DWMR_JOCs_213_214_215_Contract_Document_(6.24.22).pdf

[Revised April 29, 2021]

COUNTY OF SACRAMENTO

ADMINISTRATIVE SERVICES

CONTRACT

SPECIFICATIONS FOR

JOB ORDER CONTRACTS

FOR DEPARTMENT OF

WASTE MANAGEMENT & RECYCLING

WMR JOCs 213 214 215

CONTRACT NO. 65137

General A, B

JUNE 2022

NOTE: The County of Sacramento Standard Construction Specifications dated September 2001, revised March 2004, January 2008, January 1, 2016, January 1, 2017 and February 1, 2017 are hereby made a part of these Specifications. A copy of the Standard Construction Specifications may be downloaded from the County website at www.saccountyspecs.net.

CAFM LOG NO. 6324

JEFFREY A. GASAWAY, DIRECTOR

DEPARTMENT OF GENERAL SERVICES

[Revised April 29, 2021]

SPECIFICATIONS FOR

JOC ORDER CONTRACTS

FOR DEPARTMENT OF

WASTE MANAGEMENT & RECYCLING

JOCs 213 214 215

General A, B

JOC Program Coordinator

Edward Go

County of Sacramento Department of General Services Architectural Services Division

9660 Ecology Lane Sacramento CA 95827

Email: goe@saccounty.net

CONSULTANTS

THE GORDIAN GROUP

30 Patewood Drive

Suite 350 Sacramento CA 95827

[Revised September 16, 2020]

JOB ORDER CONTRACTS

JOCs 213 214 215

TABLE OF CONTENTS FOR CONTRACT DOCUMENTS

BIDDING REQUIREMENTS PAGES INCLUSIVE

NOTICE TO CONTRACTORS (available on Open Gov) PROPOSAL -- BID FORM (available on Open Gov)

DIVISION 1 - GENERAL REQUIREMENTS

MODIFICATIONS TO STANDARD CONSTRUCTION SPECIFICATIONS

1-1 GENERAL

1-3 DEFINITIONS

2 SECTION 2 – BID REQUIREMENTS AND CONDITIONS

3 SECTION 3 – AWARD AND EXECUTION OF CONTRACT

4 SECTION 4 – SCOPE OF WORK AND PROCEDURES FOR ORDERING WORK

5 SECTION 5 – CONTROL OF WORK AND MATERIALS

6 SECTION 6 – LEGAL RELATIONS AND RESPONSIBILITIES

7 SECTION 7 – PROSECUTION OF THE WORK

8 SECTION 8 – MEASUREMENTS AND PAYMENT

9 SECTION 9 – CHANGES AND CLAIMS

10 SECTION 10 – ENVIRONMENTAL CONTROLS AT WORK SITE

11-3 RECORD DRAWING SPECIFICATIONS

12-4.02 TRAFFIC CONTROL PLANS (TCP)

Construction Task Catalog® (available on Procure Now - Open Gov provided by Gordian) Task Order Technical Specifications (available on Procure Now - Open Gov provided by Gordian)

Sample Forms available at www.saccountyspecs.net for the following:

“3 Escrow Agreement Q” or Escrow Agreement for Security Deposits in lieu of Cash Retention “4 Payment Bond” “5 Performance Bond”

NOTICE TO CONTRACTORS

(Available on Open Gov)

COUNTY OF SACRAMENTO

PROPOSAL -- BID FORM

JOCs 213 214 15

(Available on Open Gov)

MAY 2022 Administrative Services Page 1.1

DIVISION 1 - GENERAL REQUIREMENTS

All portions of the County of Sacramento Standard Construction Specifications dated September 2001, revised March 2004, January 2008, and January 1, 2016, are hereby made part of these specifications. Modifications to the Standard Construction Specifications are noted below. The Standard Construction Specifications along with these project specifications shall be considered as one body of specifications.

MODIFICATIONS TO STANDARD CONSTRUCTION SPECIFICATIONS

1-1 GENERAL

The following statement shall be added:

Pursuant to Section 20128.5 of the Public Contract Code, 2.61.012 of the Sacramento County Code, and Board of Supervisors Resolution no. 2013-0296

1-3 DEFINITIONS

Delete the following:

Allowance Bid

Estimated Quantities Project

Proposal

Add the following:

Adjustment Factor – Contractor’s competitively bid price adjustment to the Unit Prices as published in the Construction Task Catalog®. Contractors must bid two sets of Adjustment Factors; the first set of Adjustment Factors will be for work in non-secured facilities. The second set of Adjustment factors will be for work in secured facilities. Each set of Adjustment Factors will consist of two Adjustment Factors. The first Adjustment Factor will be applied to that work anticipated to be accomplished during Normal Working Hours. The second Adjustment Factor will be applied to that work anticipated to be accomplished during Other Than Normal Working Hours. All Adjustment Factors.

Award Criteria Figure – The amount determined in the Award Criteria Figure calculation section of the Bid Form, which is used for the purposes of determining the apparent low Bid(s).

Bid Documents – Includes the Legal Advertisement covering the opening of bids; all volumes of the Contract; 1) Requirements for Bidders and General Conditions; 2) Bidding

MAY 2022 Administrative Services Page 1.2

Documents; 3) Technical Specifications; 4) Construction Task Catalog®; any specifications by reference, plus any Addenda issued by the Agency.

