HomeMy WebLinkAboutMINUTES - 04032007 - C.83 �i
CONTRA COSTA COUNTY
JOB ORDER CONTRACTS - 010 & 011
FILE: 000-0707
AUTHORIZATION NOS. WW0615 &WW0616
APRIL 3,2007
PREPARED BY AND FOR:
GENERAL SERVICES DEPARTMENT
CAPITAL PROJECTS MANAGEMENT DIVISION
1220 MORELLO AVENUE, SUITE 100
MARTINEZ, CALIFORNIA 945534711
925-313-7200 FAX: 925-313-7299
CONTRACT SPECIFICATIONS
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ORDER DOCUMENT HARD COPIES
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D04" 1-877-GORDIAN
(877)467-3426
o Purchase your copies of the Construction
4 Task Catalog or Technical Specifications _.
T % directly from The Gordian Group, Inc.There
is nothing easier to use than our
Construction Task Catalog in a catalog
rack.Or,if you prefer,you can order smaller
bound books that fit nicely on the shelf.
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CO 'NTR�A rCOSTA COUNTY
General Sere 0 Department Michael J. Lango
Director
CAPITAL PROJECTS.;NIANAGEMENT
12-20 Morello Avenue;'Suite 100 Terry Mann
Martinez '.Califoenia.94553 Deputy Director
..313-7200 Pfione Rob Lim, PE
925)
('..2 ,
(925) 313=7299'-Fax PLANS AND SPECIFICATIONS FOR THIS PROJECT Manager
HAVE BEEN MAILED TO THE FOLLOWING BUILDERS
EXCHANGES AND PLAN ROOMS
SAN FRANCISCO BUILDERS EXCH DAILY PACIFIC BUILDERS/DODGE PLAN EL DORADO BUILDERS EXCHANGE
ATTN SHEILA 130 DOOLITTLE DR SUITE 1 3430 ROBIN LANE STE 7
850 SOUTH VAN NESS SAN LEANDRO CA 94577 CAMERON PARK CA 95682
SAN FRANCISCO CA 94110 510-383-1103/FAX 510-636-1858 530-672-2955/FAX 530-672-2985
415-282-8220/FAX 415-821-0363
NORTH COAST BUILDERS EXCHANGE SANTA CLARA CO BUILDERS EX BUILDERS EX OF ALAMEDA COUNTY
1030 APOLLO WAY PO BOX 8070 400 REED ST PO BOX 58032 3055 ALVARADO STREET
SANTA ROSA CA 95407 SANTA CLARA CA 95052 SAN LEANDRO CA 94577
707-542-9502/FAX 707-542-2027 408-727-4000/FAX 408-727-2779 510-483-8880/FAX 510-352-1509
BUILDERS EXCHANGE CONTRA COSTA BUILDERS EX PENINSULA BUILDERS EXCHANGE
7500 WEST LANE 2440 STANWELL DRIVE 735 INDUSTRIAL ROAD,#100
STOCKTON CA 95210 CONCORD CA 94520 SAN CARLOS CA 94070
209-478-1000/FAX 209-478-2132 925-685-8630/FAX 925-685-3424 650-591-4486/FAX 650-591-8108
SOLANO-NAPA COUNTY MARIN BUILDERS ASSOCIATION (2) SACRAMENTO BUILDERS EX(2)
BUILDERS EXCHANGE(2) 660 LAS GALLINAS AVENUE 1331 "T'STREET
135 CAMINO DORADO SAN RAFAEL CA 94903 SACRAMENTO CA 95814
NAPA CA 94558-6213 415-462-1220/FAX 415-462-1225 916-442-8991/FAX 916-446-3117
707-255-2515/FAX 707-255-2749
CAL-SBE PLACER CO. CONTRACTORS ASSOC. CONSTRUCTION BID BOARD
3023 E MYRTLE ST 271 AUBURN RAVINE RD 5910 PACIFIC CENTER BLVD STE 232
STOCKTON CA 95205 AUBURN CA 95603 SAN DIEGO CA 92121
209-546-7841/FAX 209-546-7842 530-889-3953/FAX 530-889-3956 858-777-6811/FAX 858-777-6835
VALLEY CONTRACTORS EX(2) VALLEY BUILDERS EX MECCA
951 EAST 8TH ST 1118 KANSAS 1924 FRANKLIN ST SUITE 315
CHICO CA 95928 MODESTO CA 95351 OAKLAND CA 94612
530-343-1981/FAX 530-343-3503 209-522-9031/FAX 209-522-0616 510-272-0736/FAX 510-272-9229
BPXpress Reprographics BAY VIEW HUNTERS PT BLDRS EX BPXpress REPROGRAPHICS
4740 E SECOND ST #29 3450 THIRD ST SUITE 4A 4903 CENTRAL AVENUE
BENICIA CA 94510 SAN FRANCISCO CA 94124 RICHMOND CA 94804
707-745-3593/FAX 707-745-3595 415-824-9791/FAX 415-824-2907 510-559-8299/FAX 510-559-8398
SACRAMENTO EXCHANGE-ROSEVILLE NEVADA CO CONTRACTORS ASSOC REED CONSTRUCTION DATA
1 SIERRAGATE SUITE 120-A 111-A NEW MOHAWK ROAD 30 TECHNOLOGY PARKWAYS. STE. 500
ROSEVILLE CA 95678 NEVADA CITY CA 95959 NORCROSS, GA 30092-2912
916-782-4762/FAX 916-782-4792 530-265-8541/FAX 530-265-8726 510-324-8738/FAX 800-642-2437
McGRAW HILL CONSTRUCTION F.W. DODGE
620 SUN BEAM AVENUE 1333 S. MAYFLOWER AVE STE. 300
SACRAMENTO, CA 95814 MONROVIA CA 91016-4066
916-443-5394/FAX 916-443-1748 626-932-6181/FAX626-932-6153
DocumenQ 1/29/07
(Bidder)
DIVISION C. PROPOSAL (BID FORM) for JOB ORDER CONTRACTS 010 & 011
BIDS WILL BE RECEIVED UNTIL THE 15th Day of May, 2007 at 2:00 P.M. in the Capital Projects
Management Division Office, 1220 Morello Avenue, Suite 100, Martinez, CA 94553-4711.
(1) TO THE DIRECTOR OF GENERAL SERVICES, MICHAEL J. LANGO, GENERAL
SERVICES DEPARTMENT:
The undersigned hereby proposes and agrees) to, furnish any and all required labor, material,
transportation, and services for
JOB ORDER CONTRACTS—010 & 011
Authorization No.: WW0615 & WW0616
in strict conformity with the Specifications, and other contract documents on file at the Office of the
Clerk of the Board of Supervisors, First Floor, Administration Building, 651 Pine Street, Martinez,
California, 94553, for the following sums; namely:
ADJUSTMENT FACTORS
Shall include all of the work:
Normal Working Hours (up to $25,000): Undersigned shall perform any or all tasks called for during Normal
Working Hours for Projects up to $25,000 in the quantities specified in individual Job Orders at the unit prices
listed in the Construction Task Catalog multiplied by the adjustment factor of[insert here and on page C-2]:
[As an example,the adjustment factor might be 1.1350(i.e., 13.50%over the unit prices in the Construction Task
Catalog.]
Other Than Normal Working Hours* (up to $25,000): Undersigned shall perform any or all tasks called for
during Other Than Normal Working Hours for Projects up to$25,000 in the quantities specified in individual Job
Orders at the unit prices listed in the Construction Task Catalog multiplied by the adjustment factor of [insert
here and on page C-2]:
Normal Working Hours (over $25,000): Undersigned shall perform any or all tasks called for during Normal
Working Hours for Projects over $25,000 in the quantities specified in individual Job Orders at the unit prices
listed in the Construction Task Catalog multiplied by the adjustment factor of[insert here and on page C-2]:
Other Than Normal Working Hours* (over $25,000): Undersigned shall perform any or all tasks called for
during Other Than Normal Working Hours for Projects over$25,000 in the quantities specified in individual Job
Orders at the unit prices listed in the Construction Task Catalog multiplied.by the adjustment factor of [insert
here and on page C-2]:
* Bids may be rejected if the `Other than Normal Working Hours' Factor is not equal to or greater than the
`Normal Working Hours' Factor.
x:\2007\0000707w7AO07007xrev.doc DIVISION C - 1
w
t DIVISION C. PROPOSAL (BID FOR1Vl) for JOB ORDER CONTRACTS 010 & 011 (Continued)
Award Criteria Figure Formula
Line 1. Normal Working Hours Adjustment Factor(for Projects up to $25,000) 1.
Line 2. Multiply Line 1 by(15)% [x 0.151 2.
Line 3. Other than Normal Working Hours Adjustment Factor
(for Projects up to$25,000) 3.
Line 4. Multiply Line 3 by(10)% [x 0.101 4.
Line 5.Normal Working Hours Adjustment Factor(for Projects over$25,000) 5.
Line 6. Multiply Line 5 by(60)% [x 0.601 6.
Line 7. Other than Normal Working Hours Adjustment Factor
(for Projects over$25,000) 7.
Line 8. Multiply Line 7 by(15) % [x 0.151 8.
Line 9. Add Lines 2+4+6+ 8
(This is the Award Criteria Figure(ACF)for this Contract.) ACF=
[NOTE: ACF shall be carried out to four decimal places, for example,ACF= 1.13751
(2) It is understood that this bid is based upon a Contract Term of 365 calendar days from and after
the starting date as established by the Notice to Proceed issued for the first Job Order issued under this
Contract. Completion of the work for Job Orders will be defined in calendar days from and after the
starting date as established by the Job Order Notice to Proceed.
(3) It is understood, with due allowances made for unavoidable delays, that if the Contractor should
fail to complete the Job Order Work within the stipulated time, then, he/she shall be liable to the Public
Agency in the amount as detailed in Division D of the Specifications for each calendar day said work
remains uncompleted beyond the time for completion, as and for liquidated damages and not as a
penalty; it being agreed and expressly stipulated that it would be impractical and difficult to fix the
actual amount of damage.
(4) The undersigned is familiar with the Construction Task Catalog, Technical Specifications,
Contract Specifications, and other Contract Documents.
(5) The undersigned has checked carefully all of the above figures and understands that the Board
of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in
making up this bid.
(6) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in
the interest or in behalf of any person not herein named, and that the undersigned has not directly
induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to
refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for
himself/herself an advantage over any other bidder.
x:\2007\0000707\07Ao07007XTev.doe DIVISION C - 2
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DIVISION C. PROPOSAL (BID FORM) (Continued)
(7) Attachments are:
a) Noncollusion Affidavit form.
b) Bid security as required in the Notice to Contractors.
Cash Bidder's Bond Cashier's Check Certified Check
(8) The following addenda are hereby acknowledged as being included in the bid:
Addendum# dated
Addendum# dated
Addendum# dated
NOTE: Have you
(9) Firm reviewed the
Division E
By Outreach Program
Print Name Signature and Mandatory
Subcontracting
Title Minimum (MSM)
requirements and
Address the Division G
Small Business
Phone: Fax: Enterprise(SBE)
Program for this
Federal Tax Payers I.D. or Social Security No. Contract?
Dated this day of , 20
(10) Licensed in accordance with an act providing for the registration of Contractors:
Classification and License No. , Expiration Date
(11) Representations made herein are made under penalty of perjury.
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H:\2007\0000707\07A007007xrev.doc DIVISION C - 3
r
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
State of California
ss
County of
being first duly sworn, deposes and says
that he or she is of
the party making
the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization or corporation;that the bid is genuine and not collusive
or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has
not in any manner, directly, or indirectly, sought by agreement, communication or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder, or to secure any advantage against the public
body awarding the contract of anyone interested in the proposed contract; that all statements contained
in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,
or paid, and will not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Dated:
Signed:
NOTE: THIS FORM MUST BE NOTARIZED
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Contractor,
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
[NOTARIAL SEAL]
Notary Public
H:\2007\0000707\07A007007xrev.doc DIVISION C - 4
TABLE OF CONTENTS
BIDDING REQUIREMENTS
DIVISION A. Notice to Contractors
DIVISION B. Instructions to Bidders
Section 1 General Description of Work
Section 2 Competence of Bidders
Section 3 Securing Documents
Section 4 Examination of Contract Documents
Section 5 Bidding Documents
Section 6 Submission of Proposals
Section 7 Withdrawal of Proposals
Section 8 Public Opening of Proposals
Section 8 Irregular Proposals
Section 10 Competitive Bidding
Section 11 Award of Contract
Section 12 Special Requirements
Section 13 Execution of Contract
' Section 14 Failure to Execute Contract
Section 15 Plan Holders List
DIVISION C. Proposal (Bid Form)
Post Bid Assessment(Requirements and Forms)
CONTRACT FORMS
DIVISION D. Forms
Contract (Construction Agreement)
Performance Bond
Payment Bond
CONDITIONS
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative
Action and Equal Employment Opportunity
jDIVISION F. General Conditions
Section 1 Definitions
' Section 2 Governing Laws and Regulations
Section 3 Patents and Royalties
Section 4 Contractor's Responsibility for Work and Public Utilities
Section 5 Bond and Insurance
Section 6 Subcontracting
Section 7 Time of Work and Damages
H A2007\0000707\07A007004xrev.doc
� Section 8 Progress Schedule
Section 9 Temporary Utilities and Facilities
Section 10 Permits
Section 11 Scope of Work and Procedures for Ordering Work
Section 12 Conduct of Work
Section 13 Responsibility for Site Conditions
Section 14 Inspection
Section 15 Rejection of Materials
Section 16 Interpretation of Contract Requirements
Section 17 Clarifications and Additional Instructions
Section 18 Product and Reference Standards
Section 19 Materials, Articles and Equipment
Section 20 Shop Drawings,Descriptive Data, Samples &Alternatives
Section 21 Samples and Tests
Section 22 Change In Work
Section 23 Labor
Section 24 Occupancy by the County Prior to Acceptance
Section 25 Preservation and Cleaning
Section 26 Payment of Federal or State Taxes
Section 27 Acceptance
Section 28 Final Payment and Waiver to Claims
Section 29 Guarantee Period
Section 30 Wage Rates
Section 31 Underground Service Alert
Section 32 Archaeologic Materials
Section 33 Payment of Withheld Funds
Section 34 Disputes
Section 35 Claims by Contractor
Section 36 Toxic and Hazard Materials and Waste
Section 37 Equal Employment Opportunity Guarantee form
Statement to Accompany Final Payment form
DIVISION G. Supplementary General Conditions
Small Business Enterprise Self Certification Form
CONSTRUCTION TASK CATALOG (CSI Format)
TECHNICAL SPECIFICATIONS (CSI Format)
H:\2007\0000707\07AO07004xrev.doc
000-0707B.4.1
NOTICE TO CONTRACTORS
Page 1 of 3
DIVISION A. NOTICE TO CONTRACTORS
(Advertisement)
Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that the
Director of General Services will receive bids for the furnishing of all labor, materials,
equipment, transportation and services for:
JOB ORDER CONTRACTS 010 & 011
1 Authorization No. WW0615 &WW0616
Bid proposals shall be sealed and submitted to the Director of General Services, Capital
Projects Management Division Office, 1220 Morello Avenue, Suite 100, Martinez 94553-
4711, on or before the 15 day of May, 2007 at 2:00 p.m., and will be opened in public
immediately after the time due in the Capital Projects Management Division Conference Room,
1220 Morello Avenue, Suite 100, Martinez, California 94553-4711.
This Advertisement for bids is for the award of two separate Job Order Contracts (JOCs). A
JOC is a competitively bid, unit price, indefinite quantity contract that is awarded to a Prime
Contractor. Once awarded, work is accomplished through the issuance of individual job orders.
Job Order Contracts 010 and Olt awarded under this solicitation will each have a minimum
value of$50,000 and a maximum value of$2,000,000. The County reserves the right to issue
job orders totaling less than the contract maximum value. Each contract will be for a term of 12
months.
A bidder is eligible to bid if it does not currently, as of May 1, 2007, hold a Job Order Contract
with the County with more than 25%o capacity left on the contract. A bidder will be eligible for
receiving only one of the contracts. The County anticipates advertising for additional JOC
contract(s) in the future. \
The Prime Contractor for this Job Order Contract shall hold a valid Class B General Building
Contractor's license.
The work includes repair, alteration, modernization, maintenance, rehabilitation, and demolition
work performed on buildings, offices, facilities, structures, infrastructure, or other real property.
The bid is to be in accordance with the Construction Task Catalog (CTC), Technical
Specifications, and Contract Specifications on file at the Office of the Clerk of the Board of
Supervisors, First Floor, County Administration Building, 651 Pine Street, Martinez, California.
The Contract specifications may be examined at the County Capital Projects Management
Division office, 1220 Morello Avenue, Suite 100, Martinez, California 94553-4711. The CTC
and Technical Specifications are on CD-Rom. The CTC and Technical Specifications on
CD-Rom and printed Contract Specifications are available for $25 (sales tax included),
which amount is not refundable. The CD-Rom and printed Contract Specifications may be
ordered by mail for an additional shipping and handling fee of$5. Cash purchases are to be
for the exact amount only. Checks shall be made payable to "The County of Contra Costa" and
shall be mailed to the Contra Costa County General Services Department, Capital Projects
Management Division, 1220 Morello Avenue, Suite 100, Martinez, California 94553-4711. The
Capital Projects Management Division does not guarantee the arrival of the CD-Rom and
Contract Specifications in time for bidding. Documents will not be sent overnight mail. No
partial sets will be issued.
H:\2007\0000707\07A007005xrev.doc DIVISION A- 1
000-07078.4.1
NOTICE TO CONTRACTORS
Page 2 of 3
Prospective bidders may obtain copies of the County's log of contractor plan holders on the web
at http://www.co.contra-costa.ca.us/depart/gsd/planhold/PlanHoldList.htm (updated daily at 4:00
p.m.), or by calling the Capital Projects Management Division at (925) 313-7200, or by
submitting a written request via FAX No. (925) 313-7299. Requests for copies of the plan
holders log cannot be accepted after 5:00 p.m. of the day before the bids are due.
Technical questions regarding the contract documents shall be directed in writing to the Capital
Projects Management Division, at fax number(925) 313-7299.
The bid shall be made on the bid form issued with the specifications, and must be accompanied
by bid security in the form of cash, a certified check, cashier's check, or bid bond in the amount
of ten percent (10%) of the potential maximum contract value ($2,000,000), made payable to the
order of"The County of Contra Costa."
The bid security shall be given as a guarantee that the bidder will enter into a contract if awarded .
the work, and will be forfeited by the bidder and retained by the County if the successful bidder
refuses, neglects or fails to enter into the contract or to furnish the necessary bonds and insurance
certificates after being requested to do so by the County.
Bidders are hereby notified that the Contractor may request payment of contract retention
directly into escrow or may substitute securities for contract retention, as permitted by Public
Contract Code Section 22300. Any proposed securities shall be valued by the County Treasurer-
Tax Collector, whose decision shall be final. Types of securities other than those listed in
Government Code Section 16430 or Public Contract Code Section 22300 must be approved as
eligible for investment under Public Contract Code Section 22300 by the County Treasurer-Tax
Collector before bid opening. Unless such securities are prequalified before bid opening, they
will not be accepted by the County as security.
The successful bidder will be required to furnish a Payment Bond in an amount equal to one
hundred percent (100%) of the maximum contract value and a Faithful Performance Bond in an
amount equal to one hundred percent (100%) of the maximum contract value, said bonds to be
secured from an admitted surety insurer authorized by the Insurance Commissioner to transact
business of insurance in the State of California. Each bond shall be issued on the form set forth
in the specifications.
Bidders are hereby notified that, pursuant to state statutes or local law, the Board has obtained
the general prevailing rate of per diem wages and rates for legal holidays and overtime work in
the locality in which this work is to be performed for each type of worker or mechanic required
to perform the contract to be awarded to the successful bidder. The prevailing rate of per diem
wages is on file with the Clerk of the Board of Supervisors.
The Contra Costa County Board of Supervisors has adopted an Outreach Program and a Small t
Business Enterprise (SBE) Program to provide opportunities for Minority Business Enterprises
(MBEs), Women Business Enterprises (WBEs), Small Business Enterprises (SBEs), Local
Business Enterprises (LBEs), and Disabled Veterans Business Enterprises (DVBEs) to
participate in construction contracts awarded by the Board. For job orders up to $50,000, the
County has established a 50% goal for SBE participation. For job orders exceeding $100,000,
the successful bidder (Prime Contractor) will be required to perform and document outreach to
MBEs, WBEs, SBEs, LBEs, and DVBEs. . The Outreach Program and SBE Program
requirements, including definitions, are described in Division E and Division G of the
Specifications.
x:\2007\0000707\07ao07005xrev.doe DIVISION A - 2
000-0707/B.4.1
NOTICE TO CONTRACTORS
Page 3 of 3
A MANDATORY Pre-Bid Conference will be held on
Thursday, April 19, 2007
At 10:00 a.m.
Contra Costa County General Services Department
1220 Morello Avenue, Suite 200 Conference Room, Martinez
Attendance at the above meeting is required. Failure to attend will result in rejection of the
bidder's bid. The pre-bid conference will cover the JOC program, the Outreach Program,
resources, and any other subjects of interest to attendees.
The Board reserves the right to reject any and all bids or any portion of any bid and/or waive any
irregularity in any bid received. Bids may not be withdrawn for a period of 60 days after the date
set for opening thereof.
` BY ORDER OF THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY
JOHN CULLEN,
Clerk of the Board of Supervisors
and County Administrator
By:
Deputy
Dated:
PUBLICATION DATES:
H:\2007\0000707\07A007005xrev.doc DIVISION A - 3
DIVISION B. INSTRUCTIONS TO BIDDERS
A bidder is eligible to bid if it does not currently, as of May 1, 2007, hold a Job Order Contract
with the County with more than 251/o capacity left on the contract. The County anticipates
advertising for additional JOC contract(s) in the future.
Bidders shall carefully examine the instructions contained herein and satisfy themselves as to the
conditions with which they must comply prior to bid in submitting their proposal, and to the
conditions affecting the award of contract.
SECTION 1. GENERAL DESCRIPTION OF WORK:
A. A Job Order Contract (JOC) is an indefinite quantity contract where the Contractor will
perform a variety of projects at different locations. The County has published a Construction
Task Catalog ("CTC") which lists various construction tasks with preset unit.prices. The
CTC was developed based on experienced labor rates and high quality material prices. All
unit prices are based on local labor, material and equipment prices, including the current
prevailing wages. The price of an individual project will be determined by multiplying the
preset unit prices and the appropriate quantities by the appropriate Adjustment Factor, which
the successful contractor submitted in its bid. The County offers free training (through its
consultant) to the JOC contractor on how to develop price proposals and using the web-
based JOC software.
B. When a project arises, the County will issue a Request for Proposal and Scope of Work to
the Contractor. The Contractor will review the Scope of Work and develop a Price Proposal
using appropriate tasks, quantities, and the applicable Adjustment Factor. The County will
review the Contractor's Proposal and if found to be reasonable and acceptable, a job order
maybe issued.
C. Minimum and Maximum Contract Values
1. The Minimum Contract Value is $50,000. The Contractor will receive job orders
totaling at least $50,000 during the contract term.
2. The Maximum Contract Value is $2,000,000. The Contractor may receive job orders up
to the Maximum Contract Value, however there is no guarantee that this will happen.
