Model_Contract_Electrical_JOC_26-27_9.3.26_(3).pdf

County of Orange, John Wayne Airport IFB #280-3130601-TS Job Order Contract (JOC) for Electrical Services

COUNTY OF ORANGE MODEL CONTRACT

AGGREGATE JOB ORDER CONTRACT (JOC) [MA-280-TBD]

FOR

ELECTRICAL SERVICES

This Job Order Contract [TBD] for Electrical Services (“Contract”) is made and entered into as of the date fully executed by and between County of Orange, John Wayne Airport, a political subdivision of the State of California, (“County”) and [TBD], (“Contractor”), which are sometimes individually referred to as “Party”, or collectively referred to as “Parties.”

RECITALS

WHEREAS, County and Contractor are entering into this Aggregate Contract for Electrical Services at John Wayne Airport under a Usage Contract; and, WHEREAS, County solicited Job Order Contract (JOC) for Electrical Services as set forth herein, and Contractor has represented that it is qualified and capable to provide Electrical Services at John Wayne Airport as further set forth herein; and, WHEREAS, Contractor agrees to provide Electrical Services at John Wayne Airport as further set forth in the Scope of Work, attached hereto as Attachment A and incorporated herein; and, WHEREAS, County agrees to pay Contractor the fees as further set forth in Contractor’s Pricing, attached hereto as Attachment B and incorporated herein;

NOW, THEREFORE, the Parties mutually agree as follows:

DEFINITIONS

DEFINITIONS: The following terms shall have the definitions as set forth below:

1. A-E: The Architect or Engineer or his authorized representative retained by the County to design the work.

2. Adjustment Factor: The Bidder’s competitively bid price adjustment to the unit prices published in the Construction Task Catalog®.

3. Airport-secured area: a portion of an airport, specified in the airport security program, in which certain security measures specified in Title 49 of the Code of Federal Regulations are carried out. This area is where aircraft operators and foreign air carriers that have a security program under 49 CFR part 1544 or part 1546 enplane and deplane passengers and sort and load baggage and any adjacent areas that are not separated by adequate security systems, measures, or procedures.

4. Board of Supervisors: The governing body of the County of Orange.

5. Brief Scope of Work: The initial Scope of Work developed by the County Project Manager and is utilized to provide adequate information to schedule the Joint Scope Meeting.

6. Best Management Practices (BMPs): As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost-effective manner. Specific BMPs are found within the County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff.

7. Construction Task Catalog® (CTC): A comprehensive listing of specific construction related tasks identified by the County together with a specified unit of measurement and unit price. The price published in the CTC for a specific construction or construction-related task. The unit prices are fixed for the Term of this Contract. Each unit price is comprised of the labor, equipment and materials costs to accomplish that specific task.

8. Contract: Contract consists of Notice Inviting Bids, Job Order Contract Agreement, Performance Bond, Payment Bond, Certificates of Insurance, CTC, Specifications, Task Orders and all modifications and amendments hereto.

9. County: The County of Orange as a legal entity, a political subdivision of the State of California.

10. County Project Manager: The County’s assigned Project Manager.

11. DAMP/LIP: To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Orange County must adhere to.

12. Detailed Scope of Work: The complete description of services to be provided by the Contractor under an individual Job Order. Developed by the Contractor, after the Joint Scope Meeting and submitted for approval to the County Project Manager.

13. Director: The Director of John Wayne Airport, County of Orange, or a designated representative for the work.

14. Final Acceptance: All Work has been completed and accepted by the County. The Contractor has provided all required close-out documentation and items as required by the Detailed Scope of Work for the specific Job Order, and these items and have accepted and approved by the County.

15. Job Order: A written order issued by the County requiring Contractor the complete the Detailed Scope of Work within the Job Order Completion Time for the Job Order Price. Work may consist of one or more Job Orders.

16. Job Order Authorization (JOA): Issued upon acceptance of quote and the duration schedule, stating that the quote is a firm fixed price. Must be issued prior to issuance of a Notice to Proceed.