Construction Task Catalog® (CTC) – The comprehensive listing of specific repair or remodeling tasks together with a specific unit of measurement and unit price.

Contract – The written agreement signed by the Agency and the Contractor covering the Work and the furnishing of labor, materials, tools, and equipment in the construction of the Work. The Contract shall include the Notice to Contractors, Bid Construction Task Catalog®, Technical Specifications, Special Provision, contract bonds, Task Orders and any project specific specifications or documents; also any and all supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the Contract and include Contract Change Orders.

Contract Documents – The Documents that describe the Work to be performed, including these Standard Construction Specifications, The Special Provisions, The Construction Task Catalog®, The Technical Specifications, all addenda, the Notice to Contractors, the Proposal, all required bonds, and all supplemental Agreements covering, alterations, amendments, or extensions to the contract, including, but not limited to, Field Instructions, or other written directives, responses to Requests for Information, and executed Contract Change Orders. Also reference Section 4-1 “Intent of Contract Documents” of the Specifications. Task Order Proposal documentation (including i.e. shop drawings, sketches, Task Order Price Proposals, lists of subcontractors, schedules, etc.) as prepared for individual Task Orders, as well as the Task Order itself, shall also become part of the Contract Documents after its execution.

Contract Time (JOC) – The Contract Time for the JOC is 365 Calendar Days to issue Notice(s) to Proceed for the Work. Note each individual Task Order within the umbrella of the JOC will have its own established Task Order Completion Time.

Completion Time, Task Order – See “Task Order Completion Time”.

Detailed Scope of Work (DSOW) – A document setting forth the work the Contractor is obligated to complete for a particular Task Order.

Job Order Authorization (JOA) – A process internal to the Agency for obtaining necessary signatures and approvals prior to the issuance of the Notice to Proceed (NTP).

Job Order Contract (JOC) – A competitively bid, firm fixed priced, indefinite quantity contract for accomplishing construction and construction related services. Work is accomplished through the issuance of individual Task Orders pursuant to the JOC. Each Task Order issued under the Job Order Contract will be a firm fixed priced order for accomplishing a specific construction task or Project.

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Joint Scope Meeting (JSM) – A site meeting to discuss the work before Detailed Scope of Work (DSOW) is finalized.

Key Personnel – Those job titles and the persons assigned to those positions in accordance with the provisions of the JOC.

Maximum Contract Amount – The maximum value of aggregate Task Order dollars that the Contractor may receive under this JOC as defined in the Notice to Contractors.

Minimum Contract Amount – The minimum value of aggregate Task Order dollars that the Contractor is guaranteed the opportunity to perform under this JOC as defined in the Notice to Contractors.

Non Pre-Priced (NPP) Tasks – Those units of Work that are not included in the Construction Task Catalog® but within the general scope and intent of the JOC and may be proposed and accepted into this JOC as needs arise. Such Work requirements shall be incorporated into and made part of this JOC for the Task Order to which they pertain, and may be incorporated into the Construction Task Catalog®, if determined appropriate by the Agency, at the base price determined in this provision. Non Pre-Priced Work requirements shall be separately identified and submitted in the Task Order Price Proposal.

Non-secured Facilities – Facilities operated by the Agency that do not have special security requirements and have a separate set of Adjustment Factors for work in these facilities.

Normal Working Hours – Work done between the hours of 6:00 AM to 5:00 PM Monday through Friday inclusive; Saturday, Sunday, and County holidays are excluded.

Other than Normal Working Hours – Work done between the hours of 5:01 PM to 5:59 AM Monday through Friday; and any time during Saturday, Sunday, and County holidays.

Pre-priced Task – A task described in, and for which a Unit Price is set forth in the Construction Task Catalog®.

Project – The improvements to be constructed by the Contractor pursuant to a Task Order or series of related Task Orders.

Proposal, Task Order – The offer to perform work by the Contractor under the JOC and refers to the Contractor prepared Task Order Price Proposal quoting a firm fixed price, schedule and list of subcontractors for the completion of a specific Detailed Scope of Work as requested by the Agency. The Task Order Proposal might also contain approved drawings, work schedule, permits, or other documentation as the Agency might require for a specific Task Order.

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Protest – Formal written document contesting award of a contract.

Request for Information (RFI) – Contractor generated request for further information required to complete a Proposal or to seek clarification on the scope of work to be performed under the Task Order.

Request for Proposal (RFP) – The Agency’s official request for the Contractor to provide a Proposal for a specific Task Order.

Secured Facilities – Facilities operated by the Agency that have special security requirements and have a separate set of Adjustment Factors for work in these facilities. These facilities include but are not limited to: detention facilities, juvenile facilities, Courthouses, District Attorney’s Office, Coroner/District Attorney Forensic Laboratory, Information Technology Restricted Areas, Pharmacies, Mental Health Treatment Centers, and Airports.

Solicitation – A request for bid, proposal, or quote.

Supplemental Task Order – A secondary Task Order developed after the initial Task Order has been issued for the purpose of changing, deleting, or adding work to the initial Detailed Scope of Work, or changing the Task Order Completion Time.

