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Agreement No.15-184 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 Velis Engineering, Inc. hereinafter "CONTRACTOR". 5 WHEREAS, the COUNTY has a need for Job Order Contracting services; and 6 WHEREAS, the CONTRACTOR is qualified and willing to perform said services. 7 NOW, THEREFORE, the parties agree as follows: 8 WI T N E S S E T H: 9 This Agreement shall establish a competitively bid, fixed price, indefinite quantity, Job Order 1 0 Contract. The scope of work to be performed pursuant to this Agreement includes a comprehensive 11 listing of detailed repair and construction tasks and specifications that have pre-established units of 12 measure and unit prices listed in the Construction Task Catalog developed for the COUNTY by the 13 Gordian Group. The work under this Agreement shall be carried out pursuant to individual Job (or 14 Task) Orders and shall involve the repair, alteration, modernization, maintenance, rehabilitation, 15 reconstruction, or construction of public buildings, streets, utilities, and other public works. 16 The obligations of all parties under this Agreement shall be as set forth in this Agreement and 17 detailed in accordance with COUNTY's Request for Quotation No. 912-5334 and all addendums 18 thereto (collectively, the "RFQ") attached hereto as Exhibit A and CONTRACTOR's Response to the 19 RFQ ("Response") attached hereto as Exhibit B, 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 of Section 1770 of the Labor Code,the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension,vacation,travel time, and subsistence pay as provided for in Section 1773.8, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done.Said wages are on file with the Clerk of the Board of Supervisors,Room 301,Hall of Records, Fresno,California,and are incorporated herein by reference. It shall be mandatory upon the CONTRACTOR herein and upon any subcontractor to pay not less than the said specified rates to all laborers, workmen and mechanics employed 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 portionthereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any workdone under this Agreement by CONTRACTOR or by any subcontractor under CONTRACTOR in violation of the provisions of the Labor Code and in particular,Labor Code Sections 1770 to 1780,inclusive.In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the CONTRACTOR. The CONTRACTOR and each subcontractor shall keep or cause to be kept an accurate record showing the names and occupations of all laborers, workmen and mechanics employed by him inconnection with the execution ofthis Agreement or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the COUNTY, its officers and agents and to the representatives of the Divisionof Labor Law Enforcement of the 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 provisionsof Section 1777.5 and Section 1777.6 ofthe Labor Code concerning the employment of apprentices. C.It is further understoodand agreed that,in accordance with the provisions of Sections 1810 to 1815 ofthe Labor Code ofthe State of California,eight (8) hours labor shall constitute a day's work, but because this is a contract for publicwork, work performed by employees ofthe CONTRACTOR and each Sub-Contractor in excess ofeight (8) hours per day, and forty (40) hours in any one week, shall be permitted upon compensation for all hours worked in excess of eight (8)hours per day at not less than one and one-half (1 1/2)times the basic rate of pay. The CONTRACTOR and each subcontractor shall keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement,which record shall be open at all reasonable hours to the inspection of the COUNTY or its officer or agents and to the Chief of the Division of Labor Statistics and Law Enforcement ofthe Department of Industrial Relations, his deputies or agents.Itis hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the COUNTYthe sum of twenty-five dollars ($25)for each laborer, workman employed by CONTRACTOR or any subcontractor under CONTRACTOR, for each calendar day during which such laborer or workman is required or permitted to labor more than eight (8)hours in violation of this stipulation. The Board of Supervisors hereby specifies that portions of the work can only be performed outside the regular working hours as defined inthe 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 inthe 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 COUNTY'S approval.In no case does such approval relieve the CONTRACTOR of any conditions imposed by this 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 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 ofthe 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 COUNTYand any Sub-Contractor of any tier. The COUNTY reserves the right to reject any proposed Sub-Contractor,installer,or supplier who cannot show satisfactory evidence of meeting the qualifications required by the Contract Documents.In the event of such rejection,the CONTRACTOR shall,within the time frame listed for submittal of revised Proposals,submit the name and qualifications of a replacement Sub- Contractor,installer or supplier satisfactory to the COUNTY.Such replacement submittal shall be in accordance with all Contract Documents.No adjustment of Proposal price shall be made in the event of such replacement. When an individual Job Order utilizes Federal Funds and the COUNTY elects to require Disadvantaged Business Enterprise (DBE)participation,the CONTRACTOR shall follow the Federal Good Faith Effort requirements for inclusion of DBE Sub-Contractors and suppliers. 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 provideinspection and acceptance ofthe work. III.TERM The term ofthis Agreement shall be ineffect for one year from May 20,2015 through May 19, 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 calendar year ofthe commencement date ofthis Agreement as set forth on page one. IV.TERMINATION A.Non-Allocation ofFunds -the terms ofthisAgreement, and the services to be provided thereunder,are contingent on the approval offunds bythe appropriating government agency.Should sufficient funds not be allocated,the services provided may be modified, or this Agreement terminated,at any time by giving the CONTRACTOR thirty (30)days advance written notice. B. Breach ofContract - the COUNTY may immediately suspend orterminate 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. Inno event shall any payment by the COUNTY constitute a waiver by the COUNTYof any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which inthe judgment of the COUNTY were not expended in accordance with the terms ofthis Agreement. The CONTRACTOR shall promptly refund any such funds upon demand. C. Without Cause - Under circumstances other than those set forth above,this Agreement may be terminated by COUNTY upon the giving of thirty (30)days advance written notice of an intention to terminate to CONTRACTOR. V.COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation for each Job Order in accordance with the CONTRACTOR'S Adjustment Factors stated on the Bid Schedule set forth in CONTRACTOR'S Response,which are as follows: 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 Normal Working Hours Adjustment Factor 0.7600 Other than NormalWorking Hours Adjustment Factor 0.7610 Federally Funded Normal Working Hours Adjustment Factor 0.7600 Federally Funded Other than NormalWorking Hours Adjustment Factor 0.7610 Total 0.7603 The Minimum Contract Value is $25,000 (twenty-five thousand dollars). The CONTRACTOR will receiveJob Orders totaling a minimum of$25,000 duringthe term ofthisAgreement. The Maximum Contract Value is $2,000,000 (two million dollars).The Maximum Contract Value maybe increasedby uptothe sum authorized by Public ContractCode Section20128.5 (currently approximately $4,500,000). Anyincrease inthe Maximum ContractValue will be bymutualagreement. Atnotime maythe sum ofthe outstandingJob Orders exceed the amount ofthe Payment Bondand Performance Bond.AJob Order isoutstanding until the COUNTY has accepted the work described in the Job Order by execution of a Notice of Completion. CONTRACTOR will not be issued Job Orders which in totalexceed the Maximum Contract Value.The COUNTY does notguarantee the CONTRACTOR will receive Job Orders totaling the Maximum Contract Value. CONTRACTOR shallsubmit monthly invoicesper Job Order in triplicate to the Countyof 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 Contract Value duringthe term ofthis Agreement. Itis understood that all expenses incidentalto CONTRACTOR'S performance ofservices under this Agreement shall be borne by CONTRACTOR. VI.LIQUIDATED DAMAGES: Itis understood and agreed by both parties to this Agreement that in case all the Work specified or indicated inthe Contract Documents is not completed within the specified time frames set forth in the Job Order,or within such time limits as extended,damages will be sustained bythe COUNTY inthe event ofand 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 actualdamage which the COUNTY will sustainbyreason ofthe delay.It is therefore agreedthatthe CONTRACTOR will pay,at a minimum,tothe COUNTY,thesumof money stipulated perday inthe Job Orderforeach day's delay in completing the work beyondthe time prescribed. Application of Liquidated Damages and the valueof liquidated damages will be determined by the County ona Job OrderbyJob Orderbasis. EachJob Order will state whether Liquidated Damages will be applied. COUNTY may withholdLiquidated Damages from payments to the CONTRACTOR as such damages accrue, or,at COUNTY'S discretion,withhold Liquidated Damages from any paymentsdue orthat become due pursuant to the Contract,including Retention and final payment (pursuant to California GovernmentCode §53069.85). AcreditJob Ordershall be executed to assess liquidated damages. VII.INDEPENDENT CONTRACTOR: In performance ofthe work, duties and obligations assumed by CONTRACTORunder this Agreement, itis mutually understood and agreed that CONTRACTOR,including any and allofthe CONTRACTOR'S officers,agents, employees and subcontractors will at all times be actingand performing as an independent contractor,and shall act inan independent capacityand notas an officer,agent, servant,employee,jointventurer, partner, or associate ofthe COUNTY.Furthermore, COUNTY shall have no right to control or supervise ordirectthe manner or method by which CONTRACTOR shall perform itsworkand function.However,COUNTY shall retainthe right to administerthis Agreement so as to verify that CONTRACTOR is performing its obligationsin accordance with the terms and conditions thereof. CONTRACTOR and COUNTYshall comply with all applicable provisions of law and the rules and regulations, ifany, ofgovernmental 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 solelyliableand responsible for providing to, or on behalfof, its employees all legally-required employee benefits. Inaddition, 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 paymentof CONTRACTOR'S employees,including compliance with Social Security withholding and all other regulations governing such matters.It is acknowledged that duringthe term ofthis Agreement,CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. VIII.MODIFICATION: Any matters ofthis Agreement may be modified fromtime to 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 in any 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 in any of the Contract Documents,the order of precedence shall be as follows: 1)Permits from other agencies as may be required by law. 2)Permits issued by the COUNTY. 3)Changes to Job Orders 4)Job Orders 5)Agreement 6)CONTRACTOR'S Bid 7)Addenda 8)General Conditions 9)Technical Specifications 10)Construction Task Catalog 11)Reference Specifications 12)Instruction to Bidders 13)Notice Inviting Bids X.NON-ASSIGNMENT: Neither COUNTYnor 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 orduties underthisAgreement without the prior written 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 occurringor resulting to any person,firm,or corporationwho may be injured or damaged by the performance,or failure to perform,of CONTRACTOR,its officers,agents, or employees underthis 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 forceand effect,the following insurance policies or a program ofself-insurance, throughout the term ofthis Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrenceand an annual aggregate of Two Million Dollars ($2,000,000).This policy shall be issued on a per occurrence basis.COUNTY may requirespecific coverages including completed operations, products liability,and contractual liability,Explosion-Collapse-Underground,fire legal liability or any other liability insurance deemed necessary because ofthe nature ofthis contract. B.Automobile Liability Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00),or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in connection with this Agreement. C.Professional Liability 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 limits ofnot 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 insuranceas may be required bythe California Labor Code. E.Property Installation Floater CONTRACTOR shall procure and maintain at CONTRACTOR'S solecostand expense,Property Installation Floaterwhich providesforthe improvement, remodel,modification,alteration,conversion, or adjustment to existing buildings,structures,processes,machinery and equipment.The Property Installation Floater shall provide property damagecoverage for any building,structure,machinery,or equipment damaged,impaired,broken,or destroyed during the performance ofthe Work,including duringtransit,installation,and testing at the COUNTY'S site. The policy must name the COUNTY as an additional loss payee and include applicable endorsements. F.Bonds Payment Bond and PerformanceBonds will be in placefor all Job Orders inan amountequal to the sum of any outstanding Job Orders. CONTRACTOR shallensure that any subcontractorsorotheragents used in fulfilling the terms and obligationsofthisAgreement shall have the same levelofinsurance and indemnification required of CONTRACTOR. CONTRACTOR shallobtainendorsements tothe Commercial General Liability insurance naming the CountyofFresno, its officers,agents, and employees,individually and collectively,as additional insured, but onlyinsofar 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 noticegivento 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 thedate CONTRACTOR signsandexecutes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all ofthe foregoing policies,as required herein,tothe County of Fresno,Internal Services Department,Fenix Batista,4590 E.Kings Canyon,Fresno,CA 93702,stating thatsuch insurance coverageshavebeen obtained and are in full force;thatthe County of Fresno,its officers,agents and employees will notbe responsibleforany premiums onthe policies;that such Commercial General Liability insurancenames the County ofFresno, its officers,agents and employees,individually and collectively,as additional insured,but only insofar as the operations underthis Agreement are concerned;thatsuch 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 beexcess 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 noticegivento COUNTY. In the event CONTRACTOR failsto keep ineffectat alltimes insurance coverage as herein provided,the COUNTY may, inadditionto 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 companiespossessing a current A.M.Best,Inc.rating ofAFSC 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 COUNTY to auditand inspect all ofsuch records and data necessary to ensure CONTRACTOR'S compliance withthe terms ofthis Agreement. If thisAgreement exceeds ten thousand dollars ($10,000.00),CONTRACTOR shall be subject tothe examination and audit ofthe Auditor General fora periodofthree (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 COUNTYOF FRESNO Velis Engineering, Inc. Fenix Batista Attn: Cynthia Benites 4590 E. Kings Canyon 1929 Industrial Way Fresno,CA 93702 Sanger,CA 93657 Anyand all notices between the COUNTY and the CONTRACTORprovided for or permitted under this Agreement or by lawshall be in writing and shall be deemed duly served when personally delivered to one ofthe parties, or inlieuofsuch personal services,when deposited inthe United States Mail,postage prepaid,addressed to such party. XV.GOVERNING LAW: Venue for any action arising out ofor 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-profitcorporation) or ifduring the term ofthis Agreement,the CONTRACTOR changes its status to operate as a corporation. Members ofthe 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 COUNTYwith respectto the subjectmatterhereofand supersedes all previous contract negotiations,proposals, commitments,writings,advertisements,publications,and understandings ofany nature whatsoever unless expressly included in this Agreement. 13 1 2 3 4 5 6 7 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 9 DATE: 4 . i (o. i 6 10 Velis Engineering, Inc. 1929 Industrial Way Sanger, CA 93657 11 12 13 14 Approved As to Legal Fonn 15 Daniel C. Cederberg, County Counsel 161~~~~~~~~~------ 17 18 19 20 Approved As to Accounting Fonn Vicki Crow, CPA Auditor -Controllerffreasurer-Tax Collector 21 By: 22 23 24 25 26 27 28 Robert W. Bash Director of Internal Services/ Chief Information Officer proval Deborah A. Poochigian Chairman, Board of Supervi r DATE:4Y\Co--\q_ LOI~ ATTEST: 'd-\v':le.._.~ 1-I ~(~ Bernice Seidel, Clerk, Board of Supervisors FOR ACCOUNTING USE ONLY: lSD -Facility Services Fund: 1045 Subclass: 10000 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 to as "County Contractor"),must disclose any self-dealing transactions that they are a party to while providing goods,performing services, or both forthe County.Aself-dealing transaction is defined below: "A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1) Enter board member's name,job title (if applicable),and date this disclosure is being made. (2)Enter the board member's company/agency name and address. (3)Describe in detail the nature ofthe self-dealing transaction that is being disclosed to the County. Ata minimum,include a description of the following: a.The name of the agency/company with which the corporation has the transaction;and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4)Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5) Form must be signed bythe board member that is involved inthe 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 describethe nature of the self-dealingtransactionyou area partyto): (4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5)Authorized Signature Signature:Date: Exhibit "A" COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER:912-5334 JOB ORDER CONTRACT VOLUME ONE (1) February 27,2014 purchasing use G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER ORG/Requisition:8935/1321501094 ssj CONTRACTS2-5334 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""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 availableforreviewafter contract award. Clarification of specifications is to be directedto: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 RFQ/RFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE ATTHE PRICES AND TERMS STATED,SUBJECTTO 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 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 in ink.Noerasures permitted.Errors may be crossed out,initialed and corrections printed in ink by person signing bid. B)Brand Names:Brand names and numbers when given are for reference. C)All bids must be dated and signed with the firm's name and by an authorized officer or employee. D)Unless otherwise noted,prices shall be firm for one hundred eighty (180)daysafter closing date of bid. 2. SUBMITTING BIDS: A)Each bid must be submitted on forms provided in a sealed envelope/package with bid numberand closing dateandtimeonthe outsideofthe envelope/package. B)Interpretation:Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning,the bidder shall notify the Buyer in writing at once. The County shallnotbe held responsible for verbal interpretations.Questions regarding the bid must be received byPurchasing atleastfive (5)working days before bid opening.All addendaissuedshallbe in writing,duly issuedby Purchasingand incorporated intothe contract. C)ISSUING AGENT/AUTHORIZED CONTACT:This RFP/RFQ has been issued byCounty of Fresno,Purchasing.Purchasing shall be the vendor's sole point ofcontactwith regard tothe RFP/RFQ,its content,and allissues concerning it. All communication regarding this RFP/RFQ shallbe directed toan authorized representative ofCounty Purchasing.Thespecific buyer managing this RFP/RFQ is identified onthe cover page,along with his orher telephone number,andheorshe should bethe primary point of contact for discussions or information pertaining to the RFP/RFQ.Contact with anyother County representative,including elected officials,forthe 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 or in writing)with suchother County representatives,may constitute grounds for rejection by Purchasingofthe 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\912-5334JOB ORDER CONTRACT\912-5334 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 under the protest procedures.Second,in the event a public hearing is scheduled before the Board of Supervisors to heartestimony prior to its approval ofa purchase order orcontract,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 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,CHARGESAND EXTRAS: A)County ofFresno 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 of Fresno. W-9 - REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION &CALIFORNIA FORM 590 WITHHOLDING EXEMPTION CERTIFICATE: Upon award of bid,the vendor shall submit to County Purchasing,a completed IRS FormW-9-Request forTaxpayer Identification Numberand Certification anda California Form 590 Withholding Exemption Certificate if not currently 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 shall take precedence when applicable.SaidPreferences apply only toRequestfor Quotations for materials,equipment and/or supplies only (no services);the preferences donotapply to Request for Proposals.The County shall bethesolejudgein making such determination. B)The County reservesthe 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 responseto this RFP/RFQ shalloccur only upon execution ofan agreement bybothpartiesor 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 shallbeawardedtothe Fresno County vendor or,if neither or both are Fresno County vendors,it may be awarded bythe flip ofa coin inthepresenceofwitnessesortheentire bid may be rejected and re-bid.If the General Requirements ofthe RFQ state thatthey are applicable,the provisions ofthe Fresno County Local Vendor Preference shall take priority over this paragraph. 8.PATENT INDEMNITY: The vendor shall hold the County,its officers,agents and employees, harmless from liability ofanynature or kind,including costsandexpenses, for infringement oruseofanycopyrighted or uncopyrighted composition, secret process,patented or unpatented invention,article or appliance furnished or used in connection with this bid. 9.SAMPLES: Samples,when required,mustbe furnished and deliveredfreeand, ifnot destroyed bytests,will upon written request(within thirty (30)daysof bid closing date)be returned atthe bidder's expense. Intheabsence ofsuch notification,County shall have the right to dispose ofthe samples in whatever manneritdeems appropriate. 10. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A)In caseofdefault byvendor,the County may procure the articles or service from another sourceand may recover thecost difference and related expenses occasioned thereby from any unpaid balance duethe vendor orby proceeding against performance bond ofthe vendor,ifany,orbysuitagainst the vendor.The prices paid bythe County shall be considered the prevailing market price atthe time such purchase is made. B)Articles or services,which upon delivery inspection do notmeet specifications,will be rejected andthe vendorwill be considered in default.Vendor shall reimburse County forexpenses related to delivery of non-specified goodsor services. C)Regardless of F.O.B.point,vendor agreestobear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery andsuch loss,injury or destruction shallnot releasevendorfrom any obligation hereunder. 11.SPECIAL CONDITIONS I CONDITIONS: I BID SCHEDULE SUPERSEDE GENERAL The"General Conditions"provisions ofthis RFP/RFQ shall be superseded if in conflict with anyother section ofthis bid,tothe extentofanysuch conflict. 12.SPECIAL REQUIREMENT: With the invoice or within twenty-five (25)daysof delivery,thesellermust provide to the County a Material Safety DataSheet for each product, which contains any substance on "The List of 800 Hazardous Substances",published bytheState Director ofIndustrial Relations.(See Hazardous Substances Information and Training Act,California State Labor Code Sections 6360through 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 anyproduct furnished pursuant tothis Agreement/order shall support a four-digit year format andbe able to accurately process date andtime data from,into and between the twentieth andtwenty-first centuries, as well as leapyear calculations."Product"shall include,without limitation, any piece or component of equipment,hardware,firmware,middleware, custom or commercial software,or internal components or subroutines therein. This warranty shall survive termination or expiration ofthis Agreement. In theevent ofanydecrease in product functionality oraccuracy related totime and/or datedata related codes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31,1999, vendor shall restore or repair the product tothesame level offunctionality as warranted herein,soasto minimize interruption to County's ongoing business process,time being of the essence.In the event that such warranty compliance requires the acquisition of additional programs,the expense for any such associated or additional acquisitions,which may be required, including,without limitation,data conversion tools,shall be borne exclusively by vendor.Nothing in this warranty shall be construed to limit any rights or remedies theCounty may otherwise have under this Agreement with respect to defects otherthanyear performance. 15. PARTICIPATION: Bidder may not agreeto extend the terms ofthe 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 maybea businessassociateof County,as thattermis defined in the "Privacy Rule"enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).As a HIPAA Business Associate,vendor may useor disclose protected health information ("PHI")to perform functions,activities or services for oron behalf of County as specified bythe County,provided that such use or disclosure shall not violate HIPAA and its implementing regulations.Theusesand disclosures ifPHI maynotbe more expansive than those applicable to County,as the "Covered Entity"under HIPAA's Privacy Rule,except as authorized for management,administrative or legal responsibilitiesofthe Business Associate. Vendor shall notuseorfurther disclose PHI other than as permitted or required bythe County,oras required by law without written notice tothe County. Vendor shall ensurethatany agent,including any subcontractor,to which vendor provides PHI received from,orcreatedor received bythe vendor on behalf of County,shallcomply with thesame restrictions and conditions with respect to such information. G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACT\912-5334 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" is not an indication ofCounty's acceptance ofan offer made in response to this RFP/RFQ.Appeals should be submitted to County of Fresno Purchasing,4525E.