JOB ORDER CONTRACT

FOR

JOB ORDER CONTRACTS

Bid # 2025JOC2026-1a, 2025JOC2026-1b and 2025JOC2026-1c

CALIFORNIA STATE UNIVERSITY

EAST BAY

Contract Conditions

California State University, East Bay Hayward, California 94542

October 2025

CSU East Bay Job Order Contract

Bid #: 2025JOC2026-1a 2025JOC2026-1b 2025JOC2026-1c

TABLE OF CONTENTS

1. NOTICE TO CONTRACTORS

2. CONTRACT GENERAL CONDITIONS

3. SUPPLEMENTARY GENERAL CONDTIONS

4. CONTRACT SPECIAL CONDITIONS

5. BID PROPOSAL FORM & SIGNATURE PAGE - SUBMIT WITH BIDDING DOCUMENTS

6. BIDDERS BOND - - SUBMIT WITH BIDDING DOCUMENTS

7. CERTIFICATE OF APPROPRIATE LICENSE & CALIFORNIA CO. - SUBMIT WITH BIDDING

DOCUMENTS

8. SMALL BUSINESS PREFERENCE & CERTIFICATION REQUEST - SUBMIT WITH BIDDING

DOCUMENTS

9. CERTIFICATION – SUBMIT WITH BIDDING DOCUMENTS

10. NONCOLLUSION AFFIDAVIT - SUBMIT WITH BIDDING DOCUMENTS

11. DVBE PARTICIPATION REQUIREMENT – SAMPLE

12. CALIFORNIA STATE PREVAILING WAGE RATES

13. SUPPLEMENTARY PREQUALIFICATION FORM AND AFFIDAVIT OF JOINT VENTURE

14. PROJECT SPECIFICATIONS

CALIFORNIA STATE UNIVERSITY, EAST BAY

NOTICE TO CONTRACTORS

EXHIBIT “A”

Bid Number:….………………….. .. #2025JOC2026-1a, 2025JOC2026-1b

Bid Opening Date: .............................................................. December 4, 2025

Bid Opening Time: .....................................................................2:00 p.m.

Request bid proposal forms from:

Procurement Services

Chris.lam-Vazquez@csueastbay.edu 510-885-7606

Submit bids in accordance with the instructions contained in the Notice to Contractors.

Date of Bid Opening: December 4, 2025, 2:00 p.m.

Project: JOB ORDER CONTRACT

Bid #: 2025JOC2026

***Bid received after 2:00 p.m. (PST) will be rejected*** mailto:Chris.lam-Vazquez@csueastbay.edu

NOTICE TO CONTRACTORS

700.04J • 01/25

BID SOLICITATION NO. 2025JOC2026-1a, 2025JOC2026-1b and 2025JOC2026-1c

2585 Carlos Bee Boulevard

Hayward, CA 94542

The Trustees of the California State University will receive sealed bid proposals at the above address, for furnishing all labor and materials for a single Job Order Contract, Bid Solicitation No. 2025JOC2026-1a, 2025JOC2026-1b and 2025JOC2026-1c, at the above-named campus.

Electronic Proposal submissions will be received by emailing a copy of the Bid Documents and required supporting documentation to Chris Lam Vazquez at chris.lam-vazquez@csueastbay.edu by 2:00 P.M. (PST) on Thursday, December 4, 2025, at which time the proposals will be publicly opened and read.

In addition to the Electronic Proposal submission, Original/Hard Copy Bid Proposal and Supporting documents must be postmarked no later than December 4, 2025, and sent to:

Trustees of California State University, East Bay Attention: Chris Lam Vazquez

Procurement Services, SA 2750 25800 Carlos Bee Blvd.

Hayward, California 94542

Original Documents must match the electronic submission. Variation in the submission may be deemed unresponsive.

This Notice to Contractors is for the award of three Job Order Contracts (JOC), which is a competitively bid, firm fixed priced, indefinite quantity contract. The Contract scope of work includes a collection of detailed repair and construction tasks and specifications that have established unit prices. It is awarded to the “Contractor” for the accomplishment of repair, alteration, modernization, maintenance, rehabilitation, demolition and construction of infrastructure, buildings, structures, or other real property. The University issues to the Contractor discrete, fixed-price task or job orders, as needed, under the contract. Under the JOC concept, the Contractor furnishes all management, documentation, labor, materials, and equipment needed to perform the work.

In general, work will consist of renovation, remodel and maintenance work, on the campus of California State University, East Bay (CSUEB).

The JOC agreements awarded under this solicitation will have a minimum total contract value of $0.00 and a maximum total contract value of $1,000,000.00. The term of the contract will be twelve (12) months, unless the maximum value of the contract is achieved prior to the completion of the contract term.

In the event that the contractor submitting the lowest responsive and responsible bid refuses to enter into a contract with the CSU if tendered, or, in the event that the contractor materially breaches the JOC contract necessitating its termination, CSU reserves the right to award a second JOC under the same solicitation, provided such award is made within 120 days of the bid opening.

Bidders will not be granted the opportunity to request a debriefing.

Each bidder offering a proposal must comply with bidding provisions of Article 02.00 et seq. in the Contract General Conditions, and should be familiar with all the provisions of the Contract General Conditions and Supplementary General Conditions.