17. Job Order Completion Time: The time within which the Contractor must complete the Detailed Scope of Work.

18. Job Order Notice to Proceed (NTP): The document prepared by the County, based on the approved Job Order Quote, and issued to the Contractor which provides the specific instructions, specific bid items, and the duration to complete the approved Detailed Scope of Work.

19. Job Order Price: The value of the approved Job Order Price Proposal and the amount the Contractor will be paid for completing a Job Order.

20. Job Order Quote (Quote): Contractor’s irrevocable offer to perform Work associated with a Job Order and refers to the Contractor prepared document quoting a firm fixed-price and schedule for the completion of a specific Scope of Work. The Contractor’s Quote must be on forms provided by the County and in an electronic version compatible with the County’s systems. The Quote may also contain approved drawings, Work schedule, permits, or other such documentation as the County might require for a specific Job Order. Contractors are required to submit a detailed project schedule using a robust project management tool capable of handling complex schedules, resources, and project portfolios.

Preferred formats include Oracle Primavera P6 or Microsoft Project. The submitted schedule should clearly outline task sequencing, durations, dependencies, and critical path elements to ensure effective project tracking and coordination.

21. Joint Scope Meeting: A meeting at the Job Order location, attended by the Contractor and County and any other interested parties to outline the Scope of Work for the Task.

22. Maximum Potential Contract Amount: The maximum potential value of the Contract as defined on the Description of Work.

23. Minimum Contract Amount: There is no minimum amount of Work that the Contractor is guaranteed under this Contract.

24. Non-Pre-Priced (NPP) Tasks: The units of Work that are not included in the CTC but are still within the general Scope of Work requested by the County under the Contract.

25. Normal Working Hours: Means between the hours of 7:00 AM to 5:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and County holidays are excluded.

26. Other Than Normal Working Hours: Means Work done between the hours of 5:01 PM to 6:59 AM, on weekdays and any times during Saturday, Sunday, and County holidays.

27. Pre-Priced Task: A task described in, and for which a Unit Price is set forth, in the CTC.

28. Project: The work to be performed by Contractor on behalf of County pursuant to this Contract as described in individual Job Orders.

29. Request for Quote (RFQ): The County’s Request for Quote for a specific Job Order.

30. Specifications: The explicit requirements for the material, design, product, system or service and workmanship for the work to be utilized in completing each Job Order.

31. Stormwater Permit: The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System permits ("Stormwater Permits") to the County of Orange, the Orange County Flood Control District and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including from all County facilities on which Work within Contract is being performed. These permits are referred to as Stormwater Permits.

32. Unit Price: The price published in the CTC for a specific construction or construction-related task. Unit Prices for new Pre-Priced Tasks can be established during the course of the Contract and added to the CTC. The unit prices are fixed for the term of the Contract. Each Unit Price is comprised of the prevailing wage labor, equipment and materials costs to accomplish a specific task.

33. Work: The Work shall include, without limitation, all labor, materials, apparatus, supplies, services, facilities, utilities, transportation, manuals, warranties, training, and the like, necessary for the Contractor to faithfully perform and complete all of its obligations under the Contract.

ARTICLES

1. Scope of Contract: This Contract, including Attachments, specifies the contractual terms and conditions by which the Contractor will provide Electrical Services at John Wayne Airport under a Usage Contract, as set forth in the Scope of Work identified as Attachment A to this Contract.

2. Term: Following the Contract’s award by the Board of Supervisors, this Contract shall become effective

TBD if executed with all necessary signatures by this date, or upon the date of execution of all necessary signatures if execution occurs after TBD (“Date of Commencement”); and shall be effective for one (1) year from the Date of Commencement or until the maximum Contract amount is expended, whichever occurs first; or unless otherwise terminated.

3. Aggregate Contract: This is an Aggregate Contract with [TBD], with an Aggregate Contract Amount not to exceed $1,000,000, for a one-year term effective upon execution of the contracts. No Contractor shall be issued task orders under this Aggregate Contract if the sum of such task orders would exceed the statutory maximum permitted by Public Contract Code § 20128.5.

4. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the State of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty.

