could have increased cost implications. Avxwd Formula A X B Atj/uslmtn!Factor from Previous Page Adjustment Factor Multiplierfor Evaluation 1 «LZ.*!»o__ "Line'i" X .65 2 0 9000 Line 2 X .20 3.0 72O0.. Uie3 X .10 4.0 8850, Line* X .05 Award Formula: Adjustment Factor from Previous Page 1. _~7e^Lf£) 2 Line 1 3. 4. Line 2 Line 3 Line 4 Adjustment Factor Multiplier for Evaluation .65 .20 10 .05 G:\PUBLIC\RFQ\FY2014-15\912-5334 JOB ORDER CONTRACTS 2-5334 ADD 1.D0C Total Percentage of AdjustmentFactor to be used in Evaluation (carry to A decimal places} JLiaafi.,. JUiiftlL co??o 0 0443 0 7799 Percentage of Adjustment Factor to be used in Evaluation (carry to 4 decimal places) _..'HGl.^ l'50£ ^224. Total "7S4C ADDENDUM NO.One(1)Page4 REQUEST FOR QUOTATION NUMBER 912-5334 March 13,2015 Q14.Volume Two of the RFQ says that the pre-bid meeting is mandatory,what willthat mean?Are you going to accept bids from people that did not come to the meeting? A14.Page 0-1,Volume Two of the RFQ states theexpressed requirement of "Prospective bidders must attend the mandatorypre-bid conference."Vendors that did not attend the pre-bid conference willnot have met this requirement of the RFQ. Q15.How many bids do I submit? A15.One per bidder. G:\PUBLIC\RFQ\FY 2014-151912-5334 JOB ORDER C0NTRACT\912-5334 ADD 1.DOC 912-5334 Addendum 1 Exhibit A THE GORDIAN GRDUP" JOC System License and Fee Agreement This Agreement is made this day of ,2015 by and between [Insert Contractor's Full Legal Name],whose address is [Insert Contractor's Legal Address] ("Contractor"),and The Gordian Group, Inc.,whose address is 30 Patewood Drive,Suite 350, Greenville, SC 29615 ("Gordian"). WHEREAS,[Insert Owner's Full Legal Name]("Owner")has awarded Contract No.[Insert Number] ("Contract")to the Contractor. WHEREAS,pursuant to the terms and conditions of a contract between Gordian and Owner ("Owner Contract"), Gordian has agreed to provide Contractor with a license to Gordian's Job Order Contracting system ("JOC System"),and NOW,THEREFORE, the parties agree to the terms and conditions of the following JOC System License and Contractor License Fee ("Agreement"): Gordian hereby grants to Contractor, and Contractor hereby accepts from Gordian for the term of the Contract,or the term of the Owner Contract,whichever is shorter,a non-exclusive and nontransferable right, privilege,and license to Gordian's proprietary JOC System and other related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing the Contractor's responsibilities under the Contract ("Limited Purpose").Contractor hereby agrees that the Proprietary Information shall include,but is not limited to,Gordian's eGordian®JOC information management applications and support documentation,Construction Task Catalog®,training materials, and any other proprietary materials provided to Contractor by Gordian.In the event the Contract expires or terminates,or the Owner Contract expires or terminates,this JOC System License shall terminate and Contractor shall return all Proprietary Information in its possession to Gordian. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S.and international intellectual property and other rights such as patents,trademarks,copyrights and trade secrets.Contractor shall have no right or interest in any portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein.Except in furtherance of the Limited Purpose,Contractor shall not distribute,disclose, copy,reproduce,display,publish,transmit,assign,sublicense,transfer,provide access to,use or sell, directly or indirectly (including in electronic form),any portion of the Proprietary Information. In accordance with the terms of the Contract,Contractor hereby agrees to pay Gordian a license fee ("Contractor License Fee")equal to one percent (1%) of the value of each Job Order,Purchase Order or other similar purchasing document issued to Contractor by Owner pursuant to the Contract.Contractor further agrees to remit the Contractor License Fee to Gordian within ten (10)days of Contractor's receipt of each Job Order,Purchase Order or other similar purchasing document from the Owner.Contractor shall make payments payable to The Gordian Group,Inc.and shall mail the payments to P.O.Box 751959,Charlotte,NC 28275-1959.All payments received after the due date set forth above will incur a late payment charge from such due date until paid at a rate of 1.5%per month.In the event a modification to an issued Job Order results in a reduction of the value of the Job Order,Gordian shall issue a credit to Contractor only when the applicable license fee credit is greater than or equal to $25.00. Either party may terminate this Agreement in the event of: (1)any breach of a material term of this Agreement by the other party which is not remedied within ten (10)days after written notice to the breaching party; or (2)the other party's making an assignment for the benefit of its creditors,or the filing by or against such party of a petition under any bankruptcy or insolvency law, which is not discharged within thirty (30)days of such filing. Contractor acknowledges and agrees to respect the copyrights,trademarks,trade secrets,and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided 912-5334 Addendum 1 Exhibit A THE GORDIAN GROUP" to Contractor,subject to federal,state and local laws related to public disclosure.Contractor further acknowledges that a breach of any of the terms of thisAgreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond)as well as all other monetary remedies available at law or in equity.In the event that it becomes necessary for either party to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, including nonpayment of any Contractor License Fees owed, whether by litigation,arbitration or other proceedings, the prevailing partyshall be entitledto recover from the other party all costs and expenses associated withsuch proceedings,including reasonable attorney's fees. This Agreement shall be construed under the laws of the State of California without regard to choice of law principles. Both parties irrevocably consent to the jurisdiction and venue of the federal and state courts located in the State of California for purposes of any action brought in connection with this Agreement or use of the Proprietary Information. The parties agree that inthe event ofa conflict interms and conditionsbetween this Agreement and any other terms and conditions of the Contract, the Owner Contract, or any Job Order,Purchase Order or similar purchasing document issued to Contractor by Owner, this Agreement shall take precedence. [Insert Contractor's Full Legal Name]The Gordian Group,Inc. Signature:Signature: Name:Name:Ammon T.Lesher Title:Title:Vice President of LegalAffairs ACKNOWLEDGMENT OF [Contractor] STATE OF COUNTY OF I,the undersigned Notary Public, do hereby certify that the foregoing instrument was acknowledged before me this day of and the document was executed by the above named of his/her own free will. Witness my hand and seal this day of ,2015. Signature of Notary Public Place Notary Seal Above BID NO.:912-5334 Job Order Contract I JOB SITE INSPECTION VENDOR CONFERENCE BID OPENING *^COMPANY NAME I J & 912-5334 Addendum 1 Exhibit B DATE:03/10/2015 DESCRIPTION OF BID BID DUE DATE:03/27/2015 BUYER:Louann M.Jones COMPANY NAME xmnv /fyrrC^ COMPANY REPRESENTATIVE \C -2C Hoik*A COMPANY REPRESENTATIVE COMPANY ADDRESS »r-ITV/CTATC/7ID ^ 9^/^l CITY/STATE/ZIP fQu*n^iQ d vA\>,.y--tensfrucJim-.com E-MAIL ADDRESS PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP txx?^<^Jv(^gja/*/i^^<a.i"ro<>jSTVujCnc»J.>Coi^y E-MAIL ADDRESS •ssc'i -ytg,ofzj tg;'\-yffe,o4-~f / PHONE NUMBER FAX NUMBER ' / AcdC'^^u (•rr'^e •f *-> ~COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS^ |CITY/STATE/ZIP -,-,E-MAIL ADDRESS [^ PHONE NUMBER FAX NUMBER COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER TO33 Revised 8/05 C:\USERS\LJONES\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARYINTERNETFILES\CONTENT.OUTLOOKUtNVYNDWQ\912-5334VC.DOC BID NO.:912-5334 Job Order Contract JOB SITE INSPECTION VENDOR CONFERENCE BID OPENING J-lapJei '-*"**i7>< COMPANY NAME "'g^ 912-5334 Addendum 1 Exhibit B DATE:03/10/2015 DESCRIPTION OF BID BID DUE DATE:03/27/2015 BUYER:Louann M.Jones COMPANY NAME COMPANY REPRESENTATIVE COMPANY REPRESENTATIVE AT)/£akJ/&**/?<J^ COMPANY ADDRESS l/fr*'/<^<x ,//A/rkyn/*9SA s)? /CITY/STATE/ZIP~ PMAIL ADDRESS y^"^/o 76 9^for 6SX Jf^Z.r FAX NUMBERPHONENUMBER A^Y',Can MW/i*C{ COMPANY NABE _C^ Ros 5 Z**k?*s COMPANY REPRESENTATIVE I'*"N.v*><«e Art COMPANY ADDRESSfrescoyC/f 9??o6 CITY/STATE/ZIP f J E-MAIL ADDRESS 'V PHONE NUMBER FAX NUMBER •&7 /C/l>9 -oi £-*-O /Tt/ysisj COMPANY NAME JZoty COMPANY REPRESENTATIVE s?*^- COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS Cefr-WJ PHONE NUMBER FAX NUMBER COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS ClTY/STATBZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS ClTY/STATBZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER PTT33 Revised 8/05 C:\USERS\LJONES\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONtENYOUTLOOK\XNVYNDWcA912-5334VC.DOC BID NO.:912-5334 Job Order Contract JOB SITE INSPECTION VENDOR CONFERENCE BID OPENING 912-5334 Addendum 1 Exhibit B DATE:03/10/2015 DESCRIPTION OF BID BID DUE DATE:03/27/2015 BUYER:Louann M.Jones COMPANY NAMECOMPANYNAME COMPANY REPRESENTATIVE COMPANY ADDRESS 'CITY/STATE/ZIP r.MUP^MA^AULAAJ/t-S (K &OAL-Z.trtvl E-MAIL ADDRESS COMPANY REPRESENTATIVE PHONE NUMBER FAX NUMBER \ 1/3 ^(\\NU£iU<%,u^ COMPANY NAME H.-'__COMPANY REPRESENTATIVE _COMPANY.ADDRESS --,^, .