This contract is for public works projects and is subject to prevailing wage rate laws (see Contract General Conditions, Article 04.02). All contractors and all tiers of subcontractors bidding on this project shall register to bid public works projects with the Department of Industrial Relations (DIR), and maintain current this mailto:chris.lam-vazquez@csueastbay.edu

Notice to Contractors – Job Order Contract Bid Solicitation No. 2025JOC2026-1a, 2025JOC2026-1b and 2025JOC2026-1c Page Two registration pursuant to Labor Code Section 1725.5. Please go to http://www.dir.ca.gov/Public- Works/PublicWorks.html for more information and to register.

As a condition of bidding, prospective bidders must attend a mandatory pre-bid conference. The pre-bid conference will be held at CSU East Bay, 25800 Carlos Bee Blvd., Hayward, CA 94542, in the CSU Facilities Conference Room, on Wednesday, November 12, 2025 at 10:00 A.M. for the purpose of discussing the JOC concept, documents, bid considerations and to discuss JOC from a contractor’s viewpoint. Pre-bid conference attendees should report to the address above. Prospective bidders who arrive late to the pre-bid conference will not be admitted.

The bid documents will be available after the mandatory pre-bid conference on Wednesday, November 12, 2025, on California State University – East Bay’s website and can be viewed, printed and/or downloaded.

Listed below is the bid schedule:

Description: Due Date:

Release of Request for Proposal

Tuesday, October 28, 2025

Mandatory Pre-Bid Conference (In person at

CSU East Bay)

Wednesday, November 12, 2025

From 10:00 A.M. – 11:00 A.M.

Financial Prequalification; Financial prequalification is submitted online on the

PlanetBids.com website:

https://pbsystem.planetbids.com/portal/15

331/portal-home

Tuesday, November 18, 2025, by 2:00 P.M.

(10 Business days prior to Bid Opening

Date)

Supplementary Prequalification

Tuesday, November 18, 2025, by 2:00 P.M.

Deadline for Receipt of Questions

Wednesday, November 19, 2025, by 2:00

P.M.

Answers will be sent

Friday, November 21, 2025, by 2:00 P.M.

Deadline for Receipt of Proposals

Thursday, December 4, 2025, by 2:00 P.M.

(proposal(s) received after 2:00 P.M. will be rejected)

Anticipated Notice of Intent to Award

Thursday, December 11, 2025 (approx.)

Anticipated Contract Award(s) Date

Monday, February 2, 2026 (approx.)

Small Business Preference: The Trustees shall give a small business a bid advantage of five percent to contracting firms that have been certified as a “Small Business” by the Department of General Services, Office of Small Business and DVBE Services, in accordance with Contract General Conditions (and Supplementary General Conditions) for Job Order Contracts, Article 02.10, Small Business Five Percent Bid Advantage.

http://www.dir.ca.gov/Public-Works/PublicWorks.html http://www.dir.ca.gov/Public-Works/PublicWorks.html https://urldefense.com/v3/__https:/pbsystem.planetbids.com/portal/15331/portal-home__;!!KPww_GFiJXw!IIFoCzo8kIUKG96SZFU1ceso3ULmMZTzOxHVIcjxKsSpX28CJB-e6gh9PCFvmdFC$ https://urldefense.com/v3/__https:/pbsystem.planetbids.com/portal/15331/portal-home__;!!KPww_GFiJXw!IIFoCzo8kIUKG96SZFU1ceso3ULmMZTzOxHVIcjxKsSpX28CJB-e6gh9PCFvmdFC$

Notice to Contractors – Job Order Contract Bid Solicitation No. 2025JOC2026-1a, 2025JOC2026-1b and 2025JOC2026-1c Page Two

DVBE Incentive: The Trustees REQUIRE the successful bidder to achieve a required minimum of 3% DVBE participation in each construction project under the Job Order Contract as established in the bidding documents. Additionally, the Trustees are granting a bid incentive for evaluation purposes only to bidders that exceed the three (3) percent DVBE participation requirement. The level of DVBE incentive will correlate to the level of participation; that is, the more DVBE participation proposed, the higher the incentive. The bid incentives are as follows:

DVBE Participation Incentive

3.00% to 3.99% None

4.00% to 4.99% 1%

5.00% to 5.99% 2%

6.00% or more 3%

The DVBE incentive may not exceed $50,000 when used in combination with the Small Business Preference;

the cumulative adjustment amount shall not exceed $100,000. If the lowest responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small businesses.

Each bidder offering a proposal must comply with all provisions of the Contract General Conditions for Job Order Contracts (note Article 2.00 et. seq), Supplementary General Conditions to Contract General Conditions for Job Order Contracts, and Special Conditions for Job Order Contracts. Bidders should familiarize themselves with all the provisions, especially:

• Article 02.02 of the Contract General Conditions for Job Order Contracts, regarding the necessity to prequalify with the Trustees, paying special attention to the prequalification requirements;

• Article 02.05-III of the Contract General Conditions for Job Order Contracts, regarding the necessity to provide Bid Security in the amount of $25,000 in the payment forms specified, and the successful bidder will be required to provide Performance and Payment Bonds equal to 100% of the maximum contract amount; and

• Article 04.02 of the Contract General Conditions for Job Order Contracts regarding the payment of prevailing wage rates.

Bidders must be prequalified with the Trustees. Bidders shall register and log in to “PlanetBids” to apply for financial prequalification and JOC supplemental prequalification at https://pbsystem.planetbids.com/portal/15331/portal-home. Both prequalification applications are due no less than 10 business days prior to the bid due date.