Task Order – The document that requires the Contractor to complete the Detailed Scope of Work within the Task Order Completion Time for the Task Order Price. The Agency will be responsible for the development of the Task Order as well as the inspection and acceptance of the Work contained within the Task Order. The Agency will review the Contractor’s Task Order Proposal and if acceptable, shall issue a Task Order for the Work described therein. Each Task Order will include a Detailed Scope of Work, a firm fixed Task Order Price Proposal from the Contractor, time duration for the completion of the Work and any special conditions that might apply to that specific Task Order, such as Liquidated Damages.

Task Order Completion Time – The time within which the Contractor must complete the Detailed Scope of Work.

Task Order Price – The value of the approved Task Order Price Proposal and the lump sum amount the Contractor will be paid for completing a Task Order.

Task Order Price Proposal – A price proposal prepared by the Contractor that includes the Pre-price Tasks, Non Pre-Priced Tasks (if any), quantities and appropriate Adjustment Factors required to complete the Detailed Scope of Work.

Technical Specifications – The provisions of the Contract Documents that describe the technical aspects of the Work.

Unit Price – The price published in the Construction Task Catalog® for a specific repair or remodeling task. The Unit Prices are fixed for the duration of the JOC and Task Order

MAY 2022 Administrative Services Page 1.5

Completion Time. Each Unit Price is comprised of Labor, Equipment, and Materials costs to accomplish that specific Pre-priced Task.

Delete and replace with the following:

Notice To Contractors – The written notice whereby interested parties are informed of the date, location, and time of the Bid Opening of a proposed Agency Job Order Contract and the terms and conditions of submitting Bids to perform the Work.

Notice to Proceed – The written authorization by the Agency to the Contractor specifying the date the Work may begin and any conditions regarding the beginning of a Task Order.

Plans – The graphic representation of the Detailed Scope of Work, drawings, sketches, illustrations, specifications or other pertinent information included on or attached to the Task Order.

Standard Drawings – The Standard Drawings of the Agency, which are incorporated into the Contract Documents, and made part of the Task Order by reference to one or more specific Standard Drawings.

Work – All actions which the Contractor is required contractually to do as specified, indicated, shown, contemplated, or implied in the Contract to construct the Work, as described in Task Orders, including all alteration, amendments, or extensions made by Contract Change Order or other written orders or directives of the Agency. Unless specified otherwise in the Contract, the Work includes furnishing all materials, supplies, equipment, tools, labor, transportation, supervision, and all incidentals necessary to complete the Work.

SECTION 2

Replace entire section with the following:

SECTION 2 - BID REQUIREMENTS AND CONDITIONS

2-1 BID FORM

The Agency will furnish to each prospective Bidder a bid form, which, when properly completed and executed, is the Bidder's Bid for the Work. Bids must be submitted on the Agency-furnished bid form to be valid and accepted. Bids that are not submitted on the Agency-furnished bid form can be rejected. The completed bid form must be in English and legible and properly signed in longhand by the Bidder if the Bidder is an individual, or by a member of a partnership, by an officer of a corporation authorized to sign contracts on behalf of the corporation, or by an agent of the Bidder. Signatures scanned or transmitted electronically shall be deemed original signatures for purposes of the Bid, with such scanned signatures having the same legal effect as original signatures. If submitted by

MAY 2022 Administrative Services Page 1.6 a corporation, the Bid must include the name of the state under the laws of which the corporation is chartered or organized.

The Bid must be made on the bid proposal form furnished by the Agency.

2-2 PREPARATION AND SUBMISSION OF BIDS

By submission of a Bid, the Bidder acknowledges the nature and scope of a Job Order Contract, an understanding and acceptance of the Contract General Conditions, the availability of labor, electric power, water, and all requirements of the Contract or other matters which may affect the Work or the cost. Failure of a Bidder to become acquainted with all of the available information concerning conditions will not relieve the Bidder from the responsibility for estimating properly the difficulties or cost of the Work. Bidders agree to inform the Agency of any errors or oversight by Agency it perceives in the documents prior to submission of its bid.

As shown in the Job Order Contract Construction Task Catalog®, Using the Construction Task Catalog®; the Bidder must provide on the Bid form Adjustment Factors that include business costs, project related costs, price variations, and all costs in excess of the unit prices. The only compensation to be paid to the Contractor for unit price tasks will be:

Unit Price X Quantity X Adjustment Factor.

If the estimated Contract amount is $1,000,000.00 or more, the Bidder must include with the Bid a completed, signed Iran Contracting Act Disclosure Form in accordance with Sections 2202-2208 of the Public Contract Code. A sample of the required form is included in Appendix A of these Specifications.

Bids must be submitted on the Agency's eProcurement system website as indicated in the Notice to Bidders. All Bid pricing, forms, and attachments requested in the online Bid posting must be completed and submitted by the date and time indicated in the Notice to Bidders or subsequent Addendum in order for the Bid to be considered by the Agency. Bidders will receive a confirmation email from the Agency’s eProcurement system providing the date and time that the Bid was received by the Agency’s eProcurement system. Late Bids will not be accepted by the Agency. Bids delivered by hand, fax, telephone, e-mail, or any postal carrier will not be accepted by the Agency.

Note: For a bid to be accepted, Bidder must submit the agency provided form attesting that the Bidder reviewed the information of the Pre-Bid Conference either by attending the online Pre-Bid Conference or reviewing a recording of the online Pre-Bid Conference. Attestation form must be submitted not later than the date and time as shown on the Notice to Contractors.