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 tothecomplainant 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 days after Purchasing's notification;except if,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 engagedfor the performance ofthe ensuing 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 ingood and legible condition all books, documents,papers,data files andotherrecords related toits performance underthis contract.Such recordsshall be complete and available to Fresno County,theStateofCalifornia,the federal government or their 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 payment underthe contract or 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 Requestfor Proposal (RFP);does not applyto Requestfor Quotation (RFQ)unless specifically stated elsewhere in the RFQ document. In their proposal,the bidder is required to disclose ifanyofthe following conditions apply to them,their owners,officers,corporate managers and partners (hereinafter collectively referred toas "Bidder"): •Within thethree-yearperiod preceding the proposal,theyhavebeen 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 or state antitrust statute; 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 forcauseor default. 21. DATA SECURITY: Individuals and/or agencies thatenterinto a contractual relationship with the COUNTY for the purpose ofproviding services must employ adequate controls anddata security measures,both internally and externally to ensure and 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 ofCOUNTY'S private,confidential or sensitive dataon 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 ofsecurityrelatedto 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 toissueany notification to affected individuals as required bylaw 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™)fortheir JOC program.TheGordian JOC Solution includes Gordian's proprietary eGordian®JOCApplications and Construction Task Catalog19,which shall beusedbythe Contractor to prepare and submit Job Order Proposals,subcontractor lists,andotherrequirements specified bythe County.The Contractor shall be required to execute Gordian's JOC System License andFee Agreement,andpaya1%JOCSystem License Fee to obtain access to the Gordian JOC Solution. 22.PURCHASING LOCATION &HOURS: Fresno County Purchasing is located at 4525E.Hamilton Avenue (second floor),Fresno,CA 93702.Non-holiday hours ofoperation are Monday through Friday,8:00A.M.to12:00Noon and1:00P.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 CONTRACTS 12-5334 JOB ORDER CONTRACT - VOL01.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 Thursday in November Friday following Thanksgiving December 25* New Year's Day Martin Luther King,Jr.'s Birthday Washington -Lincoln Day Cesar Chavez'Birthday Memorial Day Independence Day LaborDay Veteran's Day Thanksgiving Day Christmas *When this date falls on a Saturday,the holiday is observed the preceding Friday.If thedatefalls ona Sunday,the holiday is observed the following Monday. G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACT\912-5334 JOB ORDER CONTRACT - 1D VOL01.DOC PD-040 (10/13) Quotation No.912-5334 DOCUMENT SUBMITTAL Insubmitting 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 includingthe completion of all forms etc. The bidder in instructed to return Volume One withall information,signatures,bid guarantee etc.Volume Two,although applicable to the vendor's bid,should not be submitted. February 2D!5 County nf Fresno PageP-l 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 bidderis required to disclose if any ofthe following conditions applyto them,theirowners,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 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 •Within a three-year period preceding their proposal, they have had a public transaction (federal,state,or local)terminated for cause or default. Disclosure of the above information will not automatically eliminate a Bidder from consideration. The information will be considered as part of the determination of whether to award the contract and any additional information or explanation that a Bidder elects to submit with the disclosed information will be considered.If itis later determined that the Bidderfailedto 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 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 ineligiblefor participation infederal or state funded programs or from receiving federal 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 holdthe County harmless forany loss or damage resulting from a conviction,debarment,exclusion,ineligibility or other matter listed in the signed Certification Regarding Debarment,Suspension,and Other Responsibility Matters. February 20(5 County of Fresno Page P-2 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 12-5334 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 inability ofa personto provide the certification required below will not necessarily result indenial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below.The certificationor explanation will be considered in connection withthe department or agency's determination whether to enter into this transaction.However,failure of the prospective primaryparticipantto furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certificationinthis clause is a material representation offact upon which reliance was placed when the department or agency determined to enter into this transaction.If itis 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 ifat 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 inthis clause,have the meanings set out inthe 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 ingood 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 inthe ordinary course of business dealings. February 20I5 County of Fresno Page P-3 G:\Public\RFQ\FY 2014-15X912-5334 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 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 certifyto any of the statements inthis certification,such prospective participant shall attach an explanation to this proposal. Signature:Date: (Printed Name &Title)(Name of Agency or Company) February 20I5 Caunty of FrBSnD G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 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 BoardofDirectorsshall disclose any self-dealing transactions that they are a partyto while Contractoris 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 by completing 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 FrBSnD PegeP-5 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 PREVAILING WAGES PREVAILING WAGES:The work to be done onthis 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 inSection 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 holidayand overtime rates, on this project are on filewiththe Purchasing Department,4525 E. Hamilton Avenue,Fresno,California 93702, and are herein incorporated bythis reference.Information pertaining to applicable Prevailing Wage Rates may be found on the website forthe State of California - Department of Industrial Relations:http://www.dir.ca.qov/oprl/PWD/index.htm.Information pertainingto 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/pwappwaqe/PWAppWaqeStart.asp Itshall 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 publicwork 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 inwhich 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.Inaddition 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-G G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 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 Departmentof Industrial Relations has determined the general prevailing rate ofwages inthe locality for each craft or type ofworker needed to execute the work.Said wage rates pursuant to Section 1773.2 ofthe LaborCode are on file with the Clerkto 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.go v/dlsr. B.Pursuant to Section 1775 ofthe Labor Code ofthe State of California,nothing inthis Article shall prevent the employment of properlyregistered apprentices upon publicworks. Every such apprentice shall be paid the standard wage paid to apprentices under the regulations ofthe craft or trade at which he/she is employed, and shall be employed onlyat the workof 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 ofemployment 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 fullywith 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 20I5 Caunty 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: February 20I5 Contact: State: Date: Contact: State: Date: Contact: State: Date: Contact: State: Date: Contact: State: Date: County of Fresno G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Zip: Zip: Zip: Zip: Zip: PageP-8 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 ornot submitting a form supplied in the bid documents (even if the form does not require signature)may result in an irregular bid. Complete and submitthe following withyour bid: COVER PAGE OF RFQ #912-5334 VOLUME I DISCLOSURE -CRIMINAL HISTORY &CIVIL ACTIONS CERTIFICATION REFERENCE LIST BID SHEET Bidder name oneach 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 ofsubcontractors with their bids as the General Requirements Contract isan indefinite quantity contract and therefore the work is not defined prior to award.However,if the Contract is awarded,the successful bidder will be required to submit a list of all subcontractors with all Proposals for individual Job Orders. SIGNATURE PAGE - READ THE NOTICES AND NOTES Indicate 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 -list Owner'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 2015 County of Fresno Page P-9 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 12-5334 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'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 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 staple thepages together. Make sure your bid envelopeissealed and showsthe project name. If you mail your bid,allow time for postal delay.Bids received aftertheset 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 haveany questions,please contact Louann M.Jones,Purchasing Division,(559)600-7118. February 2DI5 County of Fresno Page P-ID G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc BID SHEET o/ Quotation No.912-5334 BIDDING DOCUMENTS BIDDER: SOLICITATION NO.:912-5334 PROJECT:Job Order Contract The bidder,declares that the onlypersons, or parties interested inthis bidas principalsare those named herein; that this bid is made withoutcollusion with any other person,firm or corporation;that he has carefully examined the location of the proposed work, the annexed proposed form ofcontract, 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 allthe materials specified in the contract inthe manner and timetherein 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 ,,and Bid Items: 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. 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 by the County in individual Job Orders against the contract. 1. Utilize four decimal places Bidfor 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. Utilize four decimal places Bidfor Other Than Normal Working Hours - in words February 20I5 County of Fresno PageP-ll G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 12-5334 Job Order Contract - Vol.01.doc BID SHEET Quotation No.912-5334 IDDING 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.) Utilize four decimal places Bidfor Normal Working Hours - in words Item 4-Unit work requirements to be performed during Other Than Normal Working Hours for federally funded Projects as ordered by the COUNTY in individual Job Orders against the contract.(Note:Item 4 may not be lower than Item 1) 4. Utilize four decimal places 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 Factor for non-federally funded Projects (Line 1 Below)added to 20% of Other Than Normal Working Hours Factor for non-federally funded Projects (Line 2 Below) added to 10%of Normal Working Hours Factor for federally funded Projects (Line 3 Below) added to 5% of Other Than Normal Working Hours Factor for federally funded Projects (Line4 Below). Award Criteria Formula: A Adjustment Factor from Above Line 1 Line 2 Line 3 Line 4 B Adjustment Factor Multiplier for Evaluation .65 .20 .10 .05 Award Criteria Figure: February 2D15 County of Fresno G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Percentage of Adjustment Factor to be used in Evaluation (carry to 4 decimal places) Page P-I2 BIDDER TD COMPLETE Quotation No.912-5020 BIDDING DOCUMENTS Notes to Bidder: 1. Specify lines 1 through 5 to four (4) decimal places.Use conventional rounding methodology (i.e., if the number in the 5th decimal place is 0-4,the number in the 4th decimal remains unchanged;if the number in the 5th decimal place is 5-9,the number in the 4th decimal is rounded upward). 2.The weighted multipliers above are for the purpose of calculating an Award Criteria Figure only. No assurances are made by the Owner that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above.The Award Criteria Figure is only used for the purpose of determining the Bid. 3.When submitting Job Order Price Proposals related to specific Job Orders,the Bidder shall utilize one or more of the Adjustment Factors applicable to the Work being performed. February 2DI5 County of Fresno PageP-l3 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc .0/ Quotation No.912-5334 BIDDING DOCUMENTS BIDDER: In case of a discrepancy between words and figures,the words shall prevail. Ifthis bid shall be accepted and the undersigned shall failto contract,as aforesaid,and to give the two bonds in the sums to be determined as aforesaid,with surety satisfactory to the Awarding Authority, within ten (10)days after the award of the contract,the Awarding Authority, at its option,may determine that the bidder has abandoned the contract,and thereupon this bid and the acceptance thereof shall be null and void,and the forfeiture of such security accompanying this bid shall operate and the same shall be the property of the Owner. PROJECT:Job Order Contract SOLICITATION NO.:912-5334 Accompanying this bid is security (check one only) in amount equal to Twenty Five Thousand Dollars ($25,000,000): Bid Bond ( ); Certified Check ();Cashier's Check ( ) The names of all persons interested in the foregoing bid as principals are as follows: IMPORTANT NOTICE:If bidder or other interested person is a corporation,state legal name of corporation,also names of the president,secretary,treasurer and manager thereof;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: SIGNATURE PAGE 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 2D15 County of Fresno Page P-14 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc o/ 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 2DI5 County of Fresno PageP-15 G:\Public\RFQ\FY 2014-15X912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc .0/ 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 making the foregoing bid that the bid is 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 in a false or sham bid, and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder or any other bidder, or to fixany overhead,profit,or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and, further,that the bidder has not, directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto,or paid,and will not pay, any fee to any corporation,partnership,company association, thereto,or paid,and will not pay, any fee to any corporation,partnership,company association, organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. (Signature)(Dated) (Title 23 United States Code Section 112) (Calif Public Contract Code Section 7106;Stats.1988,c.1548,Section 1.) *NOTE:Completing,signing,and returning the Noncollusion Affidavitis a required part of the Bid.Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. February 2DI5 County of Fresno Page P-IG G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01 .doc .0/ Quotation No.912-5334 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 certifies that he/she has/has not participated in a previous contract or subcontract subject to the equal opportunity clause,as required by Executive Orders 10925,11114,or 11246,and that he <has or has not>filed with the Joint Reporting Committee, the Directorof the Office ofFederal Contract Compliance,a Federal Government contractingor administering agency,or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (Company) By: (Title) Date: NOTE:The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause.Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5.(Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently,Standard Form 100 (EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1)prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Director,Office of Federal Contract Compliance,U. S.Department of Labor. February 20I5 County of Fresno Page P-I7 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 NOTE:The bidder shall check Box A or Box B. If the bidder does not check a box it will be deemed that he has checked Box A. The bidder certifies that: A. ( )I do not intend to subcontract any work on this project. B. ( )I do intend to subcontract portions of the work on this project. In accordance with the provisions of Section,"Participation by Minority Business Enterprises in Subcontracting,"in the Special Provisions,I have taken affirmative action to seek out and consider minority business enterprises for the portions of the work which are intended to be subcontracted and that such affirmative actions are fully documented in my records and are available upon request.In addition,I will take such affirmative action on any future subcontracting for the life of this contract. The above certification is required by Executive Order 11625. (Bidder) By: Date: (Title) February 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 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 withinthe past 3 years;does not have a proposed debarment pending; and has not been indicted,convicted,or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space: ( ) No Exceptions Exceptions will not necessarily result indenial of award, but will be considered in determining bidder responsibility.For any exception noted above,indicate below to whom it applies, initiating agency,and dates of action: Note:Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Bid. Signing the Bid on the signature portion thereof shall also constitute signature of this Certification. By my signature on this bid,I certify,under penalty of perjury under the laws of the State of California and the United States of America,that the Title 23 United States Code,Section 112 Non-Collusion Affidavit and the Title 49 Code of Federal Regulations,Part 29 Debarment and Suspension Certification are true and correct. (Bidder) By: Date: (Title) February 20I5 County of Fresno PageP-l 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 timeof 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 ofthe materials or equipment prove defective or should the work as a whole prove defective,due to faulty workmanship,material furnished or methods of installation,or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications,due to any of the above causes,all withintwelve (12)months after Noticeof Completion has been filed on a specific Job Order on whichthis contract is accepted bythe Owner, the undersigned agrees to reimburse the Owner, upon demand,for its expenses incurred in restoring said workto the condition contemplated insaid project, includingthe cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs,or, upon demand by the Owner, to replace any such material and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated. The Owner shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned.In the event the Owner elects to have said work performed by the undersigned,the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Owner. Ifthe 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-2D G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 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\FY2014-15\912-5334JOBORDERCONTRACT\912- 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 areto 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) o/ Quotation No.912-5334 INSTRUCTIONS TO BIDDERS NDTICETDCDNTRAGTDRS Sealed bids will be received at the 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 fallowing 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: DESCRIPTION OF WORK:This Notice Inviting Bids is for a Job Order Contract,a competitively bid,firm,fixed priced,indefinite quantity contract.The scape of wark 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 construct™.The CTC is based an current prices in Fresno far 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.Dnder 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. PRDCEDORE FDR 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 12,000,000.The term of each Contract is 12 months or the expenditure of the $2,000,000 maximum value of the Contract,whichever occurs first.The Maximum Contract Value may be increased by up to the sum authorized by Public Contract Code Section 20128.5 (currently approximately $4,500,000).Any increase in the Maximum Contract Value will be by bi-lateral agreement.After contract award,as the need for specific work arises,the County will issue the Contractor a Job Order specific Request for Proposal. The Contractor shall then submit a Job Order Proposal for a Detailed Scope of Work to the County.Upon receipt of the Contractor's Job Order Proposal,the County will evaluate the Job Order Proposal against the Contract and the County's estimate of costs for the Detailed Scope of Work,If the Contractor's Job Order Proposal is deemed acceptable,the Project Manager may issue a Job Order at the agreed upon Job Order Price.The Job Order Price is calculated by selecting applicable pre-priced construction tasks from the CTC Construction Task Catalog!and multiplying the Unit Prices for those tasks by the appropriate guantities 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 toas "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 (JOC)Solution (Gordian JOC Solution™)for their JOC program.The Gordian JOC Solution includes Gordian's proprietary eGordian"JOC Applications and Construction Task Catalog",which shall be used by the Contractor to prepare and submit Job Order Proposals,subcontractor lists,and other requirements specified by the Owner,The Contractor shall be required to execute Gordian's JDC System License and fee Agreement,and pay a 1%JOC System License Fee to obtain access to the Gordian JDC Solution. Inquiries regarding this contract should be directed to Louann Jones.Purchasing Division,(553)BDD-7II8.Oral explanations or interpretations of Bid Documents are not binding.Any explanation,interpretation or clarification of Bid Documents will be in the form of a written addendum to the Bid Documents issued to the holders of record ofsuch documents. February 2DI5 County of Fresno Page O-Q Quotation No.912-5334 INSTRUCTIONS TD BIDDERS Bids shall be submitted in a sealed opaque envelope addressed to the Division and labeled with the name of the bidder,the name of the project,the solicitation number,and the statement "Do Not Dpen Until The Time Df Bid Opening."The determination for award shall be based upon the two (2) lowest responsive,responsible bidders. PRE-BID CDNFERENCE: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 JDC from the Contractor's viewpoint atthe pre-bid conference.The pre-bid conference will be held at March II,2015 at ID:00 am.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 Catalog!and the Technical Specifications.The compact disk is in Adobe Acrobat format and contains that program if the bidder requires it.Bid security in the amount of twenty five thousand dollars ($25,000),and in the form of a bid bond issued by an admitted surety insurer licensed by the California Department of Insurance,cash,cashier's check or certified check shall accompany the bid.Bid security shall be made in favor of the County of Fresno. No contract will be awarded to a contractor who has not been licensed in accordance with the provisions of the Contractors State License Law, California Business and Professions Code,Division 5,Chapter 9,as amended,or whose bid is not on the Bid Form included in the solicitation.A valid California Contractor's License,Class "B",is required 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 (CDBG)funds are to be used the following terms will be enforced:"The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development,Community Development Block Grant Program,and subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968.as amended,12 USCI70IU." "Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and the contracts for work in connection with the project be awarded to eligible business concerns which are located in,or owned in substantial part by persons residing in the area of the project.Regulations for implementing the Section 3 clause are contained in 24 CFR 135,as amended and as specified in the project specifications." The County has,when it determines the necessity,established the following goal for Disadvantaged Business Enterprise (DBE)participation for projects using federal funds: Disadvantaged Business Enterprise (DBE):14.9 percent.This goal applies to only Federally Funded projects. In accordance with the provisions of Section 1770 of the Labor Code,the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare,pension,vacation,travel time,and subsistence pay as provided for in Section 1773,8,apprenticeship or other training programs authorized by Section 3093,and similar purposes applicable to the work to be done.Said wage determinations are on file with the Clerk of the Board of Supervisors and are incorporated herein by reference.Said wages are available only at the Department of Public Works,Design Division,Design Services Section. February 2015 County of Fresno Page O-l 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 tothat 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.,1.0000)or an adjustment "decrease from"(e.g.,.9500)or "increase to"(e.g.,1.2000)the Unit Prices listed in the CTC.Bidders who submit separate Adjustment Factors for separate Unit Prices will be considered non-responsive and their bid will be rejected. The 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 4104,the Contractor shall list in each Job Order Proposal,on forms provided by the Owner,the name,business location,and value of work of each subcontractor who will perform work or labor or render service, or any subcontractor licensed by the State of California who,under subcontract to the contractor,specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications,in an amount in excess of one half ofI percent of the proposed price for each Job Order. BIDDER'S GUARANTEE:The bidders shall guarantee the bids for a period of GO calendar days from the date of the bid opening.The Owner reserves the right to waive minor irregularities and to reject any and all bids. The successful bidder shall furnish a faithful performance bond in the amount of 100 percent of the Maximum Contract Value and a payment bond in the amount of 100 percent of the Maximum Contract Value.Each bond specified in this Notice (bid bond,faithful performance bond and payment bond)shall meet the requirements of all applicable statues,including but not limited to those specified in Public Contract Code section 20129 and Civil Code section 3248. Each bond specified in this Notice shall be issued by a surety company designated an admitted surety insurer in good standing with and authorized to transact business in this state by the California Department of Insurance,and acceptable to the County of Fresno.Bidders are cautioned that representations made by surety companies will be verified with the California Department of Insurance.Additionally,the County of Fresno,in its discretion,when determining the sufficiency of a proposed surety company,may require the surety company to provide additional information supported by documentation.The County generally reguires 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 reguire all information and documentation to which the County is legally entitled from any proposed surety company. Pursuant to Public Contract Code Section 22300,substitution of securities for any moneys withheld by the County of Fresno to ensure performance under the contract shall be permitted. February 2015 County of Fresno Page 0-2 \PV^^/Q Quotation No.912-5334 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS SECTION PAGL 1.01 EXPLANATION TO BIDDERS |-| 1.02 EXAMINATION OF BID DOCUMENTS,SPECIAL PROVISIONS AND SITE OF WORK 1-1 1.03 BID GUARANTEE |-| 1.04 PREPARATION OF BIDS |-| 1.05 SUBCONTRACTORS |-| I.OB SUBMISSION OF BID |-| 1.07 IRREGULAR BIDS 1-2 1.08 DISQUALIFICATION OF BIDDERS 1-2 1.09 WITHDRAWAL OR REVISION OF BIDS 1-2 1.10 PUBLIC OPENING DF 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 I Quotation No.912-5334 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TQ BIDDERS 1.01 EXPLANATION TO BIDDERS An explanation desired by bidders regarding the meaning or interpretation of the Bid Documents must be reguested 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. Dral 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 OF BIO DOCUMENTS,SPECIAL PROVISIONS AND SITE OF 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. 