A project specific approval letter is required to obtain the required approval to bid for Job Order Contract, Bid Solicitation No. 2025JOC2026-1a, 2025JOC2026-1b and 2025JOC2026-1c. Contractors shall email the Notice to Contractors to the Prequalification Administrator at cocm.prequal@calstate.edu. The project specific approval will be issued upon confirmation the contractor satisfies all the requirements for this solicitation and their systemwide prequalification financial aggregate rating is sufficient to propose.

It will be the responsibility of each bidder to obtain a Bid Proposal Form in sufficient time to fulfill requirements therein. The Bid Proposal Form is obtainable only by prequalified contractors, licensed in the State of California with a “B” General Contracting license, and registered with the DIR to bid public works projects. Evidence of prequalification must be submitted to the following office prior to receiving a Bid Proposal Form. The Bid Proposal Form must be requested from the University, located at 25800 Carlos Bee Blvd., Hayward, CA 94542, Chris Lam Vazquez, 510-885-7606; Chris.Lam-Vazquez@csueastbay.edu. Contractors may contact this person for additional information.

-End of Notice to Contractors-https://pbsystem.planetbids.com/portal/15331/portal-home mailto:cocm.prequal@calstate.edu mailto:Chris.Lam-Vazquez@csueastbay.edu

CONTRACT GENERAL CONDITIONS

EXHIBIT “B”

Bid Number: …………….……… .. # 2025JOC2026-1a, 2025JOC2026-1b

Bid Opening Date: .............................................................. December 4, 2025

Bid Opening Time: ..............................................................2:00 PM PST

Request bid proposal forms from:

Procurement Services

Chris.lam-Vazquez@csueastbay.edu 510-885-7606

Submit bids in accordance with the instructions contained in the Notice to Contractors.

Date of Bid Opening: December 4, 2025, 2:00 PM PST

Project: JOB ORDER CONTRACT

Bid #: 2025JOC2026

***Bid received after 2:00 p.m. (PST) will be rejected*** mailto:Chris.lam-Vazquez@csueastbay.edu

CONTRACT

GENERAL CONDITIONS

FOR

JOB ORDER CONTRACTS

THE CALIFORNIA STATE UNIVERSITY

Prepared by:

OFFICE OF THE CHANCELLOR

CAPITAL PLANNING, DESIGN AND CONSTRUCTION

(www.calstate.edu/cpdc)

Revised March 2025 http://www.calstate.edu/cpdc)

Contract General Conditions for Job Order Contracts Revisions, March 2025 Revisions from Previous Version of General Conditions in Content

Highlighted in Yellow

Article No. Revision Description

04.08 Requirement and language added for contractor to submit a copy of their Injury Illness Prevention Program (IIPP) prior to starting any work on campus.

02.12 Requirement and language added for Experience Modification Rate (EMR) bidding thresholds and continued compliance.

02.04 IV and VI Language added for Office of Fire Safety and codes to follow if the JOC includes incidental engineering and architectural services.

4.01 IV Building Codes elaborated for clarity.

0.5.05 A Requirement and language added for contractor to provide a project specific organizational chart.

04.03 VIII Global Warming Potential Limits & Environmental Product Declarations, (EPDs).

04.03 VII-section added to address environmental product declaration and/or life cycle analysis requirements per Title 24 Part 11 (CALGreen) and the Buy Clean California Act (BCCA) / Public Contract Code 3500-3505. Specific materials and acceptable Global Warming Potential (GWP) limits revised as well.

04.06B 1 Environmental Impairment Liability Insurance changed to “Contractor’s Pollution Liability”

04.06 III B Insurance Provision added.

04.06 IV B New Table and language were added for Projects Involving Hazardous Materials

04.06 IV A1 Values increased in the Comprehensive or Commercial Form General Liability Insurance – Limits of Liability

4.08 B Language added for Peer Reviews, should the Contractor be responsible for any Incidental Engineering and Architectural Services required in connection with a particular Job Order, as defined in section 2.04.

02.02 III Language changes for supplemental prequalification process.

Table of Contents

(Sections are clickable)