5. County's Representatives:

A. The Contract will be under the general direction of the Board of Supervisors. John Wayne Airport is the authorized representative of the Board of Supervisors and, under the Board of Supervisors, has complete charge of the Contract, and shall exercise full control of the Contract, so far as it affects the interest of the County.

B. The provisions in this Article or elsewhere in this Contract regarding approval or direction by the County, Board of Supervisors, John Wayne Airport, or action taken pursuant thereto are not intended to and shall not relieve the Contractor of responsibility for the accomplishment of the Work, either as regards sufficiency or the time of performance, except as expressly otherwise provided herein.

C. County’s Contract Administrator is the County's exclusive contact agent to the Contractor with respect to this Contract during construction and until the completion of the Contract. The County will assign Project Managers for individual Job Orders. The County may utilize the services of an Architect in relation to some, but not all Job Orders.

D. The County's communications with the Contractor and Architect shall be exclusively through the County's Project Manager.

E. County Project Manager shall at all times have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access.

F. The County and County Project Manager shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract documents.

G. The County and County Project Manager shall not be responsible for the failure of the Contractor to plan, schedule, and execute the Work in accordance with the approved schedule or the failure of the Contractor to meet the Contract completion dates or the failure of the Contractor to schedule and coordinate the Work of his own trades and subcontractors or to coordinate with others separate Contractors.

H. The County will not be responsible for the acts or omissions of the Contractor, or any subcontractor, or any Contractor's or subcontractor's agents or employees, or any other persons performing any of the Work.

I. County Project Manager has the authority to disapprove or reject Work on behalf of the County when, in the County Project Manager’s opinion, the Work does not conform to the Contract documents.

J. Whenever, in County Project Manager’s reasonable opinion, it is considered necessary or advisable to ensure the proper implementation of the intent of the Contract documents, County Project Manager has the authority to require special inspection or testing of any Work in accordance with the provisions of the Contract documents whether or not such Work shall then be fabricated, installed or completed.

K. County Project Manager has the authority to require special inspection or testing of the Work.

However, neither County Project Manager’s authority nor any decision made by the Project Manager in good faith whether to exercise or not to exercise such authority shall give rise to any duty or responsibility of the County to the Contractor, or any subcontractor, or any of their agents, or employees, or any other person performing any portion of the Work.

L. County Project Manager has the authority and discretion to call, schedule, and conduct job meetings to be attended by the Contractor, representatives of his subcontractors and the Architect and his consultants, to discuss such matters as procedures, progress, problems, and scheduling.

M. County Contract Administrator will establish procedures to be followed for processing all submittals, Change Orders, Invoices, other project reports, documentation and test reports.

N. County Project Manager will issue Job Order if required.

O. County Project Manager will review and process all Invoices by the Contractor.

6. Contractor:

A. Composition: If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

B. Superintendent: The Contractor shall maintain on site, at all times during the construction activities, a dedicated competent Superintendent. In addition to a General Superintendent and other administrative and supervisory personnel required for the performance of the Work, the Contractor shall provide specific coordinating personnel as reasonably required for interfacing of all the Work required for the total project, all satisfactory to County Project Manager. The superintendent shall not be changed except with consent of County Project Manager, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ, in which case he shall be replaced within 24 hours by a superintendent acceptable to County Project Manager. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor.

If Contractor elects to appoint a Contractor’s Project Manager, all relevant provisions of the above paragraph shall also apply to Contractor’s Project Manager. If Contractor elects to not appoint a Contractor’s Project Manager, any references to “Contractor’s Project Manager” in this Contract shall be deemed to be referring to Superintendent.

C. Licenses and Certificates: Contractor shall, at all times during the term of this Contract, maintain in full force and effect such licenses as may be required by the State of California or any other governmental entity for Contractor to perform the duties specified herein and provide the services required pursuant to this Contract. Contractor shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, state, or federal governmental entities.

D. Superintendent and County Project Manager: The Contractor shall provide County Project Manager with complete Work history profiles of management staff associated with this Project for County Project Manager review.

7. Usage: Unless otherwise specified herein, no guarantee is given by the County to the Contractor regarding usage of this Contract. Usage figures, if provided, are approximate, based upon the last usage.

The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at prices listed in the Contract, regardless of quantity requested.