1.03 BID GUARANTEE The bidder shall furnish a proposal guarantee consisting of a bid bond,cash,certified check,or cashier's check for twenty five thousand dollars ($25,000). In case security is in the form of a certified check or cashier's check,the Owner may make such disposition of same as will accomplish the purpose of which submitted.Checks deposited by unsuccessful bidders will be returned as soon as practicable after the bid opening. 1.04 PREPARATION OF BIDS The bidder shall prepare his Bid on the blank Bid form furnished by the County.The bidder shall specify four Adjustment Factors to the Unit Prices in the Construction Task Catalogl 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. 1.05 SUBCONTRACTORS The Contractor is not to name Subcontractors at time of bid.In accordance with California Public Contract Code section 4104,the Contractor shall list in each Job Order Proposal,on forms provided by the Owner,the name,business location,and value of work of each subcontractor who will perform work orlabor or render service,or any subcontractor licensed by the State of California who,under subcontract to the contractor,specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Contract Documents,in an amount in excess of one half of I percent of the proposed price for each Job Order. The attention of bidders is directed to the provisions of Public Contract Code Section 4100 et.seq.which set forth the consequences and possible penalties which may result from a failure to comply strictly with the foregoing requirements for listing of subcontractors. The attention of bidders is also directed to Section l-I.IB,Post-Bid/Pre-Award Information,ofthese Instructions to Bidders. 1.06 SUBMISSION OF BID Each bid shall be submitted in a sealed envelope labeled to clearly indicate the project and contents. February 2015 County of Fresno Page 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 937D2.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 tothe bidder unopened. 1.07 IRREGULAR BIDS Bids shall be considered irregular and may be rejected for the following reasons: a.If the Bid forms furnished by the Owner are not used 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. c.If the bidder adds any provision reserving the right to accept or reject an award,orto enter into a contract pursuant to an award. d.If the bid fails to contain an Adjustment Factor for each item. 1.08 DISQUALIFICATION OF BIDDERS Any one or more of the following causes may be considered as sufficient for disgualification 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. ,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. c.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. e.Prior commitments or obligations which in the judgment of the Owner might hinder or prevent the prompt completion of the work. f.Failure to pay,or satisfactorily settle,all bills due for labor or materials on former contracts in force at the time of letting the bid. g.Failure to comply with any qualification regulation of the Owner, h.Omission of bid guaranty. 1.09 WITHDRAWAL OR REVISION OF BIDS Abidder may,without prejudice tu himself,withdraw a bid after it has been deposited,provided the reguest for such withdrawal is received in writing or by telegram before the time set for opening bids.The bidder may then submit a revised bid provided it is received prior to the time set for opening bids. 1.10 PUBLIC OPENING OF BIDS Bids will be opened and read publicly at the time and place indicated in the Notice to Contractors.Bidders or their authorized agents are invited to be present. 1.11 RELIEF OF BIDDER Abidder who claims a mistake in his bid must follow the procedures in Public Contract Code Section 5100 et.seq.in seeking relief of his bid. 1.12 AWARD OF CONTRACT(S) The County intends to award one contract to the Lowest Responsible Bidder for each contract listed.A separate bid package is required by each contractor wishing to bid each contract.Ifthe lowest bidder submits a bid package for another contract,that package will be opened,but considered not eligible unless remaining bid packaqes 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)toa 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. fhe 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 RFQ. The successful bidders shall furnish a faithful performance bond in the amount of 100 percent of the Maximum Contract Amount and a payment bond in the amount of 100 percent of the Maximum Contract Amount.Each bond specified in this Notice (bid bond,faithful performance bond and payment bond)shall meet the requirements of all applicable statues,including but not limited to those specified in Public Contract Code section 20129 and Civil Code section 3248:said bonds shall be submitted in triplicate. The payment bond shall contain provisions such 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 tothe Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor,then the surety will pay these amounts.In case suit is brought upon the payment bond,the surety will pay a reasonable attorney's fee to be fixed by the court. The contract form is attached hereto for the Contractor's information only.Execution of the contract by bidders will not be required,until after the bid award is made.Liability and Workers Compensation Insurance requirements shall be asset forth in the Agreement. 1.15 POST-BID /PRE-AWARD INFORMATION The apparent low bids will be determined on the basis of the weighted average of the total number of Adjustment Factors submitted.The apparent low bidders will be notified by mail after bid opening day.Upon receipt of notification,the apparent low bidders must complete the Pre-Award forms found in these Bidding Documents.The Bidders shall complete and return these forms 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 2015 County of Fresno Page 1-3 <£jRE^Quotation No.912-5334 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS SECTION PAGE 2.01 IDENTIFICATION OF CONTRACT 2-1 2.02 CORRELATION OF CONTRACT DOCUMENTS 2-1 2.03 DEFINITIONS 2-1 2.04 CONTRACT DOCUMENTS.SPECIFICATIONS AND DRAWINGS 2-3 2.05 CONTRACTOR RESPONSIBILITIES 2-3 2.06 SUB-CONTRACTORS 2-4 2.07 PREROGATIVE DF OWNER 2-5 2.08 CONTROL OF THE WORK 2-5 2.D9 INSPECTION 2-5 2JD TAXES,PERMITS,FEES.AND INDEMNIFICATION FOR PATENT INFRINGEMENT CLAIM 2-6 2.11 PAYMENT 2-6 2.12 CHANGES TO THE JOB ORDER 2-7 2.13 ASSIGNMENT OF MONEYS 2-8 2.14 GUARANTEE OF WORK 2-8 2.15 RESPONSIBILITY FOR DAMAGE 2-8 2.16 RESOLUTION DF CONTRACT CLAIMS 2-9 2.17 INSURANCE 2-11 2.18 BONDS 2.12 February 2015 County of Fresno Page 2- <£RE^Quotation No.912-5334 INSTRUCTIONS TD 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 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 or the Director of Department of Public Works and his/her authorized agents as defined in Section 2.03(b),Dr a 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:orcorporation so named in Agreement:when used in the body of the Contract Documents,refers to the Contractor for that specific work,whether it be the General Contractor,Sub-Contractor,or other Contractor. e.Sub-Contractor -Person,persons,entity,co-partnership or corporation having direct contract with Contractor. f.Adjustment Factor -is the Contractor's competitively bid price adjustment to the Unit Prices published in the Construction Task Catalog!. g.Bid Documents -Notice 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 Owner together with a specified unit of measurement and Unit Price. i.Contract Documents -Bid Documents and any amendments,modifications,or revisions to the Bid Documents;all Job Orders issued under the Contract;all amendments,modifications,or revisions to the Contract;the Contractor's bid:surety bonds;certificates of insurance;County notification to the Contractor that Work is needed:County Requests for Proposals;and any design drawings provided by the County with the Job Orders. j.Final Completion of the Job Order -the last date on which all of the following events have occurred:the County has determined that all Punch List Work and any other remaining Work have been completed in accordance with the Contract Documents;final inspections have been completed and all operations systems and equipment testing have been completed;the issuance of final occupancy certifications (if any);all deliverables have been provided to the County and all contractual requirements for final payment have been completed. k.Job Order Contract (JOC)-also referenced herein as "the Contract";a competitively bid,firm fixed-price,indefinite-quantity contract for accomplishing construction and construction-related services.Work is accomplished through the issuance of individual Job Drders.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 2015 County of Fresno Page 2-1 u. V. w. y- z. aa bb. cc. dd. ee. Quotation No.912-5334 INSTRUCTIONS TO BIDDERS Non-Prepriced (NPP)Tasks -the units of Work that are not included in the Construction Task Catalogl but are required by the Detailed Scope of Work. 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. 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. Notice to Proceed -written authorization from the County for the Contractor to commence a Job Order. 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. Plans -the drawings,sketches,illustrations,specifications or other pertinent information included on or attached to the Job Order. Prepriced Task -An item of work included in the Construction Task Catalogl for which a unit price is given. Project -collectively,the improvements to be constructed by the Contractor pursuant to one ormore Job Orders. 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. 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. 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. Job Order Completion Time -The time within which the Contractor must complete the Detailed Scope of Work. Joint Scope Meeting - Asite meeting to discuss the work before the Detailed Scope of Work isfinalized. 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. 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. Detailed Scope of Work -shall mean the complete description of services to be provided by the Contractor under an individual Job Order. Job Order -the documents that indicate the Work to be accomplished under this Contract.The County will be responsible for the development of the Job Order as well as the inspection and acceptance of the Work contained within the Job Order.The County will review the Contractor's Proposal and if acceptable,shall issue a Job Order for the Work described therein.Each Job Order shall include a Detailed Scope of Work,a lump sum,firm fixed Job Drder Price Proposal from the Contractor based upon the Construction Task Catalog!or NPP Task formula in Paragraph 3.04 of the Supplemental General Conditions,whichever is applicable,time for completion of the Work,and any special conditions that might apply to that specific Job Order,such as Liquidated Damages.The County also reserves the right to issue a Job Order to the contractor for a Job Drder Price Proposal that is generated by the County that in the opinion of the Owner,best represents the Detailed Scope of Work (DS0W)for such project. ff.Unit Price -refers to the price published in the Construction Task Catalog!for a specific construction or construction-related task.The Unit Prices are fixed for the duration of the Contract.Each Unit Price is comprised of the labor,eguipment 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 reguirements 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 2DI5 County of Fresno Page 2-2 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS follows: 1 2 Permits from other agencies as may be required by law. Permits issued by the Owner. 3 Changes to Job Orders 4 Job Orders 5 6 Agreement Contractor's Bid (Bid Form) 7 Addenda 8 General Conditions 9 10 Technical Specifications (Divisions 2 through 19) Construction Task Catalog! II 12 Reference Specifications Instructionto Bidders 13 Notice Inviting Bids b.Division of Contract Documents -For convenience of reference and to facilitate the letting of independent contracts,the Contract Documents may be separated into certain sections;such separation shall not operate to oblige the Director only or designee to establish the limits of any contract between the Contractor and Sub-Contractor each of whom shall depend upon his/her own contract stipulations. The General Conditions apply with equal force to all work,including extra work. c.Discrepancies -Should the Contractor,at any time,discover a mistake in any of the Contract Documents or any discrepancy therein,or any variation between dimensions on the Contract Documents and measurements at site,or any lacking of dimensions orother information,he shall report at once to the Director for correction and shall not proceed with the work affected thereby until such correction has been made. d.Shop Drawings -Mill drawings,shop drawings,setting diagrams,schedules,maker's specifications and illustrations requisite for the various parts of the work shall be provided and promptly submitted by the Contractor.These shall be submitted in duplicate or as directed, shall be corrected if necessary and resubmitted until review by the Director is complete,after which corrected copies of each shall be filed with him and the necessary additional copies supplied for use in connection with the work.Corrections or comments made on the shop drawings during this review do not relieve the contractor of his/her responsibility to comply with the requirements of the drawings and specifications.This review is only to check for general conformance with the design concept of the project and general compliance with the Contract Documents.The Contractor remains responsible for:confirming and correlating all dimensions and quantities:selecting fabrication processes and techniques of construction;coordinating the work of the trades;and performing the work in a safe and satisfactory manner e.Trade Names and Alternatives -The intent of the specifications is to specify high-grade standard equipment,and it is not the intent of these specifications to exclude or omit the products of any responsible manufacturer,if such products are equal in every respect to those mentioned herein.Wherever an article,or any class of materials,is specified by the trade name or by the name of any particular patentee, manufacturer or dealer,it shall be taken as intending to mean and specify the article of material described or any other equal thereto in quality,finish and durability,and equally as serviceable for the purpose for which it is or they are intended. f.Materials -All materials,unless otherwise specified,shall be new and of good quality,proof of which shall be furnished by the Contractor; in case of doubt as to kind or quality required,samples shall be submitted to the Director who will specify the kind and use of the material appropriate to the location and the function of the item in question and Contractor shall furnish such accordingly. 2.05 CONTRACTOR RESPONSIBILITIES a.Supervision Procedures 1.The Contractor shall give efficient supervision to the work,using therein the skill and diligence for which he is remunerated in the contract Adjustment Factors.He shall carefully inspect the site and study and compare all contract Documents and other instructions,as ignorance of any phase of any of the features or conditions affecting the Contract will not excuse him from carrying out its provisions toits full intent. 2.The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the project site February 2015 County of Fresno Page 2-3 2.06 February 2DI5 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS during the progress of the work.The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor.The Contractor shall identify in writing the name and experience of the Superintendent for Owner review.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. ConstructionProcedures 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.Additiooally.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 tothe work. 4.Safeguards -The Contractor shall provide,in conformity with all local codes and ordinances and as may be required,such temporary walls,fences,guard-rails,barricades,lights,danger signs,enclosures,etc.,and shall maintain such safeguards until all work is completed. 5.When the Owner furnishes equipment or materials to the Contractor for use or inclusion in the Work,the Contractor's responsibility for all such equipment and materials shall be the same as for materials furnished by the Contractor. 6.Housekeeping -Contractor shall keep the premises free of excess accumulated debris.Clean up as required and as directed by the Engineer.At completion of work all debris shall be removed from the site. 7.Contractor's Right to Stop Work or Terminate Contract -If through no fault of the Contractor or of anyone employed by him (I)the work is stopped by order of any court or governmental authority,or (2)the Owner fails to issue any certificate for payment within Forty-five days after itis due or (3)the Owner fails to pay the Contractor within Forty-five days after its presentation,any sum certified by the Owner or awarded by arbitrators,then the Contractor may,upon ten days'written notice to the owner,stop work or terminate the contract,and the Owner shall be liable to the Contractor for any loss sustained and reasonable profit. 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 4100 et seg. Relation with Sub-Contractor -The Contractor shall bind every Sub-Contractor and every Sub-Contractor agrees to be bound by the terms of the Contract Documents to carry out their provisions insofar as applicable to their work;and the Contractor further agrees to pay to each Sub-Contractor promptly upon issuance of Certificate of Payment,his/her ortheir due portion. Owner's Relation -Neither the acceptance ofthe name of Sub-Contractor nor the suggestion ofsuch name nor any other actofthe Owner nor anything contained in any Contract Document isto be construed as creating any contractual relation between the Owner and any Sub- Contractor of any 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 gualifications 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 gualifications of a replacement subcontractor,installer or supplier satisfactory tothe Owner.Such replacement submittal shall be in accordance with all Contract Documents. f.No adjustment of Job Order Price shall be made in the event of such replacement. g.When an individual Job Order utilized Federal Funds and the County elects to require DBE participation,the Contractor shall follow the Federal Good Faith Effort requirements for inclusion of DBE subcontractors and suppliers.(All Job Orders that have federal funding shall follow the reporting requirements listed in the Grantees'funding documentation as directed by the County Project Manager. 2.07 PREROGATIVE DF OWNER The Owner may perform or employ others to undertake portions of work persistently neglected by the Contractor,provided that,after three days' written notice to the Contractor,work is still undone.In such case,the work shall be done under direction of the Director or designated County Official or designee and the cost deducted from the amount of next payment falling due to the Contractor.Such action shall,in no way,affect the status of either party under contract,nor be held 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 Drder;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 reguire 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 guestions arising in connection with the execution ofthe 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 tests that may be required by the Director. Should it be considered necessary or advisable by the Director at any time either before acceptance of the entire work or after acceptance and within the guaranty period to make an examination of work already completed,by removing or tearing out same,the Contractor shall on reguest promptly furnish all necessary facilities,labor,and material.If such work is found to be defective in any material respect,due to the fault of the Contractor or his/her Sub-Contractors,he shall defray all the expenses of such examination and of satisfactory reconstruction.If,however,such work is found to meet the requirements of the contract,cost necessarily involved in the examination and replacement,as determined by use of the Construction Task 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 shallbe stated 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,orTrade Secret rights,the Contractor shall indemnify,save the Owner free and harmless,and defend,at the Contractor's own expense,any and all suits that may be brought in such connection. 2.11 PAYMENT Payments shall be made on inspected and approved Work only.If an individual Job Order requires 45 days or less for completion,the Owner will normally make one payment to the Contractor after the Notice of Completion,if required by the County,and retainage shall be paid after final acceptance of all Work contained under the Job Order and all Contract requirements for final payment have been satisfied.For Job Orders requiring greater than 45 days performance period,the Owner will consider a request for partial payments to the Contractor,not more than monthly. The Owner will make progress payments to the Contractor upon completion of portions of the work,as covered by the contract,in accordance with established County procedures: a.Before payment is made,the Contractor shall prepare for the Director's approval a statement covering the actual work completed under the terms of the Job Order.Aschedule of values listed by "CSI"or "Category"from the Contractors Job Order Price Proposal may be utilized for said scheduleofvalues. 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 Yi %)percent of the amount reguested.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 eguivalent 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 16430 ofthe Government Code,bank or savings and loans certificates of deposit,interest bearing demand deposit accounts,standby letters of credit,or any other security mutually agreed to by the contractor and the Owner. 4.Securities to be placed in escrow shall be of a value at least eguivalent to the amounts of retention to be paid to the Contractor. 5.The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. 6.The Contractor shall enter into an escrow agreement satisfactory to the Owner,which agreement shall substantially comply with PublicContract CodeSection 22300. February 2015 County of Fresno Page 2-FJ 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 or asa waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. Upon completion and acceptance of all work whatsoever required,and the release of all claims against the Owner as specified,the Director shall file a written Notice of Completion,if required by the County,with the County Recorder as to the entire amount of work performed. Forty-five (45)days after the filing of such Notice of Completion,if required by the Owner,the Owner will pay to the Contractor the amount therein stated,except as provided in paragraph 2.11-g,less all prior payment and advances whatsoever to or for the account of the Contractor,and less material and labor claims duly filed with the Owner on account of this contract.All prior estimates and payments including those relating to extra work shall be subject to correction by this final payment which is referred to throughout this Contract as the Final Payment. The acceptance by the Contractor of the final payment shall be and shall operate asa release to the Owner of all claims and of all liability to the Contractor for all things done orfurnished 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 orotherwise shall operate to release the Contractor orhis/her sureties from any obligations under this contract or the Performance and Payment Bonds. 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. The Contractor shall pay: I.For all transportation and utility services not later than the 20th day of the calendar month I rendered. Ilowing that in which such services are 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 eguipment 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 Drder as provided in Section 2.12,to the extent of each Sub-Contractor's interest therein. 