01.00 DEFINITIONS

02.00 BIDDING

02.01 License and Public Works Registration

02.02 Prequalification

02.03 Necessity for Careful Examination of Site and Contract Documents

02.04 Bidding Information

02.05 Bidding Documents

02.06 Bid Proposals

02.07 Competitive Bidding

02.08 Mistake in Bid

02.09 Failure to be a Responsible Bidder

02.10 Small Business Enterprise (SBE) Preference – Five Percent Bid Advantage

02.11 Disabled Veteran Business Enterprise Participation Requirement

02.12 Experience Modification Rate Requirement……………………………………………………………………………………………………………… 14

03.00 AWARD AND EXECUTION OF CONTRACT

03.01 Award of Contract

03.02 JOC Contractor Agreement Notice to Proceed and Contract Period

03.03 Return of Bidder’s Security

03.04 Contract Bonds

03.05 Execution of Contract

03.06 Failure or Refusal to Execute Contract

04.00 CONDUCT OF THE WORK

04.01 Laws to be Observed - Generally

04.02 Laws to be Observed - Regarding Labor

04.03 Environmental Requirements

04.04 Substitution of Subcontractors

04.05 Delegation of Performance and Assignment of Money Earned

04.06 Insurance Requirements

04.07 Indemnification

04.08 Contractor’s Responsibility for the Work

04.09 Payments by Contractor

04.10 Responsibility to Secure and Pay for Permits, Licenses, Utility Connections, Etc

04.11 Patented or Copyrighted Materials

04.12 Property Rights in Materials and Equipment

04.13 Taxes

04.14 Contract Time

04.15 Labor Force and Superintendent

04.16 Subsurface or Site Conditions Found Different

04.17 Verifying Dimensions

04.18 Meetings

04.19 Contractor’s Relationship to Subcontractors

04.20 Character of Workers

04.21 Limitation of Construction Operations

04.22 Coordination with Other Work

04.23 Drawings Reflecting Actual Construction

04.24 Cleanup of Project and Site

04.25 Access to Work

04.26 Notice for Testing

04.27 Re-Examination of Work

04.28 Inspection of Work

04.29 Testing

04.30 Acceptance of Work

05.00 SCOPE AND PROCEDURE FOR JOB ORDER WORK

05.01 Pre-Construction Conference

05.02 General Scope of Work

05.03 Description of Work

05.04 Procedure for Initiating Job Order

05.05 Preparation of the Proposal

05.06 Review of the Job Order Price Proposal and Issuance of Job Order

05.07 Computer and Communications Equipment Requirements

05.08 Required Training

05.09 Job Order Contracting Software

05.10 Contractor’s Detailed Schedule of Work

05.11 Stop Work Order

06.00 INTERPRETATION OF AND ADHERENCE TO CONTRACT REQUIREMENTS

06.01 Interpretation of Contract Requirements

06.02 Issuance of Interpretations, Clarifications, Additional Instructions

06.03 Product and Reference Standards

06.04 Shop Drawings, Samples, Alternatives or Equals, Substitutions

06.05 Quality of Materials, Articles and Equipment

06.06 Testing Materials, Articles, Equipment and Work

06.07 Rejection

06.08 Responsibility of Quality

06.09 Accident Prevention

06.10 Protection of Work and Property

06.11 Construction Site Emergency

06.12 Failure to Comply with Provisions of Articles 06.09 - 06.11

06.13 Non-Performance Conditions

07.00 CHANGES IN THE WORK

07.01 Supplemental Job Orders

07.02 Emergency Changes

07.03 Time Extensions, Net Credit Changes, or Minor Additive Changes

08.00 CLAIMS AND DAMAGES

08.01 Claims

08.02 Delay in Completion - Liquidated Damages

08.03 Failure to Meet Terms of Contract

08.04 Third-Party Claims

08.05 Termination for Cause

09.00 PAYMENT AND COMPLETION

09.01 Acceptance

09.02 Partial Payments

09.03 Stop Payment Notices

09.04 Payment

09.05 Guarantee

09.06 Contractor Evaluation

10.00 MISCELLANEOUS

10.01 Governing Law

10.02 Successors and Assigns

10.03 Rights and Remedies

10.04 Waiver

10.05 Survival

10.06 Complete Agreement

10.07 Severability of Provisions

10.08 Notices

10.09 Counterparts

10.10 Failure of Contractor……………………………………………………………………………………………………………………………………………………. 59

CONTRACT GENERAL CONDITIONS FOR JOB ORDER CONTRACTS

CPDC VERSION MARCH 2025

01.00 DEFINITIONS

Acceptance – When the Project is complete in all respects in accordance with the Plans and Specifications, and the Contract has been otherwise fully performed by the Contractor, to the full satisfaction of the Trustees, the Trustees will accept the Project as complete.

Addendum - A document issued by the University during the bidding period that modifies or supersedes portions of the Contract Documents.

Adjustment Factor - The Contractor’s competitively bid price adjustment to the unit prices as published in the Construction Task Catalog. Contractors must bid three Adjustment Factors, one for Work to be accomplished during Normal Working Hours, one for Work to be performed during Other Than Normal Working hours and one for Work to be performed during Premium Working Hours. All Adjustment Factors are expressed as an increase or decrease from the published prices.

Agreement – A form executed by both the Contractor and the Trustees, which provides the Work will be done in accordance with the Contract Documents, as approved and on file with the Trustees and as incorporated into the Contract Documents by reference.

Architect - The person or organization, including the authorized representative thereof, commissioned by the University for the design of the Project. For projects on which an engineer or landscape architect is commissioned instead of an architect, the term ‘Architect’ shall mean the design professional so commissioned for the Project (if any).

Bid Date - The Day on which bid proposals for the Contract are opened.

Bidder - Any individual or business entity acting directly or through an authorized representative that submits a proposal for the Work.

Business Day – Calendar Day excluding Saturdays, Sundays, national holidays or state holidays; same as Working Day.

Building Official - Trustees-appointed, the senior building official for the California State University (the Chief of Architecture and Engineering) is responsible for the overall administration and operational control of the building code. (reference Campus Deputy Building Official).

Business Day - Calendar day excluding Saturdays, Sundays, national holidays and state holidays; same as Working Day.

Campus - The California State University campus on which the Project is located.

Campus Deputy Building Official - A campus-appointed individual responsible for campus-specific building code administrative and operational control. This individual acts as a deputy under the authority of the Building Official.

Change Order – See Supplemental Job Order.

Capital Planning, Design and Construction (CPDC) - A department within Business and Finance, a division in the Office of the Chancellor of The California State University, responsible for all major capital outlay projects.

Construction Administrator - The person delegated by the University to manage the construction phase of a Job Order.

Construction Inspector - The inspector on the Project Site who receives administrative direction from the University.

CPDC VERSION MARCH 2025

Construction Task Catalog - A comprehensive listing of specific construction related tasks together with a specific unit of measurement and a unit price.

Contract - The Contract Documents which collectively represent the entire agreement between the University and the Contractor, and which supersede any prior negotiations, representations, or agreements either written or oral.