-,.emwSTATBZIP ,, ChS-Ai r?s c^vcfC/zxw-A/?r E-MAIL ADDRESS 5*1 flu DOZ.f s$c/%-7b-530o PHONE NUMBER FAX NUMBER c L-yTl;--- COMPANY NAME .O .'','..••••"•O ;'••"" \ \ \ COMPANY REPRESENTATIVE \ .'COMPANY ADDRESS / / p..,', ,CITY/STATE/ZIP / E-MAIL ADDRESS / PHONE NUMBER FAX NUMBER COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER ILm\- COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER FD33 Revised 8/05 C:\USERS\LJONES\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARYINTERNETFlLES\CONTENT.OUTLOOKWNVYNDWQ\912-5334VC.bOC 912-5334 Addendum 1 Exhibit B BID NO.:912-5334 DATE:03/10/2015 Job Order Contract DESCRIPTION OF BID JOB SITE INSPECTION X |VENDOR CONFERENCE BID OPENING BID DUE DATE:03/27/2015 BUYER:Louann M.Jones »COMPANY name J C o. ,)oUv\)•£•€. COMPANY REPRESENTATIVE COMPANY ADDRESS ZoS A\q el6J CITY/STATE/ZIP Jlee O -^fo c<^&-co ^ E-MAIL ADDRESS "COMPANY NAME COMPANY REPRESENTATIVE f•*?f £*£./cA ^£c",£s£fi./> MtOBlfi&U) COMPANY ADDRESS jC*. CITY/STATE/ZIP qrZZ/?- iVitk*fAi^e-it (£>>&&AGZ .gQ-K PHONE NUMBER ^FAXNOMBER PHONE NUMBER E-MAIL*ADDRES (e(t/-STf-??</* FAX NUMBER /v )•\>e*sy M -L<si( /},I eQMPANYNAWE 1 COMPANY REPRESENTATIVE /?o./^x L/l2 /aom M>1,\/)•*,/•€£* '.COMPANY ADDRESS ' 'CITY/STATE/ZIP ". ^E-MAIL ADDRESS PHONE NUMBER FAX NUMBER ^•-ei>.Av<A fcUlU COMPANY NAME COMPANY REPRESENTATIVE/COMPANY REPR 1UQ0 A'.,p/y)f AO?RJr—»A igUMPANY AWKtSfci :/ CITY/STATE/ZIP I 7 "E-MAIL ADDRESS -fl PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER Revised 8/05 C:\USERS\LJONES\APPDATA\LOCAL\MICROSOFT\WINDOVVS\TEMPORARY INTERNET FILES\CbNTeNT.OUTLOOKUCNVYNDWQ\912-5334VC.DOC Exhibit "B" COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER:912-5334 JOB ORDER CONTRACT VOLUME ONE (1) February 27,2014 ORG/Reauisifar8935/132l5nifi<M purchase use G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDERSJggrS-^S miff.SS|CONTRACTA912-5334JOBQRDERCONTRACT-Vni mnnr S^^g^^i^^^MARKED CLEARLY ON THE OUTSIDE TO COUNTY OF FRESNO,Purchasing 4525 EAST HAMILTON AVENUE,2nd Floor FRESNO,CA 93702-4599 j;Closing date of bid will be at 2:00 p.m.oh March 27,2015 1 QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. All quotation information will be available for review after contract award. Clarification of specifications is to be directed to:Louann Jones,e-mail CountvPurchasinq@co.fresno ca us phone (559)600-7124,FAX (559)600-7126!^ 22fS^.SWDmONS:^C°Unty WFresno Purchasin9 S^ard Instructions And Conditions For Request For Proposals(RFP S)and Requests for Quotations (RFQ'S)"attached.Check County of Fresno Purchasing's Open Solicitations website at https://www2.CQ.fresno.ca.us/0440/Bids/BidsHome.aspn for RFQ/RFP documents and changes BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED,SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FORREQUESTFORQUOTATIONS(RFP'S)AND REQUESTS FOR QUOTATIONS (RFQ'S)-ATTACHED CONDITIONS FOR Durham Construction Company,Inc, company — 1025 Holland Avenue ADDRESS Clovis CITY SIGNED BY" Chris Durham CA 93612 55 g _STATE ZIP CODE ~ f 1 294~9500 f59)294-9200 chris@durham-construction.comTELEPHONpWOTJ§9 #irr^^x^^CSIMILE NUMBER E-MAIL ADDRESS ~ PresidentPRINTNAME~~ffFi¥ PD-010(1/14) Quotation No.912-5334 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S)AND REQUESTS FOR QUOTATIONS (RFQ'S) Note:the reference to"bids"in the following paragraphs applies to RFP's and RFQ's GENERAL CONDITIONS By submitting a bid the bidder agrees to the following conditions.These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION: A)All prices and notations must be typed orwritten inink.No erasures permitted.Errors may be crossed out,initialed and corrections printed in ink by person signing bid. B)Brand Names:Brand names and numbers when given are for reference. C)All bids must be dated and signed with the firm's name and by an authorized officer or employee. D)Unless otherwise noted,prices shall befirm for one hundred eighty (180)daysafter closing dateof bid. 2.SUBMITTING BIDS: A)Each bid must be submitted on forms provided in a sealed envelope/package with bid number andclosing date and time onthe outside ofthe envelope/package. B)Interpretation:Should any discrepancies or omissions be found in the bid specifications or doubt asto their meaning,the bidder shall notify the Buyer in writing at once.The County shall notbe held responsible for verbal interpretations.Questions regarding the bid must bereceived by Purchasing at least five (5)working days before bid opening.All addenda issued shall be in writing,duly issued by Purchasing and incorporated into the contract. C)ISSUING AGENT/AUTHORIZED CONTACT:This RFP/RFQ has been issued by County ofFresno,Purchasing.Purchasing shall be the vendor's sole point of contact with regard tothe RFP/RFQ,its content,and allissues concerning it. All communication regarding this RFP/RFQ shallbe directed toan authorized representative ofCounty Purchasing.The specific buyer managing this RFP/RFQ is identified onthecover page,along with his orhertelephone number,andheorshe should bethe primary point of contact for discussions or information pertaining to the RFP/RFQ.Contact with any other County representative,including elected officials,for the purpose of discussing this RFP/RFQ,its content,or any other issue concerning it,is prohibited unless authorized by Purchasing.Violation of this clause,by the vendor having unauthorized contact (verbally or in writing)with such other County representatives,may constitute grounds for rejection by Purchasing ofthe vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase orderorcontracttoa vendororvendors,exceptas follows.First,in the event that a vendor initiates a formal protest against the RFP/RFQ,such vendor may contact the appropriate individual,or G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDERCONTRACT\912-5334 JOB ORDER CONTRACT -VOL 01.DOC individuals who are managing that protest as outlined in the County's established protest procedures.All suchcontact must beinaccordance with thesequence setforth under theprotest procedures.Second,in the event a public hearing is scheduled before the Board ofSupervisors to hear testimony prior to its approval of a purchase order or contract,any vendormayaddress the Board. D)Bids received after the closing time will NOT be considered. E)Bidders areto bid what is specified or requested first.Public Contract Code Section 7028.15 Where the State of California requires a Contractor's license,itisa misdemeanor for any person to submit a bid unless specifically exempted. 3. FAILURE TO BID: A)If not bidding,return bid sheet and state reason forno bid oryour name maybe removed from mailing list. 4.TAXES,CHARGES AND EXTRAS: A)County of Fresno issubject toCalifornia sales and/or usetax (8.225%).. B)DO NOT include Federal Excise Tax.County is exempt under Registration No.94-73-03401-K. C)County is exempt from Federal Transportation Tax.Exemption certificate is not required where shipping papers show consignee as County ofFresno. 5.W-9 -REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION &CALIFORNIA FORM 590 WITHHOLDING EXEMPTION CERTIFICATE: Upon award ofbid,the vendor shall submit toCounty Purchasing,a completed IRS FormW-9-Request forTaxpayer Identification Number and Certification and a California Form 590 Withholding Exemption Certificate if not currently a County ofFresnoapproved vendor. 6.AWARDS: A)Award(s)will be made to the most responsive responsible bidder; however,the Fresno County Local Vendor Preference and/or the Disabled Veteran Business Enterprise Preference shall take precedence when applicable.Said Preferences apply only toRequest for Quotations for materials,equipment and/or supplies only (no services);the preferences do not apply to Request for Proposals.The County shall be thesolejudgein making such determination. B)The County reserves the right to reject anyand all bids andto waive informalities or irregularities in bids. 1A PD-010 (10/13) Quotation No.912-5334 C)Award Notices are tentative:Acceptance of an offer made in response to this RFP/RFQ shall occur only upon execution ofan agreement by bothpartiesor issuance ofa valid written Purchase Order by Fresno County Purchasing. D)After award,all bids shall be open to public inspection.The County assumes no responsibility for the confidentiality of information offered in a bid. 7. TIE BIDS: All otherfactors being equal,the contract shall be awarded tothe Fresno County vendor or,if neither orboth are Fresno County vendors,it may be awarded by theflip ofa coin inthe presence ofwitnesses ortheentire bid may berejected andre-bid.If theGeneral Requirements oftheRFQ state that they are applicable,the provisions ofthe Fresno County Local Vendor Preference shall take priority over this paragraph. 8.PATENT INDEMNITY: The vendor shall hold the County,its officers,agents and employees, harmless from liability of any nature orkind,including costs and expenses, for infringement oruse ofany copyrighted oruncopyrighted composition, secret process,patented or unpatented invention,article or appliance furnished or used in connection with this bid. 9. SAMPLES: Samples,when required,must befurnished anddelivered free and,ifnot destroyed by tests,will upon written request (within thirty (30)days of bid closing date)be returned atthe bidder's expense.In theabsenceofsuch notification,County shall have the right to dispose ofthe samples in whatever manner itdeems appropriate. 