2.12 CHANGES TO THE JOB ORDER a.Changes Requested by the Owner -The Owner may,without invalidating the Job Order,order changes,modifications,deletions,and extra work by issuing additional written Job Orders during the progress of the Work.The Contractor shall not be entitled to compensation for any extra work performed unless the Director has issued an additional written Job Order designating (i)the extra work to be performed, (ii)the price of the extra work,and (iii)the time for completion of the extra work.If the Owner orders work added or deleted from the Job Order,the price for the additional Job Order shall be determined using the Procedure for Ordering Work set forth in 3.04 of the Supplemental General Conditions.Credits for prepriced and non prepriced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate Adjustment Factors.The results is that a credit for Tasks that have been deleted from the Detailed Scope of Work will be given at 100%ofthe 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 oftime for February 2015 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 Drder.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 Drder designating (i)the extra work to be performed,(ii)the price of the extra work,and (iii)the time for completion of the extra work.If the Owner agrees that work is added to ordeleted 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.IG of these General Conditions.The Contractor's failure to submit a written protest to the Director within 5 days of beginning such work constitutes a waiver of any claim. 2.13 ASSIGNMENT OF MONEYS The Contractor shall not assign moneys due 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 work inthe eventthat the Contractor should bein default therein. 2.14 GUARANTEE OF WORK All work shall be guaranteed by the Contractor,except as may be otherwise specified,against defects resulting from the use of inferior materials, equipment or workmanship for one year from the date of completion of the Job Order. If repairs or changes are required in connection with guaranteed work within any guaranteed period,which,in the opinion of the Owner is rendered necessary as the result of the use of materials,eguipment 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 eguipment or contents thereof,which,in the opinion of the Owner,is the result of the use of materials,equipment or workmanship which are inferior,defective,or not in accordance with the terms of the contract;and (3)make good any work or materials,or the equipment and contents of said building or site disturbed in fulfilling any such guarantee. If the Contractor disturbs any work guaranteed under another contract in fulfilling the requirements of the contract or of any guarantee,embraced in or required thereby,he shall restore such disturbed work to a condition satisfactory to the Director and guarantee such restored work to the same extent asit was guaranteed under such other contract. The owner may have the defects corrected if the Contractor,after notice,fails to proceed promptly to comply with the terms of the guarantee and the Contractor and his/her surety shall be liable for all expense incurred. All special guarantees applicable to definite parts of the work that may be stipulated in the Contract Documents shall be subject to the terms of this paragraph during the first year of the life of such special guarantee. 2.15 RESPONSIBILITY FOR DAMAGE Neither the Dwner,the Director of Department of Internal Services,nor any officer or employee of the County or any incorporated city,or officer or employee thereof within the limits of which the work is being performed,shall be answerable or accountable in any manner,for any loss or damage that may happen to the work or any part thereof;orfor any of the materials or other things used or employed in performing the work;orfor injury to any person or persons,either workmen or the public,for damage to property from any cause which might have been prevented by the Contractor,or his/her workmen,or anyone employed by him,against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard. The Contractor shall be responsible for any liability imposed by law for any damage to any person or property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before the completion and final acceptance. The Contractor agrees to indemnify,save,hold harmless and at the County's reguest.defend the County,its all officers,agents,and employees from any and all costs and expenses,attorney fees and court costs,damages,liabilities,claims and losses occurring or resulting to County in connection with the performance,or failure to perform,by Contractor,its officers,agents or employees under this agreement and from any and all costs and February 2015 County of Fresno Page 2-8 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS expenses,attorney fees and court costs,damages,liabilities,claims and losses occurring to any person,firm or corporation who may be injured or damaged by the performance or failure to perform,of contractor,its officers,agents,or employees under this agreement. 2.16 RESOLUTION OF CONTRACT CLAIMS Public works contract claims of three hundred seventy-five thousand ($375,000)or less which arise between a Contractor and a local public agency shall be resolved in accordance with the provisions of Article 1.5 (Sections 20104-20104.6,inclusive)of Chapter I of Part 3 of Division 2 of the Public Contract Code.Article 1.5 requires that its provisions or a summary thereof be set forth in the plans and specifications for any work which may give rise 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 10240)of Chapter Iof Part 2. )"Public work"has the same meaning as in Sections 3100 and 3106 of the Civil Code,except that "public work"does not include any work or improvement contracted for by the state or the Regents of the University of California. (2)"Claim"means a separate demand by the contractor for (A)a time extension.(B)payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to,or (C)an amount the payment of which is disputed by the local agency, (c)The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a 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. IFor 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 reguest.in writing,within 30 days of receipt of the claim,any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2)If additional information is thereafter reguired.it shall be requested and provided pursuant to this subdivision,upon mutual agreement of the local agency and the claimant, (3)The local agency's written response to the claim as further documented shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1)For claims of over fifty thousand dollars ($50,000)and less than or egual to three hundred seventy-five thousand dollars ($375,000),the local agency shall respond in writing to all written claims within 60 days of receipt of the claim,or may request,in writing, within 30 days of receipt of the claim,any additional documentation supporting the claim orrelating to defenses orclaims 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 claimaot 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 the term of the Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million Dollars ($2,000,000).This policy shall be issued on a per occurrence basis.COUNTY may require specific 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 or within 15 days of the local agency's failure to respond within the time prescribed,respectively,and demand an informal conference to meet and confer for settlement of the issues in dispute.Upon a demand,the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e)If following the meet and confer conference the claim or any portion remains in dispute,the claimant may file a claim pursuant to Chapter I(commencing with Section 900)and Chapter 2 (commencing with Section 910)of Part 3 of Division 3.6 of Title I of the Government Code.For purposes of those provisions,the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his/her or her written claim pursuant to subdivision (a)until the time the claim is denied,including any period of time utilized by the meet and confer conference. 20104.4 The following procedures are established for all civil actions filed to resolve claims subject to this article: (a)Within 60 days,but no earlier than 30 days,following the filing or responsive pleadings,the court shall submit the matter to nonbinding mediation unless waived by the mutual stipulation of both parties.The mediation process shall provide for the selection within 15 days by both parties of disinterested third person as mediator,shall be commenced within 30 days of the submittal,and shall be concluded within 15 days from the commencement of the mediation unless a time reguirement 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. fthe 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 tojudicial 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 reguests 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. 4.6 (a)No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b)In any suit filed under Section 20104.4.the local agency shall pay interest at the legal rate on any arbitration award orjudgment.The interest shall begin to accrue on the date the suit is filed in a court of law. February 2015 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 orany 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,O0D.D0),or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in connection with this Agreement. C.Professional Liability If CONTRACTOR employs licensed professional staff,(e.g..Ph.D.,R.N.,L.C.S.W.,M.F.C.C.)in providing services,Professional Liability Insurance with limits of oot 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 On The Work Contractor shall procure and maintain at Contractor's sole cost and expense.Builders Risk Course of Construction insurance,including fire and vandalism coverage,covering the entire work (including any County furnished material and equipment)against loss or damage until completion and acceptance by the County.Such insurance shall be for each Job Order in an amount up tothe 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 ortrust agreement securing the bonds,certificates of participation,or other evidences of indebtedness issued to finance the work contemplated herein.The value of the policy shall be in U.S.currency. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno,its officers,agents,and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned.Such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY,its officers,agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein.This insurance shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given to COUNTY. Within thirty (30)days from the date CONTRACTOR executes this Agreement,CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as reguired 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;thatthe County of Fresno,its officers,agents and employees will not be responsible for any premiums on the policies;that such Commercial General Liability insurance names the County of Fresno, its officers,agents and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned:that such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY,its officers,agents and employees,shall be excess only and not contributing with insurance provided under CONTRACTOR'S policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance,written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided,the COUNTY may,in addition to other remedies it may have,suspend or terminate this Agreement upon the occurrence ofsuch event. All policies shall be with admitted insurers licensed to do business in the State of California.Insurance purchased shall be purchased frum companies possessing a current A.M.Best.Inc.rating of AFSC VII or better. February 2DI5 County of Fresno Page 2- <£Rg5^Quotation No.912-5334 INSTRUCTIONS TO BIDDERS 2.18 Bid Deposit (Security):The bidder shall furnish a proposal guarantee consisting of a bid bond,cash,certified check,or cashier's check for twenty five thousand dollars ($25,000). In the event a bidder or bidders fail to enter into an agreement(s)for the services offered under their bid(s),such bid deposit shall be forfeited to County. The bid deposit shall be in the form of a cashier's check,irrevocable letter of credit or a bid bond.The bidder's security when in the form of a cashier's check or bond shall be made payable to the County of Fresno. The bid deposit of the apparent successful bidder(s)shall be retained by County until the agreement(s)have been fully executed by the apparent successful bidder(s)and the County oruntil 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 RFO shall be issued by a surety company designated as an admitted surety insurer in good standing with and authorized to transact business in this state by the California Department of Insurance,and acceptable to the County of Fresno.Bidders are cautioned that representations made by surety companies will be verified with the California Department of Insurance.Additionally,the County of Fresno,in its discretion,when determining the sufficiency of a proposed surety company,may require the surety company to provide additional information supported by documentation.The County generally requires such information and documentation whenever the proposed surety company has either a Best's Key Rating Guide of less than B+or a financial size designation of less than VIII.Provided,however,that the County expressly reserves its right to require all information and documentation to which the County is legally entitled from any proposed surety company. PERFORMANCE BOND:The successful bidders may be required to furnish a faithful performance bond. The successful bidder will be required to furnish a Faithful Performance Bond and a Labor and Materials Bond in an amount equal to one hundred percent (100%)of the contract price. The company issuing bonds shall be a corporate surety admitted by the California Insurance Commissioner to do business in the State of California with an A.M Best rating of B++VIII or better. CONTRACTOR shall ensure that any subcontractors or other agents used in fulfilling the terms and obligations of this Agreement shall have the same level of insurance and indemnification required of CONTRACTOR. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided,the CDUNTY may,in addition to other remedies it may have,suspend or terminate this Agreement upon the occurrence of such event. February 2DI5 County of Fresno Page 2-12 February 2DI5 <gRE^X Quotation No.912-5334 INSTRUCTIONS TO BIDDERS TABLE DF CONTENTS SECTION PAGE PAGE H GENERAL CONDITIONS 3-1 3.02 PRE-BID CONFERENCE 3-1 3.03 CONFIDENTIALITY DF INMATES/WARDS/PATIENTS/CLIENTS IDENTITY 3-1 3.04 SCOPE OF WORK AND PROCEDURE FDR ORDERING WORK 3-1 3.05 INTENT OF CONTRACT DOCUMENTS 3-6 3.06 BUILDING PERMIT 3-G 3.07 CODES AND REGULATIONS 3-6 3.08 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 INSORANCE 3-7 3.14 DUST SEPARATION AND PROTECTIVE BARRICADES 3-7 3.15 DAMAGETO EXISTING WORK 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 RIGHTTD 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 Owner documents. 3.02 PRE-BID CONFERENCE PRE-BID CONFERENCE:Prospective bidders must attend the Mandatory pre-bid conference.Due to the relative complexity of this type of procurement, a detailed orientation on the Job Order Contracting System will be provided as well as a discussion on Job Order Contracting from the Contractor's viewpoint at the pre-bid conference.The pre-bid conference will be held at March II,2015 at 10:00 a.m.The conferences will be held in the Elections Training Room at 4525 E.Hamilton Avenue,Fresno.Ca.93702. 3.03 CONFIDENTIALITY OF INMATES/WARDS/PATIENTS/CLIENTS IDENTITY Some of the Work to be done under this Contract may be done in secured facilities or facilities that require confidentially.Contractors shall alert and inform their employees that State law requires that the identities of inmates/wards/patients/clients be kept confidential. Revealing the identities of inmates/wards/patients/clients is punishable by law. 3.04 SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK a.ScDpeofWork 1.This is an indefinite-quantity contract pursuant to which the Contractor will perform an ongoing series of individual projects at different locations throughout the County of Fresno.This Contract isfor construction services specified in the individual Job Orders and effective for the period of 12 months or the expenditure of the $2,000,000 Maximum Contract Value,whichever occurs first.The Maximum Contract Value may be increased by up to the sum authorized by Public Contract Code Section 20128.5 (currently approximately $4,500,000 million dollar).Any increase in the Maximum Contract Value will be by bi-lateral agreement. 2.The bid documents include a Construction Task Catalogl containing construction tasks with preset unit prices.All Unit Prices are based on local labor,material and eguipment prices and are for the direct cost of construction. 3.The Contractor will be reguired to Work at any of the Owner's facilities.The Owner makes no commitment asto the award of individual Job Orders.All costs associated with preparing Proposals shall be the responsibility of the Contractor. 4.Work or performance shall be made only as authorized by Job Orders issued in accordance with these General Conditions.The Contractor shall furnish to the Owner,the supplies or services specified in the Job Orders up to and including the Maximum Contract Value.The Owner shall give the Contractor the opportunity to perform at least the Minimum Contract Value of construction services designated in the Contract Documents. 5.The Scope of Work of this Contract shall be determined by individual Job Orders.The Job Order will reference the Detailed Scope of Work and setforth 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 Orders.The Contractor shall provide all pricing,management,design drawings,shop drawings,documents.Work,materials,supplies,parts (to include system components),transportation,plant, supervision,labor,and equipment needed to complete the Job Order.The Contractor shall provide quality assurance as specified in strict accordance with the Contract.The Contractor shall also be responsible for site safety as well as site preparation and cleanup. 6.The Contractor shall conduct the Work in strict accordance with the Contract and all applicable federal,state,and local laws, regulations,or codes. 7.Contractor shall maintain accurate and complete records,files and libraries of documents to include federal,state,and local 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 reguired 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 reguired 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. 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)Liguidated 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 Reguest for Proposal (RFP)and Detailed Scope of Work,which requires that the Contractor prepare a Proposal for the Work under consideration.The Detailed Scope of Work,unless modified by both the Contractor and the Owner,will be the basis on which the Contractor will develop its Job Order Proposal and the Owner will evaluate the same.The Contractor does not have the right to refuse to perform any task or any work in connection with a particular Project. 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 Catalog!.Prepriced Work requirements will identify the type and number of Work units reguired 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 provisioo.The the total of the Job Order Price Proposal shall be the sum of the cost of each applicable CTC task,which is calculated according to the following formula: A=Number of Units Required for CTC Task B=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 as if never received. Proposals submitted tothe Owner are valid for the duration ofthe Contract. (c)Non-Prepriced Work Requirements:Non-prepriced Work shall be separately identified and submitted in the Job Drder 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,guality control and inspection requirements. (2)Work schedule in written form. (3) (4) 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 guotes.The Contractor shall provide an installed unit price (or demolition price if appropriate),which shall include all costs reguired to accomplish the Non-Prepriced Task. 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 if the suppliers or subcontractors are not acceptable or if the prices are not reasonable. The final price submitted for Non Prepriced (NPP)Tasks shall be according to the following formula: Contractor Performed Duties A=The number of hours for each labor classification and hourly rates B=Eguipment costs (other than small tools) C=Three independent guotes for all materials Total Cost for self-performed work =(A+B+C)x Normal Hours Adjustment Factor (Only ifABBcannot 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.If three County of Fresno 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 guotes cannot be submitted. 0 =Subcontractor Costs (supported by three quotes) Total Costs of Non-Pre-Priced Task =Dx Normal Hours Adjustment Factor(6)The Dwner will evaluate the entire Proposal and proposed Work units and compare these with the Owner's estimate of the Detailed Scope of Work to determine the reasonableness of approach,including the nature and number of Work units proposed.The Owner will determine whether the Contractor's Job Order Price Proposal is in line with its own estimate. (7)After using a non-prepriced item on three separate Job Orders,the unit price for the work item will be established, following approval by the Owner,and fixed as a permanent pre-priced item,which will no longer require price justification, (8)The Owner's determination as to whether an item is a Prepriced Task or a Non-Prepriced Task shall be final,binding and conclusive as to the Contractor. (9)Whenever,because of trade jurisdiction rules or small quantities,the cost of a minor task in the Job Order Price Proposal is less than the cost of the actual labor and materials to perform such task,the Owner may permit the Contractor to be paid for such task as a Non-prepriced Task,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 Drder to the Dwner 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 Reguests For Information (RFI's)within 7 days after issuance of any RFP.Submission of RFI's shall in no way extend the proposal due date unless deemed necessary by the Dwner. (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 guantities 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 Dr added modifiers will be accepted unless agreed to by the Owner during the second Job Order Price Proposal review meeting. (5)The Dwner 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 setforth 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.. G Unilateral Job Order -The owner reserves the right to issue Job Orders based on the Owners Job Drder Price Proposal for a specified Detailed Scope ofWork (DS0W). County of Fresno Page 3-4 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS (e)By submitting a signed Proposal to the Owner,the Contractor is agreeing to accomplish the Work outlined in the Detailed Scope of Work in accordance with the Reguest for Proposal at the lump sum price submitted for that particular Job Drder.The Contractor shall include the necessary tasks and guantities 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 guantities 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 ofthe Contract;or (3)Unnecessarily increases the price of the Job Drder when alternative means and methods are available. (h)Each Job Drder provided to the Contractor shall reference the Detailed Scope of Work and set forth the Job Order Price and the Job Order Completion Time.All clauses of this Contract shall be applicable to any Job Orders issued under this clause.Job Orders will be written on an appropriate form.The Job Order,which must be signed by the Owner,constitutes the Owner's acceptance of the Contractor's Proposal.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 Dwner may elect to use an alternative procedure for such type of Job Orders as long asthe 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. Measurementsto be Verified Before ordering any material or doing any Work,the Contractor shall verify all measurements atthe site of a specific Job Order,and shall be responsible for the correctness of the measurements.No extra charge or compensation will be allowed based on the difference between actual dimensions and the measurements indicated in the Request for Proposal. d.Contractor's Responsibility It is the Contractors'responsibility to verify any and all such items prior to submission of the Proposal.Contractors are also cautioned that any Job Order awarded is for all services or Work,as necessary,to repair,and construct the facilities covered by the Contract in accordance with all Contract terms and conditions.It shall also be the duty and responsibility of the Contractor to manage and conduct the reguired 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 at its office for its use a computer with,at a minimum,a I GHz processor and an internet connection.The Contractor shall maintain individual email accounts for each of its project managers. g.Contractor Software License and License Fee JOC Software The County of Fresno selected The Gordian Group's Job Order Contracting ("JDC")Solution (Gordian JOC Solution™)for their JOC program.The Gordian JOC Solution includes Gordian's proprietary eGordian JOC applications (JOC applications)and construction cost data (Construction Task Catalogl).which shall be used by the Contractor to prepare and submit Job Order Price Proposals,subcontractor lists,and other reguirements 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: JDC System License Gordian hereby grants to the Contractor,and the Contractor hereby accepts from Gordian for the term of this Contract or Gordian's Contract with the County of Fresno,whichever is shorter,a non-exclusive right,privilege,and license to Gordian's proprietary JOC System and related proprietary materials (collectively referred to as "Proprietary Information")to be used for the sole purpose of executing Contractor's responsibilities to the County of Fresno under this Contract.The Contractor hereby agrees that Proprietary Information shall include,but is not limited to,Gordian's JOC Applications and support documentation.Construction Task Catalog1 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 orterminates,orthe Contractor fails to pay the JDC System License Fee specified in this Contract this JOC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. The Contractor acknowledges that disclosure of Proprietary Information will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy and agrees that no such disclosure shall be made to anyone without first receiving the written consent of Gordian.The Contractor further acknowledges and agrees to respect the copyrights,registrations,trade secrets,and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Contract and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to the Contractor. In the event of a conflict in terms and conditions between this JOC System License and any other terms and conditions of this Contract or any Job Order.Purchase Order or similar purchasing document issued to the Contractor by the County of Fresno,this JOC System License shall take precedence. Contractor License Fee In consideration for a non-exclusive,non-transferable,license to the Gordian JOC Solution,the Contractor shall pay Gordian a license fee ("Contractor License Fee")equal to one percent (1%)of the value of each Job Order,Purchase Order orother similar purchasing document ("Purchase Order") issued to the Contractor by the County of Fresno.The Contractor License Fee shall be included in the Contractor's overhead costs,shall not be included as an additional line item cost in Job Order Price Proposals,and shall be payable to Gordian within ten (10)days of Contractor's receipt of each Purchase Order issued to the Contractor by the County of Fresno.Gordian is hereby declared to be an intended third-party beneficiary of this Agreement.In the event any court action is brought to enforce payment of the Contractor License Fee by any party or third-party beneficiary of this Agreement,the prevailing party shall be entitled to an award of reasonable attorneys'fees and collection costs.The Contractor shall remit the Contractor License Feeas follows: Make Checks Payable to:The Gordian Group,Inc. Mail Checks to:P.O.Box 751959 February 2DI5 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 filiog by or against such party of a petition under any bankruptcy or insolvency law,which is not discharged within thirty (30)days of such filing, 3.05 INTENT OF CONTRACT DOCUMENTS Some of the Work may require the Contractor to work in in-patient care facilities.The intent Contract Documents will be to construct or reconstruct the hospital facilities for an individual Job Order in accordance with Title 24,California Code of Regulations.Should any conditions develop not covered by the contract documents wherein the completed work will not comply with said Title 24,California Code of Regulations,the Owner shall develop a Job Order detailing specifying any required work and will submit it to OSHPD 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 Dwner will reimburse the Contractor for the actual cost of the permit or inspection fees,as part of the Job Order,with no additional allowance for overhead and profit. 