Job_Order_Contract_(JOC)_for_Pavement_Maintenance_Services.pdf

County of Orange, OC Public Works IFB # undefined

Job Order Contract (JOC) for Job Order Contract (JOC) for Pavement Maintenance Services

COUNTY OF ORANGE

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PROCUREMENT SERVICES

601 N. Ross St., 4th Floor

Santa Ana, CA 92701

Date: Wednesday, March 5, 2025

INVITATION FOR BIDS

FOR: JOB ORDER CONTRACT (JOC) FOR PAVEMENT

MAINTENANCE SERVICES

BID MUST BE RECEIVED BEFORE:

March 19, 2025 / 2:00 pm

IFB 080-2791201-TV

Procurement Services Regular Office Hours:

8:00 AM to 5:00 PM

Monday through Friday

The office is closed between 12:00 PM and 1:00 PM

Job Order Contract (JOC) for ____________________________

1. General Information

1.1. Important Notice

The County of Orange has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a request for clarification/interpretation through the County's online bidding system at https://procurement.opengov.com/portal/ocgov.

If clarification or interpretation of this solicitation is considered necessary by County, an addendum shall be issued and the information will be provided through the County's online bidding system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County through the County's online bidding system. It is the responsibility of each

Bidder to periodically check the County's online bidding system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received by 2:00 pm on Thursday, March

13, 2025.

1.2. Lobbying

Orange County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.

2. General Instructions and Provisions

2.1. Bid Submission

Before submitting a bid, Bidders shall carefully examine the solicitation contents, including the

Contract Terms and Conditions and Scope of Work. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract.

2.2. Mandatory Pre-Bid Meeting Webinar

All Bidders must be in attendance at the Pre-Bid Webinar Meeting in order to continue in the bidding process. The Pre-Bid Webinar Meeting will be conducted one time only. Attendance will be taken at the webinar meeting, at the beginning and the end of the meeting. Attendance during entire webinar is required.

A. PRE-BID INFORMATION

DATE: Thursday, March 6, 2025

TIME: 8:30 am – NO ONE WILL BE ADMITTED AFTER 8:40 am https://procurement.opengov.com/portal/ocgov

LOCATION: MEETING LINK WILL BE SENT TO THOSE WHO RSVP VIA EMAIL

TO THANH.VU@OCPW.OCGOV.COM

B. Please RSVP your attendance through the e-procurement portal or via email by close of business day on March 5, 2025.

C. The purpose of the Pre-Bid Meeting will be to discuss the Job Order Contract (JOC) concept, and discuss JOC from a Contractor’s perspective. For Contractors who are new to the JOC process, a training workshop will be part of the Pre-Bid Meeting.

2.3. Bid Submittal

This is a fully electronic Invitation for Bid (IFB). Bidders must submit their bid through the

County’s online bidding system to be considered responsive. Only electronic bids will be accepted, no exceptions. Once the Bid Due Date and Time has lapsed, bidders, the public and County staff are able to immediately see the results on OpenGov Procurement.

All bids are due no later than the due date and time specified within this solicitation. Late bids will not be accepted regardless of reason.

No person, firm or corporation shall be allowed to make or file or be interested in more than one bid, for the Job Order Contract. A person, firm or corporation who has submitted a sub-bid to a

Bidder, or who has quoted prices on materials to a Bidder, is not hereby disqualified from submitting a sub-bid or quoting prices to other Bidders.

Bidders shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

The County shall not be liable for any expenses incurred by potential Bidders in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s

Pricing Sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB;

B. Submitting that bid to the County;

C. Negotiating with the County any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

2.4. Bonds

Bonds shall be secured from an admitted surety company authorized to conduct surety insurance in California and satisfactory to County Counsel and County Risk Management and in accordance with the General Conditions.

A. Bid Bond: Bidder will be required to furnish a bid bond in an amount not less than 10% of the total Contract amount. Original bid security documents shall be received at the following address before 2:00 p.m. on the bid closing date or submittals shall be deemed non-responsive:

County of Orange/County Administration South Building

601 N. Ross St., 4th Floor

Santa Ana, CA 92701

Attn: Thanh Vu

B. Labor and Material Payment Bond and a Faithful Performance Bond: The successful Bidder, immediately upon award, will be required to furnish a Faithful

Performance Bond and a Labor and Material Payment Bond in an amount of $5,000,000.

Sample bonds can be found attached to this

IFB.

C. If the Contractor fails to provide the required Bonds (including insurance certificates and endorsements) within fourteen (14) days after Board award, County may terminate the

Contract for cause and award to the next qualified Contractor.

2.5. Contractor’s License

No bid may be considered from a Bidder who, at the time the bids are opened, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions

Code of the State of California (see California Business and Professions Code, Section 7000, et seq). However, if federal funds are involved, the Bidder must be properly licensed at the time of award (Public Contract Code 20103.5).