Contract Award Figure - The price as determined on the Contract award worksheet provided in the bid form.

Contract Documents - The Bid Proposal Form, Notice to Contractors, the Construction Task Catalog, Technical Specifications, Addenda, Agreement, Bonds, Contract General Conditions, Supplementary General Conditions, Special Conditions, Job Orders, Supplemental Job Orders, and any other documents designated by the Trustees.

Contractor - The individual, firm, or corporation, its successors and assigns, that enters into this Agreement with the Trustees.

Day – Unless otherwise indicated herein, Day is a Calendar Day.

Detailed Scope of Work - The complete description of services to be provided by the Contractor pursuant to an individual Job Order. The scope of Work may include a narrative description of the Work, partial design documents, or full design documents, depending on the complexity of the specific Project.

Directed - ‘Directed,’ ‘required,’ ‘permitted,’ ‘ordered,’ ‘designated,’ ‘selected,’ ‘prescribed’ or words of like import used in the specifications or in the Contract Documents to mean respectively the direction, requirement, permission, order, designation, selection or prescription of the Construction Administrator, and similarly the words ‘approved,’ ‘acceptable,’ ‘satisfactory,’ ‘equal,’ ‘necessary’ or words of like import to mean respectively, approved by, or acceptable or satisfactory to, or equal, or necessary in the opinion of the Construction Administrator.

Environmental Requirements - Means all applicable federal, state, and local laws, ordinances, rules, regulations, and executive orders pertaining to environmental compliance requirements.

Executive Facilities Officer – University official who oversees the capital outlay process.

Field Instruction - A written communication from the Trustees to the Contractor, signed by the Construction Administrator.

Final Completion of the Job Order - The last date on which all of the following events have occurred: the University has determined that all punch list Work and any other remaining Work has been completed in accordance with the Contract Documents; final inspections have been completed and all operation systems and equipment testing have been completed; certificates of occupancy (if any) have been issued; all deliverables have been provided to the University and all contractual requirements for final payment have been completed.

Hazardous Materials - Asbestos and asbestos-containing materials, polychlorinated biphenyl (PCB), oil or any other petroleum products, natural gas, source material, special nuclear materials, and by-product materials regulated under the Atomic Energy Act (42 U.S.C. Sec 2011 et seq.), pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Sec 136, et seq.) and any hazardous waste, ‘toxic substance’ (or comparable term) in the Comprehensive Environment Responsibility, Compensation and Liability Act (42 U.S.C. Sec 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Sec 6901, et seq.), the Toxic Substance Control Act (15 U.S.C. Sec 2601, et seq.) and any rules or regulations promulgated pursuant to such statutes or any other applicable Federal or State statute, rule, or regulation or local law, ordinance, rule, or regulation, as amended in each case.

Job Order - A document that describes the Work to be accomplished under this Contract. The University will be responsible for the development of the Job Order as well as the supervision and acceptance of the Work contained within the Job Order description. The University will review the Contractor’s Job Order Price Proposal for each Job Order requested and, if acceptable, shall issue a Job Order for the Work described therein. Each Job Order will include a Detailed Scope of Work, a lump sum, a firm fixed Job Order Price Proposal from the Contractor, 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.

CPDC VERSION MARCH 2025

Job Order Completion Time – The period, set out in Calendar Days, established in the Job Order within which the Work must be completed. The Job Order Completion Time may be adjusted by time extensions through Supplemental Job Orders.

Job Order Contract - A firm, fixed price, competitively bid, indefinite quantity type Contract designed to accomplish small to medium, multi-traded maintenance, repair and minor new construction projects.

Job Order Contractor - See ‘Contractor.’

Job Order Price – The amount a Contractor will be paid for completing a Job Order.

Job Order Price Proposal – A price proposal prepared by the Contractor that includes the Pre-Priced Task Non Pre-priced Tasks, quantities and appropriate Adjustment Factors required to complete the Detailed Scope of Work. See ‘Proposal.’

Joint Scope Meeting – A Site meeting to discuss the work before the Detailed Scope of Work is finalized.

Materials - All material of any kind, nature and class as may be specified which becomes part of or is used in the performance of the Work together with all manufactured or prepared materials, articles, accessories, appurtenances and parts used therein or placed thereon.

Maximum Contract Amount - The maximum dollar value of Work that can be ordered during the base term of the Contract. This Maximum Contract Amount may be increased by mutual agreement to an amount not greater than $3,000,000. Refer to the Special Conditions.

Minimum Contract Amount - The minimum dollar value of Work that will be ordered under this Contract during the base term of the Contract. Refer to the Special Conditions.

Non Pre-Priced Tasks - Those units of Work that are not included in the Construction Task Catalog but are within the general scope and intent of this Contract and may be negotiated into the Contract as needs arise.

Such Work requirements as shall be incorporated into and made a part of this Contract for the Job Order to which they pertain, and may be incorporated into the Construction Task Catalog, if determined appropriated by the University, at the base price determined in this Contract. Non-pre-priced tasks shall be separately identified and submitted in the Job Order Price Proposal.

Normal Working Hours - A work shift of eight (8) hours per day and 40 hours per week, Mondays through Fridays. Exact applicable hours are defined in the Special Conditions of this Contract.

Notice to Proceed - Written notification from the University identifying the beginning and ending date of the Job Order Contract. In reference to a Job Order issued under the Job Order Contract, it is written authorization from the University for the Contractor to commence a Job Order that also specifies start and completion dates for that Job Order.