3.07 CODES AND REGULATIONS All work,materials,and equipment shall be in full compliance with the 2013 edition of the California Building Code;California Plumbing Code;California Electrical Code;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. 3.08 COORDINATION OF WDRK The Contractor shall coordinate all work with the Owner to minimize any interruptions to the normal operation of County operations;particularly interruptions to air conditioning,electrical services,alarm system,communications,and computer systems. 3.09 WORK DAY All work shall be set forth aspartof 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 reguirements for shift differential and overtime shall be as set forth in the Collective Bargaining Agreement for the trade,on file with the State Department of Industrial Relations,Division of Labor Statistics and Research.Bidders and contractors are urged to contact the Prevailing Wage Unit at 415/557-0561 or 415/703-4281 for information on these requirements. 3.10 SCHEDULE UF OPERATION Time is of the essence in the performing of any Job Drder under this Contract.The Contractor shall schedule the work in a manner that will progress to completion without interruption. 3.11 COOPERATION BETWEEN CONTRACTORS a.If separate Contracts are let for Work within or adjacent to the Project site as may further be hereinafter detailed in the Contract Documents,the Contractor shall conduct his Work so as not to interfere with or hinder the progress of completion of the Work being performed by other contractors. b.The Contractor shall assume all liability,financial or otherwise,in connection with this Contract,and shall protect and hold harmless the Owner from any and all damages or claims that may arise because of inconvenience,delay,or loss experienced by the Contractor because of the presence and operations of other contractors working within the limits of the same improvement. The Contractor shall assume all responsibility for all Work not completed or accepted because of the presence and operations of other contractors. c.The Contractor shall arrange the Work and placement and disposal of the materials being used,so as not to interfere with the operations of other contractors within or adjacent to the limits of the Project site.The Contractor shall join the Work with that of others in an acceptable manner and shall perform it in proper seguence to that of others. February 2DI5 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 reguirements.Water and electricity used will be paid by the Dwner.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 eguipment.pneumatic tools aod compressors. b.Toilet Facilities maybe available on the site to the workmen engaged in the performance of the contract.The use of such facilities may be revoked in the event of excess janitorial requirements or at the discretion of the County. 3.13 FIRE PROTECTION 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 sguare 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 areas asis consistent with the efficient conduct of the work. 3.15 DAMAGE TO EXISTING WORK Damage to existing construction,eguipment,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 do 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 reguired. Some of the Projects to be done under this Contract may be in secured facilities such as jails.Prior to commencement of work,the Contractor, including all Subcontractors and Vendors,shall obtain security clearances for all employees that will be working or making deliveries to the sites. When work is performed in secured facilities,it is incumbent upon all Contractors to alert all workmen of the necessity for extreme care in accounting for,and keeping all areas free of any and all types of hand tools,power tools,small parts,scrap material,and all other materials which might be concealed upon the person of an inmate/ward/patient,at all times when such tools and materials are not used for the task at hand. Each work area shall be kept clean and in order both during working hours and at the completion of the working day. February 2015 County of Fresno Page 3-8 Quotation No.912-5334 INSTRUCTIONS TO BIDDERS 3.18 PARKING The Owner will provide parking spaces at the project site when parking is available.Contractor shall not rely on Owner to provide parking. 3.19 RECORO DRAWINGS The Contractor shall be provided with xerox bond prints at no cost,upon which a record of all changes to the project plans shall be made.As the work progresses,the Contractor will be responsible for and shall maintain a record of all deviations in the mechanical,electrical,plumbing and other work from that indicated on the plans.As a condition for considering the project complete,the record drawings must be delivered to the Resident Engineer, and deemed acceptable. 3.20 GUARANTEE /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 coonection with guaranteed work or eguipment 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 orlatent physical conditions atthe site differing from those indicated. 3.Unknown physical conditions at the site of any unusual nature,different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Job Order. b.The Owner shall promptly investigate the conditions,and if it finds that the conditions do materially so differ,or do involve hazardous waste, and cause a decrease or increase in the contractor's cost of or the time required for,performance of any part of the work,shall issue an additional Job Order in accordance with the provisions of Section 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 reguires the Contractor not to remove ACM.the contractor shall exercise caution when working around ACM to prevent the release of ACM into the atmosphere. If damage to ACM results in release of airborne asbestos fibers to the atmosphere,then control measures required by Federal and State regulations must be instituted at the Contractors expense. Any ACM damaged by the Contractor's operations shall be repaired at the Contractor's expense in accordance with applicable Federal,State and local laws and regulations. When the Job Order requires the removal of ACM,the Contractor shall remove,transport,and dispose of either non-friable ACM or less than 100 square feet of friable ACM in accordance with Federal.State and local statutes and regulations. The Contractor shall furnish project notification documents,employee information,equipment certifications,material specifications and samples, February 2015 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 Owner determines that removal methods used by the Contractor result or may result in releasing airborne asbestos fibers to the atmosphere,the Contractor shall immediately cease his current ACM removal operations and propose a new method for removal of ACM for the approval of the Owner. If removal of ACM results in release of airborne asbestos fibers to the atmosphere,then control measures required by Federal and State regulations must be instituted at the Contractors expense. Work area air monitoring may be reguired 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 reguired to removethe ACM. At the Contractor's option,removal and disposal of non-friable ACM or friable ACM where removal and disposal may result in release of airborne asbestos fibers to the atmosphere may be subcontracted to a contractor certified by the Contractors State License Board and registered with the Division of Occupational Safety and Health. 3.23 Right to Audit All Accounting Records -The Contractor shall make available to the Owner for auditing,all relevant accounting records and documents,and other financial data,and upon request,shall submit true copies of requested records to the Owner. Requests for Change and Claims -If the Contractor submits a Request for Change or a claim to the Owner,the Owner shall have the right to audit the Contractor's books to the extent they are relevant. Audit Right Includes -This right shall include the right to examine books,records,documents,and other evidence and accounting procedures and practices,sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred andfor which the claim has beensubmitted. Right To lospect 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 ofthe 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 asthe Owner deems desirable during the Contractor's normal business hours atthe office ofthe Contractor. February 2015 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:CaliforniaCode of Regulations, Title 15,Section 1029(a)(7)(B)and Penal Code Section 236. PURPOSE: The purpose of this policy is to establish procedures which provide for the resolution of a hostage-taking incident while preserving the safety of staff, public,inmates,and hostages,and maintaining facility security. POLICY: The Fresno County Sheriffs Office Jail Division maintains a NO HOSTAGE FACILITY and will not consider bargaining with hostage takers for ANY reason. Itis the policyof the Fresno County Sheriffs Office Jail Division that once any staff member is taken hostage,they immediately lose their authority and any orders issued by that person will not be followed regardless of their rank or status. Itis the policyof the Fresno County Sheriffs Office Jail Division that the primary responsibility of all staff members in a hostage situation is to protect every person involved, if possible,from serious injury or death. PROCEDURES: I.DEFINITION Hostage Situation:any staff member,citizen or inmate held against their will by another person for the purpose of escape,monetary gain or any reason which may place an individual in danger of losing life or suffering serious injury. II.NOTIFICATIONS.CONTAINMENT AND CONTROL OF THE SITUATION A.Emergency procedures and notifications shall be implemented as per Emergency Planning procedures (B-101/FILE:EMERGENCY). B.The Watch Commander will notify the Patrol Watch Commander and apprise them of the incident.The Patrol Watch Commander may be requested to activate the Crisis Negotiations Team (CNT),outside support agencies,equipment,personnel,and dispatch a detective to the scene for the crime report. III.DURING NEGOTIATIONS A.While at the scene,the CNT members will conduct all verbal or written communications between the hostage taker(s)and the Incident Commander.CNT will immediately notify the Incident Commander of any changes in the following situations: 1.Hostage status 2.Incident changes and developments 3.Hostage taker demands 4. Any and all pertinent information concerning the incident B. Staff members at the scene not actively involved with negotiations will not act or speak out to the hostage taker(s)or hostages. C.The Tactical Commander will formulate a plan to take the necessary actions,using the appropriate force, to terminate the hostage situation in the event negotiations fail. Hostage safety will be of paramount concern. IV.HOSTAGE SURVIVAL STRATEGIES fSRCH A. If taken hostage,it is important to make the transition from being a victim to being a survivor.The following are not strict rules that must be rigidly followed,but rather general guidelines.There will always be exceptions. 1.Regain/maintain composure.Try to be calm,focused and clear-headed at all times.Do not stand out from other hostages.Drawing unnecessary attention increases the chance of being singled out and victimized. 2. Maintain a low-key,unprovocative posture.Overt resistance is usually counterproductive in a hostage situation. a.Remain calm and follow instructions.Comply with the hostage takers when at all possible. b.Be stoic.Maintain an outward face of acceptance of adversity with dignity. Avoid open displays of cowardice and fear.Inmates willview frailty and feebleness as weakness,which may lead to victimization. c. Do not antagonize,threaten or aggravate the hostage takers.Avoid saying "no", or arguing with the hostage takers.Do not act authoritative.The hostage takers must make it known that they are in charge. d.Eye contact may be regarded as a challenge;make eye contact with the hostage takers sparingly. e.Fight off basic instincts,such as anger and hostility. Be polite and remain alert. Speak normally and don't complain. 3.Hostages should try to establish a level of rapport or communication with their captors in attempt to get the captors to recognize them as human beings. a. Find a mutual ground,an association with the hostage takers.Foster communication on non-threatening topics (e.g.,family,hobbies,sports, interests). b.Use the captors'first names,if known.However,if hostage takers are attempting to conceal their identity,do not give any indication that they are recognized. c.Listen actively to the captors'feelings and concerns,but never praise, participate in, or debate their "cause".If they want to talk about their cause,act interested in their viewpoints.Avoid being overly solicitous,which may be viewed as patronizing or insincere. d. Do not befriend the inmates;such an attempt will likely result in exploitation. e. Try asking for items that will increase personal comfort.Make requests in a reasonable,low-key manner. 4.Be prepared to be isolated and disoriented. a. Do not talk to other hostages.The hostage takers may think a plot is being formed. b. Develop mind games to stimulate thinking and maintain mental alertness. 5. Be tolerant of fellow hostages.Just as each person has different reactions to stress,each individual will have different methods ofcopingas a hostage. Some methodsare not effective and mayendanger the group,or be annoying toother hostages (e.g.,constant talking).Try to help these peoplecope in other ways. 6. Gather intelligence.Hostages should take in and store as much detail, about their captors as possible without drawing attention to their efforts.Make mental notes and attempt to gather the following information:identification ofthe 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 ofhostage situations can be a lengthy process. B.Stay away from doors and windowsthrough 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.Balancethe likely payoff ofany 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 ofthe "Stockholm Syndrome",whereby hostages beginto show sympathy toward their captors.Hostages who develop Stockholm Syndrome often view the captor as givinglife bysimply not taking it.Such hostages often misinterpret a lack of abuse as kindness and may develop feelings of appreciation for the perceived benevolence.[SRC21 fSRCII Varioussources, butthe best was "Survival Tips if You Are Taken Hostage"byTracyE.Barnhart, published 07-27-09 (www.corrections.com) \SRC2]"Understanding Stockholm Syndrome"FBI LawEnforcement 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 betweenthe 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 CONTRACTORisqualifiedand willingto performsaid services. NOW,THEREFORE,the parties agree as follows: WITNESSETH: ThisAGREEMENTshallestablisha competitivelybid,fixedprice, indefinitequantity,Job Order Contract.The scope of work to be performed pursuantto this Agreement includesa 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 individualTask 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 partiesunder this Agreement shall be as set forth inthis Agreement and detailed inCOUNTY'S Request for QuotationNo.„COUNTY'S Addendum No. Request for Quotation No.910-5249 theretoand CONTRACTOR'S Responseto Requestfor QuotationNo..,all of whichare attachedheretoas Exhibits , , and , respectivelyand incorporated hereinby reference. All capitalized terms used in this Agreement shall have the meanings attached to them as set forth in COUNTY'S Request for Quotation No. . I.OBLIGATIONS OF CONTRACTOR a.CONTRACTOR agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, material-men,subcontractors,artisans, machinists, teamsters, day men and laborers required for completing specific Job Orders as directed by COUNTY. B. In accordance with the provisions of Section 1770 of the Labor Code,the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension,vacation,travel time, and subsistence pay as provided for in Section 1773.8,apprenticeship or other training programs authorized by Section 3093,and similar purposes applicable to the work to be done.Said wages are on file with the Clerk of the Board of Supervisors,Room 301, Hall of Records, Fresno,California,and are incorporated herein by reference. It shall be mandatory upon the CONTRACTOR herein and upon any subcontractor to pay not less than the said specified rates to all laborers,workmen and mechanics employed by them in the execution of the Contract. CONTRACTOR shall comply with Labor Code Section 1775. In accordance with said Section 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 ofthe provisions ofthe Labor Code andin particular, LaborCode Sections 1770 to 1780,inclusive.In additionto said penaltyand 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 stipulatedprevailingwage rate shall be paidto each 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 withthe execution of the Contractor any subcontract thereunder,and showing also the actual perdiem wagepaidto eachof such workers,whichrecordsshall be openat all reasonable hoursto 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 concerningthe employmentof apprentices. C. It is further understood and agreed that, in accordance with the provisions of Sections 1810 to 1815 of the Labor Code of the State of California,eight (8) hours labor shall constitute a day's work, but because this is a contract for public work, work performed by employees of the CONTRACTOR and each Sub-Contractor in excess of eight (8) hours per day, and forty (40) hours in any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1 1/2) times the basic rate of pay. The CONTRACTOR and each subcontractor shall keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement,which record shall be open at all reasonable hours to the inspection of the COUNTY or its officer or agents and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his Request for Quotation No.910-5249 deputies or agents.It is hereby further agreed that said CONTRACTOR shall forfeit asa penalty to the 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 labor more than eight (8) hours in violation of this stipulation. The Boardof Supervisors hereby specifies that portions of the work can 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 lowertier shall be subject to the approval of the COUNTY.In no case does such approval relieve the CONTRACTOR of any conditions imposed by the Contract Documents.Sub- Contractors may be added,deleted or substituted only in accordance with the provisions of Public Contract Code Section 4100 et seq. CONTRACTOR shall bind every Sub-Contractor by the terms of the Contract Documents to carry out their provisions insofar as applicable to their work; and the CONTRACTOR further agrees to pay to each Sub-Contractor promptly upon issuance of Certificate of Payment, his/her or their due portion. Neither the acceptance of the name of Sub-Contractor nor the suggestion of such name nor any other act of the COUNTY nor anything contained in any Contract Document shall be construed as creating any contractual relation between the COUNTY and any Sub-Contractor of any tier. Request for Quotation No.910-5249 The COUNTY reserves the right to reject any proposed Sub-Contractor,installer,or supplier who cannot show satisfactory evidence of meeting the qualifications required bythe 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 ofa replacement Sub-Contractor, installeror supplier satisfactory to the COUNTY. Such replacement submittal shall be in accordance withall ContractDocuments. No adjustmentof Job Order Price Proposalshall be made inthe eventof such replacement. When an individual Job Orderutilizes Federal Fundsandthe Countyelectsto require Disadvantaged Business Enterprise (DBE) participation, the CONTRACTOR shall follow the Federal GoodFaith Effortrequirementsfor inclusionof DBE Sub-Contractorsand 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 appropriating government agency.Should sufficient funds not be allocated, the services provided may be modified,or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30)days advance written notice. b Breach of Contract - The COUNTY may immediately suspend or terminate this Agreement in whole or in part,where in the determination of the COUNTY there is: 1. An illegal or improper use of funds; 2. A failure to comply with any term of this Agreement; 3. A substantially incorrect or incomplete report submitted to the COUNTY; 4.Improperly performed service. Innoeventshallanypaymentbythe COUNTY constitute a waiverbytheCOUNTYof any breachofthis Agreementor any defaultwhichmaythenexistonthe partof the CONTRACTOR.Neither shallsuchpaymentimpairor prejudiceany remedyavailableto the COUNTYwith respectto the breachor default.The COUNTYshallhavethe rightto demandofthe CONTRACTORthe repaymentto the COUNTYof any fundsdisbursedto the CONTRACTORunderthis Agreement,which inthejudgment of the COUNTY were not expended inaccordance with the terms of this 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 may be terminated by COUNTY upon the giving of thirty (30)days advance written notice of an intention to terminate to CONTRACTOR. V.COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation for each Job Order in accordance with the CONTRACTOR'S Adjustment Factors stated on the Bid Schedule set forth in CONTRACTOR'S Response to Request for Quotation No.912-5097,which are as follows: Normal Working Hours Adjustment Factor Otherthan Normal WorkingHours Adjustment Factor Federal Normal Working Hours Adjustment Factor Federal Other than Normal Working Hours Adjustment Factor The Minimum Contract Value is $25,000 (twenty-five thousand dollars). The CONTRACTOR will receivethe opportunityto perform Job Orderstotaling a minimum of $25,000during the Contractterm. The MaximumContractValue is $2,000,000(onemilliondollars). The Maximum ContractValuemay be increased by upto the sum authorizedby PublicContractCode Section 20128.5 (currently approximately $4,500,000).Any increaseinthe MaximumContractValuewillbe by mutualagreement. At no time may the sum of the outstanding Job Orders exceed the amount of the Payment Bond and Performance Bond. A Job Order isoutstanding until the COUNTY has accepted the work described inthe Request for Quotation No.910-5249 Job Orderbyexecutionof a Noticeof Completion. CONTRACTORwill not be issuedJob Orderswhich in total exceed the Maximum Contract Value.The COUNTY does not guarantee the CONTRACTOR will receive Job Orders totaling the Maximum Contract Value. CONTRACTOR shallsubmit monthly invoices perJobOrderin triplicate totheCountyof Fresno, Facility Services. In no event shall services performed under this Agreement be in excess of the Maximum Contract Value during the term of this Agreement.Itis understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. VI.LIQUIDATED DAMAGES: It is understoodand agreed by both partiesto the Contract that incase all the Work specifiedor indicatedinthe Contract Documents is not completed within the specified time frames set forth inthe Job Order, or within suchtime limitsas extended, damages will be sustained by the COUNTY inthe event of and by reason of such delay. It is,and will be, impracticaland extremely difficult to determine the actual damage which the COUNTY will sustain by reason of the delay. It istherefore agreed that the CONTRACTORwill pay, at a minimum, to the COUNTY the sum of money stipulated per day in the Job Orderfor each 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: Inperformanceofthe work,dutiesand obligationsassumedby CONTRACTORunderthis Agreement,it ismutuallyunderstoodand agreedthat CONTRACTOR,includingany and all ofthe CONTRACTOR'S officers,agents,employeesand subcontractors willat alltimes be actingand performing asan independent contractor,andshallact inan independent capacityandnotas an officer, agent, servant, employee,joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no rightto control or superviseor direct the manner or method by which CONTRACTOR shall performitswork and function.However,COUNTYshallretainthe rightto administerthis Agreementso as to verifythat CONTRACTOR is performing itsobligations inaccordance 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,CONTRACTOR shall have absolutely no right to employment rights and benefits available to COUNTY employees.CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits.In addition,CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all other regulations governing such matters.Itis acknowledged that during the term of this Agreement,CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. Request for Quotation No.910-5249 VIII.MODIFICATION: Any matters ofthis Agreement maybe modified from timetotimebythe written consent ofallthe partieswithout,inany way,affectingtheremainder. IX.DISCREPANCIES: Shouldthe CONTRACTOR,at anytime, discovera mistake inany of the Contract Documents or any discrepancy therein or lack of appropriate information,the CONTRACTOR shall not proceed with the work affected thereby until such correction has been made. In resolvingconflicts resultingfromerrors or discrepancies inany of the ContractDocuments, 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 program of self-insurance,including butnot limited to,an insurance pooling arrangementorJointPowersAgreement (JPA)throughout the termofthe Agreement: a Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence andan annual aggregate of Two Million Dollars ($2,000,000).This policy shall be issuedona per occurrence basis.COUNTY may require specific coverages including completed operations,products liability,and contractual liability,Explosion-Collapse- Underground,fire legal liability orany other liability insurancedeemed 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 ofnotless than Two Hundred Fifty Thousand Dollars($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00)per accident and for property damagesof not lessthan 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 professionalstaff,(e.g., Ph.D.,R.N.,L.C.S.W., M.F.C.C.)in providing services,Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)per occurrence, Three Million Dollars ($3,000,000.00)annual aggregate. d Worker's Compensation A policy ofWorker'sCompensation insurance as may be required bythe California Labor Code. CONTRACTOR shallobtain endorsements to the Commercial General Liability insurance naming the County ofFresno, its officers,agents, and employees,individually and collectively, as additionalinsured, but onlyinsofar as the operations under this Agreement are concerned. Such coverage for additional insured shallapplyas primary insurance and any other insurance, orself-insurance, maintained by COUNTY,its officers,agents and employees shall be excess onlyand not contributing with insurance provided under CONTRACTOR'S policiesherein. 