10.RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A)In caseofdefault by vendor,theCounty may procure thearticles or service from another source and may recover thecost difference andrelated expenses occasioned thereby from any unpaid balance duethe vendor orby proceeding against performance bond ofthe vendor,ifany,or by suit against the vendor.The prices paid by the County shall be considered the prevailing market price atthe time such purchase ismade. B)Articles or services,which upon delivery inspection do not meet specifications,will be rejected andthe vendor will be considered in default.Vendor shall reimburse County for expenses related to delivery of non-specified goods or services. C)Regardless of F.O.B.point,vendor agrees tobearall ris ks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery andsuch loss,injury or destruction shall not releasevendor from any obligation hereunder. 11.SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS: The "General Conditions'provisions ofthis RFP/RFQ shall besuperseded if in conflict with any other section ofthis bid,to the extent ofany such conflict. 12.SPECIAL REQUIREMENT: With theinvoice orwithin twenty-five (25)days ofdelivery,theseller must provide tothe County a Material Safety Data Sheet for each product, which contains any substance on "The List of 800 Hazardous Substances",published by theStateDirector ofIndustrial Relations.(See Hazardous Substances Information and Training Act,California State Labor Code Sections 6360 through 6399.7) 13.RECYCLED PRODUCTS/MATERIALS: Vendors are encouraged to provide recycled or recyclable products/materials which meetstated specifications. 14.YEAR COMPLIANCE WARRANTY: Vendor warrants that any product furnished pursuant to this Agreement/order shall support a four-digit year format and be able to accurately process date and time data from,into and between the twentieth and twenty-first centuries, as well as leap year calculations."Product"shall include,without limitation,' any piece or component of equipment,hardware,firmware,middleware, custom orcommercial software,orinternal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time and/or date data related codes and/or internal subroutines that impede the product from operating conectly using dates beyond December 31,1999, vendor shall restore or repair the product to the same level of functionality as warranted herein,soas to minimize interruption to County's ongoing business process,time being of the essence.In the event that such wananty compliance requires the acquisition ofadditional programs,the expense for any such associated or additional acquisitions,which may be required, including,without limitation,data conversion tools,shall be borne exclusively by vendor.Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under this Agreement with respect to defectsotherthanyear performance. 15. PARTICIPATION: Bidder may not agree to extend the terms of the resulting contract to other political subdivision,municipalities and tax-supported agencies. 16. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal,State of California and/or local laws and regulations relating to confidentiality,including but not limited to,California Civil Code, California Welfare and Institutions Code,Health and Safety Code,California Code of Regulations,Code of Federal Regulations. Vendor shall submit to County's monitoring ofsaid compliance. Vendor may be a business associate ofCounty,as that term is defined in the "Privacy Rule"enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).As a HIPAA Business Associate,vendor may use or disclose protected health information ("PHI")to perform functions,activities or services for oron behalf of County as specified by the County,provided that such use or disclosure shall not violate HIPAA and its implementing regulations.The uses and disclosures if PHI may not be more expansive than those applicable to County,as the "Covered Entity"under HIPAA's Privacy Rule,except as authorized for management,administrative or legal responsibilities ofthe BusinessAssociate. Vendor shall not use or further disclose PHI other than aspermitted or required by the County,oras required by law without written notice to the County. Vendor shall ensure that any agent,including any subcontractor,to which vendor provides PHI received from,orcreated or received by the vendor on behalf of County,shall comply with thesame restrictions and conditions with respect to such information. G:\PUBL1C\RFQ\FY 2014-15\912-6334 JOB ORDER CONTRACT\912-5334 JOB ORDER CONTRACT - VOL.01.DOC 1B PD-040 (10/13) Quotation No.912-5334 17.APPEALS: Appeals must be submitted in writing within seven (7)working days after notification ofproposed recommendations for award.A"Notice ofAward" is not an indication of County's acceptance of an offer made in response to this RFP/RFQ.Appeals should be submitted to County of Fresno Purchasing,4525 E.Hamilton Avenue,Fresno,California 93702-4599. Appeals should address only areas regarding RFP contradictions, procurement errors,quotation rating discrepancies,legality ofprocurement context,conflict of interest,and inappropriate or unfair competitive procurement grievance regarding the RFP/RFQ process. Purchasing will provide a written response tothe complainant within seven (7)working days unless the complainant is notified more time isrequired. If the protesting bidder is not satisfied with the decision of Purchasing, he/she shall have the right to appeal to the Purchasing Agent/CAO within seven (7)business days after Purchasing's notification;except if,notified toappeal directly tothe Board of Supervisors atthe scheduled dateand time. If the protesting bidder is not satisfied with Purchasing Agent/CAO's decision,the final appeal is with theBoard ofSupervisors. 18.OBLIGATIONS OF CONTRACTOR: A)CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed inthe performance ofthe work hereunder. B)CONTRACTOR shall obey all Federal,State,local and special district laws,ordinances and regulations. 19. AUDITS &RETENTION: The Contractor shall maintain in good and legible condition all books, documents,papers,data files and other records related toits performance under this contract.Such records shall be complete and available to Fresno County,the State of California,the federal government or their duly authorized representatives for the purpose of audit,examination,or copying during the term of the contract and for a period of atleast three (3) years following the County's final payment under the contract or until conclusion of any pending matter (e.g.,litigation or audit),whichever is later.Suchrecords mustbe retained inthe manner described above until all pending matters are closed. 20.DISCLOSURE -CRIMINAL HISTORY &CIVIL ACTIONS: Applies to Request for Proposal (RFP);does not apply to Request for Quotation (RFQ)unless specifically stated elsewhere in the RFQ document. In their proposal,the bidder is required to disclose if any of the following conditions apply tothem,their owners,officers,corporate managers and partners (hereinafter collectively referred toas "Bidder"): •Within the three-year period preceding the proposal,they have been convicted of,orhada civil judgment rendered against them for: o fraud ora criminal offense in connection with obtaining, attempting to obtain,or performing a public (federal, state,or local)transaction or contract under a public transaction; o violation ofa federal orstate antitrust statute; G:\PUBLICWFQ\FY 2014-15\912-5334 JOB ORDER CONTRACTS 2-5334 JOB ORDER CONTRACT • VOL.01.DOC o embezzlement,theft,forgery,bribery,falsification,or destructionofrecords;or o false statements orreceipt of stolen property Within a three-year period preceding their proposal,they have had a public transaction (federal,state,or local)terminated for cause or default. 21. DATASECURITY: Individuals and/or agencies that enter into a contractual relationship with the COUNTY for the purpose of providing services must employ adequate controls and data security measures,both internally and externally to ensure and protect the confidential information and/or data provided to contractor by the COUNTY,preventing the potential loss,misappropriation or inadvertent access,viewing,use or disclosure of COUNTY data including sensitive or personal client information;abuse of COUNTY resources;and/or disruption to COUNTY operations. Individuals and/or agencies may not connect to or use COUNTY networks/systems via personally owned mobile,wireless or handheld devices unless authorized by COUNTY for telecommuting purposes and provide a secure connection;upto date virus protection andmobile devices must have the remote wipe feature enabled.Computers or computer peripherals including mobile storage devices may not be used (COUNTY or Contractor device)or brought in for use into the COUNTY'S system(s)without prior authorization from COUNTY'S Chief Information Officer and/or designee(s). No storage of COUNTY'S private,confidential or sensitive data on any hard- disk drive,portable storage device or remote storage installation unless encrypted according to advance encryption standards (AES of 128 bit or higher). The COUNTY will immediately be notified of any violations,breaches or potential breaches of security related to COUNTY'S confidential information, data and/or data processing equipment which stores or processes COUNTY data,internally orexternally. COUNTY shall provide oversight to Contractor's response to all incidents arising from a possible breach of security related to COUNTY'S confidential client information.Contractor will be responsible to issue any notification to affected individuals asrequired by law or as deemed necessary by COUNTY in its sole discretion.Contractor will beresponsible for all costs incurred asa result of providing the required notification. The County selected The Gordian Group's (Gordian)Job Order Contracting (JOC)Solution (Gordian JOC Solution™)for their JOC program.The Gordian JOC Solution includes Gordian's proprietary eGordian8 JOC Applications and Construction Task Catalog8,which shall be used by the Contractor to prepare and submit Job Order Proposals,subcontractor lists,and other requirements specified by the County.The Contractor shall be required to execute Gordian's JOC System License and Fee Agreement,and pay a1%JOC System License Feetoobtainaccess tothe Gordian JOC Solution. 