Other Contractor - Any individual, firm or corporation (other than the Contractor) having a Contract with the University for Work at or near the Project Site.

Other Than Normal Working Hours - A Work shift of eight (8) hours per Day and 40 hours per week, Mondays through Saturdays. The exact applicable hours are defined in the Special Conditions of this Contract.

Owner - The Trustees of the California State University.

Plans - The scope of Work including task descriptions in the Construction Task Catalog, drawings, sketches, illustrations, specifications or other pertinent information included on or attached to the Job Order.

Premium Working Hours - All working hours not designated by the University as Normal or Other Than Normal working hours. Premium working hours will include overtime, Sundays and holidays. The exact applicable hours are defined in the Special Conditions of this Contract.

Prevailing Wages - The general prevailing rate of wages identified by the Director of the Department of Industrial Relations of the State of California pursuant to section 1770 of the Labor Code.

CPDC VERSION MARCH 2025

Pre-Priced Task - A unit of Work included within the Construction Task Catalog for which a unit price has been established.

Project - Collectively, the improvements to be constructed by the Contractor pursuant to a discrete, fixed-price Job Order.

Project Completion Time - The period allotted for the Contractor to achieve final completion of Job Order.

Project Limit Lines - The geographical boundaries of a Project, as more fully identified and described in the Job Order.

Project Record Documents - All documents the Contract requires the Contractor to provide to the University, including but not limited to shop drawings, as-built documents, parts manuals, operation and maintenance manuals, blue line drawings, Project manuals and specifications.

Project Site - The area where the Work will be performed.

Proposal - The Contractor-prepared document including a lump sum, firm fixed price and schedule for the completion of a Detailed Scope of Work as requested by the University. The proposal shall also contain, when appropriate, approved drawings, permits, or other such documentation as the University may require for the Job Order.

Punch List Work - A list of items that have not been completed in accordance with the Contract Documents.

Request for Job Order Price Proposal - The University’s invitation for a Proposal for a specific Job Order, hereafter, Request for Proposal’ or ‘RFP.’

Sample Forms – Many of the forms referenced herein, are available on the CPDC website.

Site - The area specified in the specific, discrete Job Order made available for the Job Order Contractor’s operation.

State - The State of California.

Stop Work Order - The suspension of the Work as set forth in Article 05.11.

Standard Specifications - A body of documents, maintained by the University, containing instructions and requirements prepared by an Architect which complement the individual Job Order scopes of Work and describe the manner of performing the Work or the quantities, qualities and types of materials to be furnished.

Subcontractor - Any person or firm, other than the employees of the Contractor, who contracts with the Contractor or another subcontractor to furnish labor, or labor and materials, at the Work Site or in connection with the Project with appropriate license for the Work to be accomplished.

Superintendent - The representative of the Contractor at the construction Site, who is authorized to receive instructions from the University, and who is authorized to direct the performance of the Work on behalf of the Contractor.

Supplemental Job Order - A written agreement entered after the award 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 involving extensions of time, adjustment for net credits, and minor additive changes are also accomplished by issuance of a Supplemental Job Order to the original Job Order.

Supplier or Vendor - Any person or business entity that contracts with the Contractor to provide materials or equipment.

Trustees – The Board of Trustees of The California State University and their authorized representatives who act on behalf of the Trustees. See also the Executive Facilities Officer and Construction Administrator.

University - The California State University upon which the Work is located and the University President and other University officers and employees acting within the scope of their duties.

Unit Price - The price published in the Construction Task Catalog for a specific construction or construction

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related task. The unit prices are fixed for the duration of the Contract. Each unit price is comprised of the labor, equipment and material costs to accomplish that specific task.

Work – That which is proposed to be constructed or done under the Job Order, including the furnishing of all labor, materials, equipment and other incidentals.

Working Day – Calendar Day excluding Saturdays, Sundays, national holidays or state holidays; same as Business Day.

02.00 BIDDING

02.01 License and Public Works Registration

I. License.

No Bidder may bid on Work for which it is not properly licensed. The Trustees shall disregard any bid received from a bidder who is not properly licensed (Business and Professions Code, section 7028.15). A Contract shall not be awarded to a Bidder who does not possess the appropriate contractor’s license, which is that specified in the Notice to Contractors. Bidders participating in a joint venture must individually possess a current license when submitting the joint venture bid, and the joint venture must possess a joint venture license at the time of award (Public Contract Code section 3300).

II. Public Works Registration with Department of Industrial Relations.

The Trustees will only issue public works bids and award public works contracts to currently registered contractors and subcontractors on the Trustees’ public works projects. All bidders and subcontractors of all tiers must register to bid public works projects with the Department of Industrial Relations (DIR) and obtain and maintain current registration numbers (Labor Code section 1725.5). Note: DIR will assess a penalty on any public works contractor who allows its registration to lapse. DIR will also assess a penalty on any contractor who subcontracts to any contractor who is not registered with the DIR for each day the subcontractor is not registered. For more information review the DIR public works registration requirements at https://www.dir.ca.gov/Public-Works/PublicWorks.html.

The following applies to this Contract:

A. A contractor won’t be in violation for working on a private Project that is later determined to be public work;

B. The contractor shall check the public works registration for all subcontractors that it proposes to list to ensure that each subcontractor is registered to bid public works projects with the DIR;

C. An unregistered contractor or subcontractor can be replaced with one who is registered;

D. A contract with an unregistered contractor or subcontractor is subject to cancellation but is not void as to past work.

