HomeMy WebLinkAboutFULL EXECUTED SPECIFICATIONS 20-J-05.pdfContract: 20-J-03
20-J-04
20-J-05
Cover Sheet
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B i d D o c u m e n t s
Project Manual
GENERAL BUILDING
JOB ORDER CONTRACT
Contract #’s 20-J-03, Class B
20-J-04
20-J-05
The County of Fresno
Department of Public Works and Planning
2220 Tulare St., 6th Floor
Fresno, California 93721
Pre-bid Conference: Wednesday, August 21, 2020, 10:00 a.m.
Bid Date: Thursday, September 3, 2020, 1400 hours and 00 seconds
Budget / Account – Various Funding Orgs
Development Services & Capital Projects Division
_____________________________________________________________
Department of Public Works & Planning
Contract No.: #20-J-03
20-J-04
20-J-05
Table of Contents
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JOB ORDER CONTRACTS
The County of Fresno 1
Department of Public Works & Planning 2
2220 Tulare St., 6th FL 3
Fresno, CA 93721 4
5
JOB ORDER CONTRACT 6
Contract #20-J-03, Class B 7
20-J-048
20-J-059
10
11
12
TABLE OF CONTENTS 13
14
15
INDEX TO BID DOCUMENTS 16
17
DIVISION 00 CONTRACTING REQUIREMENTS 18
SECTION 00 01 01 - COVER SHEET ....................................................................... 1 19
SECTION 00 01 07 - SIGNATURE PAGE ................................................................. 1 20
SECTION 00 01 10 - TABLE OF CONTENTS ........................................................... 1 21
SECTION 00 11 13 - NOTICE TO BIDDERS ............................................................ 6 22
*SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS .............................................. 5 23
*SECTION 00 22 13 - BIDDER’S CHECKLIST ......................................................... 3 24
*SECTION 00 42 13 - PROPOSAL ........................................................................... 4 25
*SECTION 00 43 13 - BID SECURITY FORM………………………………………… .. 1 26
*SECTION 00 45 19 - NON-COLLUSION DECLARATION ...................................... 127
SECTION 00 52 13 - AGREEMENT .......................................................................... 7 28
SECTION 00 65 36 – SAMPLE GUARANTY ............................................................ 1 29
SECTION 00 72 00 - GENERAL CONDITIONS ...................................................... 72 30
SECTION 00 72 01 – GENERAL CONDITIONS APPENDIX A……………………… 6 31
EXHIBIT A – SELF-DEALING TRANSACTION DISCLOSURE FORM ...................... 2 32
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*Sections 00 21 13 through 00 45 19 included in Bid Book35
36
Refer to the JOB ORDER CONTRACT CONSTRUCTION TASK CATALOG® and JOB 37
ORDER CONTRACT TECHNICAL SPECIFICATIONS, DIVISION 01 – DIVISION 41 38
provided in electronic format. 39
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END OF SECTION 42
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47
Contract No.: #20-J-03 Notice to Bidders JOB ORDER CONTRACTS
20-J-04 00 11 13-1
20-J-05
BOARD OF SUPERVISORS COUNTY OF FRESNO STATE OF CALIFORNIA 1
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N O T I C E T O B I D D E R S 3
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Sealed proposals will be received at 6 https://www.bidexpress.com/businesses/36473/home, and at the Fresno County 7 Department of Public Works and Planning, Office of the Design Engineer, Seventh 8 Floor, Fresno County Plaza Building, 2220 Tulare Street, Fresno, CA 93721 until 9
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2:00 P.M., (1400 hours and 00 seconds) 11
Thursday, September 3, 2020 12
13
at which time the bidding will be closed. 14 15 Due to the COVID-19 restrictions and guidelines, the Department’s bid reception desk 16 may be closed and all bidders are encouraged submit bids online through Bid 17 Express. 18 19 If a bidder is unable to submit online, please mail bid or e-mail 20 DesignServices@fresnocountyca.gov or call (559) 600-9908 in advance, so that 21 arrangements may be made to hand deliver your bid. 22 23 Promptly following the closing of the bidding all timely submitted bids will be publicly 24 opened and viewable via a livestream (the link for which will be posted at 25 http://www.co.fresno.ca.us/planholders), for construction in accordance with the 26 specifications therefor, to which special reference is made as follows: 27
28
GENERAL BUILDING JOB ORDER CONTRACT 29
30
Contract Nos.: 20-J-03, Class B 31
20-J-04, Class B32
20-J-05, Class B33
34
A Job Order Contract is an indefinite quantity contract pursuant to which the Contractor 35 will perform an ongoing series of individual projects at different locations throughout 36 the County of Fresno. The bid documents include a Construction Task Catalog® 37 containing construction tasks with preset Unit Prices. All Unit Prices are based on local 38 labor prevailing wages, material and equipment prices and are for the direct cost of 39 construction. 40 41 A MANDATORY pre-bid conference will be held at 10:00 a.m., on Friday, August 42 21, 2020 for the purpose of discussing the Job Order Contract concept, 43 documents, bid considerations and to discuss Job Order Contracting from a 44 contractor’s viewpoint. The MANDATORY pre-bid conference will be held 45 online (the link for which will be posted at 46 http://www.co.fresno.ca.us/planholders). 47
48
Contract No.: #20-J-03 Notice to Bidders JOB ORDER CONTRACTS
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20-J-05
Prospective bidders whose representative(s) attend the MANDATORY pre-bid1 conference will receive the electronic link to the official specification books, the 2 Construction Task Catalog® and Technical Specifications. 3 4 The County reserves the right, in its sole discretion, to schedule a second pre-5 bid conference via the issuance of an addendum to this contract. In such case, 6 attendance at only one of the pre-bid conferences will be mandatory. 7 8 Bidders will bid three sets of Adjustment Factors to be applied to the Unit Prices. One 9 set of Adjustment Factors for County/State-funded projects, one set of Adjustment 10 Factors for Federally-funded projects and one set of Adjustment Factors for 11 County/State-funded projects in a Secure Facility. Each set of Adjustment Factors will 12 include one Adjustment Factor for performing work during Normal Working Hours and 13 a second Adjustment Factor for performing work during Other Than Normal Working 14 Hours. All Adjustment Factors apply to every task in the Construction Task Catalog®. 15
16
Upon award of contract and as projects are identified, the Contractor will jointly scope 17 the work with the County Project Manager. The County Project Manager will prepare 18 a Detailed Scope of Work and issue a Request for Proposal to the Contractor. The 19 Contractor will then prepare a Work Order Proposal for the project including a Work 20 Order Price Proposal, Schedule, Sketches or Drawings, a list of subcontractors, and 21 other requested documentation. The value of the Work Order Price Proposal shall be 22 calculated by summing the total of the calculation for each Pre-priced Task (Unit Price 23 x quantity x Adjustment Factor) plus the value of all Non Pre-priced Tasks. 24
25
If the Work Order Price Proposal is found to be reasonable, a Work Order may be 26 issued. The Contractor is required to complete each Detailed Scope of Work for the 27 Work Order Price within the Job Order Completion Time. 28
29
A Work Order will reference the Detailed Scope of Work and set forth the Work Order 30 Completion Time, and the Work Order Price. The Work Order Price is determined by 31 multiplying the preset Unit Prices by the appropriate quantities and by the appropriate 32 Adjustment Factor. The Work Order Price shall be a lump sum, fixed price for the 33 completion of the Detailed Scope of Work. 34
35
A separate Work Order will be issued for each project. Extra work, credits, and 36 deletions will be contained in a Supplemental Work Order. 37
38
Minimum and Maximum Contract Values: 39
A.The Minimum Contract Value for this Contract is $25,000. If a contract is40 awarded, the Contractor is guaranteed to receive the opportunity to perform41 one or more Work Orders totaling at least $25,000 issued during the Contract42 Term.43
44
B.The Maximum Contract Value is $2,000,000, with one option to increase the45 Maximum Contract Value up to the amount currently authorized by the46 California Public Contract Code during the term of the Contract. The Contractor47 is not guaranteed to receive this volume of Work Orders. It is merely an48 estimate. The Owner has no obligation to issue Work Orders in excess of the49 Minimum Contract Value. The awarded contractor will be required to obtain50 payment and performance bonds for the Maximum Contract Value.51
Contract No.: #20-J-03 Notice to Bidders JOB ORDER CONTRACTS
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20-J-05
1
Contract Term: 2
A.The Contract Term commences on the date the contract is awarded by the3 County of Fresno Board of Supervisors (i.e.: the effective date of the Contract).4
5
B.The term of the Job Order Contract will be either for one year or when issued6 Work Orders totaling the Maximum Contract Value have been completed,7 whichever occurs first. All Work Orders must be issued but not necessarily8 completed within one calendar year of the effective date of the Contract. All9 Work Orders for which a Notice to Proceed is issued by the County Contract10 Manager during the term of this Contract shall be valid and in effect11 notwithstanding that the Detailed Scope of Work may be performed, payments12 may be made, and the guarantee period may continue, after the Contract Term13 has expired. All terms and conditions of the Contract apply to each Work Order.14 No notices to proceed will be issued after 5:00, P.M. on the final day of the15 Contract Term.16
17
Planholder and exchange/publication names may be obtained from the Fresno 18
County website at http://www.co.fresno.ca.us/planholders. Bidders may fill out a 19
Request to be Added to Planholders List form: 20
21 https://www.co.fresno.ca.us/departments/public-works-planning/divisions-of-public-22 works-and-planning/design-division/planholders-list-request-to-be-added 23 24 Requesters will then be listed as a planholder for the project on the website and 25 receive email notifications regarding the project. 26 27 Electronic copies (in “.pdf” file format) of the official project plans and specifications 28 and such additional supplemental project information as may be provided at the 29 mandatory pre-bid conference. 30 31 Electronic versions of the bid documents are available online at: 32 https://www.bidexpress.com/businesses/36473/home and bids may be submitted 33 electronically through that website. Planholders listed in the Bid Express website for 34 this project will also be listed as a planholder on the Fresno County website and will 35 receive email notifications regarding this project. 36 37 If a bidder is unable to submit a bid via Bid Express, Bid books, which contain bid 38 proposal sheets necessary to submit a bid, may be obtained at the mandatory pre-bid 39 conference. Paper bids shall be submitted in a sealed, opaque envelope addressed 40 to the Department and labeled with the name of the bidder, the name of the project, 41 the contract number, and the statement 'Do Not Open Until The Time Of Bid Opening.' 42
43
Electronic copies of the Specification books are made available solely for the 44 convenience of prospective bidders on the Contract, and are not considered part of 45 the contract documents. No representation or warranty is made, either express or 46 implied, with regard to the accuracy or suitability of said electronic copies for any 47 purpose whatsoever. Utilization or viewing of said electronic copies shall constitute 48 implicit acknowledgement and acceptance of the provisions of this paragraph. 49
50
Contract No.: #20-J-03 Notice to Bidders JOB ORDER CONTRACTS
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20-J-05
A Summary of Bids for the apparent low bidder will be posted at the above listed 1
website, generally within 24 hours of the Bid Opening. 2
3
All questions regarding this contract shall be in writing and shall be received by the 4 Department of Public Works and Planning, Design Division, no later than 2:00 P.M. 5 on the seventh (7th) calendar day before bid opening. Any questions received after 6 this deadline will not receive a response unless the Department of Public Works and 7 Planning elects to issue an addendum to revise the bid opening date. In the event 8 that the bid opening date is revised, the deadline for questions will be extended to no 9 later than 2:00 P.M. on the seventh (7th) calendar day before the revised bid opening 10 date. Questions shall be submitted on the “CONTRACTOR REQUEST FOR 11 CLARIFICATION” form provided on the project website at: 12 13 http://www.co.fresno.ca.us/departments/public-works-and-planning/contractor-bids-14 plan-holders-electronic-plans-bid-results/20-02-j-20-03-j-general-15 engineering/request-for-clarification-20-j-03-20-j-04-20-j-05-general-building 16 17 Any changes to, or clarification of, the Contract documents and specifications shall be 18 in the form of a written addendum issued to planholders of record. Questions that 19 prompt a change or clarification shall be included in the addendum with the 20 subsequent answer. 21
22
Any oral explanation or interpretations given to this project are not binding. 23
24
Bidders will submit one (1) bid that will be considered for three potential Contracts 25 being offered. 26
27
Bidders will bid three (3) sets of Adjustment Factors to be applied to the Unit Prices. 28
•One set of Adjustment Factors for County/State-funded projects.29
•One set of Adjustment Factors for Federally-funded projects.30
•One set of Adjustment Factors for County/State-funded projects in a Secure31
Facility.32
33
Each set of Adjustment Factors will include one Adjustment Factor for performing work 34 during Normal Working Hours and a second Adjustment Factor for performing work 35 during Other Than Normal Working Hours. All Adjustment Factors apply to every task 36 in the Construction Task Catalog®. 37
38
The County intends to award a contract to each of the three (3) lowest responsible 39 bidders. One proposal must be submitted by each bidder wishing to bid for one of the 40 three contracts in the Class B license category. Bids will be compared, for purposes 41 of identifying the apparent low bidder for proposed award of the contract, on the basis 42 of the Award Criteria Figure. The Award Criteria Figure is the sum of the weighted 43 Adjustment Factors. 44
45
The Construction Task Catalog® is priced at a net value of 1.0000. The bid shall be 46 an increase to (e.g., 1.1000) or decrease to (e.g., 0.9500) the Unit Prices listed in the 47 Construction Task Catalog®. Bidders who submit separate Adjustment Factors for 48 separate Unit Prices will be considered non-responsive and their bid will be rejected. 49
50
Contract No.: #20-J-03 Notice to Bidders JOB ORDER CONTRACTS
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20-J-05
The Owner selected The Gordian Group’s (Gordian) Job Order Contracting (JOC) 1 System for their JOC program. The Gordian JOC System includes Gordian’s 2 proprietary eGordian® and Gordian Cloud JOC Applications and Construction Task 3 Catalog®, which shall be used by the Contractor to prepare and submit Job Order 4 Proposals, subcontractor lists, and other requirements specified by the Owner. The 5 Contractor shall be required to execute Gordian’s JOC System License and Fee 6 Agreement, and pay a 1% JOC System License Fee to obtain access to the Gordian 7 JOC Solution. 8
9
Each bid shall be submitted in a sealed envelope addressed to the Department and 10 labeled with the name of the bidder, the name of the project, the contract number, and 11 the statement 'Do Not Open Until The Time Of Bid Opening.' 12
13
Bid security in the amount $25,000, and in the form of a bid bond issued by an admitted 14 surety insurer licensed by the California Department of Insurance, cash, cashier's 15 check or certified check shall accompany the bid. Bid security shall be made in favor 16 of the County of Fresno. You must either attach an electronic bid bond or provide an 17 original bid bond (or other form of bid security authorized by Public Contract Code 18 Section 20129(a)), prior to the bid opening, in accordance with the detailed directions 19 set forth in Section 1.04 (“PREPARATION OF PROPOSALS”) of the Instructions to 20 Bidders. 21
22
No contract will be awarded to a contractor who has not been licensed in accordance 23 with the provisions of the Contractors State License Law, California Business and 24 Professions Code, Division 3, Chapter 9, as amended, or whose bid is not on the 25 proposal form included in the contract document. A valid California Contractor's 26 License, Class B, (General Building) is required for this project.27
28
No contractor or subcontractor may be listed on a bid proposal for a public works 29 project unless registered with the Department of Industrial Relations pursuant to Labor 30 Code section 1725.5 [with limited exceptions from this requirement for bid purposes 31 only under Labor Code section 1771.1(a)]. 32
33
No contractor or subcontractor may be awarded a contract for public work on a public 34 works project unless registered with the Department of Industrial Relations pursuant 35 to Labor Code section 1725.5. 36
37
The work performed under this contract is subject to compliance monitoring and 38 enforcement by the Department of Industrial Relations. 39
40
This contract is subject to state contract nondiscrimination and compliance 41 requirements pursuant to Government Code, Section 12990. 42
43
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the 44 county, or counties, in which the work is to be done have been determined by the 45 Director of the California Department of Industrial Relations. These wages are set 46 forth in the General Prevailing Wage Rates for this project, available at County of 47 Fresno, Department of Public Works and Planning, 2220 Tulare Street, Sixth Floor, 48 Fresno CA 93721-2104 and available from the California Department of Industrial 49 Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD. Future effective 50 general prevailing wage rates, which have been predetermined and are on file with 51
Contract No.: #20-J-03 Notice to Bidders JOB ORDER CONTRACTS
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20-J-05
the California Department of Industrial Relations are referenced but not printed in the 1 general prevailing wage rates. 2
3
The successful bidder shall furnish a faithful performance bond in the amount of 100 4 percent of the Maximum Contract Value, a payment bond in the amount of 100 percent 5 of the Maximum Contract Value, and One Year Warranty Bond in the amount of 10 6 percent of the Maximum Contract Value. Each bond specified in this Notice (bid bond, 7 faithful performance bond and payment bond) shall meet the requirements of all 8 applicable statutes, including but not limited to those specified in Public Contract Code 9 section 20129 and Civil Code section 9550. 10
11
Each bond specified in this Notice shall be issued by a surety company designated as 12 an admitted surety insurer in good standing with and authorized to transact business 13 in this state by the California Department of Insurance, and acceptable to the County 14 of Fresno. Bidders are cautioned that representations made by surety companies will 15 be verified with the California Department of Insurance. Additionally, the County of 16 Fresno, in its discretion, when determining the sufficiency of a proposed surety 17 company, may require the surety company to provide additional information supported 18 by documentation. The County generally requires such information and 19 documentation whenever the proposed surety company has either a Best’s Key Rating 20 Guide of less than A and a financial size designation of less than VIII. Provided, 21 however, that the County expressly reserves its right to require all information and 22 documentation to which the County is legally entitled from any proposed surety 23 company. 24
25
Pursuant to Public Contract Code Section 22300, substitution of securities for any 26 moneys withheld by the County of Fresno to ensure performance under the contract 27 shall be permitted. 28
29
The Board of Supervisors reserves the right to reject any or all bids. 30
31
Board of Supervisors, County of Fresno 32
33
Jean Rousseau, County Administrative Officer 34
35
Bernice E. Seidel, Clerk to the Board 36
37
Issue Date: August 11, 2020 38
39
END OF SECTION 40
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Contract No.: #20-J-03
20-J-04
20-J-05
Instructions to Bidders
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JOB ORDER CONTRACTS
I N S T R U C T I O N S T O B I D D E R S 1
2
1.01 EXPLANATION TO BIDDERS 3
4
An explanation desired by bidders regarding the meaning or interpretation of the bid 5
documents must be requested in writing no later than 10 days prior to the bid opening. 6
Oral explanations given before the award of the contract will not be binding. Any 7
interpretation made will be in the form of an addendum to the bid documents, said 8
addendum will only be issued by the County’s Director of Public Works and Planning 9
(“Director”). A copy of the addendum will be furnished to each registered holder of a 10
set of the bid documents and its receipt shall be acknowledged on the Bid Proposal. 11
Each addendum will also be posted on the Public Works and Planning website at 12
http://www.co.fresno.ca.us/planholders. 13
14
15
1.02 EXAMINATION OF CONSTRUCTION TASK CATALOG®, TECHNICAL 16
SPECIFICATIONS AND CONTRACTING REQUIREMENTS 17
18
The bidder is required to examine carefully the Construction Task Catalog®, Technical 19
Specifications, Contracting Requirements, and contract forms for submitting a 20
proposal. It is mutually agreed that the submission of a proposal shall be considered 21
prima facie evidence that the bidder has made such examination and is satisfied with 22
the requirements of the Construction Task Catalog®, Technical Specifications and the 23
Contracting Requirements, Division 00. 24
25
26
1.03 PROPOSAL GUARANTEE 27
28
The bidder shall furnish bid security, also referred to herein as a proposal guarantee, 29
consisting of a bid bond, cash, certified check, or cashier's check for $25,000.00 30
(“Proposal Guarantee”). 31
32
In case security is in the form of a certified check or cashier's check, the County 33
(referred to hereinafter as “Owner”) may make such disposition of same as will 34
accomplish the purpose of which submitted. Checks deposited by unsuccessful 35
bidders will be returned as soon as practicable after the bid opening. 36
37
38
1.04 PREPARATION OF PROPOSALS 39
40
The County intends to award a contract to each of the three (3) lowest responsive and 41
responsible bidders. One bid proposal is required by each bidder wishing to bid for 42
one of the contracts. 43
44
The bidder shall prepare a proposal on the blank proposal form furnished by the 45
County (Owner). The bidder shall specify Adjustment Factors in both words and 46
figures for all six (6) types of Adjustment Factors. 47
Contract No.: #20-J-03
20-J-04
20-J-05
Instructions to Bidders
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JOB ORDER CONTRACTS
1
2
Alternate or conditional bids will not be accepted. 3
4
The bidder's proposal shall be executed by the individual, by one or more partners of 5
the partnership, or by one or more of the officers of the corporation submitting it. If 6
the proposal is made by an individual, a name and post office address must be shown. 7
If made by a partnership, the name of each member of the partnership must be shown. 8
If made by a corporation, the proposal must show the name of the state under which 9
the corporation was chartered and the name of the president, vice president, secretary 10
and treasurer. 11
12
The required proposal guarantee must accompany the proposal. 13
14
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1.05 SUBCONTRACTORS 16
17
No subcontractors shall be listed with the bid. Each individual Work Order Proposal 18
under the Contract shall include the subcontractor listing. 19
20
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1.06 SUBMISSION OF PROPOSAL 22
23
A. Electronic Bid Submittal 24
25
The bidder has the option to submit the bid for this Project electronically. The 26
bidder must either attach an electronic bid bond or provide an original bid 27
bond (or other form of bid security authorized by Public Contract Code 28
Section 20129(a)), prior to the bid opening. 29
30
Bidders submitting online may use one of the accepted electronic sureties 31
(SurePath or Surety 2000) to submit their bid bond; or may submit cash, 32
cashier’s check, certified check, or a bidder bond to Design Services at 2220 33
Tulare St., Seventh Floor, Fresno, CA 93721. Those submitting bid bonds 34
directly to Design Services must submit their bid bond: 35
36
1. Under sealed cover 37
2. Marked as a bid-bond 38
3. Identifying the contract number and the bid opening date on the cover 39
40
Note: While it is strongly encouraged that you comply with the above bidding 41
requirements if at all possible, it is acknowledged that this bid opening is 42
occurring during the COVID-19 State of Emergency in Fresno County, the 43
ongoing impact of which continues to be disruptive. If, as a result of the 44
emergency, you are unable to provide the original bid security or electronic 45
bid bond prior to the bid opening (and if your bid is otherwise appropriately 46
responsive to bid requirements), then staff will request that the Board of 47
Supervisors consider exercising its discretion to waive the bidding irregularity 48
(regarding the time of delivery of the bid security) IF you: (1) attach a 49
scanned copy of the original bid security to the Bid; and (2) provide for hand-50
Contract No.: #20-J-03
20-J-04
20-J-05
Instructions to Bidders
00 21 13-3
JOB ORDER CONTRACTS
delivery of the original bid security to the County within 24 hours of the bid 1
opening. If necessary, please e-mail 2
DesignServices@fresnocountyca.gov or call (559) 600-9908, so that 3
arrangements may be made to hand deliver your bid bond. 4
5
B. Bid Submittal by Personal Delivery or by Mail 6
7
The bidder has the option to submit the bid by personal delivery or by mail. 8
All words and figures shall be written on the Proposal form in ink. In the case 9
of a discrepancy between the prices written in words and those written in 10
figures, the written words shall govern. The bidder's proposal shall be signed 11
in ink by the individual executing the bid on behalf of the bidder. 12
13
The required proposal guarantee must accompany the proposal. 14
15
Because of the above-referenced COVID-19 State of Emergency, bidders 16
submitting their bids by personal delivery may not have access to the County 17
Plaza Building; and in such case, the bidder will need to either e-mail 18
DesignServices@fresnocountyca.gov or call (559) 600-9908 sufficiently in 19
advance, so that arrangements may be made to allow County staff to come 20
downstairs to accept hand-delivery of your bid prior to the bid deadline. 21
22
Each proposal shall be submitted in a sealed envelope labeled to 23
clearly indicate the contract and contents. 24
25
When sent by mail, a sealed proposal must be addressed to the 26
Fresno County Department of Public Works and Planning, Office of the 27
Design Engineer, Seventh Floor, Fresno County Plaza Building, 2220 28
Tulare Street, Fresno, CA 93721. All proposals shall be filed prior to 29
the time and at the place specified in the NOTICE TO BIDDERS. 30
Proposals received after the time for opening of the proposals will be 31
returned to the bidder unopened. 32
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1.07 IRREGULAR PROPOSALS 35
36
Proposals shall be considered irregular and may be rejected for the following reasons: 37
38
A. The proposal forms furnished by the Owner are not used or are altered. 39
40
B. There are unauthorized additions, conditional or alternate proposals or 41
irregularities of any kind which tend to make the proposal incomplete or 42
indefinite. 43
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C. The bidder adds any provision reserving the right to accept or reject an award, 45
or to enter into a contract pursuant to an award. 46
47
D. The bid fails to contain the specified six (6) Adjustment Factors. 48
49
Contract No.: #20-J-03
20-J-04
20-J-05
Instructions to Bidders
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JOB ORDER CONTRACTS
1
1.08 DISQUALIFICATION OF BIDDERS 2
3
Any one or more of the following causes may be considered as sufficient for 4
disqualification of a bidder and rejection of that bidder’s proposal: 5
6
A. More than one proposal for the same work from an individual, partnership or 7
corporation. 8
9
B. Evidence of collusion among bidders. Participants in such collusion will receive 10
no recognition as bidders for any future work of the Owner until such participant 11
shall have been reinstated as a qualified bidder. 12
13
C. Lack of competency and adequate machinery, plant or other equipment, as 14
may be revealed by financial statement if required. 15
16
D. Unsatisfactory performance record as shown by past work for the Owner, 17
judged from the standpoint of workmanship and progress. 18
19
E. Prior commitments or obligations which in the judgment of the Owner might 20
hinder or prevent the prompt completion of the work. 21
22
F. Failure to pay, or satisfactorily settle, all bills due for labor or materials on former 23
contracts in force at the time of letting the bid. 24
25
G. Failure to comply with any qualification regulation of the Owner. 26
27
H. Failure to furnish full amount of Proposal Guarantee with bid or failure to sign 28
bid bond. 29
30
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1.09 WITHDRAWAL OR REVISION OF PROPOSALS 32
33
A bidder may, without prejudice, withdraw a proposal after it has been deposited, 34
provided the request for such withdrawal is received in writing before the time set for 35
opening proposals. The bidder may then submit a revised proposal provided it is 36
received prior to the time set for opening proposals. 37
38
39
1.10 PUBLIC OPENING OF PROPOSALS 40
41
Proposals will be opened and read publicly at the time and place indicated in the 42
Notice to Contractors. Bidders or their authorized agents are invited to be present. 43
44
45
1.11 BID PROTEST PROCEDURE / RELIEF OF BIDDER 46
47
A. BID PROTEST PROCEDURE 48
Contract No.: #20-J-03
20-J-04
20-J-05
Instructions to Bidders
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JOB ORDER CONTRACTS
1
Any bid protest must be submitted in writing and delivered by the Bidder by 2
either of the following means: (1) via e-mail to 3
DesignServices@fresnocountyca.gov; or (2) via certified mail, return receipt 4
requested to the following address: Design Division, Department of Public 5
Works and Planning, 2220 Tulare Street, Sixth Floor, Fresno, CA 93721. 6
7
The bid protest must be received no later than 5:00 p.m. of the seventh (7th) 8
calendar day following the deadline for submittal of the specific bid 9
document(s) placed at issue by the protest. Any Bidder filing a protest is 10
encouraged to submit the bid protest via e-mail, because the deadline is 11
based on the Department’s receipt of the bid protest. A bid protest 12
accordingly may be rejected as untimely if it is not received by the deadline, 13
regardless of the date on which it was postmarked. The Bidder’s compliance 14
with the following additional procedures also is mandatory: 15
16
The initial protest document shall contain a complete statement of the 17
grounds for the protest, including a detailed statement of the factual basis 18
and any supporting legal authority. 19
20
The protest shall identify and address the specific portion of the document(s) 21
forming the basis for the protest. 22
23
The protest shall include the name, address and telephone number of the 24
person representing the protesting party. 25
26
The Department will provide a copy of the initial protest document and any 27
attached documentation to all other Bidders or proposers who appear to have 28
a reasonable prospect of receiving an award depending upon the outcome of 29
the protest. 30
31
The Board of Supervisors will issue a decision on the protest. If the Board of 32
Supervisors determines that a protest is frivolous, the party originating the 33
protest may be determined to be irresponsible and that party may be 34
determined to be ineligible for future contract awards. 35
36
The procedure and time limits set forth herein are mandatory and are the 37
Bidder's sole and exclusive remedy in the event of a bid protest. Failure by 38
the Bidder to comply with these procedures shall constitute a waiver of any 39
right to further pursue the bid protest, including the subsequent filing of a 40
Government Code Claim or legal proceedings. 41
42
B. RELIEF OF BIDDER 43
44
A bidder who claims a mistake in his bid must follow the procedures in Public 45
Contract Code Section 5100 et seq in seeking relief of their bid. 46
47
48
1.12 AWARD OF CONTRACT 49
50
The award of the contracts, if one or all are awarded, will be to the lowest responsible 51
Contract No.: #20-J-03
20-J-04
20-J-05
Instructions to Bidders
00 21 13-6
JOB ORDER CONTRACTS
bidders whose proposals comply with all the prescribed requirements. A successful 1
bidder will be awarded only one (1) contract from this Bid Solicitation. The awards if 2
made, will be within 54 calendar days after the opening of proposals. If the Owner 3
finds that it will be unable to award the contract within 54 calendar days after the 4
opening of proposals, the Director may request any or all bidders to extend all terms 5
of their proposal(s) to a specified date. Additional such extensions may possibly be 6
requested. If a bidder does not elect to extend the terms of his or her proposal beyond 7
the 54 calendar days following opening of proposals, or does not respond within 10 8
days to a request for an extension, that bidder's proposal will be deemed as having 9
expired 54 calendar days following opening of the proposals, and that bidder's 10
proposal will not be considered for award of the contract. 11
12
Successful bidders will be notified in writing, by letter mailed to the address shown on 13
the proposal, that his/her bid has been accepted and that he or she has been awarded 14
the contract. 15
16
The right is reserved to reject any or all proposals, to waive technicalities, to advertise 17
for new proposals, or to proceed to do this work otherwise, if in the judgment of the 18
awarding authorities the best interests of the Owner will be promoted thereby. 19
20
21
1.13 CANCELLATION OF AWARD 22
23
The awarding authority reserves the right to cancel the award of any contract at any 24
time before the execution of said contract by all parties without any liability against the 25
Owner. 26
27
28
1.14 CONTRACT BONDS 29
30
The bidder to whom the award is made shall, within ten days, enter into a written 31
contract with the Owner. The bidder shall forfeit the proposal guarantee in case he or 32
she does not follow through with the contract within ten days after the contract is 33
awarded. 34
35
The successful bidder shall furnish a faithful performance bond in the amount of 100 36
percent of the Maximum Contract Value and a payment bond in the amount of 100 37
percent of the Maximum Contract Value and a one year Warranty Bond in the amount 38
of 10 percent (10%) of the Maximum Contract Value. Said bonds shall be submitted 39
in triplicate. 40
41
The payment bond shall contain provisions such that if the Contractor or his/her 42
subcontractors shall fail to pay (a) amounts due under the Unemployment Insurance 43
Code with respect to work performed under the contract, or (b) any amounts required 44
to be deducted, withheld and paid over to the Employment Development Department 45
and to the Franchise Tax Board from the wages of the employees of the Contractor 46
and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code 47
Contract No.: #20-J-03
20-J-04
20-J-05
Instructions to Bidders
00 21 13-7
JOB ORDER CONTRACTS
with respect to such work and labor, then the surety will pay these amounts. In case 1
suit is brought upon the payment bond, the surety will pay a reasonable attorney's fee 2
to be fixed by the court. 3
4
The contract form is attached hereto for the Contractor's information only. Execution 5
of the contract by bidders will not be required until after the bid award is made. Liability 6
and Workers Compensation Insurance requirements shall be as set forth in the 7
Agreement. 8
9
10
1.15 BUILDERS RISK INSURANCE 11
12
The Contractor shall not be required to obtain Builder’s Risk insurance for the overall 13
contract. Builder’s Risk insurance may be required on an individual Work Order. This 14
requirement will be identified in the Detailed Scope of Work and the cost will be 15
handled with a reimbursable line item in the Work Order Price Proposal. 16
17
18
1.16 POST-BID / PRE-AWARD INFORMATION AND REQUIREMENTS 19
20
A. Within eight calendar days after bid opening, the apparent low bidder shall 21
submit the following information to the Owner: any qualification statement, list 22
of projects, or other material required by specification documents for the 23
purpose of evaluating the competency and qualifications of the apparent low 24
bidder. Such qualification statements may be in addition to statements 25
required to be submitted with the proposal. Such qualification statements 26
shall be supplemented with additional material, if required by the Owner. 27
28
Upon completion of the bid evaluation process, qualification information 29
submitted by other than the apparent low bidder will be returned upon request. 30
31
B. The Owner selected The Gordian Group’s (Gordian) Job Order Contracting 32
(JOC) System for their JOC program. The Gordian JOC System includes 33
Gordian’s proprietary eGordian® and Gordian Cloud JOC Applications and 34
Construction Task Catalog®, which shall be used by the Contractor to prepare 35
and submit Job Order Proposals, subcontractor lists, and other requirements 36
specified by the Owner. The Contractor shall be required to execute 37
Gordian’s JOC System License and Fee Agreement, and pay a 1% JOC 38
System License Fee to obtain access to the Gordian JOC Solution. 39
40
41
END OF SECTION 42
43
44
Contract No.: #20-J-03
20-J-04
20-J-05
Bidder’s Checklist
00 22 13-1
JOB ORDER CONTRACTS
BIDDERS’ CHECKLIST (CAPITAL IMPROVEMENT CONTRACTS) 1
2
Because of numerous technical irregularities resulting in rejected proposals for 3
projects, the following checklist is offered for the bidders’ information and use in 4
preparing the proposal. This checklist is not to be considered as part of the 5
contract documents. Bidders are cautioned that deleting or not submitting a form 6
supplied in the bid documents (even if the form does not require signature) may 7
result in an irregular bid. 8
9
P-2, PROPOSAL SHEET (Section 00 42 13)10
11
Bidder name on each sheet. Adjustment Factor for each type listed. Make no 12
additions such as “plus tax”, “plus freight”, or conditions such as “less 2% if paid 13
by 15th”. Use ink or typewriter. Acknowledge addenda. 14
15
P-3, SUBCONTRACTOR LIST16
17
Not Applicable for Job Order Contract bids. Subcontractor Listings shall be 18
required as part of a Work Order Proposal for each individual Work Order. 19
20
P-4.1, BID SECURITY FORM - Read the Notices and Notes (Section 00 43 13)21
22
Indicate type of bid security provided. 23
Provide contract license information. 24
25
State business name and if business is a: 26
Corporation - list officers 27
Partnership - list partners 28
Joint Venture - list members 29
If Joint Venture members are corporations or partnerships, list their 30
officers or partners. 31
Individual - list Owner’s name and firm name style 32
33
Signature of Bidder –BID MUST BE SIGNED!34
Corporation - by an officer 35
Partnership - by a partner 36
Joint Venture - by a member 37
Individual - by the Owner 38
If signature is by a Branch Manager, Estimator, Agent, etc., the bid must be 39
accompanied by a power of attorney authorizing the individual to sign bids, 40
otherwise the bid may be rejected. 41
42
Business Address - Firm’s Street Address 43
44
Mailing Address - P.O. Box or Street Address 45
Contract No.: #20-J-03
20-J-04
20-J-05
Bidder’s Checklist
00 22 13-2
JOB ORDER CONTRACTS
BID SECURITY (PROPOSAL GUARANTEE) 1
2
$25,000.00 3
4
Type of Bid Security: 5
6
Cash - Not recommended; cash is deposited in a clearing account and is 7
returned to bidders by County warrant. This process may take several 8
weeks. 9
10
Cashier’s or Certified Checks - Will be held until the bid is no longer under 11
consideration. If submitted by a potential awardee, they will be returned 12
when the contract bonds are submitted and approved. 13
14
Bid Bonds - Must be signed by the bidder and by the attorney-in-fact for 15
the bonding company. Signature of attorney-in-fact should be notarized 16
and the bond should be accompanied by bonding company’s affidavit 17
authorizing attorney-in-fact to execute bonds. An unsigned bid bond will 18
be cause for rejection. Electronic Bid bonds may be submitted with bid 19
submitted through Bid Express. 20
21
P-4.2, NON COLLUSION DECLARATION (Section 00 45 19)22
23
Must be completed, signed, and returned with bid. 24
25
26
OTHER 27
28
If the bid forms have been removed from the specifications booklet, staple the 29
pages together. 30
Make sure the bid envelope is sealed and shows the contract name, bid package 31
and contract number. 32
33
If the bid is mailed, allow sufficient time for postal delivery prior to the bid closing 34
time. Bids received after the scheduled time will be returned unopened. Be sure 35
the statement “DO NOT OPEN UNTIL TIME OF BID OPENING”, is on the 36
envelope. 37
38
39
END OF SECTION 40
41
42
43
44
45
General Info
Total:
$0.9703
Number
20-J-03, 20-J-04 & 20-J-05
General Building Job Order
Contract
Deadline
09/03/2020 09:00 PM UTC
Vendor
Exbon Development Inc.