SECTION 2. COMPETENCE OF BIDDERS:
TA. License: No bidder may bid on work of a kind for which he is not properly licensed, and
any such bid received may be disregarded. See Division A, Notice to Contractors, for
license classification required for this project.
B. Bidders shall be experienced in the type of work for which they are bidding and shall upon
request of the County, submit to the County a written list of completed projects, with the
name of the owner or contract officer indicated.
C. County may not permit a Contractor or subcontractor who is ineligible to bid or work on,
or be awarded, a Public Works project pursuant to Section 1777.1 or 1777.7 of the Labor
Code to bid on,be awarded, or perform work as a subcontractor on this project. Contractor
is prohibited from performing work on this project with a subcontractor who is ineligible
to perform work on a Public Works project pursuant to Section 1777.1 or 1777.7 of the
Labor Code.
H:\2007\0000707\07A00?006xrev.doc DIVISION B - 1
DIVISION B. INSTRUCTIONS TO BIDDERS
SECTION 3. SECURING DOCUMENTS:
A. Contract Documents may be secured at the place and for the deposit,or fee as specified in
Division A, "Notice to Contractors."
SECTION 4. EXAMINATION OF CONTRACT DOCUMENTS:
A. CONTRACTOR'S RESPONSIBILITY:
Bidders shall examine carefully the Contract Documents. Bidders shall investigate and
satisfy themselves as to the requirements of the Contract Documents, including the
Construction Task Catalog and Technical Specifications, of the contract.
B. RESPONSIBILITY FOR UTILITIES:
As part of the responsibility stated in subdivision A. above, and without limitation thereon,
the Contractor shall be responsible for any and all work, or special precautions caused or
required by the existence of proximity of utilities encountered in performing the work,
including without limitation thereon, repair of any or all damage and all hand or
exploratory excavation required. The bidder is cautioned that such utilities may include
communication cables or electrical cables which may be high voltage, and the ducts
enclosing such cables, and when working or excavating in the vicinity thereof, the special
precautions to be observed at the Contractor's own cost shall also include the following:
All such cables and their enclosure ducts shall be exposed by careful hand excavation so as
not to damage the ducts or cables, nor cause injury to persons, and suitable warning signs,
barricades and safety devices shall be erected as necessary or required.
In connection with the foregoing, the bidders attention is invited to Section 13 'of Division
F of these Specifications.
C. DISCREPANCIES OR ERRORS:
If omissions, discrepancies, or apparent errors are found in the Contract Documents prior
to the date of bid opening, the bidder shall submit a written request for a clarification
which will be given in the form of an addendum to all bidders if time permits. Otherwise,
in estimating the work, the bidders shall consider that any discrepancies or conflict within
or between the Contract Documents shall be governed by Section 16 of Division F of these
Specifications.
SECTION 5. BIDDING DOCUMENTS
A. Bids shall be made on the special Proposal (Bid Form) (See Division C of this y
Specification), with all items completely filled out; numbers shall be stated both in writing
and in figures, and in case of discrepancies the lower of the two shall govern; the
signatures of all persons signed shall be in longhand. The completed form should be
without interlineations, alterations or erasures. Additional copies of the Proposal (Bid
Form)may be obtained from those supplying these Specifications.
B. Bids shall not contain any recapitulation of the work to be done; alternative proposals will
not be considered, unless called for. No oral, telegraphic or telephonic proposals or
modifications will be considered.
x:\2007�0000707\07Ao07006xrev.aoc DIVISION B -2
DIVISION B. INSTRUCTIONS TO BIDDERS (Continued)
C. List of Proposed Subcontractors: Each Job Order proposal shall include a listing of the
name and address of each subcontractor to whom the bidder proposes to subcontract
portions of the work in an amount in excess of one-half of 1 percent of the total Job Order,
in accordance with Section 4104 of the Public Contract Code. This applies only to each
individual Job Order and the Contractor is not required to submit a list of subcontractors at
the time of bid for the JOC Contract.
See Section 6 of Division F of these Specifications for further reference to subcontractors.
D. Noncollusion Affidavit: Bidders shall execute, have notarized, and submit with their bid,
the Noncollusion Affidavit form included in Division C, Proposal (Bid Form).
E. Bidder's Security: All bids shall have enclosed cash, a cashier's check, certified check or a
bidder's bond as described below, executed as surety by a corporation authorized to issue
surety bonds in the State of California, made payable to "The County of Contra Costa," in
an amount equal to at least 10 percent (10%) of the Maximum Contract Amount which is
$2,000,000. No bid shall be considered unless one of the forms of bidder's security is
enclosed therewith. Bid security will be held until either(1)the contract has been executed
and bonds have been furnished, or (2) the specified time has elapsed so that bids may be
withdrawn, or(3) all bids have been rejected.
SECTION 6. SUBMISSION OF PROPOSALS:
A. Proposals shall be submitted to the Clerk of the Board of Supervisors of Contra Costa
County at the place indicated on the Bid Proposal. It is the sole responsibility of the bidder
to see that his/her bid is received in proper time.
B. All proposals shall be submitted under sealed cover,plainly identified as a proposal for the
work being bid upon and addressed as directed in the Notice to Contractors and the Bid
Proposal. Failure to do so may result in a premature opening of, or a failure to open such
bid. Proposals which are not properly marked may be disregarded.
SECTION 7. WITHDRAWAL OF PROPOSALS:
A. Any proposal may be withdrawn at any time prior to the time fixed in the public notice for
the opening of bids, provided that a request in writing, executed by the bidder or his/her
duly authorized representative, for the withdrawal of such bid is filed with the Clerk of the
Board of Supervisors of Contra Costa County. An oral, telegraphic, or telephonic re nest
to withdraw a bid proposal is not acceptable. The withdrawal of a bid shall not prejudice
the right of a bidder to file a new bid. This article does not authorize the withdrawal of any
proposal after the time fixed in the public notice for the opening of proposals.
SECTION 8. PUBLIC OPENING OF PROPOSALS:
A. Proposals will be publicly opened and read at the time and place indicated in the Notice to
Contractors. Bidders or their authorized agents are invited to be present.
B. Bid results will also be available on the Internet the day after the bid opening. The Internet
address is: http://www.co.contra-costa.ca.us/depart/gsd.
x:\2007\0000707\07Ao07006xrev.aoc DIVISION B - 3
DIVISION B. INSTRUCTIONS TO BIDDERS (Continued)
SECTION 9. IRREGULAR PROPOSALS:
Proposals may be rejected if they show any alteration of form, additions not called for, r
conditional bids, incomplete bids, erasures, or irregularities of any kind. If bid amount is
changed after the amount is originally inserted,the change should be initialed.
SECTION 10. COMPETITIVE BIDDING:
A. If more than one proposal is offered by any individual, firm, partnership, corporation,
association or any combination thereof, under the same or different names, all such
proposals may be rejected. A party who has quoted prices on materials or work to a bidder
is not thereby disqualified from quoting prices to other bidders, or from submitting a bid
directly for the materials or work.
B. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as
to control or affect the awarding of this contract is in violation of the competitive bidding
requirements of the State law and may render void any contract let under suchi
circumstances.
SECTION 11. AWARD OF CONTRACT:
A. The right is reserved to reject any and all proposals. ~
B. The proposal forms C-1 through C-4 are included in the Contract Specifications as inserts.
C. The award of the contracts, if awarded, will be to the lowest two responsible bidders whose
proposal complies with the requirements prescribed in the Contract Documents. For
purposes of award, the lowest two bids will be determined using the Award Criteria
Figure (ACF) listed in the Proposal(Bid Form). The successful bidders shall be required
to comply with all requirements prescribed in the Contract Documents, including without
limitation the requirements for the Outreach Program (see Division E) and the Small
Business Enterprise (SBE) Program (see Division G).
D. The County intends to award all two JOC contracts. However, the County reserves the
right to award none, one, or both JOC contracts. If one JOC contract is awarded, it will be
awarded to the lowest responsive and responsible bidder.. If both JOC contracts are
awarded, it will be awarded to the lowest two responsive and responsible bidders.
E. Prior to award, the two apparent low bidders shall submit their Post-Bid Assessment
information for the County's review. In order to be awarded a contract, the bidder must j
pass the Post-Bid Assessment. The Post-Bid Assessment requires the Contractor to list
references, ongoing projects, a Project Management Plan, the assigned Project Manager for
the contract, a list of possible Superintendents, and other information. At the County's sole
discretion, the Post-Bid Assessment submittal may be waived or scaled down on a case-by-
case basis.
1. If the contract is awarded and the Contractor wishes to change the Project Manager
at any point during the term of the contract, the Contractor must notify the County
two weeks prior to bringing on a new Project Manager. The Contractor must
provide the County with a resume of the proposed new Project Manager. The
Project Manager cannot be changed without the expressed written consent of the _
County.
x:�2007\0000707\07Ao07066xrev.aoc DIVISION B - 4
DIVISION B. INSTRUCTIONS TO BIDDERS (Continued)
2. The Contractor must notify the County of the Superintendent to be used for each
individual Job Order prior to the start of work. If the Contractor chooses to use a
Superintendent who was not listed in its Post-Bid Assessment information, the
Contractor must provide a resume to the County two weeks prior to the start of the
project. No Superintendent will be used on a project without the express written
consent of the County.
F. If the contract is awarded, but such award is later invalidated for any reason, all bids shall
be deemed rejected and no other bidder shall be deemed eligible for contract award.
Nothing in this section shall prevent the County from reawarding the contract to another
bidder in cases where a successful bidder establishes a mistake, refuses to sign the contract
or fails to furnish required bonds or insurance (see Public Contract Code, Sections 5100-
5107).
SECTION 12. SPECIAL REQUIREMENTS:
A. The bidder's attention is invited to the following special provisions of the contract, all of
which are detailed in the General Conditions (Division F) or other documents included in
these Specifications.
1) Bonds
2) Insurance
3) Liquidated Damages
4) Guarantee
5) Inspection and Testing of Materials
6) Facilities to be Provided at Site
7) Assignment of Contract Prohibited
8) Outreach Program (See Division E).
9) Small Business Enterprise (SBE) Program (see Division G)
SECTION 13. EXECUTION OF CONTRACT:
A. The contract (example in Division D) shall be signed by the successful bidder in duplicate
counterpart and returned within five (5) days of receipt, not including Saturdays, Sundays
and legal holidays, together with the Contract Bonds and Certificates of Insurance. No
contract shall be binding upon the County until it has been executed by the Contractor and
the County.
B. Should the Contractor begin work in advance of receiving notice that the contract has been
approved as above provided, any work performed by him will be at his own risk and as a
volunteer unless said contract is so approved.
SECTION 14. FAILURE TO EXECUTE CONTRACT:
A. Failure to execute a contract and file acceptable bonds and certificates of insurance as
provided herein within ten (10) days, not including Saturdays, Sundays and legal holidays,
after the successful bidder has received the contract for execution, shall be dust cause for
the annulment of the award and the forfeiture of the bidder's security. If the successful
bidder refuses or fails to execute the contract, the County may award the contract to the
second lowest responsible bidder. If the second lowest responsible bidder refuses or fails
to execute the contract, the County may award the contract to the third lowest responsible
bidder. On the failure or refusal of the second or third lowest responsible bidder to whom
any such contract is so awarded to execute the same, such bidders' securities shall be
H:\2007\0000707\07A007006xrev.doc DIVISION B - 5
DIVISION B. INSTRUCTIONS TO BIDDERS (Continued)
likewise forfeited to the County. The work may then be readvertised or may be
constructed by day labor as provided by State law.
SECTION 15. PLAN HOLDERS LIST:
l
A. Prospective bidders may obtain copies of the County's log of contractor plan holders on the
web at http://www.co.contra-costa.ca.us/depart/gsd/planhold/PlanHoldList.htm (updated
daily at 4:00 p.m.).
B. Copies of the plan holders list may also be examined or obtained for no cost at the Capital
Projects Management Division, 1220 Morello Avenue, Suite 100, Martinez, California,
Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.
C. Copies will be FAXED upon request, however, they will not normally be FAXED until
after 5:00 p.m. on the day requested in order to avoid tying up the FAX machine during
regular office hours.
D. Requests for FAX copies of the plan holders list will not be accepted after 5:00 p.m. of the
day before the bids are due.
RL:tb
�1
H:\2007\0000707\07A007006xrev.doc DIVISION B - 6
(Bidder)
DIVISION C. PROPOSAL (BID FORM) for JOB ORDER CONTRACTS 010 & 011
BIDS WILL BE RECEIVED UNTIL THE 15th Day of May, 2007 at 2:00 P.M. in the Capital Projects
Management Division Office, 1220 Morello Avenue, Suite 100, Martinez, CA 94553-4711.
(1) TO THE DIRECTOR OF GENERAL SERVICES, MICHAEL J. LANGO, GENERAL
SERVICES DEPARTMENT:
The undersigned hereby proposes and agrees to furnish any and all required labor, material,
transportation, and services for
JOB ORDER CONTRACTS—010 & 011
Authorization No.: WW0615 & WW0616
in strict conformity with the Specifications, and other contract documents on file at the Office of the
Clerk of the Board of Supervisors, First Floor, Administration Building, 651 Pine Street, Martinez,
California, 94553, for the following sums; namely:
ADJUSTMENT FACTORS
Shall include all of the work:
Normal Working Hours (up to $25,000): Undersigned shall perform any or all tasks called for during Normal
Working Hours for Projects up to $25,000 in the quantities specified in individual Job Orders at the unit prices
listed in the Construction Task Catalog multiplied by the adjustment factor of[insert here and on page C-2]:
o
[As an example, the adjustment factor might be 1.1350 (i.e., 13.50%over the unit prices in the Construction Task
Catalog.]
Other Than Normal Working Hours* (up to $25,000): Undersigned shall perform any or all tasks called for
during Other Than Normal Working Hours for Projects up to $25,000 in the quantities specified in individual Job
Orders at the unit prices listed in the Construction Task Catalog multiplied by the adjustment factor of [insert
here and on page C-2]:
Normal Working Hours (over $25,000): Undersigned shall perform any or all tasks called for during Normal
Working Hours for Projects over $25,000 in the quantities specified in individual Job Orders at the unit prices
listed in the Construction Task Catalog multiplied by the adjustment factor of[insert here and on page C-2]:
Other Than Normal Working Hours* (over $25,000): Undersigned shall perform any or all tasks called for
during Other Than Normal Working Hours for Projects over$25,000 in the quantities specified in individual Job
Orders at the unit prices listed in the Construction Task Catalog multiplied by the adjustment factor of [insert
here and on page C-2]:
* Bids may be rejected if the `Other than Normal Working Hours' Factor is not equal to or greater than the
`Normal Working Hours' Factor.
x:\007\0000707\07Ao07007Xrev.doc DIVISION C - 1
DIVISION C. PROPOSAL BID FORM for JOB ORDER CONTRACTS 010 & 011 Continued
Award Criteria Figure Formula
Line 1. Normal Working Hours Adjustment Factor(for Projects up to$25,000) 1.
Line 2. Multiply Line 1 by(15)% [x 0.151 2.
Line 3. Other than Normal Working Hours Adjustment Factor
(for Projects up to$25,000) 3.
Line 4. Multiply Line 3 by(10) % [x 0.101 4
Line 5.Normal Working Hours Adjustment Factor(for Projects over$25,000) 5
Line 6. Multiply Line 5 by(60)% f x 0.601 6.
Line 7. Other than Normal Working Hours Adjustment Factor �.
(for Projects over$25,000) 7.
Line 8. Multiply Line 7 by(15)% [x 0.151 8.
Line 9. Add Lines 2+4+6+ 8
(This is the Award Criteria Figure(ACF)for this Contract.) ACF=
[NOTE: ACF shall be carried out to four decimal places, for example,ACF= 1.13751
(2) It is understood that this bid is based upon a Contract Term of 365 calendar days from and after
the starting date as established by the Notice to Proceed issued for the first Job Order issued under this
Contract. Completion of the work for Job Orders will be defined in calendar days from and after the
starting date as established by the Job Order Notice to Proceed.
(3) It is understood, with due allowances made for unavoidable delays,that if the Contractor should
fail to complete the Job Order Work within the stipulated time, then, he/she shall be liable to the Public
Agency in the amount as detailed in Division D of the Specifications for each calendar day said work
remains uncompleted beyond the time for completion, as and for liquidated damages and not as a
penalty; it being agreed and expressly stipulated that it would be impractical and difficult to fix the
actual amount of damage.
(4) The undersigned is familiar with the Construction Task Catalog, Technical Specifications,
Contract Specifications, and other Contract Documents.
(5) The undersigned has checked carefully all of the above figures and understands that the Board
of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in
making up this bid.
(6) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in
the interest or in behalf of any person not herein named, and that the undersigned has not directly
induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to
refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for
himself/herself an advantage over any other bidder.
H:\2007\0000707\07Ao07007xrev.doc DIVISION C - 2
DIVISION C. PROPOSAL BID FORM Continued
(7) Attachments are:
a) Noncollusion Affidavit form.
b) Bid security as required in the Notice to Contractors.
Cash Bidder's Bond Cashier's Check Certified Check
(8) The following addenda are hereby acknowledged as being included in the bid:
Addendum# dated
Addendum# dated
Addendum # dated
NOTE: Have you
(9) Firm reviewed the
Division E
By Outreach Program
Print Name Signature and Mandatory
Subcontracting
Title Minimum (MSM)
requirements and
Address the Division G
Small Business
Enterprise(SBE)
Phone: Fax: Program for this
Federal Tax Payers I.D. or Social Security No. Contract?
Dated this day of , 20
(10) Licensed in accordance with an act providing for the registration of Contractors:
Classification and License No. , Expiration Date
(11) Representations made herein are made under penalty of perjury.
RL:tb
H:\2007\0000707\07A007007xrev.doc DIVISION C - 3
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
State of California
ss
County of
being first duly sworn, deposes and says
that he or she is of
the party making
the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization or corporation; that the bid is genuine and not collusive
or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has
not in any manner, directly, or indirectly, sought by agreement, communication or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder, or to secure any advantage against the public
body awarding the contract of anyone interested in the proposed contract; that all statements contained
in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,
or paid, and will not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Dated:
Signed:
NOTE: THIS FORM MUST BE NOTARIZED
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Contractor,
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
[NOTARIAL SEAL]
Notary Public
H:\2007\0000707\07A007007xrev.doc DIVISION C - 4
File: /C.1.1
CONTRACT
(Construction Agreement)
(Contra Costa County Standard Form)
1. SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: (Public Agency) CONTRA COSTA COUNTY
(Contractor)
(See Sec.2) Effective Date: (See Section 4 for starting date.)
(See Sec.3) The Work:
(See Sec.4) Completion Time: As directed in Notice to Proceed issued to Contractor for each individual Job Order.
(See Sec.5) Liquidated Damages:
(See Sec.6) Public Agency's Agent:Michael J.Lango,Director of General Services
(See Sec.7) Contract Price:
(See Sec.8) Federal Taxpayers I.D.or Social Security No.:
2. SIGNATURES&ACKNOWLEDGEMENT.
Public Agency, By: Date:
Michael J.Lango,Director of General Services
Recommended By: Date:
Rob Lim,Capital Projects Division Manager
Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation
Law.
By:
(Designate official capacity in the business) (CORPORATE
�. SEAL)
By:
(Designate official capacity in the business)
Note to Contractor: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board,
president or vice-president;the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ.
Code,Sec. 1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Contractor, personally
known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
[NOTARIAL SEAL]
Notary Public
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3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date,these parties promise and agree as set
forth in this contract,incorporating by these references the material("special terms")in Section 1.
(b) The Work of this Contract consists of all Job Orders issued by the Public Agency to the Contractor, as further described in the Detailed
Scope of Work for each individual Job Order.
(c) Contractor shall in a workmanlike manner,fully and faithfully perform and complete the work,and will furnish all materials,labor,services
and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the
Public Agency's Contract Documents,including the Construction Task Catalog and Technical Specifications.
(d) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the
Public Agency shall never have to pay more than specified in Section 7 without such an order.
4. TIME: NOTICE TO PROCEED. The term of the contract commences on the effective date of the Notice to Proceed issued for the first job
order.
TERM: The term of the Job Order Contract will be either for one year or when issued Job Orders totaling the Maximum Contract Value
including any options have been completed,whichever occurs first. All Job Orders,to be valid,must be issued but not necessarily completed
within one calendar year of the commencement date of the Contract. Supplemental Job Orders used to reconcile existing Job Orders may be
issued after the one calendar year term.
JOB ORDER NOTICE TO PROCEED. Contractor shall start the work as directed in the Notice to Proceed issued to Contractor for each
individual Job Order,and shall complete it within the time specified in the Notice to Proceed or the Detailed Scope of Work for the Job Order.
5. LIQUIDATED DAMAGES. If the Contractor fails to complete the work on any individual Job Order within the time fixed therefor,allowance
being made for contingencies as provided herein, the Contractor becomes liable to the Public Agency for all its loss and damage therefrom; and
because, from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage
from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified
below, the result of the parties'reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said
work; and if the same be not paid,Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due
Contractor under the Job Order(s). If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time,
its duration shall be added to the time allowed for completion,but it shall not be deemed a waiver nor be used to defeat any right of the Agency to
damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215, the Contractor shall not be assessed liquidated
damages for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for
removal or relocation of existing utility facilities.
SCHEDULE FOR LIQUIDATED DAMAGES(if liquidated damages are applicable on a Job Order)
Job Order Amount Per Calendar Day
$1.00 to$25,000.00 $235.00
$25,001.00 to$100,000.00 $325.00
$100,001.00 to$250,000.00 $410.00
$250,001.00 to$500,000.00 $525.00
$500,001.00 to$1,000,000.00 $750.00
6. INTEGRATED DOCUMENTS. The Contract Documents of the Public Agency's call for bids(including the Construction Task Catalog and
Technical Specifications),the Contractor's accepted bid for the work, and the Detailed Scope of Work for each Job Order are incorporated into this
contract;and they are intended to cooperate,so that anything shown or described in one and not in another is to be executed as if shown or described
in all, to the true intent and meaning when taken all together; and differences of opinion concerning these shall be finally determined by Public
Agency's Agent specified in Section 1.
7. PAYMENT. (a)For the Contractor's strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,
the Public Agency shall pay the Contractor the sum listed in the Detailed Scope of Work for each individual Job Order,but in no event shall the total
payment to the Contractor exceed the sum specified in Section 1.
(b) On or about the first of each calendar month, the Contractor shall be paid for all work done through the 15th of the preceding calendar
month,as determined by Public Agency or its Agent,minus 10%thereof pursuant to Public Contract Code Section 9203,but not until defective work
and materials have been removed,replaced,and made good.
8. PAYMENTS WITHHELD. (a)The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all
or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of.
(1) Defective work not remedied,or uncompleted work,or ;
(2) Claims filed or reasonable evidence indicating probable filing,or
(3) Failure to properly pay subcontractors or for material or labor,or
(4) Reasonable doubt that the work can be completed for the balance then unpaid,or
(5) Damage to another Contractor,or
(6) Damage to the Public Agency,other than damage due to delays.
(b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses,the materials and labor '
which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts.
x:\2007\0000707\07A007008x.aoc DIVISION D -2
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(c) 35 calendar days after the Public Agency files its notice of completion for each individual Job Order, it shall issue a certificate to the
Contractor and pay the balance of the contract price then owing after deducting all amounts withheld under this contract,provided the Contractor
shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the
Contractor,and no liens or withhold notices have been filed against the work or site,and provided there are not reasonable indications of defective or
missing work or of late-recorded notices of liens or claims against Contractor.