MAY 2022 Administrative Services Page 1.7

2-3 EXAMINATIONS OF CONTRACT SPECIFICATIONS, JOB ORDER

CONTRACT CONTSTRUCTION TASK CATALOG®, AND JOB ORDER

CONTRACT TECHNICAL SPECIFICATIONS

The Bidder must carefully examine Contract Specifications, Construction Task Catalog®, and Technical Specifications and must be satisfied as to the character and quality of the Work. The submission of a Bid is conclusive evidence that the Bidder is satisfied through the Bidder's own examination of the documents; the character and quality of work to be performed; and the materials and equipment to be furnished.

If material discrepancies or apparent material errors are found in the Contract Specifications, Construction Task Catalog®, and/or Technical Specifications prior to the opening of Bids, an Addendum may be issued (see Section 2-9, "Addenda", these Specifications). Otherwise, discrepancies or conflict between Contract Specifications, Construction Task Catalog®, and Technical Specifications are governed by Section 4-1, "Intent of Contract Documents".

Direct pre-bid questions to JOC Administrator Edward Go, Sacramento County Architectural Services Division, by E-mail at goe@saccounty.net

A pre-bid conference will be held if noted in the NOTICE TO CONTRACTORS

2-4 SUBSURFACE CONDITIONS

Investigations of subsurface conditions by the Agency are made for the purpose of design only. There is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work, or any part of it, or that unusual site conditions might not occur. Unusual site conditions are defined in Section 7104 of the Public Contract Code and Section 7-6, "Unusual Site Conditions," of these Specifications.

2-5 CONTRACTORS/SUBCONTRACTORS REQUIRED TO BE LICENSED

The Bidder must hold a valid Contractor License under the provisions of Chapter 9, Division 3, of the Business and Professions Code and be registered pursuant to Labor Code section 1725.5 as noted in the Notice to Bidders, "Contractor License Required." Unless specified otherwise in the Special Provisions, the Bidder must indicate the license number and class in the space provided on the Bid proposal.

Subcontractors engaged to perform portions of the Work must be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code and be registered pursuant to Labor Code section 1725.5 to do the type of work for which they are subcontracted. Subcontractor license numbers must be provided to the Agency as required by Section 2-8, "Subcontractors," of these Specifications.

Failure of the Bidder to obtain proper and adequate licensing prior to Bid opening may constitute a non-responsive bid. Pursuant to Public Contract Code Section 20103.5, projects that receive Federal funding may not be subject to this requirement.

MAY 2022 Administrative Services Page 1.8

2-6 COMPETENCY OF BIDDERS

It is the intent of the Agency to award a Contract only to a Bidder who furnishes satisfactory evidence of requisite experience and ability and has sufficient capital, facilities, and plant to prosecute the Work successfully and promptly and complete the Work within the time stated in the Contract.

If required by the Special Provisions, a statement of experience and business standing, together with that of all Subcontractors designated in the Bid, must be submitted on an Agency-provided form by the 3 apparent low Bidders within 3 Working Days of Bid opening.

To determine the experience of a Bidder, relevant evidence that the Bidder, or personnel, has satisfactorily performed on other contracts of similar nature and magnitude or difficulty will be considered.

2-7 JOINT VENTURE BIDS

If two or more prospective Bidders desire to bid jointly as a joint venture on a single project, the joint venture Bid must be accompanied by a notarized copy of a valid license issued to the joint venture by the Contractors State License Board. If a copy of the joint venture license is not filed with the Bid, award of the Contract might be delayed or the Bid may be rejected.

2-8 SUBCONTRACTORS

Bidders shall not submit a list of subcontractors with their Bids. This is an indefinite quantity contract and therefore the quantities of work are not defined prior to award of a contract. Subcontractors shall be listed with Contractor's Proposal on each Task Order.

In accordance with the Subletting and Subcontracting Fair Practices Act, of the Public Contract Code, Section 4100 et seq., each Contractor must list in his or her Proposal each Subcontractor that will perform work in an amount in excess of 1/2 of 1 percent of the total Proposal or, in the case of a Proposal for the construction of streets or highways, including bridges, $10,000, whichever is greater, and the name, address, contractors state license board number and work portions to be performed by each Subcontractor listed.

If a Contractor fails to specify a Subcontractor for a portion of the Work or specifies more than one Subcontractor for the same work, the Contractor agrees that the Contractor is fully qualified to perform and will perform that portion of the Work. If, after Notice to Proceed of a Task Order, the Contractor subcontracts a portion of the Work, except as provided in Section 4107 and Section 4109 of the Act, the Contractor may be subject to the penalties specified in Section 4110 of the Act, and the Agency may refer the violation to the Contractors State Licensing Board.

A listed Subcontractor must perform, with the Subcontractor's own organization and with workers under the Subcontractor's immediate supervision, work of a value of not less than 75 percent of the value of each item of work for which the Subcontractor is listed.

MAY 2022 Administrative Services Page 1.9

Pursuant to Public Contract Code Section 6109, a Contractor cannot perform work with a Subcontractor who is ineligible to perform work on public works projects pursuant to Labor Code Section 1777.1 and Section 1777.7.