Bidders shall be required to meet any other legal, license or certificate requirements that are necessary to enable them to perform the services specified in this solicitation.

2.6. Bid Protest & Appeal

Any bidder, respondent, or contractor who alleges an error or impropriety in the solicitation or award of a contract may submit a grievance or protest to the awarding department and the following procedures will apply.

A. Procedure

1. Prior to the filing of an Agenda Staff Report (ASR) for award of Contract, the DPA shall send a Notice of Intent to Award a Contract to all participating vendors and submit a copy to the Clerk of the Board. This Notice shall initiate the protest period as follows:

2. Bidders will have five (5) business days from the date of the notice in which to file a protest concerning the award of the Contract.

3. Protests relating to a proposed Contract award which are received after the five (5) business day deadline will not be considered by the County.

4. During the five (5) business day period, bid information is subject to public disclosure.

5. Upon expiration of the five (5) business day period or proper resolution of a protest/appeal, the department may move forward with the Contract award or if necessary, filing the item for approval by the Board of Supervisors.

B. Protest Process

1. In the event of a timely protest, the County shall not proceed with the solicitation or award of the Contract until the DPA, or the Director renders a decision on the protest.

2. Upon receipt of a timely protest, the DPA will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

3. The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the Contract is necessary to protest the substantial interest of the County. The award of a Contract shall in no way compromise the protestor’s right to protest procedures outlined herein.

4. If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the Office of the Director requesting an appeal, in accordance with the process stated below.

C. Appeal Process

1. If the protesting Bidder wishes to appeal the decision of the DPA, the protesting bidder must submit, within three (3) business days from receipt of the DPA’s decision, a written appeal to the Office of the Director.

2. Within fifteen (15) business days, the Office of the Director will conduct a third-party review of all materials in connection with the grievance, assess the merits of the protest and provides a written determination that shall contain his or her decision.

3. The decision of the Director will be final and there shall be no right to any administrative appeals of this decision.

2.7. Acceptance/Rejection/Award

A. Bids submitted in response to this IFB may become subject to public disclosure. The

County shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the County.

B. Bids will be reviewed by the County for responsiveness to all requirements. The County has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein, and is therefore not a responsible bidder.

C. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

Please take notice, non-acceptance of County of Orange terms and conditions will result in a bid being deemed non-responsive. The County will not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

D. Final award determination based upon the lowest responsive, responsible bid, may also include a review of successful Bidder’s qualifications, experience, and resources;

Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of

County of Orange terms and conditions.

E. Awarded Contractor will be required to sign a Contract upon award. If Contractor is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

2.8. Rights Reserved to County

The County reserves the right to:

A. Waive, at its discretion, any irregularity or formality, which the County deems immaterial.

B. Make multiple awards to Bidders for services requested in this solicitation, at its sole discretion, to serve the best interests of the County.

C. Accept or reject all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interests of the County may require;

D. Withdraw or cancel this solicitation at any time without prior notice and furthermore makes no representation that any Contract will be awarded to any bidder responding to this solicitation;

2.9. W-9 Requirements

Department of the Treasury, Internal Revenue Service Form W-9 Requirement: Effective

June 3, 2006, all Contractors, entering into a contract with the County, who are not already established in the Countywide Accounting and Personnel System (CAPS) as an Auditor-

Controller vendor, will be required to submit to the County a federal Form W-9, or form W-8 for foreign vendors.

In order to comply with this County requirement, within ten days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to the contract administrator, the County DPA, or the agency/department deputy purchasing agent the required W-9 or W-8.

3. Scope of Work

3.1. Scope of Work

Contractor shall provide all labor, materials, tools, equipment, utilities, vehicles, and transportation services required to provide Pavement Maintenance under this Contract. Services may be provided, but may not be limited to, any facility or property which is owned, operated, or maintained by the County. Pavement Maintenance shall be provided in accordance with the following, which are incorporated herein by this reference.

A. Job Order Contracts for Pavement Maintenance, Dated January 2025 (to be available for download after the Pre-Bid Meeting).

B. All other requirements identified specifically in A Job Order Detailed Scope of Work, which include but not limited to drawings, additional specifications, as-built records, sketches, written scope narratives, standard specification from other local, state and federal agencies.

C. California Building Code and other codes, ordinances, rules, regulations, orders and legal requirements of Agency Having Jurisdiction which bear on the performance of the work.

D. Secured Facilities: The Contractor may be required to have their employees, subcontractors and/or a suppliers submit applications and complete security clearances prior to commencing any work in a secured County facility. Contractor employees, subcontractors and/or suppliers will be required to submit to fingerprinting and personal background checks as part of the security clearance process.