Submitted
09/03/2020 05:07 PM UTC
Signed by
Jae K. Jung Account Holder
Jae K. Jung
Opened
09/03/2020 09:27 PM UTC
By
jgeddert@fresnocountyca.gov
Description
A Job Order Contract is an indefinite quantity contract pursuant to which the Contractor will
perform an ongoing series of individual projects at different locations throughout the County of
Fresno. The bid documents include a Construction Task Catalog® containing construction
tasks with preset Unit Prices. All Unit Prices are based on local labor prevailing wages,
material and equipment prices and are for the direct cost of construction.
A MANDATORY pre-bid conference will be held at 10:00 A.M. on Friday, August 21, 2020 for
the purpose of discussing the Job Order Contract concept, documents, bid considerations and
to discuss Job Order Contracting from a contractor's viewpoint. Contractors that do not sign in
and attend the pre-bid conference will be ineligible, and any bid submitted by such a
contractor will be determined non-responsive. The MANDATORY pre-bid conference will be
conducted virtually, and the link to the meeting will be posted at http://www.co.fresno.ca.us/
planholders
Allows zero unit prices and labor
No
Allows negative unit prices and labor
No
Attachment List
Project Website
Project website
Request for Clarification
Request for Clarification 20-J-03 20-J-04 20-J-05 General
Building
Specifications
Specifications
PROPOSAL TO THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO - 00 42 13
Contract:General Building Job Order Contract
Page 1 of 8 09/03/2020
Contract No.:#20-J-03
20-J-04
20-J-05
Various Funding Orgs.
If this proposal shall be accepted and the undersigned shall fail to contract, as aforesaid, and to give the two bonds in the sums to
be determined as aforesaid, with surety satisfactory to the Awarding Authority, within ten (10) days after the award of the contract,
the Awarding Authority, at its option, may determine that the bidder has abandoned the contract, and thereupon this proposal and the
acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same
shall be the property of the Owner.
The undersigned, as bidder, declares that all addenda issued with respect to this bid have been received and incorporated into this
Proposal. The bidder’s signature on this Proposal also constitutes acknowledgement of all addenda.
The undersigned, as bidder, declares that the only persons, or parties interested in this proposal as principals are those named
herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the
Construction Task Catalog
®, Technical Specifications and Contracting Requirements and he proposes and agrees if this proposal 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.
The Contractor shall perform all Work required called for in the Detailed Scope of Work of each individual Work Order issued under
this Contract using the Construction Task Catalog
®and Technical Specifications incorporated herein. Contractor shall perform any or
all functions called for in the Contract Documents as specified in individual Work Orders against this Contract for the Unit Prices
specified in the Construction Task Catalog
®(CTC) and Non Pre-priced work multiplied by the following Adjustment Factors.
The Bidder shall set forth Adjustment Factors in the respective space provided hereinafter.See example below.Failure to submit
Adjustment Factors for all categories will result in the Proposal being deemed nonresponsive.The Other Than Normal Working
Hours Adjustment Factors SHALL be EQUAL to or GREATER THAN the corresponding Normal Working Hours Adjustment
Factors.
Specify Adjustment Factors to four (4) decimal places.
The Contractor shall perform the Tasks required by each individual Job Order using the following Adjustment Factors.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.
Page 2 of 8 09/03/2020
This form may present the factors as a currency value. All currency values or associated errors will be corrected to the appropriate
adjustment factor or weighted award criteria factor by the Owner, prior to award and execution of the final contract(s).The
Owner reserves the right to revise the presentation of the Adjustment Factors and Award Criteria Figure for correctness.
Award Criteria Figure Calculation
The weighted Award Criteria Factor (Total) will 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).
The weighted multipliers are for the purpose of calculating an Award Criteria Figure only. No assurances are made by the County
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 lowest Bidder.
The Total below is the automatically calculated Award Criteria Figure.
Example - 00 42 13
Number Item Description Adjustment Factor
1 Example $1.2102
Schedule of Adjustment Factors and Award Criteria Figure - 00 42 13
$0.9703
Number Item Description
Weighted
Mulitplier
Adjustment
Factor Extension
1 County/State-funded Projects – Normal Working Hours (7:00am to
5:00pm Monday through Friday)
0.50 $1.0000 $0.5000
2
County/State-funded Projects – Other Than Normal Working Hours
(5:00pm to 7:00am Monday through Friday, and all day Saturday,
Sunday, and Holidays)
0.15 $1.0001 $0.1500
Total: $0.9703
Page 3 of 8 09/03/2020
Number Item Description
Weighted
Mulitplier
Adjustment
Factor Extension
3 Federally-funded Projects – Normal Working Hours (7:00am to
5:00pm Monday through Friday)
0.05 $0.7000 $0.0350
4
Federally-funded Projects – Other Than Normal Working Hours
(5:00pm to 7:00am Monday through Friday, and all day Saturday,
Sunday, and Holidays)
0.05 $0.7001 $0.0350
5 County/State-funded Projects in Secure Facilities – Normal Working
Hours (7:00am to 5:00pm Monday through Friday)
0.15 $1.0010 $0.1502
6 County/State-funded Projects in Secure Facilities – Normal Working
Hours (7:00am to 5:00pm Monday through Friday)
0.10 $1.0011 $0.1001
Total: $0.9703
Addendum Acknowledgement - 00 42 13
Bidders must acknowledge all addenda. The Bidder acknowledges receipt of the following ADDENDA:
(Enter the number the Designer has assigned to each of the addenda that the Bidder is acknowledging)
Type N/A if no addenda were issued. Click "+" to add additional fields.
Addendum No. *
N/A
Dated *
N/A
Bid Security - 00 42 13
Bid Security Amount
$25,000.00
Guarantee Method *
Cash, Cashier's Check, Certified Check, Paper Bid Bond
Page 4 of 8 09/03/2020
Cash, Cashier's Check, Certified Check, Paper Bid Bond
Confirmation *
I have provided a Paper Bid Bond for the Bid Security Amount above prior to the solicitation deadline.
You must either attach an electronic bid bond here or provide an original bid bond (or other form of bid security authorized by Public
Contract Code Section 20129(a)), prior to the bid opening.
Note: While it is strongly encouraged that you comply with the above bidding requirement if at all possible, it is acknowledged that
this bid opening is occurring during the COVID-19 State of Emergency in Fresno County, the impact of which is immense. If, as a
result of the emergency, you are unable to provide the original bid security or electronic bid bond prior to the bid opening (and if your
bid is otherwise appropriately responsive to bid requirements), then staff will request that the Board of
Supervisors consider exercising its discretion to waive the bidding irregularity (regarding the time of delivery of the bid
security) IF you: (1) attach a scanned copy of the original bid security to the Bid; and (2) provide for hand-delivery of the original bid
security to the County within 24 hours of the bid opening.
Bidder Signature - 00 42 13
Business Name *
Exbon Development Inc.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the
president, secretary, treasurer and manager thereof; if a copartnership, 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.
Type of Business *
Corporation - list Officers
List additional type of business information below. *
President, Secretary and Treasurer - Jae K. Jung
Vice President/Chief Officers - Don Seo, Hee Yang
Licensed in accordance with an act providing for the registration of Contractors,
Page 5 of 8 09/03/2020
Class *
A B C10 C20 C33 C39 C43
Contractor License Number *
863384
Expires *
8/31/2021
DIR Registration Number *
1000007770
Signature of Bidder *
Hee B. Yang
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 *
13831 Newhope St., Garden Grove, CA 92843
Mailing Address
Same as Above
Business Phone *
(714) 539-2222
Fax Number
(714) 539-2223
Email Address *
bid@exbon.com
Noncollusion Declaration - 00 45 19
Page 6 of 8 09/03/2020
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID*
The undersigned declares:
I am the (Choose one of the following options): *
Corporate Officer
If Corporate Officer please list Title:
Vice President
of (Business Name): *
Exbon Development Inc.
the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other
bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent
thereof, and has not paid, and will not pay, any person or entity for that purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company,
limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this
declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this
declaration is executed on _________, 2020,
Date: *
9/3/2020
at City, State: *
GARDEN GROVE, CA
Signature: *
Hee B. Yang
Page 7 of 8 09/03/2020
(See Title 23 United States Code Section 112; Calif Public Contract Code Section 7106)
*NOTE: Completing, signing, and returning the Non-Collusion Declaration is a required part of the Proposal. Bidders are cautioned
that making a false certification may subject the certifier to criminal prosecution.
Additional Documents (Use if needed)
Name Omission Terms
Submitted
File
Optional: Vendor is not required to complete.
Not Required
Extra Space if needed
Extra Space is not needed
County of
Fresno JOC
Class B - Bid
Proposal.pdf
Not Required
Extra Space if needed
Extra Space is not needed
I am not
enclosing this
document
because the
omission terms
have been
met.
Not Required
Extra Space if needed
Extra Space is not needed
I am not
enclosing this
document
because the
omission terms
have been
met.
3 Required Documents
Page 8 of 8 09/03/2020
Contract No. #20-J-03
20-J-04
20-J-05
Proposal
00 42 13-3
JOB ORDER CONTRACTS
BIDDER: ___________________________________________________________ 1
2
Schedule of Adjustment Factors 3
4
In case of a discrepancy between words and figures the words shall prevail. Use clearly 5
legible words and figures 6
7
8
1. County/State-funded Projects – Normal Working Hours (7:00am to 5:00pm9
Monday through Friday) 10
11
_____________________________________ 12
(Written in words) (Specify to four (4) decimal places) 13
14
2. County/State-funded Projects – Other Than Normal Working Hours (5:00pm to15
7:00am Monday through Friday, and all day 16
Saturday, Sunday, and Holidays) 17
18
_____________________________________ 19
(Written in words) (Specify to four (4) decimal places) 20
21
3. Federally-funded Projects – Normal Working Hours (7:00am to 5:00pm Monday22
through Friday) 23
24
25
_____________________________________ 26
(Written in words) (Specify to four (4) decimal places) 27
28
4. Federally-funded Projects – Other Than Normal Working Hours (5:00pm to29
7:00am Monday through Friday, and all day 30
Saturday, Sunday, and Holidays) 31
32
_____________________________________ 33
(Written in words) (Specify to four (4) decimal places) 34
35
5. County/State-funded Projects in Secure Facilities – Normal Working Hours36
(7:00am to 5:00pm Monday through Friday) 37
38
39
_____________________________________ 40
(Written in words) (Specify to four (4) decimal places) 41
42
6. County/State-funded Projects in Secure Facilities – Other Than Normal43
Working Hours (5:00pm to 7:00am Monday through Friday, and all day 44
Saturday, Sunday, and Holidays) 45
46
_____________________________________ 47
(Written in words) (Specify to four (4) decimal places) 48
49
50
51
.
.
.
.
.
.
Contract No. #20-J-03
20-J-04
20-J-05
Proposal
00 42 13-4
JOB ORDER CONTRACTS
BIDDER: ___________________________________________________________ 1
2
3
Acknowledgement of Addendum:
Addendum No._________ Dated ________ Addendum No._________ Dated ________
Addendum No._________ Dated ________ Addendum No._________ Dated ________
4
5
6
Award Criteria Figure 7
8
Transfer the number on Line 13 from the Award Criteria Figure Calculation below 9
to the space provided below constituting the Bidder’s Award Criteria Figure. 10
Transfer the number and write the words. 11
12
13
14
_________________________________ 15
(Written in clearly legible words) (Specify to four (4) decimal places in legible figures) 16
17
18
19
20
.
Contract No. #20-J-03
20-J-04
20-J-05
Proposal
00 42 13-5
JOB ORDER CONTRACTS
Award Criteria Figure Calculation 1
2
The weighted multipliers in lines 2, 4, 6, 8, 10, and 12 below are for the purpose of 3
calculating an Award Criteria Figure only. No assurances are made by the Owner 4
that Work will be ordered under the Contract in a distribution consistent with the 5
weighted percentages. The Award Criteria Figure is only used for the purpose of 6
determining the lowest Bidder. 7
8
The Owner Reserves The Right To Revise All Arithmetic Errors In the 9
Calculation of the Award Criteria Figure For Correctness. 10
11
Instructions To Bidder: Specify lines 1 through 13 to four (4) decimal places. Use 12
conventional rounding methodology (i.e., if the number in the 5th decimal place is 13
0-4, the number in the 4th decimal remains unchanged; if the number in the 5th14
decimal place is 5-9, the number in the 4th decimal is rounded upward). 15
16
Line 1. County/State-funded Projects – Normal
Working Hours
1.
Line 2. Multiply Line 1 by 50% 2.
Line 3. County/State-funded Projects – Other
Than Normal Working Hours
3.
Line 4. Multiply Line 3 by 15% 4.
Line 5. Federally-funded Projects – Normal
Working Hours
5.
Line 6. Multiply Line 5 by 5% 6.
Line 7. Federally-funded Projects – Other Than
Normal Working Hours
7.
Line 8. Multiply Line 7 by 5% 8.
Line 9. County/State-funded Projects in Secure
Facilities –Normal Working Hours
9.
Line 10. Multiply Line 9 by 15% 10.
Line 11.County/State-funded Projects in Secure
Facilities – Other Than Normal Working
Hours
11.
Line 12. Multiply Line 11 by 10% 12.
Line 13. Add Lines 2, 4, 6, 8, 10 and 12. This is the Award Criteria
Figure:
17
18
END OF PROPOSAL FORM 19
20
END OF SECTION 21
Contract No.: #20-J-03
20-J-04
20-J-05
Non-Collusion Declaration
00 45 19-2
JOB ORDER CONTRACTS
*NOTE: Completing, signing, and returning the Non-Collusion Declaration is a 1
required part of the Proposal. Bidders are cautioned that making a false 2
certification may subject the certifier to criminal prosecution. 3
4
END OF SECTION 5
Contract No.: #20-J-03
20-J-04
20-J-05
Agreement
00 52 13-1
JOB ORDER CONTRACTS
A G R E E M E N T 1
2
3
THIS AGREEMENT made at Fresno, in Fresno County, California, by and 4
between Exbon Development Inc., hereinafter “Contractor”, and the County of Fresno, 5
hereinafter “Owner”. 6
7
WHEREAS: This Agreement, together with other Contract Documents (as 8
defined hereinbelow), shall establish an indefinite quantity Job Order Contract pursuant to 9
which Contractor shall perform an ongoing series of individual projects at different 10
locations throughout the County of Fresno. The construction work and services performed 11
by Contractor under this Agreement shall be carried out pursuant to individual Work 12
Orders. All capitalized terms not defined in this Agreement shall have the meanings set 13
forth in the General Conditions referenced hereinbelow and incorporated herein by 14
reference. 15
16
WITNESSETH, the Contractor and the Owner, for the consideration hereinafter 17
named, agree as follows: 18
19
20
ARTICLE I. The Contractor agrees to furnish all labor, equipment and materials, including 21
tools, implements, and appliances required, and to perform all the work in a good and 22
workmanlike manner, free from any and all liens and claims of mechanics, materialmen, 23
subcontractors, artisans, machinists, teamsters, and laborers required for Job Order 24
Contract No. 20-J-03, also referred to herein as the “Contract”. 25
20-J-04 26
20-J-05 27
All goods and services provided shall be in strict compliance with the Construction Task 28
Catalog®, Technical Specifications and Contracting Requirements therefore prepared by 29
the Director of the Fresno County Department of Public Works and Planning and his 30
authorized representatives, hereinafter “Project Manager”, and other contract documents 31
relating thereto. 32
33
34
ARTICLE II. The Contractor and the Owner agree that the Advertisement (Notice to 35
Bidders), the Wage Scale, the Proposal hereto attached, the Instructions to Bidders, the 36
General Conditions of the contract, the Technical Specifications, the Construction Task 37
Catalog® and the Addenda and Bulletins thereto, the Contract Bonds and Certificates of 38
Liability and Workers Compensation Insurance, and the Work Orders, together with this 39
Agreement, form the Contract Documents, and they are as fully a part of the contract as if 40
hereto attached or herein repeated. But no part of said specifications that is in conflict with 41
any portion of this Agreement, or that is not actually descriptive of the work to be done 42
thereunder, or of the manner in which the said work is to be executed, shall be considered 43
as any part of this Agreement, but shall be utterly null and void, and anything that is 44
expressly stated, delineated or shown in or upon the specifications or Detailed Scope of 45
Work shall govern and be followed, notwithstanding anything to the contrary in any other 46
source of information or authority to which reference may be made. 47
48
49
ARTICLE III. The Contractor agrees that the work under the contract shall be completed 50
as determined by the Owner as set forth in the individual Work Orders. Time of 51
performance shall be deemed as of the essence hereof and it is agreed that actual 52
damages to the Owner from any delay in completion beyond the date provided for herein, 53
Contract No.: #20-J-03
20-J-04
20-J-05
Agreement
00 52 13-2
JOB ORDER CONTRACTS
or any extension thereof until the work is completed or accepted, shall be all provable 1
damages plus liquidated damages as identified in the individual Work Orders ranging 2
from Two Hundred Fifty and 00/100 DOLLARS ($250.00) to Five Thousand and 3
00/100 DOLLARS ($5000.00) per day; that said liquidated damage was arrived at by a 4
studied estimate of loss to the Owner in the event of a delay considering the following 5
damage items which are extremely difficult or impossible to determine: Additional 6
construction expense resulting from delay of completion including, but not limited to, 7
engineering, inspection, rental and utilities; provided, however, the Owner may 8
conditionally accept the work and occupy and use the same if there has been such a 9
degree of completion as shall in its opinion render the same safe, fit and convenient for 10
the use for which it is intended and in such cases the Contractor and Surety shall not be 11
charged for liquidated damages for any period subsequent to such conditional 12
acceptance and occupation by the Owner but Owner may assess actual damages 13
caused by failure of total completion during such period. The time during which the 14
Contractor is delayed in said work by the acts or neglects of the Owner or its employees 15
or those under it by contract or otherwise, or by the acts of God which the Contractor 16
could not have reasonably foreseen and provided for, or by storms and inclement 17
weather which delays the work, or by any strikes, boycotts, or like obstructive action by 18
employee or labor organizations, or by any general lockouts or other defensive action 19
by employers, whether general, or by organizations of employers, shall be added to the 20
time for completion as aforesaid. 21
22
23
ARTICLE IV. COMPENSATION: The Owner agrees to make payments on account 24
thereof as provided in the General Conditions. 25
26
The Contract is an indefinite-quantity contract for construction work and services. The 27
Minimum Contract Value of Work Orders that the Contractor is guaranteed the 28
opportunity to perform under this Contract is $25,000. The Maximum Contract Value is 29
$2,000,000. At the discretion of the Owner and if deemed to be in the public interest, the 30
Maximum Contract Value of this Contract may be increased to the limit allowable by 31
Public Contract Code during the Term of the Agreement. 32
33
The Contractor shall perform all work required, necessary, proper for or incidental to 34
completing the Detailed Scope of Work called for in each individual Work Order issued 35
pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog ® 36
and the following Adjustment Factors: 37
38
1. County / State-funded Projects – Normal Working Hours (7:00am to 5:00pm Monday 39
through Friday) 40
41
42
2. County / State-funded Projects – Other Than Normal Working Hours (5:00pm to 43
7:00am Monday through Friday, and all day Saturday, Sunday, and Holidays) 44
45
46
3. Federally-funded Projects – Normal Working Hours (7:00am to 5:00pm Monday 47
through Friday) 48
49
50
4. Federally-funded Projects – Other Than Normal Working Hours (5:00pm to 7:00am 51
Monday through Friday, and all day Saturday, Sunday, and Holidays) 52
53
Contract No.: #20-J-03
20-J-04
20-J-05
Agreement
00 52 13-3
JOB ORDER CONTRACTS
1
5. County / State-funded Projects in Secure Facilities – Normal Working Hours (7:00am 2
to 5:00pm Monday through Friday) 3
4
5
6. County / State-funded Projects in Secure Facilities – Other Than Normal Working 6
Hours (5:00pm to 7:00am Monday through Friday, and all day Saturday, Sunday, 7
and Holidays) 8
9
10
ARTICLE V. TERM: The Term of the Job Order Contract shall be for one (1) year, or 11
when issued Work Orders totaling the Maximum Contract Value have been completed, 12
whichever occurs first. All Work Orders shall be issued, but not necessarily completed 13
within one calendar year after the commencement date of this Agreement. 14
15
All Work Orders for which a Notice to Proceed is issued by the County Contract Manager 16
during the term of this Contract shall be valid and in effect notwithstanding that the 17
Detailed Scope of Work may be performed, payments may be made, and the guarantee 18
period may continue, after the Contract Term has expired. All terms and conditions of 19
the Contract apply to each Work Order. No notices to proceed will be issued after 5:00, 20
P.M. on the final day of the Contract Term. 21
22
23
ARTICLE VI. The Contractor and the Owner agree that changes in this Agreement shall 24
become effective only when written in the form of an amendment approved and signed 25
by the Owner and the Contractor. 26
27
The Contractor and the Owner agree that the Owner shall have the right to request any 28
alterations, deviations, reductions or additions to the Detailed Scope of Work of the 29
individual Work Orders or specifications or any of them, and the amount of the cost 30
thereof shall be handled by issuance of a Supplemental Work Order. 31
32
This contract shall be deemed completed when the work of all individual Work Orders is 33
finished in accordance with all Contract Documents as amended by such changes. No 34
such change or modification shall release or exonerate any surety upon any guaranty or 35
bond given in connection with this contract. 36
37
38
ARTICLE VII. In the event of a dispute between the Owner or Project Manager and the 39
Contractor as to an interpretation of any of the specifications or as to the quality of 40
sufficiency of material or workmanship, the decision of the Project Manager shall for the 41
time being prevail and the Contractor, without delaying the job, shall proceed as directed 42
by the Project Manager without prejudice to a final determination by negotiation, 43
arbitration by mutual consent or litigation and should the Contractor be finally determined 44
to be either wholly or partially correct, the Owner shall reimburse him for any added costs 45
he may have incurred by reason of work done or material supplied beyond the terms of 46
the contract as a result of complying with the Project Manager's directions as aforesaid. 47
In the event the Contractor shall neglect to prosecute the work properly or fail to perform 48
any provisions of this contract, the Owner, after three days' written notice to the 49
Contractor, may, without prejudice to any other remedy it may have, make good such 50
deficiencies and may deduct the cost thereof from the payment then or thereafter due to 51
the Contractor, subject to final settlement between the parties as in this paragraph 52
hereinabove provided. 53
Contract No.: #20-J-03
20-J-04
20-J-05
Agreement
00 52 13-4
JOB ORDER CONTRACTS
1
2
ARTICLE VIII. TERMINATION: If the Contractor should be adjudged a bankrupt, or if 3
he should make a general assignment for the benefit of his creditors, or if a receiver 4
should be appointed on account of his insolvency, or if he or any of his subcontractors 5
should persistently violate any of the provisions of the contract, or if he should 6
persistently or repeatedly refuse or should fail, except in cases for which extension of 7
time is provided, to supply enough properly skilled workmen or proper material, or if he 8
should fail to make prompt payment to subcontractors or for material or labor or 9
persistently disregard laws, ordinances or the instructions of the Project Manager, then 10
the Owner may, upon the certificate of the Project Manager, when sufficient cause exists 11
to justify such action, serve written notice upon the Contractor and his surety of its 12
intention to terminate the contract, such notice to contain the reasons for such intention 13
to terminate the contract, and unless within five (5) days after the serving of such notice, 14
such violations shall cease and satisfactory arrangements for correction thereof be 15
made, the contract shall, upon the expiration of said five days, cease and terminate. 16
17
In the event of any such termination, the Owner shall immediately serve written notice 18
thereof upon the surety and the Contractor, and the surety shall have the right to take 19
over and perform the contract, provided, however, that if the surety within ten (10) days 20
after the serving upon it of notice of termination does not give the Owner written notice 21
of its intention to take over and perform the contract or does not commence performance 22
thereof within the ten (10) days stated above from the date of the serving of such notice, 23
the Owner may take over the work and prosecute the same to completion by contract or 24
by any other method it may deem advisable for the account and at the expense of the 25
Contractor, and the Contractor and his surety shall be liable to the Owner for any excess 26
cost occasioned the Owner thereby, and in such event the Owner may without liability 27
for so doing, take possession of and utilize in completing the work, such materials, 28
appliances, plant and other property belonging to the Contractor as may be on the site 29
or the work and necessary therefore. In such case, the Contractor shall not be entitled 30
to receive any further payment until the work is finished. 31
32
If the unpaid balance of the contract price shall exceed the expense of finishing the work, 33
including compensation for additional managerial and administrative services, such 34
excess shall be paid to the Contractor. If such expense shall exceed such unpaid 35
balance, the Contractor shall pay the difference to the Owner. The expense incurred by 36
the Owner as herein provided, and damage incurred through the Contractor's default, 37
shall be certified by the Project Manager. 38
39
40
ARTICLE IX. The Contractor and his subcontractors shall comply with Sections 1770 – 41
1780 of the California Labor Code and the provisions of Sections 2.52 and 2.55 of the 42
General Conditions concerning the payment of wages to all workers and mechanics, 43
and the employment and payment of apprentices by the Contractor or any subcontractor 44
for all work performed under this Agreement. 45
46
47
ARTICLE X. The Contractor and his subcontractors shall comply with Sections 1810 to 48
1815 of the California Labor Code and the provisions of Section 2.51 of the General 49
Conditions, concerning hours of work and payment of overtime compensation for all 50
work performed under this Agreement. 51
52
53
Contract No.: #20-J-03
20-J-04
20-J-05
Agreement
00 52 13-5
JOB ORDER CONTRACTS
ARTICLE XI. INDEMNIFICATION: To the fullest extent permitted by law, Contractor 1
agrees to and shall indemnify, save, hold harmless and at County’s request, defend 2
County and its officers, agents and employees, and the Project Manager and their 3
respective officers, agents and employees, from any and all costs and expenses, 4
attorney fees and court costs, damages, liabilities, claims and losses occurring or 5
resulting to County, or the Project Manager in connection with the performance, or failure 6
to perform, by Contractor, its officers, agents or employees under this Agreement, and 7
from any and all costs and expenses, attorney fees and court costs, damages, liabilities, 8
claims and losses occurring or resulting to any person, firm or corporation who may be 9
injured or damaged by the performance, or failure to perform, of Contractor, its officers, 10
agents or employees under this Agreement. In addition, Contractor agrees to indemnify 11
County for Federal, State of California and/or local audit exceptions resulting from non-12
compliance herein on the part of Contractor. 13
14
In any and all claims against the County, the Project Manager, or any of their respective 15
officers, agents or employees, initiated by any employee of the Contractor, any 16
Subcontractor, anyone directly or indirectly employed by any of them or anyone for 17
whose acts any of them may be liable, the indemnification obligation set forth in the 18
immediately preceding paragraph shall not be limited in any way by any limitation on the 19
amount or type of damages, compensation or benefits payable by or for the Contractor 20
or any Subcontractor under workmen’s compensation acts, disability benefit acts or other 21
employee benefit acts. 22
23
24
ARTICLE XII. INSURANCE: Without limiting the Owner’s right to obtain indemnification 25
from Contractor or any third parties, Contractor, at its sole expense, in accordance with 26
the provisions of Section 2.40 of the General Conditions, shall maintain in full force and 27
effect the following insurance policies throughout the term of this Agreement, excepting 28
only those policies for which a longer term is specified: 29
30
31
A. Commercial General Liability Insurance, with scope and amount of coverage 32
as specified in Section 2.40 E.2 of the General Conditions. 33
34
B. Automobile Liability Insurance, with scope and amount of coverage as specified in 35
Section 2.40 E.2 of the General Conditions. 36
37
C. Professional Liability Insurance, with scope and amount of coverage as specified in 38
Section 2.40 E.3 of the General Conditions. 39
40
D. Worker's Compensation Insurance, with scope and amount of coverage as 41
specified in Section 2.40 E. 4 of the General Conditions. 42
43
The Certificate of Insurance shall be issued in triplicate, to the COUNTY OF FRESNO, 44
and all other participating agencies, whether or not said agencies are named herein, 45
who contribute to the cost of the work or have jurisdiction over areas in which the work 46
is to be performed and all officers and employees of said agencies while acting within 47
the course and scope of their duties and responsibilities. 48
49
50
ARTICLE XIII. MISCELLANEOUS PROVISIONS: 51
52
Contract No.: #20-J-03
20-J-04
20-J-05
Agreement
00 52 13-6
JOB ORDER CONTRACTS
1. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time 1
during business hours, and as often as the OWNER may deem necessary, make 2
available to the OWNER for examination all of its records and data with respect to the 3
matters covered by this Agreement. The CONTRACTOR shall, upon request by the 4
OWNER, permit the OWNER to audit and inspect all of such records and data necessary 5
to ensure CONTRACTOR'S compliance with the terms of this Agreement. 6
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be 7
subject to the examination and audit of the Auditor General for a period of three (3) years 8
after final payment under contract (Government Code Section 8546.7). 9
10
2. INDEPENDENT CONTRACTOR. 11
12
In performance of the work, duties, and obligations assumed by CONTRACTOR 13
under this Agreement, it is mutually understood and agreed that CONTRACTOR, 14
including any and all of CONTRACTOR officers, agents, and employees will at all times 15
be acting and performing as an independent contractor, and shall act in an independent 16
capacity and not as an officer, agent, servant, employee, joint venture, partner, or 17
associate of the OWNER. CONTRACTOR and OWNER shall comply with all applicable 18
provisions of law and the rules and regulations, if any, of governmental authorities having 19
jurisdiction over matters of the subject thereof. Because of its status as an independent 20
contractor, CONTRACTOR shall have absolutely no right to employment rights and 21
benefits available to OWNER’s employees. CONTRACTOR shall be solely liable and 22
responsible for providing to, or on behalf of, its employees all legally-required employee 23
benefits. In addition, CONTRACTOR shall be solely responsible and save OWNER 24
harmless from all matters related to payment of CONTRACTOR’s employees, including 25
compliance with social security, withholding, and all other regulations governing such 26
matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may 27
be providing services to others unrelated to the OWNER or to this Agreement. 28
29
3. DISCLOSURE OF SELF-DEALING TRANSACTIONS 30
31
This provision is only applicable if the CONTRACTOR is operating as a 32
corporation (a for-profit or non-profit corporation) or if during the term of the agreement, 33
the CONTRACTOR changes its status to operate as a corporation. 34
35
Members of the CONTRACTOR’s Board of Directors shall disclose any self-36
dealing transactions that they are a party to while CONTRACTOR is providing goods or 37
performing services under this agreement. A self-dealing transaction shall mean a 38
transaction to which the CONTRACTOR is a party and in which one or more of its 39
directors has a material financial interest. Members of the Board of Directors shall 40
disclose any self-dealing transactions that they are a party to by completing and signing 41
a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit A and 42
incorporated herein by reference, and submitting it to the OWNER prior to commencing 43
with the self-dealing transaction or immediately thereafter. 44
45
46
ARTICLE XIV. The Contractor represents that he has secured the payment of Workers 47
Compensation in compliance with the provisions of the Labor Code of the State of 48
California and Paragraphs B.3, C.3 and E.4 of Section 2.40 of the General Conditions, 49
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
29
30
31
32
33
34
35
36
37
38
39
and that he will continue so to comply with such statutory and contractual provisions for
the duration and entirety of the performance of the work contemplated herein .