8. Reports/Meetings: The Contractor shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this Contract. The County’s Project Manager and the Contractor’s Project Manager will meet at a County designated location to discuss the Contractor’s performance and progress under this Contract, at the request of the County’s Project Manager. If requested by County, the Contractor’s Project Manager and other project personnel shall attend all meetings. The Contractor shall provide such information that is requested by the County for the purpose of monitoring progress under this Contract.

9. Conflict Of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of County. This obligation shall apply to Contractor, Contractor’s officers, directors, employees, agents, and subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans, or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of County.

Contractor shall notify County, in writing, of any potential or actual conflicts of interest between Contractor and County that may arise prior to, or during the period of, Contract performance, including, but not limited to, whether any known County public officer’s child is an officer or director of, or has an ownership interest of ten (10) percent or more in, Contractor. While Contractor will be required to provide this information without prompting from County any time there is a change regarding conflict of interest, Contractor must also provide an update to County upon request by County.

10. Conflict Of Interest – County Personnel: County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any County employee for any purpose.

11. Ownership of Documents: The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative Work or materials furnished hereunder shall become, and remain, the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative Work or furnished materials shall be used by the Contractor without the express written consent of the County.

12. Title to Data: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.

13. Contractor’s Personnel: Contractor warrants that all Contractor personnel engaged in the performance of Work under this Contract shall possess sufficient experience and/education to perform the services requested by the County. County expressly retains the right to have any of the Contractor personnel removed from performing services under this Contract. Contractor shall effectuate the removal of the specified Contractor personnel from providing any services to the County under this Contract within one business day of notification by County. County shall submit the request in writing to the Contractor’s Project Manager. The County is not required to provide any reason, rationale or additional factual information if it elects to request any specific Contractor personnel be removed from performing services under this Contract.

14. Publication: No copies of sketches, schedules, written documents, computer based data, photographs, maps or graphs, including graphic art work, resulting from performance or prepared in connection with this Contract, are to be released by Contractor and/or anyone acting under the supervision of Contractor to any person, partnership, company, corporation, or agency, without prior written approval by the County, except as necessary for the performance of the services of this Contract. All press contacts, including graphic display information to be published in newspapers, magazines, etc., are to be administered only after County approval.

15. News/Information Release: The Contractor agrees that it will not issue any news releases or make any contact with the media in connection with either the award of this Contract or any subsequent amendment of, or effort under this Contract. Contractors must first obtain review and approval of said media contact from the County through the County’s Project Manager. Any requests for interviews or information received by the media should be referred directly to the County. Contractors are not authorized to serve as a media spokesperson for County projects without first obtaining permission from the County Project Manager.

16. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary, and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor's reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by Contractor after County approval thereof, County approval of Contractor's reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction.

17. Audits/Inspections: Contractor agrees to permit the County’s Auditor-Controller or the Auditor- Controller’s authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection.

The County reserves the right to audit and verify the Contractor’s records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law.

Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract.

Should the Contractor cease to exist as a legal entity, the Contractor’s records pertaining to this Contract shall be forwarded to the surviving entity in a merger or acquisition or, in the event of liquidation, to the County’s Project Manager.

18. Sub-Contractor Audit: Contractor shall include a clause in its contracts with subcontractors, and shall require subcontractors to include a clause in its contracts with sub-subcontractors, which reserves the right for a County representative to audit any cost, payment, or settlement resulting from any items set forth in this Contract during the performance of this Contract and for a period of 3 years, or longer if required by law, after final payment is made or until all disputes, appeals, litigation, or claims arising from this Contract have been resolved, whichever is later. This clause shall also require subcontractors to retain all necessary records for a period of not less than 3 years after final payment is made or until all disputes, appeals, litigation, or claims arising from this Contract have been resolved, whichever is later.

19. State Funds-Audits: When and if state funds are used in whole or part to pay for the goods and/or services under this Contract, the Contractor agrees to allow the Contractor’s financial records to be audited by auditors from the state of California, the County of Orange, or a private auditing firm hired by the state or the County. The County or state shall provide reasonable notice of such audit.