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 thisAgreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all ofthe foregoing policies,as required herein, to the County of Fresno, (Name and Address ofthe official who will administerthiscontract),stating that such insurance coverage have been obtainedand are in full force;that the County ofFresno, its officers,agents and employees will Request for Quotation No.910-5249 notbe responsible for any premiums onthe policies;thatsuch Commercial General Liability insurance names the County of Fresno,its officers,agents and employees,individually and collectively,as additional insured, but onlyinsofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, orself-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 minimumof thirty (30)days advance,written notice given to COUNTY. In the event CONTRACTORfails to 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 A.M.Best,Inc.rating of A FSC VII or better. e All-Risk Insurance On The Work Contractor shall procure and maintain at Contractor's sole cost and expense, Builders Risk Course of Construction insurance,including 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 Bond and Performance Bonds will be in place for all Job Orders inan amount equal to the sum of any outstanding Job Orders. CONTRACTOR shall ensure that anysubcontractors orother agents used in fulfilling the terms and obligations of this Agreement shall have the same level of insurance and indemnification required of CONTRACTOR. CONTRACTOR shall obtain endorsements to the CommercialGeneral Liability insurance naming the 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 foradditional 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 minimumofthirty(30)days advance written notice given to COUNTY. Within Thirty(30)days from the date CONTRACTOR signs and executes this Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as required herein,to the County of Fresno,(in compliance with the Notices section below),stating that such insurance coverages have been obtained and are in full force;that the County of Fresno,its officers,agents and employees will not be responsible for any premiums on the policies;that such Commercial General Liability insurance names the County of Fresno,its officers,agents and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned;that such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY, its officers,agents and employees,shall be excess only Request for Quotation No.910-5249 and not contributing with insurance provided under CONTRACTOR'S policies herein; and that thisinsurance shall notbe cancelledorchanged without a minimum of thirty (30)days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided,the COUNTY may,in additionto 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 atanytime during business hours,andas often asthe COUNTY may deem necessary,make available to the COUNTY for examination allof itsrecordsanddatawith respect to the matters coveredbythis Agreement.The CONTRACTOR shall,uponrequestbythe COUNTY,permit the COUNTYto auditand inspectallof such recordsand datanecessaryto ensure CONTRACTOR'S compliance with the terms of this Agreement. If this Agreement exceeds ten thousand dollars ($10,000.00),CONTFRACTOR shall be subject to the examination and audit ofthe Auditor General for a period of three (3)years after final payment under contract (Government Code Section 8546.7). XIV.NOTICES: The persons and their addresses having authorityto give and receive notices under this Agreement include the following: COUNTY CONTRACTOR COUNTY OF FRESNO Facility Services Manager 4590 E. Kings Canyon Fresno,CA 93602 Request for Quotation No.910-5249 Anyandall notices between the COUNTY andthe CONTRACTOR provided foror permitted underthis Agreement or by lawshallbe in writing and shallbedeemed duly servedwhen personally delivered to oneofthe parties,or inlieuof such personal services,when deposited inthe United States Mail, postage prepaid, addressed to such party. XV.GOVERNING LAW: Venuefor any actionarisingout ofor relatedto,this Agreementshallonly be inFresnoCounty, 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 ifthe CONTRACTOR isoperating as a corporation (a for-profit or non-profitcorporation)or ifduringthe term of this agreement, the CONTRACTOR changes itsstatusto 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 Request for Quotation No.910-5249 interest.Members of the Board of Directors shall disclose any self-dealing transactions that they area party to by completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit D and submitting it tothe COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. XVII.ENTIRE CONTRACT: This Agreement constitutes the entire Contract between the CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous Contract negotiations,proposals, commitments,writings,advertisements,publications,and understandings of any nature whatsoever unless expressly included 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: 1SD -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 hrs ORDER CONTRACTS 2-5334 ADD 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 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 available for review aftercontractaward. Clarification of specifications isto be directedto: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 State of California's Department of Industrial Relations,under law SB 584, requires contractors to register before bidding on state and local public works projects. >See attached Gordian License &Fee Agreement -Exhibit A Bidder is required to provide DIR registration #with their bid. ACKNOWLEDGMENT OF ADDENDUM NUMBERONE (1)TO RFQ 912-5334 COMPANY NAME: (PRINT) SIGNATURE: NAME &TITLE: (PRINT) G:\PUBLIC\RFQ\FY2014-15\912-5334JOBORDERCONTRACT\912-5334ADD1.DOC (4/11) ADDENDUM NO.One(1)Page 2 REQUEST FOR QUOTATION NUMBER 912-5334 March 13,2015 Q1.There was a public meeting a few months ago regarding an upcoming Job Order Contract that had more road work involved,is this the same JOC? A1.Thisis the only meeting forthis JOC; itis forB license contractors. Therepotentially will be some public build work involved with this JOC. Q2.What is the size of this contract? A2. The contracts will each be for a minimum of $25,000.00 and a maximum of $2,000,000.00. With the possibilityof increasing the maximumifa need is determined by the manager of Facilities Services. Q3. Will you provide a copy of the sign-in sheet for this pre-bid meeting? A3.See Exhibit B attached. Q4.Can you (the contractor)turn down any job when awarded the contract? A4. There is no right of refusal under this contract. Q5. Is there a lot of federally funded type of work expected as part of this JOC? A5. Historically there has not been a lot of federally funded work as part of this JOC, but there is always that possibility. Q6.Will there be work needed in secured facilities? A6. Yes, we have four detention facilities that potentially will need work. Q7.Will there be work needed in medical facilities? A7. Not for actively used facilities, we do maintain buildings, etc. that previously were actively used as medical facilities. Q8.How quickly after the low bids are chosen will the actual jobs be released? A8. Could be released as soon as the contracts are approved by the Fresno County Board of Supervisors at their board meeting or any time after. Q9.When is the CLF (Contractor's Licensing Fee)fee due? A9. After the notice to proceed on the job order is released and only for projects that go through completion. Q10.On a non-prepriced item,if contractor's factor for normal working hours is below 1 (like .97),will contractor be operating in the red? A10.Yes, the non-prepriced items are tied to the contractor's normal working hours factor. Q11.Afterthe JOC contracts are awarded,will contractors/projects have to wait for July 1st beginning of the fiscal year funding? A11.No,some projects will need new fiscal year funding and some projects will cross fiscal years. G:\PUBLIC\RFQ\FY 2014-15\912-5334 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 funding for the 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 should consider that the provisions of the previous JOC contract have changed for this JOC contract and those changes (e.g.nonpre-priced items factor and 1% fee to Gordian)could have increased cost implications. Avwmd Formula A x B Ad/ustrnenl Factor (torn Previous Page Adjustment Factor Multiplierfor Evaluation 1.0/449, Lme 1 X .65 2 0 9000 Line 2 K .20 3 ..W2SQL..... Uie3 K .10 4 0B8S0 K .05 Line 4 Award Formula: Adjustment Factor from Previous Page 1.,7=7 40 2 Line 1 .IS'HI 3. Line 2 4. Line 3 Line 4 Adjustment Factor Multiplierfor Evaluation .65 .20 10 .05 G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACTS2-5334 ADD 1 .DOC Total Percentage of Adjustment Facto to be used m Evaluation (carry to A decimal peaces) QAm ._„. JUUfflL 6 0720 0 0443 o nm Percentage of Adjustment Factor to be used in Evaluation (carry to 4 decimal places) _££Loi _,/5S£ ,oUjSH 0^1-} Total 7540 ADDENDUM NO.One(1)Page4 REQUEST FOR QUOTATION NUMBER 912-5334 March 13,2015 Q14.Volume Two of the RFQ says that the pre-bidmeeting is mandatory, what will that mean? Are you going to accept bids from people that did not come to the meeting? A14.Page 0-1,Volume Two ofthe RFQ states theexpressed requirement of "Prospective bidders must attend the mandatory pre-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 2014-15\912-5334 JOB ORDER CONTRACTS 2-5334 ADD 1.DOC 912-5334 Addendum 1 Exhibit A THE G#RDIAN GROUP" JOC System License and Fee Agreement This Agreement ismade this dayof 2015 by and between [Insert Contractor's Full Legal Name],whose address is [Insert Contractor's Legal Address] ("Contractor"),and The Gordian Group,Inc.,whoseaddress 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 agreetothe terms and conditions ofthe 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 theeventthe Contract expires orterminates, or the OwnerContract expires or terminates, this JOC System Licenseshall 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 tradesecrets.Contractor shall have no right or interest in any portion ofthe Proprietary Information exceptthe right to use the Proprietary Information for the Limited Purpose set forth herein.Exceptinfurtherance ofthe 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 ofthe 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)daysof 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 creditto Contractoronlywhenthe applicablelicensefee creditisgreater 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 ofits creditors,orthe filing by or against such party of a petition underany 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 shallat 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 thata breach ofanyofthe terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy,and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond)as well as all other monetary remedies available at law or in equity.In the event that it becomes necessary for either party to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, including nonpayment of any Contractor License Fees owed, whether by litigation,arbitration or other proceedings,the prevailing partyshall be entitled to recover from the other party all costs and expenses associated with such proceedings,including reasonable attorney's fees. This Agreement shall be construed under the laws ofthe State of California without regard to choice of law principles.Both parties irrevocably consent to the jurisdiction and venue of the federal and state courts located in the State of California for purposes of any action brought in connection with this Agreement or use of the Proprietary Information. The parties agree that in the eventofa conflict in termsand conditions between this Agreement andany other terms and conditions of the Contract, the Owner Contract, or any Job Order,Purchase Order or similar purchasingdocument issued to Contractorby Owner,thisAgreement shalltake precedence. [Insert Contractor's Full Legal Name]The Gordian Group, Inc. Signature:Signature: Name:Name:Ammon T.Lesher Title:Title:VicePresident of Legal Affairs ACKNOWLEDGMENT OF [Contractor] STATE OF COUNTY OF I,the undersigned Notary Public,do hereby certify that the foregoing instrument was acknowledged beforeme this day of and the document was executed bythe 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 JOB SITE INSPECTION VENDOR CONFERENCE BID OPENING ~COMPANY NAME T 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 g-r*it^7flrrgg COMPANY REPRESENTATIVE COMPANY REPRESENTATIVE COMPANY ADDRESS I (~ITV/.QTATf:/7ID'~^.CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER ss<\-Z<\H~noo FAX NUMBER COMPANY NAME QcAJ(~i |g^(TZ- COMPANY REPRESENTATIVE COMPANY ADDRESS E-MAIL ADDRESS SBft -y^gi g>42J cgc;'\?yfc QV~f / PHONE NUMBER FAX NUMBER ' / Ariicyc^-i •'f?~-\?'X-'-/It' COMPANY NAME•^UUIWrRIN T t-ynivic; COMPANY REPRESENTATIVE 3/2-"2-(J ^NNvSfr Pel ^lA. OOMPANYADDRESS CITY/STATE/ZIP , _7_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 FD34" Revised 8/05 C:\USERS\LJONES\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARYINTERNETFILES\CONTENT.OUTLOOKWNVYNDWQ\912-5334VCDOC BID NO.:912-5334 Job Order Contract JOB SITE INSPECTION VENDOR CONFERENCE BID OPENING D-J-apAa £!r*yh^^y q COMPANY NAME # 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 /<>?:>/£*^/9f**>?^e- COMPANY ADDRESS t/V*\Jta.,£!A/('-™rrft&9Sa a.? /CTTY/STATE/ZIP™ £*IAIL ADDRESS b-Q'C/o 26 9*/pes'tsvfixx FAX NUMBERPHONENUMBER n*^ty',e**Mv)^Cc. COMPANY NAME Ross 3t»k?*S COMPANY REPRESENTATIVE I/S"N.T^QMg Art COMPANY ADDRESS et Q??o£fee S<*Q CITY/STATE/ZIP £_>?^ I J E-MAIL ADDRESS 'Zf PHONE NUMBER FAX NUMBER /—^t'^'V A /c A-9 sr\t-'- COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS /*#*&- CITY/STATE/ZIP E-MAIL ADDRESS Cefr-W3 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 COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER PITS? Revised 8/05 C:\USERS\LJONES\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILESVCONTENT.OUTL06K\XNVYNDWOA912-5334 VC.DOC 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 /lAJLU?S HlA6rALrU/htJ>£5 COMPANY REPRESENTATIVE COMPANY ADDRESS COMPANY REPRESENTATIVE 1 *~ITVyoTATETr7IDCITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER \ Vr5i/3 EaMiA/^/;lM tti/> COMPANY NAME Cu , -',COMPANY REPRESENTATIVE ^COMPAN*ADDRESS ^., -,effl«STATE/ZIP ,, CMJLjAk r?S'0~>VC tC/ZM/J-N€f E-MAIL ADDRESS 5t1f7ui)6Z.f s$-?g76-33do PHONE NUMBER FAX NUMBER \\<s 'V c •--UV i->~ S J „ COMPANY NAME \ •%';;^'• . COMPANYREPRESENTATIVE \ \C X v^>-• .~COMPANY ADDRESS / _•,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 WLmV •d.!— COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER FLT53 Revised 8/05 C:\USERS\LJONES\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARYINTERNETFILES\CONTENT.OUTLOOKWNVYNDWQ\912-5334VC.DOC 912-5334 Addendum 1 Exhibit B BID NO.:912-5334 DATE:03/10/2015 Job Order Contract DESCRIPTION OF BID JOB SITE INSPECTION VENDOR CONFERENCE BID OPENING BID DUE DATE:03/27/2015 BUYER:Louann M.Jones Se<\£k£er^qi^-ennq iwfc 'COMPANY NAME J COMPANY NAME Mik&fAt/.AC/T COMPANY REPRESENTATIVECOMPANYREPRESENTATIVE 3325 tif\$U&<L IW ,Sotf-^.^<S~f ^/S2»^,^A^££;£,C fi.fi COMPANY ADDRESS COMPANY ADDRESS ZaS ^eles C.A <?oo /& 'r.lTV/RTATP/7IPCITY/STATE/ZIP J/eg <0 Smfhccvtf,cov^\ ^^-"—Jaddre—E-MAIL ADDRESS PHONE NUMBER "'FAXNOMBER /I ,I ,j£QM£ANYN£ME T~ L^J^err^_ COMPANY KhPKESENTATIVE y /?g-ff*y/iP /^^u M>i?s/)*/e £* '.COMPANY ADDRESS ' 'CITY/STATBZIP " y E-MAIL ADDRESS COMPANY REPRESENTATIVE PHONE NUMBER FAX NUMBER r^b A"t*-6 fc^ll /.A // COMPANY NAME t COMPANY REPRESENTATIVE lb &0 A'p/yj jw. CITY/STATE/ZIP I /E-MAIL ADDRESS .ft —— PHONE NUMBER FAX NUMBER £4/<£(2&fi£Lis -£> CITY/STATBZIP e?gg/2- rtoik*£Au,<e-i'<(&&0A<aT .dcr*. E-MAIL ADDRES 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 P1733 Revised 8/05 C:\USERS\LJONES\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILESVCONTENT.OUTLOOK\XNVYNDWQ\912-5334VC.DOC Exhibit "B" COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER:912-5334 JOB ORDER CONTRACT VOLUME ONE (1) February 27,2014 nor/Ron ,-ct »o«H*»«Hn<u purchasing use G:\PUBLIC\RFQ\FY2014-1M12-5334JOBORDERORG/Requisition.8935/1321501094 ssj C0NTRACT\912-5334 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,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 available for review aftercontract award. Clarification of specifications is to be directed to:Louann Jones,e-mail CountvPurch3sinq@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.asDx for RFQ/RFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED,SUBJECT TO THE 'COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR QUOTATIONS (RFP'S)AND REQUESTS FOR QUOTATIONS (RFQ'S)"ATTACHED VELIS ENGINEERING, INC. COMPANY 1929 INDUSTRIAL WAY ADDRESS CASANGERUM 93657 CITY ~~~~— SIGNED BY CYNTHIA BENITES STATE ZIP CODE 1S25Z5L (r-I55?-876'3300 cbenitesO^onn.,,TELEPHONE NUMBER tht XJ .^FAGSp^LNUMBER E-MAIL ADDRESS PRESIDENT PRINT NAME "tTtLT DIR REGISTRATION #1000011843 pmioii/m) Registration Payment Success p ,f. Division of LaborStandards Enforcement Thankyouforyourpayment PaymentConfirmation Number LGPNS6DHC6PC1 Registration Number:1000011843 Contractor Name:VELIS ENGINEERING.INC. *NOTICE:Hpaying byACH/EFT,please allow up toTdays for processing.• (Reium to Pubic Worts Homepage ") Conjriftht c 2014 Slate of California https://efiling.dir.ca.gov/PWCR/ActionServlet?action=paymentComplete 2/25/2015 Quotation No.912-5334 COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S)AND REQUESTS FOR QUOTATIONS (RFQ'S) Note:the reference to "bids"in the following paragraphs applies to RFP's and RFQ's GENERAL CONDITIONS By submitting a bid the bidder agrees to the following conditions.These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION: A)All prices and notations must be typed or written inink.No erasures permitted.Errors maybe 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 thefirm's name and by an authorized officer or employee. D)Unless otherwise noted,prices shall befirm for one hundred eighty (180)days after closing dateof bid. 2. SUBMITTING BIDS: A)Each bid must be submitted on forms provided in a sealed envelope/package with bid number andclosing dateandtime onthe outside ofthe envelope/package. B)Interpretation:Should any discrepancies or omissions be found in the bid specifications or doubt as to their meaning,the bidder shall notify the Buyer in writing atonce. The County shall notbe held responsible for verbal interpretations.Questions regarding the bid must be received by Purchasing atleastfive (5)working daysbefore bid opening.All addenda issued shall be in writing,duly issued by Purchasing and incorporated intothe contract. C)ISSUING AGENT/AUTHORIZED CONTACT:This RFP/RFQ has beenissued byCounty of Fresno,Purchasing.Purchasing shall be the vendor's sole point of contact with regard tothe RFP/RFQ,its content,andallissues concerning it. All communication regarding this RFP/RFQ shall be directed toan authorized representative ofCounty Purchasing.The specific buyer managing this RFP/RFQ is identified onthe cover page,along with hisorher telephone number,andheorshe should bethe primary point of contact for discussions or information pertaining to the RFP/RFQ.Contact with anyother 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 ofthisclause,bythe vendor having unauthorized contact (verbally orin writing)with suchother County representatives,may constitute grounds for rejection by Purchasing ofthe vendor's quotation. The above stated restriction on vendor contact with County representatives shallapply until the County has awarded a purchase orderor contract toa vendor or vendors,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 ORDER CONTRAC7\912-5334 JOB ORDER CONTRACT- VOL. 1A 01 .DOC individuals who are managing that protest as outlined in the County's establishedprotestprocedures.All such contact mustbein accordance with thesequence set forth under the protest procedures.Second,in the event a public hearing is scheduled before the Board ofSupervisors to hear testimony prior to its approval ofa purchase order orcontract,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,itis a misdemeanor for any person to submit a bid unless specifically exempted. FAILURE TO BID: A)If not bidding,return bid sheetand statereason for no bid oryour name maybe removed from mailing list. TAXES,CHARGESAND EXTRAS: A)County ofFresno is subject toCalifornia salesand/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 of Fresno. W-9 -REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION &CALIFORNIA FORM590 WITHHOLDING EXEMPTION CERTIFICATE: Upon award ofbid,thevendor shall submit toCounty Purchasing,a completed IRS Form W-9- Request forTaxpayer Identification Numberand Certification and a California Form 590 Withholding Exemption Certificate ifnot currently 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 BusinessEnterprise Preference shalltakeprecedence when applicable.SaidPreferences apply only toRequestfor Quotations for materials,equipment and/or supplies only (no services);the preferences donot apply to Request for Proposals.The County shall be thesolejudgein making such determination. B)The County reservesthe right to reject anyandallbidsand to waive informalities or irregularities in bids. 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 agreementbybothpartiesorissuance ofa valid written Purchase Order by Fresno County Purchasing. D)After award,all bids shall beopen 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 shallbe awarded tothe Fresno County vendor or,if neither or both are Fresno County vendors,it may be awarded bythe flip ofa coin inthepresenceofwitnesses orthe entire bid may be rejected and re-bid.If theGeneral Requirements ofthe RFQ state that they are applicable,theprovisions oftheFresno County Local Vendor Preference shall take priority overthis paragraph. 8.PATENT INDEMNITY: The vendor shall hold the County,its officers,agents and employees, harmless from liability ofanynature or kind,including costsandexpenses, for infringement oruseofany copyrighted or uncopyrighted composition, secret process,patented or unpatented invention,article or appliance furnished or used inconnection withthis bid. 9.SAMPLES: Samples,when required,mustbe furnished and delivered freeand,ifnot destroyed by tests,will upon written request (within thirty (30)days ofbid closing date)be returned atthe bidder's expense.In theabsenceofsuch notification,County shall havethe right to dispose ofthe samples in whatever manner itdeems appropriate. 10. RIGHTSAND REMEDIES OF COUNTYFOR DEFAULT: A)In caseofdefault by vendor,the County may procure the articles or service from another source and may recover thecost difference and related expenses occasioned thereby from any unpaid balance duethe vendor or by proceeding against performance bond ofthe vendor,if any,orbysuit against thevendor.The prices paid by the County shall be considered the prevailing market price atthe time such purchase is made. 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 goodsor services. C)Regardless of F.O.B.point,vendor agreestobear all risks ofloss, injury or destruction to goodsand materials ordered herein which occur prior to delivery andsuch loss,injury or destruction shall not release vendor from anyobligation hereunder. 11.SPECIAL CONDITIONS I CONDITIONS: I BID SCHEDULE SUPERSEDE GENERAL The "GeneralConditions"provisions ofthis RFP/RFQ shallbesuperseded ifin conflict with any other section of this bid,tothe extent ofanysuch conflict. 12.SPECIAL REQUIREMENT: With the invoice orwithin twenty-five (25)daysof delivery,thesellermust provide to the County a Material Safety DataSheet for each product, which contains any substance on "The List of 800 Hazardous Substances",published by theState Director of Industrial Relations.(See Hazardous Substances Information and Training Act,California State Labor Code Sections 6360 through 6399.7) 13. RECYCLEDPRODUCTS/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 tothis Agreement/order shall support a four-digit year format andbe able to accurately process date and time data from,into and between thetwentieth and twenty-first centuries, as well as leapyear calculations."Product*shall include,without limitation, any piece or component of equipment,hardware,firmware,middleware, custom or commercial software,or internal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In theevent ofany decrease in product functionality oraccuracy related totime and/or datedata related codes and/or internal subroutines that impede the product from operating correctly using dates beyond December 31,1999, vendor shall restore or repair the product tothesame level offunctionality as warranted herein,soasto minimize interruption to County's ongoing business process,time being of the essence.In the event that such warranty compliance requires the acquisition of additional programs,the expense for any such associated or additional acquisitions,which may be required, including,without limitation,dataconversion tools,shall be borne exclusively by vendor.Nothing in this warranty shall be construed to limit any rights or remedies theCounty may otherwise have under this Agreement with respect to defects otherthanyear performance. 15.PARTICIPATION: Bidder may notagreeto extend the terms ofthe resulting contract to other political subdivision,municipalities and tax-supported agencies. 