This Contract, 20-J-05, was awarded by the Board of Supervisors on October 6.
2020. It has been reviewed by the Department of Public Works and Planning and
is in proper order for signature of the Chairman of the Board of Supervisors.
IN WITN ~EREOF, they have executed this Agreement this s;9 ,tb
day of _IC , 2020
Exbon Development Inc.
(CONTRACTOR)
20-2692623
(Taxpayer Federal 1.0. No .)
By _____ ~---------
Title _J_a_e_J_u~ng~~_P_r_e_·~n_t ___ _
FOR ACCOUNTING USE ONLY
VARIOUS ORGS .
0001/8830/10000/7295
0001/43601150/10000/7295
0001/8852/10000/7295
COUNTY OF FRESNO
(OWNER)
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno, State of
California
END OF SECTION
Contract No .: #20 J 03
20-J..04
20-J-05
Agreement
00 52 13-7
JOB ORDER CONTRACTS
CONTRACT: JOB ORDER CONTRACT
Contract No.: #20-J-03
20-J-04
20-J-05
Sample Guaranty
00 65 36-1
JOB ORDER CONTRACTS
1
CONTRACT NO: #20-J-03, 20-J-04, 20-J-05, Class B 2
3
(This guaranty shall be executed by the successful bidder in accordance with Section 4
2.32 of the General Conditions. The bidder may execute the guaranty on this page at 5
the time of a task order is executed.) 6
7
S A M P L E G U A R A N T Y F O R M 8
9
To the Owner: County of Fresno 10
11
12
The undersigned guarantees the construction and installation of the following work 13
included in this project: 14
15
ALL WORK16
17
Should any of the materials or equipment prove defective or should the work as a 18
whole prove defective, due to faulty workmanship, material furnished or methods of 19
installation, or should the work or any part thereof fail to operate properly as originally 20
intended and in accordance with each individual Work Order Detailed Scope of Work 21
and specifications, due to any of the above causes, all within twelve (12) months after 22
the date on which the Work Order under this contract is accepted by the Owner, the 23
undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred 24
in restoring said work to the condition contemplated in said project, including the cost 25
of any such equipment or materials replaced and the cost of removing and replacing 26
any other work necessary to make such replacement or repairs, or, upon demand by 27
the Owner, to replace any such material and to repair said work completely without 28
cost to the Owner so that said work will function successfully as originally 29
contemplated. 30
31
The Owner shall have the unqualified option to make any needed replacement or 32
repairs itself or to have such replacements or repairs done by the undersigned. In the 33
event the Owner elects to have said work performed by the undersigned, the 34
undersigned agrees that the repairs shall be made and such materials as are 35
necessary shall be furnished and installed within a reasonable time after the receipt 36
of demand from the Owner. If the undersigned shall fail or refuse to comply with his 37
obligations under this guaranty, the Owner shall be entitled to all costs and expenses 38
reasonably incurred by reason of said failure or refusal. 39
40
41
_________________________________ 42
(Company) 43 44
By:______________________________ 45
46
_________________________________ 47
(Title) 48 49
Date:_____________________________ 50 51
END OF SECTION 52
CONTRACT: JOB ORDER CONTRACT
Contract No.: #20-J-03
20-J-04
20-J-05
Sample Guaranty
00 65 36-2
JOB ORDER CONTRACTS
1
Contract No.: #20-J-03
20-J-04
20-J-05
General Conditions
00 72 00-1
JOB ORDER CONTRACTS
G E N E R A L C O N D I T I O N S 1
2
3
2.01 IDENTIFICATION OF CONTRACT 4
5
A. The Agreement shall be signed by the Contractor and the Owner. 6
7
B. The Contract Documents are defined in ARTICLE II of the Agreement. 8
9
C. The Contract Documents form the Contract for Construction (“Contract”). This 10
Contract represents the entire and integrated agreement between the parties 11
hereto and supersedes all prior negotiations, representations or agreements, 12
either written or oral. The Contract may be amended or modified only by a 13
Modification as defined above. The Contract Documents shall not be construed 14
to create any contractual relationship of any kind between the Architect or 15
Engineer of record and the Contractor, but the Architect or Engineer of record 16
shall be entitled to performance of the obligations of the Contractor intended 17
for their benefit and to enforcement thereof. Nothing contained in the Contract 18
Documents shall create any contractual relationship between the Owner and 19
any Subcontractor or Sub-subcontractor. 20
21
22
2.02 EXECUTION, CORRELATION, AND INTENT OF CONTRACT DOCUMENTS 23
24
A. The Contract Documents are complementary and anything called for by one 25
shall be supplied as if called for by all, providing it comes clearly within the 26
scope of the Contract. 27
28
B. In the event of conflicting provisions within the Job Order Contract, the 29
following order of precedence with item “1” representing the highest 30
precedence, for resolution of the conflict shall apply: 31
32
1. Agreement 33
2. Addenda (later takes precedence over earlier) 34
3. Work Orders (including Detailed Scopes of Work and Requests for 35
Proposals) 36
4. Project Manual 37
5. The Construction Task Catalog®38
6. Technical Specifications 39
40
C. The intent of the Contract Documents is to include all items necessary for the 41
proper execution and completion of the Work. Words and abbreviations that 42
have well-known technical or trade meanings are used in the Contract 43
Documents in accordance with such recognized meanings. 44
45
D. Execution of the Contract by the Contractor is a representation that the 46
Contractor has has visited the site, become familiar with the local conditions 47
under which the Work is to be performed, and has correlated personal 48
observations with the requirements of the Contract Documents. 49
50
Contract No.: #20-J-03
20-J-04
20-J-05
General Conditions
00 72 00-2
JOB ORDER CONTRACTS
E.All work and material shall be the best of the respective kinds specified or1
indicated. Should any workmanship or materials be required that are not2
directly or indirectly called for in the Contract Documents, but which3
nevertheless are necessary for proper fulfillment of the obvious intent thereof,4
said workmanship or materials shall be the same for similar parts that are5
detailed, indicated or specified, and the Contractor shall understand the same6
to be implied and provide for it in his/her tender as if it were particularly7
described or delineated.8
9
10
2.03 OWNERSHIP AND USE OF DOCUMENTS 11
12
All Contract Documents and copies thereof furnished shall remain the property of the 13
Owner. With the exception of one (1) contract set for each party to the Contract, such 14
documents are to be returned by Contractor or suitably accounted for to the Owner on 15
request at the completion of the Work. Submission or distribution to meet official 16
regulatory requirements or for other purposes in connection with the Project is not to 17
be construed as publication in derogation of the Architect's common law copyright or 18
other reserved rights. The Owner's use of the documents will not increase the 19
Architect's design liability beyond the Project and the site for which the design was 20
originally intended. 21
22
23
2.04 DEFINITIONS 24
25
The following words, or variations thereof, as used in these documents have meanings 26
as defined: 27
28
A.The Work - The Work comprises the completed construction required of the29
Contractor by the Contract Documents, and includes all labor, materials,30
equipment and services necessary to produce such construction, and all31
materials, other permits and equipment incorporated or to be incorporated in32
such construction.33
34
B.The Project – The collective improvements to be constructed by the Contractor35
pursuant to a Work Order, or a series of related Work Orders.36
37
C.Owner - The County of Fresno, State of California, as represented by the38
Fresno County Board of Supervisors and so named in the Agreement. The39
term Owner means the Owner or the Owner’s authorized representative (also40
known as the Project Manager) for this project.41
42
43
D.Architect of record – The Owner and his/her authorized representative, as44
defined in Section 2.04C, or a duly California licensed Architect.45
46
E.Contractor - When used in the General Conditions refers to person(s) or entity47
(partnership or corporation) so named in Agreement and when used in the48
body of the Specifications, refers to the Contractor for that specific work,49
whether it be the General Contractor, Subcontractor, or other Contractor. The50
Contract No.: #20-J-03
20-J-04
20-J-05
General Conditions
00 72 00-3
JOB ORDER CONTRACTS
term Contractor means the Contractor or the Contractor’s authorized 1
representative. 2
3
F.Subcontractor - Person, persons, entity, co-partnership or corporation having4
direct contract with Contractor to perform any of the Work at the site. The term5
Subcontractor means a Subcontractor or a Subcontractor’s authorized6
representative. The term Subcontractor does not include any separate7
contractor or any separate contractor’s subcontractors.8
9
G.Sub-subcontractor – Person, persons, entity, co-partnership or corporation10
having a direct or indirect contract with a Subcontractor to perform any of the11
Work at the site (i.e. a second-tier, third-tier or lower-tier Subcontractor). The12
term Sub-subcontractor means a Sub-subcontractor or an authorized13
representative thereof.14
15
H.Adjustment Factor – A competitively bid adjustment to be applied to the unit16
prices listed in the Construction Task Catalog®.17
18
I.Construction Task Catalog®- A comprehensive listing of construction related19
tasks together with a specific unit of measure and a published Unit Price.20
21
J.Detailed Scope of Work – A document setting forth the work the Contractor is22
obligated to complete for a particular Work Order.23
24
K.Work Order – A written order issued by the Owner, such as a Purchase Order,25
requiring the Contractor to complete the Detailed Scope of Work within the26
Work Order Completion Time for the Work Order Price. A project may consist27
of one or more Work Orders.28
29
L.Work Order Completion Time – The time within which the Contractor must30
complete the Detailed Scope of Work.31
32
M. Work Order Price – The amount a Contractor will be paid for completing a Work33
Order.34
35
N.Joint Scope Meeting – A site meeting attended by the Owner and Contractor36
to discuss the work before the Detailed Scope of Work is finalized.37
38
O.Maximum Contract Value - The maximum value of Work Orders that the39
Contractor may receive under this Contract.40
41
P.Minimum Contract Value – The minimum value of Work Orders that the42
Contractor is guaranteed the opportunity to perform under this Contract.43
44
Q.Non Pre-priced Task – An item of work required by the Detailed Scope of Work45
but not included in the Construction Task Catalog®.46
47
R.Normal Working Hours – Includes the hours from 7:00 a.m. to 5:00 p.m.48
Monday through Friday, except for Owner holidays.49
50
Contract No.: #20-J-03
20-J-04
20-J-05
General Conditions
00 72 00-4
JOB ORDER CONTRACTS
S.Notice to Proceed - A written notice issued by the Owner directing the1
Contractor to proceed with construction activities to complete the Work Order.2
3
T.Other than Normal Working Hours – Includes the hours of 5:00 p.m. to 7:004
a.m. Monday through Friday and all day Saturday, Sunday, and Owner5
Holidays.6
7
U.Pre-priced Task – An item of work included in the Construction Task Catalog®8
for which a Unit Price is given.9
10
V.Price Proposal – A price proposal prepared by the Contractor that includes the11
Pre-priced Tasks, Non Pre-priced Tasks, appropriate quantities and12
appropriate Adjustment Factors required to complete the Detailed Scope of13
Work.14
15
W. Proposal Package – A set of documents including at least: (1) a Price Proposal;16
(2) a proposed construction schedule; (3) a list of proposed subcontractors; (4)17
sketches, drawings, or layouts; and (5) technical data or information on18
proposed materials or equipment.19
20
X.Request for Proposal – A written request to the Contractor to prepare a21
Proposal for the Detailed Scope of Work referenced therein.22
23
Y.Supplemental Work Order - A Work Order issued to add or delete Work from24
an existing, related Work Order.25
26
Z.Technical Specifications – Contains the written requirements for materials,27
equipment, systems, standards and workmanship for the Work, and28
performance of related services.29
30
AA. Unit Price - The price published in the Construction Task Catalog® for a specific 31
construction or construction related work task. Unit Prices for new Pre-priced 32
Tasks can be established during the course of the Contract and added to the 33
Construction Task Catalog®. Each Unit Price is comprised of labor, equipment, 34
and material costs to accomplish that specific Pre-priced Task. 35
36
BB. Days- All days shall be measured in calendar days unless specifically noted 37
otherwise in these documents or referenced codes. 38
39
CC. Year- One year shall be measured in terms of 365 calendar days.40
41
42
2.05 SPECIFICATIONS AND DRAWINGS 43
44
A.Precedence – Anything mentioned in the Specifications and not shown on the45
Drawings, or shown on the drawings and not mentioned in the specifications,46
shall be of like effect as if shown or mentioned in both. Subject to Section 2.02,47
in cases of discrepancy concerning dimension, quantity and location, the48
Drawings shall take precedence over the Specifications. Explanatory notes on49
the Drawings shall take precedence over conflicting drawn indications. Large50
scale details shall take precedence over smaller scale details and figured51
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dimensions shall take precedence over scaled measurement. Where figures 1
are not shown, scale measurements shall be followed but shall in all cases be 2
verified by measuring actual conditions of Work already in place. In cases of 3
discrepancy concerning quality and application of materials and non-technical 4
requirements over materials, the specifications shall take precedence over 5
Drawings. 6
7
B. Division of Specifications - For convenience of reference and to facilitate the 8
letting of independent contracts, this specification may be separated into 9
certain sections; such separation shall not operate to oblige the Owner, 10
Architect or Professional Consultant to establish the limits of any contract 11
between the Contractor and Sub-Contractor each of whom shall depend upon 12
his/her own contract stipulations. The General Conditions apply with equal 13
force to all work, including extra work. 14
15
C. Governing Factors - Dimensions figured on drawings shall be followed in every 16
case in preference to scale of drawings. 17
18
D. Discrepancies - Should the Contractor, at any time, discover a discrepancy in 19
a drawing or specification, or any variation between dimensions on drawings 20
and measurements at site, or any lacking of dimensions or other information, 21
he/she shall report at once to the Project Manager requesting clarification and 22
shall not proceed with the work affected thereby until such clarification has 23
been made. If the Contractor proceeds with work affected by such 24
discrepancies, without having received such clarification, he/she does so at 25
his/her own risk. Any adjustments involving such circumstances made by the 26
Contractor, prior to approval by the Project Manager, shall be at the 27
Contractor’s risk and the settlement of any complications or disputes arising 28
therefrom shall be at the Contractor's sole expense and Contractor shall 29
indemnify, hold harmless and defend Owner, Owner’s representatives, and 30
Project Manager from any liability or loss with respect to said adjustments. 31
32
E. Scope of Drawings – When drawings are included in the Detailed Scope of 33
Work, the drawings shall be held to determine the general character of the 34
Work as well as its details. Parts not detailed shall be constructed in 35
accordance with best standard practice for work of this class, so as to afford 36
the requisite strength and logically complete the parts they compose. Where 37
it is obvious that a drawing illustrates only a part of a given work or of a number 38
of items, the remainder shall be deemed repetitious and so construed. The 39
Contractor shall be responsible for all errors made in using any drawings which 40
have been superseded. 41
42
F. Shop Drawings, Product Data and Samples – 43
44
1. Shop Drawings are drawings, diagrams, schedules and other data 45
specially prepared for the Work by the Contractor or any Subcontractor, 46
manufacturer, supplier or distributor to illustrate some portion of the 47
Work. Product Data are illustrations, standard schedules, performance 48
charts, instructions, brochures, diagrams and other information 49
furnished by the Contractor to illustrate a material, product or system 50
for some portion of the Work. Samples are physical examples that 51
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illustrate materials, equipment or workmanship, and establish 1
standards by which the work will be judged. 2
3
2. The Contractor shall prepare, review, approve and submit to the Project 4
Manager, with reasonable promptness and in such sequence as to 5
cause no delay in the Work or in the work of the Owner or any separate 6
contractor, all Shop Drawings, Product Data and Samples required by 7
the Contract Documents. 8
9
3. By preparing, approving and submitting Shop Drawings, Product Data 10
and Samples, the Contractor represents that the Contractor has 11
determined and verified all materials, field measurements and field 12
construction criteria related thereto, or will do so with reasonable 13
promptness, and has checked and coordinated the information 14
contained within such submittals with the requirements of the Work, the 15
Project, the Work Order and the Contract Documents. 16
17
4. The Contractor shall not be relieved of responsibility for any deviation 18
from the requirements of the Contract Documents by the Architect's 19
review of Shop Drawings, Product Data or Samples, unless the 20
Contractor has specifically informed the Project Manager in writing of 21
such deviation at the time of submission and the Architect has reviewed 22
the specific deviation. The Contractor shall not be relieved from 23
responsibility for errors or omissions in the Shop Drawings, Product 24
Data or Samples by the Architect's review of them. 25
26
5. When professional certification of performance criteria of materials, 27
systems or equipment is required by the Contract Documents, the 28
Architect shall be entitled to rely upon the accuracy and completeness 29
of such calculations and certifications. The cost of such certifications 30
shall be borne by the Contractor. Owner may elect to have an 31
independent certification performed at its own expense. The Owner 32
shall have final approving authority for performance-based items. 33
34
6. The Contractor shall direct specific attention, in writing or on 35
resubmitted Shop drawings, Product Data, or Samples, to revisions 36
other than those requested by the Architect on previous submittals. 37
38
7. No portion of the Work requiring submission of a Shop Drawing, 39
Product Data or Sample shall be commenced until the submittal has 40
been reviewed by the Architect. All such portions of the Work shall be 41
in accordance with reviewed submittals. 42
43
8. Submission of Shop Drawings and Samples to the Project Manager is 44
required for only those items specifically mentioned in the Specification 45
Sections. If Contractor submits Shop Drawings for items other than the 46
above, the Project Manager will not be obligated to distribute or review 47
them. Contractor shall be responsible for the procuring of Shop 48
Drawings for his/her own use as he/she may require for the progress of 49
the Work. 50
51
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9. The term "Shop Drawings" as used herein also includes but is not1
limited to fabrication, erection, layout and setting drawings,2
manufacturer's standard drawings, descriptive literature, catalogs,3
brochures, performance and test data, wiring and control diagrams, all4
other drawings and descriptive data pertaining to materials, equipment,5
piping, duct and conduit systems, and methods of construction as may6
be required to show that the materials, equipment or systems and the7
positions and layout of each conform to the Contract requirements. As8
used herein the term "manufactured" applies to standard units usually9
mass-produced, and the term "fabricated" means items specifically10
assembled or made out of selected materials to meet individual design11
requirements. Shop Drawings shall establish the actual detail of all12
manufactured or fabricated items; indicate proper relation to adjoining13
work; amplify design details of mechanical and electrical equipment in14
proper relation to physical spaces in the structure; and incorporate15
minor changes of design or construction to suit actual conditions.16
17
10. Drawings: Following Contractor's review and approval, Contractor shall18
submit to the Project Manager for approval four (4) minimum to six (6)19
maximum prints and/or pdf submission of the same information via20
email. (Required delivery methods and quantities of submittals will be21
determined at the time of the Pre-Construction Meeting). The Project22
Manager will check the submittal to see if it is complete. If complete,23
the Project Manager will forward the drawings to the Owner and the24
Architect. The Architect and Owner will check the drawings and note25
Architect and Owner comments and affix a stamp to the drawings26
indicating the status of acceptance, and will return same to the Project27
Manager, each retaining prints for his/her records. The Architect or28
his/her consultants, as applicable, will review the Shop Drawings; mark29
the prints with required revisions; stamp the prints and indicate “No30
Exceptions Taken”, “Make Corrections Noted”, “Revise and Resubmit”,31
“Submit Specified Item”, or “Rejected”, and return the prints. The32
Project Manager will return the prints to the Contractor. The Contractor33
shall then print and distribute the appropriate number of copies to34
his/her job personnel as required. If a drawing is stamped “Rejected”35
or “Revise and Resubmit”, the Contractor shall correct and resubmit as36
outlined above. When stamped “Make Corrections Noted”, or similar37
instructions, the Contractor shall correct and resubmit for record only,38
three (3) prints of each drawing. Also see Technical Specifications,39
Division I, General Requirements.40
41
11. Samples: Following Contractor's review and approval, Contractor shall42
submit to the Architect, five (5) minimum samples of all materials in43
quantities and sizes as specified herein as requested by the Architect.44
Submittals shall be given to the Architect at a time determined by the45
Contractor, which allows for any necessary resubmittal and which will46
not cause any delay in the Work. Samples will be forwarded to the47
Architect. If a sample is stamped “Rejected” or “Revise and Resubmit”,48
one sample so noted will be returned to the Contractor. The Contractor49
shall correct and resubmit as outlined above. If a sample is stamped50
"Make Corrections Noted", one sample so noted will be returned.51
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Corrected samples shall be resubmitted for approval as per the original 1
submittal. Also see Technical Specifications and General 2
Requirements. 3
4
12. Brochures: Following Contractor's review and approval, Contractor5
shall submit to the Architect, five (5) copies of all manufacturer's6
catalogs or brochures as required. Brochures will be forwarded to the7
Architect for review. If a brochure is stamped "No Exception Taken",8
two (2) copies will be returned to the Contractor. If stamped "Rejected",9
one marked copy and two (2) unmarked copies will be returned.10
Corrected copies shall be resubmitted for approval as per the original11
submittal. Also see General Requirements.12
13
13. Manufacturer's Instructions: Where any item or work is required by14
Specifications to be furnished, installed or performed in accordance15
with a specified product manufacturer's instructions, Contractor shall16
procure and distribute the necessary copies of such instructions to all17
concerned parties.18
19
G. Materials - All materials, unless otherwise specified, shall be new and of good20
quality, proof of which shall be furnished by the Contractor; in case of doubt as21
to kind or quality required, samples shall be submitted to the Architect through22
the Project Manager who will specify the kind and use of the material23
appropriate to the location and the function of the item in question. Contractor24
shall furnish such item accordingly. Before final payment, all material rejected25
by the Architect or Project Manager shall be promptly removed from the26
premises by the Contractor, whether or not completely installed, and promptly27
and properly replaced with correct materials, including any other work adjoining28
if disturbed, in accordance with the contract and without expense to the Owner;29
the Contractor also shall pay for work of other Contractors as is affected by30
such removals and replacements.31
32
33
2.06 THE ARCHITECT 34
35
A.The Owner may delegate all or a portion of its rights and responsibilities to a36
licensed Architect as deemed necessary per Work Order.37
38
B.The Architect advises the Project Manager in all aspects of the construction39
phase of the Project. The Architect’s functions include advice and assistance40
to the Project Manager in the correct interpretation and application of the41
Contract Documents. The Architect is not authorized independently to issue42
Addenda, Clarifications, Field Orders, Work Authorizations, or Supplemental43
Work Orders, or in any other way to bind the Owner in discussions with the44
Contractor.45
46
C. The Contractor shall deliver all correspondence relating to the proper execution47
of the Work to the Project Manager. The Project Manager reserves the right48
to consult with the Architect and Owner prior to responding to the Contractor's49
correspondence.50
51
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D. When discussions between the Contractor and the Project Manager occur 1
either on the site or elsewhere, but the Architect is not present, the Project 2
Manager reserves the right to consult with the Architect and Owner prior to 3
issuing his/her final decision or instruction. 4
5
E. The Architect shall review or take other appropriate action upon the 6
Contractor's submittals such as Shop Drawings, Product Data and Samples, 7
but only for conformance with the design concept of the Work and the 8
information given in the Contract Documents. Such action shall generally be 9
taken within ten (10) working days, however under certain circumstances such 10
as very complex submittals or if large number of submittals are submitted at 11
one (1) time it may take longer. In this case the Contractor will be notified and 12
given the opportunity to advise the Architect of priorities. The Architect's 13
review of a specific item shall not indicate review of an assembly of which the 14
item is a component. 15
16
17
2.07 THE PROJECT MANAGER18
19
A. The Project Manager is the authorized representative of the Owner in all 20
aspects of administering the construction contract on behalf of the Owner. All 21
communications from and to the Contractor will be channeled through the 22
Project Manager. However, the Project Manager does not have the authority 23
to bind the Owner in matters affecting adjustments to the time or cost of the 24
project as defined in the Agreement for Construction. 25
26
B. The Project Manager will be the Owner's representative during the construction 27
and warranty periods, and until final payment to all contractors is due. The 28
Project Manager will advise and consult with the Owner. All instructions to the 29
Contractor shall be forwarded through the Project Manager. The Project 30
Manager will have authority to act on behalf of the Owner only to the extent 31
provided in the Contract Documents, unless otherwise modified by written 32
instrument. 33
34
C. The Project Manager will be on site during construction to monitor the progress 35
and quality of the Work and to determine in general if the Work is proceeding 36
in accordance with the Contract Documents. On the basis of on-site 37
observations and communication with the Contractor, the Project Manager will 38
keep the Owner informed of the progress of the Work, and will endeavor to 39
guard the Owner against defects and deficiencies in the Work of the 40
Contractor. 41
42
D. The Project Manager shall at all times have access to the Work wherever it is 43
in preparation and progress. The Contractor shall provide facilities for such 44
access so that the Project Manager may perform its functions under the 45
Contract Documents. 46
47
E. Based on the Project Manager's observations, and an evaluation of the 48
Contractor's Application for Payment, the Project Manager will determine the 49
amount owing to the Contractor and will issue to the Owner Certificates for 50
Payment incorporating such amount. 51
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1
F. The Project Manager will be the initial interpreter of the requirements of the 2
Contract Documents and the initial judge of the performance hereunder by the 3
Contractor. The Owner will have final authority of all such matters. 4
5
G. The Project Manager will render interpretations necessary for the proper 6
execution or progress of the Work, with reasonable promptness and in 7
accordance with agreed upon time limits. Either party to the Contract may 8
make written request to the Project Manager for such interpretations. 9
10
H. Claims, disputes and other matters in question between the Contractor and the 11
Project Manager relating to the execution or progress of the Work or the 12
interpretation of the Contract Documents shall be referred to the Owner (or 13
his/her designee). 14
15
I. All interpretations and decisions of the Project Manager will be in writing or in 16
graphic form, and shall be both consistent with the intent of the Contract 17
Documents and reasonably inferable therefrom. 18
19
J. The Project Manager will have the authority to reject, or recommend to the 20
Owner the rejection, of any work that does not conform to the Contract 21
Documents. Whenever, in the Project Manager's opinion, it is considered 22
necessary or advisable for the implementation of the intent of the Contract 23
Documents, the Project Manager will have authority to require special 24
inspection or testing of the Work whether or not such work be then fabricated, 25
installed or completed. 26
27
K. The Project Manager will receive from the Contractor and review all Shop 28
Drawings, Product Data and Samples, and forward same to Architect and 29
Owner for review. 30
31
L. Following consultation with the Owner, the Project Manager will take 32
appropriate action on changes, and will have authority to order minor changes 33
in the Work as provided herein. 34
35
M. The Project Manager will conduct inspections to determine the date of 36
Completion, and will receive and forward to the Owner for the Owner's review 37
written warranties and related documents required by the Contract Documents 38
and assembled by the Contractor. The Project Manager will issue a final 39
Project Certificate for Payment upon compliance with the requirements for 40
completion and final payment. The Project Manager will monitor the warranty 41
for a period of one (1) year from and after the date of acceptance of the Work, 42
unless otherwise specified as a longer term. 43
44
N. The duties, responsibilities and limitations of authority of the Project Manager 45
as the Owner's representatives during construction as set forth in the Contract 46
Documents, will not be modified or extended without written consent of the 47
Owner, the Contractor and the Project Manager, which consent shall not be 48
unreasonably withheld. Failure of the Contractor to respond within ten (10) 49
business days to a written request shall constitute consent by the Contractor. 50
51
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O. In case of the termination of the employment of the Project Manager, the 1
Owner may appoint a successor Project Manager, whose status and duties 2
under the Contract Documents shall be the same as those of the former Project 3
Manager. 4
5
6
2.08 OWNER 7
8
A. Information and Services Required of the Owner 9
10
1. Unless otherwise provided in the Contract Documents, the Owner shall 11
secure and pay for necessary approvals, easements, assessments and 12
charges required for the construction, use or occupancy of permanent 13
structures or for permanent changes in existing facilities. 14
15
2. Information or services under the Owner's control shall be furnished by 16
the Owner with reasonable promptness to avoid delay in the orderly 17
progress of the Work. 18
19
3. The Owner shall forward all instructions to the Contractor through the 20
Project Manager. 21
22
B. Owner’s Right to Stop the Work 23
24
If the Contractor fails to correct defective work as required by Section 2.42 25
herein or persistently fails to carry out the Work in accordance with the Contract 26
Documents, the Owner, by a written order signed personally or by an agent 27
specifically so empowered by the Owner in writing, may order the Contractor 28
to stop the Work, or any portion thereof, until the cause for such order has been 29
eliminated; however, this right of the Owner to stop the Work shall not give rise 30
to any duty on the part of the Owner to exercise this right for the benefit of any 31
contractor or any other person or entity, except to the extent required by 32
Section 2.12.C. 33
34
C. Owner’s Right to Carry Out the Work 35
36
If the Contractor defaults or neglects to carry out the Work in accordance with 37
the Contract Documents, and fails after written notice from the Owner to correct 38
such default or neglect with diligence and promptness, the Owner may, after 39
an additional written notice and without prejudice to any other remedy the 40
Owner may have, make good such deficiencies. In such case an appropriate 41
Supplemental Work Order shall be issued deducting from the payments then 42
or thereafter due the Contractor the cost of correcting such deficiencies, 43
including compensation for the additional services of the Architect or other 44
professionals made necessary by such default, neglect or failure. Such action 45
by the Owner and the amount charged to the Contractor are both subject to 46
the prior approval of the Architect. If the payments then or thereafter due the 47
Contractor are not sufficient to cover such amount, the Contractor shall pay the 48
