Job Order Contracting Services JOC SUPPLEMENTAL CONDITIONS Page | 1

Job Order Contracting Services

JOC SUPPLEMENTAL CONDITIONS

For Trade Job Order Contracts

Table of Contents Part One. .................................................................................................... JOC Instructions to Proposers

Part Two. .................................................................................................... Procedure for Ordering Work

Part Three................................................................................................... Additional Federal Provisions

Part Four. ............................................................................................... Online CTC Viewer Instructions

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PART ONE: JOC INSTRUCTIONS TO PROPOSERS

1. DESCRIPTION OF THE WORK:

1.1. The Work will be set forth in the Detailed Scope of Work for 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. The Contractor will be required to perform Work at any site or facility under the jurisdiction of the County.

2. PRE-PROPOSAL MEETING

2.1. A pre-proposal meeting will be conducted via GoToWebinar Virtual Conference (details below). Attendance at the pre-proposal meeting is strongly encouraged. The purpose of the pre-proposal meeting is to discuss the JOC concept and documents, answer questions and discuss JOC from the contractor’s perspective. If you plan to attend, please download the confirm you can access GoToWebinar meetings prior to the date of the meeting.

2.2. Proposers are requested to register for the pre-proposal meeting in advance. You can register for the meeting using the link provided below

Date/Time: Thursday December 18, 2025 at 10:00 am EST

Meeting Registration: https://attendee.gotowebinar.com/register/7984612111056759388

3. CONTRACT TERM:

3.1. The Base Term of the Contract is one year. There are four (4) bilateral Option Terms.

Both parties must agree to extend the Contract for an Option Term. The duration of each Option Term is one year.

3.2. The County and the Contractor may agree to extend the term of an Option Term.

3.3. All Job Orders issued during any term of this Contract shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such period has expired. All terms and conditions of the Contract apply to each Job Order.

3.4. Contracting is an indefinite quantity Contract in which the Contractor is not guaranteed any Work. As the need exists, the County, may issue Job Orders to performing Contractors.

4. CONTRACTOR’S OPTION TO WITHDRAW

4.1. The Contractor may withdraw from the Contract at the expiration of the Base Term. In the event the Contractor elects to withdraw from the Contract, it must provide to the County 90 days written notice of its intent to withdraw.

4.2. Exercising an option to withdraw shall not relieve either party from its obligations with respect to Job Orders issued prior to such withdrawal.

https://attendee.gotowebinar.com/register/7984612111056759388

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5. CONSTRUCTION TASK CATALOG® (CTC) AND TECHNICAL SPECIFICATIONS

5.1. The Construction Task Catalog and Technical Specifications are included as a Contract Document by reference and are available for download as separate PDF documents.

Use the link below to access the Construction Task Catalog and Technical Specifications:

5.2. PDF File: https://fortive.box.com/s/y4r87k7sgbk4jzbdx48wb5ek5ltsdkhp

5.3. Online CTC Viewer:

5.3.1. Link to Access CTC Viewer: https://ctc.egordian.com/

5.3.2. Access Code: 3JP8ZBBU

5.3.3. For detailed instructions on how to navigate the Online CTC Viewer, refer to Part Four of these JOC Supplemental Conditions.

6. ADJUSTMENT FACTORS

6.1. There are five Adjustment Factors for the Dorchester County Contract. When preparing a Price Proposal, the Contractor shall select the appropriate Adjustment Factor. The Adjustment Factors are as follows:

6.1.1. Non-Secure Areas, Normal Working Hours Adjustment Factor: Monday through Friday 8:00 am to 5:00 pm except County holidays.

6.1.2. Non-Secure Areas, Other Than Normal Working Hours Adjustment Factor: Monday through Friday 5:01 pm to 7:59 am and all-day Saturday, Sunday and County holidays.

6.1.3. Secure Areas, Normal Working Hours Adjustment Factor: Monday through Friday 8:00 am to 5:00 pm except County holidays.

6.1.4. Secure Areas, Other Than Normal Working Hours Adjustment Factor:

Monday through Friday 5:01 pm to 7:59 am and all-day Saturday, Sunday and County holidays.

6.1.5. Non Pre-Priced Adjustment Factor: The Non Pre-Priced Adjustment Factor is for work tasks not identified in the Construction Task Catalog. This Job Order Contract includes a provision for establishing prices for work requirements which are within the general scope of Job Order Contracting but were not included in the CTC at the time of award. These tasks are referred to as Non Pre-Priced Tasks (NPP). NPP Tasks may require new specifications and drawings and may subsequently be incorporated into the CTC. Proposers will offer an Adjustment Factor to be applied to the actual material equipment and labor cost for the NPP work tasks.

6.2. The Adjustment Factor for Non-Secure Areas, Other Than Normal Working Hours must be equal to or greater than the Adjustment Factor for Non-Secure Areas, Normal Working Hours.

