JOC_2027_Sample_Agreement.pdf

PDF 683 KB Posted

Attached to
General Construction Job Order Contracts (JOC 2701-2706) - Class B License
Solicitation number
2027-RFP-00112
Issued by
San Mateo County, San Bernardino City, California

About this file

This is a Job Order Contract (JOC) sample agreement between San Mateo County and a qualified contractor for General Construction services (JOC 27__), Class B License. The contract covers provision of all labor, materials, tools, and equipment necessary to complete work as detailed in individual Job Orders issued by the County's Director of Public Works or designee. Work will be performed in designated areas of the County, though the County reserves the right to direct the contractor to any location or facility under its jurisdiction. The agreement has an initial term of one year, with all Job Orders required to be issued within one calendar year of the commencement date; however, the contract shall continue to cover Job Orders issued during that year until completion of the work. The apparent lowest, responsive, and responsible bidder is selected for each JOC but is excluded from consideration for successive contracts, with up to six contractors anticipated to be brought under contract. The initial contract amount is set at $1,000,000 for purposes of Payment Bond and Performance Bond calculations, with a maximum aggregate contract value not to exceed $6,000,000, though individual Job Order values may not exceed the bond amounts. Payment is contingent upon County acceptance of the project as evidenced by execution of a Notice of Completion.

Compensation is based on Unit Prices set forth in the Construction Task Catalog (CTC) as specified in each Job Order's Detailed Scope of Work, subject to adjustment factors for normal and other than normal working hours, detention facilities, HCAI facilities, and PLA compliance. There is no guaranteed minimum contract value, and the County does not guarantee the contractor will receive the full volume of work. Outstanding Job Orders are those not yet accepted by the County; the sum of outstanding Job Orders may never exceed the Payment Bond and Performance Bond amount. The contractor may not assign the agreement or any portion thereof to a third party without prior written consent from the County's Director of Public Works, with unauthorized assignment resulting in automatic and immediate contract termination without penalty or advance notice. Contract documents include the Job Order Contract Agreement, General Conditions, Special Provisions, Job Orders, Construction Task Catalog, and Technical Specifications. Payment for any work performed after the one-year contract term is subject to applicable restrictions under Public Contract Code Section 20128.5.

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Text version

JOB ORDER CONTRACT AGREEMENT

JOC 27__

THIS JOB ORDER CONTRACT (Agreement), is entered into this ____ day of ___________

20_____, by and between the COUNTY OF SAN MATEO, a Political Subdivision of the State of

California, hereinafter called the "County", and ___________________________ hereinafter called the "Contractor".

WITNESSETH that the Contractor and the County, in consideration of the mutual covenants, considerations and agreements herein contained, agree as follows:

STATEMENT OF WORK - The Contractor shall furnish all labor and materials and perform all work for: Job Order Contract for trade, JOC 27__, in strict accordance with the

Contract Documents. The Work of this Contract will be set forth in the Detailed Scopes of

Work referenced in the individual Job Orders. The Contractor is required to complete each

Detailed Scope of Work for the Job Order Price within the Job Order Completion Time.

AUTHORITY - A separate Job Order Authorization duly signed by the County’s Director of Public Works (or their designee) will be issued under this Agreement for each individual Job Order.

TIME FOR COMPLETION - The individual Job Orders to be performed under this Agreement shall each be commenced and completed by the dates prescribed in their respective Notices to Proceed.

DURATION - The term of this Job Order Contract is one year, except that the terms of this Agreement shall continue to cover Job Orders issued during that year until the Work thereunder has been completed. Accordingly, all Job Orders must be issued within one calendar year of the commencement date of this Agreement.

COMPENSATION TO BE PAID TO CONTRACTOR – In accordance with the Contract Documents, the County will pay, and the Contractor will accept, in full consideration for the performance of the Contract, the Unit Prices set forth in the Construction Task Catalog® (CTC) as defined in each Job Order Detailed Scope of Work (Work), subject to additions, deductions, procedures for payment, and the following Adjustment Factors:

Normal Working Hours Adjustment Factor

Other than Normal Working Hours

Detention Facilities Normal Working Hours

Detention Facilities Other than Normal

HCAI Facilities Normal Working Hours

HCAI Facilities Other than Normal

PLA Compliance Adjustment Factor

There is no Minimum Contract Value. The initial Contract amount shall be $1,000,000 for purposes of Payment Bond and Performance Bond amounts. The value of the total amount of Job Orders may be increased by the County, but in no event may the total value of Job Orders issued pursuant to this Contract exceed $_____________.

SAMPLE

At no time may the sum of the outstanding Job Orders exceed the amount of the Payment Bond and Performance Bond. A Job Order is outstanding until the County has accepted the Project described in the Job Order by execution of a Notice of Completion.

The Contractor will not be issued Job Orders which in total exceed the Maximum Contract Value. The Owner does not guarantee the Contractor will receive this volume of Work.

Payment for any Work performed after the one-year term of this Contract will be subject to any applicable terms or restrictions imposed by Public Contract Code Section 20128.5.

The Contract as defined in paragraph 1.1 of the General Conditions constitutes the sole agreement of the parties hereto relating to said work and correctly states the rights, duties, and obligations of each party as of the document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing.

Contractor shall not assign this Agreement or any portion of it to a third party to provide services required by Contractor under this Agreement without the prior written consent of the County, the Director of Public Works or his designee. Any such assignment without County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement without penalty or advance notice.

The Contract Documents consist of:

1. This Job Order Contract Agreement

2. The General Conditions

3. Special Provisions

4. Job Orders

5. Construction Task Catalog®

6. Technical Specifications

IN WITNESS WHEREOF, the parties hereto on the day and year first above written have executed this agreement in three counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original thereof.

COUNTY OF SAN MATEO

A Political Sub-Division of the State of California

By ________________________ ___________ President, Board of Supervisors

Attest:

Michael P. Callagy Clerk of the Board of Supervisors

Contractor

By __________________________________

SAMPLE

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