difference to the Owner, or Owner may require payment by the surety on the 49
performance or warranty bonds as appropriate. Such action shall, in no way, 50
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affect the status of either party under contract, nor be held as a basis of any 1
claim by the Contractor for damages or extension of time. 2
3
D.Award of Individual Work Orders4
5
The Owner may award an individual Work Order to any selected Contractor.6
Selection of the Contractor and award of the Work Order will be in compliance7
with established Owner procedures and based on one or more of the following8
criteria:9
10
1.Rotational selection among all Contractors, unless otherwise11
determined by the Owner.12
13
2.Evaluation of past and current performance on Work Orders of a similar14
nature and type of work, project size, construction management15
challenges, schedule performance, design management requirements,16
etc.17
18
3.Balancing of work load (Work Order dollar volume and construction19
backlog) among Contractors.20
21
4.Management of Work Order dollar volume within bonding limitations of22
the Contractor.23
24
5.Price, as it relates to the Owner’s independent cost estimate.25
26
6.Contractor’s responsiveness to the Owner on Work Orders.27
28
7.Other appropriate criteria as deemed in the best interest of the Owner.29
30
31
2.09 CONTRACTOR RESPONSIBILITIES 32
33
A.Procedure for Developing a Work Order34
35
As the need exists, the Owner will notify the Contractor of a Project, schedule36
a Joint Scope Meeting and issue a Notice of Joint Scope Meeting. The37
Contractor shall attend the Joint Scope Meeting and discuss, at a minimum:38
39
1.the general scope of the work;40
41
2.alternatives for performing the work and value engineering;42
43
3.access to the site and protocol for admission;44
45
4.hours of operation;46
47
5.staging area;48
49
6.requirements for catalog cuts, technical data, samples and shop50
drawings;51
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1
7. requirements for professional services, sketches, drawings, and 2
specifications; 3
4
8. construction duration; 5
6
9. liquidated damages; 7
8
10. the presence of hazardous materials; 9
10
11. date on which Proposal is due. 11
12
Upon completion of the joint scoping process, the Owner will prepare a draft 13
Detailed Scope of Work referencing any sketches, drawings, photographs, and 14
specifications required to document accurately the work to be accomplished. 15
The Contractor shall review the Detailed Scope of Work and request any 16
required changes or modifications. When an acceptable Detailed Scope of 17
Work has been prepared, the Owner will issue a Request for Proposal that will 18
require the Contractor to prepare a Work Order Proposal. The Detailed Scope 19
of Work, unless modified by both the Contractor and the Owner, will be the 20
basis on which the Contractor will develop its Work Order Package and the 21
Owner will evaluate the same. The Contractor does not have the right to refuse 22
to perform any task or any work in connection with a particular Project. 23
24
The Owner may, at this option, include quantities in the Detailed Scope of Work 25
if it helps to define the Detailed Scope of Work, if the actual quantities required 26
are not known or cannot be determined at the time the Detailed Scope of Work 27
is prepared, if the Contractor and the Owner cannot agree on the quantities 28
required, or for any other reason as determined by the Owner. In all such 29
cases, the Owner shall issue a Supplemental Job Order adjusting the 30
quantities appearing in the Detailed Scope of Work to the actual quantities. 31
32
B. Preparation of the Price Proposal 33
34
The Contractor will prepare Price Proposals in accordance with the following: 35
36
1. Pre-priced Tasks: A Pre-priced Task is a task described and for which 37
a Unit Price is set forth in the Construction Task Catalog®. For Pre-38
priced Tasks the Contractor shall identify the task and quantities 39
required from the Construction Task Catalog®. 40
41
2. Non Pre-priced Tasks: Units of work not included in the Construction 42
Task Catalog®, but within the general scope and intent of this Contract, 43
may be negotiated into this Contract as needs arise. Such work 44
requirements shall be incorporated into and made a part of this Contract 45
for the Work Order to which they pertain, and may be incorporated into 46
the Construction Task Catalog® if determined appropriate by the 47
County at the negotiated price. Non Pre-Priced Tasks shall be 48
separately identified and submitted in the Proposal. 49
50
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a. The Contractor shall break down any Non Pre-price item if the 1
labor, material or equipment required to accomplish the Non 2
Pre-priced task can be used out of the Construction Task 3
Catalog® at a pre-price rate times the Bidder’s appropriate 4
Adjustment Factor. Whether a Work requirement is Pre-priced 5
or Non Pre-priced is a final determination by the County, binding 6
and conclusive on the Contractor. 7
8
b. Information submitted in support of Non Pre-priced work shall 9
include, but not be limited to, the following: Complete 10
specifications and technical data, including work unit content, 11
work unit costs data, schedule requirements; quality control and 12
inspection requirements. Pricing data submitted in support of 13
Non Pre-Priced Tasks shall include a cost or price analysis 14
report, establishing the basis for selecting the approach 15
proposed to accomplish the requirements. Unless otherwise 16
directed by the County, cost data shall be submitted 17
demonstrating that the Contractor solicited and received three 18
bids. The Contractor shall provide an installed unit price (or 19
demolition price if appropriate), which shall include all costs 20
required to accomplish the Non Pre-priced Task. 21
22
c. The final price submitted for Non Pre-priced Tasks shall be 23
according to the following formula: 24
25
Contractor Performed Duties 26
A = The number of hours for each labor classification and 27
hourly rates 28
B = Equipment costs (other than small tools) 29
C = Three independent quotes for all materials 30
Total Cost for self-performed work = (A+B+C) x Normal 31
Hours Adjustment Factor (Only if A & B cannot be priced 32
out of the Construction Task Catalog®) 33
For Work performed by Subcontractors: 34
If the Work is to be subcontracted, the Contractor must submit 35
three independent bids from Subcontractors. If three quotes or 36
bids cannot be obtained, the Contractor will provide the reason 37
in writing for the County’s approval as to why three quotes 38
cannot be submitted. 39
D = Subcontractor Costs (supported by three quotes) 40
Total Costs of Non Pre-Priced Task = D x Normal Hours 41
Adjustment Factor 42
d. After a Non Pre-priced Task has been approved by the Owner, 43
the Unit Price for such task will be established, and fixed as a 44
permanent Non Pre-priced Task which will no longer require 45
price justification. 46
47
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e.The Owner’s determination as to whether an item is a Pre-1
priced Task or a Non Pre-priced Task shall be final, binding and2
conclusive as to the Contractor.3
4
3.Whenever, because of trade jurisdiction rules or small quantities, the5
cost of a minor task in the Price Proposal is less than the cost of the6
actual labor and material to perform such task, the Owner may permit7
the Contractor to be paid for such task as a Non Pre-priced Task, or8
use Pre-priced labor tasks and material component pricing to cover the9
actual costs incurred. Provided, however, that there is no other work for10
that trade on the Project or other work for that trade cannot be11
scheduled at the same time and the final charge does not exceed12
$1,000.13
14
4.Contractor shall make the necessary arrangements for and obtain all15
filings and permits required for the Work, including the preparation of16
all drawings, sketches, calculations and other documents and17
information that may be required therefor. If the Contractor is required18
to pay an application fee for filing a project, a fee to obtain a building19
permit, or any other permit fee to the City, State or some other20
governmental or regulatory agency, then the amount of such fee paid21
by the Contractor for which a receipt is obtained shall be treated as a22
Reimbursable Task to be paid without mark-up. The cost of expediting23
services or equipment use fees are not reimbursable.24
25
5.Design requirements will be determined by the scope of work defined26
in each Work Order. If the level of Architect/Engineer services for a27
Work Order requires stamped plans and specifications for the28
development of the Detailed Scope of Work, the Owner shall be29
responsible to prepare them. As needed, the contractor may assist with30
the development of the scope through one or more joint scope meetings31
and subsequent review of the prepared documents. All shop drawings,32
submittals and similar documents required in connection with a33
particular Work Order are considered to be incidental to the Contract34
and included in the Contractor’s Adjustment Factors.35
36
6.The Contractor's Price Proposal shall include, at a minimum:37
38
a.Price Proposal;39
40
b.Back Up for Non Pre-priced Tasks;41
42
c.Any other documentation requested by the Owner.43
44
7.The Contractor's Price Proposal shall be submitted by the date45
indicated on the Request for Proposal. All incomplete Price Proposals46
shall be rejected. The time allowed for preparation of the Contractor's47
Price Proposal will depend on the complexity and urgency of the Work48
Order but should average between seven (7) and fourteen (14) days.49
On complex Work Orders, such as Work Orders requiring incidental50
engineering/architectural drawings and approvals and permits,51
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allowance will be made to provide adequate time for preparation and 1
submittal of the necessary documents. 2
3
8.By submitting a Price Proposal to the Owner, the Contractor agrees to4
accomplish the Detailed Scope of Work in accordance with the Request5
for Proposal at the price submitted. It is the Contractor's responsibility6
to include the necessary tasks and quantities in the Price Proposal and7
apply the appropriate Adjustment Factor(s) prior to delivering it to the8
Owner.9
10
9.If the Contractor requires clarifications or additional information11
regarding the scope of work in order to prepare the Price Proposal, the12
request must be submitted so that the submittal of the Price Proposal13
is not delayed.14
15
C.Review of the Price Proposal16
17
1.If the Owner finds the Contractor's Price Proposal unacceptable, the18
Owner may request the Contractor to re-submit its Price Proposal or19
cancel the Work Order. After the Owner has reviewed the Price20
Proposal and an agreement has been reached between the Owner and21
the Contractor as to the nature of the revisions, if any, the Contractor is22
not allowed to make any changes to the revised Price Proposal other23
than the agreed upon changes. Unless otherwise specified by the24
Owner, if the Contractor is required to resubmit the Price Proposal, the25
revised Price Proposal is due no later than 48 hours after the changes26
have been agreed upon.27
28
2.The Contractor may choose the means and methods of construction;29
subject however, to the Owner's right to reject any means and methods30
proposed by the Contractor that:31
32
a)Will constitute or create a hazard to the work, or to persons or33
property; or34
35
b)Will not produce finished Work in accordance with the terms of36
the Contract; or37
38
c)Unnecessarily increases the price of the Work Order when39
alternative means and methods are available; or40
41
d)Deviates from the Detailed Scope of Work.42
43
3.Once the Price Proposal is accepted by the Owner (by issuance of a44
Notice to Proceed through the Gordian System), the Work Order45
becomes a firm fixed, lump sum contract. Unless specifically stated in46
the Detailed Scope of Work, no adjustment in the proposed Pre-priced47
Tasks and Non Pre-priced Tasks or quantities is allowed. Inspection of48
the Contractor’s Work shall be against the Detailed Scope of Work49
including any Technical Specifications and Drawings, not against the50
Price Proposal.51
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1
D. Preparation of the Proposal Package: 2
3
1. Time for Submittal: Upon acceptance of the Contractor's Price 4
Proposal, the Contractor will be required to submit the Proposal 5
Package within five (5) working days of said acceptance, unless 6
otherwise specified by the Owner. If the Contractor fails to meet the 7
deadline for submittal of the Proposal Package, the Owner may declare 8
the Contractor in default and initiate termination of the Work Order. 9
10
2. The Proposal Package shall include: 11
12
a. Price Proposal as agreed to 13
14
b. Final back-up for any Non Pre-priced Tasks (if applicable) 15
16
c. Subcontractor List, including: 17
18
i. The name, license number and the location of the 19
place of business of each subcontractor who will 20
perform work or labor or render service to the general 21
contractor in or about the construction of the work or 22
improvement in an amount in excess of one-half (1/2) 23
of one percent (1%) of the general contractor's total 24
proposal amount, and 25
26
ii. The portion of the work which will be done by each 27
subcontractor. 28
29
iii. The attention of bidders is directed to the provisions of 30
Public Contract Code Section 4100 et seq which set 31
forth the consequences and possible penalties which 32
may result from a failure to comply strictly with the 33
foregoing requirements for listing of subcontractors. 34
35
d. Final drawings, calculations, specifications (if applicable) 36
37
e. Final catalog cuts, (if applicable) 38
39
f. Special insurance, (if applicable) 40
41
g. For Special equipment and installations, a copy of the warranty 42
document (if applicable) 43
44
h. Any other documentation required for the Work Order as 45
indicated on the RFP (if applicable) 46
47
3. By submitting a Proposal Package to the Owner, the Contractor is 48
agreeing to accomplish the Work outlined in the Request For Proposal 49
and the Detailed Scope of Work for that particular Work Order. 50
51
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E.Review of the Proposal Package and Issuance of the Work Order: 1
2
1.The Owner will evaluate the entire Proposal Package.3
4
2.The Owner reserves the right to reject a Contractor's Proposal Package5
based on inadequate documentation, unacceptable subcontractors, or6
other inconsistencies on the Contractor's part.7
8
3.The Owner reserves the right to reject a Price Proposal or cancel a9
Project for any reason. The Owner also reserves the right not to issue10
a Work Order if it is determined to be in the best interests of the Owner.11
The Owner may perform such work by other means. The Contractor12
shall not recover any costs arising out of or related to the development13
of the Work Order including but not limited to the costs to attend the14
Joint Scope Meeting, review the Detailed Scope of Work, prepare a15
Proposal (including incidental architectural and engineering services),16
subcontractor costs, and the costs to review the Work Order Proposal17
with the Owner.18
19
4.Each Work Order provided to the Contractor shall reference the20
Detailed Scope of Work and set forth the Work Order Price and the21
Work Order Completion Time. All clauses of this Contract shall be22
applicable to each Work Order. The Work Order, signed by the Owner23
and delivered to the Contractor constitutes the Owner's acceptance of24
the Contractor's Proposal Package. A signed copy of the Work Order25
will be provided to the Contractor.26
27
5.In the event that immediate emergency response is necessary, the28
Contractor shall be required to follow alternative procedures as29
established by the Owner. The Contractor shall begin work as directed30
notwithstanding the absence of a fully developed Request for Proposal,31
Detailed Scope of Work, or Work Order. The Contractor shall be32
compensated in accordance with the Construction Task Catalog® and33
Non Pre-priced Tasks as if the work had been ordered under the34
standard procedures.35
36
F.Review of Contract Documents and Field Conditions37
38
1. The Contractor shall carefully study and compare the Contract39
Documents and shall at once report to the Project Manager any40
discrepancy or inconsistency that may be discovered. The Contractor41
shall not be liable to the Owner or the Project Manager for any damage42
resulting from any such inconsistencies or discrepancies in the43
Contract Documents unless the Contractor recognized such44
inconsistencies or discrepancies and knowingly failed to report it to the45
Project Manager, or the Contractor was responsible for the preparation46
of the Contract Documents. The Contractor shall perform no portion of47
the Work at any time unless authorized by the Contract Documents or,48
where required, approved Shop Drawings, Product Data or Samples49
for such portion of the Work.50
51
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2. Neither the Owner nor the Project Manager or Architect assume any1
responsibility for an understanding or representation made by any of2
their agents or representation prior to the execution of the Agreement3
unless (1) such understanding or representations are expressly stated4
in the Agreement, and (2) the Agreement expressly provides that5
responsibility therefore is assumed by the Owner.6
7
3. Failure by the Contractor to acquaint himself/herself with all available8
information will not relieve him/her from responsibility for estimating9
properly the difficulty or cost of successfully performing the Work.10
11
4. The Contractor shall take field measurements and verify field conditions12
and shall carefully compare such field measurements and conditions13
and other information known to the Contractor with the Contract14
Documents before commencing activities. Any inconsistencies or15
discrepancies discovered by the Contractor shall be reported to the16
Project Manager at once.17
18
5. Before submitting any Request for Information (RFI), or other contractor19
initiated request for information, the Contractor shall determine that the20
information requested is not clearly provided in the Contract21
Documents. RFI’s shall be submitted to the Project Manager only from22
the Contractor, or Owner, and not from any subcontractor, supplier or23
other vendor, and shall be on a form approved by the Project Manager.24
The Contractor shall provide a revised and updated RFI Priority25
Schedule on a weekly basis. The RFI Priority Schedule shall rank RFI’s26
in order of priority and include a brief statement of reason for priority.27
Owner initiated RFI’s will not be listed on the Contractor’s RFI Priority28
Schedule. The Owner will provide the Architect or Engineer a separate29
list of Owner initiated RFI’s upon request of the Architect or Engineer.30
The Architect or Engineer will endeavor to respect the order of priorities31
as requested by the Contractor or Owner for the overall benefit of the32
Project. The RFI process is for information and clarification only and33
may not be utilized to obtain approval for changes in Work Order Price34
or time. Also see Division 01 - General Requirements.35
36
G.Supervision Procedures37
38
1. The Contractor shall efficiently supervise and direct the Work, using39
therein the Contractor’s best skill and diligence for which he/she is40
remunerated in the Work Order Price. He/She shall carefully inspect41
the site and study and compare the Contract Documents, as ignorance42
of any phase of any of the features or conditions affecting the Contract43
will not excuse him/her from carrying out its provisions to its full intent.44
45
2. The Contractor shall employ a competent superintendent and46
necessary assistants who shall be in attendance at the project site47
during the progress of the Work. The superintendent shall represent48
the Contractor and all communications given to the superintendent49
shall be as binding as if given to the Contractor. Important50
communications shall be confirmed in writing. Other communications51
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shall be so confirmed upon written request in each case. The 1
Superintendent who begins the project shall remain on the project until 2
the project is completed, as long as the Contractor employs that person. 3
The Superintendent shall not be replaced without the approval of the 4
Owner. 5
6
3. The Contractor shall be responsible to the Owner for the acts and7
omissions of his/her employees, subcontractors and their agents and8
employees, and other persons performing any of the Work under a9
contract with the Contractor.10
11
4. The Contractor shall at all times enforce strict discipline and good order12
among his/her employees and shall not employ on the Work any unfit13
person or anyone not skilled in the task assigned to him/her.14
15
5.The Contractor shall not be relieved from his/her obligations to16
perform the Work in accordance with the Contract Documents either17
by the activities or duties of the Owner or the Architect or Engineer in18
his/her administration of the Contract, or by inspections, tests or19
approvals required or performed by persons other than the20
Contractor.21
22
6.Contractor shall alert and inform their employees that State law23
requires that the identities of inmates/wards/patients/clients be kept24
confidential. Revealing the identities of inmates/wards/patients/clients25
is punishable by law.26
27
H.Construction Procedures28
29
1.For any work that takes place within secured facilities: All access to30
the construction site shall be coordinated with the appropriate Fresno31
County department as identified in the Detailed Scope of Work.32
Security background checks will be required for any employee that33
performs work within the secure perimeter of a facility. Security34
background forms can be obtained from the Project Manager. After35
the acceptance of the Contractor’s Work Order Proposal but prior to36
the Notice to Proceed and the commencement of work, the forms for37
all required persons shall be submitted to the appropriate department38
for review. Vendor badges and/or other forms of identification will39
then been issued which must be worn at all times while within the40
secured areas of the site. The costs for the required background41
checks will be borne by the County.42
43
2.Means and Methods - The Contractor shall be solely responsible for44
and control of construction means, methods, techniques, sequences,45
coordination and procedures for all the Work of this contract.46
Additionally, he/she shall be responsible for safety precautions and47
programs in connection with the Work.48
49
3.The Contractor shall coordinate all work with the Project Manager to50
minimize any interruptions to the normal operation of any affected51
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facilities; particularly interruptions to air conditioning, electrical services, 1
alarm systems, communications and computer systems. The 2
Contractor shall be responsible for all costs incurred by the Owner on 3
a system as a result of work by the Contractor or damage caused by 4
the Contractor’s operations, including costs associated with false fire 5
alarms caused by Contractor’s operations. 6
7
4.Laws of County and State - The Contractor must comply with all laws,8
rules, regulations, provisions and ordinances of the County in which the9
Work is being done, and all State laws pertaining to the Work.10
11
5.Safeguards - The Contractor shall provide, in conformity with all local12
codes and ordinances and as may be required, such temporary walls,13
fences, guard-rails, barricades, lights, danger signs, enclosures, etc.,14
and shall maintain such safeguards until all work is completed.15
16
6.Housekeeping - Contractor shall keep the premises free of excess17
accumulated debris. Clean up as required and as directed by the18
Project Manager. At completion of work all debris shall be removed19
from the site. Refer to General Requirements for additional20
requirements.21
22
7.Labor and Materials - Unless otherwise provided in the Contract23
Documents, the Contractor shall provide and pay for all labor,24
materials, equipment, tools, construction equipment and machinery,25
water, heat, utilities, transportation, and other facilities and services26
necessary for the proper execution and completion of the Work,27
whether temporary or permanent and whether or not incorporated or to28
be incorporated in the Work.29
30
8.The Contractor shall deliver to the Project Manager, prior to final31
acceptance of the Work as a whole, signed certificates from suppliers32
of materials and manufactured items stating that such items conform to33
the Contract Documents.34
35
9.The Contractor, immediately upon Notice to Proceed of each individual36
Work Order (or where shop drawings, samples, etc., are required,37
immediately upon receipt of review thereof) shall place orders for all38
materials, work fabrication, and/or equipment to be employed by39
him/her in that portion of the Work contracted for. The Contractor shall40
keep all materials, work fabrications and/or equipment specified and41
shall advise the Project Manager promptly, in writing, of all orders42
placed and of such materials, work fabrications and/or equipment which43
may not be available in a timely manner for the purposes of the44
Contract.45
46
10.Any worker whose work is unsatisfactory to the Owner or the Architect47
or Engineer, or are considered by the Owner or Architect or Engineer48
to be careless, incompetent, unskilled or otherwise unfit shall be49
dismissed from work under the Contract upon written request to the50
Contractor from the Owner or the Architect or Engineer.51
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1
11.Temporary Facilities – Contractor may connect to existing water and2
electricity available on the site provided it is suitable to the Contractor’s3
requirements. Water and electricity used will be paid by the Owner.4
Contractor shall bear all expenses for carrying the water or electricity5
to the appropriate locations and to connect or tap into existing lines.6
Toilet facilities may be available on a site to the workmen engaged in7
the performance of this contract. It shall be the responsibility of the8
Contractor to confirm with the Owner the availability of toilet facilities on9
the site. The use of such facilities may be revoked in the event of10
excess janitorial requirements.11
12
12.Contractor shall not perform any fire hazardous operation adjacent to13
combustible materials. Any fire hazardous operation shall have proper14
fire extinguisher close by and the adjacent area shall be policed before15
stopping work for the day. Contractor shall provide not less than one16
OSHA/NFPA Class 6-ABC fire extinguisher for each 9,000 square feet17
of project area or fraction thereof.18
19
13.Contractor shall erect temporary dust separation partitions and floor20
mats as necessary to confine dust and debris within area of work.21
Contractor shall post signs, erect and maintain barriers and warning22
devices for the protection of the general public and Owner personnel.23
The Contractor shall provide adequate protection for all parts of the24
present building and its contents and occupants wherever work under25
this contract is to be performed. The Contractor shall observe that the26
health and welfare of occupants of the existing building may be affected27
by noises and fumes produced by the construction. Insofar as is28
possible, loud and unnecessary noise is to be avoided and noise29
producing work should be performed as far away from occupied areas30
as is consistent with the efficient conduct of the work.31
32
14.Trenching and Excavation - In accordance with Section 7104 of the33
California Public Contract Code, the following provisions shall apply to34
any contract involving digging of trenches or other excavations that35
extend deeper than four feet below the surface:36
37
a.The contractor shall promptly, and before the following38
conditions are disturbed, notify the Owner, in writing, of any:39
40
i.Material that the contractor believes may be material41
that is hazardous waste, as defined in Section 25117 of42
the Health and Safety Code that is required to be43
removed to a Class I, Class II, or Class III disposal site44
in accordance with provisions of existing law.45
46
ii.Subsurface or latent physical conditions at the site47
differing from those indicated.48
49
iii.Unknown physical conditions at the site of any unusual50
nature, different materially from those ordinarily51
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encountered and generally recognized as inherent in 1
work of the character provided for in the contract. 2
3
b.The Owner shall promptly investigate the conditions, and if it4
finds that the conditions do materially so differ, or do involve5
hazardous waste, and cause a decrease or increase in the6
contractor's cost of, or the time required for, performance of any7
part of the work, shall issue a Supplemental Work Order in8
accordance with the provisions of Section 2.09 of the General9
Conditions.10
11
c.In the event that a dispute arises between the Owner and the12
contractor whether the conditions materially differ, or involve13
hazardous waste, or cause a decrease or increase in the14
contractor's cost of, or time required for, performance of any15
part of the work, the contractor shall not be excused from any16
scheduled completion date provided for by the contract, but17
shall proceed with all work to be performed under the contract.18
The contractor shall retain any and all rights provided either by19
contract or by law which pertain to the resolution of disputes and20
protests between the contracting parties.21
22
23
2.10 SUBCONTRACTORS 24
25
A.Agreements - Agreements between the Contractor, Subcontractors, and26
Subcontractors of lower tier shall be subject to the approval of the Owner, but27
in no case does such approval relieve the Contractor of any conditions imposed28
by the Contract Documents. The Contractor shall only use subcontractors29
included in his/her Work Order Proposal unless first approved by the Owner30
pursuant to statute. The Contractor shall not use any subcontractor who is31
ineligible to perform work on a Public Works Project pursuant to section 1777.132
or 1777.7 of the Labor Code. Notwithstanding any other provision of the33
Contract Documents, subcontractors may be added, deleted or substituted34
only in accordance with the provisions of Public Contract Code Section 410035
et seq.36
37
B. Relation with Subcontractor – By an appropriate agreement, written where38
legally required for enforceability, the Contractor shall bind every39
Subcontractor and require therein that every Subcontractor agrees to be bound40
by the terms of the Contract Documents to carry out their provisions insofar as41
applicable to their work; and the Contractor further agrees to pay to each42
Subcontractor promptly upon issuance of Certificate of Payment, his/her or43
their due portion. Said agreement shall preserve and protect the rights of the44
Owner and the Architect under the Contract Documents with respect to the45
work to be performed by the Subcontractor so that the subcontracting thereof46
will not prejudice such rights, and shall allow to the Subcontractor, unless47
specifically provided otherwise in the Contractor-Subcontractor Agreement,48
the benefit of all rights, remedies and redress against the Contractor that the49
Contractor, under the Contract Documents, has against the Owner. Where50
appropriate, the Contractor shall require each Subcontractor to enter into51
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similar agreements with their Sub-subcontractors. The Contractor shall make 1
available to each proposed Subcontractor, prior to the execution of the 2
Subcontract, copies of the Contract Documents to which the Subcontractor will 3
be bound by this Paragraph and identify to the Subcontractor any terms and 4
conditions of the proposed Subcontract which may be at variance with the 5
Contract Documents. Each Subcontractor shall similarly make copies of 6
Contract Documents available to their Sub-subcontractors. Nothing contained 7
herein shall be deemed to create an agency relationship between the Owner 8
and any Subcontractor or material supplier. 9
10
C.Owner's Relation - Neither the acceptance of the name of Subcontractor nor11
the suggestion of such name nor any other act of the Owner or Architect nor12
anything contained in any Contract Document is to be construed as creating13
any contractual relation between the Owner (or Owner’s authorized14
representatives) and any Subcontractor of any tier nor as creating any15
contractual relation between the Architect and any Subcontractor of any tier.16
17
D. All Subcontractors employed by the Contractor shall be appropriately licensed18
in conformity with the laws of the State of California.19
20
E. Jurisdictional disputes between Subcontractors or between Contractor and21
Subcontractor shall not be mediated or decided by the Owner or the Architect.22
The Contractor shall be responsible for the resolution of all such disputes23
based upon his/her contractual relationship with his/her Subcontractors.24
25
26
2.11 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE 27
CONTRACTS 28
29
A.The Owner reserves the right to perform work related to the Project with the30
Owner's own forces, and to award separate contracts in connection with other31
portions of the Project or other work on the site under these or similar32
Conditions of the Contract. If the Contractor claims that the Owner’s action33
results in delay, damage or additional cost attributable thereto, the Contractor34
shall make such claim as provided elsewhere in the Contract Documents.35
36
B.When separate contracts are awarded for different portions of the Project or37
other work on the site, the term Contractor in the Contract Documents in each38
case shall mean the Contractor who executes each separate Owner-39
Contractor Agreement.40
41
C.The Owner shall provide for coordination of the activities of the Owner's own42
forces and of each separate contractor with the Work of the Contractor, who43
shall cooperate with them. The Contractor shall participate with other separate44
contractors and the Owner in reviewing their construction schedules when45
directed to do so. The Contractor shall make any revisions to the construction46
schedule deemed necessary after a joint review and mutual agreement. The47
construction schedules shall then constitute the schedules to be used by the48
Contractor, separate contractors and the Owner until subsequently revised.49