6.3. The Adjustment Factor for Secure Areas, Other Than Normal Working Hours must be equal to or greater than the Adjustment Factor for Secure Areas, Normal https://fortive.box.com/s/y4r87k7sgbk4jzbdx48wb5ek5ltsdkhp https://ctc.egordian.com/

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Working Hours.

6.4. The Non Pre-Priced Adjustment Factor must be equal to or greater than a 1.0000.

6.5. For price evaluation purposes only, the following weight multipliers shall be used to determine the Award Criteria Figure:

Adjustment Factor % Weight Multipliers (For Evaluation Only)

Non-Secure Areas, Normal Working Hours 40%

Non-Secure Areas, Other than Normal Working Hours

30%

Secure Areas, Normal Working Hours 15%

Secure Areas, Other than Normal Working Hours

10%

Non Pre-Priced Adjustment Factor 5%

6.6. All Unit Prices listed in the Construction Task Catalog are priced at a net value of

1.0000. The

6.7. Adjustment Factors shall be an increase or decrease to all the Unit Prices listed in the Construction Task Catalog. For example, 1.1000 would be a 10% increase to the Unit Prices and 0.9500 would be a 5% decrease to the Unit Prices. Bidders who submit separate Adjustment Factors for separate Unit Prices will be considered non-responsive and their bid will be rejected.

7. SELF-PERFORMANCE REQUIREMENTS

7.1. The Contractor shall perform with its own organization and forces not less than the 51% of the total amount of labor hours performed at the Project Site through the working foreperson level. Note: The County has determined that the percentage of self-performance is a critical performance criteria. As such, failure to achieve or exceed the self-performance requirements will constitute a reason to terminate the Contract. As requested, the Contractor shall provide a report to the County showing the amount of self-performance achieved by project and total accumulative amount.

The self-performance percentage calculation shall not include field superintendents or office management personnel.

8. PERFORMANCE AND PAYMENT BONDS

8.1. If required for a Job Order, the Contractor must deliver to the County an executed Payment Bond and Performance Bond in an amount equal to 100% of the Job Order Price. Contractor shall supply such bonds within 7 days after receiving a request for such bonds. The bonds shall be identical in all respects to the form of bonds approved by the County with no variations, additions, or deletions. The Contractor shall be compensated for the cost of the bonds up to 2% of the Job Order Price through the

JOC SUPPLEMENTAL CONDITIONS Page | 5 reimbursable work task in the Construction Task Catalog®. The Contractor shall submit documentation, acceptable to the County, establishing the cost of the bonds.

9. GEOGRAPHIC AREA OF WORK

9.1. The work for this Contract is for work on sites and facilities under the jurisdiction of Dorchester County.

10. JOC ADMINISTRATIVE FEE

10.1. Dorchester County (“County”) selected The Gordian Group’s (Gordian) Job Order Contracting (JOC) Solution for their JOC program. The Gordian JOC SolutionTM includes Gordian’s proprietary JOC Information Management System (“JOC IMS”), JOC Applications, construction cost data, and Construction Task Catalog® which shall be used by the Contractor solely for the purpose of fulfilling its obligations under this Contract, including the preparation and submission of Job Order Proposals, Price Proposals, subcontractor lists, and other requirements specified by the County. The Contractor shall be required to execute Gordian’s General Terms of Use and pay a JOC Administrative Fee to obtain access to the Gordian JOC SolutionTM. The JOC Administrative Fee applies to all Job Orders issued to the Contractor under the terms of the Contract. The JOC Administrative Fee shall be equal to 6.00% of the Job Order Price. The Contractor shall include the JOC Administrative Fee in the Adjustment Factors.

10.2. Within two business days of receipt of a Purchase Order from the County or another Owner, the Contractor must provide notification to Gordian by forwarding a copy of the Purchase Order to Gordian.

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10.3. The Contractor shall keep Gordian reasonably informed of the construction status of each active Job Order under construction, which shall include responding to Gordian inquiries regarding construction status within 5 days. Additionally, the Contractor shall:

10.3.1. Within two business days of receipt of a Purchase Order (or similar document) from an Entity, the Contractor must provide notification to Gordian by forwarding a copy of the Purchase Order to Gordian.

10.3.2. Within two business days of receiving initial payment from an Entity, the Contractor must provide notification to Gordian of the initial payment by forwarding a copy of the submitted invoice to Gordian.

10.4. Unless otherwise agreed with Gordian, Contractor shall make progress payments for the JOC Administrative Fee in proportion to the percentage of construction completed to be invoiced at milestones reasonably established by Gordian. Contractor shall pay all Gordian invoices within thirty (30) days of date of invoice and payment will be sent as specified by Gordian. JOC Administrative Fees not paid by the specified deadline shall bear an interest rate of 1.5% per month until paid or the maximum rate allowed by law, whichever is less.