02.02 Prequalification

I. Prequalification Rating.

The Trustees shall issue proposal packages only to Bidders who have prequalified with the Trustees (Public Contract Code section 10764). To prequalify, all bidders must file their prequalification applications online, and the application includes bidders’ responses to a standard questionnaire, a statement of financial condition, and previous experience in performing public works, all in accordance with the instructions contained in the Notice to Contractors.

Bidders shall go to CPDC’s website: http://www.calstate.edu/contractor-prequalification under ‘Contractor Prequalification’ and login in to the database using the link provided (PlanetBids). Bidders shall verify the information contained in the prequalification application under oath and submit the completed prequalification application online at least ten (10) Business Days prior to the date for opening bids. The Trustees’ Prequalification Administrator must approve Bidders not less than one (1) Business Day prior to the date set for opening bids.

The Trustees’ Prequalification Administrator will review the Bidder’s statement of experience and financial condition upon receipt of a complete application, check Bidder’s references, and notify the Bidder of the rating established based on the information contained in the application. The Bidder’s assigned prequalification rating will be the maximum amount of a contract or contracts that the Bidder may undertake with the Trustees. Bidder may request an increase in rating from the Prequalification Administrator. The request shall be in writing and http://www.dir.ca.gov/Public-Works/PublicWorks.html http://www.calstate.edu/contractor-prequalification https://www.planetbids.com/portal/portal.cfm?CompanyID=15331

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specify the reason(s) for increase. The Trustees’ Prequalification Administrator will review Bidder’s request, check new references submitted and notify Bidder of the resulting decision. The Prequalification Administrator’s decision is final.

The Trustees shall disregard any bid received either from a Bidder that is not currently prequalified, or from a Bidder that is prequalified, but the rating is not high enough to accommodate its bid. Although this prequalification permits participation in the bidding of the project, it does not mean that the Bidder satisfies the requirements of being a “responsible” Bidder. This determination occurs later in the process (reference Article 02.09, Failure to be a Responsible Bidder).

II. Joint Ventures.

If two or more prospective Bidders desire to bid as a joint venture on a single project, they must file an affidavit of joint venture form 703.12 with the Trustees at least five (5) Days prior to the date and time set for opening bids on a form obtained from the Trustees. The affidavit of joint venture is valid only for the specific project for which it is filed. Each party to the joint venture must be prequalified, as provided herein, at least one (1) Business Day before the time set for opening bids.

If the Trustees announce that the joint venture is the successful bidder, the joint venture shall, prior to the Trustees’ award of the Contract:

A. obtain the joint venture license (Business and Professions Code sections 7029 and 7029.1), and B. register the joint venture with the Department of Industrial Relations.

III. Supplementary Prequalification.

In addition to the prequalification requirements in Article 02.02, above, the Trustees require a supplementary prequalification of the general contractors bidding on this Contract. Bidders must complete and submit the supplementary prequalification application via PlanetBids at least ten (10) business days before the bid opening. The application must be approved at least one (1) business day prior to the bid opening date.

Bidders will be notified of their status in writing, and the decision of the Trustees’ Prequalification Administrator shall be final.

02.03 Necessity for Careful Examination of Site and Contract Documents Prospective bidders should visit the University campus for which this Job Order Contract is applicable to familiarize themselves with the general state of the facilities, any special conditions that they may encounter (such as possible isolated locales), or typical weather conditions that may affect Work during certain seasons.

Some campuses are not located near large metropolitan areas; hence, the availability of subcontractors may be a bidding concern.

Generally, prospective bidders shall examine the Contract Documents carefully and, before bidding, shall make a written request to the University for clarification of any ambiguity, or correction of any inconsistency or error in the documents. Requests for such clarification must be received at least ten (10) Days before the date fixed for the opening of the bid.

Only the University official, as identified in the Notice to Contractors, is authorized to answer questions or prepare addenda relative to the Project. Information obtained verbally from any source has no contractual authority, may not be relied upon, and shall have no standing in any event that may occur.

02.04 Bidding Information

I. Preparation of Bids

A. Bids must be submitted on the forms supplied by the University. Bids shall be enclosed in a sealed envelope, addressed to the University and marked with the name and address of the bidder, the bid opening date and time, and the description of the Contract. All blank spaces must be filled in, using figures.

Conditional bids will be rejected. Bids shall not contain any recapitulation of the Work to be done. No oral, telegraphic or telephonic bids or modifications will be considered.

B. Bids that are illegible or that contain omissions, alterations, additions or items not called for in the bidding documents may be rejected as non-responsive. Any bid that modifies, limits, or restricts all or any part of such bid, other than as expressly provided for in the Contract Documents, will be rejected as non-responsive.

C. The University may reject as non-responsive any bid not prepared and submitted in accordance with the provisions of the Contract Documents.

https://www2.calstate.edu/csu-system/doing-business-with-the-csu/capital-planning-design-construction/Documents/pq_affidavit_of_joint_venture.pdf

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D. Any bid received after the scheduled closing time for receipt of bids shall not be considered and will be returned to the bidder unopened (Public Contract Code section 10766).

II. Pre-Bid Conferences.

University is required to conduct a pre-bid conference or post a recorded pre-bid presentation online. Bidders are encouraged to attend or review one (1) pre-bid conference every bid, regardless of previous bids or experience with Job Order Contracting. Bidders may attend a second pre-bid conference if so desired at the discretion of the University. The pre-bid conferences will be held at times and dates or be posted online at the dates described in the Notice to Contractors and Special Conditions issued by the University. The purpose of the first pre-bid conference is to discuss the concept, documents and bid considerations. The purpose of the second pre-bid conference is to answer questions and discuss Job Order contracting from a Contractor’s viewpoint.