50
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D.Unless otherwise provided in the Contract Documents, when the Owner1
performs construction or operations related to the Project with the Owner's own2
forces, the Owner shall be deemed to be subject to the same obligations and3
to have the same rights which apply to the Contractor under the Conditions of4
the Contract.5
6
7
2.12 MUTUAL RESPONSIBILITY 8
9
A.The Contractor shall afford the Owner and separate contractors reasonable10
opportunity for introduction and storage of their materials and equipment and11
performance of their activities and shall connect and coordinate the12
Contractor's construction and operations with theirs as required by the Contract13
Documents.14
15
B.When any part of the Contractor's Work depends upon proper execution or16
results of the work of the Owner or any separate contractor, the Contractor17
shall, prior to proceeding with the Work, promptly report to the Project Manager18
any apparent discrepancies or defects in such other work that render it19
unsuitable for such proper execution and results. Failure of the Contractor so20
to report shall constitute an acceptance of the Owner's or separate contractor's21
work as fit and proper to receive the Work, except as to defects which may22
subsequently become apparent in such work by others.23
24
C.If, following the reporting of any discrepancy or defect as required herein25
above, the Contractor suffers damage due to disruption or delay caused by the26
separate contractor, without fault by the Owner, the Contractor's remedy shall27
be limited to seeking recovery from the separate contractor.28
29
D.Any costs caused by defective or ill-timed work shall be borne by the Contractor30
responsible therefor.31
32
E.Should the Contractor cause damage to the work or property of the Owner, or33
to other work or property on the site, the Contractor shall promptly remedy such34
damage as provided herein.35
36
F.Should the Contractor wrongfully delay or cause damage to the work or37
property of any separate contractor, the Contractor shall, upon due notice,38
promptly attempt to settle with such other contractor by agreement, or39
otherwise to resolve the dispute. If such separate contractor sues the Owner40
on account of any delay or damage alleged to have been caused by the41
Contractor, the Owner shall notify the Contractor who shall defend such42
proceedings, and if any judgment or award against the Owner (or Owner’s43
authorized representatives) arises therefrom, the Contractor shall pay or44
satisfy such judgment or award in full and shall reimburse the Owner for all45
costs which the Owner has incurred in connection with such matter.46
47
48
2.13 OWNER'S RIGHT TO CLEAN UP 49
50
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If a dispute arises between the Contractor and separate contractors as to their 1
responsibility for cleaning up as required in the Contract Documents, the Owner may 2
clean up and the contractor responsible shall pay Owner such portions of the cost as 3
the Project Manager shall determine to be just. 4
5
6
2.14 GOVERNING LAW 7
8
The Contract shall be governed by the law of the State of California. 9
10
11
2.15 INSPECTION 12
13
A.All material and workmanship (if not otherwise designated by the Contract14
Documents) shall be subject to inspection, examination, and test by the Owner15
and Project Manager at any and all times during manufacture and/or16
construction and at any and all places where such manufacture and/or17
construction are carried on. The Owner and Project Manager shall have the18
right to reject defective material and workmanship or require its correction.19
20
B.The Contractor shall furnish promptly without additional charge, all reasonable21
facilities, labor, and materials necessary for the safe and convenient inspection22
and tests that may be required by the Owner and Project Manager.23
24
C.Where the Contract Documents, instructions by the Owner, laws, ordinances,25
or any public authority having jurisdiction requires work to be inspected, tested26
or approved before work proceeds, such work shall not proceed, nor shall it be27
concealed prior to inspection.28
29
D.The Contractor shall give the Project Manager at least two (2) business days30
advance notice of the readiness for any Contract compliance inspection by the31
Inspector. The Contractor shall give notice as required by all other inspecting32
and testing agencies of jurisdiction for Code and regular compliance33
inspection. In all cases, the Contractor shall schedule inspections so as not to34
delay the Work.35
36
E.If the Project Manager determines that any work requires additional special37
inspection beyond that identified in the specifications, the Project Manager will,38
upon written authorization from the Owner, instruct the Contractor to order39
such special inspection, testing or approval, and the Contractor shall give40
notice as provided above. If such special inspection or testing reveals a failure41
of the Work to comply with the requirements of the Contract Documents, the42
Contractor shall bear all costs thereof, including compensation for the Project43
Manager’s additional services, testing or inspections made necessary by such44
failure; otherwise the Owner shall bear such costs, and an appropriate45
Supplemental Work Order shall be issued.46
47
F. Should it be considered necessary or advisable by the Project Manager at any48
time either before acceptance of the entire Work or after acceptance and within49
the guaranty period to make an examination of work already completed, by50
removing or tearing out same, the Contractor shall on request promptly furnish51
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all necessary facilities, labor, and material. If such work is found to be defective 1
in any material respect, due to the fault of the Contractor or his/her 2
Subcontractors, he/she shall defray all the expenses of such examination and 3
of satisfactory reconstruction. If, however, such work is found to meet the 4
requirements of the contract, any compensation deemed appropriate shall be 5
handled by issuance of a Supplemental Task Order to the Contractor and 6
he/she shall, in addition, if completion of the work has been delayed thereby, 7
be granted a suitable extension of Work Order Time on account of the 8
additional work involved. 9
10
G.Required certificates of inspection, testing or approval shall be secured by the11
Contractor and the Contractor shall promptly deliver them to the Project12
Manager for review and evaluation of compliance with the appropriate13
specifications and standards.14
15
H.When the work is completed the Contractor shall notify the Project Manager in16
writing that the work will be ready for final inspection and test on a definite date17
which shall be stated in such notice.18
19
20
2.16 TAXES, PERMITS, FEES, AND INDEMNIFICATION FOR PATENT INFRINGEMENT 21
CLAIM 22
23
A.The Contractor shall pay for and include all Federal, State and local taxes direct24
or indirect for the work or portions thereof provided by the Contractor which are25
legally enacted at the time the Notice to Proceed is issued, whether or not yet26
enacted, and secure and pay all fees and charges for permits and licenses,27
unless otherwise specified.28
29
B.Royalty and license fees incidental to the use of any patented material, device30
or process shall be paid by the Contractor and in the event of a claim of alleged31
infringement of patent copyright, or Trade Secret rights, the Contractor shall32
indemnify, save the Owner (and Owner’s authorized representatives) free and33
harmless, and defend, at the Contractor's own expense, any and all suits that34
may be brought in such connection.35
36
C.Unless otherwise provided in the Contract Documents, the Owner shall secure37
and pay for the building permit, permanent utility connection fees, and right-of-38
way encroachment permit. The Contractor shall secure and pay for temporary39
construction utilities, and all other permits and governmental fees, licenses and40
inspections necessary for the proper execution and completion of the Work.41
42
D.The Contractor shall give all notices and comply with all laws, ordinances,43
rules, regulations and lawful orders of any public authority bearing on the44
performance of the Work.45
46
E.It is not the responsibility of the Contractor to make certain that the Contract47
Documents are in accordance with applicable laws, statutes, building codes48
and regulations. If the Contractor observes that any of the Contract Documents49
are at variance therewith in any respect, the Contractor shall promptly notify50
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the Project Manager in writing, and any necessary changes shall be 1
accomplished by appropriate Modification. 2
3
F. If the Contractor performs any work knowing it to be contrary to any laws, 4
ordinances, rules and regulations, without notice to the Project Manager, the 5
Contractor shall assume full responsibility therefore and shall bear all costs 6
attributable thereto. 7
8
G. Any reference in the Contract Documents to codes, standard specifications or 9
manufacturer's instructions shall mean the latest printed edition of each in 10
effect at the Contract date. 11
12
13
2.17 CONTRACTOR'S CONSTRUCTION SCHEDULE 14
15
A. Within seven (7) calendar days after receipt of Notice to Proceed for each 16
individual Work Order, the Contractor shall submit a Construction Schedule in 17
CPM (Critical Path Method) form to the Project Manager for approval. The 18
Construction Schedule shall be sufficiently detailed to accurately depict all the 19
work required by the Contract. CPM Construction Schedule shall reflect shop 20
drawings; submittals due and return dates, fabrication and delivery times, cost 21
loading, crew mix, and equipment loading data. The Contractor shall thereafter 22
adhere to the Construction Schedule, as updated monthly, or as necessary in 23
accordance with the Contract Documents including any scope changes, or 24
changes in the work approved by the Owner during the course of construction. 25
"Slack" or "float" time on the CPM Construction Schedule is neither for the sole 26
benefit of the Owner or Contractor. 27
28
29
B. Within fourteen (14) calendar days after the pre-construction conference, the 30
Contractor shall provide a Submittal and Procurement Schedule indicating time 31
periods for review of Shop Drawings, Data, Samples, and procurement of 32
material and equipment required for the Work. Contractor shall allow time for 33
submittal review in accordance with the General Requirements Section – 34
Construction Progress Documentation. All items that require review by the 35
Project Manager and/or are not readily available from stock and requiring more 36
than thirty-five (35) days lead-time shall be included in the Submittal and 37
Procurement Schedule. Items listed in the Submittal and Procurement 38
Schedule shall also be identified as activities on the CPM Construction 39
Schedule. Contractor shall identify items requiring coordination with work of 40
separate contractors. The working day to calendar date correlation shall be 41
based upon the Contractor’s proposed work week with adequate allowance for 42
legal holidays, days lost due to abnormal weather, and any special 43
requirements of the Project. 44
45
C. The Construction Schedule shall be prepared and maintained by the 46
Contractor. 47
48
D. The Owner, Project Manager, Contractor and other Contractor(s) shall jointly 49
review the progress of the work weekly. Should this review, in the opinion of 50
the Project Manager, indicate that the work is behind the schedule established 51
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by currently reviewed Construction Schedule, the Contractor shall either (1) 1
provide a plan to the Project Manager indicating the steps the Contractor 2
intends to take in order to recover the time behind schedule and conform to the 3
reviewed Construction Schedule; or (2) submit a revised Construction 4
Schedule for completion of the work, remaining within the Work Order 5
Completion Time, to the Project Manager for review by the next weekly 6
meeting. If the Contractor’s recovery or revised schedule requires work to 7
occur during Other Than Normal Working Hours, the Contractor will be 8
responsible for any resulting costs incurred by the Owner, including but not 9
limited to, the costs for construction management, contract administration, 10
inspection, testing and staffing. 11
12
E.The Contractor shall deliver copies of his/her daily job logs to the Project13
Manager and Owner on a weekly basis or as otherwise agreed to by Owner.14
At a minimum, the Contractor’s daily job log should include the sub-contractors15
working onsite, number of workers and their trade classification, description of16
work, visitors, temperature and weather conditions, accidents, delays, and any17
other important information pertaining to the project that day. The Contractor18
will schedule and coordinate the Work of all sub-contractors on the Project.19
The Contractor will keep the Sub-contractors informed of the Construction20
Schedule to enable the Contractor to plan and perform the Work properly.21
22
23
2.18 RECORDS, DOCUMENTS AND SAMPLES AT THE SITE 24
25
A.The Contractor shall maintain all records of required Review Agencies, County26
or State inspections and shall promptly notify the Project Manager of the results27
of any inspection. Copies of all such records shall be provided to the Owner.28
29
B.The Contractor shall secure and maintain required certificates of inspection,30
testing or approval and shall promptly deliver them to the Project Manager.31
32
C.The Contractor shall maintain at the Project site, on a daily basis, one (1)33
record copy of all Drawings, Specifications, Addenda, Work Orders and other34
Modifications, in good order and marked currently to record all changes made35
during construction, and reviewed Shop Drawings, Product Data and Samples.36
These shall be available to the Project Manager and the Owner and reviewed37
weekly, and shall be delivered to the Project Manager for forwarding to the38
Owner upon completion of the Project. The Contractor shall advise the Project39
Manager on a current basis of all changes in the Work made during40
construction. Payment may be withheld from Contractor for failure to maintain41
current Record Documents.42
43
44
2.19 USE OF SITE 45
46
A.The Contractor shall confine operations at the site to areas permitted by law,47
ordinances, permits and the Contract Documents, and shall not unreasonably48
encumber the site with any materials or equipment.49
50
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B.The Contractor shall coordinate all of the Contractor's operations with, and1
secure approval from, the Project Manager before using any portion of the site.2
Also see Technical Specifications, Division I, General Requirements.3
4
5
2.20 CUTTING AND PATCHING OF WORK 6
7
A.The Contractor shall be responsible for all cutting, fitting or patching that may8
be required to complete the Work or to make its several parts fit together9
properly.10
11
B.The Contractor shall not damage or endanger any portion of the Work or the12
work of the Owner or any separate contractors by cutting, patching or otherwise13
altering any work, or by excavation. The Contractor shall not cut or otherwise14
alter the work of the Owner or any separate contractor except with the written15
consent of the Owner and of such separate contractor. The Contractor shall16
not unreasonably withhold from the Owner or any separate contractor consent17
to cutting or otherwise altering the Work.18
19
C.The Contractor in all cases shall exercise extreme care in any cutting20
operations, and perform such operations under adequate supervision by21
competent mechanics skilled in the applicable trade. Openings shall be neatly22
cut and shall be kept as small as possible to avoid unnecessary damage.23
Careless and/or avoidable cutting damage, etc., will not be tolerated, and the24
Contractor will be held responsible for such avoidable or willful damage.25
26
D.All replacing, patching and repairing of all materials and surfaces cut or27
damaged in the execution of the Work shall be performed by experienced28
mechanics of the several trades involved. All work of such nature shall be done29
with the applicable materials, in such a manner that all surfaces so replaced,30
repaired, or patched, will, upon completion of the Work, match the surrounding31
similar surfaces.32
33
34
2.21 CLEANING UP 35
36
A. The Contractor shall at all times keep the premises free from accumulation of37
waste materials or rubbish caused by the Contractor's operations. At the38
completion of the Work, the Contractor shall remove all the Contractor's waste39
materials and rubbish from and about the Project as well as all the Contractor's40
tools, construction equipment, machinery and surplus materials.41
42
B.If the Contractor fails to clean up at the completion of the Work, the Owner may43
do so and the cost thereof shall be paid by the Contractor.44
45
46
2.22 INDEMNIFICATION 47
48
A. To the fullest extent permitted by law, Contractor agrees to and shall indemnify,49
save, hold harmless and at Owner’s request, defend Owner and its officers,50
agents and employees, and the Architect and Consultants and their respective51
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officers, agents and employees, from any and all costs and expenses, attorney 1
fees and court costs, damages, liabilities, claims and losses occurring or 2
resulting to Owner, the Architect or Consultants in connection with the 3
performance, or failure to perform, by Contractor, its officers, agents or 4
employees under this Agreement, and from any and all costs and expenses, 5
attorney fees and court costs, damages, liabilities, claims and losses occurring 6
or resulting to any person, firm or corporation who may be injured or damaged 7
by the performance, or failure to perform, of Contractor, its officers, agents or 8
employees under this Agreement. In addition, Contractor agrees to indemnify 9
Owner for Federal, State of California and/or local audit exceptions resulting 10
from non-compliance herein on the part of Contractor. 11
12
B.In any and all claims against the Owner, the Architect or Consultants, or any of13
their respective officers, agents or employees, initiated by any employee of the14
Contractor, any Subcontractor, anyone directly or indirectly employed by any15
of them or anyone for whose acts any of them may be liable, the16
indemnification obligation set forth in the immediately preceding paragraph17
shall not be limited in any way by any limitation on the amount or type of18
damages, compensation or benefits payable by or for the Contractor or any19
Subcontractor under workmen’s compensation acts, disability benefit acts or20
other employee benefit acts.21
22
1.Independent Contractor: In performance of the work, duties and23
obligations assumed by Contractor under this Agreement, it is mutually24
understood and agreed that Contractor, including any and all of the25
Contractor's officers, agents, and employees will at all times be acting26
and performing as an independent contractor, and shall act in an27
independent capacity and not as an officer, agent, servant, employee,28
joint venturer, partner, or associate of the Owner. Furthermore, Owner29
shall have no right to control or supervise or direct the manner or30
method by which Contractor shall perform its work and function.31
However, Owner shall retain the right to administer this Agreement so32
as to verify that Contractor is performing its obligations in accordance33
with the terms and conditions thereof.34
35
Contractor and Owner shall comply with all applicable provisions of36
law and the rules and regulations, if any, of governmental authorities37
having jurisdiction over matters the subject thereof.38
39
Because of its status as an independent contractor, Contractor shall40
have absolutely no right to employment rights and benefits available41
to Owner employees. Contractor shall be solely liable and responsible42
for providing to, or on behalf of, its employees all legally-required43
employee benefits. In addition, Contractor shall be solely responsible44
and save Owner harmless from all matters relating to payment of45
Contractor's employees, including compliance with Social Security46
withholding and all other regulations governing such matters. It is47
acknowledged that during the term of this Agreement, Contractor may48
be providing services to others unrelated to the Owner or to this49
Agreement50
51
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20-J-04
20-J-05
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2.23 FAIR EMPLOYMENT PRACTICES CLAUSE 1
2
Nondiscrimination: In connection with the performance of Work under the contract, 3
the Contractor agrees (as prescribed in Chapter 6 of Division 3 of Title II of the 4
Government Code of the State of California, commencing at Section 12900 and by 5
Labor Code Section 1735) not to discriminate against any employee or applicant for 6
employment because of race, religious creed, color, national origin, ancestry, 7
physical disability, mental disability, medical condition, marital status or sex. The 8
aforesaid provisions shall include, but not be limited to, the following: employment, 9
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or 10
termination, rates of pay or other forms of compensation, and selection for training, 11
including apprenticeship. The Contractor agrees to post hereafter in conspicuous 12
places, available for employees and applicants for employment, Notices to be 13
provided by the County, setting forth the provisions of this discrimination clause. The 14
Contractor further agrees to insert the foregoing provisions in all subcontracts 15
hereunder, except subcontracts for standard commercial supplies of raw materials. 16
17
18
2.24 PAYMENT 19
20
A.The Owner shall make one payment for all Work Orders that have a Work21
Order Completion Time of 45 days or less, or a Work Order Price of $25,00022
or less. For all other Work Orders, the Owner may make partial, monthly23
payments based on a percentage of the work completed.24
25
B.SCHEDULE OF VALUES26
27
Before the first Application for Payment, the Contractor shall submit to the28
Project Manager a Schedule of Values allocated to the various portions of the29
Work, prepared in such form and supported by such data to substantiate its30
accuracy as the Project Manager may require. This schedule, unless objected31
to by the Project Manager, shall be used only as a basis for the Contractor's32
Applications for Payment.33
34
C.APPLICATIONS FOR PAYMENT35
36
The Owner will make progress payments to the Contractor upon completion of37
portions of the Work, as covered by the Contract Documents, in accordance38
with established Owner procedures. Before submitting an Application for39
Payment (Final or Partial) the Contractor shall reach an agreement with the40
Project Manager (in consultation with the Architect) concerning the percentage41
complete of the Detailed Scope of Work and the dollar value for which the42
Application for Payment may be submitted.43
44
1.On or about the twentieth (20th) of the month in which the work was45
performed, the Contractor shall submit to the Project Manager an46
itemized Application for Payment, notarized if required, supported by47
such data substantiating the Contractor's right to payment as the Owner48
or the Project Manager may require, including appropriate updates to49
the Construction Schedule, and reflecting retainage, if any, as provided50
elsewhere in the Contract Documents. Payment is expressly51
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conditioned upon submission by the Contractor of conditional and 1
unconditional waivers and release of lien rights upon progress payment 2
as the Owner or the Architect may require. Waiver and Release forms 3
must be submitted on forms approved by the Owner. Copies of said 4
forms shall comply with Civil Code Section 8132 through 8138, 5
inclusive. 6
7
2.Unless otherwise provided in the Contract Documents, payments may8
be made on account of materials or equipment not incorporated in the9
Work but delivered and suitably stored at the site and, if approved in10
advance by the Owner, payments may similarly be made for materials11
or equipment suitably stored at some other location agreed upon in12
writing. Payments for materials or equipment stored on or off the site13
shall be conditioned upon submission by the Contractor of bills of sale14
or such other procedures satisfactory to the Owner to establish the15
Owner's title to such materials or equipment or otherwise protect the16
Owner's interest, including applicable insurance and transportation to17
the site for those materials and equipment stored off the site.18
19
3.The Contractor warrants that title to all work, materials and equipment20
covered by an Application for Payment will pass to the Owner either by21
incorporation in the construction or upon receipt of payment by the22
Contractor, whichever occurs first, free and clear of all liens, stop23
notices, claims, security interest or encumbrances, hereinafter referred24
to as "liens"; and that no work, materials or equipment covered by an25
Application for Payment will have been acquired by the Contractor, or26
by any other person performing work at the site or furnishing materials27
and equipment for the Project, subject to an agreement under which an28
interest therein or an encumbrance thereon is retained by the seller or29
otherwise imposed by the Contractor or such other person.30
31
4.On or about the twentieth (20th) day of the month following the month32
in which the work was performed, the Owner shall pay to the Contractor33
ninety-five percent (95%) of the value of said work in place, as checked34
and approved by the Project Manager. The balance of five percent35
(5%) of the estimate shall be retained by the Owner until the time of36
final acceptance of said work. In lieu of the five percent (5%) retainage,37
the Contractor may substitute securities as provided herein below.38
39
a.If the Owner does not pay the Contractor within thirty (30) days40
after receipt of an undisputed and properly submitted payment41
request for a progress payment, excluding that portion of the42
final payment designated by the contract as retention earnings,43
then the Owner shall pay interest to the Contractor as provided44
by Public Contract Code Section 20104.50. Said interest45
penalty is the sole recourse of Contractor and Contractor shall46
have no right to stop the Work until payment of the amount47
owing has been received, nor shall the Work Order Completion48
Time be extended, nor shall the Work Order Price be increased49
in any way, including by reason of any costs incurred by50
Contractor, except to the extent of said interest payment.51
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20-J-04
20-J-05
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1
b.Pursuant to Public Contract Code Section 7107, in the event of2
a dispute between the Owner and Contractor, the Owner may3
withhold from the final payment an amount not to exceed one4
hundred and fifty percent (150%) of the disputed amount.5
Except as so provided, the Owner shall release the retention6
withheld within sixty (60) days after the date of Work Order7
completion of the work of improvement, as "completion" is8
defined in Public Contract Code Section 7107. In the event that9
retention payments are not made within the time periods10
required by Public Contract Code Section 7107, the Owner may11
be subject to the interest provisions of Public Contract Code12
Section 7107.13
14
5.Security Substitutions and Escrow for Moneys Withheld to Insure15
Contractor's Performance. Pursuant to Public Contract Code section16
22300, the Contractor may deposit in an escrow, equivalent securities17
for any moneys withheld to ensure performance and have said moneys18
paid directly to Contractor, or, in the alternative, have the Owner deposit19
such moneys directly into an escrow. Upon the closing of any such20
escrow, Contractor shall pay to each Subcontractor, not later than21
twenty (20) days after receipt of the closing payment, the respective22
amount of interest earned, net of costs attributed to retention withheld23
from each Subcontractor, on the amount of retention withheld to insure24
the performance of the Contractor. Any escrow established pursuant25
to this article shall be with a state or federally chartered bank, shall be26
at the sole expense of the Contractor, and shall be established using27
an escrow agreement in substantially the following form:28
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20-J-04
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(Begin Escrow Agreement) 1
2
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION 3
4
This Escrow Agreement is made and entered into by and between the County of Fresno, 5
(hereinafter called "Owner"), __________________________________________________ 6
(hereinafter called "Contractor"); and 7
______________________________________________, a state or federally chartered bank 8
in California, (hereinafter called "Escrow Agent"). 9
10
11
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree 12
as follows: 13
14
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, 15
Contractor has the option to deposit securities with Escrow Agent as a substitute for 16
retention earnings required to be withheld by Owner pursuant to the Construction 17
Contract entered into between the Owner and Contractor for 18
________________________________________________________ in the amount 19
of $_______________________, and dated ______________ (hereinafter referred to 20
as the "Contract"). Alternatively, on written request of the contractor, the owner shall 21
make payments of the retention earnings directly to the escrow agent. When 22
Contractor deposits the securities as a substitute for Contract earnings, the Escrow 23
Agent shall notify the Owner within ten (10) days of the deposit. The market value of 24
the securities at the time of the substitution, as valued by the Owner, shall be at least 25
equal to the cumulative total cash amount then required to be withheld as retention 26
under the terms of the contract between Owner and Contractor. If the Owner 27
determines that the securities are not adequate it will notify Contractor and Escrow 28
Agent, and Contractor shall deposit additional security as further determined by the 29
Owner. Securities shall be held in the name of the Owner and shall designate the 30
Contractor as the beneficial owner. 31
32
2. Securities eligible for investment under subdivision (c) of the above-referenced 33
Section 22300 shall include those listed in Section 16430 of the Government Code, 34
and shall also include bank or savings and loan certificates of deposit, interest-bearing 35
demand deposit accounts, and standby letters of credit. Deposit of any other type of 36
security may be permitted only by mutual agreement of the Contractor and the Owner, 37
evidenced by an amendment to this agreement executed by all of the parties hereto. 38
39
3. Upon the deposit of adequate securities, Owner shall make progress payments to the 40
Contractor for such funds which otherwise would be withheld from progress payments 41
pursuant to the Contract provisions. 42
43
4. When the Owner, at Contractor's written request, makes payment of retentions earned 44
directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the 45
Contractor until such time as the escrow created under this contract is terminated. The 46
Contractor may direct the investment of the payments into securities. All terms and 47
conditions of this agreement and the rights and responsibilities of the parties shall be 48
equally applicable and binding when the Owner pays the Escrow Agent directly. 49
50
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5.Contractor shall be responsible for paying all fees for the expenses incurred by Escrow1
Agent in administering the Escrow Account and all expenses of the Owner. The2
Owner, Contractor and Escrow Agent shall determine these expenses and payment3
terms.4
5
6.The interest earned on the securities or the money market accounts held in escrow6
and all interest earned on that interest shall be for the sole account of Contractor and7
shall be subject to withdrawal by Contractor at any time and from time to time without8
notice to the Owner.9
10
7.Contractor shall have the right to withdraw all or any part of the principal in the Escrow11
Account only by written notice to Escrow Agent accompanied by written authorization12
from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount13
sought to be withdrawn by Contractor.14
15
8.The Owner shall have the right to draw upon the securities or any amount paid directly16
to Escrow Agent in the event of default by the Contractor. Upon seven (7) days written17
notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall18
immediately convert the securities to cash and shall distribute the cash, including any19
amounts paid directly to Escrow Agent, as instructed by the Owner. Escrow Agent20
shall not be concerned with the validity of any notice of default given by Owner21
pursuant to this paragraph, and shall promptly comply with Owner's instructions to pay22
over said escrowed assets. Escrow Agent further agrees not to interplead the23
escrowed assets in response to conflicting demands and hereby waives any present24
or future right of interpleader.25
26
9.Upon receipt of written notification from the Owner certifying that the Contract is final27
and complete, and that the Contractor has complied with all requirements and28
procedures applicable to the Contract, Escrow Agent shall release to Contractor all29
securities and interest on deposit less escrow fees and charges of the Escrow30
Account. The escrow shall be closed immediately upon disbursement of all moneys31
and securities on deposit and payment of fees and charges.32
33
10. Escrow Agent shall rely on the written notifications from the Owner and Contractor34
pursuant to Sections (6), (7), (8) and (9) of this Agreement and the Owner and 35
Contractor shall hold Escrow Agent harmless from Escrow Agent's release and 36
disbursement of the securities and interest as set forth above. 37
38
11. Securities eligible for investment under this Agreement, as provided by Public Contract39
Code Section 22300, shall be those listed in Section 16430 of the Government Code, 40
bank or savings and loan certificates of deposit, interest bearing demand deposit 41
accounts, standby letters of credit, or any other security mutually agreed to by the 42
Contractor and Owner. 43
44
12. The venue of any litigation concerning the rights and obligations of the parties to this45