Pursuant to and in accordance with Section 8546.7 of the California Government Code, in the event that this Contract involves expenditures of Public funds aggregating in excess of Ten Thousand Dollars ($l0,000), the parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract.

The Contractor shall maintain records for all costs connected with the performance of this Contract including, but not limited to, the costs of administering the Contract, materials, labor, equipment, rentals, permits, insurance, bonds, etc., for audit or inspection by County, State, or any other appropriate governmental agency during the three (3) year period.

20. Hazardous Conditions: Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control devices as are necessary to prevent accidents or damage or injury to the public at Contractor’s expense and without cost to the County. The Contractor shall comply with County directives regarding potential hazards. In addition, the Contractor shall abide by the operational safety guidelines/requirements per the latest version of FAA Advisory Circular (AC) 150/5370-2G when performing construction or Work at the Airport.

Emergency lights and traffic cones must also be readily available at all times and must be used in any hazardous condition. Emergency traffic cones must be placed in front of and behind vehicles to warn oncoming traffic.

Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and Maintenance Work Zones, published by the state of California Department of Transportation and the guidelines/requirements of the FAA AC 150/5370-2G. The Contractor shall take proper safety and health precautions to protect the Work, the workers, the public, and the property of others. The Contractor shall also be responsible for all materials delivered and Work performed until completion and acceptance of the entire construction Work, except for any completed unit of construction thereof which theretofore may have been accepted.

21. Conditions Affecting the Work: The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions, which can affect the Work or the cost thereof for any Job Order. Any failure by the Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the County. The County assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract.

22. County's Property On Site: All fixtures, crops, trees, and all other personal property of the County located at the job site which are removed in the course of construction of the project remain the property of the County unless express provision to the contrary is made in the Contract between the Parties, and the Contractor shall exercise reasonable care to prevent loss or damage to said property and shall deliver promptly such property to the place designated by the County.

23. Protection: The Contractor shall take proper safety and health precautions to protect the Work, the workers, the public, and the property of others. Contractor shall comply with the provisions of the Construction Safety Orders issued by the State Division of Occupational Safety & Health. He shall also be responsible for all materials delivered and Work performed until completion and acceptance of the entire construction Work, except for any completed unit of construction thereof which until completion and acceptance of the entire construction Work, except for any completed unit of construction thereof which theretofore may have been accepted.

The Contractor shall maintain continuously adequate protection of all his Work from damage and shall protect the County's property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury or loss, except such as may be directly due to errors in the Contract documents or caused by agents or representatives of the County. He shall adequately protect adjacent property as provided by law and the Contract documents and shall maintain reasonable security of the site at all times. He shall limit visitors to the site to those necessary for construction and inspections.

Visitors for other purposes shall be referred to John Wayne Airport. Contractor's and subcontractors' employees shall possess means of identification at all times as required by John Wayne Airport while on the job site.

In an emergency affecting the safety of life or of the Work or of adjoining property, the Contractor, without special instruction or authorization from the A-E or County, is hereby permitted to act at his discretion to prevent such threatened loss or injury. He shall so act if directed or instructed by John Wayne Airport. Any dispute as to compensation claimed by the Contractor on account of emergency Work shall be determined by agreement as hereinafter set forth.

John Wayne Airport may notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct such conditions. Such notices, when delivered to the Contractor or his representative at the site of the Work, shall be deemed sufficient for said purpose. Failure of receipt of such notice from John Wayne Airport shall not relieve the Contractor of responsibility.

If the Contractor fails or refuses to comply promptly, John Wayne Airport may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs or damages to the Contractor. The Contractor will be responsible for ensuring that his subcontractors comply with the provisions of this Clause.

Contractor shall comply with County’s Safety and Loss Prevention Policy and Procedure #306 (“Contractor Safety Responsibilities”) and submit a copy of its Injury and Illness Prevention Program (IIPP), Jobsite Safety Inspection Checklist, and Contractor Safety-Activity Checklist to the designated County Procurement staff as part of the solicitation and/or contract process. Contractor will notify County Project Manager of any revisions to the Safety-Activity Checklist and will provide a new Safety-Activity Checklist upon County request. The IIPP shall comply with California Code of Regulations, Title 8, Section 1509 or 3203 (whichever applies). Contractor shall submit other safety programs that pertain to the type of job that will be performed on site. County reserves the right to conduct inspections and audits as necessary for the purpose of evaluating any aspect of safety performance under this Contract.