16.CONFIDENTIALITY: All services performed by vendorshall be in strict conformance with all applicable Federal,Stateof California and/or local laws and regulations relatingto confidentiality,including but not limited to,California Civil Code, California Welfare and Institutions Code,Health andSafety Code,California Codeof Regulations,Codeof Federal Regulations. Vendor shallsubmit to County's monitoring ofsaid compliance. Vendor may bea business associate of County,as that term is defined inthe "Privacy Rule"enacted bytheHealth Insurance Portability andAccountability Act of 1996 (HIPAA).Asa HIPAA Business Associate,vendor may useor disclose protected health information ("PHI")to perform functions,activities or services for oron behalf of County as specified bytheCounty,provided that such use or disclosure shall not violate HIPAA and its implementing regulations.Theusesanddisclosures ifPHI 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 notuseor further disclose PHI other than as permitted orrequired by the County,oras required by law without written notice tothe County. Vendor shallensure that anyagent,including any subcontractor,to which vendor provides PHI received from,or created or received bythe vendor on behalf of County,shall comply with thesame restrictions and conditions with respect tosuch information. G:\PUBLIC\RFQAFY 2014-15V912-5334 JOB ORDER CONTRACTS 2-5334 JOB ORDER CONTRACT - VOL.01.DOC 1B PD-O40 (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* is not an indication ofCounty'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 isnotified more time isrequired. 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 days after Purchasing's notification;except if,notified to appeal directly tothe Board of Supervisors atthe scheduled dateand time. If the protesting bidder is not satisfied with Purchasing Agent/CAO's decision,thefinal appeal iswith the Board 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 ofthe ensuing contract that only persons authorized towork in the United States pursuant to the Immigration Reform and Control Act of1986 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,theState ofCalifornia,the federal government ortheir duly authorized representatives for the purpose of audit,examination,or copying during the term ofthecontract and for a period ofat least three (3) years following the County's final payment under the contract or until conclusion of any pending matter (e.g.,litigation or audit),whichever is later. Such records 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 isrequired to disclose if any of the following conditions apply to them,their owners,officers,corporate managers and partners (hereinafter collectively referred toas "Bidder"): •Within thethree-year period preceding the proposal,they have been 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 federalor 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 for cause or default. 21.DATA SECURITY: Individuals and/or agencies that enter into a contractual relationship with the COUNTY for the purpose of providing services must employ adequate controls and data security measures,both internally and externally to ensure and protect the confidential information and/or data provided to contractor by the COUNTY,preventing the potential loss,misappropriation or inadvertent access,viewing,useor 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 viapersonally owned mobile,wireless or handheld devices unless authorized by COUNTY for telecommuting purposes and provide a secureconnection;uptodate virus protection and mobile devices must have the remote wipe feature enabled.Computers or computer peripherals including mobile storage devices may not be used (COUNTY or Contractor device)or brought in for use into the COUNTY'S system(s)without prior authorization from COUNTY'S Chief Information Officer and/or designee(s). No storage ofCOUNTY'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 ofsecurity related to COUNTY'S confidential information, data and/or data processing equipment which stores or processes COUNTY data,internally or externally. COUNTY shall provide oversight to Contractor's response to all incidents arising from a possible breach of security related toCOUNTY'S confidential client information.Contractor will be responsible toissue any notification to affected individuals as required by law oras deemed necessary by COUNTY in itssole discretion.Contractor will be responsible for all costsincurred asa result of providing the required notification. The County selected The Gordian Group's (Gordian)Job Order Contracting (J OC)Solution (Gordian JOC Solution™)for their JOC program.The Gordian JOC Solution includes Gordian's proprietary eGordian®JOC Applications and Construction Task Catalog9,which shall beused by the Contractor toprepare and submit Job Order Proposals,subcontractor lists,and other requirements specified by theCounty.The Contractor shall be required toexecute Gordian's JOC System License and Fee Agreement,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.to12:00 Noon and 1:00 P.M.to5:00 P.M.PST;Purchasing is closed daily from 12:00 Noon to 1:00 P.M.The following holiday office closure schedule is observed: G:\PUBLIC\RFQ\FY 2014-15V912-5334 JOB OROER CONTRACTS 2-5334 JOB ORDER CONTRACT - VOL01.DOC 1C PD-040 (10/13) Quotation No.912-5334 January 1* Third Monday in January Third Monday in February March 31* Last Monday in May July4* First Monday in September November 11* Fourth Thursday in November Friday following Thanksgiving December 25* New Year's Day Martin Luther King,Jr.'s Birthday Washington -Lincoln Day CesarChavez'Birthday Memorial Day Independence Day LaborDay Veteran's Day Thanksgiving Day Christmas *When this date falls on a Saturday,the holiday is observed the preceding Friday.If the date falls on a Sunday,the holiday is observed the following Monday. G:\PUBLIC\RFQAFY 2014-15V912-5334 JOB ORDER CONTRACTS2-5334 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 tothe vendor's bid,shouldnotbe submitted. February 2DI5 County of Fresno Page p.| G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 12-5334 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 of the following conditions apply to them,their owners,officers,corporate managers and partners (hereinafter collectively referred to as "Bidder"): • Within the three-year period preceding the proposal,they have been convicted of,or had a civil judgment rendered against them for: o fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public (federal,state,or local)transaction or contract under a public transaction; o violation of a federal or state antitrust statute; o embezzlement,theft, forgery,bribery,falsification,or destruction of records;or o false statements or receipt of stolen property •Within a three-year period preceding their proposal,they have had a public transaction (federal,state,or local)terminated for cause or default. Disclosure of the above information will not automatically eliminate a Bidder from consideration. The information will be considered as part of the determination of whether to award the contract and any additional information or explanation that a Bidder elects to submit with the disclosed information will be considered.If it is later determined that the Bidder failed to disclose required information,any contract awarded to such Bidder may be immediately voided and terminated for material failure to comply with the terms and conditions of the award. Any Bidder who is awarded a contract must sign an appropriate Certification Regarding Debarment,Suspension,and Other Responsibility Matters.Additionally,the Bidder awarded the contract must immediately advise the County in writing if,during the term of the agreement: (1)Bidder becomes suspended,debarred,excluded or ineligible for participation in federal or state funded programs or from receiving federal funds as listed in the excluded parties list system (http://www.epls.gov);or (2)any of the above listed conditions become applicable to Bidder.The Bidder will indemnify,defend and hold the County harmless for any loss or damage resulting from a conviction,debarment,exclusion,ineligibility or other matter listed in the signed Certification Regarding Debarment,Suspension,and Other Responsibility Matters. February 2BI5 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 inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction.If itis 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 ifat 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 inthe foregoing shall be construed to require establishment ofa 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 inthe ordinary course of business dealings. February 20I5 County of FreSHO Page P-3 G:\Public\RFQAFY 2014-15\912-5334 Job Order ContracR912-5334Job 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:%/f,yUu fWkxX^D Date:03/27/2015 Cynthia Benites/ President VELIS ENGINEERING,INC. (Printed Name &Title)(Name of Agency or Company) February 2DI5 County of FreSflD Page P-4 G:\PublicWFQ\FY 2014-15\912-5334 Job Order Contracft912-5334 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 if during the term of the agreement the Contractor changes its status to operate as a corporation,members of the Contractor's Board of Directors shall disclose any self-dealing transactions that they are a party to while Contractor is providing goods or performing services under the agreement with the County.A self-dealing transaction shall mean a transaction to which the Contractor is a party and in which one or more of its directors has a material financial interest.Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Fresno County Self-Dealing Transaction Disclosure Form and submitting itto the County prior to commencing with the self-dealing transaction or immediately thereafter. February 2QTS County of Fresno Page P-5 G:\PublicWFQ\FY 2014-15\912-5334 Job Order Contracft912-5334 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.gov/oprl/pwappwaqe/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 20I5 County of Fresno Page P-E G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracft912-5334 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 in the locality for each craft or type of worker needed to execute the work.Said wage rates pursuant to Section 1773.2 of the Labor Code are on file with the Clerk to the Fresno County Board of Supervisors,and will be made available to any interested person on request.A copy of this wage scale may also be obtained at the following Web Site: www,dir.ca.qov/dlsr. B.Pursuant to Section 1775 of the Labor Code of the State of California,nothing in this Article shall prevent the employment of properly registered apprentices upon public works.Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he/she is employed,and shall be employed only at the work of the craft or trade to which he/she is registered. C.Only apprentices,as defined in Section 3077,who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing at Section 3070),Division 3, of the Labor Code,are eligible to be employed on public works.The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he/she is training. D.Fresno County is committed to increasing the availability of employment and training opportunities,with particular attention to the plight of those who are most economically disadvantaged.In an effort to advance that purpose,the County will require that,for certain specified projects,as identified by the County in the Request for Proposal submitted by the County for that particular Job Order,the Contractor and each subcontractor employed thereon shall use their best efforts to ensure that thirty-three percent (33%)of apprentice hours,as determined by California Labor Code Section 1777.5 for each contractor and subcontractor of any tier on this Project,are performed by qualified participants in state approved apprenticeship programs who also are current or former "Welfare-to-Work" participants in the CalWORKs program. Provided,that this Paragraph D shall not apply to any projects that are federally funded in whole or in part,or to any projects that fall within the definition of "maintenance work"as that term is defined in California Public Contract Code §22002(d);and each project to which this Paragraph D is applicable shall be identified by the County in the Request for Proposal submitted by the County for that particular Job Order.Provided further,that nothing contained in this Paragraph D shall be interpreted to relieve or in any way diminish the obligation of the Contractor and each subcontractor to comply fully with all applicable apprenticeship laws in accordance with the California Labor Code and the California Code of Regulations;and accordingly such requirements as are contractually imposed by this Paragraph D shall be in addition to such legally mandated requirements,and applicable only to the extent fully consistent therewith. February 20(5 County nf Fresno Page P-7 G:\Public\RFOAFY 2014-15\912-5334 Job Order Contracft912-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 Vendor must complete and return with Request for Quotation Fjrm.VELIS ENGINEERING,INC. REFERENCE LIST Provide a list of at least five (5)customers for whom you have recently provided similar services.Be sure to include all requested information. Reference Name:CSU STANISLAUS Contact:MIKE BIANCO Address:ONE UNIVERSITY CIRCLE City:TURLOCK State:CA Zip:95382 Phone No.:(209 )fifi7-33?8 Date:OCTOBER 2014-PRESENT Service Provided:JOB ORDER CONTRACT PLUMBING,FRAMING,A/C,PAVING PLUS VARIOUS OTHER TRADES Reference Name:FRESNO COUNTY JOC 912-5097 Contact:BOB BETHKE Address:4590 E.KINGS CANYON City:FRESNO State:CA Zip:93702 Phone No.:( 559 )600-7257 Date:MARCH 2013-MARCH 2014 Service Provided: JOB ORDER CONTRACT PLUMBING,FRAMING,A/C,PAVING,CARPET REPLACEMENT PLUS VARIOUS OTHER TRADES Reference Name:CSU STANISLAUS Contact MIKE BIANCO Address:ONE UNIVERSITY CIRCLE City:TURLOCK State:CA Zip:95382 Phone No.:(559 )667-3328 Date:APRIL 2010-APRIL 2011 Service Provided: JOB ORDER CONTRACT PLUMBING, FRAMING,A/C, PAVINGPLUS VARIOUS OTHER TRADES Reference Name:UC MERCED UCMFAC 10-1015 Contact MARK LUTZ Address:5200 N.LAKE ROAD City:MERCED State:CA Zip:95343 Phone No.:(209 )228-7819 Date:MAY2010-MAY2011 Service Provided: JOB ORDER CONTRACT PLUMBING,FRAMING,A/C,PAVING,SPRINKLERS PLUS VARIOUS OTHER TRADES Reference Name:TULARE COUNTY JOC 003 Contact HAL CYPERT Address:5961 SOUTH MOONEY BLVD City:VISALIA State:CA Zip:93277 Phone No.:( 559 )733-6291 Date:APRIL 2009-APRIL 2010 Service Provided: JOB ORDER CONTRACT PLUMBING,FRAMING,A/C,PAVING,SPRINKLERS PLUS VARIOUS OTHER TRADES February 2DI5 County of Fresno Page P-8 G:\Pubtic\RFQ\FY 2014-15\912-5334Job Order Contracft912-5334 Job OrderContract- Vol.01.doc Quotation No.912-5334 BIDDERS'REQUIRED DOCUMENTS Because ofnumerous 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 isnotto be considered as partofthe contract documents.Bidders are cautioned that deleting ornot submitting a form supplied in the bid documents (even if the form does not require signature)may result in an irregular bid. Complete andsubmitthe following withyour 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 are not required tosubmita list of subcontractors with theirbidsas the General Requirements Contract isan indefinite quantity contract and therefore the work isnot defined prior to award.However,ifthe Contract is awarded,the successfulbidder will be required tosubmita 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 JointVenture -list members;if members are corporations or partnerships,list their officers or partners. Individual -list Owner's name and firm namestyle Signature of Bidder - Bid Must Be Signed! Corporation - byan officer Partnership- bya partner JointVenture- bya 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-9 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contractt912-5334 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'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 issealedand shows the 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 retumed unopened.Be surethe statement "Do Not Open Until Time ofBid Opening"is on the envelope. If you have any questions,please contact Louann M.Jones,Purchasing Division,(559)600-7118. February 2QI5 County of Fresno Page P-IO G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc BID SHEET Quotation No.912-5334 BIDDING DOCUMENTS BIDDER:VELIS ENGINEERING,INC. SOLICITATION NO.:912-5334 PROJECT:Job Order Contract The bidder,declares that the only persons,or parties interested in this bid as principals are those named herein;that this bid is made without collusion with any other person,firm or corporation;that he has carefully examined the location of the proposed work,the annexed proposed form of contract,and the Bid Documents therein referred to;and he proposes and agrees if this bid is accepted,that he will contract with the County of Fresno to provide all necessary machinery,tools,apparatus and other means of construction,and to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed, and according to the requirements of the Owner as therein set forth,and that he will take in full payment therefore the following Adjustment Factors,to-wit: This Work is to be performed in accordance with the Bidding Documents including the Bidding Information,Contract forms,General and Supplemental Conditions,and Addenda Numbers 1 ,, 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- Unit work requirements to be performed during Normal Working Hours for non- federally funded Projects as ordered by the County in individual Job Orders against the contract. 1.0.7600 Utilize four decimal places zero,seven,six,zero,zero Bid for Normal Working Hours - in words Item 2- Unit work requirements to be performed during Other Than Normal Working Hours for non-federally funded Projects as ordered by the COUNTY in individual Job Orders against the contract.(Note:Item 2 may not be lower than Item 1.) 2.0.7610 Utilize four decimal places zero,seven,six,one,zero Bid for Other Than Normal Working Hours - in words February 20(5 County of Fresno Page P-ll G:\Public\RFQ\FY 2014-15V912-5334 Job Order Contract\912-5334 Job Order Contract-Vol.01.doc BIO SHEET Quotation No.912-5334 BEDDING DOCUMENTS Item3-Unit workrequirements to be performed during Normal Working Hours for federally funded Projects as orderedbythe County in individual Job Ordersagainstthe contract.(Note:Item 3 may not be lower than Item 1.) 3.0.7600 Utilize four decimal places zero,seven,six,zero,zero Bidfor 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:Item4 may not be lowerthan Item 1) 4.0.7610 Utilize four decimal places zero,seven,six,one,zero 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 (Line1 Below)added to 20% of OtherThan Normal Working Hours Factorfor non-federally funded Projects (Line 2 Below) added to 10%of Normal Working Hours Factorfor federally funded Projects (Line 3 Below) added to 5% ofOther Than Normal Working Hours Factorfor federally funded Projects (Line 4 Below). Award Criteria Formula: A X B =C Adjustment Factor from Above 1.0.7600 Line 1 x Adjustment Factor Multiplier for Evaluation .65 —. Percentage of Adjustment Factor to be used in Evaluation (carry to 4 decimal places) 0.4940 2.0.7610 Line 2 X .20 =0.1522 3.0.7600 Line 3 X .10 =0.0760 4.0.7610 Line 4 X .05 =0.0381 Award Criteria Figure:0.7603 February 20I5 CflUOty of Fresno G:\Public\RFQAFY 2014-15\912-5334 Job Order Contracft912-5334 Job OrderContract-Vol.01.doc Page P-I2 BIDDER TO COMPLETE Quotation No.9I2-5D2D BIDDING DOCUMENTS Notes to Bidder: 1.Specify lines 1 through 5 to four (4)decimal places.Use conventional rounding methodology (i.e.,ifthe numberinthe 5th decimal place is0-4,the numberinthe4th decimal remains unchanged;ifthe number in the 5th decimal place is5-9,the number in the 4th decimal is rounded upward). 2. The weighted multipliers above are for the purpose of calculating an Award Criteria Figure only. No assurances are made bythe Owner that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above.The Award Criteria Figure is only used for the purposeof determining the Bid. 3.When submitting Job OrderPrice Proposals related to specific Job Orders,the Bidder shall utilize oneor more ofthe Adjustment Factors applicable tothe Work being performed. February 2DIS County of Fresno Page p-|3 G:\Public\RFaFY 2014-19912-5334 JobOrderContracts 2-5334 JobOrderContract-Vol.01.doc SIGNATURE PAGE Quotation No.912-5334 BIDDING DOCUMENTS BIDDER:VELIS ENGINEERING,INC.^___ In case of a discrepancy between words and figures, the words shall prevail. If this bid shall be acceptedandthe 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 afterthe awardofthe contract,the Awarding Authority, at its option,maydeterminethat the bidderhas abandoned the contract,and thereuponthis bid andthe acceptance thereofshallbe null and void,and the forfeiture ofsuch security accompanying this bidshall operate and the same shall be the property ofthe Owner. PROJECT:Job Order Contract SOLICITATION NO.:912-5334 Accompanying this bidis security (check one only)inamount equal to TwentyFiveThousand Dollars ($25,000,000): Bid Bond (X );Certified Check ();Cashier's Check ( ) The names ofall persons interested inthe foregoing bid as principalsare as follows: IMPORTANT NOTICE:If bidderor other interested person is a corporation,state legal name of corporation, also names ofthe president,secretary,treasurer and manager thereof; ifa co partnership,state true name of firm,also names ofall individual co-partners composing firm;if bidder or other interested person is an individual,state first and last name in full. FIRM NAME: VELIS ENGINEERING,INC. CYNTHIA BENITES PRESIDENT JOE N.VELIS SECRETARY Licensed in accordance with an act providing for the registration of Contractors, Class A.B,C-36 License No.829605 Expires 12/31/2015 (Furnishing Contractor License information as part ofthis bid is optional and is requested to facilitate verification of licensure)*•—-. \lAiiUo fffklU-O 03/27/2015 Signature of Bidder Dated February 20I5 County of Fresno PageP-l4 G:\Public\RFQ\FY 2014-15W12-5334 Job Order Contract\912-5334 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 withthe signature ofthe officeror officers authorized to sign contracts on behalfof the corporation;if bidder is a co-partnership,the true name of the firm shall be set forth above together with the signature ofthe partner or partners authorized to sign contracts on behalfof the co-partnership; and ifbidder is an individual,his signature shall be placed above.If signatureis byan agent, otherthan an officer ofa corporation ora memberofa partnership,a Power ofAttorney must be on file with the Owner priorto opening bids or submitted with the bid; otherwise,the bid will be disregarded as irregular and unauthorized. Business Address:1929 INDUSTRIAL WAY Zip Code:93657 Mailing Address:1929 INDUSTRIAL WAY City:SANGER State: CA Zip:93657 Phone No.:(559 )fl7fi-nn?Q Fax No.:(559 )R7fi-33nn February 20I5 County ofFresno Page P-I5 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts2-5334 Job Order Contract-Vol.01.doc THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BYTHESE PRESENTS,thatwe Velis Engineering, Inc. as Principal,hereinafter called the Principal,and Merchants BondingCompany (Mutual) a corporation duly organized under the laws of the State of Iowa as Surety,hereinafter called the Surety,are held and firmly bound unto County of Fresno as Obligee,hereinafter called the Obligee,in the sum of Twenty Five Thousand and No/100**** Dollars ($25,000.00") for the payment of which sum well and truly tobe made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors andassigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bidfor Job Order Contract 912-5334 NOW,THEREFORE,if the Obligee shall accept the bid ofthe Principal and the Principal shall enter into a Contract with the Obligee in accordance with thetermsofsuch bid,and give such bond or bonds as maybe specified in the bidding or Contract Documents with goodand sufficient suretyforthe faithful performance ofsuch Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failureof the Principal toenter such Contract and give such bond or bonds,if the Principal shall paytothe Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amountfor which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 17th day of March,2015. (Witness) [-f)Pr6l ^~2<a (Witness) { { AIA DOCUMENT A310 • BID BOND • AIA ® .FEBRUARY 1970 ED •THE AMERICAN INSTITUTE OF ARCHITECTS.1735 N.Y. AVE., N.W..WASHINGTON,D.C.20006 Velis Engineering,Inc.'/) BY: (Principal)(Seal) PRESIDENT (Title) MerchantSy6qnding Companyj(MutuaI) BY:t (Surety)(Seal) Attomey-Jh-fiact:Justin Smit (Title) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifiesonly the identity ofthe individual who signed the document to which this certificate is attached, and notthe truthfulness,accuracy,or validity ofthat document. State of California County of Fresno before me Roberta Voss,Notary Public (insert name and title ofthe officer) personally appeared Justin Smit who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/8K>& subscribed to the within instrument and acknowledged to me that he/sioe&toey<executed the same in his/buBt/ttoea authorized capacity^,and that by his/KKHr/taeix signature^)on the instrument the person(s),orthe entity upon behalf of which the person^)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foreqoinq paragraph is true and correct. WITNESS my hand and official seal. Signature--/)&fj /pTfo^Xhv--,(Seal) 1*************ift***>*•*^.maila,*-\t\r \/&%«§§\ROBERTA VOSS \I /§bf«3sS&NOTARY PUBLIC -CALIFORNIA » £ISTgiaSiiS COMMISSION #2053053 £ i vS3S^/FRESNO COUNTY tj^gSfjP^MyComm.Exp.January 19,2018 • Merchants BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING INC both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies")' and that the Companies do hereby make,constitute and appoint,individually, Amber Easterday;Ann MFerguson;Justin Smit;Mary Beth Smith;Robert G Taylor; Roberta Voss .,.. .Fresno and State of California their true and lawful Attorney-in-Fact,with full powerandauthorityherebyconferredintheirname,place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that anv such instrument shall not exceed the amount of: FIVE MILLION (§5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers ofthe Companies,and all theacts of said Attorney-in-Fact,pursuant tothe authority herein qiven are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors ofthe Merchants Bonding Company (Mutual)onApril 23,2011 and adopted by the Board of Directors ofMerchants National Bonding,Inc., on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writin'qs obliqatorv in the nature thereof.say The signature ofany authorized officer and the sealofthe Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance orother suretyship obligations ofthe Company,andsuch signature andseal when so used shall havethe same force and effectas though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 13thday of August ,2014 "»"••.,„ ^^vom^/x .•<\\*g coJLr***^«Vo»••«*>'"'-A^ttPf)*%•*•MERCHANTS BONDING COMPANY (MUTUAL) t.t/'.G**^\0''-.'**.•&*fyl-V*MERCHANTS NATIONAL BONDING,INC. STATE OF IOWA COUNTY OF POLK ss. \%.Z00i S %m &:- •-..„.!