agreement shall be the County of Fresno and the parties hereto waive the removal 46
provisions of Code of Civil Procedure Section 394. 47
48
13. The names of the persons who are authorized to give written notice or to receive49
written notice on behalf of the Owner and on behalf of Contractor in connection with 50
the foregoing, and exemplars of their respective signatures are as follows: 51
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1
On behalf of Owner: On behalf of Contractor: 2
3
Title – Business Manager Title 4
5
Name – Lemuel Asprec Name 6
7
Signature ___________________________ Signature _______________________ 8
9
Address- 2220 Tulare, 6th Floor Address 10
Fresno, CA 93721 11
12
On behalf of Escrow Agent: 13
14
Title 15
Name 16
Signature 17
Address 18
19
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the 20
Escrow Agent a fully executed counterpart of this Agreement. 21
22
23
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper 24
officers on the date first set forth above. 25
26
Owner: Contractor: 27
28
Title – Steven White, Director Title 29
Department of Public Works and Planning Name 30
31
Signature ___________________________ Signature________________________ 32
33
Address- 2220 Tulare, 6th Floor Address 34
Fresno, CA 93721 35
36
Escrow Agent: 37
38
Title 39
40
Name 41
42
Signature 43
44
Address 45
46
47
(End Escrow Agreement) 48
49
50
51
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6.Itemized Breakdown: The Contractor shall submit a financial1
breakdown of the work, itemized by crafts or sections as designated by2
the Owner. The Contractor's payment shall be based upon the monthly3
percentage of completion of these items.4
5
7.Lien Waivers: The Owner may require the Contractor to submit, along6
with the progress payment request, notarized lien waivers from each7
Subcontractor, materials or equipment supplier. Lien waivers shall8
comply with Civil Code Section 8132, et seq., and the aggregate sum9
thereof shall reflect all progress payments previously made.10
11
D.CERTIFICATES FOR PAYMENT12
13
1.The Project Manager shall, within seven (7) days after the receipt of the14
Project Application for Payment, review the Project Application for15
Payment and either issue a Project Certificate for Payment to the16
Owner for such amounts as the Project Manager determines are17
properly due, or notify the Contractor in writing of the reasons for18
withholding a Certificate provided in Part F of this Section 2.24.19
20
2.The issuance of a Project Certificate for Payment will constitute a21
representation by the Project Manager to the Owner that, based on the22
Project Manager's observations at the site as provided herein and the23
data comprising the Project Application for Payment, the Work has24
progressed to the point indicated and that, to the best of the Project25
Manager's knowledge, information and belief, the quality and timeliness26
of the Work is in accordance with the Contract Documents (subject to27
an evaluation of the Work for conformance with the Contract28
Documents upon Completion of the Work, to the results of any29
subsequent tests required by or performed under the Contract30
Documents, to minor deviations from the Contract Documents31
correctable prior to completion, and to any specific qualifications stated32
in the Certificate); and that based upon all currently available33
information, the Contractor is entitled to payment in the amount34
certified. However, by issuing a Project Certificate for Payment, the35
Project Manager shall not thereby be deemed to represent that the36
Project Manager has made exhaustive or continuous on-site37
inspections to check the quality or quantity of the Work, has reviewed38
the construction means, methods, techniques, sequences or39
procedures, or has made any examination to ascertain how or for what40
purpose the Contractor has used the monies previously paid on41
account of the Work Order Price.42
43
E. PROGRESS PAYMENTS44
45
1.After the Project Manager has issued a Project Certificate for Payment,46
the Owner shall make payment in the manner and within the time47
provided in the Contract Documents.48
49
2.The Contractor shall promptly pay each Subcontractor upon receipt of50
payment from the Owner, out of the amount paid to the Contractor on51
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account of such Subcontractor's Work, the amount to which 1
Subcontractor is entitled, reflecting the percentage actually retained, if 2
any, from payments to the Contract on account of such Subcontractor's 3
Work. The Contractor shall, by an appropriate agreement with each 4
Subcontractor, require each Subcontractor to make payments to their 5
Sub-subcontractors in similar manner. 6
7
3.The Project Manager may on request of any Subcontractor, at the8
Project Manager's discretion, furnish to that Subcontractor, if9
practicable, information regarding the percentages of completion or the10
amounts applied for by the Contractor and the action taken thereon by11
the Project Manager on account of Work done by such Subcontractor.12
13
4.Neither the Owner nor the Project Manager shall have any obligation to14
pay or to see to the payment of any monies to any Subcontractor or15
Material Suppliers except as may otherwise be required by law.16
17
5.Neither certification of a progress payment, delivery of a progress18
payment, nor partial or entire use or occupancy of the Project by the19
Owner, shall constitute an acceptance of any Work not performed in20
accordance with the Contract Documents.21
22
F.PAYMENTS WITHHELD23
24
1.The Project Manager may decline to certify payment and may withhold25
the Certificate in whole or in part to the extent necessary to reasonably26
protect the Owner, if, in the Project Manager's opinion, the Project27
Manager is unable to make representations to the Owner as provided28
herein above for Certificates for Payment. If the Project Manager is29
unable to make representations to the Owner and certify payment in30
the amount of the Project Application, the Project Manager will notify31
the Contractor as provided herein. If the Contractor and the Project32
Manager cannot agree on a revised amount, the Project Manager will33
promptly issue a Project Certificate for Payment for the amount for34
which the Project Manager is able to make such representations to the35
Owner. The Project Manager may also decline to certify payment or,36
because of subsequently discovered evidence or subsequent37
observations, the Project Manager may nullify the whole or any part of38
any Project Certificate for Payment previously issued to such extent as39
may be necessary, in the Project Manager's opinion, to protect the40
Owner from loss because of:41
42
a.Defective Work not remedied;43
b.Third party claims filed or reasonable evidence indicating44
probable filing of such claims, including claims by separate45
contractors;46
c.Failure of the Contractor to make payments properly to47
Subcontractors, or for labor, materials or equipment;48
d.Architect’s determination, based upon reasonable evidence,49
that the Work cannot be completed for the unpaid balance of50
the Contract Sum;51
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e.Damage to the Owner or another contractor; 1
f.Architect’s determination, based upon reasonable evidence,2
that the Work will not be accomplished in compliance with the3
Work Order Completion Time;4
g.Persistent failure to carry out the Work in accordance with the5
Contract Documents;6
h.Failure of the Contractor to submit Construction Schedules or7
Submittal and Procurement Schedules as required;8
i.Failure of the Contractor to maintain record drawings on a9
current basis;10
j.Failure of the Contractor to submit notarized lien waivers from11
each Subcontractor, materials or equipment supplier;12
k.Failure of the Contractor to submit certified payroll reports;13
l.Stop notice served upon the Owner.14
15
2.A retention in the amount of one-thousand dollars ($1,000) will be16
withheld from the Contractor’s monthly progress payment for each and17
every required document not submitted in a timely manner by the18
Contractor or its subcontractors up to a maximum of ten-thousand19
dollars ($10,000). For purposes of this Paragraph, the term “required20
document” includes, but is not limited to, certified payrolls, labor21
compliance documents, Disadvantaged Business Enterprise22
documents, and any other information or documents required to be23
submitted by the Contractor or any of its subcontractors under the terms24
of this Agreement or pursuant to applicable federal, state or local laws25
or regulations. The retention provided for in this Paragraph shall be in26
addition to any other deduction or retention allowed under this27
Agreement, and shall be in addition to any other remedy or28
consequence provided by law for untimely submission of any required29
document. Such retention shall remain in effect only until such time as30
the required documents have been submitted by the Contractor or its31
subcontractor(s) and have been determined by the Owner to be both32
complete and acceptable as to form.33
34
3.When the grounds as noted above are removed, payment shall be35
made for amounts withheld on the basis thereof.36
37
G.COMPLETION AND FINAL PAYMENT38
39
1.Following the Contractor's completion of the Work of each individual40
Work Order, the Contractor shall forward to the Project Manager a41
written notice that the Work is ready for final inspection and acceptance,42
and shall also forward to the Project Manager a final Application for43
Payment. Upon receipt, the Project Manager will promptly make such44
inspection. When the Project Manager finds the Work acceptable45
under the Contract documents and the Contract fully performed, the46
Project Manager will issue a Project Certificate for Payment which will47
certify the final payment due the Contractor. This certification will48
constitute a representation that, to the best of the Project Manager's49
knowledge, information and belief, and on the basis of observations50
and inspections, the Work has been completed in accordance with the51
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Terms and Conditions of the Contract Documents and that the entire 1
balance found to be due the Contractor, and noted in said Certificate, 2
is due and payable. The Project Manager's certification of said Project 3
Certificate for Payment will constitute a further representation that the 4
conditions precedent to the Contractor's being entitled to final payment 5
as set forth herein below have been fulfilled. 6
7
2.Neither the final payment on each individual Work Order nor the8
remaining retainage shall become due until the Contractor submits to9
the Project Manager (1) an affidavit that all payrolls, bills for materials10
and equipment, and other indebtedness connected with the Work for11
which the Owner or the Owner's property might in any way be12
responsible, have been paid or otherwise satisfied, (2) consent of13
surety, if any, to final payment, and (3) other data establishing payment14
or satisfaction of all such obligations, such as receipts, releases and15
waivers of liens arising out of the Contract, to the extent and in such16
form as may be designated by the Owner. If any Subcontractor refuses17
to furnish a release or waiver required by the Owner, the Contractor18
may furnish a bond satisfactory to the Owner to indemnify the Owner19
against any such lien. The bond cannot be from the original surety20
insurer for the project or any affiliate of the original surety. If any such21
lien remains unsatisfied after all payments are made, the Contractor22
shall refund to the Owner all monies that the latter may be compelled23
to pay in discharging such lien.24
25
3.All provisions of this Agreement, including without limitation those26
establishing obligations and procedures, shall remain in full force and27
effect notwithstanding the making or acceptance of final payment, and28
the making of final payment shall not constitute a waiver of any claims29
by the Owner.30
31
4.Upon completion and acceptance of all work whatsoever required on32
each individual Work Order, and upon the release of all claims against33
the Owner as specified, the Owner shall file a written Notice of34
Completion with the County Recorder as to the entire amount of work35
performed for each individual Project.36
37
5.Final payment will be released within sixty (60) days after the date of38
acceptance of the Work as reflected in the Notice of Completion filed39
with the County Recorder’s Office; provided, that Owner may withhold40
from the final payment, in the event of a dispute between Owner and41
Contractor, retentions in and amount not exceeding 150 percent of the42
disputed amount. At the Contractor’s option, the Owner may release43
retention upon receipt of an unconditional lien release for the full value44
of the Work Order and any of its Supplemental Work Orders.45
46
6.All manufacturers’ warranties required by the Contract Documents shall47
commence on the date of the Notice of Completion for the Work. It48
shall be the Contractor’s responsibility, through appropriate contractual49
arrangements with all subcontractors, materialmen and suppliers, to50
ensure compliance with this requirement.51
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1
7.The acceptance by the Contractor of the final payment, after the date2
of Notice of Completion of the Project, shall be and shall operate as a3
release to the Owner of all claims and of all liability to the Contractor,4
under the Contract Documents or otherwise, for all things done or5
furnished in connection with this Work, excepting only the Contractor's6
claims for interest upon final payment, if such final payment be7
improperly delayed. No payments, however, final or otherwise, shall8
operate to release the Contractor or his/her sureties from any9
obligations under the Contract Documents, including but not limited to10
the Performance and Payment Bonds.11
12
2.25 CHANGES TO THE WORK 13
14
A.The Owner, without invalidating the Contract or a Work Order, may order15
changes in the Work within the general scope of the Contract consisting of16
additions, deletion or other revisions. All such changes in the Work shall be17
authorized by a Supplemental Work Order, and shall be performed under the18
applicable conditions of the Contract Documents.19
20
B.SUPPLEMENTAL Work ORDER: A Work Order issued to add or delete Work21
from an existing, related Work Order. Only an executed Supplemental Work22
Order will effectuate change in either the Work Order Price and/or the Work23
Order Time.24
25
C.All claims for additional compensation to the Contractor shall be presented in26
writing before the expense is incurred and will be adjusted as provided herein.27
No work shall be allowed to lag pending such adjustment, but shall be promptly28
executed as directed, even if a disputed claim arises. No claim will be29
considered after the work in question has been done unless a Supplemental30
Work Order has been issued or a timely written notice of claim has been made31
by Contractor.32
33
D.Supplemental Work Orders are developed by the same method as a Work34
Order as provided under Section 2.09.A, Procedures for Developing a Work35
Order.36
37
E.The value of tasks deleted from the Detailed Scope of Work shall be calculated38
according to the standard procedures for calculating all Pre-priced Tasks and39
Non Pre-priced Tasks. The result is that a credit for Tasks that have been40
deleted from the Detailed Scope of Work will be given at 100% of the value at41
which they were included in the original Price Proposal.42
43
44
2.26 NOT USED 45
46
47
2.27 SITE CONDITIONS48
49
A.Where investigations have been conducted by the Owner of existing conditions50
on a site, including subsurface conditions, such investigations are made for the51
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purpose of design only and for the information of bidders. The results of such 1
investigations represent only the statement by the Owner as to the 2
circumstance and character of materials actually encountered by the Owner 3
during the investigations. The Owner makes no guarantee or warranty, 4
express or implied, that the conditions indicated are representative of 5
conditions existing throughout the site of a Project or any part of it, or that 6
unanticipated conditions might not occur. 7
8
B.All excavation work shall be performed on an "unclassified basis"; that is, such9
work shall include the removal of all material encountered including earth or10
rock formations, regardless of the type or hardness thereof, or groundwater11
conditions in the excavation, the cost of such excavations being included in the12
Work Order Price. Unclassified excavation Work includes drilling or blasting13
operations.14
15
C.If site conditions are discovered that materially differ from previous information16
that the Contractor has received, and that could not have been discovered by17
the Contractor through prudent and reasonable investigation prior to18
developing the Work Order Price Proposal for the work, the Contractor shall be19
compensated for additional costs incurred in working with the unknown site20
conditions, but only to the extent that such previously unknown and21
undiscoverable site conditions cause the Contractor to incur costs in addition22
to the Work Order price for that portion of the work. The Contractor must be23
able to demonstrate clearly the original Work Order price for that portion of the24
work (plus any Supplemental Work Orders applicable to that portion of the25
work) and the additional costs incurred as a direct result of the unknown site26
conditions. Only additional costs over and above the amount of the Work Order27
price for that portion of the work will be compensated upon a recommendation28
of approval by the Project Manager.29
30
31
2.28 REQUEST FOR EQUITABLE ADJUSTMENT 32
33
A. If the Contractor considers a Request for Equitable Adjustment is justified for34
any increase in the Work Order Time, the Contractor shall promptly, upon first35
observance of the condition giving rise to the request, provide the Project36
Manager and Owner written notice of such condition and circumstance. This37
notice shall be given by the Contractor before proceeding to execute the Work,38
except in emergency endangering life or property, in which case the Contractor39
shall proceed in accordance with the Emergency provisions of these General40
Conditions. No such request shall be valid unless so made. A Supplemental41
Work Order shall be required to authorize any change in the Work Order Time42
resulting from such request for equitable adjustment.43
44
B.If the Contractor requests that additional cost or time is involved because of,45
but not limited to, (1) any written interpretation pursuant to Section 2.07.G, (2)46
any order by the Owner to stop the Work pursuant to Section 2.08 where the47
Contractor was not at fault, or any such order by the Project Manager as the48
Owner's agent, (3) any written order for a minor change in the Work issued49
pursuant to Section 2.29, the Contractor shall make such request for equitable50
adjustment as provided in Section 2.28.A.51
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1
2
2.29 MINOR CHANGES IN THE WORK 3
4
The Project Manager will have authority to order minor changes in the Work not 5
involving an adjustment in the Work Order Price or extension of the Work Order Time 6
and not inconsistent with the intent of the Contract Documents. Such changes shall 7
be enacted by written order issued through the Project Manager, and shall be binding 8
on the Owner and the Contractor. The Contractor shall carry out such written orders 9
promptly. 10
11
12
2.30 SUCCESSORS AND ASSIGNS 13
14
The Owner and the Contractor, respectively, bind themselves, their partners, 15
successors, assigns and legal representatives to the other party hereto and to the 16
partners, successors, assigns and legal representatives of such other party with 17
respect to all covenants, agreements and obligations contained in the Contract 18
Documents. Neither party to the Contract shall assign the Contract or sublet it as a 19
whole without the written consent of the other. 20
21
22
2.31 ASSIGNMENT OF MONEYS 23
24
The Contractor shall not assign moneys due or to become due him/her under the 25
contract without the written consent of the Auditor-Controller of Fresno County. Any 26
assignment of moneys shall be subject to all proper set-offs in favor of the County of 27
Fresno and to all deductions provided for in the contract and particularly all money 28
withheld, whether assigned or not, shall be subject to being used by the County of 29
Fresno for the completion of the work in the event that the Contractor should be in 30
default therein. 31
32
33
2.32 GUARANTEE OF WORK 34
35
A.The Contractor warrants to the Owner that all materials and equipment and the36
work as a whole furnished under this Contract will be new unless otherwise37
specified, and that all Work will be of good quality, free from faults and defects38
and in conformance with the Contract Documents, for one (1) year from the39
date of Notice of Completion of each Project, unless a longer period is40
otherwise specified. All manufacturer’s warranties required by the Contract41
Documents shall commence on the date of the filing of the Notice of42
Completion for the Work (which date necessarily will follow the performance43
under separate contracts. It shall be the Contractor’s responsibility, through44
appropriate contractual arrangements with all subcontractors, material45
manufacturers and suppliers, to ensure compliance with this requirement. All46
Work not conforming to these requirements, including substitutions not47
properly reviewed and authorized, may be considered defective. If required by48
the Project Manager, the Contractor shall furnish satisfactory evidence as to49
the kind and quality of materials and equipment.50
51
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B.If repairs or changes are required in connection with guaranteed work within1
any guaranteed period, which, in the opinion of the Project Manager is2
rendered necessary as the result of the use of materials, equipment or3
workmanship which are inferior, defective, or not in accordance with the4
Contract Documents, the Contractor shall, promptly upon receipt of notice from5
the Owner, and without expense to the Owner (1) place in satisfactory condition6
in every particular all of such guaranteed work, correct all defects therein, and7
(2) make good all damage to the building or site, or equipment or contents8
thereof, which, in the opinion of the Project Manager, is the result of the use9
of materials, equipment or workmanship which are inferior, defective, or not in10
accordance with the Contract Documents; and (3) make good any work or11
materials, or the equipment and contents of said building or site disturbed in12
fulfilling any such guarantee.13
14
C.If the Contractor disturbs any work guaranteed under another contract in15
fulfilling the requirements of the contract or of any guarantee, embraced in or16
required thereby, he/she shall restore such disturbed work to a condition17
satisfactory to the Project Manager and guarantee such restored work to the18
same extent as it was guaranteed under such other contract.19
20
D.The Owner may have the defects corrected if the Contractor, after notice, fails21
to proceed promptly to comply with the terms of the guarantee and the22
Contractor and his/her surety shall be liable for all costs and expenses incurred23
in connection therewith.24
25
E.All special guarantees applicable to definite parts of the work that may be26
stipulated in the Contract Documents shall be subject to the terms of this Article27
2.32 during the first (1st) year (365 Calendar Days) of the life of such special28
guarantee.29
30
31
2.33 RESPONSIBILITY FOR DAMAGE 32
33
A.Neither the Owner, the Architect, nor any officer or employee of the County,34
or officer or employee thereof, within the limits of which the work is being35
performed, shall be answerable or accountable in any manner, for any loss or36
damage that may happen to the work or any part thereof; or for any of the37
materials or other things used or employed in performing the work; or for injury38
to any person or persons, either workmen or the public, for damage to property39
from any cause which might have been prevented by the Contractor, or his/her40
workmen, or anyone employed by him/her, against all of which injuries or41
damages to persons and property the Contractor having control over such work42
must properly guard.43
44
B.The Contractor shall be responsible for any liability imposed by law for any45
damage to any person or property resulting from defects or obstructions or46
from any cause whatsoever during the progress of the work or at any time47
before the issuance of the Notice of Completion.48
49
C.The Contractor shall indemnify and hold harmless the Owner, the Project50
Manager, the Architect, and all of their respective officers and employees, from51
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all claims, lawsuits or actions of every kind and nature whatsoever, brought for, 1
or on account of any injuries or damages received or sustained by any person 2
or persons, resulting from any act or admission by the Contractor or his/her 3
servants or agents, in the construction of the work or by or in consequence of 4
any negligence in guarding the same, in improper materials used in its 5
construction, or by or on account of any act or omission of the Contractor or 6
his/her agents in the performance of Contractor’s obligations under the 7
Contract Documents. In addition to any remedy authorized by law, so much of 8
the money due the Contractor under and by virtue of the contract as shall be 9
considered necessary by the Owner may be retained by the Owner until 10
disposition has been made of such claims, lawsuits or actions for damages as 11
aforesaid. 12
13
14
2.34 WRITTEN NOTICE 15
16
Subject to any additional requirements that may be applicable to claims under the 17
immediately following Article 2.35 RESOLUTION OF CONTRACT CLAIMS AND 18
DISPUTES, formal service, when required, of written notice shall be deemed to have 19
been duly served if delivered in person, to the individual or member of the firm or 20
entity or to an officer of the corporation for whom it was intended, or if sent by 21
registered or certified mail to the listed address of that entity for the attention of such 22
individual. 23
24
25
2.35 RESOLUTION OF CONTRACT CLAIMS AND DISPUTES 26
27
A.A Claim is a demand or assertion sent by registered mail or certified mail with28
return receipt requested by one (1) of the parties seeking, as a matter of right,29
adjustment or interpretation of Contract terms, payment of money, extension30
of time, or a request for equitable adjustment or Supplemental Work Order31
which cannot be resolved per provisions of Section 2.25 - CHANGES TO THE32
WORK. Any Claim shall be reduced to writing and filed with the Project33
Manager, within ten (10) calendar days after the Contractor has notice of the34
condition giving rise to the Claim, and final action per Section 2.25 - CHANGES35
TO THE WORK procedures has taken place or has been declared as such in36
writing, by either party. Such ten (10)-day notice of an asserted claim is in37
addition to the requirement for prompt notice required per Section 2.25 -38
CHANGES TO THE WORK.39
40
B.The Contractor shall not claim or recover any overhead cost administrative or41
otherwise, particularly 'Home Office' expenses, 'Extended site overhead', or42
any other overhead cost on the basis of any 'Home Office' damages formula,43
'Eichleay' formula, 'Total Cost' recovery formula or any other such formula.44
45
C.REQUIREMENTS FOR FILING A CLAIM. Claims shall be submitted to the46
Project Manager. Claims must be filed within the time specified above, but in47
no event shall any claim be considered by the Project Manager that is filed later48
than the date of final payment of the Project. The claim shall be in writing and49
shall be a sum certain if known. If unknown, Contractor shall specify the basis50
for establishing the sum certain. Claim shall include a statement of the reasons51
for the asserted entitlement, and include the documents necessary to52
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substantiate the claim. Such documents may include but are not limited to 1
payroll records, purchase orders, quotations, invoices, estimates, 2
subcontracts, daily logs, supplier contracts, subcontract billings, bid takeoffs, 3
equipment rental invoices, ledgers, journals, daily reports, job diaries, and any 4
documentation related to the requirements of Section 2.25 - CHANGES TO 5
THE WORK. In the case of a continuing delay, only one (1) claim is necessary. 6
If adverse weather conditions are the basis for a claim for additional time, such 7
claim shall be documented by data substantiating that weather conditions were 8
abnormal for the period of time and could not have been reasonably 9
anticipated, and that weather conditions had an adverse effect on the critical 10
activities on the construction schedule. The Contractor shall certify, at the time 11
of submission of a claim, as follows: 12
13
"I,__________________, being the___________________________ 14
______________________________ (MUST BE AN OFFICER) of 15
______________________________ (GENERAL CONTRACTOR), 16
declare under penalty of perjury under the laws of the State of 17
California, and do personally certify and attest that: I have thoroughly 18
reviewed the attached claim for additional compensation and/or 19
extension of time, and know its contents, and said claim is made in 20
good faith; The supporting data is truthful and accurate; That the 21
amount requested accurately reflects the contract adjustment for which 22
the Contractor believes the Owner is liable; and, further, that I am 23
familiar with California Penal Code Section 72 and California 24
Government Code Section 12560, et seq, pertaining to false claims, 25
and further know and understand that submission or certification of a 26
false claim may lead to fines, imprisonment and/or other severe legal 27
consequences. 28
29
By: ____________________ _________________ 30
(Contractor's signature) (Date) 31
32
D.Nothing in this Article is intended to extend the time limit or supersede notice33
requirements otherwise provided by this contract or by applicable law for the34
filing of claims. Any formal claim shall be processed in accordance with the35
provisions of Public Contract Code Section 9204 and Section 20104 et. seq.,36
each of which establishes a process for resolution of claims, the provisions of37
which are consistent with and effectively summarized by the following38
39
1.The Owner (or his/her designee), shall review the facts pertinent to the40
claim, obtain additional information deemed necessary for a decision (if41
any), review recommendations of the Project Manager, coordinate with42
the contract administrator (if any) and secure assistance from legal and43
other advisors, and render a written decision on the claim within forty-44
five (45) days of receipt of the claim. If additional information or45
documentation is thereafter required, it shall be requested and provided46
pursuant to this subdivision, upon mutual agreement of the Owner (or47
his/her designee) and claimant. The Owner’s (or his/her designee’s)48
written response to the claim, as supplemented by any additional49
information and/or documentation provided by claimant, shall be50
submitted to the claimant within fifteen (15) days after receipt of the51
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further information and/or documentation or within a period of time no 1
greater than that taken by the claimant in producing the additional 2
information, whichever is greater. 3
4
a. For claims of over fifty thousand dollars ($50,000) and less5
than or equal to three hundred seventy-five thousand6
dollars ($375,000), the Owner (or his/her designee), shall7
respond in writing to all written claims within 60 days of8
receipt of the claim, or may request, in writing, within 309
days of receipt of the claim, any additional documentation10
supporting the claim or relating to defenses to the claim the11
Owner (or his/her designees) may have against the12
claimant.13
14
2. If the claimant disputes the written response of Owner (or his/her15
designee), or Owner fails to respond within the time prescribed, the16
claimant may so notify the Owner (or his/her designee), in writing, either17
within fifteen (15) days of receipt of the Owner (or his/her designee’s)18
response or within fifteen (15) days of the Owner (or his/her designee’s)19
failure to respond within the time prescribed, respectively, and demand20
an informal conference to meet and confer for settlement of the issues21
in dispute. Upon a demand, the Owner (or his/her designee) shall22
schedule a meet and confer conference within thirty (30) days for23
settlement of the dispute.24
25
3. Within ten (10) business days following conclusion of the meet and26
confer conference, any unpaid portion of the claim remaining in dispute27
shall be submitted to nonbinding mediation, as that term is defined by28
Public Contract Code Section 9204(d((2)(C).29
30
4. If following the conclusion of the meet and confer conference and31
mediation process, the claim or any portion thereof remains in dispute,32
the claimant may file a claim pursuant to Chapter 1 (commencing with33
Section 900) and Chapter 2 (commencing with Section 910) of Part 334
of Division 3.6 of Title 1 of the Government Code. For purposes of35
those provisions, the running of the period of time within which a claim36
must be filed shall be tolled from the time the claimant submits his/her37
written claim pursuant to subdivision (a) until the time the claim is38
denied, including any period of time utilized by the meet and confer39
conference and mediation process as described in the immediately40
preceding Paragraphs 2 and 3 of this Section D.41
42
5. In the event of any perceived conflict between the summary of the43
procedure set forth in this Article and the actual provisions of the44
Public Contract Code Section 9204 and Section 20104, et seq. (a true45
and correct copy of which is attached as Appendix A hereto and46
incorporated by this reference as though fully set forth herein ), the47
statutory provisions shall control; and in the event of any perceived48
conflict between the provisions of Section 9204 and Section 20104, et49
seq., the provisions of Section 9204 shall control.50
51
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E. Procedures for Civil Actions to Resolve Disputed Claims: Non-binding 1
Mediation: Within sixty (60) days, but no earlier than thirty (30) days, following 2