Contractor is required to provide a Safety Data Sheet (SDS) compliant with California Code of Regulations, Title 8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to County. The SDS for each substance must be sent to either the County Project Manager, as specified in the “Notices” provision of this Contract, or to the place of shipment or provision of goods/services.

24. Access and Security Requirements: Contractor, Contractor’s employees and Contractor’s subcontractors must complete the following in order to obtain an Airport-Issued Security Identification Badge (ID Badge).

A. Airport-Issued Badge Acquisition, Retention, and Termination: Prior to issuance of airport security ID Badge(s), designated Contractor personnel who shall be working on-site in JWA restricted areas and engaged in the performance of work under this Contract must pass JWA’s security screening requirements, which include fingerprinting to complete an F.B.I. Criminal History Records Check (CHRC) and a Security Threat Assessment (STA). Contractor should anticipate four to six weeks for new employees to receive an airport security ID badge which includes the following general steps:

1. Company designates at least two representatives as Authorized Signatories by submitting a letter on company letterhead using the airport’s template.

2. Subcontractors and tenant contractors must also have two Authorized Signatories at a minimum.

3. All company employees requiring unescorted access to restricted airport areas are scheduled for fingerprint appointments.

4. Background check fees are provided at the first appointment

5. Employees must provide two government-issued IDs at the first appointment.

6. STA and/or CHRC results are received.

7. All ID Badge applicants successfully passing the STA and/or CHRC are scheduled for required training.

8. ID Badge related fees are provided and any additional information requested is provided at the training appointment.

9. Upon successful completion of the required training, employees will receive their ID Badge.

10. Authorized Signatories are required to maintain the ID Badge process for the onboarding of future employees, employee ID Badge renewals, scheduling, and other actions detailed below.

Contractor’s designated personnel must, at a minimum, complete the following required training based on contractors work to be provided and access areas:

1. Authorized Signatory Training: All organizations must designate at least two Authorized Signatories by providing a letter on company letterhead using the ID/Access Control Office template. The designated Authorized Signatories will be responsible for the entire ID Badge process for their organization including, but not limited to, the onboarding of new employees, renewing employees, scheduling employees for appointments, payment coordination, ID Badge audits, resolution to safety/security violations caused by the organizations employees, subtenants, or subcontractors. Authorized Signatories must attend this approximate 1 hour course initially and annually.

2. Security Identification Display Area (SIDA) Training: All employees with an operational need to have unescorted access to the Airport SIDA must complete this approximate 1.5 hour course and pass a written test.

3. Sterile Area (Elevator) Training: All Non-SIDA employees with an operational need to have unescorted access to the Sterile Area of the terminal must complete an approximate 30-minuite training session and pass a written test.

4. Non-Movement Area or Movement Area Driver Training: All employees with an operational need to drive on airfield service roads and/or ramps must attend the approximate 1-hour Non-Movement

Area Driver course and pass a written test. Employees with an operational need to drive on active taxiways and/or active runways must coordinate this training with the Airport Operations Division.

5. Contractors’ designated personnel must successfully complete the badge acquisition within six weeks of Contract execution, unless other arrangements have been coordinated by County Project Manager or designee in writing.

6. All personnel assigned to this contract must be in possession of a current, valid Airport-Issued ID Badge prior to fulfilling an independent shift assignment.

7. Contractor is responsible for terminating and retrieving Airport-Issued ID Badges as soon as an employee no longer needs unescorted access to airport restricted areas. Terminated ID Badges must be returned to the ID/Access Control office within three business days. Failure to do so will result in a $250.00 fee.