22.PURCHASING LOCATION &HOURS; Fresno County Purchasing is located at 4525 E.Hamilton Avenue (second floor),Fresno,CA 93702.Non-holiday hours of operation are Monday through Friday,8:00 AM.to 12:00 Noon and 1:00 P.M.to5:00P.M.PST;Purchasing is closed daily from 12:00 Noon to 1:00 P.M.The following holiday office closure schedule is observed: 1C PD-040 (10/13) Quotation No.912-5334 January 1* Third Monday in January Third Monday in February March 31* Last Monday in May July 4* First Monday inSeptember November 11' Fourth Thursday in November Friday following Thanksgiving December 25* New Year's Day Martin Luther King,Jr.'sBirthday Washington -Lincoln Day Cesar Chavez'Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas *When this date falls ona Saturday,the holiday is observed the preceding Friday.If the date falls ona Sunday,the holiday is observed the following Monday. G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOBORDER CONTRACTS 2-5334 JOBORDER CONTRACT - VOL.01.DOC 1D PD-040 (10/13) Quotation No.912-5334 DOCUMENT SUBMITTAL In submitting a quotation the vendor is agreeing to all of the terms,conditions,requirements, etc.set forth under this RFQ as stated in both Volume One (1)and Volume Two (2). The vendor shall provide all information requested within Volume One including the completion of all forms etc. The bidder in instructed to return Volume One with all information,signatures,bid guarantee etc.Volume Two,although applicableto the vendor's bid,should not be submitted. February Z0I5 Cnunty of Fresno Page p.| G:\Public\RFQ\FY 2014-15\912-5334 JobOrderContract\912-5334 Job Order Contract -Vol.01.doc Quotation No.912-5334 DISCLOSURE -CRIMINAL HISTORY & CIVIL ACTIONS In their proposal,the bidder is required to disclose if anyofthe following conditions apply to them,their owners,officers,corporate managersand partners (hereinafter collectively referred to as "Bidder"): •Within the three-year period preceding the proposal, they have been convicted of,or had a civil judgment rendered against them for: o fraud or a criminal offense inconnection with obtaining, attempting to obtain,or performing a public(federal, state, or local)transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement,theft, forgery, bribery, falsification, or destruction of records;or o false statements or receipt of stolen property • Withina three-year period preceding their proposal,they have had a public transaction (federal,state,or local)terminated for cause or default. Disclosure of the above information will not automatically eliminate a Bidder from consideration. The information will be considered as part of the determination of whether to award the contract and any additional information or explanation that a Bidder elects to submit with the disclosed information will be considered.If itis later determinedthat the Bidderfailed to disclose required information,any contract awarded to such Biddermay be immediatelyvoided and terminated for material failure to comply with the terms and conditions of the award. Any Bidderwho is awarded a contract must sign an appropriate Certification Regarding Debarment,Suspension,and Other Responsibility Matters. Additionally,the Bidder awarded the contract must immediately advise the County in writing if,during the term ofthe agreement: (1)Bidder becomes suspended,debarred,excluded or ineligible for participation in federal or state funded programs or from receivingfederal funds as listed inthe excluded parties list system (http://www.epls.gov):or (2) any of the above listed conditions become applicable to Bidder.The Bidder will indemnify,defend and hold the County harmless forany loss or damage resultingfroma conviction,debarment,exclusion,ineligibility or other matter listed inthe signed Certification Regarding Debarment,Suspension,and Other Responsibility Matters. February 20I5 County of Fresno Page P-2 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Conlractt912-5334 Job Order Contact -Vol.01.doc Quotation No.912-5334 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1.By signing and submitting this proposal,the prospective primary participant is providing the certification set out below. 2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective participant shall submit an explanation ofwhy it cannot provide the certification set out below. The certification orexplanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However, failure ofthe prospective primary participant to furnish a certification oran explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause isa material representation offact upon which reliance was placed when the department or agency determined to enter intothis transaction. If itislater determined that the prospective primary participant knowingly renderedan erroneous certification,in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department oragency to which this proposalis submittedifat anytimethe prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred,suspended,ineligible,participant,person, primarycovered transaction,principal,proposal, and voluntarily excluded,as used inthis clause, have the meanings set out inthe Definitions and Coverage sections ofthe rules implementing Executive Order 12549.You maycontact the department or agency to which this proposal is beingsubmittedfor assistance in obtaining a copyofthose regulations. 6.Nothing contained inthe foregoing shall be construed to require establishment ofa system of records inorder to render ingood faith the certification required bythis clause. The knowledge and information of a participant is not required to exceed that whichis normally possessed bya prudent person inthe ordinarycourse of business dealings. February 2DI5 County of Fresno Page P-3 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 12-5334 Job Order Contract- Vol.01.doc Quotation No.912-5334 CERTIFICATION (1) The prospective primary participant certifies to the best of its knowledge and belief,that it, its owners,officers,corporate managers and partners: (a) Are not presently debarred,suspended,proposed fordebarment, declared ineligible,or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection withobtaining, attempting to obtain, or performing a public (Federal,State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, makingfalse statements,or receiving stolen property; (c) Have not withina three-year period preceding this application/proposal had one ormore public transactions (Federal,State or local)terminated for cause or default. (2)Where the prospective primaryparticipant is unable to certifyto any ofthe statements in this certification,such prospective participant shall attach an explanation to this proposal. Signature:f Im.//aAMM Date:\uirn^!i Afl/t/i/\March 27,2015 Chris Durham,President Durham Construction Co.,Inc. (Printed Name &Title)(Name of Agency or Company) February ZDI5 County rjf Fresno PageP-4 G:\PublitfRFQ\FY 2014-15\912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 SELF-DEALING TRANSACTION DISCLOSURE (FINANCIAL) Contractor agrees that when operating asa corporation (a for-profit or non-profit corporation),or if during the term ofthe agreement the Contractor changesitsstatustooperateas a corporation,members of the Contractor's Board of Directors shall disclose any self-dealing transactions that they area party to while Contractor is providing goods or performing services under the agreement withthe County. Aself-dealing transaction shall mean a transaction to whichthe Contractor is a party and inwhichone or more of itsdirectors has a material financial interest.Members ofthe Board of Directors shalldiscloseany self-dealing transactions that theyare a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting it to the County prior to commencing with the self-dealing transaction or immediately thereafter. February 20I5 County Df Fresno Page P-5 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracft912-5334 Job OrderContract-Vol.01.doc Quotation No.912-5334 PREVAILING WAGES PREVAILING WAGES:The work to be done on this project will involve the repair,alteration, maintenance,installation,rehabilitation,demolition,construction or reconstruction of public buildings,streets,utilities,and/or other public works.In accordance with Labor Code section 1770,et seq., the Director ofthe Department of Industrial Relations ofthe State of California has determined the general prevailing wages ratesand employer payments for health and welfare pension,vacation,travel time and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093,and similar purposes ' applicable to this public work project. The prevailing wage rates for all hours worked,including holiday and overtime rates,on this project areon file with the Purchasing Department,4525 E.Hamilton Avenue,Fresno,California 93702,and are herein incorporated by this reference.Information pertaining to applicable Prevailing Wage Rates may be found on the website for the State of California -Department of