III. Description of the Job Order Contract Agreement A. This solicitation is for the award of a Job Order Contract. A Job Order Contract is a competitively bid, indefinite quantity contract. It includes a collection of detailed repair and construction tasks and specifications that have established unit prices. It is awarded to a Contractor for the accomplishment of repair, alteration, modernization, maintenance, rehabilitation, and construction of infrastructure, buildings, structures, or other real property. The University issues discrete fixed price Job Orders under the Contract to accomplish the Work.

B. Minimum and Maximum Contract Amounts

1. The Minimum Contract Amount is the amount stated by the University in the Special Conditions of the Contract. The Contractor is guaranteed to be offered Work valued not less than the minimum amount so stated in the Special Conditions during the base Contract period.

2. The Maximum Contract Amount is the amount stated by the University in the Special Conditions of the Contract. The Contractor will not be issued Job Orders exceeding the Maximum Contract Amount during any Contract period. However, the Contractor is not guaranteed to receive this volume of Work.

The University has no obligation to issue Job Orders exceeding the Minimum Contract Amount.

3. The Maximum Contract Amount may be increased by mutual agreement to an amount not greater than $3,000,000. Refer to Special Conditions.

C. Contract Term.

The term of the Contract is one year, as specified in the Contract Notice to Proceed, or when an amount equal to the Maximum Contract Amount has been ordered, whichever occurs first. Please see section 03.02 JOC Contractor Agreement Notice to Proceed for more information.

D. Adjustment Factors.

There are four Adjustment Factors for the Contract, as listed below. When preparing a proposal for an individual Job Order, the Contractor shall select the appropriate Adjustment Factor for each task.

1. Normal Working Hours,

2. Other Than Normal Working Hours,

3. Premium Working Hours as defined and qualified in the Special Conditions, and

4. Non Pre-priced Tasks as defined in Article 05.05.

Each Adjustment Factor is independent of the other. Bidder shall not specify Adjustment Factors for Other Than Normal Working Hours and Premium Working Hours that are less than the specified Adjustment Factor for Normal Working Hours.

E. Work to Be Performed

1. The Contractor shall perform the Work described in the Detailed Scope of Work referenced in each Job

Order. The University shall have the right to require the Contractor to perform Work at any location within the campus at the Adjustment Factors set forth herein.

2. The price of each Job Order shall be:

a. the sum of the following calculation for each pre-priced task: the unit price multiplied by the quantity of units, multiplied by the appropriate Adjustment Factor; plus

b. the total of all Non Pre-priced Tasks.

IV. Filings and Permits.

The contractor shall make the necessary arrangements for and obtain all filings and permits, including

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payment therefore, if any are required for the Work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the City, State or some other governmental or regulatory agency, (to include the Office of Fire Safety), then the amount of such fee paid by the Contractor for which a receipt is obtained shall be treated as a Reimbursable Task to be paid without mark-up. The University will not reimburse the Contractor the cost of expediting services or equipment use fees, unless approved by the University in advance. The contractor is responsible, per project related costs as an overhead expense (and not reimbursable), for any labor and/or travel associated with procuring permits.

V. Final Approvals.

The Contractor shall obtain all final approvals for the Work, in the form of such certificates that are required by all governmental agencies having jurisdiction over the Work. Contractor is responsible, per project related costs as an overhead expense (and not reimbursable), for the labor associated with the creation and submittal of all compliance and commissioning documents.

VI. Incidental Engineering and Architectural Services.

The Contractor shall provide incidental engineering, architectural and consultant services required in connection with a particular Job Order including drawings required for filing with appropriate agencies (including hazardous materials, if necessary). Any associated cost is considered a construction-related cost and shall be covered by the Adjustment Factor.

A. Codes.

The Construction Documents and resulting construction shall comply with all laws, ordinances, rules and regulations of the state of California, including:

1. The California Building Standards Code (CBC), in Title 24 of the California Code of Regulations, as adopted and published by the California Building Standards Commission.

2. Compliance with the Department of State Architect, Access Compliance Unit’s accessibility regulations in the California Code of Regulations Title 24 (Parts 2 and 3); 2010 federal ADA standards for accessible design; standards for state and local government facilities – Title II (where more restrictive than CBC).

3. Compliance with the Office of Fire Safety (OFS), fire and life safety regulations, including the most recent editions of NFPA, ASTM, and other referenced standards.

4. Compliance with the California State University Seismic Review Board seismic project peer review comments.

5. Other agencies (as may apply) elevators and escalators, Division of Occupational Safety & Health (DOSH), county health department (food and aquatics).

6. Codes and specifications incorporated by reference shall be those of the latest edition at the time of receiving proposals, unless otherwise specified.

02.05 Bidding Documents

The Trustees will identify in the Project advertisement and in the Notice to Contractors if the project is a paper submittal bid, or an electronic, online bid. The following are forms that Bidder shall tender with its bid in either case:

I. Bid Proposal Package.

Following a request from a prequalified Bidder, the University will furnish a bid proposal package which, when filled out and executed by Bidder, may be submitted as a bid. Bids not presented using the furnished bid proposal package shall be disregarded (Public Contract Code section 10764). The bid proposal package is not transferable to another bidder and must be submitted in the same name as is used on the bidder’s license and prequalification.

The University’s bid proposal package contains a standard proposal form that shall be used for bidder’s proposal.