10.5. Dorchester County designates Gordian as its contract administrator. The JOC Administrative Fee payments must be made payable to The Gordian Group and sent to the following address:

The Gordian Group, Inc.

PO Box 74008498 Chicago, IL 60674-8498

10.6. Upon the Contractor’s receipt of the initial payment from the County, Gordian will invoice the Contractor for the JOC Administrative Fee. Contractor shall remit payment to Gordian within thirty (30) days of the date of the invoice. Any amounts arising in relation to money not paid when due will be subject to a late charge of (1.5%) per month on the unpaid balance or the maximum rate allowed by law, whichever is less.

10.7. The County, or Gordian may request records from the Contractor for all purchases through this Contract and payment of all JOC Administrative Fees. If a discrepancy exists between the purchasing activity and the JOC Administrative Fees paid, the County, or Gordian will provide written notification to the Contractor of the discrepancy and allow the Contractor ten (10) days from the date of notification to resolve the discrepancy. In the event the Contractor does not resolve the discrepancy to the satisfaction of the County, or Gordian reserve the right to engage a third party to conduct an independent audit of the Contractor’s records and, in the event Contractor is not in compliance with this Contract, Contractor will, in addition to any JOC Administrative Fees due, reimburse the appropriate party for the cost and expense related to such audit.

10.8. The County, and Contractor hereby acknowledge Gordian, as the designated contract administrator. In the event any court action is brought to enforce payment of the JOC Administrative Fees set forth above by any party or third-party beneficiary of this Contract, the prevailing party will be entitled to an award of reasonable attorneys’ fees

JOC SUPPLEMENTAL CONDITIONS Page | 7 and collection costs.

11. LICENSE REQUIREMENTS:

11.1. The Contractor and its subcontractors must obtain and maintain as current all licenses required by state or local laws, codes, regulations, or rules. The Contractor shall upon request at any time during the term of this Contract submit to the County evidence that it and its subcontractors hold the required licenses.

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PART TWO: PROCEDURE FOR ORDERING WORK

1. DEFINITIONS

1.1. Adjustment Factor - A competitively proposed adjustment to be applied to the Unit Prices listed in the Construction Task Catalog®.

1.2. Award Criteria Figure - The sum of the extended totals as calculated in the on the Bid Proposal Form, which is used for the purposes of determining the lowest proposed price.

1.3. Base Term - The initial period of the Contract and does not include any Option Terms.

1.4. Construction Task Catalog® - A comprehensive listing of construction related tasks together with a specific unit of measure and a published Unit Price.

1.5. Detailed Scope of Work - A document setting forth the work the Contractor is obligated to complete for a particular Job Order.

1.6. Estimated Annual Value - An estimate of the value of Job Orders that could be issued to the Contractor each year.

1.7. Job Order - A written order issued by the County requiring the Contractor to complete the Detailed Scope of Work within the Job Order Completion Time for the Job Order price. A project may consist of one or more Job Orders. Also known as “Task Order.”

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

1.9. Job Order Price - The value of the approved Price Proposal and the amount the Contractor will be paid for completing the Detailed Scope of Work within the Job Order Completion Time. Also known as “Contract Price.”

1.10. Job Order Proposal - A set of documents including: (a) Price Proposal; (b) construction schedule; (c) list of proposed subcontractors; and (d) other requested documents.

1.11. Joint Scope Meeting - A meeting at the site to discuss the work to be performed before the Detailed Scope of Work is finalized.

1.12. Non-Prepriced Task - A task that is not set forth in the Construction Task Catalog®.

1.13. Non-Secure Area – Includes any area that is not designated as a Secure Area.

1.14. Normal Working Hours - Includes the hours from 7:00 a.m. to 5:00 p.m. Monday through Friday, except for County holidays.

1.15. Other Than Normal Working Hours - Includes the hours of 5:01 p.m. to 6:59 a.m.

Monday through Friday and all day Saturday, Sunday, and County holidays.

1.16. Option Term- An additional period of time beyond the Contract Term which extends the termination date of the Contract.

1.17. Prepriced Task - A task set forth in the Construction Task Catalog®, which includes a description of the task, a unit of measure, and a unit price.

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1.18. Price Proposal - A document prepared by the Contractor that includes Prepriced Tasks, quantities, appropriate Adjustment Factors, and Non-Prepriced Tasks required to complete the Detailed Scope of Work.

1.19. Project - The collective improvements to be constructed by the Contractor pursuant to a Job Order or a series of related Job Orders.

1.20. Request for Job Order Proposal - A written request to the Contractor to prepare a Job Order Proposal for the Detailed Scope of Work referenced therein.

1.21. Secure Area – Any area designated by the County as being secure in which daily productivity is negatively affected by the secure nature of the area. Secure areas may include, but are not limited to portions of courthouses, correctional facilities, and any other areas requiring inventory checks to access the work site.