The Contractor must submit the license numbers of all Subcontractors to the Agency within their Proposal.

The Contractor must include provisions in every Subcontract that the Contract between the Contractor and the Agency is part of the Subcontract, and that all terms and provisions of the Contract are incorporated in the Subcontract. Copies of all Subcontracts are to be provided to the Agency within 2 Working Days of a written request. Subcontracts do not release the Contractor from the Contract or relieve the Contractor of responsibility for the Subcontractor's work.

2-9 ADDENDA

The correction of material discrepancies in, or material additions to/omissions from, the Plans, Specifications, or other Contract document, or an interpretation thereof, during the bidding period will be made only by an Addendum issued by the Agency. Addenda will be posted on the Agency's eProcurement system website and available for review by all Bidders. Bidders must acknowledge any and all Addenda before submitting a Bid. Addenda become part of the Contract upon issuance. Interpretations or explanations not included in an Addenda will not be considered binding.

2-10 ASSIGNMENT OF ANTITRUST ACTIONS

The Bidder must comply with Public Contract Code Section 7103.5(b):

"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment must be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."

General Conditions

JUNE 2022 Administrative Services Page 3.10

2-11 BID GUARANTEE

The Bid must be accompanied by a Bid Guarantee in the form of cash, a certified check, a cashier's check, or a bidder's bond. The Bid Guarantee must be executed by an admitted surety insurer in favor of the Agency, the amount of which must be not less than $25,000, or other security acceptable to the Agency. Bids not accompanied by a Bid Guarantee will be rejected.

The Agency is authorized to forfeit sums of the Bid Guarantee as specified in Section 3-8 of these Specifications.

The County does not have a standard bid bond/guaranty form. The bid bond/guaranty form may be provided by the corporate surety.

Bidders must upload a copy of their Bid Guarantee and submit it with their Bid in the Agency's eProcurement system. After Bids are opened and the apparent low bidder is identified, the apparent low Bidder must deliver their original Bid Guarantee to the Agency by 4:00 PM the first Monday following Bid Opening, to: County of Sacramento, Contracts & Purchasing Division, 9660 Ecology Lane, Sacramento, CA 95827.

2-12 WITHDRAWAL OF BID

A Bid can be withdrawn prior to the time for the submission of Bids in the Notice to Bidders by canceling or deleting the submitted Bid in the Agency's eProcurement system.

The withdrawal of a Bid does not prejudice the right of a Bidder to file a new or revised Bid in accordance with the Notice to Bidders. Bids can be revised in the Agency's eProcurement system prior to the Bid due date and time.

2-13 PUBLIC OPENING OF BIDS

Bids will be publicly opened by electronically unsealing the Bids on the Agency's eProcurement system website as indicated in the Notice to Bidders or a subsequent Addendum. Bidders and the public can view Bids received on the Agency's eProcurement system website after the Bid due date and time.

2-14 REJECTION OF BIDS

The Agency reserves the right to reject any and all Bids. Bids containing omissions, erasures, alterations, conditions, or additions not called for can be rejected. The Agency reserves the right to waive irregularities in a Bid and to make an award in the best interest of the Agency.

2-15 RELIEF OF BIDDERS

Attention is directed to Public Contract Code Sections 5100 through 5107 concerning relief of Bidders, and in particular to the requirement in Section 5103 that, if the Bidder claims a material mistake was made in its Bid, the Bidder must give the Agency written notice within 5 Working Days after the opening of the bids of the mistake, specifying in detail how the mistake occurred.

JUNE 2022 Administrative Services Page 3.11

SECTION 3

Replace entire section with the following:

SECTION 3 - AWARD AND EXECUTION OF CONTRACT

3-1 TIME OF AWARD

If the Contract is awarded, the award is expected to be made within 90 Calendar

Days after Bid Opening. Bids shall remain open for 90 Calendar Days after the opening of bids. If the lowest responsive, responsible Bidder refuses or fails to execute the Contract, the Agency may award the Contract to the second lowest responsive, responsible Bidder. The specified period of time within which the award of the Contract may be made may be subject to extension for further periods as agreed upon in writing by the Agency and the Bidder.

3-2 CONSIDERATION OF BIDS

After the Bids have been opened and read, they will be checked for accuracy and compliance with the Specifications.

If the individual adjustment factors when applied to the weighted formula as shown on the bid form does not equal the composite adjustment factor shown, then the individual adjustment factors will govern, and the corrected weighted formula result will be the composite adjustment factor. If the Bid is missing an adjustment factor or calculation, then it may be rejected as incomplete.

After the Agency has made corrections in mathematical errors, all Bids will be compared based on the bid form.

3-3 AWARD OF CONTRACT

If the Contract is awarded, the award will be to the lowest responsive, responsible Bidder. In addition to price in determining the lowest responsive, responsible Bidder, consideration will be given to:

The ability, capacity and skill of the Bidder to perform the Work;

the ability of the Bidder to perform the Work within the time specified, without delay;

the ability of the Bidder to perform the Work in a safe manner;

the character, integrity, reputation, judgment, experience and efficiency of the Bidder; and the quality of the Bidder's performance on previous work with the Agency. Award will be based on the lowest award criteria figure.