3.2. Performance Requirements

A. There is no guaranteed minimum amount of work which will be ordered under this

Contract.

B. This is a Contract for work specified in individual Job Orders. Work ordered prior to but not completed by the expiration of the Contract period, and any additional work required as a result of unforeseen conditions encountered during construction up to six (6) months after the contract expiration date, will be completed with all provisions of this Contract still in force. Performance time for each Job Order issued under this Contract will be determined in accordance with the Contract. This performance time will be determined and agreed upon by both Parties for each individual Job Order. Contractor shall self-perform Work amounting to at least 50% of the total value of Job Orders authorized at any point during the life of the Contract, unless this self-performance requirement is specifically waived in writing by the County for an individual Job Order. Any Job Orders wherein the County has specifically waived the self-performance requirement shall not count toward the calculation determining whether Contractor is meeting the self-performance requirement.

C. This is an indefinite-quantity Contract for the supplies or services specified and effective for the period stated. Work or performance shall be made only as authorized by Job

Orders issued in accordance with the ordering procedures clause. The Contractor agrees to furnish to the County when and if ordered, the supplies or services specified in the

Contract up to and including the quantity designated in the Job Orders issued as the maximum designated in the Contract.

D. Contractor being deemed non-responsive to a Request for Quote for either refusal to submit a quote as, defined in Section III.C below, or failure to comply with the quote time requirements, as outlined in Section III.G below, may be documented by a written notice from the County to the Contractor. The County may cancel the Request for Quote from the Contractor and prosecute the work another way. Consideration for future potential Task Orders with the Contractor during the duration of the Contract may require a letter of commitment describing available resources, self-performing expertise, responsive/responsible personnel dedicated to managing the Task Order, and any other information the County may request.

Two (2) or more written notices for being non-responsive to a Request for Quote may be deemed refusal or failure to prosecute the Work under the Contract and considered a material breach. County reserves the right to take any actions available under this Contract or the law in case of breach.

3.3. Ordering Procedures

A. Contractor Selection:

The County may award an individual Task Order to any awarded contractor. Selection of the contractor and award of the Task Order will comply with established County procedures and based on one or more of the following criteria:

1. Rotational selection among all contractors, unless otherwise determined by the

County.

2. Evaluation of past and current performance on Task Orders of a similar nature and type and size of work/project, construction management challenges, schedule performance, design management requirements, etc.

3. Balancing of workload (Task Order dollar volume and construction backlog) among contractors.

4. Management of Task Order dollar volume within bonding limitations of the contractor.

5. Price, as it relates to the County’s independent cost estimate.

6. Contractor’s responsiveness to the County on Task Orders.

7. Other appropriate criteria as deemed in the best interest of the County.

B. Joint Scope Meeting and Job Order Development

The County will issue, for each individual project, a Brief Scope of Work and Joint Scope Meeting invitation requesting the Contractor’s Superintendent and/or the County’s end user representative, to meet at the project site. Upon receipt of this notification, the Contractor agrees to respond to the County within two (2) working days by establishing verbal contact with the County. The

County, Contractor and other necessary parties will visit the proposed Work site and participate in a Joint Scope Meeting, which will include discussion and establishment of the following:

1. Detailed Scope of Work

2. Definition and refinement of requirements

3. Existing site conditions

4. Methods and alternatives for accomplishing Work

5. Requirements for plans, sketches, shop drawing(s), submittals, etc.

6. Tentative duration Work schedule

7. Preliminary quantity assumptions/estimates

8. Staging areas and site access

9. Special conditions regarding unique facility operations

10. Safety requirements

11. Hazardous Materials or site conditions

12. Other project requirements

As part of the required Joint Scope Meeting, the Contractor and the County will agree on a sequence of Work; means of access to the premises and building; space for storage of materials and equipment; Work and materials and use of approaches; use of corridors, stairways, elevators, and means of communications and the location of partitions, eating spaces, and restrooms for the

Contractor, for individual Job Orders. The Contractor agrees to be responsible for taking these factors into account when developing its Quotation.

The Detailed Scope of Work will be completed by the Contractor and submitted to the County for approval, prior to issuance of a Request for Quote. This Detailed Scope of Work must be submitted within forty-eight (48) hours or a mutually agreed upon time of the Joint Scope Meeting. If consultant services are required to clarify project requirements, they will be completed and submitted with the Scope of Work for County approval before a Request for Quote will be issued.

Unless waived in writing, the Contractor agrees to provide all documentation required to fully establish the Scope of Work including, but not limited to, shop drawings, sketches and/or specifications that comply with the Contract specifications and relate to the proposed project. This documentation will be provided for the purpose of defining scope, obtaining permits, and assisting the County in determining the best possible solution for repair and refurbishment issues. If the

County requests a change in the proposed Scope of Work, the Contractor agrees to submit a revised

Scope of Work reflecting all requested changes within forty-eight (48) hours.