Industrial Relations:http://www.dir.ca.aov/oprl/PWD/index.htm.Information pertaining to applicable prevailing wage rates for apprentices maybe found on the website for the Stateof California -Department of Industrial Relations: http://www.dir.ca.aov/oprl/pwappwaqe/PWAppWaaeStart.asp It shall be mandatory upon the Contractor herein and upon any subcontractor to pay not less than the prevailing wage rates,including overtime and holiday rates,to all workers,laborers,or mechanics employed on this public work project,including those workers employed as apprentices.Further,Contractor and each subcontractor shall comply with Labor Code sections 1777.5 and 1777.6 concerning the employment of apprentices.A copy ofthe above-mentioned prevailing wage rates shall be posted by the Contractor at thejobsite where it will be available to any interested party. Contractor shall comply with Labor Code section 1775 and forfeit asa penalty to County Two Hundred Dollars ($200.00)for each calendar day or portion thereof,for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work done under this projectbyContractoror byany subcontractor under Contractorin violation of Labor Codesection 1770,et seq.In addition tothe penalty,the difference betweenthe prevailing wage ratesand amount paid toeach worker for each calendar dayor portion thereof for which each worker was paid less than the prevailing wage rate shall be paid toeach worker by the Contractor or subcontractor. Contractor and each subcontractor shall keep an accurate record showing the names,address, social security number,work classification,straight time and overtime hours worked each day and week,andthe actual per diem wages paid toeach journeyman,apprentice,worker,orother employee employed by him orher in connection with this public work project.In accordance with Labor Code section 1776,each payroll record shall be certified and verified by a written declaration under penalty of perjury stating thatthe information within the payroll record is true and correct and thatthe Contractor or subcontractor complied with the requirements of Labor Code sections 1771,1811 and 1815 for any work performed by its employees on this public work project.These records shall be open at all reasonable hours to inspection by the County, its officers and agents, and tothe representatives ofthe State of California -Department of Industrial Relations,including but not limited to the Division of Labor Standards Enforcement. February 2DI5 County of FrESHD pagB P-B G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts2-5334Job Order Contract-Vol.01.doc Quotation No.912-5334 APPRENTICES A.Pursuantto Sections 1770-1780 ofthe LaborCodeofthe 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 ofthe 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 copyofthiswage scale mayalso beobtainedat the following WebSite: www,dir.ca.oov/dlsr. B.Pursuant to Section 1775 ofthe Labor Code oftheStateof 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 ofthe craft ortradeat which he/sheis employed,and shall be employed only atthe 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 underChapter4 (commencing at Section 3070),Division 3,ofthe Labor Code,are eligible to be employed on public works.The employment and training ofeach apprenticeshallbe inaccordance with the provisions of the apprenticeship standards and apprentice agreements under which he/sheis training. D.Fresno County is committed to increasing the availability of employment and training opportunities,with particular attention tothe plight ofthose who are most economically disadvantaged.In an effort to advance that purpose, the County will requirethat,for certain specified projects,as identified by the County in the Request for Proposal submitted by the County for that particular Job Order,the Contractor andeach subcontractor employed thereon shall use their best efforts toensure that thirty-three percent (33%)of apprentice hours,as determined by California Labor Code Section 1777.5 for each contractor and subcontractorofany tieron this Project,are performed by qualified participantsinstate approved apprenticeship programs who also are current or former "Welfare-to-Work" participants in the CalWORKs program. Provided,thatthis Paragraph D shall not apply toany projects thatare federally funded in whole or in part, or to any projects that fall within the definition of "maintenance work"as that term is defined in California Public ContractCode §22002(d);and each projectto which this Paragraph Disapplicableshall be identified bythe County in the Request forProposal submitted bythe County forthat particular Job Order.Provided further,that nothing contained inthis Paragraph Dshall be interpreted to relieve or inany way diminish the obligation ofthe Contractorand each subcontractorto comply fully with all applicable apprenticeship laws in accordance with the California Labor Code and the California Code of Regulations;and accordingly such requirementsas are contractually imposed bythis Paragraph D shall be in addition tosuch legally mandated requirements,and applicable only to the extent fully consistent therewith. February 20I5 County of FrESDD Page P-7 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract -Vol.01.doc Quotation No.912-5334 Vendor MiisrronPi ete amp _-mfff.-^j,FftilcCT ^fftffTTATTnr< Firm:Durham Construction Company,Inc, REFERENCE LIST State of California Reference Name:Dept.of General Service srw»*.Brinr!*ca4r,,-Address:/U/Third St.,3rd FTooT -^-^a Saini ^West Sacramento ""Ch..._— ^TS'tfio^T/rltlr °f ""-a»a-_-i___»TOigjE *»-»•-«^3?^&• Address ;niidren#—Inc^Contact Steve Ranarta2405TulareStreet'Raparla City:Fresno ~~—-^r- 'State: CA 7i--93721 Ph0neN°"(-559 )994-7394 D^UToT^~ SenflCePr°Vkted:New three-story,^l^m^ZET^mEIEIZ Reference Name:County of Fresno contact Boopr nav<(,aftBAddress:2220 Tulare St.,Suite 72ft ?DaviflBon City:Fresno ~~•— r_..-—-_____State:CA 2b:93721JE"**(-^)696-4130 Date-~_£^^^^~ SWV,CePf0VKted:Psychjatrir Remodel -Tenant Tmrrrvrmrnf. **™*Name:city of^Fresno ,Contact:Debra Reynard. 2101 "G"Streetr RIHn »A» City:Fresno ~ jfggn.w ^Lf^aussr^y"1 and -m-u»- ?**ess:-„„5150 H.Maple Ave..Mail stop JA111 Cfty;rresno _c_^•.IT -=—state:CA ~j^93740 Ph°neNa:(559 ) 278-2373 Date-qT^tT Sen^.PmJ.vkted:Furnish and install new shade riknnpy m,^ existing concrete bleachers at CSU Fresno—"" • f^2015 County of Fresno ""TTT G:\PuMc\RFOAFY 2014-15^12-5334 Job Order Cortmcft912-5334 Job Oder CortmcJ -Vol.01.doc Quotation No.912-5334 BIDDERS'REQUIRED DOCUMENTS Because of numerous technical irregularities resulting in rejected bids for recent projects,the following checklist is offered for the bidders'information and use in preparing the bid.This checklist is not to be considered as part of the contract documents.Bidders are cautioned that deleting or not submitting a form supplied in the bid documents (even if the form does not require signature)may result in an irregular bid. Complete and submit the following with your bid: COVER PAGE OF RFQ # 912-5334 VOLUME I DISCLOSURE -CRIMINAL HISTORY &CIVIL ACTIONS CERTIFICATION REFERENCE LIST BID SHEET Bidder name on each sheet.Number for each Adjustment Factor Make no additions such as "plus tax","plus freight",or conditions such as "less 2%if paid by 15th".Use black ink or typewriter.Acknowledge addenda. SUBCONTRACTOR LIST Bidders are not required to submit a list of subcontractors with their bids as the General Requirements Contract is an indefinite quantity contract and therefore the work is not defined prior to award.However,if the Contract is awarded,the successful bidder will be required to submit a list of all subcontractors with all Proposals for individual Job Orders. SIGNATUREPAGE - READTHE NOTICES AND NOTES Indicate type of bid security provided. Provide contract license information. State business name and if business is a: Corporation -list officers Partnership -list partners Joint Venture -list members;if members are corporations or partnerships,list their officers or partners. Individual -list Owner's name and firm name style Signature of Bidder - Bid Must Be Signed! Corporation - byan officer Partnership -by a partner Joint Venture -by a member Individual - bythe Owner If signature is by a Branch Manager,Estimator,Agent,etc.,the bid must be accompanied by a power of attorney authorizing the individual to sign bids,otherwise the bid may be rejected. February 2DI5 County of Fresno pagE p.g G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job OrderContract-Vol.01.doc Quotation No.912-5334 Business Address - Firm's Street Address Mailing Address - P.O. Boxor Street Address BID SECURITY (BID GUARANTEED Twenty Five Thousand Dollars ($25,000.00).Submit with your bid. Type of Bid Security; Cashier's or Certified Checks -Will be held until the bid is no longer under consideration.If submitted by a potential awardee,they will be returned when the contract bonds are submitted and approved. Bid Bonds -Must be signed by the bidder and by the attorney-in-fact for the bonding company. Signature of attorney-in-fact should be notarized and the bond should be accompanied by bonding company's affidavit authorizing attorney-in-fact to execute bonds.An unsigned bid bond will be cause for rejection. NON COLLUSION AFFIDAVIT Must be completed,signed,and returned with bid. GUARANTY OF WORK Optional for bidder to complete and return with bid. OTHER If you remove the bid from the specifications booklet,please staple the pages together. Make sure your bid envelope is sealed and shows the project name. If you mail your bid,allow time for