>'"President On this 13thday of August .2014.before me appeared Larry Taylor,to me personally known,who being by me duly sworn did saythatheis President ofthe MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING INC •and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed inbehalfofthe Companiesby authority oftheir respective Boardsof Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal atthe City of Des Moines Iowa the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. fW.,WENDY WOODY >Commission Number 784654 7 My Commission Expires /owe-June 20, 2017 x^DwJLJ- Notary Public. Polk County,Iowa I,William Warner,Jr.,Secretaryofthe MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING INC do hereby certify that the above and foregoing isa true and correct copy ofthe POWER-OF-ATTORNEY executed by said Companies which is still in fullforce and effect and has not been amended or revoked. In WitnessWhereof,I have hereunto sejjny hand and affixed the seal ofthe Companies onthis/7-fndayof to^f/l^1,Oi\ ;K.',%*V1 •-f \ \f*lrPOA0014(7/14) -©- 2C03 ••3?"°-^!-*^ 1933 1 *»-. '♦■■*••#• Secretary Quotation Nd.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 CYNTHIA BENITES (Printed or Typed Name) being firstdulysworn,deposes and says that he or she is PRESIDENT (Owner,Partner,Corporate Officer (list title),Co-Venturer) of VELIS ENGINEERING,INC. (Bidding Entity) the party making the foregoing bid that the bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price, or of that of any other bidder,or to secure any advantage against the public body awarding the contractofanyone interested inthe proposed contract;that all statements containedinthe bid are true;and,further,that the bidder has not,directly or indirectly,submitted his or her bid price orany breakdown thereof,orthe contents thereof,or divulged information ordata 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,orto any memberoragent thereoftoeffectuatea collusive or sham bid-IJ n /"—\ 03/27/2015 (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 isa required part of the Bid.Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. February 20I5 County DT Fresno Page P-IB G:\Public\RFQ\FY 2014-15\912-5334 JobOrder Contracft912-5334 JobOrder Contract-Vol.01.doc o/ Quotatipn Nd.912-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 CERTIFICATIONWITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS. The CONTRACTOR or proposed subcontractor, hereby certifiesthat fcafehe ka&has not participatedina previous contract or subcontract subject tothe equal opportunity clause,as required by Executive Orders 10925,11114,or 11246,andthat he <baa 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. VELIS ENGINEERING,INC. By:C^HatT'B PRESIDENT (Title) Date:03/27/2015 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 contracts and subcontracts which are subject tothe equal opportunity clause.Contracts and subcontracts which are exempt from theequal opportunity clause are set forth in 41 CFR 60-1.5.(Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently,Standard Form 100 (EEO-1)isthe only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated ina previous contract or subcontractsubjecttothe 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 submits a report covering the delinquent period orsuchother period specified by the Director,Officeof Federal Contract Compliance,U.S. Department of Labor. February 2DI5 County of FrBSnD Page P-I7 G:\PubfcWFQ\FY 2014-15\912-5334 JobOrderContracft912-5334 JobOrderContract -Vol.01.doc Duptatian No.3I2-5334 _____BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 NOTE:The biddershallcheck Box Aor Box B.If the bidderdoes notcheck a boxit will be deemed that he has checked Box A. The bidder certifies that: A-( )I do not intend to subcontract any work on this project. B.(_x )I do intend to subcontract portions of the work on this project. In accordance with the provisions of Section,"Participation by Minority Business Enterprises in Subcontracting,"inthe Special Provisions,I have taken affirmative action to seek out and consider minority business enterprises forthe portionsofthe work which are intended tobe 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. VELIS ENGINEERING,INC. PRESIDENT (Title) February 2DI5 County of FreSHQ Page P-I8 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contractt912-5334 Job Order Contract-Vol.01.doc Quotation Na.312-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 TITLE 49,CODE OF FEDERAL REGULATIONS,PART 29 DEBARMENT AND SUSPENSION CERTIFICATION Tne CONTRACTOR under penalty of perjury,certifies that,exceptas 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 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 itbya 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 inthe following space: (x ) 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 itapplies, initiating agency,and dates of action: Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part ofthe 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. VELIS ENGINEERING,INC (Bfdder) By:ftA^ Date:03/27/2015 PRESIDENT (Title) February 2DIS County ofFrBSnO Page P-I9 G:\Public\FTOFY 2014-15\912-5334 Job Order Contracts 12-5334 Job Order Contract - Vol.01.doc Quotation No.912-5334 PROJECT:Job Order Contract SOLICITATION NO.:912-5334 (Thisguaranty shall be executed bythe successful bidderin accordance with instructions inthe 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 guaranteesthe construction and installation ofthe following work included in this project: ALL WORK Should any ofthe materials or equipment prove defective or should the work as a whole prove defective,due to faulty workmanship,material furnished ormethodsof installation,or should the work or any partthereof fail to operate properly as originally intendedand inaccordance with the plansand specifications,duetoanyofthe abovecauses,all within twelve (12)months after Notice of Completion has been filed ona specific Job Order on which this contract is accepted by the Owner,the undersigned agreesto reimburse the Owner,upon demand,for its expenses incurred in restoring said work tothe condition contemplated in said project,including the cost ofanysuch equipment or materials replaced andthecostof removing and replacing any other work necessary to makesuch replacement or repairs,or,upon demand by the Owner,to replace anysuch material and to repairsaid work completely without cost to the Ownerso that said work will functionsuccessfully as originally contemplated. The Owner shall havethe unqualified option to make anyneeded replacement or repairs itself orto have such replacements or repairsdone bythe undersigned.In the event the Owner electstohavesaid work performed by the undersigned,the undersigned agrees thatthe repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable timeafterthe receiptofdemand from the Owner.If the undersignedshall fail or refuse to complywithhis obligations under this guaranty, the Owner shall be entitled to all costs and expenses,including attorneys'fees, reasonably incurred byreason ofthe said failure or refusal. VELIS ENGINEERING,INC. 1929 INDUSTRIAL WAY Date:03/27/2015 February 2DI5 County of Fresno Page P-20 G:\Public\RFQ\FY 2014-15912-5334Job Order Contractt912-5334 Job OrderContract-Vol.01.doc 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\912-5334JOB ,———hrs ORDER CONTRACT\912-5334 ADD 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,2«>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 aftercontractaward. Clarification of specifications is to be directed to:Louann M.Jones,phone (559)600-7118,e-mail CountvPurchasing@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 onstate 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 (H TO RFQ 912-5334 COMPANY NAME: SIGNATURE: NAME &TITLE:fyYVrhlO,6^4^/^^IfW (PRINT) G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACTS!2-5334 ADD 1.DOC (4/11) ADDENDUM NO.One (1)Page 2 REQUEST FOR QUOTATION NUMBER 912-5334 March 13,2015 Q1. There was a public meeting a few months ago regarding an upcoming Job Order Contract that had more road work involved,is this the same JOC? A1.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 fora minimum of $25,000.00 and a maximum of $2,000,000.00. With the possibility of increasing the maximum ifa need is determined bythe manager of Facilities Services. Q3.Will you provide a copy of the sign-in sheet for this pre-bid meeting? A3.See Exhibit B attached. Q4. Can you (the contractor)turn down any job when awarded the contract? A4. There is no right of refusal under this contract. Q5. Is there a lot of federally funded type of work expected as part of this JOC? A5.Historically there has 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 four detention 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. How quickly after the low bids are chosen will the actual jobs be released? A8.Could be released as soon as 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 toproceedonthejob order is releasedand 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 items are tiedto the contractor's normal working hours factor. Q11.Afterthe JOC contracts are awarded,will contractors/projects have to wait for July 1st beginning of the fiscal year funding? A11.No,some projects will need new fiscalyear funding and some projects will cross fiscal years. G:\PUBLIC\RFQ\FY 2014-15V912-5334JOB ORDER CONTRACTI912-5334 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 allthe funding within the JOC contract upfront orat the tail end of the contract timeframe? A12.Use of the funding forthe JOC has varied with each JOC contract timeframeand 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 of the previous JOC contract have changed forthisJOC contract andthose changes (e.g.nonpre-priced items factor and 1% fee to Gordian)could have increased cost implications. Award Fomiula A X 8 =C Adjustment Factor fiom PreviousPage Adjustment Factor Multiplier (or Evaluation Percentage of Adju&imem Facta to be used in EvaluaJion (carry to 4 decimal places} 1 07*40 X .65 =Q.4&3S.—.. Ltnel 2.0 9000 X .20 *0.1800 Line 2 'i-0 7?00 Une 3 X .W =0.0720.... 4.0 835*X .05 3T 0 0443 L*f*e 4 Award Formula: A Adjustment Factor from Previous Page 1.,75^0 line 1 2.."7SSI line 2 3. Line 3 4.nsH\ Line 4 Adjustment Factor Multiplier for Evaluation .65 .20 .10 .05 G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACTS2-5334 ADD 1.D0C ToW Total 0.7799 Percentage of Adjustment Factor to be used in Evaluation {carryto 4 decimal places) .3fLQ\ ,\SQ% •015*1 OjlLI "794 O ADDENDUM NO.One(1)Page4 REQUEST FOR QUOTATION NUMBER 912-5334 March 13,2015 Q14.Volume Two of the RFQ says that the pre-bidmeeting is mandatory, what will that mean? Are you going to accept bids from people that did not come to the meeting? A14.Page 0-1,Volume Two ofthe RFQ states theexpressed requirement of "Prospective bidders must attend the mandatorypre-bid conference."Vendors that did not attend the pre-bid conference will not have met this requirement of the RFQ. Q15.How many bids do I submit? A15.One per bidder. G:\PUBLIC\RFQ\FY 2014-15\912-5334 JOB ORDER CONTRACTS!2-5334 ADD 1.DOC 912-5334 Addendum 1 Exhibit A THE GORDIAN GROUP' JOC System License and Fee Agreement ThisAgreementis 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,[InsertOwner'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 conditionsof 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 rightor interest inany 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 this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy,and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond)as well as all other monetary remedies available at law or in equity.In the event that it becomes necessary for either party to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, including nonpayment of any Contractor License Fees owed,whether by litigation,arbitration or other proceedings,the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings,including reasonable attorney's fees. This Agreement shall be construed under the laws of the State of California without regard to choice of law principles.Both parties irrevocably consent to the jurisdiction and venue of the federal and state courts located in the State of California for purposes of any action brought in connection with this Agreementor use ofthe Proprietary Information. The parties agree that in the event of a conflict in terms and conditions between this Agreement and any other terms and conditions ofthe Contract,the Owner Contract,or any Job Order,Purchase Order or similar purchasing document issued to Contractor by Owner,this Agreement shall take precedence. [Insert Contractor's Full Legal Name]The Gordian Group,Inc. Signature:Signature: Name:Name:Ammon T Lesher Title:Title:Vice President of Legal Affairs ACKNOWLEDGMENTOF [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 myhandand seal this dayof 2015. Signature of Notary Public Place Notary Seal Above BID NO.:912-5334 Job Order Contract D JOB SITE INSPECTION VENDOR CONFERENCE I BID OPENING COMPANY NAME T ] ?e,f mm'T7£>r_.S' 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 iQz^m COMPANY REPRESENTATIVE COMRftNY ADDRESS 1 CITY/STATBZIP ^-—~~" IZju^cv^fi)d ur'hw.-tov\<Avi)ckto^.Conn E4BAIL ADDRESS 1r*"'" PHONE NUMBER FAX NUMBER Mm2\l WLL9ooi Ccp<vi_^ioCXloi COMPANY NAME COMPANY REPRESENTATIVE ^7 "11 IE,CukiTcbNJ j_V^- COMPANY ADDRESS CITY/STATE/ZIP ' •ssc'i _/t&ofej PHONE NUMBER *3#\•*&,<Jr1 / FAXNUMBER / ^ArrJc-^-i llL/^-'Xf7 '•--.•/-£l i COMPANY NAME COMPANY REPRESENTATIVE -CITY/STATECIP -^E-MAIL ADDRESS 7"^ 4??-3ffe^ PHONE NUMBER #2-3<??2- FAX NUMBER COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY AODRESS 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 PER- Revised 8/05 C:\USERS\LJONESVAPPMTAVLOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\edNTENT.OUTLOOKWJVYNDWQ\912-&34 VC.DOC" BID NO.:9125334 Job Order Contract JOB SITE INSPECTION X VENDOR CONFERENCE [H BID OPENING l5^<*jDte<>'-!''<*.s7>^-_^7<*J2M±_^_COMPANY NAME &# 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 ADDRESS COMPANY REPRESENTATIVE Isa^t /^o-a..^//--^o^/^9sas>? /CITY/STATEKIP 9* r*MAIL ADDRESS FAXNUMBERPHONENUMBER &0S- --,COM A or J Td^k^s COMPANY NAftE COMPANY REPRESENTATIVE COMPANY ADDRESS C4 9?7o£ CITY/STATE/ZIP »^E-MAIL ADDRESS '-J* PHONE NUMBER slJ—ltL&ns k /x A 4 /*C-- COMPANY NAME COMPANY REPRESENTATIVE sv^J1.*-. COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS Ce'Sj"WSJ PHONE NUMBER FAX 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 COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADORESS CITY/STATBZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER ros* Revised 8/05 C:\USERS\LJONES\AProATA_OCALSK^ROSOFT\WINDOWS\TEMPORARY INTERNET RLES\CONTENT.OUTLOOKUCNVYNDWQ\912-S3M VC.DCC 912-5334 Addendum 1 Exhibit B DATE:03/10/2015 Job Order Contract DESCRIPTION OF BID PI JOB SITE INSPECTION X]VENDOR CONFERENCE BID OPENING muPAWv wane —COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS &0£A/rAyK r,A-<ii±o±~ —CITY/STATE/ZIP E-MAIL ADDRESS $l&-s&0 -9S-0S) PHONE NUMBER 4l<{-7U1-£*£~OJL FAX NUMBER \b &ti(k\NU£iki<y ,i^y7 S",J>\J COMPANY NAME,.- ,ss,*s.COMPANY REPRESENTATIVE i __efl^TATBZIP ,, 5*?!flu l>0 2-1 E-MAIL ADDRESS PHONE NUMBER FAX NUMBER K^-rJ.U^V\C jO; COMPANY NAME COMPANY REPRESENTATIVE ,'COMPANY ADDRESS (/Tf CITY/STATE/ZIP "k_fe_____L E-MAIL ADDRESS 7 PHONE NUMBER FAX NUMBER BID DUE DATE:03/27/2015 BUYER:Louann M.Jones COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER <r COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATBZIP E-MAIL ADDRESS PHONE NUMBER FAXNUMBER VLmV £_X5Y--AvP-A~- COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER P--? Revised 8/05 C:\USERS\UONES\AF^DATA\LC<^\MICTOSC>FT\WlrCXWS\TEMfK)RARY INTERNET FILESVCONTENT.C)UTLCOK\XN WNDWQS12-5334 VC.DOC 912-5334 Addendum 1 Exhibit B BID NO.:912-5334 DATE:03/10/2015 Job Order Contract PI JOB SITE INSPECTION J*]VENDOR CONFERENCE ™]BID OPENING DESCRIPTION OF BID ~~ BID DUE DATE:03/27/2015 BUYER:Louann M.Jones $€<\$k£ejrsqif\e--ennq Vwfc•^company name ^7 a COMPANY REPRESENTATIVE i£25 t°l'l4'h.J1^ftn'h*.*>?-COMPANY ADORESS 7 CITY/STATE/ZIP u)lee $Smjhcrtnq,cov^\ E-MAIL ADDRESS Z/3Wg?£/5n COMPANY NAME Mlfo£fA,/Si£/7 COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATE/ZIP Sh,k*£Au,t&i &>&0A6>Z .CQsw, PHONE NUMBER -zn)q<fo-fci3\44/-crt-w7r FAXNOMBER PHONE NUMBER E-MAIC ADORE FAX NUMBER /?.7-/?^.w 7/'J-«s AhkL >ANYNA__T COMPANY REPRESENTATIVEUUMKAWYKfcHKfcSfcNIAIIVfc J £g-ff-x yy„>/^„u ^U J/Jv//g /T ;COMPANY ADDRESS ' S>/w C4 9^/S^ -—-'CITY/STATE/ZIP j 7 E-MAIL ADDRESS PHONE NUMBER FAX NUMBER -%-Q.'•b/T-Y^'/A/t/ COMPANYNAME,/,,COMPANY N ,COMPANY REPRESENTATIVE 7£#t?/v.ff__l_t__ /—,.fflPMPANYAajRESS .-/ CITY/STATBZIP —1 -jT E-MAIL ADDRESS-ft ZUi>l-%2Z5 __3£-S3 S« PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATBZIP E-MAIL ADDRESS PHONE NUMBER FAX NUMBER COMPANY NAME COMPANY REPRESENTATIVE COMPANY ADDRESS CITY/STATBZIP E-MAIL ADORESS PHONE NUMBER FAX NUMBER P~~3 Revised 8/05 C:\USr£RS\LJONES\AP1^ATA\LCCAL\MICROSOFT\WlNDOWS\TavFORARYINTERNET FILES\CONTENT.OUUOOWXNVYNDWQ\912-5334 VC.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'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 forbiddertocomplete and return with bid. OTHER If you remove the bid from the specifications booklet,please staple thepages together. Make sure your bid envelope issealedand shows the 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.Be surethe 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 20I5 County oFFresno Page P-IO G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 2-5334 Job Order Contract - Vol.01.doc BID SHEET Quotation No.312-5334 BIDDING DOCUMENTS bidder:Afdcn-V Strict t \no 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 of the Owner as therein set forth,and that he will take infull 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 $L.Jl4tX 3ffr|*S ,,and Bid Items: 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. Base Period (12 months from Notice of contract award or expenditure of the $2,000,000 maximum value of the contract,whichever occurs first) Item 1- Unit work requirements to be performed during Normal Working Hours for non- federally funded Projects as ordered by the County in individual Job Orders against the contract. 1.o.fcqoo Utilize four decimal places Bidfor MormaWVorking Hours - in words Item 2- Unit work requirements to be performed during Other Than Normal Working Hours for non-federally funded Projects as ordered by the COUNTY in individual Job Orders against the contract.(Note:Item 2 may not be lower than Item 1.) 2.CM 100 Utilize four decimal places id for Other Trian Normal Working Hours - in wore February 2015 County of Fresno PageP-ll G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contiact\912-5334 Job Order Contract -Vol.01.doc BID SHEET Quotation No.912-5334 BIDDING DOCUMENTS Item 3- Unitwork requirements to be performed during Normal Working Hours for federally funded Projects as ordered by the County in individual Job Orders against the contract.(Note:Item 3 may not be lower than Item 1.) o.aHoo Utilize four decimal places Bid for Normal Working Hours - in words Item 4- Unit work requirements to be performed during Other Than Normal Working Hours for federally funded Projects as ordered by the COUNTY in individual Job Orders against the contract.(Note:Item 4 may not be lower than Item 1) o.ftqoo Utilize four decimal places Bid forOther Than NormalWorking 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-federally funded Projects (Line 2 Below) added to 10%of Normal Working Hours Factor for federally funded Projects (Line 3 Below) added to 5% of Other Than Normal Working Hours Factor for federally funded Projects (Line 4 Below). Award Criteria Formula: A Adjustment Factor from Above 1.0,fr100 Line 1 2._____a_2_o__ Line 2 3.n.woo Line 3 4.Q.frlOQ Line 4 B Adjustment Factor Multiplierfor Evaluation .65 .20 .10 .05 Percentage of Adjustment Factor to be used in Evaluation (carry to 4 decimal places) Cu5(p5£ D.WO o.pft4o 0-0445 Award Criteria Figure:0 «u |TjO February 20I5 County £lf Fresno G:\PuWic\RFQ\FY 2014-15\912-5334 Job Order Contracts2-5334 Job Order Contract - Vol.01.doc Page P-I2 BIDDER TD COMPLETE Quotation No.912-5020 BIDDING DOCUMENTS Notes to Bidder: 1.Specify lines1 through 5 to four (4)decimal places. Use conventional rounding methodology (i.e., ifthe number inthe 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 ofcalculatingan Award Criteria Figure only. No assurances are made by the Owner that Work will be ordered under the Contract ina distribution consistent withthe weighted percentages above. The Award CriteriaFigure is only used 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 2015 County of Fresno Page P-!3 G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contract\912-5334 Job Order Contract -Vol.01.doc SIGNATURE PAGE Quotation No.912-5334 BIDDING DOCUMENTS BIDDER:Ardent General Inc In case ofa discrepancy between words and figures,the wordsshall prevail. If this bid shallbe accepted and the undersigned shall fail to contract,as aforesaid,andto give the two bondsinthe sums to be determined as aforesaid,with surety satisfactory to the Awarding Authority,within ten (10)days afterthe award ofthe contract,the Awarding Authority, at its option,maydeterminethatthe bidderhas abandoned the contract,andthereupon this bid and the acceptance thereof shallbe null and void,and the forfeiture ofsuch security accompanying this bidshall operate and the same shall be the property ofthe Owner. PROJECT:Job Order Contract SOLICITATION NO.:912-5334 Accompanying this bidissecurity (check one only)inamount equal to TwentyFiveThousand Dollars ($25,000,000): Bid Bond (_^);Certified Check ();Cashier's Check ( ) The names of all persons interested inthe foregoing bid as principals are as follows: IMPORTANT NOTICE:If bidderorother interested person is a corporation,state legalname of corporation, also names ofthe 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: Ardent General Inc, a California Corporation James Myers -President Justin Barton -Sec./Treas. Licensed in accordance with an act providing for the registration of Contractors, Class A'B License No.968340 Expires 12/31/15 (Furnishing Contractor License information as part of this bid is optional and is requested to facilitate verification of licensure) j4^>2P&~03/27/15 /s'^Signature of Bidder Dated February 2DI5 County of Fresno Page P-14 G:\Public\RFQ\FY 2014-15VS12-5334 Job Order ContracR912-5334Job 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 withthe 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:3122 n.sunnyside Ave «ioi zip Code:93727 Mailing Address:3122 N.Sunnyside Ave #101 City:Fresno State:CA Zip:93727 Phone No.:(559 )492-3969 Fax No.:( 559 )492-3972 February 2015 County of Fresno Page P-15 G:\Public\RFQ\FY 2014-15X912-5334 Job Order Contract\912-5334 Job Order Contract - Vol.01.doc Duotation 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 * Justin Barton (Printed or Typed Name) being first duly sworn,deposes and says that he or she is Sec./Treas. (Owner,Partner,Corporate Officer (list title),Co-Venturer) 0f Ardent General Inc (Bidding Entity) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,profit, or cost element of the bid price, or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and,further,that the bidder has not, directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation,partnership,company association, 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. ~~03/27/15 re)(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 2DI5 County of Fresno Page P-IB G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contracts 12-5334 Job Order Contract - Vol.01.doc Quotation No.BI2-5334 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 Sec./Treas.orproposedsubcontractor.Ardent General Inc hereby certifies that he/stTe-fras$zas__2t£articipated in a previous contract or subcontract subject to the equal opportunity clause,as required by Executive Orders 10925,11114,or 11246,and that he<has ortfias nqt?)filed with the Joint Reporting Committee,the Director of the Office of Federal ContracTcompliance,a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. Ardent General Inc (Company) Just>_n Barton,Sec./Treas. (Title) Date:03/27/15 NOTE:The above certification is required bythe Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1),and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunityclause. Contracts and subcontracts whichare exempt from the equal opportunity clause are set forth in41 CFR 60-1.5.(Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently,Standard Form 100 (EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated ina previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1)prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified bythe Director, Office of Federal Contract Compliance,U. S.Department of Labor. February 20I5 County of Fresno Page P-I7 G:\Public\FSFQ\FY 2014-15V912-5334 Job Order Contracts 12-5334Job Order Contract - Vol.01.doc quotation No.BI2-5334 BIDDING DOCUMENTS PROJECT:Job Order Contract SOLICITATION NO.:912-5334 NOTE:The biddershallcheck Box Aor Box B.If the bidderdoes notcheck a boxit will be deemed that he has checked Box A. The bidder certifies that: A.( )I do not intend to subcontract any work onthis project. B.(£_)I do intend to subcontract portions ofthe work on this project. In accordance with the provisions of Section,"Participation by Minority Business Enterprises in Subcontracting,"in the Special Provisions,I have taken affirmative action to seek out and consider minority business enterprises forthe portions ofthe workwhichare intended to be subcontracted and thatsuch affirmative actions are fully documented in my recordsandare available upon request.In addition,I will takesuch affirmative action on any future subcontracting for the life of this contract. The above certification is required by Executive Order 11625. Ardent General Inc (Bidder) By:^^~^^^ Datfi^03/27/15 (Bid Justin Barton,Sec./Treas (Title) February 2DI5 County of Fresno PageP-IS G:\Public\RFQ\FY 2014-15\912-5334 Job Order Contrat*912-5334 Job OrderContract -Vol.01.doc Duotation 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 Sec./Treas.under penalty of perjury,certifies that,exceptas noted below,he/sheor any person associated therewith inthe capacity ofowner, partner,director,officer,manager: is not currently under suspension,debarment,voluntaryexclusion, or determinationof ineligibility by any federal agency; has notbeen suspended, debarred,voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does nothave a proposeddebarment pending; and has not been indicted,convicted,orhad a civil judgmentrendered against it by a court of competent jurisdiction in any matter involvingfraud or official misconduct within the past 3 years. If there are any exceptions to this certification,insertthe exceptions inthe following space: ( A ) No Exceptions Exceptions will not necessarily result indenial ofaward, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom itapplies, 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 Bidon the signature portion thereof shall also constitute signature of this Certification. Bymy 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. Ardent General Inc (Bidder) o^|yi\\$ Justin Barton,Sec./Treas. (Title) February 2DI5 County of Fresno Page P-I9 G:\Public\RFQ\FY 2014-15V912-5334 Job Order Contract 12-5334 Job Order Contract - Vol.01.doc