C. Request for Quote

Once the project development stage and Joint Scope Meeting have produced a County approved

Detailed Scope of Work, the County will issue a Request for Quote (RFQ) to the Contractor. The

RFQ will include the Scope of Work approved by the County and other pertinent information with regards to scheduling, submittals, shop drawings and sketch requirements. The Contractor agrees to prepare and submit a Quote of Work.

D. Quote Development

The Contractor Quote agrees to be comprised of the following elements:

1. Detailed Cost Quote

a. Pre-Priced Work requirements: Pre-Priced Work requirements will identify the type and number of Work tasks required from the Job Order Contracts for Pavement

Maintenance Specifications and Unit Price List (UPL). The price per unit set forth in the

UPL shall serve as the base price for the purpose of the operation of this article. The

Contractor’s Quote shall include support documentation to indicate that adequate engineering and planning for the requirement has been done, and that the Work tasks proposed are reasonable for the Scope of Work. Documentation to be submitted with the

Quote shall include, but not be limited to, shop drawings, calculations, and specifications.

b. The total extended price for Pre-Priced Work requirements will be determined by multiplying the price per unit by the quantity required. The price offered in the

Quote will be determined by multiplying the total extended price by the appropriate Adjustment Factor.

2. Non-Pre-Priced Task Requirements

a. Units of Work not included in the UPL, but within the general scope and intent of this

Contract, may be negotiated into this Contract as needs arise. Such Work requirements 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 future UPL if determined appropriate by the County at the negotiated price. Non-Pre-

Priced Tasks shall be separately identified and submitted in the Quote. Whether a Work requirement is

Pre-Priced or Non-Pre-Priced is a final determination by the County, binding and conclusive on the

Contractor.

b. Information submitted in support of Non-Pre-Priced Tasks agree to include, but not be limited to, the following: complete specifications and technical data, including Work unit content, Work unit cost data, schedule requirements; quality control and inspection requirements. Pricing data submitted in support of Non-

Pre-Priced Tasks include a cost or price analysis report establishing the basis for selecting the approach proposed to accomplish the requirements. Unless otherwise directed by the County, cost data shall be submitted demonstrating that the

Contractor solicited and received three (3) bids. The Contractor shall not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use. The County may require additional quotes and bids if the suppliers or subcontractors are not acceptable for if the prices are not reasonable. The

Contractor agrees to provide an installed unit price (or demolition price if appropriate), which shall include all costs required to accomplish the Non-Pre-

Priced Task.

The final price submitted for Non-Pre-Priced (NPP) Tasks shall be calculated according to the following formula:

Contractor performed duties

A= The hourly rate for each trade classification not in the UPL multiplied by the quantity;

B= The rate for each piece of Equipment not in the UPL multiplied by the quantity;

C= Lowest of three (3) independent quotes for all materials.

Total for a Non Pre-Priced Task performed with Contractor’s Own Forces =

(A+B+C) x Factor of 1.10

Subcontractor performed duties

If the Non Pre-Priced Task is to be subcontracted, the Contractor must submit three (3) independent quotes for the Work.

D= Lowest of three (3) Subcontractor quotes.

Total cost of Non-Pre-Priced Tasks performed by Subcontractors = D x Factor of 1.05.

After being used on three separate Job Orders, the unit price for the Non-Pre-Priced Task may become fixed as a permanent Pre-Priced item, which will no longer require price justification.

The County’s determination as to whether a task is a Pre-Priced Task or a Non Pre-Priced Task shall be final, binding and conclusive.

1. Total Fixed Cost of the Quote

The total fixed cost of the Quote shall be determined by adding the total Quote price offered for Pre-Priced and Non-Pre-Priced Work units.

2. Submittals

All documents, shop drawings, and “As-Built” drawings shall be prepared such that the drawings meet all the requirements of Local, State, and Federal regulations, codes and directives. The Contractor agrees to also provide as necessary, the forms, studies, and other documentation required by applicable codes and agencies.

The Contractor agrees to ensure that all engineering solutions conform strictly to the guides and criteria outlined in Contract specifications. In case of uncertainty of detail or procedure, the Contractor agrees to request additional instruction from the County.

The Contractor is responsible for producing complete, competent, properly coordinated, and thoroughly checked documents.

At the Contractor’s expense, as part of their Adjustment Factors, the documentation noted above, shall be prepared and reviewed as necessary to ensure its compliance with all applicable laws and regulations.