postal delay.Bids received after the set time (as defined on the RFQ front cover page)will be returned unopened.Be sure the statement "Do Not Open Until Time of Bid Opening"is on the envelope. If you have any questions,please contact Louann M.Jones,Purchasing Division,(559)600-7118. February 2DI5 County of Fresno Page P-IO G:\PublidRFQ\FY 2014-15V912-5334 Job Order Contract\912-5334 Job OrderContract-Vol.01.doc BID SHEET Quotation No.912-5334 BIDDING DOCUMENTS BIDDER:Durham Construction Company,Inc. SOLICITATION NO.:912-5334 PROJECT:Job Order Contract The bidder,declares that the only persons,or parties interested inthis bid as principalsare those named herein;that this bid is made without collusion with any other person,firm or corporation;that he has carefully examined the location of the proposed work,the annexed proposed form of contract, and the Bid Documents therein referred to; and he proposes and agrees ifthis bid is accepted,that he will contract withthe County of Fresno to provide all necessary machinery,tools,apparatus and other means of construction,and to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed, and according to the requirements of the Owner as therein set forth,and that he will take in full payment therefore the following Adjustment Factors,to-wit: This Workis to be performed in accordance with the Bidding Documents including the Bidding Information,Contract forms,General and Supplemental Conditions,and Addenda Numbers #1,Dated 3/13/15 and Bid Items: I.Adjustment Factors.The Contractor bids four Adjustment Factors that will be applied againstthe Unit Pricesset forth in the Construction Task Catalog®.These Adjustment Factors will be used to price out lump sum fixed price Job Orders by multiplying the Adjustment Factor by the Unit Prices and quantities. II.Base Period (12 months from Notice of contract award or expenditure of the $2,000,000 maximum value of the contract,whichever occurs first) Item 1- Unitwork requirements to be performed during Normal Working Hours for non- federally funded Projects as ordered by the County in individual Job Orders against the contract. 1.0.8350 Utilize four decimal places zero point eight three five zero Bid for Normal Working Hours - in words Item 2- Unitwork requirements to be performed during Other Than Normal Working Hours for non-federally funded Projects as ordered by the COUNTY in individual Job Orders against the contract.(Note:Item 2 may not be lower than Item 1.) 2.0.8351 Utilize four decimal places zero point eight three five one Bid for Other Than Normal Working Hours - in words February 2015 County of Fresno PegeP-ll G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc BIO SHEET Bidder:Durham Construction Company,Inc. Quotation No.BI2-5334 BIDDING DOCUMENTS Item 3-Unit work requirementsto be performed during Normal Working Hoursfor federally funded Projects as ordered bythe County in individual Job Orders against the contract.(Note:Item3 may not be lowerthan Item 1.) 3.0.8351 Utilize four decimal places zero point eight three five one Bid for Normal Working Hours - in words Item 4-Unit work requirementsto be performed during OtherThan Normal Working Hours forfederally funded Projects as ordered by the COUNTY in individual Job Orders against the contract.(Note:Item 4 may not be lowerthan Item 1) 4.0.8351 Utilize four decimal places zero point eight three five one Bidfor Other Than Normal Working Hours - in words Award criteria: The award will be based on Adjustment Factors evaluated as follows: 65% of Normal Working Hours Factorfor non-federally funded Projects (Line 1 Below)added to 20%of Other Than Normal Working Hours Factor for non-federally funded Projects (Line 2 Below) addedto 10%of Normal Working Hours Factor for federally funded Projects (Line 3 Below) added to 5%ofOtherThan Normal Working Hours Factorfor federally funded Projects (Line 4 Below). Award Criteria Formula: A Adjustment Factor from Above 1.0.8350 Line 1 2.0.8351 Line 2 3.0.8351 Line 3 4.0.8351 Line 4 B Adjustment Factor Multiplier for Evaluation .65 .20 .10 .05 Percentage of Adjustment Factor to be used in Evaluation (carry to 4 decimal places) 0.54275 0.16702 0.08351 0.041755 Award Criteria Figure:0.8350 February Z0I5 County of Fresno G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contractt912-5334 Job Order Contract - Vol.01 .doc Page P-I2 BIDDER TO COMPLETE Bidder:Durham Construction Company,Inc. Quotation No.9I2-5D2D BIDDING DOCUMENTS Notes to Bidder: 1.Specify lines 1 through 5to four (4)decimal places.Use conventional rounding methodology(i.e., ifthe number inthe 5th decimal place is 0-4, the number inthe 4th decimal remains unchanged; ifthe number in the 5thdecimalplace is 5-9,the number in the 4th decimal is rounded upward). 2. The weighted multipliers above are forthe purpose of calculating an Award Criteria Figure only. No assurances are made by the Owner that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above. The Award Criteria Figure isonlyused forthe purpose of determining the Bid. 3. When submitting Job OrderPrice Proposals related to specificJob Orders, the Bidder shall utilize one or more ofthe Adjustment Factors applicable tothe Work being performed. February 2M5 County of Fresno G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracft912-5334 Job OrderContract-Vol.01.doc Page P-I3 SIGNATURE PAGE Quotation No.912-5334 BIDDING DOCUMENTS BIDDER:Durham Construction Company,Inc. In case ofa discrepancybetweenwordsand figures,the words shall prevail. If this bid shall be accepted andthe undersigned shall fail to contract,as aforesaid,andto give the two bonds in the sums to be determined as aforesaid,with surety satisfactory tothe Awarding Authority,within ten (10)days after the award ofthe contract,the Awarding Authority, at its option,may determine thatthe bidder has abandonedthe contract,and thereupon this bid andthe acceptance thereof shall be null and void,andthe forfeiture ofsuch security accompanying this bid shalloperate and the same shall be the property ofthe Owner. PROJECT:Job Order Contract SOLICITATION NO.:912-5334 Accompanying this bid is security (checkone only)in amountequalto Twenty Five Thousand Dollars ($25,000,000): Bid Bond { X );Certified Check ();Cashier's Check ( ) The names ofall persons interested inthe foregoing bidas principals are as follows: IMPORTANT NOTICE:If bidder orother interested person isa corporation,state legal name of corporation,also names ofthe president,secretary, treasurer and manager thereof;if a co partnership,state truenameof firm,also namesof all individual co-partners composing firm;if bidder or other interested person is an individual,state first and last name in full. FIRM NAME:Durham Construction Company, Inc.; State of Incorporation: CA Chris Durham,President,Secretary,Treasurer and Manager Licensed in accordance withan act providingfor the registration of Contractors, Class A,B,C21 License No.765896 Expires July 31 ,2015 (Furnishing Contractor License infor^iatfoTr^part of this bid is optional andis requested to facilitate verification of licensi March 27,2015 Dated February 20I5 County of FresriD Page P-I4 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01 doc Durham Construction Company,Inc. 1025 Holland Ave. Clovis,CA 93612 Phone (559)294-9500 FAX (559)294-9200 www.durham-construction.com EVIDENCE OF AUTHORITY TO BIND CORPORATION Durham Construction Company,Inc.,a California Corporation #0938575, certifies that Chris Durham,10432 Princeton Ave.,Sanger,CA 93657,isthe holder of all corporate offices, President,Secretary,and Chief Financial Officer,andis the sole director of the corporation.ChrisDurhamis the holderof all issuedand outstanding stockandhas full authority to bindthe corporation and or act as its agent. Certification Dated:March 27,2015 Signature: Name:Chris Durham Title:President Quotation No.312-5334 BIDDING DOCUMENTS NOTE:If bidder isa corporation,the legal nameofthe corporation shall be set forth above together with the signature ofthe officer or officers authorized to sign contracts on behalf of the corporation;ifbidderis a co-partnership,the true name ofthe firm shallbe set forth above together with the signature ofthe partner or partners authorized to sign contracts on behalf of the co-partnership;and ifbidderisan individual,hissignatureshallbe placed above.If signature is by an agent,other than an officer ofa corporation ora member of a partnership,a Power ofAttorney must beon file with the Owner prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregularand unauthorized. 