9. INSURANCE. (Labor Code Sections 1860-61) On signing this contract, Contractor must give Public Agency(1) a certificate of consent to
self-insure issued by the Director of Industrial Relations,or(2)a certificate of Workers'Compensation insurance issued by an admitted insurer,or(3)
an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the
Workers'Compensation Law.
10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s)
specified in the specifications or special provisions,guaranteeing Contractor's faithful performance of this contract and Contractor's payment for all
labor and materials hereunder.
11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply
sufficient materials or workers to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof
by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price.
12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,especially Chapter I
of Part 7 of the California Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,& 1777.6 forbidding discrimination)and
intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor
Code,especially in Sections 1775& 1813,concerning prevailing wages and hours,shall apply to this agreement as though fully stipulated herein.
13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein.
14. WAGE RATES. (a)Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general
prevailing rates of wages per diem, and for holiday and overtime work, in the locality in which this work is to be performed, for each craft,
classification,or type of worker needed to execute this contract,and said rates are as specified in the call for bids for this work or are on file with the
Public Agency,and are hereby incorporated herein.
(b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the
number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced,but
the hourly rate remains as stated.
(c) The Contractor,and all Contractor's subcontractors,must pay at least these rates to all persons on this work,including all travel,subsistence,and
fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage
scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for
the Contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative,
clerical or other non-manual workers as such) for which no minimum wage rate is specified, the Contractor shall immediately notify the Public
Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which
shall apply from the time of the initial employment of the person affected and during the continuance of such employment.
15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no worker employed at any time on this
work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections
1810-1815.
16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and
1777.6,forbidding discrimination.
17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the
Contractor therefore promises to use the products,workers,laborers and mechanics of this County in every case where the price,fitness and quality
are equal.
18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or
in part,nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,
unless they have waived notice of assignment.
19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected, or statement
by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or
acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the
Contractor of Contractor's obligation to fulfill this contract as prescribed;nor shall the Public Agency be thereby estopped from bringing any action
for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof.
20. HOLD HARMLESS & INDEMNIFICATION. (a) Contractor promises to and shall defend, indemnify, save, and hold harmless the
indemnitees from the liabilities as defined in this section.
(b) The indemnitees benefitted and protected by this promise are the Public Agency and its elective and appointive boards, commissions,
officers, agents, and employees,together with any additional persons and entities, if any, listed in the Supplementary General Conditions(Division
_ G).
(c) The liabilities protected against are any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees,
losses, or liabilities arising out of or in connection with the actions defined below for personal injury, sickness, disease, emotional injury, death,
property damage (including loss of use), trespass,nuisance, inverse condemnation,patent infringement, or any combination of these, regardless of
whether or not such liability, claim, or damage was foreseeable at any time before the Public Agency approved the improvement plans or accepted
the improvements as completed,and including the defense of any suit(s)or action(s)at law or equity concerning these.
x:\2007\0000707\07Ao07008x.doc DIVISION D - 3
Page 3 of 4
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r
(d) The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this contract
and attributable to the Contractor, subcontractor(s), supplier(s), trucker(s), anyone for whose acts the Contractor may be liable, or any officer(s),
agent(s)or employee(s)of one or more of them.
(e) The promise and agreement in this section is not conditioned or dependent on whether or not any indemnitee has prepared,supplied,or
approved any plan(s), drawing(s), specification(s), or special provision(s) in connection with this work or has insurance or other indemnification
covering any of these matters.
(f) Except as prohibited by Civil Code Section 2782,the Contractor's obligations under this section shall exist regardless of the existence or
degree of fault of the Public Agency or any indemnitee.
(g) The Contractor's obligations under this section shall extend to claims arising after the work is completed and accepted if the claims are
related to alleged acts or omissions that occurred during the course of the work. Public Agency's inspection is not a waiver of full compliance with
these requirements.
(h) The Contractor and the Contractor's insurance carrier(s) shall respond within 15 days to the tender of any claim for defenseand
indemnity by the Public Agency,unless this time has been extended by the Public Agency. .
(i) With respect to third-party claims against the Contractor,the Contractor waives all rights of any kind to express or implied indemnity
against the indemnitees.
0) Nothing in this section is intended to establish a standard of care owed to any third party or to extend to any third party the status of a
third-party beneficiary.
21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a
detailed plan showing the.design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground
during trench excavation.
22. RECORD RETENTION AND AUDITING. Except for materials and records delivered to Public Agency, Contractor shall maintain and
retain,for a period of at least five years after Contractor's receipt of the final payment under this contract,all records relating to this contract or to the
work, including without limitation estimates, bids, shop drawings, submittals, subcontracts, personnel and payroll records,job reports and diaries,
receipts,invoices,cancelled checks and financial records. Upon request by Public Agency,at no additional charge,Contractor shall promptly make
such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra
Costa County designated by Public Agency,and without restriction or limitation on their use.
23. VENUE. Any litigation involving this contract or relating to the work shall be brought in Contra Costa County,and Contractor hereby waives
the removal provisions of Code of Civil Procedure Section 394.
24. ENDORSEMENTS. Contractor shall not in its capacity as a Contractor with Contra Costa County publicly endorse or oppose the use of any
particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County Contractor capacity,Contractor
shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and
widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County Contractor capacity,
Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial
product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its
views on products to other Contractors,the Board of Supervisors,County officers,or others who may be authorized by the Board of Supervisors or
by law to receive such views.
25. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,
written agreement with the affected property owner(s).
(CC-1;Rev.2-07)
(Form approved by County Counsel)
H:\2007\0000707\07A007008x.doc DIVISION D - 4
Page 4 of 4
PERFORMANCE BOND--PUBLIC WORK
Bond No.
Premium
Any claim under this Bond should be
Sent to the following address:
KNOW ALL MEN BY THE PRESENTS:
That we,
As Principal, and ,
a corporation organized and existing under the laws of the State of
and authorized to transact surety business in the State of California, as
Surety, are held and firmly bound unto CONTRA COSTA COUNTY, as Obligee, in the sum of
Dollars ($ ) lawful money of the United States of America, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
and severally, firmly by these presents.
THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract
dated , 20 , with the Obligee to do and perform the following work, to wit:
' as is more specifically set forth in the contract documents, reference to which is hereby made.
NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract
documents required to be performed on its part, at the times and in the manner specified therein, then this
obligation shall be null and void, otherwise it shall remain in full force and effect.
' PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the
time of completion, which may be made pursuant to the terms of said contract documents, shall not in any
way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the
provisions of said contract documents release either the Principal or the Surety, and notice of such alterations
or extensions of time is hereby waived by the Surety.
PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified
above, the Principal and the Surety, their heirs, executors, administrators, successors and assigns,jointly and
severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation expenses
incurred by the Obligee in collecting monies due under the terms of this bond.
SIGNED AND SEALED, this day of , 20
(Principal) (Surety)
By
(Signature) (Signature)
(SEAL AND ACKNOWLEDGEMENT OF NOTARY) (SEAL AND ACKNOWLEDGEMENT OF NOTARY)
DIVISION D— 5
H:\2007\0000707\07A007012.doc
1
PAYMENT BOND -- PUBLIC WORK
[Civ. Code, §§3247 - 32481
Bond No.
Premium
Any claim under this Bond should be
Sent to the following address:
KNOW ALL MEN BY THE PRESENTS:
That we,
As Principal, and ,
a corporation organized and existing under the laws of the
State of and authorized to transact surety business in the State of
California, as Surety, are held and firmly bound unto CONTRA COSTA COUNTY, as Obligee, in the sum
of Dollars ($ ) lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns,jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract
dated , 20 , with the Obligee to do and perform the following work, to wit:
as is more specifically set forth in the contract documents, reference to which is hereby made.
NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section
3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or
labor performed under the contract, or for any amounts required to.be deducted, withheld and paid over to
the Employment Development Department from the wages of employees of the Principal and subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the
Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case
suit is brought upon this bond, a reasonable attorney's fee,to be fixed by the court.
This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to
give a right of action to such persons or their assigns in any suit brought upon this bond.
SIGNED AND SEALED, this day of 320
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGEMENT OF NOTARY) (SEAL AND ACKNOWLEDGEMENT OF NOTARY)
DIVISION D - 6
H:\2007\0000707\07A007012.doc
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
SECTION 1. OUTREACH PROGRAM
Note: Division E is included in the specifications for Job Order Contracts 010 and 011 for
information purposes. The requirements of Division E apply when there is an individual
work order over $100,000.
A. General
iThis contract is subject to the policies and requirements in the County's Outreach
Program for the use of Minority Business Enterprises (MBEs), Women Business
Enterprises (WBEs), Other Business Enterprises (OBEs), Small Business Enterprises
(SBEs), Local Business Enterprises (LBEs), and Disabled Veteran Business Enterprises
(DVBEs). The County is committed to ensuring full and equitable participation by the
above business enterprises, and subcontractor businesses in County-funded construction
projects. The Outreach Program requirements are set forth in this Division E and
shall apply to each individual Work Order over$100,000(for Job Orders up to
$50,000, see the Small Business Enterprise(SBE)Program requirements in Division
G). Bidders should inform themselves of these programs. Bidders are encouraged to use
the above business enterprises whenever there is a need to subcontract portions of the
work. Failure to comply with the County's Outreach program or SBE Program may
result in the cancellation of Job Orders.
B. MBE/WBE/OBE Participation
The Outreach Program requires the Contractor to make a "Good Faith Effort" to obtain sub-
bid participation by MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs which is anticipated by
the County to produce levels of participation as stated in the proposal for individual Job
1 Orders.
C. Definitions
For purposes of this program,the following definitions shall apply:
1. "Minority or Women Business Enterprise (MBE or WBE)" means a business enterprise
that meets both of the following criteria:
a. A business entity that is at least 51 percent owned by one or more minority persons or
women or, in the case of any business whose stock is held, at least 51 percent of the
stock is owned by one or more minority persons or women; and
b. A business whose management and daily business operations are controlled by one or
more minority persons or women.
2. "Other Business Enterprise (OBE)" means any business which does not otherwise qualify
as a Minority or Women Business Enterprise.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 1
1
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
3. "Small Business Enterprise (SBE)" means a small business concern, as defined in Section
3 of the Small Business Act and implementing regulations(Volume 13 of the Code of
Federal Regulations, Chapter 1).
4. "Local Business Enterprise (LBE)" means a business that has its main office or principal
place of business within the boundaries of Contra Costa County.
5. "Minority person" means African Americans; Hispanic Americans; Native Americans
(including American Indians, Eskimos, Aleuts, and Native Hawaiians); Asian Pacific
(including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos,
Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and
the Northern Marianas); and Asian Indians (including persons whose origins are from
India, Pakistan, and Bangladesh).
6. Subcontract means an agreement between the prime Contractor and an individual, firm,
or corporation for the performance of a particular portion(s) of the work which the prime
Contractor has obligated itself.
7. "Subcontractor" means an individual, firm, or corporation having a direct contract with
the contractor or another subcontractor for the performance of a part of the work which is
proposed to be constructed or done under the contract or permit, including the furnishing
of all labor, materials, or equipment. "Subcontractor" also includes vendors, suppliers,
manufacturers, and truckers.
8. "Vendor and/or supplier" means a firm that owns, operates, or maintains a store,
warehouse, or other establishment in which the materials or supplies required for the
performance of the contract are bought, kept in-stock, and regularly sold to the public in
the usual course of business. The firm must engage in, as its principal business, and its
own name, the purchase and sale of the products in question. A vendor and/or supplier of
bulk items such as steel, cement, stone, and petroleum products need not keep such
products in stock, if it owns or operates distribution equipment.
9. "Manufacturer" means a firm that operates or maintains a factory or establishment that
produces on the premises the materials or supplies obtained by the Contractor.
10. "Trucker" means a firm that performs hauling or trucking work with trucks owned or
leased by that firm.
11. 'Broker" means a firm that charges for providing a bona fide service such as professional,
technical, consultant, or managerial services and assistance in the procurement of
essential personnel, facilities, equipment, insurance or bonds, materials, or supplies
required for the performance of the contract. The fee or commission is to be reasonable
and not excessive as compared with fees customarily allowed for similar services.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 2
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
D. Certification and Participation of Minority and Women Business Enterprises
1. If recognition is to be given to MBE/WBE participation on a Job Order, within three 3
working days after the Job Order proposal package is submitted, an MBE/WBE must be:
(a) certified by the involved County department or self-certified on an appropriate form
satisfactory to the County; or (b) certified by any of the following agencies-State of
California Department of Transportation (Caltrans), City of Oakland, Port of Oakland,
Regional Transit Coordinating Council, San Francisco Human Rights Commission, Los
Angeles County Metropolitan Transportation Commission, or U.S. Small Business
Administration.
Applications for certification and/or directories of MBE/WBE certified firms are
available at the following locations:
a. Contra Costa County
Affirmative Action Office, 651 Pine Street, 10th Floor, Martinez, CA 94553
Telephone: (925) 335-1045
Fax: (925) 646-1353
Email: brive@cao.co.contra-costa.ca.us
b. City of Oakland
Office of City Manager, Contract Compliance & Employment Services
250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612
Telephone: (510) 238-3970
Fax: (510) 238-3363
c. Los Angeles County Metropolitan Transportation Commission
Equal Opportunity Department, 1 Gateway Plaza, Los Angeles, CA 90012
Telephone: (213) 922-2600
Fax: (213) 922-7660
d. Port of Oakland
530 Water Street, Oakland, CA 94607
Telephone: (510) 627-1657
Fax: (510) 451-1656
e. Regional Transit Coordinating Council
Includes the following agencies:
AC Transit (Alameda Contra Costa Transit District)
Telephone: (510) 891-7176
Fax: (510) 891-4724
Email: sandy@pacbell.net
BART (Bay Area Rapid Transit District)
Telephone: (510) 464-6110
Fax: (510) 464-7587
Email:jmackl@bart.dst.ca.us
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 3
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
County Connection (Central Contra Costa Transit Authority)
Telephone: (925) 676-1976
Fax: (925) 686-2630
Email : madrigal@cccta.org
Metropolitan Transportation Commission
Telephone: (510) 464-7777
Fax: (510) 464-7848
Email: bcecch@mtc.ca.us I�
Samtrans (San Mateo County Transit District)
Telephone: (650) 508-7939
Fax: (650) 508-7738
San Francisco Municipal Railway/San Francisco Public Transportation
Telephone: (415) 923-6139
Fax: (415) 923-6180
Santa Clara Valley Transportation Authority
Telephone: (408) 952-4105
Fax: (408) 955-0892
Email: andy.flores@vta.org
f. San Francisco Human Rights Commission
25 Van Ness Avenue, Suite 800, San Francisco, CA 94102-6033
Telephone: (415) 252-2500
Fax: (415) 431-5764
Webpage: http://www.sfhumanrights.org/
(Note: Firm must be listed on their certification list, not their registry).
g. Caltrans(California Department of Transportation) '
Division of Civil Rights, 1120 N Street, Room 2445, Sacramento, CA 95814
Webpage: http:/www.dot.ca.gov/hq
h. U.S. Small Business Administration
Regional Office, 71 Stevenson Street, 20th Floor, San Francisco, CA 94105-2939
Telephone: (415) 744-6843
Webpage: http://www.sba.gov
2. This applies to recognition as an MBE/WBE.
a. All listed MBE or WBE firms must be certified as defined under the preceding
paragraph before credit may be allowed toward the respective MBE or WBE
participation level.
HA\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 4
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
b. Work performed by the Contractor will be considered for credit in computing any
level of anticipated MBE/WBE participation established for a Job Order. The prime
Contractor will be required to make a good faith effort to obtain certified
MBEs/WBEs through subcontracting to reach anticipated participation levels.
c. A listed MBE or WBE firm musta erform commercial) useful function i.e. must
p Y
be responsible for the execution of a distinct element of the work and must carry out
its responsibility by actually performing, managing, and supervising the work.
d. Recognition for materials and/or supplies is limited to 60 percent of the amount to be
paid to the vendor for such materials/supplies in computing the levels of MBE/WBE
participation, unless the vendor manufactures or substantially alters the
materials/supplies.
e. MBE/WBE credit shall not be given to a Joint Venture partner listed as a
subcontractor by a Joint Venture Contractor.
f. MBE/ di
WBE credit for.brokers required for performance of the contract is limited to
the reasonable fee or commission charged, as not considered excessive, as compared
with fees customarily allowed for similar services.
E. Good Faith Effort Documentation
The Contractor must take affirmative steps prior to submitting the Job Order proposal
package to ensure that a maximum effort is made to recruit sub-bidder/subcontractors.
Minority and women-owned and controlled businesses must be considered along with other
business enterprises whenever possible as sources of supplies, construction, and other
1 services. The required affirmative steps for Good Faith Effort documentation are outlined
below.
It is the policy of Contra Costa County to provide all MBEs, WBEs, OBEs, SBEs, LBEs,
and DVBEs an equal opportunity to participate in the performance of all County contracts.
The contractor must assist the County in implementing this policy by taking all reasonable
steps to ensure that all qualified business enterprises, including MBEs, WBEs, OBEs, SBEs,
LBEs, and DVBEs have an equal opportunity to compete for and participate in County
contracts. The Contractor's good faith effort to reach out to MBEs, WBEs, OBEs, SBEs,
LBEs, and DVBEs (subcontractors, suppliers, manufacturers, truckers, etc.) will be
determined by the Board of Supervisors from written documentation of the level of effort put
into achieving the indicators. Failure to meet anticipated MBE/WBE participation levels will
not by itself be the basis for disqualification or determination of noncompliance with this
policy. However, failure to include supporting documentation of a good faith effort and
failure to achieve a minimum of 75 out of 100 Good Faith Effort evaluation points may
render the Contractor non-responsive and may result in its rejection. Adequacy of
Contractor's good faith effort will be determined after consideration of the indicators of good
faith as set forth below.
HA\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 5
1
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and '
Equal Employment Opportunity for Job Orders Over$100,000
Indicator 1 2 3 4 5 6 7 8 9 10 Total
Points 0 10 13 9 10 10 5 10 26 7 100
Each indicator(2-10) is evaluated on a pass/fail basis, i.e., either full or zero points can be
achieved for compliance with each item.
1 1 LEVEL OF ANTICIPATED MBE/WBE PARTICIPATION No Points
The Contractor has made a good faith effort to obtain sub-bid participation by MBEs, WBE
s,
OBEs, SBEs, LBEs, and DVBEs which could be expected by the County to produce a reasonable
level of participation by interested business enterprises, including the anticipated levels of MBE
and WBE participation set forth in the proposal form and to have the Contractor meet the
Mandatory Subcontracting Minimum for the project.
2 1 ATTENDED PRE-BID MEETING 10 Points
The Contractor has attended the Joint Scope Meeting for each Job Order scheduled by the
County to inform all Contractors of the requirements for the project for which the Job Order will
be awarded.
Required Documentation: Attend Joint Scope Meeting and be listed on the attendance sheet.
3 1 SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS 113 Points
The Contractor has identified, listed and selected specific work items in the project to be
performed by sub-bidders/subcontractors in order to provide an opportunity for participation by
MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs. Upon making this determination, the
Contractor subdivided the total contract work requirements into smaller portions or quantities to
permit maximum active participation of MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs.
Required Documentation: Proof of this must be demonstrated in either Indicator 4 or 5.
4 1 ADVERTISEMENT 19 Points
Not less than ten (10) calendar days prior to submitting the Job Order Proposal Package, the
Contractor advertised for sub-bids from interested business enterprises in one or more daily or
weekly newspapers, trade association publications, minority or trade oriented publications, trade
journals, or other media, specified by the County, such as the Daily Construction Service, the
Daily Pacific Builder, or the Small Business Exchange.
Required Documentation: A copy of the advertisement and a proof of publication statement or
other verification which confirms the date the advertisement was published.
HA2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 6
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
Note: The advertisement must be specific to the project, not generic, and may not be a plan
holder advertisement provided by the publication. It should include the County project(s) name,
name of Contractor, areas of work available for subcontracting, and a contact person's name and
telephone number, information on the availability of plans and specifications and the
Contractor's policy concerning assistance to subcontractors in obtaining bonds, lines of credit,
and/or insurance. Consideration will be given to the wording of the advertisement to ensure that
it did not exclude or seriously limit the number of potential respondents.
5 1 WRITTEN NOTICES TO SUBCONTRACTORS 110 Points
The Contractor has provided written notice of its interest in receiving sub-bids on the contract to
those subcontractors, suppliers, manufacturers, and truckers, including MBEs, WBEs, OBEs,
SBEs, LBEs, and DVBEs having an interest in participation in the selected work items. All
notices of interest shall be provided not less than ten (10) calendar days prior to the date the
Proposal Package is required to be submitted.
Required Documentation: A copy of each letter sent to available MBEs, WBEs, OBEs, SBEs,
LBEs, and DVBEs for each item of work to be performed. If there is only one master
notification, then a copy of the letter along with a listing of all recipients will suffice. Faxed
copies must include the fax transmittal confirmation slip showing the date and time of
transmission. Mailed letters must include copies of the metered envelopes or certified mail
receipts. Letters must contain: areas of work to be subcontracted; County project(s) name; name
of the Contractor; contact person's name, address, and telephone number; information on the
availability of plans and specifications; and the Contractor's policy concerning assistance with
bonds, lines of credit, and insurance.
Note: This written notice can be used to satisfy Indicators 3, 7, and 10.
CERTIFICATION AGENCIES
(The Contractor should contact the agencies listed in Paragraph D.1 above to obtain current
copies of MBE/WBE directories for listings of certified MBE/WBE firms.)
6 1 FOLLOW-UP ON INITIAL SOLICITATION 10 Points
The Contractor has documented efforts to follow-up initial solicitations made in Indicator #5 by
contacting the MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs to determine with certainty
whether said businesses were interested in performing specific portions of the project work, to
answer any questions from them, to record any telephone quotes, and to confirm/record the
business'interest in bidding on the project.
Required Documentation: A copy of telephone logs. These logs must include the name of the
company called, telephone number, contact person, who did the calling, time, date, and the result
of the conversation. The Contractor must follow-up with all subcontractors to whom they sent
letters.
H:12007\0000701101A001009x.doc 6/22104 DIVISION E - 7
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and '
Equal Employment Opportunity for Job Orders Over$100,000
7 1 PLANS, SPECIFICATIONS AND REQUIREMENTS 15 Points
The Contractor has provided interested sub-bid enterprises with information about the plans,
specifications, and requirements for the selected sub-bid/subcontracting work.
Required Documentation: Include in Indicator 4 or 5, information detailing how, where, and
when the Contractor will make the required information available to interested subcontractors.
8 1 CONTACTED RECRUITMENT/PLACEMENT ORGANIZATIONS 10 Points
The Contractor has requested assistance from organizations that provide assistance in the
recruitment and placement of MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs not less than
fifteen (15) calendar days prior to the submission of the Proposal Package. Any organizations ,
which have been contacted must be listed in the required documentation.
Required Documentation: A copy of each letter sent to outreach agencies requesting assistance
in recruiting MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs. Faxed copies must include the fax
transmittal confirmation slip showing the date and time of transmission. Mailed letters must
include copies of the metered envelopes or certified mail receipts. Letters must contain areas of
work to be subcontracted, County project(s) name, name of the Contractor, and contact person's
name, address, and,telephone number.