3. Work Duration Schedule

With each quote, the Contractor agrees to furnish a Gantt chart Work duration schedule showing the order in which the Contractor proposes to perform the Work, the durations in which the Contractor is to perform the Work, and the relative dates on which the Contractor contemplates starting and completing project tasks, including the acquisition of materials, fabrication, and equipment. The County may determine the level of detail and number of tasks required to be included on the schedule. Unless otherwise specified, the schedule shall be in the form of a Gantt chart Work duration schedule of suitable scale to indicate appropriately the percentage of Work scheduled for Completion. At the discretion of the County, the Contractor may be required to furnish a Critical Path Method (CPM) schedule.

The purpose of the Work Duration Schedule is to ensure adequate planning, coordination and execution of the Work, and to evaluate the progress of the Work.

The schedule indicates the dates for starting and completing various aspects of the

Work including, but not limited to, on-site construction activities as well as the submittal, approval, procurement, fabrication, and delivery of major items, materials and equipment. The schedule indicates phasing of Work activities as required. The schedule provides the Contractor’s initial plan for the Work based on its understanding of the Detailed Scope of Work, with the critical path highlighted.

a. Schedule Approval; all project schedules will be subject to the County’s review and approval. The use of any particular scheduling system shall be subject to the approval of the County.

b. Schedule Updates; the Contractor agrees to maintain the Work duration schedule updates on an ongoing basis and, when the County requests it, include the updates in its payment request. The Contractor may be required to submit a narrative report with each monthly update which shall include a description of current and anticipated problem areas, delaying factors and their impact, and an explanation of corrective action taken or proposed. Failure to do so may be considered a material breach of the Contract. Any additional or unanticipated costs or expense required to maintain the schedules shall be solely the Contractor’s obligation and

Contractor agrees not to charge the County.

c. Adjustment of the Work duration schedule; the Contractor agrees that whenever it becomes apparent to the County, from the current monthly status review meeting or the schedule, that phasing or Job Order milestone dates will not be met, it will take some or all of the following actions at no additional cost to the County.

i. Increase construction manpower in such quantities and crafts as will eliminate the backlog of Work.

ii. Increase the number of working hours per shift, shifts per working day.

iii. Reschedule the Work under the Job Order in conformance with all other requirements. The Contractor agrees to be liable for any additional cost incurred by the County for the adjustment of project schedules.

iv. Prior to proceeding with any of the above actions, the Contractor agrees to notify and obtain approval from the County’s Project Manager for the proposed schedule changes. If such actions are approved, the Contractor agrees to incorporate the revisions into the schedule.

4. Subcontractor’s List

The Quote represents the Contractor’s offer to do Work, and as such, in accordance with Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of

California, the Contractor agrees to list, on the Subcontractor listing report, the name, business location and the California Contractor License number of each

Subcontractor that will perform Work, labor or render service on the Work in excess of one-half of one percent (1/2%) of the total Quote amount. Contractors and

Subcontractor which have been debarred from public works projects by the Labor

Commissioner may not perform Work under this Contract. The Contractor agrees to list project percentage of proposed Subcontractor and percentage of the project to be self-performed.

Contractor agrees to advise the County of any Subcontractor substitution(s) prior to commencement of subcontract Work and to only substitute Subcontractor as authorized under Public Contract Code sections 4100 et seq. Contractor may be subject to penalties in accordance to the above referenced sections for illegal

Subcontractor substitution.

Engineer, as a duly authorized officer, may consent to Subcontractor substitution requested by the Contractor subject to the limitations and notices prescribed in

Section 4107 of the Public Contract Code.

5. Electronic Quote

The Contractor agrees to transmit an electronic copy of the Quote, using the County furnished software, to the County.

6. Complete Quote

By submitting a signed Quote, the Contractor is agreeing to accomplish the Work outlined in the RFQ and the Detailed Scope of Work for that particular Job Order. It is the Contractor’s responsibility to include the necessary line items in the Quote prior to submitting it to the County. Errors and omissions in the Quotes shall be the responsibility of the Contractor. All costs associated with preparing Quotes shall be the responsibility of the Contractor. The County makes no commitment as to the award of individual Job Orders.

E. Quote Review

Each Quote received from the Contractor will be reviewed in detail for appropriateness of quantities and tasks selected. Submittals will be reviewed, as well as the Work duration schedule and list of Subcontractor. The County will evaluate the proposed Work units and may compare them with the independent County estimate of the same tasks to determine the reasonableness of approach, including the nature and number of Work units proposed. The County will determine whether the Contractor’s Quote is acceptable.

F. Project Approval

The County may issue a Job Order Authorization for the Work, to include the firm-fixed-price of the Job Order and the project duration. Contractor agrees that all clauses of this Contract are applicable to any Job Order issued hereunder.

The County reserves the right to reject a Contractor’s Quote based on unjustifiable quantities and/or methods, performance periods, inadequate documentation, or other inconsistencies or deficiencies on the Contractor’s part in the sole opinion of the County.