1025 Holland Ave. Business Address:Clovis,CA Zip Code:93612 Mailing Address:1025 Holland Ave. City:Clovis State:CA Zip:93612 Phone No.:(_5__)294-9500 Fax No.:( 559 )294-9200 February 2015 County of Fresno Page P-15 G:\Public\RFQ\FY 2014-15\912-5334Job Order Con!ract\912-5334 Job OrderContract-Vol.01.doc Quotation No.312-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 Purchasing Department,County of Fresno: NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID * Chris Durham (Printed or Typed Name) being first dulysworn,deposes and says that he or she is President (Owner,Partner,Corporate Officer (list title),Co-Venturer) of Durham Construction Company,Inc. (Bidding Entity) the party making the foregoing bid that the bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that trie bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,andhas not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price ofthe bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price, orofthat of any other bidder,or to secure any advantage against the public body awarding the contract ofanyone interested in the proposed contract; that all statements contained inthe bid are true;and,further,thatthe bidder has not,directly or indirectly,submitted his orher bid price or any breakdownthereof, orthe contents thereof, or divulged information or data relative thereto,or paid,and will not pay,anyfeetoany corporation,partnership,company association, thereto,or paid,and will not pay,any fee to any corporation,partnership,company association! organization,bidjdejDosrtDTyT^riGLany member or agent thereof to effectuate a collusive or sham bid./Y)/X. (\U\]X kjys^-March 27,2015 (Signature)(Dated) (Title 23 United States Code Section 112) (Calif Public ContractCode Section 7106;Stats.1988,c.1548,Section 1.) *NOTE:Completing,signing,and returning the Noncollusion Affidavit isa required partofthe Bid.Biddersare cautionedthat making a false certification maysubject the certifier to criminal prosecution. February Z0I5 County of Fresno Page P-IB G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract -Vol.01.doc CALIFORNIA JURAT WITH AFFIANT STATEMENT jg See Attached Document (Notary to cross out lines 1-6 below) U See Statement Below (Lines 1-5 to be completed only by document signerfs],nof Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (ifany) State of California County of jf(3SnO Subscribed and sworn to (ei1 affirmed)before me on this 71 day of /DarcJ^20 /5".by _4M_h (1)-ChrU Pur*h£c** Name of Signer BRENDA J.DURHAM Commission #1980264 Notary Pubttc -California ,y Fresno County S My Comm.Expirw .tun 26.2016J proved to me on the basis of satisfactory evidence to be the person who appeared before me (.)Q (a«d- Name of Signer proved to me on the basi5~t)f-«alisfactory evidence to be the person who appeared before Signature ^^?v*k^f^V^>^>t<<.—^ ilure of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law. itmay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document:fV&ft *C,*''UStQ*/\\\l Ot£iV }'f Document Date:fflGrOr\/./^jLO/S Number of Pages:I Signer(s)Other Than Named Above:fQD^9 R1GHTTHUMBPRINT OF SIGNER #1 Top of thumb here RIGHT THUMBPRINT OF SIGNER #2 Top of thumb here ©2007 NationalNotary Association-9350 De Solo Ave..P.O.Box 2402-Chatsworth.CA 91313-2402-www.NationalNotary.org Item #5910 Reorder CallToll-Free1-BO0-878-6827 Quotation No.912-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 CERTIFICATION WITH REGARDTO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THEEQUALOPPORTUNITYCLAUSE ANDTHE FILING OF REQUIRED REPORTS. The contractor orDcgposed subcontractor.Durham Construction Company,Inc, hereby certifies that he/shenrja^ftas not participated in a previous contract or subcontract subjecttothe equal opportunity clause, as required by Executive Orders 10925,11114,or 11246,and that he <has or has not>filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,orthe former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. Durham Construction Company, Inc. President (Company) /Chris Durham (Title) Date:March 27,2015 NOTE:The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1),and must be submitted by bidders and proposed subcontractors only in connection with contractsand subcontracts which are subjectto the equal opportunity clause. Contractsand subcontracts which are exempt from the equal opportunity clause are set forth in41 CFR60-1.5. (Generallyonlycontracts or subcontracts of $10,000 or under are exempt.) Currently,Standard Form 100 (EEO-1)isthe onlyreport required bythe ExecutiveOrders or their implementing regulations. Proposed prime contractors and subcontractors whohave participated in a previouscontractor subcontract subject to the ExecutiveOrders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1)prevents the award of contracts and subcontracts unless such contractorsubmits a report covering the delinquentperiodor such other period specified bythe Director, Officeof Federal Contract Compliance,U.S.Department of Labor. February Z0I5 County of FfESnO Page P-I7 G:\Public\RF0AFY 2014-15\912-5334Job Order Contract\912-5334 Job OrderContract-Vol.01.doc Quotation No.912-5334 PROJECT: Job Order Contract SOLICITATION NO.:912-5334 BIDDING DOCUMENTS cn_?J_2LT2?1 W'TH REGARD T0 ™E PERFORMANCE OF PREVIOUS CONTRACTS ORS^SSS^SS^T°™E EQUAL 0PP0R™^CLAU^andThe^ng0" The contractor ororgoosedsubcontractor.Durham Construction Company 'inc suS S^?»i__?,3©h,aS ^ParticiPat^lr7a previous contracT^iubc^tra^-^'subject to the equal^p^rtLfrnty clause,as required by Executive Orders 10925,11114 or lh?™}?r&°r h3S ROt>fited With the Joint ^Porting Committee,the Director ofIn°?Ce °hFefe^^Compliance,aFederal Government contracting or aS 1agencyortheformerPresident's Committee on Equal Employment Opportunity a?reports dueundertheapplicablefilingrequirements.y'P ue Durham ruction Company,inc, President (Company) /Chris Durham (Title) Date:March 27,2015 NOTE:The above certification is required by the Equal Employment Opportunity Regulations oftheSecretaryofLabor(41 CFR 60-1.7(b)(1),and must be submitted bMdeTanS proposedsubcontractorsoniyinconnectionwithcontractsandsubcontractswhicharesubjecttoThe equal opportunity clause.Contracts and subcontracts which are exempt from the eaual ^S%1Stata.(EE°'1 >^^°n,y reP°rt reqU,red bV ^EX6CUtiVe °rderS °r Proposed prime contractors and subcontractors who have participated in a previous contract or STi cTr60 r7^m ExeCUttivl°rdersrd have -ot filed the required reports shouWnotemat41CFR60-1.7(b)(1)prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Director,Office of Federal Contract Compliance,U.S.Department of Labor februsrvffl|5 County of Fresno GAPublWRFCKFY 2014-15812-5334 Job Order Contract\9t2-5334 Job Order Contrad -Vol.01.doc Page P-17 Quotation No.912-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 NOTE:The bidder shall check Box Aor Box B.If the bidder does not checka box it will be deemed that he has checked Box A. The bidder certifies that: A.( )I do not intend to subcontract any work on this project. B-(___)I do intend to subcontract portions of the work on this project. In accordance with the provisions of Section,"Participation by Minority Business Enterprises in Subcontracting,"inthe Special Provisions,I have taken affirmative actionto seek out and consider minority business enterprises forthe portions ofthe work which are intendedto be subcontracted andthatsuch affirmative actions are fully documented in my records and are available upon request.In addition,I will takesuch affirmative action onany future subcontracting for the life of this contract. The above certificationis required by Executive Order 11625. Durham Construction Company,Inc. (Bidder) By;I JIKM IUUW,/Chris Durham Date:March 27.2015 President (Title) February 2015 County of FresnD PageP-18 G:\Public\RFQ\FY 2014-15(912-5334 Job OrderContrac!\912-5334 JobOrderContract -Vol.01.doc Quotation No.912-5334 ___BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 TITLE 49,CODE OF FEDERAL REGULATIONS,PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The contractor under penalty of perjury,certifies that,except as noted below,he/she or any person associated therewith in the capacity of owner,partner,director,officer,manager: is not currently under suspension,debarment,voluntary exclusion,or determination of ineligibility by any federal agency; has not been suspended,debarred,voluntarily excluded or determined ineligible by any federal agency within the past 3 years;does not have a proposed debarment pending; and has not been indicted,convicted,or had a civil judgment rendered against it by a' court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification,insert the exceptions in the following space: ( X ) No Exceptions Exceptions will not necessarily result in denial of award,but will be considered in determining bidder responsibility.For any exception noted above,indicate below to whom it applies initiating agency,and dates of action: Note:Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Bid.Signing the Bid on the signature portion thereof shall also constitute signature ofthis Certification. By my signature on this bid,I certify,under penalty of perjury under the laws oftheStateof California andthe United Statesof America,that the Title 23 United States Code,Section 112 Non-Collusion Affidavit andthe Title 49 Code of Federal Regulations,Part29 Debarment and Suspension Certification are true and correct. Durham Construction Company,Inc. (Bidder) /Chris Durham Date:March 27,2015 President (Title) February 2DI5 County of Fresno PageP-19 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract -Vol.01 .doc Quotation No.912-5334 PROJECT:Job Order Contract SOLICITATION NO.:912-5334 (This guaranty shall be executed by the successful bidder in accordance with instructions in the Special Provisions.The bidder may execute the guaranty on this page at the time of submitting his bid.) GUARANTY To the Owner: County of Fresno The undersigned guarantees the construction and installation ofthe following work included in this project: ALL WORK Should any of the materials or equipment prove defective or should the work asa whole prove defective,due to faulty workmanship,material furnished or methods of installation,or should the work orany partthereof fail tooperate properly as originally intended and in accordance with the plans and specifications,due to any of the above causes,all within twelve (12)months after Notice of Completion has been filed on a specific Job Order on which this contract is accepted by the Owner,the undersigned agrees to reimburse the Owner,upon