9 1 NEGOTIATE IN GOOD FAITH 26 Points
The Contractor has negotiated in good faith with interested MBEs, WBEs, OBEs, SBEs, LBEs,
and DVBEs and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any
enterprise, as determined by the County.
Required Documentation: a) Copies of all MBE/WBE/OBE/SBE/LBE/DVBEs bids or quotes
received; and b) Summary sheet organized by work area, listing the bids received, the name of ,
the company that submitted the bid, the dollar amount of the bid and the subcontractor selected
for that work area. If the Contractor elects to perform a listed work area with its own forces,
they must include a bid that shows their own costs for the work.
10 1 BOND, LINES OF CREDIT,AND INSURANCE ASSISTANCE 7 Points
The Contractor has documented efforts to advise and assist interested MBEs, WBEs, OBEs,
SBEs, LBEs, and DVBEs in obtaining bonds, lines of credit, and insurance required by the
County or Contractor.
Required Documentation: Include in Indicator 4 or 5, information about the Contractor's
efforts to assist with bonds, lines of credit, and insurance.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 8
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
No later than three (3) working days following submission of the Job Order Proposal
Package, the Contractor shall submit completed good faith effort documentation to the
County. In its review of the good faith effort documentation, the County may request
additional information to validate and/or clarify that the good faith effort submission was
adequate. Such information shall be submitted promptly upon request by the County.
For MBE/WBE firms to be used on the project, the Contractor shall submit, within three
(3) working days after the Job Order proposal package, a completed "Letter of Intent" form
for each such firm (see sample form at end of Division E). Use of the form will verify the
amount of work each MBE/WBE subcontractor, supplier, manufacturer, or trucker intends
to perform. The form shall be signed by the MBE/WBE subcontractor, supplier,
manufacturer, or trucker identifying the item(s) of work to be performed and the actual
dollar value to be received.
F. Award of Contract
The County Administrator's Office reserves the right to reject any and all Job Orders. The
County reserves the right not to issue the Job Order. This includes compliance with the
required Outreach Program. A positive and adequate demonstration to the satisfaction of
the County Administrator that a good faith effort to include
MBE/WBE/OBE/SBE/LBE/DVBE subcontractors' participation was made is a condition
for eligibility for award of the Job Order.
In the event that the County Administrator considers not awarding the Job Order because of
' the Contractor's failure to supply adequate good faith effort documentation, the County
shall afford the Contractor an opportunity to present further evidence prior to award of the
Job Order.
The County Administrator specifically reserves the right, in its sole discretion, to waive any
of the time requirements set forth in this Division E and to waive any other irregularities
relating to compliance with the County's Outreach Program.
G. Subcontractor Substitution
In addition to the requirements set forth in the provisions pertaining to the listing of
subcontractors the following shall apply for the purpose of this program:
1. Substitution During Construction: The contract award requires that the level of all
subcontractor participation shall be maintained throughout the duration of the contract.
1 a. The Contractor shall request advance approval for all substitutions of bid-listed
subcontractors.
b. The request shall be in writing and submitted to the County. The request shall
give the reason for the substitution, the name of the subcontractor, supplier,
trucker, or manufacturer, and the name of the replacement.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 9
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
2. MBE/WBE Sub-bidder/Subcontractor Substitution: The County requires that
whenever the Contractor seeks to substitute a bid-listed MBE/WBE subcontractor,
supplier, manufacturer, or trucker, the Contractor must make a good faith effort to
replace the MBE/WBE with a firm of the same certification status (i.e., MBE for MBE
and WBE for WBE).
a. The Contractor shall call at least two (2) certified MBE or WBE sub-bid prospects
from each trade for which sub-bid/subcontracting work is available and document
the following for submittal:
Name of the company called contact person and telephone number, date and time
p Y p p
of contact.
Response for each item of work which was solicited, including dollar amounts.
Reason for selection or rejection of sub-bid prospect.
b. The Contractor shall submit all documentation of good faith effort to the County
for review and approval by the County Administrator's Office.
H. Sub-Agreement Falsification .
Falsification or misrepresentation of a sub-agreement as to company name, contract
amount, and/or actual work to be done by the sub-bidder/subcontractor will result in
sanctions set forth in provisions pertaining to listing of subcontractors.
I. Final Subcontracting Report Submittal/Verification of Performance Forms
The Contractor must submit the Final Subcontracting Report to the County Affirmative
Action Office within fifteen (15) calendar days after the final inspection of the Job Order
work by the County. Failure to comply may result in the assessment of liquidated damages
in the amount of five hundred dollars ($500.00) per calendar day by the Board of
Supervisors.
Upon completion of work, the Contractor shall submit a completed "Verification of
Performance" form (see sample form at end of Division E) for each MBE/WBE prime
Contractor, subcontractor, supplier, manufacturer, or trucker used on the project or listed in
the bid. The form shall be signed by the MBE/WBE identifying the item(s) of work
performed and the actual dollar amount received. Final payment for work done may be
withheld until all MBE/WBE Verification of Performance forms are received. The Prime
Contractor must explain in writing any total dollar amounts paid to MBE/WBE
subcontractors, suppliers, manufacturers, or truckers that are less than the dollar amounts
shown on the respective Letter of Intent.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E.- 10
DIVISION E. Outreach Pro 'am/MandatorY Subcontracting Minimum/Affirmative Action'and
Equal Employment Opportunity for Job Orders Over$100,000
J. Review of Records
Upon request, the Contractor and its subcontractors and truckers shall promptly make
available, for review by the County Administrator's Office, certified payroll records and
copies of purchase orders, invoices, and/or contracts from suppliers and manufacturers.
K. Prompt Payment
The Contractor shall make prompt payment to its subcontractors, truckers, suppliers, and
manufacturers in accordance with their contracts and legal relationships.
SECTION 2. MANDATORY SUBCONTRACTING MINIMUM (MSM)
A. General
Each Job Order is subject to the policies and requirements established by the Board of
Supervisors Outreach Program-Construction. The County is committed to maximizing
subcontracting opportunities in the provision of all goods and services to the County on a
contractual basis. The Outreach Program is set forth herein. Contractors should be fully
informed of this program. Failure to comply with the Mandatory Subcontracting Minimum
requirements may result in the cancellation of the Job Order.
B. Mandatory Subcontracting Minimum Participation Level
To be eligible for award of this project, the Board of Supervisors requires the Contractor to
subcontract a minimum percentage of a Job Order, which is stated in the Job Order
proposal package, to any qualified available contractor, and list all subcontractors,
regardless of amount, that the Contractor wishes to be credited toward achieving the
required MSM. Failure to list the subcontractors and subcontracting amounts with the Job
Order proposal package on the form provided in the Job Order proposal package, sufficient
to meet or exceed the required MSM, may cause the Job Order to be cancelled.
1 C. Definitions
For purposes of this program, the following definitions shall apply:
1. "Subcontractor" means an individual, firm or corporation having a direct contract with
the Contractor for the performance of a part of work which is proposed to be
constructed or done under the contract or permit, including the furnishing of all labor,
materials, or equipment.
2. "Subcontract" means an agreement between the prime Contractor and an individual,
firm or corporation for the performance of a particular portion(s) of the work which
the prime Contractor has obligated itself.
H:\2007\0000707107A007009x.doc 6122104 DIVISION E - 11
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
3. "Vendor and/or supplier" means a firm that owns, operates or maintains a store,
warehouse, or other establishment in which the materials or supplies required for the
performance of the contract are bought, kept in stock, and regularly sold to the public
in the usual course of business. The firm must engage in, as its principal business,
and its own name, the purchase and sale of the products in question. A supplier of
bulk items such as steel, cement, stone and petroleum products need not keep such
products in stock, if it owns or operates distribution equipment.
4. "Manufacturer" means a firm that operates or maintains a factory or establishment that
produces on the premises the materials or suppliers obtained by the Contractor.
5. "Broker" means a firm that charges for providing a bona fide service, such as
professional, technical, consultant or managerial services and assistance in the
procurement of essential personnel, facilities, equipment, insurance or bonds,
materials or supplies required for performance of the contract. The fee . or
commission is to be reasonable and not excessive as compared with fees customarily.
allowed for similar services.
D. MSM Participation Recognition
1. Workerformed b rime Contractor will not be considered f
p y a p or credit toward the
MSM participation level.
2. MSM credit for materials and/or supplies is limited to 60 percent of the amount to be
paid to the vendor for the materials/supplies.
3. MSM credit for a vendor who substantially alters materials/supplies and/or is a
manufacturer will be 100 percent.
4. MSM credit for brokers required for performance of the contract is limited to the
reasonable fee or commission charged, as not considered excessive, as compared with
fees customarily allowed for similar services.
5. MSM credit shall not be given to a Joint Venture partner listed as a subcontractor by a
Joint Venture bidder.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 12
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
PROPOSAL
All good faith effort documentation must be submitted within three (3) working days following
the Job Order proposal package.
1 Failure to submit the required good faith effort documentation within three (3) working days
following the Job Proposal Package may result in the cancellation of the Job Order.
IThe County anticipated levels of participation for each Job Order
MBE Participation: 14%
VVBE Participation: 6%
The Contractor is required to subcontract a minimum percentage of each Job Order to be
determined at an individual Job Order level.
NOTE: Outreach Program information and/or assistance may be obtained
through the County's Affirmative Action Office at (925) 335-1045.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 13
i
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
SECTION 3. AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY j
The Contractor shall pay special attention to Division F General Conditions, Section 37 Equal
Employment Opportunity and Labor Code Section 1735 and these special provisions.
A. Employment Goals
1. On projects of $1,000,000 or more it shall be the goal of each Contractor and ,
subcontractor to ensure that the overall minority composition of all persons employed
specifically for the purpose of completing this contract shall reflect the overall minority '
composition of the labor force of Contra Costa.County 25.7% and 6.9% of the labor
force for women employed specifically for the purpose of completing this contract.
This requirement does not apply to current employees used on this contract.
2. The Contractor shall make a maximum effort to achieve this employment goal within
each trade by ensuring that the percentage of total hours worked within each trade by
persons who are members of minority groups and women are in proportion to the
overall minority composition of the Contra Costa County labor force population.
3. The goals shall apply to the Contractor and all subcontractors regardless of how they
Y
are selected.
B. Specific Affirmative Action Steps
1. No Contractor or subcontractor shall be found to be in noncompliance solely on
account of its failure to meet its goals. The Contractor and subcontractor shall be
given the opportunity to demonstrate that they have instituted these Specific
Affirmative Action Steps and have made every "good faith effort" to make these steps
work toward the attainment of the above employment goals. The Contractor shall
inform its subcontractors of their respective obligations under the terms and
requirements of these special provisions.
2.. The Contractor's and subcontractors' Affirmative Action Program must include specific
affirmative action steps to increase minority and women utilization. Any Contractor
who fails to meet the employment goals outlined in Paragraph A "Employment Goals",
above, must demonstrate to the satisfaction of the Contract Compliance Officer that a
"good faith, effort" was made to meet these goals. This effort must be at least as
extensive and specific as the following:
a) The Contractor shall notify the union (hiring hall) in writing that the employment ,
goal of this project is not being met, and the Contractor shall solicit the union's
assistance in meeting the specified goals.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 14
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
b) The Contractor shall make specific and continuing personal recruitment efforts,
both written and oral, directed at minority, female and community organizations,
schools with minority and female students, minority and female recruitment
organizations, and minority and female training organizations within the greater
San Francisco Bay Area.
c) The Contractor shall notify the Contract Compliance Officer whenever the union
or unions with whom the Contractor has a collective bargaining agreement have
not referred to the Contractor a minority person or female in response to a request
sent by the Contractor to the union or whenever the Contractor has other
information that the union referral process has impeded the Contractor's efforts to
meet the specified employment goals.
d) The Contractor shall actively participate as an individual or through an association
in joint apprenticeship programs, and the Contractor shall, where reasonable,
develop on-the-job training opportunities and programs which expressly include
minorities and females.
e) The Contractor shall solicit and sponsor members of minority groups and females
for pre-apprenticeship training.
f) The Contractor shall demonstrate an effort to cooperate with the unions with which
the Contractor has agreements in the development of programs to assure qualified
members or minority groups and females of equal opportunity in employment in
the construction trades.
g) The Contractor shall maintain a file of the names, addresses and telephone
numbers of minority and female workers referred to said Contractor, what actions
were taken with respect to each referred worker, and if the worker was not
employed, the reason(s) why. For each such worker not employed by the
Contractor, the Contractor's file shall document the reasons.
h) The Contractor shall establish and maintain a current list of minority and female
1 recruitment sources, and shall notify community organizations that the Contractor
has employment opportunities available, and shall maintain the records of
organizations' responses. The Contractor shall make a specific effort to encourage
its current employees to recruit any qualified minority and female workers.
i) The Contractor shall disseminate an Equal Employment Opportunity (EEO) policy
within the Contractor's own organization by including it in any policy manual and
collective bargaining agreement; by publicizing it in company newspapers and
annual reports; by conducting staff and employee representative meetings to
explain and discuss policy, by posting of the policy, and by specific review of the
policy with minority and female employees.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 15
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
j) The Contractor shall disseminate an EEO policy externally by providing notice of
the policy to the unions and training programs and requesting their cooperation in
assisting the Contractor in meeting EEO obligations, by informing and discussing
it with all recruitment sources, by advertising in the news media, specifically
including minority and female news media, by notifying and discussing it with all
subcontractors and suppliers.
k) The Contractor shall ensure that all facilities and company activities are
p Y
nonsegregated. If necessary, changing facilities shall be provided to assure privacy
between the sexes.
1) The Contractor shall conduct, at least annually, an inventory and evaluation of all
minority and female personnel for promotional opportunities and encourage such
employees to seek or to prepare for, through appropriate training, etc., such
opportunities.
m The Contractor shall review, at least annually, the company's EEO policy.
Upon request by the Contract Compliance Officer, the Contractor shall provide copies ,
of documentation that a "good faith effort" was made.
C. Reporting Requirements
The provisions in Division F General Conditions, Section 37 Equal Employment
Opportunity and Labor Code Section 1735 are amended as follows:
Each employee shall be identified as to minority or non-minority status and as to gender
status on a form acceptable to the Contract Compliance Officer. Forms shall be submitted
weekly to the Contract Compliance Officer. When payroll records are required, this
information may be included on certified payroll records using California Department of
Industrial Relations Public Works Payroll Reporting Form A-1-131.
D. Enforcement
The Contract Compliance Office will review Contractor's and subcontractor's "project"
employment practices during the performance of the work.
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 16
DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and
Equal Employment Opportunity for Job Orders Over$100,000
1. Determination of Noncompliance: If the Contract Compliance Officer determines that
there is an apparent violation of any substantial requirements of these "Affirmative
Action and Equal Employment Opportunity" special provisions, Division F General
Conditions, Section 37 Equal Employment Opportunity or Labor Code Section 1735
by the Contractor or one of its subcontractors, the Contract Compliance Officer will
hold a meeting with the Contractor, and its subcontractor (if applicable), for the
purpose of determining whether the Contractor is indeed out of compliance. If after
the meeting the Contract Compliance Officer finds the Contractor out of compliance,
the Contractor will be notified of its appeal rights to the County Administrator. In the
event that the Contractor disagrees"with the County Administrator's determination, the
Contractor may appeal, in writing, to the Board of Supervisors. If the Board of
Supervisors concurs that there has been a violation, the Contract Compliance Officer
will notify the Contractor in writing of the sanctions to be imposed.
In addition, the Contra Costa County Board of Supervisors will deem a finding of
willful violation of the California Fair Employment Act by the Fair Employment
Practices Commission to be a violation by the Contractor of the nondiscrimination
requirements of this project, and such violation shall be subject to the sanctions
1 provided herein. The same shall apply to violations of the Equal Employment
Opportunity Commission regulation and other state and federal compliance agencies.
Any sanctions imposed by the County for such violations shall be in addition to any
sanctions or penalties,imposed by the regulatory agencies or commissions.
2. Sanctions: A finding at the public hearing that there has been a violation of the
Affirmative Action and Equal Employment Opportunity requirements of this project
shall be cause for the Board of Supervisors to impose any or all of the following
sanctions:
a) Withhold an additional (10%) of all.further contract progress payments until the
Contractor provides evidence satisfactory to the Board of Supervisors that the
condition of noncompliance has been corrected.
b) Suspend the contract until such time as the Contractor provides evidence
satisfactory to the Board of Supervisors that the condition of noncompliance has
been corrected. All expenses, including liquidated damages, shall be paid by the
Contractor for any resultant delays.
c) Cancel the contract and collect appropriate damages from the Contractor.
d) Declaration that the Contractor is non-responsible and is ineligible to make bids
on future County contracts until the Contractor can demonstrate to the satisfaction
of the Board of Supervisors that the violation has been corrected.
RL:tb
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 17
Contra Costa County
OUTREACH PROGRAM
Affirmative Action Office
651 Pine Street,Martinez, CA 94553
(925)335-1045 Fax(925)646-1353
LETTER OF INTENT TO PERFORM AS A
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER
Name of Prime Contractor
Name of Project
Project Number
The undersigned is a(check one):
Sole proprietorship Corporation Limited Liability
Partnership Joint Venture
Check the following which may apply.
— MBE — WBE — SBE — LBE — DV-BE
Subcontractor Subcontractor Subcontractor Subcontractor Subcontractor
Supplier _ Supplier _ Supplier _ Supplier _ Supplier
= Manufacturer —_ Manufacturer —_ Manufacturer —_ Manufacturer _— Manufacturer
Trucker Trucker Trucker Trucker Trucker
_ Other _ Other _ Other _ Other _ Other
Describe Describe Describe Describe Describe
_None of the Above Apply
The undersigned is prepared to perform the following described work in connection with the above project(specify in
detail the particular work items or parts thereof to be performed):
Total Amount Bid to Prime Contractor: $
Signature Position Title Date
Name of Person Completing this Form
Company Name Phone Number
Fax Number
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E_ - 18
Contra Costa County
OUTREACH PROGRAM
Affirmative Action Office
651 Pine Street,Martinez, CA 94553
(925)335-1045 Fax(925)646-1353
VERIFICATION OF PERFORMANCE
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT
1.
Name of Prime Contractor
2.
Name of Project
3.
Project Number
4. The undersigned performed work in connection with the above project as (check one):
Sole proprietorship Corporation Limited Liability
Partnership Joint Venture
5. Check the following which may apply.
MBE WBE SBE LBE DVBE
=Subcontractor =Subcontractor =Subcontractor =Subcontractor =Subcontractor
Supplier Supplier Supplier Supplier Supplier
Manufacturer _Manufacturer _Manufacturer _Manufacturer _Manufacturer
Trucker _Trucker _Trucker _Trucker _Trucker
_Other _Other _Other _Other _Other
Describe Describe Describe Describe Describe
None of the Above Apply
6. The undersigned has performed the following described work in connection with the above project(specify in
' detail the particular work items or parts that were performed):
' 7. Total Bid to Prime Contractor or Consultant: $
8. Total Amount Received: $
9. Explain any difference between lines#7 and#8 by attaching a written explanation.
10.
Signature Position/Title Date
1 11.
Name of Person Completing this Form
12. � )
Company Name Phone Number
FAX Number
H:\2007\0000707\07A007009x.doc 6/22/04 DIVISION E - 19
1
Contra Costa County
- _
- aR Attention
rA °U ` Special Notice
Date: January 2004
To: Prime Contractors
' From: Emma Kuevor
Affirmative Action Officer
Subject: New Business Enterprise Category
IOn October 14, 2003, the Board of Supervisors approved the addition of the Disabled Veterans Business
Enterprise (DVBE) category to the County's Outreach Program. The definition of a DVBE is:
A Disabled Veteran Business Enterprise (DVBE) is a business entity at least 51% owned by one
or more disabled veterans and whose daily business operations must be managed and
controlled by one or more disabled veterans(s); the disabled veteran(s)who manages and
controls the business is not required to be the disabled veteran business owner(s); and the
home office must be located in the U.S. (the home office cannot be a branch or subsidiary of a
' foreign corporation, foreign firm, or other foreign based-business). The disabled Veteran must
be a California resident, have a service-connected disability of at least 10% or more and be an
honorably discharged veteran of the U.S. Military, Naval or Air Services.
Whenever you see the listing of Minority Business Enterprises (MBEs), Women Business Enterprises
(WBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs), please add
Disabled Veteran Business Enterprises (DVBEs)to the list of business enterprises. For example: MBE,
' WBE, SBE, LBE, and DVBE.
Contact the following agency for a listing of DVBEs:
State of California
Department of General Services
' Procurement Division
Small Business and DVBE Certification
707 Third Street, 1s' Floor, Room 400
' P. O. Box 989052
West Sacramento, CA 95798-9052
(800) 559-5529
http://www.pd.dgs.ca.gov/smbus/certinq.htm
If you have any questions contact: Affirmative Action Office
County Administration Building
651 Pine Street, 10th Floor
Martinez, California 94553-1229
(925) 335-1045
Fax: (925) 646-1353
i
H:\2007\0000707\07A007009x.doc 6/22/04 Attachment 1
DIVISION F. GENERAL CONDITIONS
SECTION 1. Definitions:
Whenever the following terms, pronouns in place of them, or initials of organizations appear in the
Contract Documents,they shall have the following meaning:
Addendum - A document issued by the County during the bidding period which modifies, supersedes,
or supplements the original Contract Documents.
Adjustment Factor - The Contractor's competitively bid price adjustment to the unit costs as listed in
the Construction Task Catalog. Contractors must bid two sets of Adjustments Factors, one set for
projects $25,000 or less and one set for projects over $25,000. Each set will include an Adjustment
Factor for work accomplished during normal working hours, and one for work to be performed during
other than normal working hours.
Agreement - The written document of agreement, executed by the County and the Contractor.
Architect or Engineer - Shall mean the Architect or Engineer (whether an individual, sole
proprietorship, partnership, corporation, or other business entity) employed by the County of Contra
Costa; as designated on the title sheet of these Specifications. When Contra Costa County is
designated as the Engineer, Engineer shall mean the Director of General Services or his authorized
representative.
Bidder - Any individual, partnership, corporation, association, joint venture, or any combination
thereof, submitting a bid for the Work, acting directly or through a duly authorized representative.
Board of Supervisors -Shall mean the duly elected or appointed officials who constitute such a Board,
who will act for the County in all matters pertaining to the Contract.
Project Inspector, Construction Supervisor, Inspector, or Clerk of the Works - Shall mean the
authorized agent of the County at the site of the Work.
' Construction Task Catalog or CTC - A comprehensive listing of specific repair or refurbishment tasks,
together with a specific unit of measurement and a unit price for each listed task.
' Contract - The Contract is comprised of the Contract Documents.
Contract Documents - The Contract Documents include the Construction Task Catalog, Specifications,
Job Orders, Supplemental Job Orders, Agreement, the Contractor's bid, contract bonds, addenda,
change orders, and supplementary agreements.
Contract Specifications - A body of documents, consisting of Divisions A-G, containing instructions
and requirements for bidding and performance of the Work, as well as other Contract requirements.
Contractor - The individual, partnership, corporation, association, joint venture, or any combination
thereof, who has entered into a Contract with the County.
County - Shall mean the County of Contra Costa, a political subdivision of the State of California and
party of the first part, or its duly authorized agent acting within the scope of the agent's authority.