1.22. Supplemental Job Order - A secondary Job Order developed after the initial Job Order has been issued to change, delete, or add work to the initial Detailed Scope of Work, or to change the Job Order Completion Time.

1.23. Technical Specifications - The written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

1.24. Unit Price - The unit price published in the Construction Task Catalog® for a Prepriced Task.

2. CONTRACTOR SELECTION

2.1. The County may award an individual Project to any contractor. The County will select the contractor in accordance with the established procedures and based on one or more of the following criteria:

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

County.

2.1.2. Contractor’s experience with similar type work, project size, construction management challenges, construction schedule, etc.

2.1.3. Contractor’s performance in developing Job Orders and completing Projects.

2.1.4. Balancing Job Order volume among contractors.

2.1.5. Limitations posed by bonding capacity of the contractors.

2.1.6. Price, as determined by the Adjustment Factors of the contractors.

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

3. CONDUCTING THE JOINT SCOPE MEETING

3.1. As the need exists, the County will notify the Contractor of a potential Project. The County will schedule a Joint Scope Meeting with the Contractor and other necessary representatives as soon as practicable, generally, within seven (7) days.

3.2. The Contractor does not have the right to refuse to perform any Project, Prepriced Task, or Non-Prepriced Task.

3.3. The Contractor shall attend the Joint Scope Meeting and discuss, at a minimum, the

JOC SUPPLEMENTAL CONDITIONS Page | 10 following items:

3.3.1. The work to be performed

3.3.2. Presence of hazardous materials

3.3.3. Required permits

3.3.4. Long lead time materials

3.3.5. Protocol for workers entering the site

3.3.6. Staging area and areas that are off-limits

3.3.7. Subcontracting goals (if applicable)

3.3.8. Construction schedule and work hours – with critical milestones and phasing requirements

3.3.9. Controlled inspections, testing requirements

3.3.10. Value Engineering suggestions

3.3.11. Organization of Price Proposal – by location, by corner, etc…

3.3.12. Due Date for Detailed Scope of Work and for Price Proposal

4. FINALIZING THE DETAILED SCOPE OF WORK

4.1. After the Joint Scope Meeting, the County will prepare a draft Detailed Scope of Work which will reference any drawings, specifications, sketches, photographs and other documents required to accurately describe the work to be performed. The Contractor shall review the Detailed Scope of Work and request any required changes or modifications. When an acceptable Detailed Scope of Work has been prepared, the County will issue a Request for Job Order Proposal that will require the Contractor to prepare a Job Order Proposal. The Detailed Scope of Work, unless modified by both the Contractor and the County, will be the basis on which the Contractor will develop its Job Order Proposal and the County will evaluate the same.

4.2. The County may, at its option, include quantities in the Detailed Scope of Work if it helps to define the Detailed Scope of Work, if the actual quantities required are not known or cannot be determined at the time the Detailed Scope of Work is prepared, if the Contractor and the County cannot agree on the quantities required, or for any other reason as determined by the County. In all such cases, the County shall issue a Supplemental Job Order adjusting the quantities appearing in the Detailed Scope of Work to the actual quantities.

4.3. If the Contractor requires additional information to clarify the Detailed Scope of Work before preparing the Job Order Proposal, the Contractor will make such request quickly so that the Job Order Proposal can be submitted on time.

5. PREPARING THE JOB ORDER PROPOSAL

5.1. The Contractor will prepare a Job Order Proposal including:

5.1.1. Price Proposal;

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5.1.2. Support Documentation for Non-Prepriced Tasks;

5.1.3. Construction Schedule;

5.1.4. List of Subcontractors; and

5.1.5. Other requested documents.

5.2. The Contractor will prepare Job Order Price Proposals in accordance with the following:

5.2.1. Prepriced Task: The Contractor shall select the appropriate Prepriced

Tasks, enter the accurate quantities, and select the appropriate Adjustment Factor to be used for each such Prepriced Task. The Contractor shall use the Construction Task Catalog® in effect on the date the Price Proposal is due, even though the Job Order may be issued after a new Construction Task Catalog® has been updated.

5.2.2. Non-Prepriced Task:

5.2.2.1. If the Contractor will perform the work with its own forces, it shall submit three independent quotes for all material to be installed and shall, to the extent possible, use Prepriced Tasks for labor and equipment from the Construction Task Catalog®. If the work is to be subcontracted, the Contractor shall submit three independent quotes from subcontractors. The Contractor shall not submit a quote from any subcontractor or materialman that the Contractor is not prepared to use. The County may require additional quotes if the subcontractors are not acceptable or if the prices are not reasonable.

If three quotes cannot be obtained, the Contractor shall provide the County with a written explanation. If the explanation is accepted by the County, the Contractor may provide less than three quotes.

5.2.2.2. Information submitted in support of Non-Prepriced Tasks may include catalog cuts, technical data, drawings, or other information as required.