demand,for its expenses incurred in restoring said work to the condition contemplated in said project,including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs,or,upon demand by the Owner,to replace anysuch material andto repair said work completely without costtothe Owner sothat said work will function successfullyas originally contemplated. The Owner shall have the unqualified option to make any needed replacement or repairs itself orto have such replacements or repairs done by the undersigned.In theeventthe Owner elects to have said work performed by the undersigned,the undersigned agrees that the repairs shall be madeand such materials as are necessary shallbe furnished and installed within a reasonable time after the receipt of demand from the Owner.If the undersigned shall fail or refuse to comply with his obligations under this guaranty,the Owner shall be entitled to all costs and expenses,including attorneys'fees,reasonably incurred-fey-*easbn ofthe said failure or refusal. Chris Durham,President Date:March 27,2015 Contractor Durham Construction Companyf Inc. February 2015 County of Fresno page P-ZO G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contrad\912-5334 Job Order Contract -Vol.01 .doc NorthAmerican Specialty insurance Company Manchester, New Hampshire 03101 BID BOND KNOW ALL MEN BY THESE PRESENTS,That We,Durham Construction Company Inc of 1Q25 HoDaptf Ave ClOYis,CA 93611 , as Principal,and North American Specialty Insurance Company,of Manchester,New Hampshire,as Surety,a New Hampshire corporation duly licensed to do business in the State of __are held and firmly bound unto County of Fresno,Purchasing,;|a8 Obligee,in the penal sum Of Twenty Five Thousand Dollars and 00/100 Dollars ($$25,000 )f for the payment of which the Principal and the Surety bind themselves,their heirs,executors! administrators,successors and assigns,Jointly and severally,firmly bythese presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That, whereasthe Principal has submitted,or is about to submit, a proposal or a bidto the Obligee on a contract for COUNTY OF FRESNO REQUEST FOR QUOTATION NO 912-5334 NOW,THEREFORE,if the aforesaid principal shall be awarded the contract,the said principal will within the period specified therefore, or, if no period be specified,within ten (10)days afterthe noticeof such award into a contractand give bond for the faithful performance of the contract,then this obligation shall be null and void,otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bidof said principal and the amount forwhichthe obligee may legally contract with another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED ANDSUBJECT OF THE CONDITION PRECEDENT,that any suits at lawor proceedings in equity brought or to brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90)days afterthe acceptance of said bid of the Principal by the Obligee. Any person who, with the intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement Is guilty of insurance fraud. SIGNED ,SEALED AND DATEDthis 23rd dayof March ,2015 Durham C£ ADDRESS ALL CORRESPONDENCE TO: North American Specialty Ins.Cc^«««%,By: 7530 Lucerne Drive ^&A Islander Park Bldg 2,Suite 11 #&$**H%% Mlddleburg Heights,OH 441 3J_7 SEAL *o§North Anwrican Specialty (murine*Company (440)816-3100 |Sk 1973 •-!m§ %J2"1)M'BonnirGinzalez Attorn**-!-*()I TZ\''''SnS^BonnieT3/>nzal4z Attorn**-!-*\j BNO 140 8 REV (06/95)^l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code §1189 A notary public orother officer completing this certificate verifies only the identity ofthe individual who signedthe document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Fresno )ss ) OnQ_a____!^__)fefore me,Lyn Genito,Notary Public,personally appeared Bonnie Gonzalez ,who proved to me on the basis of satisfactory evidence to be the person{s)whose name{$}is/afe subscribed to the within instrument and acknowledged to me that ke/she/*key executed the same in Ws/her/tte4f authorized capacity(ie4,and that by Ws/her/tbe+f signature^onthe instrument the person^,or the entity upon behalf of which the person^ acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ____d__t__t__h LYN GENITO Commission #2094223 Notary Public -California Fresno County 23 I nla i i^Coram,fayrw Jin i«Mio g Signature: Lyn Genito,No NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws ofthe State of New Hampshire and having its principal office in the City ofSchaumburg, Illinois each does hereby make,constitute and appoint:BonnieGonzalez _____ Its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,the following surety bond: Principal:Durham Construction Company Inc Bond Number: Bid Bond Obligee:Countyof Fresno, Purchasing BondAmount: See Bond Form Bond Description: COUNTY OF FRESNO REQUEST FOR QUOTATION NO 912-5334 Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed theamount of: FIFTY MILLION ($50,000,000) DOLLARS This Power ofAttorney is granted and is signed by facsimile under and by the authority ofthe following Resolutions adopted bythe Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9*of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying theattorney named in the given Power ofAttorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each orany of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company;and itis FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power ofAttorney ortoany certificate relating thereto by facsimile,and anysuch Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and inthe future with regard toany bond,undertaking or contract of surety to which itis attached." ?fi;SEAL ;S|sSi, By StevenP.Anderson,SeniorVice President of Washington International Insurance Company &SeniorVice President ofNorthAmerican Specialty Insurance Company „s^__l By.^^c_______ of^rzshiogtan ttlttDavidM.Layman.Vice President of^rzshiogtan International Insurance Company &Vice President of North AmericanSpecialty Insurance Company INWITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals tobe hereunto affixed,and these presents tobe signed bytheirauthorized officers this 25th dayof May 20 __ State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company Onthis 25th dayof May 20 j_, beforeme,aNotary Public personally appeared StevenP.Anderson .SeniorVice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Lavman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,personally known to me,who being byme duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies,p. •*A»*^^rffcai4feH_^ 'OFFICIAL SEAL" DONNA D.SKLENS «NotaryPublic,State of Illinois MyCommission Expires 10/06/2015 'Donna D. Sklens, Notary Public I,Jeffrey Goldberg the duly elected Assistant Secretary of NorthAmericanSpecialtyInsuranceCompanyand Washington International Insurance Company,doherebycertifythattheaboveand foregoing isa trueandcorrectcopyofa Powerof Attorney givenbysaid North American Specialty Insurance Companyand Washington International InsuranceCompany,whichisstillinfullforceandeffect IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 23 rd day 0f March 2015 . Jeffrey Goldberg,Vice President &AssistantSecretary ofWashingtonInternational Insurance CompanySt AssistantSecretaryof North American Specially Insurance Company J"'//'/Deportment of Industrial Relations Public Works Contractor Registration Search Trias a Batingtfcijtrenta™!KiteconBaW Erie/atleast one search criteria toofaptey active r<yixe^putfc txfa contactors)owtcfiinj your selections 1000002869leglstratjonNumber: ZoMractor Legal Name: jcense Number: Search jj Reset I |Durham Construction Company,Inc.Contractor license Lookup 765895 Z! 'ubrtc Worts Contractor Ragistratlon Wab Sa_c*i Rasults One Registered Contractor found. 1 l«9*INome DURHAM CONSTRUCTION COMPANY,INC _port as:S E_a Iflf!£_E «:J*gatt^Nwate t LI<e«t««Tyr»/WumDerfj)Rtx)l»„^ :1000002869 CSia:765896 i 11/18/2014 06/30/2015 Legal Name DURHAM CONSTRUCTIONCOMPANY. INC. Registration Number 1000002869 License Type/Number(s) CSLB:765896 Registration Date Expiration Date 11/18/2014 06/30/2015 COUNTY OF FRESNO ADDENDUM NUMBER:ONE (1) RFQ NUMBER:912-5334 JOB ORDER CONTRACT March 13,2015 PURCHASING USE G:\PUBUC\RFQ\FY 2014-15(912-5334 JOB hre ORDER CONTRACTS2-5334 ADO 1.D0C IMPORTANT:SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER,CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO,Purchasing 4525 EAST HAMILTON AVENUE,2nd FLOOR FRESNO, CA 937024599 Closing date of bid will be on March 27,2015 at 2:00 p.m. QUOTES WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M All quotation information will be available for review aftercontract award. Clarification of specifications is to be directed to:Louann M.Jones,phone (559)600-7118,e-mail CountvPurchasinq@co.fresno.ca.us.fax (559)600-7126. NOTE THE FOLLOWING AND ATTACHED ADDITIONS,DELETIONS AND/OR CHANGES TO THE REQUIREMENTS OF REQUEST FOR QUOTATION NUMBER:912-5334 AND INCLUDE THEM IN YOUR RESPONSE.PLEASE SIGN AND RETURN THIS ADDENDUM PAGE WITH YOUR QUOTATION. >This RFQ will award three contracts for three vendors >One bid (Volume One)per vendor shall be submitted >Since July 1,2014,the Stateof California's Department of Industrial Relations,under law SB 584, requires contractors to register before bidding onstateand local public works projects. >See attached Gordian License &Fee Agreement - ExhibitA Bidder is required to provide DIR registration # with their bid. ACKNOWLEDGMENT OF ADnFNDUM NUMBERONE m TO RFQ fl19.saa_ COMPANY NAME: SIGNATURE: NAMES TITLE:Chris Durham,President (PRINT) G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACT\912-5334 ADD 1.DOC (4/11}