DIVISION F - 1
H:\2007\0000707\07A007010xrev.doc
DIVISION F. GENERAL CONDITIONS (Continued)
Detailed Scone of Work - Shall be determined by individual Job Orders issued by the County to the
Contractor. The Detailed Scope of Work is the complete description of services or work to be
provided by the Contractor under an individual Job Order. The Detailed Scope of Work will include
documentation for a given Project. Documentation may include a narrative description of the Work,
specifications, partial design documents, or full design documents, depending on the complexity of the '
specific Project.
General Notes - The written instructions, provisions, conditions, or other requirements appearing on
the drawings, and so identified thereon, which pertain to the performance of the Work.
Job Order - A document that describes the Work to be accomplished under this Contract. The County
may issue any number of Job Orders under this Contract. The County shall have the sole discretion to
determine the number of Job Orders issued, but the number is limited by the amount of time allowed
under this Contract, the Maximum Contract Amount, and the Minimum Contract Amount. The
County will be responsible for the development of each Job Order as well as the supervision and
acceptance of the Work covered by the Job Order. Each Job Order will include a Detailed Scope of
Work, a lump sum, firm fixed price to be paid, a time duration for the completion of the Work, and
any special conditions that might apply to that specific Job Order, such as liquidated damages.
Job Order Contract (JOC) - A competitively bid, indefinite quantity, unit price contract for
accomplishing repair, refurbishing, remodeling, and related services. Work is accomplished through
the issuance of individual Job Orders against the Contract. Each Job Order issued will be a firm,
fixed-price order for accomplishing a specific Detailed Scope of Work.
Job Order Proposal or Job Order Proposal Package - The Contractor's offer to do work. It refers to the
documents prepared by the Contractor quoting a firm, fixed price to achieve a specific Detailed Scope
of Work, as requested by the County. The Proposal will contain shop drawings and sketches, permits
and submittals as necessary, a detailed cost proposal comprised of line items from the Construction
Task Catalog, supporting documentation for any Non-Prepriced Tasks, a construction schedule, a list
of subcontractors, and other documentation as may be required by the County prior to the issuance of
an individual Job Order.
Job Order Sum - The sum stated in the Job Order including authorized adjustments, which is the total ,
amount payable by the County to the Contractor for the performance of the Work under the Job Order.
Job Order Time - The number of successive days as stated in Job Order to complete the Work so that it ,
is ready for final acceptance as evidenced by the County's issuance of a notice of completion.
Job Order Work—The portion of the Work covered by an individual Job Order. '
Joint Scone Meeting - Meeting at the Project site attended by the County and the Contractor to jointly
scope out the requirements of the Project. Discussions and decisions at the meeting may become part
of the Detailed Scope of Work.
Maximum Contract Amount - The maximum total dollar value of work that the County may order
during the term of the Contract.
Minimum Contract Amount - The minimum total dollar value of work that the County may order
during the term of the Contract.
DIVISION
F - 2
H:\2007\0000707\07AO070 I Oxrev.do c
DIVISION F. GENERAL CONDITIONS (Continued)
Non-Prepriced Tasks - Those units of work that are not included in the Construction Task Catalog but
that are within the general scope and intent of this Contract and may be negotiated into this Contract as
needs arise. Such work requirements shall be incorporated into and made part of this Contract for the
Job Order to which they pertain. Non-Prepriced Tasks shall be separately identified and submitted to
the County in the Job Order Proposal.
Normal Work Hours - Hours where the majority of shift work takes place - i.e., between the hours of
8:00 AM and 5:00 PM, Monday through Friday.
Notice to Proceed (NTP) - The written notice issued by the County to Contractor authorizing
Contractor to proceed with the Work for the individual Job Order and establishing the date of
commencement of the Job Order Time.
Other than Normal Working Hours - Hours where the majority of shift work takes place outside the
hours of the Normal Working Hours.
Outreach Program: The County Outreach Program, which applies to Job Orders over$100,000.
Plans - The official drawings including plans, elevations, sections, detail drawings, diagrams, general
notes, information and schedules thereon, or exact reproductions thereof, adopted and approved by the
County showing the location, character, dimension, and details of the Work.
Project: The actual construction job that is part of any individual Job Order.
Request for Proposal (RFP) — Refers to an official request made by the County for the Contractor to
provide a Job Order Proposal for Work.
Small Business Enterprise (SBE) Program: The County's Small Business Enterprise Program for
professional and personal services,purchasing transactions and construction contracts under$50,000.
Specifications - The instructions, provisions, conditions and detailed requirements pertaining to the
' methods and manner of performing the Work, or to the qualities and quantities of work to be furnished
and installed under this Contract. The Specifications consist of the Contract Specifications, General
Requirements, General Conditions, and the Technical Specifications.
Subcontractor - An individual, partnership, corporation, association, joint venture, supplier,
manufacturer, and trucker, or any combination thereof, who contracts with the Contractor to perform
work or labor or render service in or about the work. The term subcontractors shall not include those
' who supply materials only.
Superintendent - The representative of the Contractor who shall be present at the work site at all times
during performance of the Work. Such Superintendent shall at all times be fully authorized to receive
and act upon instructions from the County or its authorized agents and to execute and direct the Work
on behalf of the Contractor.
1 Supplemental Instruction - An instruction given during the course of the Work (See Section 16-B).
Supplemental Job Order (SJO) - A written agreement entered into after the issuance of the Job Order
that alters or amends the Job Order. Changes in the Work requested are accomplished by the issuance
of a Supplemental Job Order. Changes such as extensions of time, assessment of liquidated damages,
adjustment for net credits, and minor additive changes may be accomplished by issuance of a
Supplemental Job Order to the original Job Order.
DIVISION F -
3
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DIVISION F. GENERAL CONDITIONS (Continued)
Technical Specifications - A body of documents, consisting of Volumes 1-3, containing instructions
and requirements that complement the Detailed Scope of Work for individual Job Orders and describe
the manner of performing the Work or the quantities, qualities, and types of materials to be furnished.
Unit Price - The price published in the Construction Task Catalog for a specific repair, refurbishing, '
remodeling, or other task. The unit prices are fixed for the duration of the Contract. Each unit price
includes the labor, equipment,material, and all other costs to accomplish the specific task.
Work — The performance by the Contractor of all his/her responsibilities and obligations set forth in
the Contract Documents for completion of individual Job Orders. Work shall include, but not be
limited to, the furnishing and installing of all labor, materials, articles, supplies, and equipment as
specified, designated, or required by the Contract. ,
SECTION 2. Governing Laws and Regulations:
A. The Contractor shall keep informed of and observe, and comply with and cause all of his/her
agents and employees to observe and comply with all prevailing Federal and State laws, local
ordinances, and rules and regulations made pursuant to said laws that in any way apply to or affect '
the conduct of the Work of this Contract.
B. All work and materials shall be in full accordance with the latest rules and regulations of the
Uniform Building Code, the State Fire Marshal, the Safety Orders of the Division of Industrial
Safety, the National Electric Code, the Uniform Plumbing Code published by the Western
Plumbing Officials Association, and other applicable State laws or regulations. Nothing in these
Plans or Specifications is to be construed to permit work not conforming to these Codes. The ,
Contractor shall keep copies of Codes on job at all times during construction period. Work shall
meet the requirements of Contra Costa County Ordinance Code, Title 7.
C. Excerpts from Section 6422 of the Labor Code of the State of California are included below. The
Contractor shall comply fully with this section of the Labor Code as applicable.
"No contract for public works involving an estimated expenditure in excess of$25,000.00 for the
excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains
a clause requiring submission by the Contractor and acceptance by the awarding body or by a
registered civil or structural engineer, employed by the awarding body to whom authority to accept ,
has been delegated, in advance of excavation, of a detailed plan showing the design of shoring,
bracing, sloping, or other provisions to be made for worker protection from the hazard of caving
ground during the excavation of such trench or trenches. If such plan varies from the shoring
system standards established by the Construction Safety Orders, the plan shall be prepared by a ,
registered civil or structural engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system
less effective than that required by the Construction Safety Orders of the Division of Industrial
Safety.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of
his/her employees.
The terms 'public works' and 'awarding body', as used in this section shall have the same meaning
as in Labor Code Section 1720 and 1722 respectively."
DIVISION F - 4
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DIVISION F. GENERAL CONDITIONS (Continued)
SECTION 3. Patents and Royalties:
A. The Contractor shall provide and pay for all licenses and royalties necessary for the legal use and
operation of any of the equipment or specialties used in the Work. Certificates showing the
payment of any.such licenses or royalties, and permits for the use of any patented or copyrighted
devices shall be secured and paid for by the Contractor and delivered to the County on completion
of the Work, if required.
SECTION 4. Contractor's Responsibility for Work and Public Utilities:
A. The Work: Until the formal acceptance of the Work by the County, the Contractor shall have the
' charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the
action of the elements or from any other cause except as provided in Section 23.
' The Contractor, at Contractor's cost, shall rebuild, repair, restore, and make good all such damages
to any portion of the Work occasioned by any of such causes before its acceptance.
B. Public Utilities:
1. The Contractor shall send proper notices, make all necessary arrangements, and perform all
other services required in the care and maintenance of all public utilities. The Contractor shall
' assume all responsibility concerning same for which the County may be liable.
2. Enclosing or boxing in, for protection of any public utility equipment, shall be done by the
' Contractor. Upon completion of the Work, the Contractor shall remove all enclosures, fill in
all openings in masonry, grouting the same watertight, and leave in a finished condition.
3. All connections to public utilities shall be made and maintained in such manner as not to
' interfere with the continuing use of same by the County during the entire progress of the Work.
SECTION 5. Bonds and Insurance:
' A. The Contractor to whom the Work is awarded shall within the time specified in Division B,
Instructions to Bidders, enter into a Contract with the owner on the Contra Costa County Standard
' Form for the Work in accordance with the Contract Documents, and shall furnish and file at the
same time payment and performance bonds as set forth in the advertisement for bids, on forms set
forth in Division D of these Specifications.
B. Compensation Insurance:
The Contractor shall take out and maintain during the life of this Contract, adequate Workers'
Compensation Insurance for all his/her employees employed at the site of the Project, and in case
any work is sublet, the Contract shall require the subcontractor similarly to provide Workers'
Compensation Insurance for the latter's employees, unless such employees are covered by the
protection afforded by the Contractor.
In case any class of employee engaged in hazardous work under the Contract at the site of the
Project is not protected under the Workers' Compensation statute, or in case there is no applicable
Workers' Compensation statute, the Contractor shall provide, and shall cause each subcontractor to
provide, adequate insurance for the protection of his/her employees not otherwise protected.
DIVISION F - 5
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1
DIVISION F. GENERAL CONDITIONS (Continued) ,
C. Public Liability and Property Damage Insurance:
The Contractor, at no cost to Public Agency, shall obtain and maintain during the term hereof,
Comprehensive Liability Insurance, including Broad Form Property Damage and Blanket
Contractual Liability, with a minimum combined single-limit coverage of $1,000,000.00, and
coverage for owned and non-owned automobiles, with a minimum combined single-limit coverage
of$500,000.00 for all damages due to bodily injury, sickness or disease, or death to any person,
and damage to property, including the loss of use thereof, arising out of each accident or
occurrence. Contractor shall furnish evidence of such coverage, naming as additional insured
Public Agency, and its elective and appointive boards, commissions, officers, agents, and
employees together with any additional persons and entities, if any, listed in the Supplementary
General Conditions (Division G), and requiring 30 days' written notice of policy lapse or
cancellation,non-renewal, or material change in coverage.
D. Fire Insurance:
The Public Agency will be responsible for Fire Insurance.
E. Certificates of Insurance: '
Certificates of such Workers' Compensation, Public Liability, and Property Damage Insurance,
shall be filed with the County and shall be subject to County approval for adequacy of protection.
All certificates shall indicate that Contra Costa County has been named as an additional insured.
These certificates shall contain a provision that coverage afforded under the policies will not be
cancelled until at least thirty days prior written notice has been given.to Contra Costa County. '
F. Performance Bond:
One bond shall be in the amount of one hundred percent (100%) of the Maximum Contract
Amount, and shall insure the Owner during the life of the Contract and for the term of one year
from the date of acceptance of the Work against faulty or improper materials or workmanship that
may be discovered during that time. Said bond shall be issued on the form set forth in Division D
of these Specifications.
G. Payment Bond: '
One bond shall be in the amount of one hundred percent (100%) of the Maximum Contract
Amount and shall be in accordance with the laws of the State of California to secure the payment
of all claims for labor and materials used or consumed in the performance of this Contract and of ,
all amounts under the Unemployment Insurance Act. Said bond shall be issued on the form set
forth in Division D of these Specifications.
SECTION 6. Subcontracting:
A. The Contractor shall be responsible for all work performed under this Contract, and no
subcontractor will be recognized as such. All persons engaged in the Work will be considered as
employees of the Contractor.
DIVISION F - 6 '
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DIVISION F. GENERAL CONDITIONS (Continued)
B. The Contractor shall give personal attention to the fulfillment of this Contract and shall keep the
Work under his/her control. When any subcontractor fails to prosecute a portion of the Work in a
manner satisfactory to the Architect or Engineer, the Contractor shall remove such subcontractor
immediately upon written request of the Architect or Engineer and he/she shall not again be
employed on the Work.
C. Although the specification sections of this Contract may be arranged according to various trades,
or general grouping of work, the Contractor is not obligated to sublet the Work in such manner.
The County will not entertain requests to arbitrate disputes among subcontractors or between the
Contractor and one or more subcontractors concerning responsibility for performing any part of the
' Work.
D. Subletting or subcontracting any portion of the Work as to which no subcontractor was designated
in the original Job Order shall be permitted only in case of public emergency or necessity, and then
only after a finding reduced to writing as public record of the awarding authority setting forth the
facts constituting such emergency or necessity.
E. Substitution of Subcontractors: Contractor shall not substitute any person or subcontractor in place
of a subcontractor listed in his/her Job Order Proposal without the written approval of the County.
Substitution of subcontractors must be in accordance with the provisions of the "Subletting and
Subcontracting Fair Practices Act" beginning with Section 4100 of the Public Contract Code.
Violations of this Act by the Contractor may subject him/her to penalties which may include
cancellation of Contract, assessment of ten (10%) percent of the subcontractor's bid, and
disciplinary action by the Contractors' State License Board.
SECTION 7. Time of Work and Damages:
A. The County will designate the starting day of an individual Job Order on which the Contractor
shall immediately begin and thereafter diligently prosecute the Work to completion. The
Contractor obligates himself to complete the Work on or before the date, or within the number of
calendar days, set forth by the Job Order Time for completion, subject only to such adjustment of
' time as may be set forth in this article or pursuant to Section 22.
B. If the Work is not completed within the time required, damage will be sustained by the County. It
' is and will be impracticable and extremely difficult to ascertain and determine the actual damage
which the County will sustain by reason of such delay; and it is therefore agreed that the
Contractor will pay to the County the sum of money stipulated per day in the Division D, Section 5
for each and every day's delay in finishing the Work beyond the time prescribed. If the Contractor
fails to pay such liquidated damages the County may deduct the amount thereof from any money
due or that may become due the Contractor under the Contract.
C. The Job Order Work shall be regarded as completed upon the date the County has recorded a
notice of completion for the Job Order Work or otherwise accepted it in writing.
D. Written requests for Contract time extensions, along with adequate justification, shall be submitted
' to the County not later than ten (10) calendar days following the delay.
E. Any money due, or to become due the Contractor, may be retained to cover said liquidated
damages and should such money not be sufficient to cover such damages, the County shall have
the right to recover the balance from the Contractor or his sureties.
' DIVISION F - 7
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DIVISION F. GENERAL CONDITIONS (Continued) ,
F. Should the County, for any cause, authorize a suspension of work, the time of such suspension will
be added to the time allowed for completion. Suspension of work by order of the County shall not
be deemed a waiver of the claim of the County for damages for non-completion of the Work after
the adjusted time as required above.
SECTION 8. Progress Schedule:
Prior to beginning work the Contractor shall submit to the County a practicable progress schedule of '
operations on a chart form approved by the County. The schedule of operations shall show the order
in which the Contractor proposes to carry out the Work, the dates on which he/she will start each
major subdivision of the Work, and the contemplated dates of completion of such subdivision. The
Contractor shall submit an adjusted progress schedule on the approved form to reflect changed
conditions. (Normally, a new schedule will be requested when schedule is more than fifteen (15) days
in error).
SECTION 9. Temporary Utilities and Facilities:
A. All water used on the Work will be furnished by the Contractor. The Contractor shall furnish the
necessary temporary piping from the distribution point to the points on the site where water is
necessary to carry on the Work and upon completion of the Work shall remove all temporary
piping.
B. The Contractor shall furnish and install all meters, all electric light and power equipment and
wiring, all gas meters, gas equipment and piping that is necessary to perform his/her work and
shall remove the same upon the completion of the Work. The Contractor shall pay for all power, '
light and gas used in the construction work.
C. The Contractor shall furnish, wire for, install and maintain temporary electric light wherever it is
necessary to provide illumination for the proper performance and/or inspection of the Work. The
lighting shall provide sufficient illumination and shall be so placed and distributed that these
Specifications can be easily read in every place where said work is being performed. This
temporary lighting equipment may be moved about but shall be maintained throughout the Work, '
available for the use of the Engineer, Project Inspector, or any other authorized representative of
the County whenever required for inspection.
D. The Contractor shall provide and maintain for the duration of the Work, temporary toilet facilities '
for the workers. These facilities shall be of an approved type conforming to the requirements of
the County Health Department, and shall be weathertight structures with raised floors. Structures
are to have adequate light and ventilation and door equipped with latch or lock. Contractor shall
service such facilities daily, maintaining same in a clean and sanitary condition. Portion of site
occupied by toilet facilities shall be graded and cleaned up upon removal of facilities when so
ordered and/or upon completion of Work.
E. The County will pay directly to the utility companies connections fees, annexation fees, permit
fees, acreage fees, and all other fees required by the utility companies and associated with the
permanent utility services. If additional fees associated with the temporary services are required
they will be paid by the Contractor.
County will not pay for water, gas, telephone and electricity consumed on the Project until after the
County makes written request to the utility companies that billings be sent to the County.
(Normally, the County will make these requests after the Project is accepted as complete.)
DIVISION F - 8
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' DIVISION F. GENERAL CONDITIONS (Continued)
SECTION 10. Permits:
The Contractor shall make application for all permits that are required for the performance of the
Work by all laws, ordinances, rules, regulations, or orders, of any body lawfully empowered to make
or issue the same and having jurisdiction, and shall give all notices necessary in connection therewith.
The Contractor shall be reimbursed for the direct cost of all permits.
SECTION 11. Scope of Work and Procedures for Ordering Work, Pre Job Order Meeting
A. Pre Job Order Meeting
After award of the Contract and before the issuance of the first discrete Job Order under this
Contract, the County will conduct a meeting to acquaint the Contractor with the County policies
and procedures applicable to the execution of the Work and to develop mutual understanding
relative to the administration of the Contract.
B. General Scope of Work
This is an indefinite-quantity Contract for construction services and supplies, and effective for the
' period stated in the specifications. The Contractor is required to perform any and all work
requested by the County at any of the County's facil ties. The Contractor is not allowed to "pick
and choose" the projects it prefers. The Work of thiE Contract will be determined by the Detailed
Scopes of Work issued in connection with indi idual Job Orders. The County makes no
commitment as to the award of individual Job Ord rs. All costs associated with preparing Job
Order Proposals shall be the responsibility of the Con ractor.
' C. Description Of Work
' 1. Work shall be performed only as authorized b Job Orders issued in accordance with the
procedures for ordering work. The Contractor hall furnish to the County the construction
services and supplies specified in the Job Orders in a total amount not to exceed the Maximum
' Contract Amount. The County will order at least the Minimum Contract Amount.
2. The Work of this Contract will be determined by individual Job Orders. The Contractor shall
provide all pricing, management, design sketches, shop drawings, documents, labor, materials,
supplies, parts (to include system components), transportation, plant, supervision, and
equipment needed to complete each Job Order. The Contractor shall provide quality assurance
as specified in strict accordance with the Contract. The Contractor shall also be responsible
for site safety as well as site preparation and cleanup.
3. Contractor shall maintain accurate and complete records, files and libraries of documents to
include state and local laws, ordinances, rules and regulations and manufacturers' instructions
and recommendations which are necessary and related to the Work to be performed.
DIVISION F 9
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DIVISION F. GENERAL CONDITIONS (Continued)
4. Contractor shall prepare and submit required reports, maintain current record drawings, and
submit required information. The Contractor shall provide materials lists to include trade
names, brand names, model, materials lists, model number, and ratings, if appropriate, for all
materials necessary for a complete job.
5. In addition to the tasks and requirements in the County's Technical Specifications and the
CTC, the County may, from time to time, require Non-prepriced Tasks. The parties will price
these requirements in accordance with the procedures set forth below.
6. Unless specified otherwise in an individual Job Order, all parts of the Contract Documents, '
including without limitation the Construction Task Catalog, the County Technical
Specifications, and the Detailed Scope of Work shall be used in the execution of work under
the Contract and are incorporated into all Job Orders issued by the County.
7. The Contractor may be requested by the County, or as required for the filing of permits, to
provide the incidental design of architectural, structural, mechanical, electrical, civil, or other
engineering features of the Work. The design services shall be provided by architects or
engineers registered and insured in the State of California to practice in the particular
professional field involved. Professional liability coverage shall be at least $1,000,000, with a '
deductible not to exceed $100,000. All documents prepared by architects and engineers for
the Contractor under this Contract are subject to review and approval of the County.
D. Procedure for Ordering Work
I. As the need exists for performance by the Contractor on work to be completed under the terms
of this Contract, the County will notify the Contractor of a Project.
2. The Contractor shall respond by obtaining from the County the scope of the requirement and
collect any documents, visiting the proposed site with the County staff, and participating in a
Joint Scope Meeting which will at a minimum include establishment of the following:
a) Job Order number and title
b) Existing site conditions
c) Methods and alternatives for accomplishing work ,
d) Definition and refinement of requirements
e) Detailed Scope of Work
f) Requirements for design drawings, sketches, submittals, catalog cuts, samples, shop
drawings, etc.
g) Tentative construction schedule(bar chart or critical path method schedule)
h) Preliminary quantity estimates
i) Staging areas and site access
j) Special conditions regarding unique facility operations
k) Safety requirements
1) Proposal due date
m) Mandatory Subcontracting Minimum
n) Outreach Program or SBE Program requirements
DIVISION F - 10 '
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' DIVISION F. GENERAL CONDITIONS (Continued)
3. Upon completion of the joint scoping process, the County will issue a Request for Proposal
and a Detailed Scope of Work, which will require the Contractor to prepare a Job Order
Proposal for the work under consideration. The Detailed Scope of Work, unless modified by
both the Contractor and the County, will be the basis on which the Contractor will develop
his/her Job Order Proposal and the County will evaluate the Job Order Proposal.
' E. Proposal Development
1. The Contractor will prepare Job Order Proposals in accordance with the following:
a) Prepriced Tasks: For prepriced tasks, the Contractor shall identify the task and quantities
required from the CTC. The unit price set forth in the CTC shall serve as the base price for
' the purpose of the operation of this provision. The Contractor's Job Order Proposal shall
include support documentation to indicate that adequate engineering and planning for the
requirement has been done and that the tasks proposed are reasonable for the work to be
performed. Documentation to be submitted with the Job Order Proposal shall include, but
not be limited to, design drawings, calculations, catalog cuts, specifications, and
architectural renderings, subcontractor list, required Outreach Program or SBE Program
' documentation, and construction schedule.
b) Non-Prepriced Tasks: Non-Prepriced Tasks, if any, shall be separately identified and
submitted in the Job Order Proposal. Information submitted in support of Non-Prepriced
Tasks shall include,but not be limited to, the following:
' 1) Complete specifications and technical data, including task content, support drawings,
job cost data, quality control and inspection requirements.