5.2.2.3. The final price submitted for Non-Prepriced Tasks shall be according to the following formula:

For Non-Prepriced Tasks Performed with Contractor's own forces:

A = The hourly rate for each trade classification not in the Construction Task Catalog® multiplied by the quantity;

B = The hourly, weekly, or monthly rate for each piece of equipment not in the Construction Task Catalog® multiplied by the quantity;

C = Lowest of three independent quotes for all materials.

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Total for Non-Prepriced Tasks performed with Contractor’s own forces = (A+B+C) x Non-Prepriced Task Adjustment Factor

For Non-Prepriced Tasks Performed by subcontractors:

If the Non-Prepriced Task will be subcontracted, the Contractor must submit three independent quotes for the work.

D = Lowest of three subcontractor quotes

Total for Non-Prepriced Tasks performed by subcontractors = D x Non-Prepriced Task Adjustment Factor

5.2.3. After the cost for a Non-Prepriced Task has been approved, the County may determine that such cost shall be fixed for all future Price Proposals and will not require subcontractor quotes for price determination. The County reserves the right to request the Contractor provide current quotes for any Non- Prepriced Task approved previously.

5.2.4. The value of the Price Proposal shall be calculated by summing the total of the calculations for each Prepriced Tasks (Unit Price x quantity x Adjustment Factor) plus the value of all Non-Prepriced Tasks.

5.3. Whenever, because of trade jurisdiction rules or small quantities, the cost of a

Prepriced Task is less than the actual cost of the labor and material to perform such Prepriced Task, the County may permit the Contractor to be paid for such Prepriced Task as a Non-Prepriced Task or use Prepriced Tasks for labor and the material component pricing of the Prepriced Task to cover the actual costs incurred. Provided, however, that there is no other work for that trade on the Project or the other work for that trade cannot be scheduled at the same time and the actual cost does not exceed $1,000.

5.4. Contractor shall make the necessary arrangements for and obtain all filings and permits required to perform the Detailed Scope of Work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a Project, a fee to obtain a building permit, or any other permit fee to the City, State or some other governmental or regulatory agency, then the amount of such fee paid by the Contractor for which a receipt is obtained shall be treated as a reimbursable task to be paid with 10% markup. The markup on reimbursable tasks compensates the Contractor for the JOC Administrative Fee.

5.5. The Contractor shall provide incidental engineering and architectural services required in connection with a particular Job Order including drawings and information required for filing. Incidental engineering and architectural services do not include stamped drawings, or assignments which consist of more than 4 hours of a professional’s time.

5.6. The Contractor's Job Order Proposal shall be submitted by the date set forth in the

Request for Job Order Proposal.

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5.7. The amount of time allowed for the Contractor to prepare the Job Order Proposal will depend on the complexity of the Detailed Scope of Work and on the date by which the County requires the Detailed Scope of Work to be completed. Generally, the Contractor will be allowed between seven and fourteen days to prepare the Job Order Proposal. For complex Projects or Projects requiring engineering and architectural services to be completed before a Job Order Proposal can be prepared, the amount of time allowed will be increased.

5.8. If the Contractor requires clarifications or additional information regarding the

Detailed Scope of work in order to prepare the Job Order Proposal, the request must be submitted so that the submittal of the Job Order Proposal is not delayed.

5.9. In emergency situations and minor maintenance and repair Job Orders requiring an immediate response, the Job Order Proposal may be required in less than seven days, or, as described below, the Contractor may be directed to begin work immediately with the Job Order Proposal to follow. A purchase order is required prior to performance of any service.

5.10. In the event an immediate response is necessary, the Contractor shall be required to follow alternative procedures as established by the County. The Contractor shall begin work as directed notwithstanding the absence of a fully developed Detailed Scope of Work, Request for Job Order Proposal, or Job Order. The Contractor shall be compensated for such work as if the work had been ordered under the standard procedures to develop a Job Order.

5.11. For purposes of Using the Construction Task Catalog®, the project site is defined as the exterior perimeter of a building. For work not performed in a building, the project site is defined as the limits of the work area.

5.12. The Contractor will not be permitted to add labor hours to the Job Order Price Proposal for time associated with ingress procedures and inspections of labor, materials, and or equipment.

6. REVIEWING THE JOB ORDER PROPOSAL

6.1. The County will review the Job Order Proposal.

6.2. All incomplete Job Order Proposals shall be rejected.

6.3. The County will review the Price Proposal to determine the accuracy of the Prepriced

Tasks, quantities, Adjustment Factors, and Non-Prepriced Tasks.

6.4. The Contractor may choose the means and methods of construction. Provided, however, the County may reject any means and methods proposed by the Contractor that:

6.4.1. Will constitute or create a hazard to persons or property;

6.4.2. Will not produce the Detailed Scope of Work in accordance with the terms of the Contract; or

6.4.3. Unnecessarily increases the Job Order Price when alternative means and

JOC SUPPLEMENTAL CONDITIONS Page | 14 methods are available.