The County reserves the right to issue a unilateral Job Order authorization for the Work if a

Quote price cannot be mutually agreed upon. This is based upon unjustifiable quantities in the sole opinion of the County.

The County also reserves the right to not issue a Job Order Authorization if the County’s requirement is no longer valid or the project is not funded. In these instances, the Contractor has no right of claim to recover Quote expenses. The County may pursue continuing valid requirements by other means where Contract was not reached with the Contractor.

G. Quote Time Requirements

1. Quote Submittal

The Contractor agrees to respond to a Request for Quote within forty-eight (48) hours. Contractor’s response shall confirm receipt of the Request for Quote, and a mutually agreed upon date for submittal of Contractor’s detailed price Quote.

The Contractor agrees to make a thorough analysis of each Request for Quote and submit all requests for information to the County, in writing. All requests for information and the responses are to be documented in the Detailed Scope of

Work. The requests shall include supporting sketches or information necessary to properly convey requested information. Contractor shall submit recommended solution(s) review and consideration. The requests for information shall not extend the Quote due date unless mutually agreed to by the County.

2. Quote Review

The Contractor’s project manager or agent agrees to be available for Quote review meetings within twenty-four (24) hours of being notified by the County (via fax, e-mail, telephone, etc). After review of the Quote, the Contractor agrees to remove all inapplicable line items and adjust quantities as directed by the County.

3. Quote Modification

The Contractor will be granted only one opportunity to add new, valid line items that may have been omitted from its first Quote by submitting a second, revised

Quote. The Contractor agrees to submit the revised Quote within forty-eight (48) hours of the initial Quote review meeting, unless otherwise specified in writing. Upon review of the revised Quote, the Contractor agrees to remove all line items or adjust quantities deemed inappropriate by the County, and re-submit its

Quote within twenty-four (24) hours. No new line items may be added to the revised

Quote, nor may quantities be increased, nor modifiers added unless specifically agreed to in writing by the County’s subsequent Quote review.

4. Enforcement of Time Requirements

The Quote time requirements contained herein will be strictly enforced. Failure to comply may result in the Contractor being deemed non-responsive to the Request for

Quote. The County may cancel the Request for Quote from the Contractor and solicit another Contractor. The County may also deem the Contractor ineligible for any future JOC contracts.

3.4. Approval and Construction Procedures

A. Job Order Authorization (JOA)

Upon approval of the Scope of Work and the Contractor’s Quote, the County will issue a Job

Order Authorization to the Contractor. The Job Order Authorization will include the firm fixed price of the Job Order and the project duration. Once the Job Order Authorization has been issued the Contractor agrees to:

1. Initiate submission of required shop drawings and submittals to the County for review and approval.

2. Prepare a detailed Work duration schedule.

3. The Contractor agrees to not begin construction prior to the construction start date identified in the Notice to Proceed (NTP).

4. Upon issuance of the NTP, the County agrees to have the right to direct the

Contractor to withhold actual commencement of a Job Order in part or in whole, and the Contractor agrees to comply with such instructions. The Contractor agrees to be granted an extension of the completion time of the Job Order equal to the number of working days delay caused to County pursuant to Contractor's compliance with such instructions. The Contractor will not be entitled to any additional compensation due to the subject extension of the Completion time. The only compensation would be if a

Job Order is delayed in part, after Work has commenced, and the Contractor is required to perform additional Work to make the Work area safe or to perform additional scope as directed by the County. This additional Work will be considered additional Work and ordered as a separate Job Order.

B. Notice to Proceed (NTP)

Following the JOA and purchase order issuance, the County will issue a Notice to Proceed (NTP) that will provide the construction start date, the Work duration period, and the Substantial

Completion date. The Contractor agrees to begin and complete construction within the dates specified on the NTP. The County must approve all extensions of time in writing.

The County may also issue an Emergency NTP. In the event the County requires the Contractor to respond to an immediate request for work, a Job Order will be created and an Emergency NTP will be issued. The Contractor will be required to perform the Scope of Work included with the

Emergency NTP as directed by the County’s Project Manager or designee. The Detailed Scope of

Work, Quotation, Subcontractor Listing, Shop Drawings and required Non-Pre-Priced backup documentation will be submitted upon completion of the emergency work in accordance with the

Ordering Procedures detailed in Section III above.

C. Pre-Construction Meeting

No more than seven (7) days from the issuance of the NTP, unless the County grants additional time, the County will conduct a pre-construction meeting with the Contractor’s project manager, Subcontractors, and the end-user to determine the actual project schedule, project access requirements and to address and resolve any customer concerns.