2) Work schedule.
3) Costing data shall include a cost analysis report, establishing the basis for selecting the
approach proposed for accomplishment of the requirements. Unless otherwise directed
by the County, costing data will be submitted demonstrating that the Contractor sought
' and received three quotes. The Contractor shall provide an installed unit price (or
demolition price if appropriate), which shall include all costs required to accomplish
the Non-Prepriced Task.
4) The final price submitted for Non-Prepriced Tasks that are performed by the
Contractor shall be according to the following formula:
' a) A=Labor from the Construction Task Catalog°multiplied by the contractor's
normal or other than normal adjustment factor.
b) B =Direct Equipment Costs from the Construction Task Catalog°multiplied by
' the contractor's normal or other than normal adjustment factor.
c) C =Direct material costs (supported by quotes)
d) D = Allowable profit on material =(C)x 10%
' DIVISION F - 11
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DIVISION F. GENERAL CONDITIONS (Continued) '
5) The final price submitted for Non-Prepriced Tasks that are performed by a
subcontractor shall be according to the following formula:
C
a) E= Subcontractor costs (supported by quotes)
b) F=Contractor Allowance for Subcontractor Costs=E x 15% '
6) Total Cost of Non-Prepriced Tasks =A+ B + C + D +E +F ,
2. Following approval by the County of a Non-Prepriced Task and unit price, the Non-Prepriced
Task unit price will be entered into the computer data base.
3. The total extended price for the Non-Prepriced Task will be determined by multiplying the
unit price by the quantity required. The price offered in the proposal will be determined by
multiplying the total extended price by an adjustment factor of 1.000.
4. After a Non-Prepriced Task is used on three separate Job Orders, the unit price for such task
will be established, following approval by the County, and fixed as a permanent prepriced
task which will no longer require price justification.
5. The County's determination as to whether an item is a prepriced task or a Non-Prepriced
Task shall be final, binding and conclusive as to the Contractor.
6. The Contractor's Job Order Proposal shall include support documentation to indicate that ,
adequate engineering and planning for the requirement has been done, and that the tasks
proposed are reasonable for the work to be performed. Documentation to be submitted with
the proposal shall include, but not be limited to:
a) Design drawings, calculations, specifications, and architectural renderings
b) Catalog cuts
c) Subcontractor, truckers, manufacturers and material supplier list for the Project
d) Construction schedule '
e) Special insurance
f) For special equipment a copy of the warranty document may be required.
g) Required Outreach Program or SBE Program documentation. ,
7. Contractor's Job Order Proposal shall be submitted by the date indicated on the RFP. The
time allowed for preparation of the Contractor's Job Order Proposal will depend on the
complexity and urgency of the Job Order. On complex Job Orders, such as Job Orders
requiring engineering/architectural drawings and approvals and permits, allowance will be
made to provide adequate time for preparation and submittal of the necessary documents and
the proposal and so reflected in the proposal due date entered on the RFP. In emergency
situations and minor maintenance and repair Job Orders requiring immediate completion, the
Job Order Proposal may be required quickly and the due date will be so indicated on the
RFP.
DIVISION F - 12
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DIVISION F. GENERAL CONDITIONS (Continued)
8. Three calendar days after the submission of the Job Order Proposal, the required Outreach
Program or SBE Program documentation will be due.
F. Review Of Job Order Proposal And Issuance Of Job Order
1. The County will evaluate the entire Job Order Proposal to determine whether the proposed
installation is acceptable and whether the Contractor has selected the correct tasks and
quantities. After reviewing a Job Order Proposal, the County may request the Contractor to
revise its proposal. The Contractor shall revise and resubmit the proposal within 48 hours or
within a reasonable timeframe determined by the County.
2. The Affirmative Action Office will review Good Faith Effort documentation, including the
Mandatory Subcontracting Minimum, and list of subcontractors, truckers, suppliers, and
manufacturers, to determine if the JOC Contractor has met the Outreach Program
requirements.
3. The County reserves the right to reject a Job Order Proposal for any reason. The County also
reserves the right not to issue a Job Order if that is determined to be in the County's best
' interests to do so or if the proposed cost exceeds the County's estimate. In these instances,
the Contractor has no claim to recoup expenses incurred in preparing the Job Order Proposal
or any other expenses. The County may pursue the performance of any work by other means.
4. By submitting a signed Job Order Proposal to the County, the Contractor agrees to
accomplish the Detailed Scope of Work for the price submitted. It is the Contractor's
responsibility to include the necessary tasks and quantities in the Job Order Proposal prior to
delivering it to the County.
5. Each Job Order issued to the Contractor shall reference the Detailed Scope of Work which
shall dictate the obligations of the Contractor. The Job Order Proposal does not govern the
obligations of the Contractor or define the Scope of Work. All clauses of this Contract shall
be applicable to each Job Order. Job Orders will be written on an appropriate form. The Job
Order, signed by a duly authorized agent, constitutes the County's acceptance of the
Contractor's price to complete the Detailed Scope of Work and compliance with the County's
' Outreach Program or SBE Program requirements. A signed copy will be provided to the
Contractor.
6. In the event that immediate emergency response is necessary, the Contractor shall be
required to conform to alternative procedures as established by the County. This alternative
procedure may be more burdensome to the Contractor than the procedure described in this
section.
G. Computer And Communications Equipment Requirements
1. The Contractor must maintain in an operational condition a computer system capable of
p p Y p
operating the JOC Management Systemsupplied by the County. The Contractor may include
' DIVISION F - 13
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DIVISION F. GENERAL CONDITIONS (Continued) '
the cost of the system in its Adjustment Factor. The computer system must consist of at a
minimum: '
a. P866 MMX Pentium III Based Computer System with 256Mb RAM '
b. 36X spin CD Rom Drive
c. 30 gigabyte or larger hard disk drive compatible with computer in item "a"
d. 3 Com Network Card and software ,
e. Voltage surge protection device
f. Internet Connection
g. Software: '
i. MS Windows 2000,NT or XP
ii. Microsoft Office
iii. Microsoft Project ,
h. Hewlett Packard Office Jet 3000 or equal Plain paper fax
i. Telephone
2. County Furnished JOC Management System '
The Contractor is required to use the County-furnished JOC management system for '
preparing and submitting Proposals in.response to County issued Requests for Job Order
Proposals. The Contractor will be trained by the County on the use of the system. The
system is Internet based and called PROGEN Online. You will need an internet connection ,
to run the system. This system contains an electronic version (copy) of the Construction Task
Catalog, which can be accessed through the Internet to locate and select desired items from
the CTC. Once the desired items are selected, the system provides for selection of quantities '
and based on the selected quantities, extends and totals CTC costs for each cost Proposal.
The system permits introduction of Non-Prepriced Tasks and the application of the
Adjustment Factors. '
SECTION 12. Conduct of Work:
A. The Contractor shall observe that the County reserves the right to do other work in connection with
the Project by contract or otherwise, and he/she shall at all times conduct his/her work so as to
impose no hardship on the County or others engaged in the work. The Contractor shall adjust,
correct and coordinate his/her work with the work of others so that no discrepancies shall result in ,
the whole work.
B. The Contractor shall provide an adequate work force, materials of proper quality, and equipment to
properly carry on the Work and to insure completion of each part in. accordance with his/her
schedule and with the time agreed.
C. The Contractor shall personally superintend the Work and shall maintain a competent ,
superintendent or foreman at all times until the Work is accepted by the County. This
superintendent shall be empowered to act in all matters pertaining to the Work.
D. Daily Manpower Reports shall be signed by the Contractor, or his/her Superintendent, and
submitted weekly to the County.
DIVISION F - 14
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DIVISION F. GENERAL CONDITIONS (Continued)
E. Unless otherwise specified, the Contractor shall clear all obstructions and prepare the site ready for
the construction. He shall verify dimensions and scale of plot plans, and shall check all
dimensions, levels, and construction.
' F. Where work of one trade joins, or is on other work, there shall be no discrepancy or incomplete
portions when the total Project is complete. In engaging one kind of work with another, marring or
damaging same will not be permitted. Should improper work of any trade be covered by another
' which results in damage, or defects, the whole Work affected shall be made good by the Contractor
without expense to the County.
G. The Contractor shall anticipate the relations of the various trades to progress of the Work and shall
see that required anchorage or blocking is furnished and set at proper times. Anchorage and
blocking for each trade shall be a part of same, except where stated otherwise.
H. Proper facilities shall be provided at all times for access of the County representatives to
conveniently examine and inspect the Work.
I. Watchmen, at Contractor's option, shall be maintained during the progress of the Work as required,
at the expense of the Contractor.
J. If any subcontractor, supplier, trucker, manufacturer, or other person employed by the Contractor
on the Project shall appear to the County Staff.to be incompetent or to act in a disorderly or
improper manner, he/she shall be discharged immediately on the written request of the County, and
such person shall not again be employed on the Work.
K. Once having started the Work, the Contractor shall proceed with dispatch and without interruption
until the Project is completed.
L. Precautions shall be exercised at all times for the protection of persons (including employees) and
property. The safety provisions of applicable laws, building and construction codes shall be
observed. Machinery, equipment, and all hazards shall be guarded or eliminated in accord with
' recommended safety provisions established by the Associated General Contractors of America, to
the extent that such provisions are not in contravention of applicable law. The Contractor shall
protect hazards with adequately constructed guard rails and/or barricades and shall provide
' lanterns, warning lights, and the like, as necessary. The Contractor shall eliminate attractive
nuisances from the Work and from the site. To this end he/she shall so dispose, store, guard, and
protect the premises and all work, materials, equipment and both permanent and temporary
construction as to preclude the unauthorized use thereof by children or others and particularly to
eliminate possible consequent injury to unauthorized persons.
M. Activities which are inherently loud and which might disturb neighbors (such as use of helicopters
' to hoist materials and equipment; use of earth moving equipment; use of pile driving equipment)
shall not begin before 8:00 a.m. and shall not continue past 6:00 p.m.
' N. In no case shall the County or Architect be responsible for construction means, methods,
techniques, sequences or procedures or for safety precautions and programs in connection with the
other work nor shall the County or Architect be responsible for Contractor's failure to employ
proper safety procedures.
DIVISION F - 15
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DIVISION F. GENERAL CONDITIONS (Continued) '
SECTION 13. Responsibility For Site Conditions:
The following shall constitute exceptions, and the sole exceptions, to the responsibility of the r
p Y
Contractor set forth in Section 3, in the Instructions to Bidders:
A. If, during the course of the Work, the Contractor encounters active utility installations which are
not shown or indicated in the plans or in the specifications, or which are found in a location
substantially different from that shown, and such utilities are not reasonably apparent from visual
examination, then he/she shall promptly notify the County in writing. Where necessary for the
Work of the Contract, the County shall issue a written order to the Contractor to make such
adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including
repair of the damaged utility. For the purposes of the foregoing, "active" shall mean other than '
abandoned, and "utility installations" shall include the following: Steam, petroleum products, air,
chemical, water, sewer, storm water, gas, electric, and telephone pipe lines or conduits.
The Contractor shall perform the Work described in such written order and compensation therefor '
will be made in accordance with Section 21, relating to changes in the Work. Except for the items
of cost specified in such Sections, the Contractor shall receive no compensation for any other cost, '
damage or delay to him/her due to the presence of such utility. If the Contractor fails to give the
notice specified above and thereafter acts without instructions from the County, then Contractor
shall be liable for any or all damage to such utilities or other work of the Contract which arises
from Contractor operations subsequent to discovery thereof, and Contractor shall repair and make '
good such damage at his/her own cost.
B. If the Contract requires excavation or other work to a stated limit of excavation beneath the '
surface, and if during the course of the Work the County orders a change of depth or dimensions of
such subsurface work due to discovery of unsuitable bearing material or for any other cause, then
adjustment to Contract price for such change will be made in accordance with Section 21. Except
for the items of cost specified therein, the Contractor shall receive no compensation for any other
cost, damage, or delay to him due to the presence of such unsuitable bearing material or other
obstruction.
SECTION 14. Inspection: '
A. The Contractor shall at all times permit the County and its authorized agents to visit and inspect
the Work or any part thereof and the shops where work is in preparation. This obligation shall ,
include maintaining proper facilities and safe access for such inspection. Where the Contract
requires work to be tested, it shall not be covered up until inspected and approved by the County,
and the Contractor shall be solely responsible for notifying the County where and when such work
is in readiness for inspection and testing. Should any such work be covered without such test and
approval, it shall be uncovered at the Contractor's expense.
B. Whenever the Contractor intends to perform work on Saturday, Sunday, or a legal holiday, he/she
shall give notice to the County of such intention at least two working days prior to performing such
work, or such other period as may be specified, so that the County may make necessary
arrangements.
C. The inspection of the Work or materials shall not relieve the Contractor of any of his/her
obligations to fulfill his/her Contract as prescribed. Work and materials not meeting such
requirements shall be made good and unsuitable work or materials may be rejected,
notwithstanding that such work or materials have been previously inspected or that payment has
been made.
DIVISION F - 16
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DIVISION F. GENERAL CONDITIONS (Continued)
D. Construction review of the Contractor's performance by the County is not intended to include the
review of the adequacy of the Contractor's safety measures, in, on, or near the construction site.
SECTION 15. Rejection of Materials:
A. The Contractor shall promptly remove from the premises all materials condemned by the County
as failing to conform to the Contract, whether incorporated in the Work or not, and the Contractor
' shall promptly replace and reexecute his/her own work in accordance with the Contract and
without expense to the County and shall bear the expense of making good all work of other
Contractors destroyed or damaged by such removal.
B. If the Contractor does not remove such condemned work and materials within reasonable time,
fixed by written notice, the County may remove them and may store the materials at the expense of
the Contractor. If the Contractor does not pay the expenses of such removal within ten (10) days
thereafter, the County may upon ten (10) days written notice, sell such materials at auction or at
private sale and shall account for the net proceeds thereof after deducting all costs and expenses
that should have been borne by the Contractor.
SECTION 16. Interpretation of Contract Requirements:
A. Correlation: The Contract Documents shall be interpreted as being complementary in requiring a
complete work ready for use and occupancy or, if not to be occupied, operation. Any requirement
occurring in any one of the documents is as binding as though occurring in all.
B. Conflicts in the Contract Documents: In case of discrepancies or conflicts in information or
requirements within the Contract Documents or between different parts of the Contract
Documents, the most expensive requirement shown or specified shall be the basis of the Contract.
C. Omissions: If the Contract Documents are not complete as to any minor detail of a required
construction system or with regard to the manner of combining or installing of parts, materials, or
equipment, but there exists an accepted trade standard for good construction, such detail shall be
deemed to have been impliedly required by the Contract Documents in accordance with such
standard.
' 1. "Minor detail" shall include the concept of substantially identical components, where the price
of each such component is small even though the aggregate cost or importance is substantial,
and shall include a single component which is incidental, even though its cost or importance
maybe substantial.
2. The quality and quantity of the parts or material so supplied shall conform to trade standards
and be compatible with the type, composition, strength, size, and profile of the parts or
materials otherwise set forth in the Contract Documents.
SECTION 17. Clarifications and Additional Instruction:
' A. Notification by Contractor: Should the Contractor discover any conflicts, omissions, or errors in
the Contract Documents or have any question concerning interpretation or clarification of the
Contract Documents, or if it appears to him/her that the Work to be done or any matters relative
' thereto are not sufficiently detailed or explained in the Contract Documents, then, before
proceeding with the work affected, he/she shall immediately notify the County in writing through
the Construction Supervisor, and request interpretation, clarification or furnishing of additional
detailed instructions concerning the Work. All such questions shall be resolved and instructions to
DIVISION F - 17
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DIVISION F. GENERAL CONDITIONS (Continued)
the Contractor issued within a reasonable time by the County, whose decision shall be final and
conclusive. '
Should the Contractor proceed with the work affected before receipt of instructions from the
County, he/she shall remove and replace or adjust any work which is not in accordance therewith
and he/she shall be responsible for any resultant damage, defect or added cost.
B. Supplemental Instructions: During the course of the Work the Architect, Engineer or County may '
issue Supplemental Instructions regarding the Work. These Supplemental Instructions will
supplement the Plans and Specifications in order to clarify the intent of the Contract Documents by
adjustment to meet field conditions or to make the various phases of the Work meet and join
properly. A Supplemental Instruction involves no change in Contract time or price. Performance,
partially or in full, of a Supplemental Instruction shall constitute a waiver of claim for a change in
Contract time or price for the Work covered by the Supplemental Instruction, unless a
Supplemental Job Order has been issued. '
C. Supplemental Job Orders: See Section 22.
SECTION 18. Product and Reference Standards:
A. Product Designation: When descriptive catalogue designations, including manufacturer's name,
product brand name, or model number are referred to in the Contract Documents, such '
designations shall be considered as being those found in industry publications of current issue at
date of first invitation to bid.
B. Reference Standards: When standards of the Federal Government, trade societies, or trade
associations are referred to in the Contract Documents by specific date of issue, these shall be
considered a part of this Contract. When such references do not bear a date of issue, the current
published edition at date of first invitation to bid shall be considered as part of this Contract.
SECTION 19. Substitutions, Materials, Articles, and Equipment:
A. As part of the Job Order Proposal Package within the time designated in the Request for Proposal,
the Contractor shall submit for approval to the County a complete list of all materials it is proposed
to use on a Job Order which differ in any respect from materials specified. This list shall include
all materials which are proposed by the subcontractors as well as by the Contractor for use in work
of his/her Contract and which are not specifically mentioned in the Specifications.
B. Substitutions: Wherever the name or brand of a manufacturer's article is specified herein, it is used
as a measure of quality and utility or a standard. If the Contractor desires to use any other brand or
manufacturer of equal quality and utility to that specified, he/she shall make application to the
County in writing for any proposed substitutions. Such proposed substitution shall be
accompanied by evidence satisfactory to the County that the material or process is equal to that
specified. Request for substitution shall be made in ample time for the County's consideration as
no delay or extra time will be allowed on account thereof. Evidence furnished to the County by
the Contractor shall consist of adequate size samples of material, testing laboratory reports on
material or process, manufacturer's specification data, field reports on product's approval and use
by other public agencies, material costs, and installation costs and maintenance provisions and
experience or other data as required by the County. The County's decision concerning the refusal
or acceptance of proposed substitute for that specified shall be accepted as final. Failure to submit
competent evidence as required and requested by County shall be considered grounds for refusal of
substitution.
DIVISION F - 18
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1
DIVISION F. GENERAL CONDITIONS (Continued)
1. No such substitute will be considered unless accompanied by complete information and
descriptive data necessary to determine the equality of the offered materials, articles, or
equipment. Samples shall be provided when requested by the County.
2. The Contractor shall note that the burden of proof as to the comparative quality or suitability of
the offered materials, articles, or equipment shall be upon the Contractor. The County shall be
the sole judge as to such matters. In the event that the County rejects the use of such substitute
materials, articles, or equipment, then one of the particular products designated by brand name
shall be furnished.
C. Material shall be new and of quality specified. When not particularly specified, material shall be
the best of its class or kind. The Contractor shall, if required, submit satisfactory evidence as to
the kind and quality of material. Price, fitness and quality being equal, preference shall be given to
products made in California, in accordance with Section 4380 et. seq., of the Government Code,
State of California.
D. Mechanical equipment, fixtures and materials shall be delivered in original shipping crates to the
job site and the County shall be notified of the receipt of such equipment, fixtures and material
before uncrating. The County will, when desired, inspect such equipment, fixtures or material to
determine any damage or deviation from that specified. Items damaged during delivery shall be
rejected.
E. All materials shall be delivered so as to insure a speedy and uninterrupted progress of the Work.
Same shall be stored so as to cause no obstruction, and so as to prevent overloading of any portion
of the structure, and the Contractor shall be entirely responsible for damage or loss by weather or
other cause.
F. Installation. Unless otherwise noted, all manufactured materials, products, processes, equipment
or the like shall be installed in accordance with manufacturer's printed instructions or
specifications.
SECTION 20. Shop Drawings, Descriptive Data, Samples:
A. The Contractor shall submit promptly to the County, so as to cause no delay in the Work, all shop
drawings, descriptive data and samples for the various trades as required by the specifications, and
offers of alternatives, if any. Such submittals shall be checked and coordinated by the Contractor
with the work of other trades involved before they are submitted to the County for examination.
B. The Contractor shall submit to the County shop or diagram drawings in the number of copies as
required in submittal schedule, or nine (9) copies if no schedule is included in these documents.
The drawings shall show completely the Work to be done; any error or omission shall be made
good by the Contractor at his/her own expense, even though the Work be installed before same
becomes apparent, as approval by the County covers general layout only. Fabrication, details and
inspection shall conform to approved Contract Drawings.
C. Descriptive Data: Submit sets of manufacturer's brochures or other data required by the
specifications in the number of copies as required in submittal schedule, or nine (9) copies if no
schedule is included in these documents. The County will examine such submittals, noting thereon
corrections, and return three copies with a letter of transmittal indicating actions taken by the
County or required of the Contractor.
DIVISION F- 19
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DIVISION F. GENERAL CONDITIONS (Continued) '
D. Samples: Submit samples of articles, materials or equipment as required by the specifications.
The Work shall be in accordance with the approval of the samples. Samples shall be removed
from County property when directed. Samples not removed by the Contractor, at the County's
option, will become the property of the County or will be removed or disposed of by the County at
Contractor's expense.
E. The County will examine submittals, with reasonable promptness. Return of submittals to the
Contractor shall not relieve the Contractor from responsibility for deviations and substitutions from ,
the Contract plans and specifications, nor shall it relieve him from responsibility for errors in the
submittals. A failure by the Contractor to identify, in his/her letter of transmittal, material
deviations from the plans and specifications shall void the submittal and any action taken thereon
by the County. When specifically requested by the County, the Contractor shall resubmit such
shop drawings, descriptive data, and samples as may be required.
F. If any mechanical, electrical, structural, or other changes are required for the proper installation,
support or fit of substitute materials, articles, or equipment, or because of deviations from the
Contract plans and specifications, such changes shall not be made without the consent of the
County and shall be made without additional cost to the County.
SECTION 21. Samples and Tests:
The County reserves the right, at its own expense, to order tests of any part of the Work. If, as a result
of any such test, the Work is found unacceptable, it will be rejected and any additional test required by
the County shall be at Contractor's expense. Unless otherwise directed, all samples for testing will be
taken by the County from the materials, articles or equipment delivered, or from work performed, and
tests will be under the supervision of, or directed by, and at such places as may be convenient to the
County. Materials, articles, and equipment requiring tests shall be delivered in ample time before
intended use to allow for testing, and none may be used before receipt of written approval by the
County. Any sample delivered to the County or to the premises for examination, including testing,
shall be disposed of by the Contractor at his/her own expense within not more than ten (10) days after
the Contractor acquires knowledge that such examination is concluded, unless otherwise directed by
the County.
SECTION 22. Changes in Work:
A. The County reserves the right to order, at any time, in writing, additions, deletions, or revisions in
the Work, without voiding the Job Order, and the Contractor shall comply with such order. No
change or deviation from the Job Order will be made without authority in writing from the County.