6.5. By submitting a Job Order Proposal to the County, the Contractor is offering to complete the Detailed Scope of Work within the proposed construction schedule for the value of the Price Proposal.

6.6. It is the Contractor's responsibility to include the necessary Prepriced Tasks and Non-

Prepriced Tasks, accurate quantities, and correct Adjustment Factors in the Price Proposal prior to delivering it to the County.

7. ISSUANCE OF THE JOB ORDER

7.1. If the Job Order Proposal is found to be complete and accurate, the County may issue a Job Order to the Contractor.

7.2. The Job Order signed by The County, accompanied by the purchase order, and delivered to the Contractor constitutes the County's acceptance of the Contractor's Job Order Proposal.

7.3. A Job Order will reference the Detailed Scope of Work and set forth the Job Order

Completion Time and the Job Order Price.

7.4. The Job Order Price shall be the value of the approved Price Proposal.

7.5. All clauses of this Contract shall apply to each Job Order.

7.6. The Contractor will be paid the Job Order Price for completing the Detailed Scope of Work within the Job Order Completion Time.

7.7. The County, without invalidating the Job Order, may order changes in the Detailed

Scope of Work by adding to, changing, or deleting from the Detailed Scope of Work, by issuing a Supplemental Job Order. All Supplemental Job Orders shall be developed in accordance with these procedures.

7.8. The County may decide not to issue a Job Order under development, may decide to cancel a Job Order or any portion of a Job Order, or cancel a Project or any portion of a Project, for any reason. In such case, the Contractor shall not recover any costs arising out of or related to the development of the Job Order including but not limited to attending the Joint Scope Meeting, preparing or reviewing the Detailed Scope of Work, preparing a Job Order Proposal (including incidental architectural and engineering services), subcontractor costs, or reviewing the Job Order Proposal with the County may perform such work by other means.

8. CHANGES IN THE WORK

8.1. The County, without invalidating the Job Order, may order changes in the Detailed

Scope of Work by adding to, changing, or deleting from the Detailed Scope of Work, by issuing a Supplemental Job Order.

8.2. All Supplemental Job Orders shall be developed and priced in accordance with the Procedure for Ordering Work contained in these JOC Supplemental Conditions.

8.3. Price Proposals for Supplemental Job Orders shall include credits for deleted Prepriced

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Tasks and Non-Prepriced Tasks. Deleted tasks shall result in a credit equal to 100% of the value at which those tasks were included in the original Price Proposal.

9. PAYMENTS

9.1. The County will make one payment for all Job Orders that have a Job Order

Completion Time of 45 days or less, or a Job Order Price of $25,000 or less. For all other Job Orders, the County may make partial, monthly payments based on the percentage of the work completed.

9.2. Before submitting an Application for Payment (Final or Partial) the Contractor shall reach an agreement with the Project Manager concerning the percentage complete of the Detailed Scope of Work and the dollar value for which the Application for Payment may be submitted.

10. LIQUIDATED DAMAGES

10.1. At the sole discretion of the County, liquidated damages will be assessed, if at all, on a Job Order-by-Job-Order basis. For each calendar day that the Detailed Scope of Work for a Job Order shall remain incomplete after the Job Order Completion Time, as amended pursuant to this Contract, the amount per calendar day specified in following table, Schedule of Liquidated Damages, will be deducted from any money due the Contractor, not as a penalty but as liquidated damages.

11. ANNUAL ISSUANCE OF THE CONSTRUCTION TASK CATALOG®

11.1. The Construction Task Catalog® issued with the JOC RFP will be in effect for the first year of the Contract.

11.2. On the anniversary of the Contract, a new Construction Task Catalog® will be furnished. The new Construction Task Catalog® will be effective for the twelve (12) month period after the anniversary of the effective date of the Contract. The Construction Task Catalogs® that accompany each anniversary shall only apply to Job Orders issued after the effective date of that specific renewal option and shall have no impact on Job Orders issued prior to the effective date of that specific renewal option.

11.3. The Adjustment Factors submitted with the Proposal shall be used for the full term of the Contract, plus any Option Terms. On the annual anniversary of the Contract, the County shall issue the Contractor a new Construction Task Catalog®. The Contractor will be issued the new Construction Task Catalog® for review prior to accepting new

Value of Job Order Liquidated Damages

$0 to $10,000 $100/Day

$10,001 to $50,000 $250/Day

Over $50,000 $500/Day

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Work. The Contractor shall use the Construction Task Catalog® in effect on the date that the Job Order is issued. However, the Contractor cannot delay the issuance of a Job Order to take advantage of a scheduled update of the Construction Task Catalog®.