8. Contractor shall be responsible for all costs associated with the Airport-Issued ID Badge process.

The ID/Access Control Office maintains the current list of fees. Below is a list of estimated costs for new ID Badge applications and ID Badge renewals:

• STA Fee: Approximately $11.00

• Fingerprint/CHRC Fee: Approximately $31.00

• ID Badge Fee: Approximately $10.00

• Terminated, Unreturned ID Badge Fee: Approximately $250.00

9. Contractor shall abide by all the security requirements set forth by the Transportation Security Agency (TSA) and JWA.

B. Airport Driving Endorsement: In addition to obtaining a JWA access control badge, Contractor’s service staff with an operational need to drive on airport service roads and ramps must also take an Airport provided training course and pass a test to acquire an airfield driving endorsement.

Some Air Operations Area projects will require vehicles to be equipped with visible company placards on both sides of the vehicle, an orange/white checkered flag, an amber, rotating beacon, and a two-way radio to monitor FAA Air Traffic Control Tower frequencies; or be escorted by a vehicle with this equipment and markings. Only vehicles, equipment, and personnel who have prior authorization by the ASP may operate on runways, taxiways and movement areas, or cross runways and taxiways. Under no circumstance shall any vehicle operate on or cross a runway, taxiway, or any movement areas unless permission from the Tower is granted. Vehicles requiring an escort must be escorted by Airport Operations, or authorized company vehicles, equipped with two-way radios, and in constant radio communication with the FAA Tower Control.

C. Airport ID Badge Holder Requirements and Responsibilities: TSA approved security program for JWA requires that each person issued a JWA security badge is made aware of his/her responsibilities regarding the privilege of access to restricted areas of JWA.

1. All persons within the restricted air operation areas of JWA are required to display, on their person, a JWA security badge; unless they are specifically exempted for safety reasons or they are under escort by a properly badged individual. Each JWA employee, JWA Contractor, subcontractor or tenant employee who has been issued a JWA security badge is responsible for challenging any individual who is not properly displaying a JWA issued or approved and valid identification badge.

Any person who is not properly displaying or who cannot produce a valid JWA security badge must immediately be referred to the Sheriff's Department - Airport Police Services Office for proper handling.

2. JWA security badge is the property of County and must be returned upon termination of Contractor personnel employment and/or termination, expiration or completion of Contract. The loss of a badge shall be reported within 24 hours to the Sheriff's Department - Airport Police Services by calling (949) 252-5000. Individuals that lose their badge shall be required to pay a fee before receiving a replacement badge. The charge for lost badge replacement shall be at the current posted rate located in the JWA Administration Office. A report shall be made before a replacement badge shall be issued.

3. JWA security badge is nontransferable.

4. In the event that a contractor’s badge is not returned to JWA upon termination of Contractor personnel employment and/or termination or expiration of Contract, a fine of $250.00 per badge shall be charged to Contractor. Contractor’s final payment may be held by County or a deduction from contractor’s payment(s) may be made to ensure that funding is available to cover the fine in the event that badges are not returned.

5. Contractor shall submit the names, addresses, and driver’s license numbers for all Contractor personnel who shall be engaged in work under this Contract to County Project Manager within seven days after award of the Contract or within seven days after the start of any new Contractor personnel and/or prior to the start of any work.

6. No worker shall be used in performance of this work that has not passed the background check.

25. Anti-Idling Policy: Within six months of Contract execution, Contractor must develop, implement and submit to the Airport Director for approval a fleet-wide anti-idling policy. At a minimum, the anti-idling policy shall include the requirement that vehicle engines shall be turned off when vehicles are not occupied, and that occupied vehicles be turned off after no more than a five-minute idling period.

Contractor’s policy shall also include all third-party vehicles that enter Airport property at the direction of Contractor.

26. Safety: Contractor shall submit to County for approval by JWA a Project-Specific Safety & Health Plan within ten (10) calendar days from the Contract Award Date, in accordance with the General Requirements. JWA shall have up to fourteen (14) calendar days to approve or disapprove such plan.