the filing of a responsive pleading, the court shall submit the matter to 3
non-binding mediation unless waived by mutual stipulation by both parties. 4
The mediation process shall provide for the selection within fifteen (15) days 5
by both parties of a disinterested third person as mediation, shall be 6
commenced within thirty (30) days of the submittal, and shall be concluded 7
within fifteen (15) days from the commencement of the mediation unless a time 8
requirement is extended upon a good cause shown to the court. If the parties 9
fail to select a mediator within the 15-day period, any party may petition the 10
court to appoint the mediator. 11
12
Judicial Arbitration: If the matter remains in dispute, the case shall be 13
submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with 14
Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, 15
notwithstanding Section 1141.11 of the code. The Civil Discovery Act of 1986 16
(Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of 17
the Code of Civil Procedure) shall apply to any proceeding brought under this 18
subsection consistent with the rules pertaining to judicial arbitration. Arbitrators 19
shall be experienced in construction law. 20
21
Appeals: As provided by statute (specifically Public Contract Code section 22
20104.4(b)(3) and Code of Civil Procedure section 1141.21), any party 23
appealing an arbitration award who does not obtain a more favorable judgment 24
shall, in addition to payment of costs and fees, also pay the attorneys' fees on 25
appeal of the other party. 26
27
F. CLAIMS AND DISPUTES EXEMPT FROM FILING REQUIREMENTS. The 28
requirements and procedures imposed by this Article do not apply to: 29
30
1. Any claims by the Owner; or 31
32
2. Any claim for or respecting personal injury or death or reimbursement 33
or other compensation arising out of or resulting from liability for 34
personal injury or death; or 35
36
3. Any claim or dispute relating to stop payment requests or stop notices; 37
or 38
39
4. Any claim or dispute related to the approval, refusal to approve, or 40
substitution of Subcontractors, regardless of tier, and suppliers. 41
42
43
G. PAYMENT OF UNDISPUTED PORTION OF CLAIM. Owner shall pay 44
claimant such portion of a claim that is undisputed except as otherwise 45
provided in the contract. 46
47
H. CONTINUE WORK DURING DISPUTE. In the event of any disputed claim or 48
other dispute between the Owner and the Contractor, the Contractor will not 49
stop work but will prosecute the work diligently to completion in his/her manner 50
directed by the Owner, and the dispute shall be resolved by a court of law after 51
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completion of the Work. However, Contractor must submit all disputes in 1
accordance with the provisions of this Section 2.35. 2
3
I. SUIT IN FRESNO COUNTY ONLY. Any litigation arising out of this Contract 4
shall be brought in Fresno County and Contractor hereby waives the removal 5
provisions of California Code of Civil Procedure Section 394. 6
7
8
2.36 PERFORMANCE BOND, LABOR AND MATERIAL PAYMENT BOND AND 9
WARRANTY BOND 10
11
A. The Contractor shall furnish Performance Bond in the amount of one hundred 12
percent (100%) of the Contract Sum, and Payment Bond in the amount of one 13
hundred percent (100%) of the Contract Sum and One Year Warranty Bond in 14
the amount of ten percent (10%) of the Final Contract Sum, which is the 15
cumulative amount that will have been paid to Contractor for all of the Work 16
performed under the Contract once the Project has been completed and the 17
Work has been accepted by the County. 18
19
B. All bonds required, whether Bid bonds, Performance, Payment, Warranty or 20
other bonds, shall be issued by an admitted surety insurer authorized by the 21
California Insurance Commissioner to transact surety insurance in the state. 22
The same admitted surety insurer must issue the Bid Bond, Performance 23
Bond, Payment Bond, and Warranty Bond. The payment, performance and 24
warranty bonds required by these specifications will neither be accepted nor 25
approved by the Owner unless the bonds are underwritten by an admitted 26
surety and the requirements of California Code of Civil Procedure section 27
995.630 are met. The bonds must include a physical mailing address, phone 28
number, FAX number, and contract person for the admitted surety insurer. The 29
Owner further reserves the right to satisfy itself as to the acceptability of the 30
surety and the form of bond. Upon request of the Owner, the bidder must 31
submit the following documents: 32
33
1. The original, or a certified copy, of the unrevoked appointment, power 34
of attorney, bylaws, or other instrument authorizing the person who 35
executed the bond to do so. 36
37
2. A certified copy of the certificate of authority of the insurer issued by 38
the California Insurance Commissioner. 39
40
3. A certificate from the county clerk that the certificate of authority has 41
not been surrendered, revoked, canceled, annulled, or suspended, or 42
in the event that it has, that renewed authority has been granted. 43
44
4. A financial statement of the assets and liabilities of the insurer to the 45
end of the quarter calendar year prior to thirty (30) days next preceding 46
the date of the execution of the bond, in the form of an officers' 47
certificate as defined in Corporations Code section 173.48
49
50
2.37 RIGHTS AND REMEDIES51
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1
A.The duties and obligations imposed by the Contract Documents and the rights2
and remedies available hereunder shall be in addition to, and not a limitation3
of, any duties, obligations, rights and remedies otherwise imposed or available4
by law.5
6
B.No action or failure to act by the Owner, or by the Project Manager or Architect,7
regarding any deficiency, breach or default in performance by the Contractor8
under the Contract Documents, shall be deemed or construed to constitute9
acquiescence of the Owner in connection therewith or with regard to any10
subsequent deficiency, breach or default in performance by the Contractor; nor11
shall any such prior act of failure to act by or on behalf of Owner be deemed or12
construed as a waiver of any rights in favor of Owner regarding any such13
deficiency, breach or default in performance by the Contractor, regardless of14
the similarity to the prior incident or circumstance when no action was taken15
regarding any alleged deficiency, breach or default in performance by the16
Contractor.17
18
19
2.38 TIME, DELAYS AND LIQUIDATED DAMAGES 20
21
A.DEFINITIONS22
23
1.Unless otherwise provided, the Work Order Completion Time is the24
period of time allotted in the Contract Documents for completion of the25
Work of an individual work Order, including authorized adjustments26
thereto.27
28
2.The Date of Commencement of the Work is the date established in the29
Notice to Proceed.30
31
3.The Date of Completion of the Work is the date of which the work is32
certified as complete by the Project Manager as specified in the Notice33
of Completion.34
35
4.The term “day” as used in the Contract Documents shall mean calendar36
day unless specifically designated otherwise.37
38
B.PROGRESS AND COMPLETION39
40
1.Time is of the essence regarding all time limits stated in the Work Order41
Notice to Proceed. By executing the Work Order, the Contractor42
confirms that the Work Order Completion Time is a reasonable period43
for performing the Work of the individual Work Order.44
45
2.The Contractor shall begin the Work on the Date of Commencement.46
The Contractor shall not knowingly, except by agreement or instruction47
of the Owner in writing, prematurely commence operations on the site48
or elsewhere prior to the effective date of insurance required herein to49
be furnished by the Contractor. The Date of Commencement of the50
Work shall not be changed by the effective date of such insurance.51
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1
3.The Contractor shall carry the Work forward expeditiously with2
adequate forces and shall achieve Completion of the Work within the3
Work Order Completion Time.4
5
C.DELAYS AND EXTENSIONS OF TIME6
7
1.Delays in prosecution of parts or classes of the Work that are not8
demonstrated to prevent or delay completion of an entire Project or9
specific milestones within the Work Order Completion Time are not10
"unavoidable delays" for purposes of this section.11
12
2.In all cases, the time authorized for extension of the Work Order13
Completion Time shall be no greater than the number of days directly14
attributable to the event or circumstances which causes unavoidable15
delay in the completion of a Project. Contractor shall be entitled, in the16
case of unavoidable delays, to an extension in the Work Order17
Completion Time, but not to any increase to the Work Order Price.18
"Unavoidable delay" for this purpose shall be defined as follows:19
20
a.Unavailable Materials. That materials or articles called for in the21
Contract Documents are not obtainable within the time required22
for timely completion; provided that such materials or articles23
were listed by the Contractor in the schedule required by24
Section 2.17 - CONTRACTOR’S CONSTRUCTION25
SCHEDULE; that the Contractor demonstrates that the26
unavailability of the materials is in fact the cause for the delay,27
and could not have been avoided by an appropriate adjustment28
in the Construction Schedule; and that the unavailability of such29
materials is due to circumstances beyond the Contractor's30
control. If good cause for delay is demonstrated pursuant to this31
subsection, the Owner, at its sole discretion, may grant a time32
extension.33
34
b.Force Majeure. That delays in construction have resulted from35
circumstances beyond the control of the Contractor and which36
the Contractor could not have provided against by the exercise37
of reasonable care, prudence, foresight, and diligence.38
Unavoidable delays within the meaning of this subparagraph39
shall be those caused by acts of God, war, insurrection, civil40
disorder, fire, floods, epidemic, or strikes.41
42
c.Unseasonable Weather. An extension of Work Order43
Completion Time may be granted due to weather which is44
unsuitable for the Work currently in progress, upon the45
determination of the Owner that the weather conditions in fact46
caused the delay in completion of a Project and that such47
weather conditions were not, and could not in the exercise of48
reasonable diligence, have been foreseen by the Contractor.49
Seasonable weather that, in the exercise of reasonable50
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foresight and diligence, should be expected in the area at the 1
time of year in question is not cause for an extension of time. 2
3
d.Time Extensions Due to Supplemental Work Orders or Work4
Authorizations. A time extension may be granted due to5
additional work that results in a delay in a Project caused by the6
approval by the Owner of a Supplemental Work Order or Work7
Authorization. The Contractor shall be entitled to a Work Order8
Completion Time extension Supplemental Work Order only9
when the extra Work is demonstrated by the Contractor to have10
caused a delay in a Project.11
12
e.Owner Caused Delays. In the event that a Project is delayed13
by acts of the Owner not authorized by the Contract Documents14
which the Contractor demonstrates will or have caused an15
unavoidable delay, the Contractor shall be entitled to a Work16
Order Completion Time Supplemental Work Order to offset the17
extra time incurred by the Contractor. The Contractor will not18
be entitled to adjustments in the Work Order Price. Extra time19
shall be limited to that which is directly identified as critical by20
the delay.21
22
4.The Contractor specifically agrees that a time extension as provided23
herein is its sole remedy for Owner-caused delays, and agrees to make24
no claim or demand for additional damages, nor claim an acceleration25
of the time for performance.26
27
5.The Contractor shall not be entitled to any Work Order Completion Time28
extension nor Work Order Price adjustment for alleged Owner delays if29
the Owner has acted within the time limits specified by the Contract30
Documents.31
32
D.NOTICE OF DELAYS33
34
1.Contractor shall notify the Project Manager promptly whenever the35
Contractor foresees any event or circumstance that may delay the36
prosecution of the Work and in Contractor’s opinion may provide37
grounds for an extension, and shall in any event notify the Project38
Manager immediately upon the occurrence of any such delay. The39
Contractor shall take immediate steps to prevent, if possible, the40
occurrence or continuance of the delay. If this cannot be done, the41
Project Manager shall determine how long the delay shall continue and42
to what extent the prosecution and completion of the Work are being43
delayed thereby. Such notification shall specify with detail the cause44
asserted by the Contractor to constitute grounds for an extension.45
Failure of the Contractor to submit such a notice within ten (10) days46
after the initial occurrence of the event-giving rise to the delay shall47
constitute a waiver by the Contractor of any request for a time48
extension, and no extension shall be granted as a consequence of such49
delay.50
51
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2.If the Contractor believes that the delay in prosecution in the Work will1
result in an unavoidable delay in completion of the entire Project, the2
Contractor shall submit evidence to support that belief, together with its3
request for a time extension. Such evidence shall include a4
demonstration that the delayed portion of the Work will affect the Critical5
Path Scheduling of the entire Project. The Contractor shall also submit6
a proposed revised Construction Schedule, which accounts for the7
delay in completion of the entire Project caused by the delay in8
prosecution of part of the Project, and includes a revised Critical Path9
demonstrating how the Project will be completed within the proposed10
revised Work Order Completion Time.11
12
E.INVESTIGATION; PROCEDURE.13
14
1.Upon receipt of a request for Time extension, the Project Manager shall15
conduct an investigation of the facts asserted by the Contractor to16
constitute grounds for an extension. The results of this investigation17
shall be reported by the Project Manager to the Contractor and shall18
indicate whether he/she will recommend for or against such extension19
to the Owner. The performance of this investigation by the Project20
Manager shall not be construed as direction or recommendation to the21
Contractor regarding scheduling of the work. Scheduling this work is22
the sole responsibility of the Contractor.23
24
2.The Project Manager may, in his/her sole discretion, defer this25
recommendation to allow the accumulation of time extensions due to26
Work Authorizations into a periodic or final Supplemental Work Order27
request.28
29
3.Upon receiving the Project Manager's recommendation to the Owner30
regarding the Contractor's request for a time extension, the Contractor31
may either withdraw its application for extension or request that it be32
scheduled for action by the Owner. If the Owner disallows the request,33
there shall be no allowance made for the time during which the request34
was pending, and the Contractor shall remain obligated to complete the35
Work in the time specified.36
37
4.If the Owner approves the time extension Supplemental Work Order,38
the new Construction Schedule submitted by the Contractor and39
approved by the Owner shall be deemed to amend the original40
Construction Schedule approved by the Owner; thereafter, the41
amended Construction Schedule shall have the same force and effect42
as the originally approved Progress Schedule.43
44
5.The revised Construction Schedule must be submitted within seven (7)45
calendar days of the date in which the Owner approves the change.46
47
6.The Contractor agrees that the Owner’s determination as to the48
existence of grounds for an extension and, the duration of any such49
extension, shall be final and binding upon both Owner and Contractor.50
51
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F. DISCRETIONARY TIME EXTENSION FOR BEST INTEREST OF OWNER 1
2
1. The Owner reserves the right to extend the Work Order Completion 3
Time for completion of the Work if the Director of Public Works and 4
Planning or designee determines that such extension is in the best 5
interest of the Owner. 6
7
2. In the event that such discretionary extension is made at the request of 8
the Contractor, the Owner shall have the right to charge to the 9
Contractor all or any part, as the Board may deem proper, of the actual 10
cost to the Owner for engineering, inspection, supervision, contract 11
administration, incidental and other overhead expenses that accrue 12
during period of such extension, and to deduct all or any portion of such 13
amounts from the final payment for the Work Order. 14
15
3. In the event such extension is ordered over the objection of the 16
Contractor, the Contractor shall be entitled to a Supplemental Work 17
Order adjusting the price paid to reflect the actual costs incurred by the 18
Contractor as a direct and proximate result of the delay, upon his/her 19
written application therefor, accompanied by such verification of costs 20
as the Project Manager requires. Only additional direct costs incurred 21
at the site will be reimbursable by Supplemental Work Order. 22
23
G. LIQUIDATED DAMAGES 24
25
1. If the Work is not completed by Contractor in the time specified in the 26
Work Order or within any period of extension authorized pursuant to 27
this Article, the Contractor acknowledges and admits that the Owner 28
will suffer damage, and that it is impracticable and infeasible to fix the 29
amount of actual damages. Therefore, it is agreed by and between the 30
Contractor and the Owner that the Contractor shall pay to the Owner 31
as fixed and liquidated damages, and not as a penalty, the sum 32
specified in Section 005213, Agreement, Article III for each calendar 33
day of delay until the Work is completed and accepted, and that both 34
the Contractor and the Contractor's surety shall be liable for the total 35
amount thereof, and that the Owner may deduct said sums from any 36
monies due or that may become due to the Contractor. 37
38
2. This liquidated damages provision shall apply to all delays of any nature 39
whatsoever, save and except only unavoidable delays approved by the 40
Owner pursuant to the provisions of Article 2.38.C.2 hereinabove, or 41
discretionary time extensions approved by the Board of Supervisors 42
pursuant to the provisions of Article 2.38.F hereinabove. 43
44
H. EXTENSION OF TIME NOT A WAIVER. 45
46
1. Any extension of a Work Order Completion Time granted pursuant to 47
this Article shall not constitute a waiver by the Owner, nor a release of 48
the Contractor, from his/her obligations to perform a Work Order within 49
the allotted Work Order Completion Time. 50
51
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2.Granting of a time extension due to one (1) circumstance on one (1)1
request therefore shall not constitute a granting by the Owner of an2
extension of time for any other circumstance or the same circumstance3
occurring at some other time, and shall not be interpreted as a4
precedent for any other request for extension.5
6
7
2.39 PROTECTION OF PERSONS AND PROPERTY 8
9
A.SAFETY PRECAUTIONS AND PROGRAMS10
11
The Contractor shall be responsible for initiating, maintaining and supervising12
all safety precautions and programs in connection with the Work.13
14
B.SAFETY OF PERSONS AND PROPERTY15
16
The Contractor shall take all reasonable precautions for the safety of, and shall17
provide all reasonable protection to prevent damage, injury or loss to:18
19
1.All employees on the Work and all other persons who may be affected20
thereby;21
22
2.All the work and all materials and equipment to be incorporated therein,23
whether in storage or off the site, and that is under the care, custody or24
control of the Contractor or any of the Contractor's Subcontractors or25
Sub-subcontractors;26
27
3.Other property at the site or adjacent thereto, including trees, shrubs,28
lawns, walks, pavements, roadways, structures and utilities not29
designated for removal, relocation or replacement in the course of30
construction; and31
32
4.The work of the Owner or other separate contractors.33
34
C.The Contractor shall give all notices and comply with all applicable laws,35
ordinances, rules, regulations and lawful orders of any public authority bearing36
on the safety of persons or property or their protection from damage, injury or37
loss.38
39
D.The Contractor shall erect and maintain, as required by existing conditions and40
the progress of the Work, all reasonable safeguards for safety and protection,41
including posting danger signs and other warnings against hazards,42
promulgating safety regulations and notifying owners and users of adjacent43
facilities.44
45
E.When the use or storage of explosives or other hazardous materials or46
equipment is necessary for the execution of the Work, the Contractor shall47
exercise the utmost care and shall carry on such activities under the48
supervision of properly qualified personnel.49
50
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F.The Contractor shall promptly remedy all damage or loss to any property1
referred to above caused in whole or in part by the Contractor, any2
Subcontractor, any Sub-subcontractor, anyone directly or indirectly employed3
by any of them, or any one for whose acts any of them may be liable, and for4
which the Contractor is responsible under the above noted clauses, except5
damage or loss attributable solely to the acts or omissions of the Owner, the6
Project Manager, or anyone directly or indirectly employed by any of them, or7
by anyone for whose acts any of them may be liable, and not attributable in8
any degree to the fault or negligence of the Contractor. The foregoing9
obligations of the Contractor are in addition to the Contractor's obligations10
under the Indemnification provisions provided herein.11
12
G.The Contractor shall designate a responsible member of the Contractor's13
organization at the site whose duty shall be the prevention of accidents. This14
person shall be the Contractor's superintendent unless otherwise designated15
by the Contractor in writing to the Owner and the Project Manager.16
17
H.The Contractor shall not load or permit any part of the Work to be loaded18
in a manner that could endanger its safety or pose a risk to anyone working19
at the Project site.20
21
I.EMERGENCIES22
In any emergency affecting the safety of persons or property the Contractor23
shall act, at the Contractor's discretion, to prevent threatened damage, injury24
or loss. Any additional compensation or extension of time claimed by the25
Contractor on account of emergency work shall be determined as provided in26
the provisions herein for Changes in the Work.27
28
29
2.40 INSURANCE 30
31
A.CONTRACTOR'S INSURANCE32
33
1.Bidders' attention is directed to the insurance requirements below. It is34
highly recommended that Bidders confer with their respective35
insurance carriers or brokers to determine in advance of bid submission36
the availability of the insurance certificates and endorsements required37
below. A bidder who is awarded a contract and thereafter fails to38
comply strictly with the insurance requirements, will be deemed to be39
in default of its obligations.40
41
2.Contractor shall procure, and maintain for the duration of the Contract,42
and for 3 years thereafter, insurance against claims for injuries to43
persons or damage to property which may arise from or in connection44
with the performance of the work hereunder by the Contractor, his/her45
agents, representatives, employees or Subcontractors. The cost of46
such insurance shall be included in the Contractor's bid.47
48
3.No later than ten (10) calendar days following the Award of the49
Contract, and prior to execution of the Agreement for Construction by50
the Owner, the Contractor shall submit certificates of insurance, signed51
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by an authorized agent of the insurer, attesting to insurance coverage 1
of the Contractor as required by this Article. 2
3
B.MINIMUM SCOPE OF INSURANCE.4
5
Coverage shall be at least as broad as:6
7
1.Insurance Services Office Commercial General Liability coverage8
("occurrence" form CG0001).9
10
2.Insurance Services Office Business Auto Coverage form number CA11
0001 0187 covering Automobile Liability, code 1 "any auto".12
13
3.Workers' Compensation insurance as required by the Labor Code of14
the State of California and Employers Liability insurance.15
16
17
C.MINIMUM LIMITS OF INSURANCE.18
19
Contractor shall maintain limits no less than:20
21
1.General Liability: One million dollars ($1,000,000.00) combined single22
limit per occurrence for bodily injury, personal injury and property23
damage. If Commercial General Liability Insurance or other form with24
a general aggregate limit is used, either the general aggregate limit25
shall apply separately to this project/location or the general aggregate26
limit shall be three times the required occurrence limit.27
28
2.Automobile Liability: One million dollars ($1,000,000.00) combined29
single limit per accident for bodily injury and property damage.30
31
3.Workers' Compensation and Employers Liability: Workers'32
compensation limits as required by the Labor Code of the State of33
California and Employers Liability limits of one million dollars34
($1,000,000.00) per accident.35
36
D.DEDUCTIBLES AND SELF-INSURED RETENTIONS.37
38
Any deductibles or self-insured retentions must be declared to and approved39
by the Owner. If approved at the option of the Owner, either: the insurer shall40
reduce or eliminate such deductibles or self-insured retentions as respects the41
Owner, its officers, officials, employees and volunteers; or the Contractor shall42
procure a bond guaranteeing payment of losses and related investigations,43
claim administration and defense expense.44
45
E.OTHER INSURANCE PROVISIONS.46
47
The policies are to contain, or be endorsed to contain, the following provisions:48
49
1.Fire Insurance / Builders Risk Insurance.50
51
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a.At the Owner’s option, the Contractor shall secure "All Risk"1
type Builder's Risk Insurance for the Work to be performed2
pursuant to this Agreement for an individual Work Order. The3
policy shall cover not less than losses due to fire, explosion,4
vehicle damage, theft, flood, earthquake and civil commotion5
with no coinsurance penalty provision.6
7
b.The Contractor shall obtain and keep in force insurance against8
loss or damage by fire and the customary extended perils9
including windstorm, hail, explosion, aircraft, vehicle, smoke,10
riot, and civil commotion, vandalism, sprinkler leakage11
(including earthquake) as covered under the standard forms of12
California Standard Fire Insurance Policy for school projects or13
Factory Insurance Association and/or Factory Mutual Insurance14
Company for projects other than schools. The policy shall cover15
the entire structure on which the work of this contract is to be16
done, up to the full insurable value thereof, including items of17
labor and materials connected therewith on the site, materials18
in place or to be used as part of the permanent construction19
including materials stored and partially paid for by the Owner as20
provided in Division 01 – General Requirements, surplus21
materials, shanties, protective fences, bridges, or temporary22
structures, miscellaneous materials and supplies incident to the23
work, and such scaffolding, staging, towers, forms and24
equipment as are not owned or rented by the Contractor, the25
cost of which is included in the cost of the work. EXCLUDED:26
This insurance does not cover any tools owned by mechanics,27
any tools, equipment, scaffolding, staging, towers, and forms28
owned or rented by the Contractor, the capital value of which is29
not included in the cost of the Work, or any structures erected30
for the Contractor’s administration of the Project. The loss, if31
any, is to be adjustable with and payable to the Owner as32
trustee for the insured as their interests may appear, except in33
such cases as may require payment of all or a proportion of said34
insurance to be made to a mortgagee or trustee as its interest35
may appear.36
37
c.The Owner shall be named as insured jointly with the Contractor38
and other proper parties, all as their respective interests may39
appear. All subcontractors shall be insured to the extent of their40
portion of the work under the Contractor. The Owner, Contractor41
and all subcontractors waive all rights, each against the others,42
for damages caused by fire or other perils covered provided43
under the terms of this article, except such rights as they may44
have to the proceeds of the insurance held by the party45
obtaining and maintaining the insurance policy in force who acts46
as trustee of said policy. Certificates of such insurance shall be47
filed with the Owner. If the Contractor fails to effect or maintain48
insurance as above and so notifies the Owner, the Owner may49
insure his own interest and charge the cost thereof to the50
Contractor.51
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1
d. In the event of a partial or total destruction by the perils insured2
against, of any or all of the work and/or materials herein3
provided for, at any time prior to the final completion of the4
Contract and the final acceptance by the Owner of the Work or5
materials to be performed or supplied thereunder, the6
Contractor shall promptly reconstruct, repair, replace, or restore7
all work or materials so destroyed or injured at his sole cost and8
expense. Nothing herein provided for shall in any way excuse9
the Contractor or his surety from the obligation of furnishing all10
the required materials and completing the work in full11
compliance with the terms of the Contract.12
13
2.Commercial General Liability and Automobile Liability Coverages.14
15
a.The Contractor shall secure Commercial General Liability16
Insurance with limits of not less than One Million Dollars17
($1,000,000.00) per occurrence and an annual aggregate of18
Three Million Dollars ($3,000,000.00). This policy shall be19
issued on a per occurrence basis. The Owner may require20
specific coverage including completed operations, product21
liability, contractual liability, XCU, fire legal liability or any other22
liability insurance deemed necessary because of the nature of23
the contract. The Owner, its officers, officials, employees,24
agents, including Consulting Engineers while performing25
contract administration services, and volunteers are to be26
covered as insured as respects all of the following: liability27
arising out of activities performed by or on behalf of the28
Contractor, including the insured's general supervision of the29
Contractor; products and completed operations of the30
Contractor; premises owned, occupied or used by the31
Contractor; or automobiles owned, leased, hired or borrowed by32
or on behalf of the Contractor. The coverage shall contain no33
special limitations on the scope of protection afforded to the34
Owner, its officers, officials, employees or volunteers.35
36
b.The Contractor's insurance coverage shall be primary37
insurance as respects the owner, its officers, officials,38
employees, agents, Consulting Engineers, and volunteers. Any39
insurance or self-insurance maintained by the Owner, its40
officers, officials, Employees, agents, Consulting Engineers, or41
volunteers shall be in excess of the Contractor's insurance and42
shall not contribute with it.43
44
c.Any failure to comply with reporting provisions of the policies45
shall not affect Coverage provided to the Owner, its officers,46
officials, employees, agents, Engineers, Consulting Engineers,47
or volunteers.48
49
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d. The Contractor's insurance shall apply separately to each 1
insured against whom claim is made or suit is brought, except 2
with respect to the limits of the insurer's liability. 3
4
e. Such Commercial General Liability insurance shall name the 5
County of Fresno, its officers, agents, and employees, 6
individually and collectively, as additional insured, but only 7
insofar as the operations under this Agreement are concerned. 8
Such coverage for additional insured shall apply as primary 9
insurance and any other insurance, or self-insurance, 10
maintained by Owner, its officers, agents and employees shall 11
be excess only and not contributing with insurance provided 12
under Contractor’s policies herein. This insurance shall not be 13
cancelled or changed without a minimum of thirty (30) days 14
advance written notice given to Owner. Contractor shall obtain 15
endorsements to the Commercial General Liability insurance 16
policy naming Owner as an additional insured and providing for 17
a thirty (30) day prior written notice of cancellation or change in 18
terms or coverage 19
20
f. Comprehensive Automobile Liability Insurance with limits of not 21
less than One Million Dollars ($1,000,000) per accident for 22
bodily injury and property damage. Coverage should include 23
owned and non-owned vehicles used in connection with this 24
Agreement and all applicable endorsements. 25
26
3. Professional Liability Coverage. 27
28
If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., 29
L.C.S.W., M.F.C.C.) in providing services, the Contractor shall secure 30
Professional Liability Insurance with limits of not less than one million 31
dollars ($1,000,000.00) per occurrence, and three million dollars 32
($3,000,000.00) annual aggregate, with a provision for three (3) year 33
tail coverage. 34
35
4. Worker's Compensation and Employers Liability Coverage. 36
37
The Contractor shall obtain a policy of Worker's Compensation 38
insurance in accordance with applicable provisions of the California 39
Labor Code. The insurer shall agree to waive all rights of subrogation 40
against the Owner, its officers, officials, employees and volunteers for 41
losses arising from work performed by the Contractor for the Owner. 42
Contractor shall supply the Owner with certificates of insurance in 43
triplicate, evidencing that Workers Compensation Insurance is in effect 44
and providing that the Owner will receive 30 days' notice of 45
cancellation. If Contractor self-insures Workers Compensation, 46
Certificate of Consent to Self-Insure shall be provided to the Owner. 47
48
5. All Coverages. 49
50
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Prior to the commencement of performing its obligations under this 1
Agreement, Contractor shall provide certificates of insurance and upon 2