In that event, the Contractor shall use the Construction Task Catalog® that would have been in effect without the delay.

12. KEY PERSONNEL

12.1. The Contractor shall assign a full-time person as its representative for this Contract.

This person shall be acceptable to the County and shall have a cell phone at which he or she can be reached at all times.

12.2. The Contractor shall also have at all times an Office Manager and a Superintendent assigned to this Contract. Additional staff will be provided depending on the volume of work. For each Job Order issued, the Contractor shall identify the Superintendent responsible for that Job Order. The Superintendent shall be reachable 24 hours a day, seven days a week. If the named Superintendent is not available because of illness or vacation or the like, the Contractor shall notify the County of a substitute Superintendent. At all times, the Contractor shall provide at least one Superintendent for every four Job Orders. Whenever, in the sole discretion of the County, the Contractor is not providing a sufficient level of supervision, the County may direct the Contractor to increase the level of supervision for any or all projects, including but not limited to the right to direct the Contractor to assign a full time, dedicated Superintendent for any project; submit daily management, inspection, activity, and planning reports; substitute subcontractors; submit daily photographs of the work in place and the work areas prepared for the next day’s work; and develop a site specific quality control program, all at no cost to the County.

13. AS-BUILT DRAWINGS

If the Contractor is provided, or prepares, drawings as part of the Detailed Scope of Work, then as the Detailed Scope of Work progresses the Contractor shall keep a complete and accurate record of changes to, and deviations from, such drawings. The As-Built Drawings will be created in the same medium (paper, electronic) in which they were originally prepared.

14. ORDER OF PRECEDENCE

In the event of conflict between the Contract Documents, these JOC Supplemental Conditions shall take precedence.

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PART THREE: FEDERALLY FUNDED JOB ORDERS

In cases where a Job Order is funded wholly or partially with federal funds, the Contractor will comply with all applicable provisions of federal law. Refer to the following links for federal guidelines:

https://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=e2fb8faf658f113bf606a3e6d7808e16&mc=true&tpl=/ecfrbrowse/Title02/2tab_02.tpl https://www.acquisition.gov/?q=browsefar

The Contractor shall comply with all federal regulations relating to the performance of Work funded in whole, or in part, with federal funds. In addition, Contractor agrees to flow-down all applicable clauses to lower-tier subcontractors including, but not limited to the following:

1. FEDERAL REQUIREMENTS ON ALL PURCHASES

1.1. Security Requirements (applicable if access to classified material is involved) FAR 52.204-2

1.2. Equal Employment Opportunity - Executive Order 11246 as amended by Executive Order

11375 and supplemented by 41CFR part 60

1.3. Copeland Anti-kickback Act (for construction and repair)18 USC 874 as supplemented by

Department of Labor regulations 29 CFR part 3

1.4. Davis-Bacon Act, as amended 40 USC 276a to a-7 and supplemented by Department of

Labor regulations 29 CFR part 5

1.5. Contract Work Hours and Safety Standards Act 40 USC 327-333 and supplemented by

Department of Labor regulations 29 CFR part 5.

1.6. Rights to Inventions Made under a Contract or Agreement - 37 CFR part 401

1.7. Preference for Privately Owned U.S.-Flag Commercial Vessels - FAR 52.247-64

1.8. Hazardous Material Identification and Material Safety Data policy (when applicable) FAR

52.223-3 17.9 Filing of Patent Applications – Classified Subject Matter FAR 52.227-10

1.9. Patents Rights – Ownership by Contractor and Government FAR 52.227-11 and 52.227.13

1.10. Rights in Data – General FAR 52.227-14

1.11. Authorization and Consent Patents and Copyrights 52.227-1

1.12. Notice and Assistance Regarding Patent and Copyright Infringements FAR 52.227.2

1.13. Buy American Act – Supplies FAR 52.225-3

1.14. Government Property FAR 52.245-5

1.15. Notice of Radioactive Materials FAR 52.223-7

1.16. Privacy Act FAR 52.224-2

2. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN $2,500

2.1. Restrictions on Certain Foreign Purchases FAR 52.225-13

2.2. McNamara –O’Hara Service Contracts Act 41 U.S.C. 351 et seq.

3. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN $10,000

3.1. Prohibition of Segregated Facilities FAR 52.222-21

3.2. Equal Opportunity FAR 52.222-26

3.3. Affirmative Action for Workers with Disabilities FAR 52.222-36

3.4. Walsh-Healy Public Contracts Act FAR 52.222.20

4. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN $25,000

4.1. Equal Opportunity for Veterans FAR 52.222-35

4.2. Debarment and Suspension FAR 52.209-6

https://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=e2fb8faf658f113bf606a3e6d7808e16&mc=true&tpl=/ecfrbrowse/Title02/2tab_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=e2fb8faf658f113bf606a3e6d7808e16&mc=true&tpl=/ecfrbrowse/Title02/2tab_02.tpl https://www.acquisition.gov/?q=browsefar