The failure by the Contractor to submit an acceptable Project-Specific Safety & Health Plan and/or to meet the health and safety requirements of its safety plan, JWA’s safety plan, the requirements set forth in this Agreement or any ordinances, regulations, laws, or customary industry or trade practices relating to health and safety, shall be grounds for the County to reject, in its entirety, any request for payment by the Contractor, withhold payments due to the Contractor, and order that all work be stopped. Should JWA stop work, Contractor may only resume work upon Contractor’s submission and JWA’s approval of a revised Project-Specific Safety & Health Plan. Contractor is not entitled to damages as a result of such stoppage of work. Failure of the Contractor to maintain a healthy and safe environment in accordance with the requirements of this Agreement shall constitute a material breach of this Agreement.

Delays to the Schedule that may be incurred by the Contractor resulting from an unapproved safety plan, revised safety plan, or work stoppage for reasons related to safety are inexcusable and non-compensable.

27. Operational Requirements: The Contractor shall not interrupt any operation of JWA in the performance of the work without prior written approval by JWA. County may stop work if Contractor interrupts the operation of any County or Federal facility, equipment, or system. Should the County stop work, such work may only resume upon Contractor submission, and upon County approval, of a revised Construction Execution Plan. Contractor is not entitled to damages as a result of such stoppage of work. Any Contractor interruption may constitute a material breach of this Contract.

28. Quality Control: Contractor shall submit to County for approval, a Quality Control Plan within ten (10) calendar days from the Contract Award Date, in accordance with the General Requirements. County shall have up to fourteen (14) calendar days to approve or disapprove such plan. The failure by the Contractor to submit an acceptable Quality Control Plan or meet the Quality Control requirements of this Agreement shall be grounds for the County to reject, in its entirety, any request for payment by the Contractor, withhold payments due to the Contractor, and order that all work be stopped. Should County stop work, such work may only resume upon Contractor submission, and upon County approval, of a revised Quality Control Plan. Contractor is not entitled to damages as a result of such stoppage of work. Failure of the Contractor to meet the quality requirements of this Agreement may constitute a material breach of this Agreement. Delays to the Schedule that may be incurred by the Contractor resulting from an unacceptable Quality Control Plan, revised Quality Control Plan, or work stoppage for reasons related to its Quality Control Plan(s) are inexcusable and non-compensable.

29. Storm Water Pollution Prevention Plan (SWPPP): Contractor shall submit to County for approval by JWA a SWPPP within twenty-one (21) calendar days following the Contract Award Date when one is required according to JWA. JWA shall have up to fourteen (14) calendar days to approve or disapprove such plan. Failure by the Contractor to submit an acceptable SWPPP or meet the requirements of the JWA-approved SWPPP shall be grounds for the County to reject, in its entirety, any request for payment by the Contractor, withhold payments due to the Contractor, and order that all work be stopped. Should JWA stop work, such work may only resume upon Contractor submission, and upon JWA approval, of a revised SWPPP. Contractor is not entitled to damages as a result of such stoppage of work. Failure of the Contractor to comply with the JWA-approved SWPPP, or any revised SWPPP, or otherwise comply with SWPPP requirements of this Agreement may constitute a material breach of this Agreement. Delays to the Schedule that may be incurred by the Contractor resulting from an unacceptable SWPPP, revised SWPPP, or work stoppage for reasons related to its SWPPP are inexcusable and non-compensable.

30. Construction Execution Plan: Contractor shall submit to County for approval a Construction Execution Plan (CEP) for the work within ten (10) calendar days of the Contract Award Date in accordance with the General Requirements. County shall have up to fourteen (14) calendar days to approve or disapprove such plan. The failure by the Contractor to submit an acceptable CEP as provided hereinabove, or meet the CEP requirements of this Agreement, shall be grounds for the County to reject, in its entirety, any request for payment by the Contractor, withhold payments due to the Contractor, and order that all work be stopped. Should County stop work, such work may only resume upon Contractor submission, and upon County approval, of a revised CEP. Contractor is not entitled to damages as a result of such stoppage of work. Delays to the Schedule that may be incurred by the Contractor resulting from an unacceptable CEP, revised CEP, or work stoppage for reasons related to its CEP are inexcusable and non-compensable.

31. Responsibility For Damages Or Injury: The County its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (collectively “County Indemnitees”) shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Project or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Project; for injury to or death of any person either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, or his workers, or anyone employed by him.

The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to…