D. Project Construction

The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress on the project is being accomplished. The Contractor’s Project Manager will ensure:

1. Coordination and providing supervision to all Subcontractor and workers;

2. Posting of the prevailing wage scale;

3. Maintaining a copy of the Contractors safety program manual made available to all construction personnel;

4. Conducting weekly on-site safety meetings;

5. Completing the daily labor and construction progress log on a daily basis and submit copies to the County on a daily basis. Copies of the previous day’s reports must be submitted by 9:00AM of the following day.

a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by trade providing services for the day.

b. Construction progress log is to include a narrative of the Work provided by trade(s). Narrative agrees to include the various areas of the jobsite where Work was performed and any problems or conditions that were encountered.

c. In the event the Contractor fails to provide a daily log and/or construction progress log, the County may impose damages against the Contractor in the amount of fifty dollars ($50.00) for each log and deduct from the Contractor’s payment request, for each day the Contractor does not provide the documentation.

6. County may suspend Contractor operations if no Contractor Superintendent is observed. All delays caused by the suspension will be the responsibility of the

Contractor. No time extension or claims for cost(s) associated with the suspension will be granted by the County.

E. Changed Work

Changed Work (all added or deleted Work), as it pertains to the approved Detailed Scope of Work included in a specific Job Order, shall be either changes directed by the County or unforeseen site conditions, which were not evident during the Initial Joint Scope Meeting. This additional Work will be considered a subsequent Job Order, for that specific project, and will be ordered, approved and executed as per the procedures set forth in this Contract.

A credit for Tasks that have been deleted from the Detailed Scope of Work will be given at 100% of the value at which they were included in the original Quote. Credits for Pre-Priced and Non

Pre-Priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate

Adjustment Factors. A Supplemental Job Order will be issued detailing the credit(s) due the

County.

F. Project Completion

The Contractor agrees to schedule a final job walk with the County. If required, the County will prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the “Punch

List” corrections and schedule a final project completion job walk. The County will sign the

“Punch List” as completed when determined, the project is finished. The Contractor agrees to submit the following along with its final payment request:

1. “Punch List” signed by the County;

2. Completed building inspection card;

3. All required warranties and maintenance requirements;

4. All record drawings or as-built drawings,

5. All required operation and maintenance manuals;

6. All keys and security entry cards;

7. Any other closeout items.

3.5. Contracts and Order of Precedence

In the event that any provision(s) in any component part of the Contract conflicts with any provision(s) of any other component part, the following order of precedence among the Contracts component parts shall govern:

A. Permits issued by jurisdictional regulatory agencies, B. Job Orders (including Scope of Work)

C. County -Contractor Contract

D. Supplemental Agreements

E. Addenda and Notices to Bidders

F. Approved Project Plans/Drawings/Specifications (detailed drawings take precedence over general drawings.

G. JOC Special Provisions

H. County Standard Plans

I. Referenced Specifications/Standard Plans

1. Standard Specifications for Public Works Construction

2. Caltrans Standard Specifications

3. Manufacturer’s Specifications

3.6. Permits, Business Licenses, Inspections and Warranty

A. Except as noted, the Contractor agrees to obtain and pay for all permits required for the

Work. Further, the Contractor agrees to obtain and pay for all permits incidental to the

Work or made necessary by Contractor's operation. The Contractor agrees to obtain all building permits. The Contractor will be reimbursed for all direct costs of permits without mark-up. The Contractor must submit the direct cost of all permits and inspection in the

Quote as a Non-Pre-Priced Task. Any permit and/or inspection fees not included in the

Quote will not be reimbursed by the County. The County is not responsible for any re-inspection(s) required due to the Contractor’s failure to pass initial inspection(s).

B. The Contractor will be required to obtain a city business license to perform the Work in the appropriate city, as specific in the Job Order.

C. To comply with Section 3800 of the Labor Code of the State of California, the Contractor and all Subcontractors requiring a permit (building, plumbing, grading, and electrical, etc.) agree to file a workers' compensation certificate with the County.

D. Exclusive of off-site inspection specified to be the County's responsibility, the Contractor agrees to arrange and pay for all off-site inspection of the Work including certification thereof required by the specifications, drawings, or by governing authorities.

E. The County will provide on-site inspection of the Work and will arrange for off-site inspection when specified in the Detailed Scope of Work. All other required inspections will be the responsibility of the Contractor.

F. The County will inspect the Work for code compliance as part of permits pulled. The

County will provide this inspection at no additional cost for the first inspection and for re-inspection. If the Contractor is unable to correct defective Work after one re-inspection, the County may charge the Contractor for additional re-inspection.

G. In addition to any other warranties in this Contract, or those provided by manufactures the Contractor warrants that Work performed under this Contract conforms to the

Contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any Subcontractor or supplier at any tier.