3-3.01 Notice Of Intent To Award

After the Agency has fully reviewed the bid documents and identified the lowest responsive, responsible Bidder, the Agency will issue a Notice of Intent to Award to all bidders.

JUNE 2022 Administrative Services Page 3.12

Protests must be filed in writing to the County of Sacramento, Department of General Services, Contract and Purchasing Division, 9660 Ecology Lane, Sacramento CA 95827, within five (5) Working days after the Agency issues the "Notice of Intent to Award". Protests received after the five (5) Working day deadline will not be considered by the Agency. A copy of the protest should be submitted (electronic or hard copy) to the Agency Contact designated in the Notice to Contractors on the same day.

3-4 PERFORMANCE AND PAYMENT BONDS

The format of the Performance Bond and Payment Bond forms shall be those contained in these Specifications.

As part of the execution of the Contract, the successful Bidder must furnish Performance and Payment corporate surety bonds to the benefit of the Agency. Bonds must be executed by a surety company authorized to do business in the State of California and listed in the current Federal Department of Treasury Circular 570.

3-4.01 Performance Bond The Performance Bond, to guarantee the performance of all covenants and stipulations of the Contract, must be on a form approved by the Agency and must be in a sum not less than 100 percent of the Maximum Contract Amount as set forth in the Contract.3-4.02 Payment Bond The Payment Bond to guarantee the payment of wages and of bills contracted for materials, supplies, or equipment used in the performance of the Contract, must be on the form provided by the Agency and must be in a sum not less than 100 percent of the Maximum Contract Amount as set forth in the Contract.

Prior to the award of the Contract, the Contractor shall provide a Payment and a Performance Bond. Each bond shall have a penal sum equal to $1,500,000.

If, at any time, the total value of outstanding Job Orders exceeds the penal sum of the Performance and Payment Bonds then in effect, the Owner may, at its discretion, require the Contractor to submit a new Performance and Payment Bond in the amount of $1,500,000 or the penal sum equal to such total value of outstanding Job Orders, whichever is greater.

Bonding Company Letter: Attach a letter from your bonding company that states ALL of the following: 1) Your Bonding Capacity (aggregate dollar amount to the state maximum, which is currently $5,402,865.80), 2) The current amount of bonding outstanding, and 3) how long the bonding company has been providing bonds.

3-5 NOTIFICATION OF SURETY COMPANIES

The surety company must be familiar with all the provisions and conditions of the Contract. It is understood and agreed that the surety company waives notice of change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under or to the specifications accompanying the same, or any other act or acts by the Agency or the Agency's authorized agents under the terms of the Contract;

JUNE 2022 Administrative Services Page 3.13 and failure to so notify the surety company of changes does not relieve the surety company of its obligations under the Contract.

3-6 RETURN OF BID GUARANTEES

After Bids have been received and reviewed by the Agency, Bid Guarantees, except those submitted by the three lowest responsive, responsible Bidders, will be returned to the Bidders within 10 Calendar Days after the award of the Contract. The Bid Guarantees of the three lowest responsive, responsible Bidders will be returned, except as noted otherwise in Section 3-8, "Failure to Execute Contract", of these Specifications, within 10 Calendar Days after the successful Bidder has filed the specified bonds and proof of insurance and the Bidder and the Agency have executed the Contract.

If all Bids are rejected and no award is made, all Bid Guarantees will be returned within 10 Calendar Days of the decision of the Board not to award the Contract.

3-7 EXECUTION OF CONTRACT

Upon approval from the Agency's governing Board to award the Contract to the lowest responsive responsible bidder, the Contract must be signed by the successful Bidder and returned to the Agency, together with complete, certified copies of the Performance Bond, Payment Bond and certificates of insurance, within 10 Calendar Days of the Bidder's receipt of the documents. Receipt by the Agency of the signed documents from the Contractor constitutes "execution" of the Contract. Insurance certificates must be signed by a person authorized by the insurer to bind coverage on its behalf and must be accompanied by copies of all endorsements required by Section 3-9, "Insurance", of these Specifications. After signing by the Agency, one copy of the signed Contract, bonds, and certificates of insurance will be returned to the Contractor.

3-8 FAILURE TO EXECUTE CONTRACT

If the Bidder to whom the Contract is awarded fails to execute the Contract and file the required bonds and insurance certificates within 10 Calendar Days from the time the Contract forms are received by the Bidder, the award may be annulled and the Bidder's Bid Guarantee forfeited to the Agency up to the full amount. The Contract may then be awarded to the next lowest responsive, responsible Bidder.

On refusal or failure of the second lowest responsive, responsible Bidder to execute the Contract, the Agency may award it to the third lowest responsive, responsible Bidder.

If the Agency awards the Contract to the third lowest responsive, responsible Bidder, in addition to application of the lowest Bidder's Bid Guarantee as stated, the second lowest responsive, responsible Bidder's Bid Guarantee will be applied by the Agency to the difference between the Bid of the second lowest responsive, responsible Bidder and the Bid of the third lowest responsive, responsible Bidder.

Additionally, any forfeited Bid Guarantee amounts will be applied as reimbursement for costs incurred for failure of the successful Bidder(s) to enter into a contract. The

JUNE 2022 Administrative Services Page 3.14 surplus, if any, will be returned to the defaulting Bidder(s), if a check or cash is used, or credited to the surety on the Bidder's Bond, if a bond is used.