B. Changed Work shall be performed in accordance with the original requirements of the Contract
Documents, except as changed in writing by the County.
C. A Supplemental Job Order may adjust the Job Order price either upward or downward in
accordance with the procedures for ordering work.
1. Allowable Time Extensions:
For any change in the Work, the Contractor shall be entitled only to such adjustments in time
by which completion of the Job Order is delayed due to performance of the changed work.
Each estimate for a change in the Work submitted by the Contractor shall state the amount of
extra time that he considers should be allowed for making the requested change.
DIVISION F - 20
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DIVISION F. GENERAL CONDITIONS (Continued)
2. Failure to Agree as to Cost:
Notwithstanding the failure of the County and the Contractor to agree as to cost of the
proposed change in work, the Contractor, upon written order from the County, shall proceed
immediately with the changed work. Daily fob records shall be kept, and when agreed to by
the Contractor and the construction inspector, it shall become the basis for payment of the
changed work. Agreement and execution of the daily job record by the construction inspector
shall not preclude subsequent adjustment based upon a later audit by the County.
SECTION 23. Labor
Every part of the Work shall be accomplished by workers, laborers, or mechanics especially skilled in
the class of work required and workmanship shall be the best.
SECTION 24. Occupancy by the County Prior to Acce tp ance:
A. The County reserves the right to occupy all or any part of the Project prior to completion of the Job
Order, upon written order therefor. In such event, the Contractor will be relieved of responsibility
for any injury or damage to such part as results from such occupancy and use by the County.
B. Such occupancy does not constitute acceptance by the County of the Job Order Work or any
portion thereof, nor will it relieve the Contractor of responsibility for correcting defective work or
materials found at any time before the acceptance of the Job Order Work as set forth in Section 27
or during the guarantee period after such acceptance, as set forth in Section 29.
SECTION 25. Preservation and Cleaning:
A. The Contractor shall protect and preserve the Work from all damage or accident, providing any
temporary roofs, window and door coverings, boxings or other construction as required by the
County. This shall include any adjoining property of the County and others.
B. The Contractor shall properly clean the Work as it progresses. As directed during construction,
rubbish shall be removed, and at completion the whole Work shall be cleaned and all temporary
construction, equipment and rubbish shall be removed from the site, all being left in a clean and
proper condition satisfactory to the County.
C. Contractor shall clean, repair, replace and restore County property marred, damaged or defaced by
the Contractor or his/her subcontractors.
SECTION 26. Payment of Federal or State Taxes:
Any Federal, State or local tax payable on articles furnished by the Contractor, under the Contract,
shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax
Exemption Certificates to the Contractor for any articles which are required to be furnished under the
Contract and which are exempt from Federal Excise Tax.
SECTION 27. Acceptance:
A. The Work shall be accepted in writing only when it shall have been completed satisfactorily to the
County. Partial payments shall not be construed as acceptance of any part of the Work.
B. In judging the Work no allowance for deviations from the Drawings and Specifications will be
made, unless already approved in writing at the time and in the manner as called for heretofore.
DIVISION F- 21
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DIVISION F. GENERAL CONDITIONS (Continued)
C. County shall be given adequate opportunity to make any necessary arrangements for fire insurance
and extended coverage.
D. Final acceptance of Job Order Work will not be given until all requirements of the Contract
Documents are complete and approved by the County. This shall include, but is not limited to, all
construction, guarantee forms, parts list, schedules, tests, operating instructions, and as-built
drawings - all as required by the Contract Documents.
SECTION 28. Final Payment and Waiver to Claims:
After the official acceptance of the Job Order Work by the County, the Contractor shall submit to the
County, on a form acceptable to the County, a request for payment in full (i.e. release of retention) in
accordance with the Contract. The form, "Statement to Accompany Final Payment," shall be
completed, signed by the Contractor, and submitted to the County with the invoice for release of
retention.
SECTION 29. Guarantee Period:
A. The Contractor hereby unconditionally guarantees that the Work will be done in accordance with
requirements of all Contract Documents, and further guarantees the Work of the Contract to be and
remain free of defects in workmanship and materials for a period of one year from the date of
acceptance of the Job Order Work, unless a longer guarantee period is specifically called for. The
Contractor hereby agrees to repair or replace any and all work, together with any other adjacent
work which may be displaced in so doing, that may prove to be not acceptable in its workmanship
or material within the guarantee period specified, without any expense whatsoever to the County,
ordinary wear and tear and unusual abuse or neglect excepted.
B. The Contractor further agrees that within ten (10) calendar days after being notified in writing by
the County of any work not in accordance with the requirements of the Contract or any defects in
the Work, he/she will commence and prosecute with due diligence all work necessary to fulfill the
terms of this guarantee, and to complete the work within a reasonable period of time, and in the
event he/she fails to so comply, he/she does hereby authorize the County to proceed to have such
work done at the Contractor's expense and he/she will pay the cost thereof upon demand. The
County shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon
the Contractor's refusal to pay the above costs.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate
hazard to the health or safety of the County's employees, property, or licensees, the County may
undertake, at the Contractor's expense without prior notice, all work necessary to correct such
hazardous conditions when it was caused by work of the Contractor not being in accordance with
the requirements of this Contract.
C. The General Contractor and each of the listed subcontractors shall execute and furnish the County
with the standard guarantee form.
D. Contractor's obligations under this Section 29 are in addition to and not in limitation of any other �.
obligation of Contractor under the Contract Documents. Enforcement of Contractor's express
warranties and guarantees to repair contained in the Contract Documents shall be in addition to and
not in limitation of any other rights or remedies the Public Agency may have under the Contract
Documents or at law or in equity for defective work. Nothing contained in this Section 29 shall be
construed to establish a period of limitation with respect to other obligations of Contractor under
the Contract Documents. Establishment of the Guarantee Period relates only to specific
DIVISION F - 22
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DIVISION F. GENERAL CONDITIONS (Continued)
obligations of Contractor to correct the Work and in no way limits either Contractor's liability for
defective work or the time within which proceedings may be commenced to enforce Contractor's
obligations under the Contract Documents.
SECTION 30. Wage Rates:
Pursuant to Labor Code Section 1773.2 the governing body of the Public Agency has ascertained the
general prevailing rates of wages per diem for each craft, classification, or type of worker and said
rates are specified in the Notice to Contractors for this Work. Said rates are on file with the Public
Agency and copies of said rates are available to any interested party on request. Pursuant to Labor
Code Section 1773.2, said rates shall be posted at the job site. Said rates shall be determined at the
time an individual Job Order is issued to the Contractor.
SECTION 31. Underground Service Alert:
The Contractor shall notify Underground Service Alert (800) 642-2444, 48 hours prior to any
excavation.
SECTION 32. Archaeological Materials:
If archaeological materials are uncovered during grading, trenching, or other onsite excavation,
earthwork within 100 feet of these materials shall be stopped until a professional archaeologist who is
certified by the Society of California Archaeology (SCA) and/or the Society of Professional
Archaeology (SOPA) has had an opportunity to evaluate the significance of the "find" and suggest
appropriate mitigation measures, if they are deemed necessary.
SECTION 33. Payment of Withheld Funds:
Upon the Contractor's request, the County will make payment of funds withheld to ensure performance
under this Contract if the Contractor complies with the requirements of Public Contract Code Section
22300. Contractor shall deposit in escrow with the Treasurer-Tax Collector or with a bank acceptable
to the County, securities eligible for the investment of funds under Government Code Section 16430 or
bank or savings and loan certificates of deposit, upon the following conditions:
A. The Contractor shall bear the expense of the County and the escrow agent, either the County
Treasurer-Tax Collector or the bank, in connection with the escrow deposit made.
B. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to
the amounts withheld from the Contractor pursuant to this section. Securities shall be valued by
the County Treasurer-Tax Collector, whose decision shall be final.
C. The Contractor shall enter into an escrow agreement substantially similar to the form set forth in
Section 22300 of the Public Contract Code, except the form will include provisions governing inter
alia any decrease in the value of securities on deposit. The form will be furnished by the County,
on written request by the Contractor.
D. The Contractor shall obtain the written consent of the surety to such agreement.
E. If the securities are not listed as eligible under Government Code Section 16430, Contractor shall
have obtained approval of the securities by the County Treasurer-Tax Collector before bid
opening.
DIVISION F- 23
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DIVISION F. GENERAL CONDITIONS (Continued) '
SECTION 34. Dilutes:
Disagreements between the County and Contractor concerning the requirements,, or
performance of this Contract shall be subject to final determination in writing by the Director, or
designee, Contra Costa County General Services Department, or in accordance with the applicable
procedures (if any) required by the State or Federal Government.
SECTION 35. Claims by Contractor:
Pursuant to Public Contract Code Section 20104(a), all claims by Contractor of$375,000 or less are
subject to Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract
Code,which is incorporated into the Contract and which provides as follows:
ARTICLE 1.5
Resolution of Construction Claims
§20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that
"public work" does not include any work or improvement contracted for by the state or the Regents of
the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or(C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
§20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
DIVISION F - 24
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DIVISION F. GENERAL CONDITIONS (Continued)
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to respond
within the time prescribed, respectively, and demand an informal conference to meet and confer for
settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer
conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed shall
be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until
the time that claim is denied as a result of the meet and confer process, including any period of time
utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
§20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded
within 15 days from the commencement of the mediation unless a time requirement is extended upon a
good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator
within the 15-day period, any party may petition the court to appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
DIVISION F - 25
H:\2007\0000707\07AO0701 Oxrev.doc
DIVISION F. GENERAL CONDITIONS (Continued)
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure)
shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of
the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in
the case of arbitration where the arbitrator, for good cause, determines a different division. In no event
shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter,pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
§20104.6. (a)No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided In the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
SECTION 36. Toxic and Hazardous Materials and Waste
A. Asbestos: Operations which may cause release of asbestos fibers into the atmosphere shall meet
the requirements of CAC Title 8, General Industrial Safety Orders, Section 5208. Some operations
which may cause such concentrations include sanding, grinding, abrasive blasting, sawing, drilling,
shoveling, or otherwise handling materials containing asbestos so that dust will be raised. Such
materials can include resilient flooring, existing gypsum wallboard, asbestos-cement board, spray-
on fiber-proofing for steel, cement plaster, asbestos pipe insulation and acoustical sprays, tiles and
boards.
B. Toxic Materials:
Operations which release toxic materials into the atmosphere shall meet the requirements of CAC
Title 8, General Industrial Safety Orders. Some operations which may release such materials
include use of adhesives, sealants, paint and other coatings.
C. Lead based paint: Do not use lead based paint. Lead based paint is defined as:
1. Any paint containing more than five-tenths of one per centum lead by weight (calculated as
lead metal in the total non-volatile content of the paint) or the equivalent measure of lead in the
dried film of paint applied or both; or
p
For aint manufactured after June 22 1977 an paint containing 2. any g more than six one-hundredths
of one per centum lead by weight (calculated as lead metal) in the total content of the paint or
the equivalent measure of lead in the dried film or paint already applied.
DIVISION F - 26
H:\2007\0000707\07AO070 I Oxrev.d o c
DIVISION F. GENERAL CONDITIONS (Continued)
D. Hauling and disposal: Meet requirements of CAC Title 22, Division 4, Chapter 30, "Minimum
Standards for Management of Hazardous and Extremely Hazardous Wastes."
E. Asbestos Prohibited: No products or materials containing asbestos shall be incorporated into the
work without the prior written approval of the County.
SECTION 37. Equal Emplo rMent Opportunity:.
To the extent prohibited by law, the Contractor agrees not to discriminate against any employee,
subcontractor or applicant for employment on the basis of race, color, religion, religious creed,
national origin, ancestry, sex, age, physical handicap, medical condition, or marital status, and agrees
to comply with all laws, rules and regulations relating to equal employment opportunity. The
Contractor further agrees to include language in all subcontracts requiring the subcontractors to the
extent prohibited by law, not to discriminate against any employee, subcontractor or applicant for
employment on the basis of race, color, religion, religious creed, national origin, ancestry, sex, age,
physical handicap, medical condition, or marital status, and to comply with all laws, rules and
regulations relating to equal employment opportunity.
DIVISION F - 27
H:\2007\0000707\01A0010I Oxrev.doc
DIVISION F. GENERAL CONDITIONS (Continued)
GUARANTEE
We hereby guarantee to the County of Contra Costa the
(Type of Work)
which we have installed at
(Address)
California, for year(s) use from date of acceptance of Job Order
Work. We agree to repair or replace to the satisfaction of the Public Agency any or all such work that
may prove defective in workmanship or materials within that period, ordinary wear and tear and
unusual abuse or neglect excepted, together with any other work which may be damaged or displaced
in so doing. If we fail to comply with the above mentioned conditions after being notified in writing,
pursuant to Section 28 in the General Conditions of the Contract, we, collectively and separately, do
hereby authorize the owner to proceed to have the defects repaired and made good at our expense and
we will pay the costs and charges therefore immediately upon demand. This guarantee covers and
includes any special terms, including time periods, specified for this Work or materials in the plans
and specifications for this Project.
Section 28 in the General Conditions of the Contract fully applies to this Guarantee.
SUBCONTRACTOR
Date: Affix Corporate Seal)
GENERAL CONTRACTOR
Date: Affix Corporate Seal)
NOTE: If the firm is not a corporation, add a paragraph stating the type of business organization and
the capacity and authority of the person signing the guarantee.
DIVISION F - 28
H:\2007\0000707\07AO0701 Oxrev.doc
i
DIVISION F. GENERAL CONDITIONS (Continued)
STATEMENT TO ACCOMPANY
FINAL PAYMENT
To: Contra Costa County
County Administration Building
Martinez, CA 94553
Re: Final Payment
Proj ect
Dear Sir:
The undersigned Contractor represents and agrees that the final payment includes all claims and
demands, of whatever nature, which he/she has or may have against the County of Contra Costa in
connection with the Contract to construct the project designated above, and that final payment by
;I Contra Costa County shall discharge and release it from any and all claims.
The undersigned hereby certifies that all work, labor, and materials on this project have been furnished
and purchased in full compliance with the Contract and with all applicable laws and regulations.
The undersigned hereby agrees that the final Contract sum shown below is true and correct:
Original Contract Price...................................... $
Net Change by Change Orders.......................... $
Less Forfeited Withheld Amounts..................... $
Less Liquidated Damages..................................($ )
FINAL CONTRACT PRICE ............................ $
The undersigned states that his claim for final payment is true and correct, that no part has been
theretofore paid, and that the amount therein is justly due.
I declare under penalty of perjury that the foregoing is true and correct.
Dated , at (City) , California.
DIVISION F - 29
HA\2007\0000707\07A0070IOxrev.doc
DIVISION G. SUPPLEMENTARY GENERAL CONDITIONS
The following shall modify, delete, and/or add to Division F, General Conditions. Where any
section, article, paragraph, or subparagraph in the General Conditions is supplemented by one of
the following paragraphs, the provisions of such section, article,paragraph, or subparagraph shall
remain in effect and the supplemental provisions shall be considered as added thereto. Where
any section, article,paragraph, or subparagraph in the General Conditions is amended, voided, or
superseded by and of the following paragraphs, the provisions of such section, article, paragraph,
or subparagraph not so amended, voided, or superseded shall remain in effect.
1. SECTION 22. Changes in Work. Add the following:
D. The County reserves the right to cancel any Job Order in its entirety. The County
will issue a Cancellation Notice when canceling any Job Order.
E. Should any Job Order work item be deleted, the Job Order Sum shall be reduced
by the amount in the accepted Job Order Proposal for that work item. As
necessary, the amount shall be calculated by using the appropriate item in the
CTC, multiplied by the quantity to be deleted, multiplied by the appropriate
adjustment factor.
F. If the County issues written notice of cancellation of the Work after the Work
itcommences or after Contractor has ordered acceptable materials that cannot be
�l cancelled, payment will be made to Contractor for the direct costs of the Work
actually performed.
G. If part of such Work becomes unnecessary due to actual site conditions, payment
will be made to Contractor for only the direct costs of such Work actually
performed.
H. Contractor will not be compensated for costs incurred after receipt of the County's
written notice canceling or deleting the Work item or Job Order.
I. Materials ordered by Contractor prior to the County's issuance of a notice of
deletion or cancellation, and paid for by the County, shall become the property of
the County and the County will pay for the actual cost of any further handling of
such material. If the material is returnable to the vendor, and if the County so
directs, the material shall be returned and Contractor will be paid only for the
actual charges made by the vendor for returning the material including restocking
charges.
2. SECTION 38. Small Business Enterprise
The requirements of the County's Small Business Enterprise (SBE) Program apply to
each Job Order issued by the County when the Job Order amount is at or under $50,000.
For each such Job Order, at least fifty percent (50%) of the dollar amount of the Work
must be set aside for performance by one or more SBEs. If the Job Order Contractor is
an SBE,the dollar amount of its work counts toward the SBE participation percentage.
' H:\2007\0000707\07A00701Ixrev.doc DIVISION G- 1
Under the County's SBE Program, an SBE is:
• An eligible Small Business Enterprise, as defined by the California Government
Code, Section 14837, Chapter 3.5,
o an independently owned and operated business, which is not dominant in its
field of operation;
o the principal office of which is located in California;
o the officers of which are domiciled in California, and which, together with
affiliates, has 100 or fewer employees; and
o average annual gross receipts of ten million dollars ($10,000,000) or less over
the previous three years, or
o a manufacturer with 100 or fewer employees
• Certified by the State of California Office of Small Business Certification and
Resources (OSBCR).
• Self-Certified with the Contra Costa County Departments & Affirmative Action
Office (Self Certification form attached).
Upon completion of each individual Job Order, the Contractor shall submit to the Public
Agency a completed "Verification of Performance" form (see sample form at end of
Division E) for each SBE prime contractor, subcontractor, supplier, manufacturer, or
trucker used on the Project or listed in the Contractor's Job Order Proposal. The form
shall be signed by the SBE firm identifying the item(s) of work performed and the actual
dollar amount received.
RL:tb
Attachment ✓
x:\2007\0000707\07Ao0701 Ixrev.aoc DIVISION G - 2
Contra Costa County
Self Certification Form
Small Business Enterprise and Outreach Programs
All of the non-statistical information provided in SECTION 1 will be included in the County's SBE and
Outreach Directory, which may be shared with County Departments, contractors, consultants, and others
in both electronic (internet, intranet, e-mail, facsimile) and paper formats, unless you indicate otherwise in
SECTION 5.
SECTION 1
Name of Firm(Print)
Street Address(City, State) (Zip Code)
Mailing Address(City,State) (Zip Code)
(Area Code)Phone No. (Area Code)Fax No. E-mail
Is your main office located in Contra Costa County? Yes ❑ No
Business Entity Status
Check all appropriate boxes: MBE ❑ WBE ❑ DBE ❑ SBE ❑ LBE ❑ DVBE ❑ OBE ❑
(See Pae 3 For Definitions)
For Statistical Purposes Only
Ethnicity of Owner(s): White ❑ Black ❑ Hispanic ❑ Asian ❑ American Indian/Alaskan Native ❑
SECTION 2 Complete this section to certify as a Small Business Enterprise. (See Page 3 for Definitions)
State Certified SBE: Yes No U
Certification No.:
Have your gross receipts for the past three years averaged$10 million or less Do you employ more than 100 employees together
er ear? Yes U No U with affiliates? Yes U No
Is your principal office located in California? Yes ❑ No ❑
The officers reside in California? Yes ❑ No ❑
SECTION 3 Complete this section to certify as a Minority Business Enterprise (MBE)and/or Woman Business
Enterprise(WBE) and/or Disabled Veteran Business Enterprise(DVBE) (See Page 3 for Definitions)
Check appropriate box:
Contractor❑ Special Trade Contractor❑ Trucker ❑ Manufacturer❑ Construction Supplier❑ Vendor❑
Consultant/Service Provider ❑
Are you certified with any other agencies: Yes No
If"Yes"please list: U
If you are a Contractor,are your annual gross receipts fourteen million dollars($14,000,000)or less? Yes U� No
If you are a Special Trade Contractor,are your annual gross receipts seven million dollars($7,000,000)or less? Yes U No U
If you are a Trucker/Manufacturer/Supplier/Vendor,do you meet the SBA size standard? Yes No
(For the specific SBA size standard contact the Affirmative Action Office,(925)335-1045)
Is your firm 51%owned and managed by one or more minority owners? Yes U No U
Is your firm 51%owned and managed by one or more women owners? Yes ❑ No ❑
Is your firm 51%owned and managed by one or more disabled veteran owners? Yes ❑ No ❑
Are the owners citizens or lawful permanent residents of the U.S.? Yes U No
If you are a DVBE, is your principal office located in the United States? Yes ❑ No ❑
As a DVBE,do you reside in California? Yes ❑ No ❑
Revised 09/10/04
a:SBEOutreachSelfCertification See Other Side Page 1 of 3
1
Contra Costa County
Small Business Enterprise and Outreach Programs
Self Certification Form
SECTION 4 Work Conducted By Firm(Describe what your firm does.)
Construction
Ven dor/Supplies
1� Consultand
Service Provider
SECTION 5 Acknowledgement of Publication
. The undersigned acknowledges and agrees that the non-statistical information provided in SECTION 1 may be published in the County's
SBE and Outreach Directory which may be shared with County Departments,contractors,consultants,and others in both electronic
(internet, intranet,e-mail,facsimile)and paper formats,unless exceptions are noted below.
❑ I agree to publication of all SECTION I information.
,, ❑ I do not agree to publication of the following(check all that apply):
❑ Street Address ❑ Phone Number ❑ E-mail Address
❑ Mailing Address ❑ Fax Number ❑ Business Entity Status
ECTION 6 Certification of Ownership
The undersigned is authorized to execute this Self Certification form on behalf of
Name of Firm
Street Address(City,State,Zip Code) Name(s)of Owner(s)
And swears under penalty of perjury that our firm meets the definition of MBE,WBE,DBE,SBE,LBE,DVBE,and/or OBE set forth on
page 3 of this form and that all information contained in this form is true and correct.Any material misrepresentation will be grounds
for terminating any purchase orders or contracts which may be or have been awarded.
Signed in
(City,County,State)
on ,200
By
(Print Name) (Title)
(Signature) Area Code Phone No.
Return this Self-Certification Form to: Contra Costa County
Capital Projects Management Division
1220 Morello Avenue,Suite 100
Martinez,CA 94553
*t ******.....1:....................*..For Department Use
SECTION 7 Departmental Concurrence
The undersigned department concurs in the above Self-Certification form and is satisfied that the applicant meets the requirements for self
certification as an MBE, WBE,DBE,SBE,LBE,DVBE,and/or OBE.
By
(Print Name) (Department)
(Signature of Department Head or Deputy) (Area Code) Phone No.
j Date
Revised 09/10/04
a:SBEOutreachSelfCertification See Other Side Page 2 of 3
1
Note: Thisform should be orwarded to the Affirmative Action Office within 10 days o
f f ff .ffi" .v .f its
completion.
MBE, WBE, OBE, DBE, SBE, LBE, and DVBE Definitions:
A Minority Business Enterprise (MBE) is a business entity which is at least 51% owned and whose management and daily
business operations are controlled by one or more minorities who are citizens or lawful permanent residents of the United
States and a member of a recognized ethnic or racial group. The management operations, and control must be substantial,
real, and on-going on a regular basis.