request from Owner, formal endorsements for the foregoing policies, as 3
required herein, to the Owner, listing the name and address of the 4
official who will administer this contract, and stating that such insurance 5
coverage have been obtained and are in full force; that the County of 6
Fresno, its officers, agents and employees will not be responsible for 7
any premiums on the policies; that such Commercial General Liability 8
insurance names the County of Fresno, its officers, agents and 9
employees, individually and collectively, as additional insured, but only 10
insofar as the operations under this Agreement are concerned; that 11
such coverage for additional insured shall apply as primary insurance 12
and any other insurance, or self-insurance, maintained by Owner, its 13
officers, agents and employees, shall be excess only and not 14
contributing with insurance provided under Contractor’s policies herein; 15
and each insurance policy required by this Section 2.40 shall be 16
endorsed to state that coverage shall not be suspended, voided, 17
canceled by either party, reduced in coverage or in limits except after 18
thirty (30) days' prior written notice has been given to the Owner. 19
20
F.ACCEPTABILITY OF INSURERS21
22
Contractor shall obtain the policies and coverages specified herein from an23
admitted insurer in good standing with and authorized to transact business in24
this state by the California Department of Insurance, and having a Best’s25
rating of no less than A FSC VIII.26
27
G.VERIFICATION OF COVERAGE28
29
Contractor shall furnish the Owner with certificates of effecting coverage30
required by this clause. The certificates for each insurance policy are to be31
signed by a person authorized by that insurer to bind coverage on its behalf.32
All certificates are to be received and approved by the owner before work33
commences. The Owner reserves the right to require complete, certified34
copies of all required insurance policies, at any time. In the event Contractor35
fails to keep in effect at all times insurance coverage as herein provided, the36
Owner may, in addition to other remedies it may have, suspend or terminate37
this Agreement upon the occurrence of such event. The Certificate of38
Insurance shall be issued in triplicate, and provided to the Owner within ten39
(10) days of award, and also shall be provided to all other participating40
agencies who contribute to the cost of the work or have jurisdiction over areas41
in which the work is to be performed and all officers and employees of said42
agencies while acting within the course and scope of their duties and43
responsibilities.44
45
H.SUBCONTRACTORS46
47
Contractor shall include all Subcontractors as insured under its policies or shall48
furnish separate certificates and endorsements for each Subcontractor. All49
coverages for Subcontractors shall be subject to all of the requirements stated50
herein.51
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1
2
2.41 UNCOVERING WORK3
4
A.This Section shall apply to any Work installed and covered up by the5
Contractor that is required by the Building Code or other statutory or6
regulatory requirement to undergo inspection or special inspection and/or7
testing approval by an appropriate official representing the Owner or other8
public authority having jurisdiction to conduct such inspection and/or testing9
or by any requirements specifically expressed in the Contract Documents.10
Work covered up by the Contractor, Contractor’s Subcontractor’s or11
Suppliers prior to inspection/special inspection and/or testing approval shall12
be uncovered and repaired or replaced after inspection approval at the sole13
expense of the Contractor. This shall apply to all labor and material needed14
to complete both physical and cosmetic repairs, and any additional15
inspection costs associated with restoring the Work.16
17
B.This Section also shall apply to any Work installed and covered up by the18
Contractor, Contractor’s Subcontractor’s or Suppliers that is determined by the19
Owner or its Project Manager, during construction or within the Warranty20
period, to be defective, broken or inoperative. Work covered up by the21
Contractor, Contractor’s Subcontractor’s or Suppliers that is found to be22
defective, broken or inoperative shall be uncovered and repaired or replaced23
at the sole expense of the Contractor. This shall apply to all labor and material24
needed to complete both physical and cosmetic repairs, and any additional25
inspection costs associated with restoring the Work.26
27
28
2.42 CORRECTION OF WORK 29
30
A.The Contractor shall promptly correct all Work rejected by the Project Manager31
as defective or as failing to conform to the Contract Documents, whether or not32
fabricated, installed or completed. The Contractor shall submit a plan of action,33
within twenty-four (24) hours of notification of the rejected work by the Project34
Manager, for correcting the rejected work. The Contractor shall bear all costs35
of correcting such rejected Work, including compensation for the Engineer's36
and Architect’s additional services made necessary thereby.37
38
B.If, within one (1) year after the date of acceptance of the Work as specified in39
the Notice of Completion, or designated portion thereof, or within one (1) year40
after acceptance by the Owner of designated equipment, or within such longer41
period of time as may be prescribed by the terms of any applicable special42
warranty required by the Contract Documents, any of the Work is found by43
Owner to be defective or not in accordance with the Contract Documents, the44
Contractor shall correct it promptly after receipt of a written notice from the45
Owner to do so, unless the Owner has previously given the Contractor a written46
acceptance of such condition. This obligation shall survive both final payment47
for the Work or designated portion thereof and termination of the Contract. The48
Owner shall give such notice promptly after discovery of the condition.49
50
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C. The Contractor shall, at his/her sole expense, remove from the site all portions 1
of the Work that are defective or nonconforming and which have not been 2
corrected under Articles 2.32, 2.42.A, and 2.42.B, unless the Owner waives 3
removal. 4
5
D. If the Contractor fails to submit a plan of action, within twenty-four (24) hours 6
of notification of the rejected work by the Project Manager, for correcting the 7
rejected work, or fails to correct defective or nonconforming Work as provided 8
herein in Articles 2.32, 2.42.A, and 2.42.B, the Owner may correct it in 9
accordance with Article 2.08.C. 10
11
E. If the Contractor does not take action under the plan to initiate such correction 12
of such defective or nonconforming Work within ten (10) days of written notice 13
from the Project Manager, the Owner may remove it and may store the 14
materials or equipment at the expense of the Contractor. If the Contractor does 15
not pay the cost of such removal and storage within ten (10) days thereafter, 16
the Owner may, upon ten (10) additional days' written notice, sell such Work 17
at auction or at private sale and shall account for the proceeds thereof, after 18
deducting all the costs that should have been borne by the Contractor, 19
including compensation for the Project Manager, Architect, or other 20
Professional's additional services made necessary thereby. If such proceeds 21
of sale do not cover all costs that the Contractor should have borne, the 22
difference shall be charged to the Contractor and an appropriate Supplemental 23
Work Order shall be issued. If the payments then or thereafter due the 24
Contractor are not sufficient to cover such amount, the Contractor shall pay the 25
difference to the Owner. 26
27
F. The Contractor shall bear the cost of making good all work of the Owner or 28
separate contractors destroyed or damaged by such correction or removal. 29
30
G. Nothing contained in this Section 2.42 shall be construed to establish a period 31
of limitation with respect to any other obligation which the Contractor might 32
have under the Contract Documents, including Section 2.32 hereof. The 33
establishment of the time periods noted in this Section 2.42, or such longer 34
period of time as may be prescribed by law or by the terms of any warranty 35
required by the Contract Documents, relates only to the specific obligation of 36
the Contractor to correct the defective or nonconforming Work, and has no 37
relationship to the time within which the Contractor's obligation to comply with 38
the Contract Documents may be sought to be enforced, nor to the time within 39
which proceedings may be commenced to establish the Contractor's liability 40
with respect to the Contractor's obligations other than specifically to correct the 41
defective or nonconforming Work. 42
43
44
2.43 ACCEPTANCE OF DEFECTIVE OR NONCONFORMING WORK 45
46
If the Owner prefers to accept defective or nonconforming Work, the Owner may do 47
so instead of requiring its removal and correction, in which case a Supplemental Work 48
Order will be issued to reflect a reduction in the Work Order Price where appropriate 49
and equitable. Such adjustment shall be effected whether or not final payment has 50
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been made. Project Manager shall determine the amount of reduction in the Work 1
Order Price. 2
3
4
2.44 TERMINATION BY THE OWNER 5
6
A. If the Contractor is adjudged bankrupt, or makes a general assignment for the 7
benefit of creditors, or if a receiver is appointed on account of the Contractor's 8
insolvency, or stop notices are served upon the Owner, or if the Contractor 9
persistently or repeatedly refuses or fails, except in cases for which extension 10
of time is provided, to supply enough properly skilled workers or proper 11
materials, or fails to make prompt payment to Subcontractors or for materials 12
or labor, or persistently disregards applicable laws, ordinances, rules, 13
regulations or orders of any public authority having jurisdiction, or otherwise is 14
guilty of a substantial violation of a provision of the Contract Documents, and 15
fails after written notice to commence and continue correction of such default, 16
neglect or violation with diligence and promptness, the Owner upon 17
certification by the Project Manager that sufficient cause exists to justify such 18
action, may, after an additional written notice and without prejudice to any other 19
remedy the Owner may have, terminate the Contract and take possession of 20
all materials, equipment, tools, construction equipment and machinery thereon 21
owned by the Contractor and may finish the Work by whatever methods the 22
Owner may deem expedient. In such case the Contractor shall not be entitled 23
to receive any further payment until the Work is finished. 24
25
B. If the unpaid balance of the Work Order Price exceeds the costs of finishing 26
the Work, including compensation for the Project Manager's and Architect’s 27
additional services made necessary thereby, Contractor will only be paid for 28
his/her actual unpaid costs from such excess. If such costs exceed the unpaid 29
balance, the contractor shall pay the difference to the Owner. The amount to 30
be paid to the Contractor or to the Owner, as the case may be, shall be certified 31
by the Project Manager, upon application, in the manner provided in Section 32
2.24 and this obligation for payment shall survive the termination of the 33
Contract. 34
35
36
2.45 SUBSTITUTION OF MATERIALS 37
38
A. When a specific manufacturer, trade name or material is specified, or indicated, 39
it is to establish a standard of quality and shall not be construed as limiting 40
competition. The intent of the Contract Documents is to specify high-grade 41
standard material and equipment, and it is not the intent of these Contract 42
Documents to exclude or omit the products of any responsible manufacturer, if 43
such products are equally acceptable in terms of quality, finish, performance, 44
durability, and serviceability, in the judgment of the Owner and the Architect, 45
to those specified herein. Wherever an article, or any class of materials, is 46
specified by the trade name or by the name of any particular patentee, 47
manufacturer or dealer, it shall be taken as intending to mean and specify the 48
article of material described or any other equal thereto in quality, finish, 49
performance, durability, and serviceability, in the judgment of the Owner and 50
the Architect, for the purpose for which it is or they are intended. 51
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1
B. If the Contractor desires to use material or equipment other than that specified, 2
he/she shall submit a request for approval of such substitution, in writing, to 3
the Project Manager by no later than 10 days prior to bid opening. Substitution 4
requests will not be considered if received after the time stipulated. 5
6
C. The Owner does not guarantee that alternative articles, components, materials 7
or equipment other than the item specified by trade name or other specific 8
identification, will fit within the design parameters of the project without 9
alteration of the project design by the Contractor. 10
11
D. The Owner has the right to reject any proposed alternative material which 12
requires alteration of the project design which impacts the safety of the public 13
or the user of a completed facility. If the proposed alternative material requires 14
alteration of the design of the Project or any aspect thereof and said alterations 15
are acceptable to the Owner, the Contractor shall be responsible for performing 16
said alterations at no additional cost to the Owner. 17
18
E. Submittals for approval of substitute materials shall contain sufficient detailed 19
information, descriptive brochures, drawings, samples or other data as is 20
necessary to provide a detailed side-by-side comparison to the specified 21
materials. It is the sole responsibility of the Contractor to submit complete 22
descriptive and technical information so the Project Manager can make proper 23
appraisal. Lack of either proper or sufficient information shall constitute cause 24
for rejection. Reference to product data will not be acceptable. 25
26
F. It is the Contractor's responsibility to confirm and correlate all quantities and 27
dimensions and coordinate with all trades whose work may be affected by the 28
requested substitution. 29
30
31
2.46 REFERENCE TO STANDARDS32
33
A. Reference to known standards shall mean and intend the latest edition or 34
amendment published prior to date of these Specifications, unless specifically 35
indicated otherwise, and to such portions of it that relate and apply directly to 36
the material or installation called for on the Project. 37
38
B. Where material is specified solely by reference to standard specifications, the 39
Contractor shall, if requested by the Project Manager, submit to the Project 40
Manager for his/her approval, data on all such material proposed to be 41
incorporated into the Work of the Contractor, listing the name and address of 42
the vendor, the manufacturer or producer, and the trade or brand names of 43
such materials. 44
45
46
2.47 SPECIFICATIONS 47
48
A. The Specifications are organized into Divisions, Sections, and Trade headings 49
based on the Construction Specifications Institute's Master format and the 50
Master format numbering system. This organization shall not control the 51
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Contractor in dividing the Work among Subcontractors or in establishing the 1
extent of the Work to be performed by any trade. The Contractor shall be 2
responsible for examining all Sections of the Specifications for inter-related 3
items of the Work, and for furnishing each item identified or specified. 4
5
B. No responsibility will be assumed by the Owner, Architect or the Project 6
Manager for omissions or duplications by the Contractor in the completion of 7
the Contract due to any alleged discrepancy in the arrangement of the material 8
in these Specifications, nor shall any such segregation of work and materials 9
operate to make the Project Manager an arbiter in defining the limits to the 10
agreements between the Contractor and his/her Subcontractors or suppliers. 11
12
C. The misplacement, addition or omission of any letter, word or punctuation mark 13
shall in no way damage the true spirit, intent or meaning of these 14
Specifications. 15
16
D. The words "shown", "indicated", "noted", "scheduled" or words of that effect 17
shall be understood to mean that reference is made to Drawings 18
accompanying these Specifications. 19
20
E. Where reference herein is made to colors or finishes "as selected", the 21
reference is to the Architect with concurrence by the Owner. 22
23
24
2.48 APPROVED APPLICATORS 25
26
A. Where specific instructions in these Specifications require that a particular 27
product and/or materials be installed and/or applied by an "approved 28
applicator" of the manufacturer, it shall be the Contractor's responsibility to 29
insure that any Subcontractors used for such work be approved applicators. 30
31
B. Contractor accordingly shall bear any and all costs, and shall reimburse Owner 32
for any such costs incurred by Owner, resulting from Contractor’s failure to 33
insure the use of an “approved applicator”. 34
35
36
2.49 DELIVERY AND STORAGE OF MATERIALS37
38
A. Deliver all manufactured materials in the original packages, containers or 39
bundles (with the seals intact), bearing the name or identification mark of all 40
manufacturers. 41
42
B. Deliver fabrications in as large assemblies as practicable and where specified 43
to be shop-primed or shop-finished; they shall be packaged or crated as 44
required to preserve such priming or finish intact and free from abrasion. 45
46
C. Store all materials in such manner as necessary to properly protect same from 47
damage, as materials or equipment damaged by handling, weather, dirt or from 48
any other cause will not be acceptable. 49
50
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D. Store materials so as to cause no obstructions (i.e. stored off all sidewalks and 1
other walkways, roadways, and underground services). The Contractor shall 2
be responsible for protecting from damage all material and equipment 3
furnished under the Contract. 4
5
6
2.50 QUALITY OF WORK7
8
A. Where not more specifically described in any of the various Sections of these 9
Specifications, the quality of work shall conform to all of the methods and 10
operations of best standards and accepted practices of the trade or trades 11
involved, and shall include all items of fabrication, construction, or installation 12
regularly furnished or required for completion of the work (including any finish), 13
and for successful operation as intended of the project and the component 14
thereof corresponding to that work. 15
16
B. All Work shall be executed by mechanics skilled in their respective lines of 17
work. 18
19
C. When completed, all parts shall have been durably and substantially built and 20
shall present a neat, finished appearance. 21
22
23
2.51 HOURS OF WORK24
25
A. Eight (8) hours of labor shall constitute a legal day's work upon all work done 26
hereunder, and it is expressly stipulated that no worker employed at any time 27
by the Contractor, or by a Subcontractor under this Contract, upon the Work, 28
shall be required or permitted to work thereon more than eight (8) hours in any 29
one (1) calendar day and forty (40) hours in any one (1) calendar week, except 30
as provided in Sections 1810-1815 inclusive, of the Labor Code of the State of 31
California, all the provisions of which are deemed to be incorporated herein as 32
if set forth in full; and it is further expressly stipulated that for each and every 33
violation of said last named stipulation, said Contractor shall forfeit, as a 34
penalty to the Owner, fifty dollars ($50.00) for each worker employed by the 35
Contractor in the execution of this Contract, for each calendar day during which 36
said worker is required or permitted to labor more than eight (8) hours in any 37
one (1) calendar day and forty (40) hours in any one (1) calendar week in 38
violation of any of said provisions of the Labor Code. 39
40
B. Notwithstanding the above stipulations, pursuant to Section 1815 of the Labor 41
Code, work performed by employees of contractors in excess of eight (8) hours 42
per day and forty (40) hours during any one (1) week shall be permitted on the 43
Project upon compensation for all hours worked in excess of eight (8) hours 44
per day at not less than one and a half (1 1/2) times the basic rate of pay. 45
46
47
2.52 WAGE RATES48
49
A. All projects under this Contract shall be subject to compliance monitoring and 50
enforcement by the Department of Industrial Relations (DIR), including the 51
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obligation to submit certified payroll records directly to the DIR Compliance 1
Monitoring Unit (CMU) at least monthly using the CMU’s eCPR system. 2
Detailed information may be obtained on the State of California’s Department 3
of Industrial Relations website, www.dir.ca.gov/dlse/cmu/CMU. 4
5
The Contractor shall also submit certified payroll records of the Contractor, 6
Subcontractors and all Sub-subcontractors of any tier to the Project Manager 7
at least monthly. 8
9
B. Contractor shall, and shall cause each of its Subcontractors (as defined in 10
Labor Code section 1722.1) to provide written proof that they are currently 11
registered with the California Department of Industrial Relations at the time of 12
bid submittal, and have paid the applicable annual fee and are thereby qualified 13
to submit a bid and to perform public work pursuant to Labor Code section 14
1725.5, prior to award of this Contract or any subcontract hereunder. No bid 15
shall be accepted, nor shall this Contract or any subcontract hereunder, be 16
entered into without such proof. 17
18
C. Pursuant to Section 1770-1780 of the Labor Code of the State of California, 19
the Director of the Department of Industrial Relations has determined the 20
general prevailing rates of wages and rates for legal holidays and overtime in 21
the locality in which this work is to be performed, which under Labor Code 22
Section 1773.1 are deemed to include employer payments for health and 23
welfare, pension, vacation, travel time and subsistence pay, and 24
apprenticeship or other authorized training programs, for each craft or type of 25
worker or mechanic needed to perform this contract. Said wage rates are 26
available only at the Fresno County Department of Public Works and Planning, 27
Design Division, and will be made available to any interested person upon 28
request. Minimum wage rates for this Project, as predetermined by the 29
Secretary of Labor, are set forth in the Special Provisions. If there is a 30
difference between the minimum wage rates predetermined by the Secretary 31
of Labor and the Prevailing Wage Rates predetermined by the Director of the 32
Department of Industrial Relations of the State of California for similar 33
classifications of labor, the contractor and his subcontractors shall pay not less 34
than the higher wage rate. 35
36
D. It shall be mandatory upon the Contractor to whom the Contract is awarded, 37
and upon any Subcontractor under him/her to pay not less than the said 38
specified rates to all laborers, workers, and mechanics employed by them in 39
the execution of the Contract, and to pay all laborers, workers and mechanics 40
not less often than once weekly. The Contractor to whom the Contract is 41
awarded shall post a copy of the determination of prevailing wages at the job 42
site. The Contractor shall require all Subcontractors to comply with Sections 43
1770-1780 of the Labor Code of the State of California and shall insert into 44
every subcontract the requirements contained therein. 45
46
E. The Contractor shall comply with Labor Code Section 1775. In accordance 47
with said Section 1775, it is hereby further agreed that the Contractor shall 48
forfeit to the Owner, as a penalty, fifty dollars ($50.00) for each laborer, worker, 49
or mechanic employed for each calendar day or portion thereof, who is paid 50
less than the said stipulated rates for any work done under the Contract, by 51
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him/her or by any Subcontractor under him/her. The difference between said 1
stipulated rates and the amount paid to each worker for each calendar day or 2
portion thereof for which each worker was paid less than said stipulated rate 3
shall be paid to each worker by the Contractor. The Contractor, and each 4
Subcontractor, shall keep or cause to be kept an accurate record showing the 5
name, address, social security number, work classification, straight time and 6
overtime hours worked each day and week, and the actual per diem wages 7
paid to each journeyman, apprentice, worker or other employee employed by 8
him/her or her in connection with the public work. The records shall be open 9
at all reasonable hours to the inspection of the Owner, to its officers and 10
agents, and to the Division of Labor Law Enforcement of the State Department 11
of Industrial Relations, its deputies and agents, or as otherwise provided by 12
applicable law (including but not limited to Labor Code 1776). 13
14
F. In case it becomes necessary for the Contractor or any Subcontractor to 15
employ on the Work under this Contract any person in a trade or occupation 16
(except executive, supervisory, administrative, clerical or other non-manual 17
workers as such) for which no minimum wage rate is specified, the Contractor 18
shall immediately notify the Owner who shall promptly thereafter determine the 19
prevailing rate for such additional trade or occupation from the time of the initial 20
employment of the person affected and during the continuance of such 21
employment. 22
23
24
2.53 APPLICATION OF HIGHEST STANDARDS AND REQUIREMENTS25
26
Whenever two (2) or more standards or requirements appear in these General 27
Conditions or in any other part of the Contract Documents that form the Contract, the 28
highest standard or requirement shall be applied and followed in the performance 29
under this Contract. 30
31
32
2.54 NONDISCRIMINATION IN EMPLOYMENT 33
34
Contractor shall comply with all Federal and State Laws prohibiting discrimination in 35
employment, including the following:36
37
A. California Fair Labor Code Section 1735, which prohibits discrimination in 38
employment on any basis listed in subdivision (a) of Section 12940 of the 39
Government Code, as those bases are defined in Sections 12926 and 12926.1 40
of the Government Code, except as otherwise provided in Section 12940 of 41
the Government Code, and applies to all employers, employment agencies and 42
labor organizations. 43
44
B. Title VII of the Federal 1964 Civil Rights Act (42 U.S.C. Section 45
2000e - 2000e - 17) which prohibits employment discrimination on the basis 46
of race, color, sex, religion, or national origin, and applies to all employers that 47
employ at least fifteen (15) workers during each working day in each of twenty 48
(20) or more calendar weeks in the current or preceding year. 49
50
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C. In addition to these two (2) laws of general application listed in the immediately 1
preceding paragraphs A and B, there are other Federal and State laws that 2
prohibit employment discrimination in particular cases. 3
4
D. The Owner is an Affirmative Action Employer and expects all of its contractors 5
and suppliers to familiarize themselves with, and comply with, all applicable 6
laws relating to employment discrimination. 7
8
E. To the extent required by law, the Contractor shall meet all requirements of law 9
relating to the participation of minority, women, and disabled veteran business 10
enterprise contracting goals, and shall comply with Public Contract Code 11
10115 et seq. and all applicable regulations. Contractor further agrees that, 12
when required, Contractor shall ensure compliance by all Subcontractors and 13
shall complete all forms required by all agencies exercising jurisdiction over 14
the project. 15
16
17
2.55 APPRENTICES 18
19
A. Pursuant to Sections 1770-1780 of the Labor Code of the State of California, 20
the Director of the Department of Industrial Relations has determined the 21
general prevailing rate of wages in the locality for each craft or type of worker 22
needed to execute the work. Said wage rates pursuant to Section 1773.2 of 23
the Labor Code are on file with the Clerk to the Fresno County Board of 24
Supervisors, and will be made available to any interested person on request. 25
A copy of this wage scale may also be obtained at the following Web Site: 26
www.dir.ca.gov/dlsr. 27
28
B. Pursuant to Section 1775 of the Labor Code of the State of California, nothing 29
in this Article shall prevent the employment of properly registered apprentices 30
upon public works. Every such apprentice shall be paid the standard wage paid 31
to apprentices under the regulations of the craft or trade at which he/she is 32
employed, and shall be employed only at the work of the craft or trade to which 33
he/she is registered. 34
35
C. Only apprentices, as defined in Section 3077, who are in training under 36
apprenticeship standards and written apprentice agreements under Chapter 4 37
(commencing at Section 3070), Division 3, of the Labor Code, are eligible to 38
be employed on public works. The employment and training of each apprentice 39
shall be in accordance with the provisions of the apprenticeship standards and 40
apprentice agreements under which he/she is training. 41
42
D. Fresno County is committed to increasing the availability of employment and 43
training opportunities, with particular attention to the plight of those who are 44
most economically disadvantaged. In an effort to advance that purpose, the 45
County will require that the Contractor and each subcontractor employed on 46
this Project shall use their best efforts to ensure that thirty-three percent (33%) 47
of apprentice hours, as determined by California Labor Code Section 1777.5 48
for each contractor and subcontractor of any tier on this Project, are performed 49
by qualified participants in state approved apprenticeship programs who also 50
are current or former “Welfare-to-Work” participants in the CalWORKs 51
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program. Provided, that nothing contained in this Paragraph D shall be 1
interpreted to relieve or in any way diminish the obligation of the Contractor 2
and each subcontractor to comply fully with all applicable apprenticeship laws 3
in accordance with the California Labor Code and the California Code of 4
Regulations; and accordingly such requirements as are contractually imposed 5
by this Paragraph D shall be in addition to such legally mandated requirements, 6
and applicable only to the extent fully consistent therewith. 7
8
E. Incentives whereby the Contractor or Subcontractor receives partial 9
reimbursement for the wages paid to apprentices who qualify may be available. 10
The incentive program is administered by the County of Fresno, Department 11
of Social Services. For questions regarding the incentive program, contact the 12
Department of Social Services at (559) 230-4008. 13
14
15
2.56 PROVISIONS REQUIRED BY LAW DEEMED INSERTED16
17
Every provision of law and clause required by law to be inserted in this contract shall 18
be deemed to be inserted, and this contract shall be read and enforced as though it 19
were included, and if through mistake or otherwise any provision is not inserted or is 20
not correctly inserted, upon application of either party the contract shall be amended 21
to make the insertion or correction. 22
23
24
2.57 DRUG FREE WORKPLACE CERTIFICATION25
26
A. The Contractor shall comply with Government Code Section 8355 in matters 27
relating to providing a drug-free workplace. 28
29
B. The Contractor shall publish a statement notifying employees that unlawful 30
manufacture, distribution, dispensation, possession, or use of controlled 31
substance is prohibited and specifying actions to be taken against employees 32
for violations, as required by Government Code Section 8355(a). 33
34
C. The Contractor shall establish a Drug-Free Awareness Program as required 35
by Government Code 8355(a)(2), to inform employees about all of the 36
following: 37
38
1. The dangers of drug abuse in the workplace, 39
40
2. The Contractor’s policy for maintaining a drug-free workplace, 41
42
3. Any available counseling, rehabilitation and employee assistance 43
programs, 44
45
4. Penalties that may be imposed upon employees for drug abuse 46
violations. 47
48
D. Provide as required by Government Code 8355(c), that everyone who provides 49
work under the Agreement. 50
51
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1. Will receive a copy of the company’s drug-free policy statement, and 1
2
2. Will agree to abide by the terms of the Contractor’s statement as a 3
condition of employment on the contract. 4
5
6
2.58 BUILDING PERMIT AND OTHER PERMITS 7
8
The Building permit shall be obtained and paid for by the Owner. All other required 9
permits are the responsibility of the Contractor to obtain. Fees for all other required 10
permits shall be reimbursed to the Contractor at actual cost when the County is 11
presented with a valid receipt. 12
13
14
2.59 CODES AND REGULATIONS 15
16
All work, materials and equipment shall be in full compliance with the California 17
Building Code; California Plumbing Code; California Electrical Code; California 18
Mechanical Code; California Fire Code; California Energy Code; as those codes may 19
be amended from time to time; Cal/OSHA Safety Regulations; all Federal, State and 20
Local laws, ordinances, regulations and Fresno County Charter provisions in effect 21
and applicable in the performance of the work. 22
23
24
2.60 JOB ORDER CONTRACTING SOFTWARE AND LICENSE 25
26
A. Job Order Contracting Software: 27
28
The County of Fresno (County) selected The Gordian Group’s (Gordian) Job 29
Order Contracting (JOC) system for the execution of the JOC program. The 30
Gordian JOC system includes Gordian’s proprietary eGordian® and Gordian 31
Cloud JOC Applications and Construction Task Catalog®, which shall be used 32
by the Contractor to prepare and submit Job Order Proposals, subcontractor 33
lists, and other requirements specified in the general conditions and as may be 34
requested by the County. The Contractor shall be required to execute 35
Gordian’s JOC System License and User Agreement, and shall pay a 1% JOC 36
System License Fee on all work awarded to the JOC contractor by the County 37
for access to the Gordian JOC System. 38
39
40
END OF SECTION 41