The amount of the Bid Guarantee is not a penalty or liquidated damages. The Agency is not precluded by a Bid Guarantee from recovering from the defaulting Bidder damages in excess of the amount of the Bid Guarantee.

3-9 INSURANCE

The Contractor must procure, maintain, and keep in force at all times during the term of the Contract, at the Contractor's sole expense, the following minimum required insurance policies and limits which are intended for the protection of the Agency and the public. Contractor's obligations for loss or damage arising out of Contractor's work are in no way limited by the types or amounts of insurance set forth herein. In specifying minimum insurance requirements herein, Agency does not assert that the required minimum insurance is adequate to protect the Contractor. Contractor is solely responsible to inform itself of the types and amounts of insurance it may need beyond these requirements to protect itself from loss, damage or liability. It is the sole responsibility of Contractor to notify its insurance advisor or insurance carrier(s) regarding coverage, limits and forms specified in this Section.

The Agency reserves the right to modify the required minimum insurance coverages and limits depending on the scope and hazards of the Work.

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Where a specific ISO form is referenced in these Specifications or the Contractor utilizes "a form or policy language as broad in scope and coverage" to satisfy the insurance requirements required herein, Contractor must use the most recently approved State edition or revision of the form(s) or policy language to satisfy the insurance requirements.

3-9.01 General Liability

Commercial General Liability insurance including, but not limited to, protection for claims of bodily injury and property damage, personal and advertising injury, contractual, and products and completed operations. Coverage must be at least as broad as "Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 0001" (Occurrence Form) or a form as broad in scope and coverage. The limits of liability must be not less than:

Each Occurrence Two Million Dollars ($2,000,000) Personal & Advertising Injury Two Million Dollars ($2,000,000) Products and Completed Operations Aggregate

Two Million Dollars ($2,000,000)

General Aggregate Two Million Dollars ($2,000,000)

The Contractor's Commercial General Liability policy must contain the following provisions:

The Agency, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers (collectively, "Additional Insureds") must be included as Additional Insureds as respects liability caused, in whole or in part, by the acts or omissions of the Contractor, or the acts or omissions of those acting on behalf of the Contractor; or premises owned, occupied or used by the Contractor in conjunction with the Work. The required additional insured status of Agency may be satisfied by the following:

A. Use of ISO Form CG 2010 11 85, if commercially available, - Additional Insured - Owners, Lessees, Or Contractors - Scheduled Person or Organization (or a form or policy language as broad in scope and coverage);

Or

B. Use of ISO Form CG 2038 04 13 - Additional Insured - Owners, Lessees, Or

Contractors - Automatic Status for Other Parties When Required in Written Construction Agreement (or a form or policy language as broad in scope and coverage);

Or

C. Use of ISO Form CG 2033 04 13 - Additional Insured - Owners, Lessees, Or

Contractors - Automatic Status When Required in Construction Agreement

JUNE 2022 Administrative Services Page 3.16 with You (or a form or policy language as broad in scope and coverage);

Or

D. Use of CG 20 10 (all editions other than 11 85) - Additional Insured - Owners, Lessees, Or Contractors - Scheduled Person or Organization

3-9.01.A Additional Insured - Completed Operations

Any issuance of an additional insured form other than ISO Form CG 2010 11 85 (which automatically includes Completed Operations for Additional Insureds) must also require issuance of an endorsement to add Completed Operations for the Agency as an additional insured. Contractor may utilize ISO Form CG 20 37 04 13 - Additional Insured - Owners, Lessees, Or Contractors - Completed Operations (or a form or policy language as broad in scope and coverage).

3-9.01.B Additionally Insured - Protocols Any issuance of CG 20 10 (any edition) or a comparable form must utilize the following protocol:

Scheduled Name must be: All entities or persons as required by contract

Scheduled Locations must be: All locations as required by contract

And

Any issuance of CG 20 37 04 13 or a comparable form must utilize the following protocol:

Scheduled Name must be: All entities or persons as required by contract

Scheduled Locations must be: All locations as required by contract.

3-9.01.C General Aggregate Limits

The Contractor's Commercial General Liability insurance policy must include an endorsement or policy language stating that any General Aggregate limits must apply separately to the Work using ISO CG 25 03 05 09 (or a form or policy language as broad in scope and coverage).

3-9.01.D Waiver of Subrogation

The Contractor's Commercial General Liability policy must include a waiver of subrogation in favor of the Additional Insureds. Such waiver of subrogation must be on

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ISO Form CG 24 04 10 93 - Waiver of Transfer of Rights of Recovery Against Others to Us (or a form or policy language as broad in scope and coverage).

3-9.01.E Primary Insurance

The Contractor's Commercial General Liability policy must contain an endorsement using ISO Form CG 20 01 04 14 (or a form or policy language as broad in scope and coverage) that for any claims related to this Contract, the Contractor's insurance coverage must be primary insurance as respects the Agency, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers (Additional Insureds). Any insurance or self-insurance maintained by the Additional Insureds must be excess of the Contractor's insurance, whether the Contractor's insurance is self-insurance, a primary Commercial General Liability policy, excess or umbrella policy, or a combination thereof, and must not contribute with it.