A Women Business Enterprise (WBE) is a business entity at least 51%owned and whose management and daily business
operations are controlled by one or more women who are citizens or lawful permanent residents of the United States. The
management operations, and control must be real, substantial and on-going, on a regular basis.
A Other Business Enterprise (OBE) is any business which does not otherwise qualify as a Minority or Women Business
Enterprise.
A Disadvantaged Business Enterprise (DBE) is a small business concern(pursuant to Section 3 of the Small Business Act)
owned and controlled by socially and economically disadvantaged individuals. This means that socially and economically
disadvantaged individuals must own at least 51%of the business, and they must control the management and operations of
the business. DBE criteria is used only for state or federally funded projects that require DBE goals.
rA Small Business Enterprise (SBE) is an independently owned and operated business;which is not dominant in its field of
operation; the principal office of which is located in California;the officers of which are domiciled in California; and which,
together with affiliates, has 100 or fewer employees and average annual gross receipts of ten million dollars($10,000,000) or
less over the previous three years, or is a manufacturer with 100 or fewer employees.
A Local Business Enterprise (LBE) is a business entity whose principal place of business is located within the boundaries of
Contra Costa County.
A Disabled Veteran Business Enterprise (DVBE) is a business concern certified by the administering agency as meeting all of
the following: 1) a veteran of the military, naval, or air service of the United States with a service-connected disability of at
least 10 percent, and who is also a resident of California, 2) one or more disabled veterans own 51% percent of the firm, 3)the
management and control of the daily business operations are by one or more disabled veterans, and 4) it is a sole
proprietorship corporation or partnership with its home office located in the United States and is not a subsidiary of a foreign
firm.
i
1
rRevised 09/10/04
a:SBEOutreachSelfCertification See Other Side Page 3 of 3
CONTRACTOR POST BID ASSESSMENT
POST BID ASSESSMENT
How to Complete this Post Bid Assessment
The apparent three lowest bidders must be prepared to submit the Post Bid Assessment
information package to assist the Contra Costa County General Services Department in
determining whether the bidders are "responsible." If a bidder previously passed the JOC post-
bid assessment, the County in its sole discretion, may waive the post-bid assessment
requirement, or portions thereof, for that bidder.
In order to be awarded a contract, the successful bidder must achieve a passing grade in the Post
Bid Assessment. Please:
• Read this Post Bid Assessment package carefully to make sure you understand what is
required.
• Complete the entire Post Bid Assessment.
• Do not leave any portion of a form blank; indicate N/A if not applicable.
• Provide your information on the attached forms or in the same format, and organize the
information as set forth below.
Post Bid Assessment Format
Submit one (1) original (with original signatures) and two (2) copies of the Post Bid Assessment.
Each submittal should be organized into sections as indicated:
(1) Background
(2) Eligibility
(3) Financial Capability
(4) Management Plan
(5) Job Order Contract Experience
(6) Comparable Experience
(7)Non-Comparable Experience
(8) Safety
Method and Date of Submittal
The completed Post Bid Assessment information from the apparent low bidder shall be
submitted to:
Mr. Rob Lim, P.E.,Division Manager
Contra Costa County
General Services Department
Capital Projects Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553
Statements must be received at the above address no later than May 22, 2007. Identify your
submission by including the following information on the outside of your package:
Contractor's Name:
Contract No.:
CONTRA COSTA COUNTY PAGE I OF 16 GENERAL SERVICES DEPARTMENT
H:\2007\0000707\POSTBIDASSESSMENT.DOC
CONTRACTOR POST BID ASSESSMENT .
Post Bid Assessment information from the fourth and fifth apparent low bidders shall be
submitted only upon request of Contra Costa County. Post Bid Assessments will not be
maintained or returned. Firms will not be reimbursed for any expense(s) incurred. Questions
regarding the Post Bid Assessment are to be directed to Mr. Rob Lim, 925-313-7200.
Incomplete Submissions
Incomplete and/or unsigned submissions cannot be evaluated or considered. However, if a
submission is incomplete and if it appears that the omission can be cured promptly, the person
evaluating the proposal may notify the affected firm by fax and offer the opportunity to cure the
error and/or omission and to provide what is required to complete the submission within a
prescribed time, which will not be extended. If a firm with an opportunity to respond does not do
so within the time stated, that firm may be considered non-responsible.
The Evaluation Process
Post Bid Assessment Evaluation
An Evaluation Team, comprised of qualified Contra Costa County staff and/or its consultant,
will conduct an examination of each Post Bid Assessment. The Evaluation Team will review
each Statement for compliance with the Evaluation criteria established in this document. In
order to achieve a passing score, the Contractor must pass all Pass/Fail sections of the Post
Bid Assessment and score a minimum of 70 points on all other sections combined. The Post
Bid Assessment is evaluated as follows:
Background....................................................Pass/Fail
Eligibility.......................................................Pass/Fail
Financial Capability.......................................Pass/Fail
Management Plan ............................... 40 points
Job Order Contract Experience...................... 10 points
Comparable Experience.................................20 points
Non-Comparable Experience......................... 10 points
Safety.......................................................... 20 points
100 points total
Any falsified information will result in a failing grade. Each Post Bid Assessment will be
reviewed as a whole. All information will be kept confidential.
Evaluation Notification
All contractors that submit a Post Bid Assessment will be notified in writing of their score within
15 calendar days of submission.
Appeal Process
Where a timely and completed submission results in a rating below that necessary to pass, an
appeal can be made. An appeal is begun by the Contractor delivering notice to the County of its
appeal of the decision with respect to its rating, no later than three business days after
notification of its Post Bid Assessment score. Without a timely appeal, the Contractor waives
CONTRA COSTA COUNTY PAGE 2 OF 16 GENERAL SERVICES DEPARTMENT
H:12007\0000707'POSTB IDAS SESSMENT.DOC
CONTRACTOR POST BID ASSESSMENT
any and all rights to challenge the decision of the County, whether by administrative process,
judicial process or any other legal process or proceeding.
If the Contractor gives the required notice of appeal and requests a hearing, the hearing shall be
conducted so that it is concluded no later than five business days after the County's receipt of the
notice of appeal. The hearing shall be an informal process conducted by a panel to whom the
County has delegated responsibility to hear such appeals (the "Appeals Panel"). At or prior to
the hearing, the Contractor will be advised of the basis for the County's Post Bid Assessment
determination. The Contractor will be given the opportunity to present information and present
reasons in opposition to the rating. Within one day after the conclusion of the hearing, the
Appeals Panel will render its decision.
CONTRA COSTA COUNTY PAGE 3 OF 16 GENERAL SERVICES DEPARTMENT
H:\200710000707\POSTBIDASSESSM ENT.DOC
CONTRACTOR POST BID ASSESSMENT
BACKGROUND PASS/FAIL
Company Name:
Street Address:
City/State/Zip:
County:
Telephone: Fax:
Identification of two (2) contact people within the company:
' Name Title Phone Number Email Address
Firm making this submittal:
❑ Parent Company ❑ Subsidiary ❑ Division ❑ Branch Office
Other:
Type of Company:
❑ Corporation ❑ Partnership ❑ Joint Venture ❑ Sole Proprietorship
' Other:
Year Company was established:
Name, address, and telephone number of parent company(enter N/A if not applicable):
Company Name:
Street Address:
City/State/Zip:
Telephone: Fax:
All former company names (enter N/A if not applicable):
CONTRA COSTA COUNTY PAGE 4 OF 16 GENERAL SERVICES DEPARTMENT
I-I:\2007\0000707\POSTBmASSESSM ENT.DOC
CONTRACTOR POST BID ASSESSMENT
Key Personnel: List officers, Partners and/or Owners
NAME POSITION OR TITLE IN NUMBER OF YEARS YEARS OF
THE COMPANY WITH THE COMPANY EXPERIENCE
i
Joint Venture: If this Post Bid Assessment is being presented by a Joint Venture, please indicate the
participation of each Joint Venture. If not a Joint Venture, indicate Not Applicable (N/A).
NAME OF JOINT VENTURE TYPE OF PERCENTAGE OF PERCENTAGE
PARTNER PARTICIPATION FINANCIAL OPERATIONAL
PARTICIPATION PARTICIPATION
r
Computer and Other Requirements:
Computer Requirements: (Reference Division F, General Conditions,Section 11.G.)
Requirement Meet Exceed
Pentium III Processor
RAM
Hard Drive Space
CD-ROM
Operating System
Email Address
Internet Provider
' Other Requirements:
Requirement Yes/No
Emergency Contact
Cell Phone Contact
Fax Machine
CONTRA COSTA COUNTY PAGE S OF 16 GENERAL SERVICES DEPARTMENT
H:\200710000707\POSTBIDASSESSMBNT.DOC
CONTRACTOR POST BID ASSESSMENT
ELIGIBILITY PASS/FAIL
JUDGMENTS, CLAIMS, AND LAWSUITS
Are there any judgments, claims, and/or lawsuits pending or
outstanding against or involving your company?.................................................❑ No ❑ Yes
If"Yes,"submit details of all judgments or claims against either parent office or division/branch
that will be responsible for the completion of any work that may be awarded under this
Solicitation.
' SUSPENSION OR DEBARMENT
Is your company under suspension or debarment by any Federal,state or
' local agency, or been terminated on any past projects (County or others)?......❑ No ❑ Yes
If"Yes,"submit details of all suspensions, debarments, or terminations against either parent
office or division/branch that will be responsible for the completion of any work that may be
awarded under this Solicitation.
Excessive Judgments, Claims, Lawsuits, Suspensions,or Disbarments may be grounds for
Contractor disqualification.
CONTRA COSTA COUNTY PAGE 6 OF 16 GENERAL SERVICES DEPARTMENT
H:\2007100007071POSTB IDASS ESSMENT,DOC
CONTRACTOR POST BID ASSESSMENT
' FINANCIAL CAPABILITY BILITY PASS/FAIL
' Dunn and Bradstreet Report
The contractor shall attach a copy of their Dunn and Bradstreet Report.
Financial Data
Attach a copy of the company's most recent financial statements including the Balance Sheet, Statement
of Income, Statement of Cash Flows, and any notes to the financial statements.
• Financial statements must be for the company making the submittal, not the parent company, unless
a guarantee of the subsidiary's obligations is provided.
• In addition, if the firm's last fiscal year-end precedes the due date of this submittal by more than six
(6)months, complete the Contractor's Interim Financial Data form on the next page, for the
company's most recent completed quarterly fiscal period. If the entity's most recent fiscal year-end
fell within the last six months, completion of this form (the Contractor's Interim Financial Data form) is
' not required.
• All information will be kept confidential. Evaluation Team members are required to sign a Statement
of Confidentiality and therefore cannot and will not reveal information contained in the Post Bid
Assessments.
Banking Reference
(Note: Please coordinate with your bank in advance so that the information below can be
provided within the required timeframe.)
fAttach a copy of a letter from a bank stating the following:
• How long the contractor has been with your bank.
• Average balance (in general terms).
• Extent of credit available and terms of availability.
• The bank's rating of the contractor as a customer.
• Name and telephone number and/or email address of person(s)at bank who can be contacted by
Contra Costa County evaluators.
CONTRA COSTA COUNTY PAGE 7 OF 16 GENERAL SERVICES DEPARTMENT
H:\200710000707\POSTBIDASSES SM ENT.DOC
CONTRACTOR POST BID ASSESSMENT
1 Contractor's Interim Financial Data
For the month period ending
' ASSETS LIABILITIES & NET WORTH
Current Assets Current Liabilities
Cash Notes Payable
Accounts Receivable Accounts Payable
Contracts (Completed) Accrued Expenses
Contracts In Progress) Billings In Excess Of Cost
' Other Receivables Deferred Taxes
Less:Reserve For Uncollectibles Other Current Liabilities
Notes Receivable Total Current Liabilities
Costs In Excess Of Billing Long Term Liabilities
Inventories Notes Payable
Marketable Securities Deferred Taxes
Prepaid Expenses Other L/T Liabilities
' Other Current Assets Total L/T Liabilities
Total Current Assets Net Worth
Fixed Assets Capital Stock
Land Additional Paid-In
Buildings Retained Earnings
Equipment Treasu Stock
Furniture & Fixtures Other Adjustments
Less:Accum. De rec. Total Net Worth
Other Fixed Assets
Total Fixed Assets I Total Liab+ Net Worth
Other Assets
Life Insurance(Cash Value) Earned Revenues+Income
Long Term Investments Cost Of Revenues Earned
Other Assets Gross Income
General &Admin, Expense
Net Income
Total Other Assets
Total Assets
CONTRA COSTA COUNTY PAGE 8 OF 16 GENERAL SERVICES DEPARTMENT
R:12007\0000707TPOSTII.ASSBSSMENT.DOC
' CONTRACTOR POST BID ASSESSMENT
' MANAGEMENT PLAN 40 POINTS
Management Team
Attach the following documentation:
• Company organization chart
• Description of the responsibilities and duties of each person in the organizational chart. Indicate who
will:
• Manage overall contract
' Perform joint scopes
• Prepare proposals
• Perform Outreach requirements
• Negotiate subcontracts
• Supervise work
• Resumes of key individuals
• Describe the Company's subcontracting plan
• Describe the Company's plan for meeting SBE and Outreach requirements
• Quality control/quality assurance procedures to be followed
• Record keeping requirements
• Describe the role of the home office
' CONTRA COSTA COUNTY PAGE 9 OF 16 GENERAL SERVICES DEPARTMENT
H:12001\0000101\POSTa1DASSESSMENT.DOC
CONTRACTOR POST BID ASSESSMENT
JOB ORDER CONTRACT EXPERIENCE/ INDEFINITE QUANTITY CONTRACT 10 POINTS
Definition of Job Order Contract/Indefinite Quantity Contract Experience
A contract will be considered as Job Order Contract/ Indefinite Quantity Contract experience only if it
meets all of the following criteria:
1. The contract is/was some form of Indefinite Quantity Contract/Job Order Contract including:
• Job Order Contract
• SABER
• Delivery Order Contract
• Task Order Contract
2. The contract is currently ongoing or was awarded within the last five(5)years.
3. The contract was administered through one of the following:
• Contra Costa County
' Other state or local agencies
• Other federal agencies (including military)
• Any other public entities
' 4. At least ten (10) projects were awarded under the contract.
Quantity of Indefinite Quantity Contract/Job Order Contract Experience Projects
Submit a maximum of four(4)contracts.
Evaluation of Indefinite Quantity Contract/Job Order Contract Experience
• You must provide current references (name, telephone number and address)for your comparable
contracts. If the evaluation team is unable to contact the references listed to verify experience and
performance, that contract may not be considered.
• You must list the Agency Contract Number.
Format for Indefinite Quantity Contract Experience Submissions
Provide the information for each contract on the form on the next page or in the same format.
CONTRA COSTA COUNTY PAGE 10 OF 16 GENERALV
SER ICES DEPARTMENT
H:\2007\0000101\POSTBIDASSESSMENT.DOC
CONTRACTOR POST BID ASSESSMENT
INDEFINITE QUANTITY CONTRACT/ JOB ORDER CONTRACT EXPERIENCE
General Contract Information:
Agency issuing the contract:
Agency contract number:
Contractor's office or branch that managed the contract:
Contract Terms:
Maximum contract value (e.g. $2,000,000 per year):
Number of possible extensions or option periods:
' Contract Volume:
Number of Work Orders/Job Orders awarded:
' Total dollar value awarded: $
Contract Duration:
' Contract award date:
Contract completion date:
Number of contract extensions (actual):
tDescription of Projects (number of projects completed of each type, approximate quantities installed,
and approximate dollar value, i.e. roofing, plumbing, electrical, site work, etc. Attach an additional sheet if
necessary):
Agency Representative Directly Responsible for Administration of Contract:
' Name:
' Title:
Address:
Telephone:
Email Address:
' CONTRA COSTA COUNTY PAGE 11 OF 16 GENERAL SERVICES DEPARTMENT
H:12007100007071POSTB IDASSESSM ENT.DOC
CONTRACTOR POST BID ASSESSMENT
COMPARABLE EXPERIENCE MAXIMUM 20 POINTS
Definition of Comparable Experience
A project will be considered as comparable experience only if it meets all of the following criteria:
1. The project is currently ongoing or was completed within the last five (5)years.
2. The project is located within the following States: California.
3. The construction cost is a minimum of$25,000 and a maximum of$250,000. Work Orders
awarded under Indefinite Quantity Contracts may be used as comparable experience.
4. You are the primeeg neral contractor for the project. The project may be single or multiple prime.
' 5. The project scope is Repair, Restoration, Expansion, Alteration or New Construction.
6. The building type is, or comparable to, Site Work, Educational, Hospitals, Parks, Government.
Quantity of Comparable Experience Projects
Submit a maximum of ten (10)projects.
Evaluation of Comparable Experience
• Provide information and example projects that best illustrate your company's capability, experience
and performance. You must provide all the information requested for each project. Photographs of
projects are desirable but not required.
1 • You must provide current references (name, telephone number and address)for your comparable projects. If the evaluation team is unable to contact the references listed to verify experience and
performance, that project may not be considered.
• Additional Comparable Experience may be listed under Non-Comparable Experience.
• Projects constructed for the direct use or occupancy of the company(s)submitting the Post Bid
Assessment will not be considered as a comparable project.
Format for Comparable Experience Submissions
Provide the information for each project on the form on the next page or in the same format. Number
each project. Clearly identify any additional sheets or photographs with the project name and number.
CONTRA COSTA COUNTY PAGE 12 OF 16 GENERAL SERVICES DEPARTMENT
H:\2007\0000707\POS'IIIIDASSESSMEIIT.DOC
CONTRACTOR POST BID ASSESSMENT
COMPARABLE EXPERIENCE PROJECT NO.:
Project Name:
Contractor's office or branch that managed this project:
Project Location:
Project Size (SF): Contract Completion Date:
' Building Type:
❑ Site Work ❑ Educational ❑ Health ❑ Parks ❑ County
❑ Government ❑ Other:
Contract Type:
❑ Fixed Price ❑ Design/Build ❑ Indefinite Quantity/JOC
❑ Other:
Contractual Relationship:
❑ Single Prime ❑ Multiple Prime ❑ Other:
Contract Amount: Orig. Contract Amount: $
Final Contract Amount: $ % Change:
Contract Duration: Orig. Contract Duration: Days
Final Contract Duration: Days % Change:
If either Contract Amount or Duration increased by more than 5%attach an explanation.
Has this project received any awards(Construction, Quality, Safety or other)?: ❑ No ❑ Yes
If yes, explain:
' Client Reference for Construction: (It is your responsibility to assure that the telephone number listed is
correct. If your reference can not be contacted, this project may not be considered.)
Owner's Representative or Project Manager:
Address:
Telephone: Email Address:
You must attach one additional sheet with a description of this project. Clearly indicate the scope
of work for which you were responsible.
' You may attach another sheet containing additional information and/or photographs.
CONTRA COSTA COUNTY PAGE 13 OF 16 GENERAL SERVICES DEPARTMENT
H:\2007\0000707\POSTBtDASS ESS M ENT.DOC
CONTRACTOR POST BID ASSESSMENT
' NON-COMPARABLE EXPERIENCE MAXIMUM 10 POINTS
Definition of Non-Comparable Experience
A project will be considered as non-comparable experience only if it meets all of the following criteria:
1. The project is currently ongoing or was completed within the last five (5)years.
2. The construction cost is a minimum of$25,000.
3. You were the prime general contractor for the project. The project may be single or multiple prime.
Quantity of Non-Comparable Experience Projects
' Submit a maximum often (10)projects.
Evaluation of Non-Comparable Experience
• Provide information and example projects that best illustrate your company's capability, experience
' and performance. You must provide all the information requested for each project. Photographs of
projects are desirable but not required.
• You must provide current references (name, telephone number and address)for your projects. If the
evaluation team is unable to contact the references listed to verify experience and performance, that
project may not be considered.
• Projects constructed for the direct use or occupancy of the company(s)submitting the Post Bid
Assessment will not be considered.
Format for Non-Comparable Experience Submissions
P P
' Provide the information for each project on the form on the next page or in the same format. Number
each project. Clearly identify any additional sheets or photographs with the project name and number.
Complete one form for each project
CONTRA COSTA COUNTY PAGE 14 OF 16 GENERAL SERVICES DEPARTMENT
' H:12007100007071POSTEIDASSESSMENT.DOC
CONTRACTOR POST BID ASSESSMENT
NON-COMPARABLE EXPERIENCE PROJECT NO.:
' Project Name:
Contractor's office or branch that managed this project:
Project Location:
Project Size (SF): Contract Completion Date:
' Building Type:
Contract Type:
❑ Fixed Price ❑ Design/Build ❑ Indefinite Quantity/JOC
' ❑ Other:
Contractual Relationship:
❑ Single Prime ❑ Multiple Prime ❑ Other:
' Contract Amount: Orig. Contract Amount: $
Final Contract Amount: $ % Change:
Contract Duration: Orig. Contract Duration: Days
Final Contract Duration: Days % Change:
' If either Contract Amount or Duration increased by more than 5%attach an explanation.
Has this project received any awards(Construction, Quality,Safety or other)?: ❑ No ❑ Yes
If yes, explain:
Client Reference for Construction: (It is your responsibility to assure that the telephone number listed is
correct. If your reference can not be contacted,this project may not be considered.)
Owner's Representative or Project Manager:
Address:
Telephone: Email Address:
You must attach one additional sheet with a description of this project. Clearly indicate the scope
of work for which you were responsible.
You may attach another sheet containing additional information and/or photographs.
CONTRA COSTA COUNTY PAGE I S OF 16 GENERAL SERVICES DEPARTMENT
H:12007\0000707\POSTBIDASSESSMENT.DOC
CONTRACTOR POST BID ASSESSMENT
SAFETY MAXIMUM 20 POINTS
In the case of a joint venture submission, include all information required below, for each parent company if the
' joint venture entity does not have at least a three (3)year experience base.
OSHA Form 300-Log and Summary of Occupational Injuries and Illnesses
Attach a copy of the company's OSHA Form 300 for the past two (2)calendar years.
Recent Incidence Data
Complete this chart, or attach one with the same format. Following OSHA reporting guidelines, provide incidence
data for the two (2) most recently completed projects listed under Comparable Experience.
A B C D E F G
y U) INCIDENCE INCIDENCE INCIDENCE
row af o w }� M}W RATE FOR RATE FOR RATE FOR
Q Q� p O�!=O INJURIES ILLNESSES LOST DAYS
OWz Ow? NW0XO- C oa
# E_ # R J 0000 0 O W (A)x(200,000) (8)x(200,000) (C)x(200,000)
(D) (D) (D)
PROJECT#1:
PROJECT#2:
COMPANY
TOTALS
Recent OSHA Citation and Disciplinary Action
Complete this chart, or attach one with the same format, with your company's federal and state OSHA citation
and disciplinary action, and Experience Modification Ratio (EMR)for the current and past two (2)years. If your
EMR is greater than 1.0, you must provide a written explanation.
NO. OF NO.OF NO.OF FEDERAUSTATE NO. OF
FEDERAUSTATE FEDERAUSTATE
YEAR EMR FEDERAL/STATE CITATIONS
CITATIONS RESOLVED CITATIONS
CITATIONS WITHOUT PENALTY RESOLVED WITH PENDING
PENALTY
' CURRENT:
1 YEAR AGO:
2 YEARS AGO:
The County will verify with OSHA for all safety violations
i
CONTRA COSTA COUNTY PAGE 16 OF 16 GENERAL SERVICES DEPARTMENT