H. Corrections to Work may be required during the Work or the warranty period. The

County is expressly authorized at County's option to apply any sums withheld from progress payments toward the cost of such corrections.

I. This warranty shall continue for a period of one year from the date listed on the Notice of

Completion for the specific Job Order. If the County takes occupancy of any part of the

Work before Final Acceptance, a warranty covering that specific portion of the Work shall begin for a period of one year from the date the County takes occupancy. The

County will notify the Contractor in writing of the scope of any partial occupancy and the specific items under warranty.

J. The County will not pay any costs for licenses required in the performance of the Work.

The Contractor agrees to assume this responsibility in total.

K. As required by the Detailed Scope of Work for a specific Job Order, the County may be required to enter into Contracts with other Local, State and Federal Agencies to accomplish the subject Scope of Work. Agencies may include but are not limited

California Department of Fish and Game, US. Army Corps of Engineers, California

Regional Water Quality Control Board. The Contractor will be required to comply with the requirements set forth within the permit.

L. Best Management Practices (BMPs) may be required for specific Job Orders, which will be identified in the Detailed Scope of Work. All California Storm Water Quality

Association (CASQA) Construction BMPs may be viewed at www.cabmphandbooks.com. It is the Contractors responsibility to pay for all costs incurred by the specific BMPs. The County will not reimburse these costs.

M. As required by the Detailed Scope of Work, per a specific Job Order the following permits may apply and will be provided by the County:

1. NPDES Dewatering Permit

2. NPDS Municipal Storm Water Sewer System Permit

3. NPDES General Construction Permit

4. Any site specific permits identified by County

N. If applicable, the NPDES Watering Permit shall be provided in accordance with the following:

1. Construction Related Dewatering & De Minimus Discharges, Santa Ana Region:

a. The County has been issued Municipal NPDES Permit No. CAS618030, Order

No. R8-2009-0030, from the California Regional Water Quality Control Board, Santa Ana Region. Section III.3.ii. of this permit authorizes de minimus types of discharges listed in the Santa Ana Regional Board’s General De Minimus Permit for Discharges to Surface Waters, Order No. R8-2009-0003, from County owned and/or operated facilities and activities (including construction), outside of the

Newport Bay watershed.

b. A copy of the County’s Municipal NPDES Permit (Order No. R8-2009-0030) may be found on the internet at:

http://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders

/2009/09_030_oc_stormwater_ms4_permit.pdf

c. A copy of the Santa Ana Regional Board’s General De Minimus Permit for

Discharges to Surface Waters (Order No. R8-2009-0003) may be found on the internet at:

http://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders

/2009/09_003_deminimus_permit_wdr.pdf

d. For de minimus discharges outside of the Newport Bay Watershed, the Contractor is hereby directed to read and thoroughly comply with the language in Section

III.3.ii. of the County’s Municipal NPDES Permit (Order No. R8-2009-0030) and to consult the General De Minimus Permit (Order No. R8-2009-0003) for the types of de minimus discharges which are covered.

O. National Pollutant Discharge Elimination System (NPDES) Requirements (MS4 Permit)

1) County is subject to two Municipal NPDES Permits which authorize the discharge of stormwater from http://www.cabmphandbooks.com/ http://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders/2009/09_030_oc_stormwater_ms4_permit.pdf http://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders/2009/09_030_oc_stormwater_ms4_permit.pdf http://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders/2009/09_003_deminimus_permit_wdr.pdf http://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders/2009/09_003_deminimus_permit_wdr.pdf its municipal separate storm sewer system (MS4). Both require County to prepare and update a

Stormwater Program Local Implementation Plan (LIP), which details how compliance with the requirements of the MS4 Permits will be maintained.Contractor is directed to read thoroughly and comply with all requirements of Section A-8, Construction, of the County’s LIP. A copy of Section A-8 of the

LIP may be found on the internet at:https://ocerws.ocpublicworks.com/service-areas/oc-environmental-resources/oc-watersheds/documents/drainage-area-management-plan-92) Best Management

PracticesContractor and all of Contractor’s, subcontractors, agents, employees and contractors shall conduct operations under this Contract so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving

Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).Contractor shall comply with all water quality ordinances, permits and regulations. Contactor shall implement appropriate BMPs consistent with County’s

DAMP/LIP.

Minimum Construction Site/Project Management Measures

A. Pollution prevention where appropriate;

B. Development and implementation of a site-specific run-off management plan;

C. Minimization of areas that are cleared and graded to only the portion of the site that is necessary for construction;

D. Minimization of exposure time of disturbed soil areas;

E. Minimization of grading during the wet season and correlation of grading with seasonal dry weather periods to the extent feasible;

F. Limitation of grading to a maximum disturbed area as determined by…