3-9.01.F Separation Insured

The Contractor's Commercial General Liability policy must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3-9.01.G Insurance Protocols

If the Contractor maintains higher limits than the minimums shown above, whether on a primary or excess basis, the Agency requires and must be entitled to coverage with the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverages shall be available to the Agency.

3-9.01.H Extension of Completed Operations

Contractor must maintain the required Commercial General Liability policy, including Completed Operations, at not less than the required minimum limits, for not less than two (2) years after Final Acceptance of the Work. Contractor must furnish the Agency with original certificates and copies of required amendatory endorsements, or original certificates and copies of the applicable insurance policy language effecting coverage required by this contract; or a combination thereof, for the required two (2) years.

3-9.01.I Contractual Limits

Contractor is expressly prohibited from using either ISO or manuscript endorsements that are intended to remove or restrict contractual coverage for an Additional Insured, or an indemnitee in a hold harmless agreement, under the Contractor's Commercial General Liability policy. Such endorsements include, but are not limited to, ISO CG 21 39 10 93 and CG 24 26 04 13; or later approved State editions or revisions.

3-9.01.J Additional Insured Requirements for Sub-Contractors

Contractor must require each of its subcontractors, at every tier, to include the Agency, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers as Additional Insureds. Where commercially available, Contractor must require its subcontractors to use ISO Form CG 20 38 04 13 -

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Additional Insured - Owners, Lessees, Or Contractors - Automatic Status for Other Parties When Required in Written Construction Agreement (or a form or policy language as broad in scope and coverage). If not commercially available, any other additional insured form or policy language may be used by subcontractors, subject to Contractor's approval.

Contractor must also require each of its subcontractors, at every tier, to include the Agency, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers as Additional Insureds for Completed Operations utilizing an ISO form, if commercially available, or other form or policy language as broad in scope and coverage.

It is the express duty of the Contractor that it verify that its subcontractors, at every tier, have endorsed their respective Commercial General Liability policies to comply with this section to include the Agency, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers as Additional Insureds, including Completed Operations, and in compliance with the protocols as required herein.

Failure of the Contractor to obtain additional insured status for the Agency, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers by its subcontractors, at every tier, must be considered a material breach of the Contract.

3-9.02 Automobile Liability

Automobile Liability insurance providing protection for bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles. Coverage must be at least as broad as ISO Business Auto Coverage Form CA 0001 (or a form or policy language as broad in scope and coverage), symbol 1 (any auto), if commercially available. Use of any symbols other than symbol 1 for liability for corporate/business owned vehicles must be declared to and approved by the Agency in writing. If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos must apply.

The Contractor's Commercial Automobile Liability policy must include the Agency, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers as indemnitees and additional (designated) insureds as required by contract.

The minimum limits of liability must not be less than:

Corporate/business owned:

Vehicle Type and Weight Minimum Limits Private passenger $1,000,000 Combined Single Limit Light or medium rated trucks $1,000,000 Combined Single Limit Heavy, extra-heavy or tractor trailer $2,000,000 Combined Single Limit*

*Note: Commercial Auto Policies do not allow application of limits by vehicle. If Contractor will utilize any heavy, extra-heavy, or tractor trailer vehicles on the Work, then the minimum $2,000,000 must be required regardless of the number or

JUNE 2022 Administrative Services Page 3.19 mix of vehicles. A Commercial Auto Policy with $1,000,000 Combined Single Limit and an Excess or Umbrella Policy with not less than $1,000,000 Each Occurrence will satisfy the $2,000,000 requirement.

If there are no corporate/business owned vehicles, then personal automobile insurance requirements apply to any individually owned personal vehicles used by the Contractor on the Project.

The limits of liability must not be less than:

Individually owned vehicles: $300,000 Combined Single Limit or, if split limits are used, $100,000 per person, $300,000 each accident, $100,000 property damage.

3-9.03 Workers' Compensation

Workers' Compensation insurance, with coverage as required by the State of California (unless the Contractor is a qualified self-insurer with the State of California), and Employers' Liability coverage. The minimum limits of Employers' Liability are:

Each Accident One Million Dollars ($1,000,000) Disease Each Employee One Million Dollars ($1,000,000) Disease Policy Limit One Million Dollars ($1,000,000)

The Workers' Compensation policy required hereunder must be endorsed to state that the Workers' Compensation carrier waives its right of subrogation against the Agency, its governing Board, officers, directors, officials, employees, and authorized agents and volunteers. In the event the Contractor is self-insured, the Contractor must furnish a Certificate of Permission to Self-Insure by the Department of Industrial Relations Administration of Self-Insurance, Sacramento.

3-9.04 Excess or Umbrella Liability

The contractor is granted the option of arranging the required coverages and limits under a single policy or by a combination of underlying policies with the balance provided by an Excess or Umbrella liability policy equal to the total Per Occurrence and Aggregate limits required on the Commercial General Liability policy and the Combined Single Limit on the Commercial Automobile Liability policy.

The Agency, as an Additional Insured, requires and must be entitled to coverage for the higher limits maintained by the Contractor on any Excess or Umbrella policy. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverages must be available to the Agency before the Agency's available self-insurance, primary insurance or excess insurance must be called upon to protect the Agency.

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3-9.05 Contractor's Equipment

The Contractor, and each of its Subcontractors, must separately insure its own equipment for loss and damage.