JOC SUPPLEMENTAL CONDITIONS Page | 18

5. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN $100,000

5.1. Anti-kickback procedures FAR 52.203-7

5.2. Restrictions on Subcontractor Sales to the Government FAR 52-203.6

5.3. Audit and Records Negotiation (if document was entered by negotiation) FAR52.215.2

5.4. Integrity of Unit Prices FAR 52.215-14

5.5. Contract Work Hours and Safety Standards Act FAR 522.222-4

5.6. Clean Air and Water FAR 52.223-2

5.7. Clean Air Act (42 U.S.C. 7401 et seq.)

5.8. Federal Water Pollution Control Act 33 U.S.C. 1251, et seq.

5.9. Drug-Free Workplace FAR 52.223-6

5.10. Byrd Anti-Lobbying Amendment 31 U.S.C. 1352

5.11. Utilization of Small Business Concerns FAR 52.219-8

5.12. Preference for US Flag Carriers FAR 52.247-63

5.13. Toxic Chemical Release Reporting 52.223-14

6. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN $500,000

6.1. Cost Accounting Standards – Educational Institutions FAR 52.230-5

6.2. Administration of Cost Accounting Standards FAR 52.230-6

7. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN $550,000

7.1. Price Reduction for Defective Cost or Pricing Data FAR 52.215-10

7.2. Subcontractor Cost or Pricing Data FAR 52.215-12

7.3. Subcontractor Cost or Pricing Data – Modifications FAR 52.215-13

8. FEDERAL REQUIREMENTS ON PURCHASES GREATER THAN $650,000

8.1. Small Business and Small Disadvantaged Business Subcontracting Plans FAR 52.219-9

8.2. Liquidated Damages – Subcontracting Plan FAR 52.219-16

9. AFFIRMATIVE ACTION

The Contractor shall not maintain or provide racially segregated facilities for employees at any establishment under his control. Contractor agrees to adhere to the principles set forth in Executive Orders 13672 and 11375, Section 503 of the Rehabilitation Act of 1973, and USC 2012 (Disabled Veterans and Veterans of the Vietnam Era), and to undertake specifically: to maintain employment policies and practices that affirmatively promote equality of opportunity for minority group persons and women; to take affirmative steps to hire and promote women and minority group persons at all job levels and in all aspects of employment; to communicate this policy in both English and Spanish to all persons concerned within his company, and to discuss with TTUS the policies and practices relating to the Contractor’s Affirmative Action program.

10. FEDERAL EQUAL OPPORTUNITY

The Contractor and any Subcontractors shall abide by the requirements of 41 CFR 60-741.5(a).

This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime Contractors and Subcontractors to employ and advance in employment qualified individuals with disabilities.

JOC SUPPLEMENTAL CONDITIONS Page | 19

PART FOUR: ONLINE CTC VIEWER INSTRUCTIONS

1. Login Instructions

• Navigate to the CTC Viewer page in your browser: https://ctc.egordian.com/

• Access Code: 3JP8ZBBU

• Fill in your email address and the Access Code you were provided with in the applicable boxes.

o Click on the blue link on Terms and Conditions to open the Terms and Conditions in a new tab to read. Once complete, click the check mark next to “I agree to the Terms and Conditions” and click on the View CTC button

2. CTC Viewer Catalog Navigation

• Using the box labeled “Browse Current Catalog” on the left of the CTC Viewer screen, you can click on different sections of the CTC to populate detailed information in the Main Window on the right.

o Click on each Section of the Catalog in the left box to drill down into the CTC sections you would like to view.

https://ctc.egordian.com/

JOC SUPPLEMENTAL CONDITIONS Page | 20

• In each section on the left, you have the ability to navigate to a more detailed subsection underneath each main section. Click the name of the subsection with a + sign next to it to drill down further o You can also drill down further by click on the Plus sign icon in the Main Window when it appears

• To collapse a subsection to the prior item, click the name of the subsection with a – sign next to it in the left box

JOC SUPPLEMENTAL CONDITIONS Page | 21

• To view Section Info, click on the book icon located to the right of the Description in the main window.

o This will open a pop up allowing you to view the Section information

3. Search Info

• In the main window, type the name of the item you would like to search and click the magnifying glass. Detailed information will appear below the Search box for the criteria entered.

o Please Note – The search functionality will search the section you have chosen on the left.

To search the entire catalog, click on “All Sections” in the box on the left then search

4. Changing the Adjustment Factor

• In the Main Window on the upper right hand side, update the number next to the word “Factor:”

and click on the Apply Factor button.

o This will update the items in the catalog to the new factor you have chosen

JOC SUPPLEMENTAL CONDITIONS Page | 22

5. View Specifications

• In the CTC viewer main window, if a wrench appears in the far left column, the item has Specifications available to view.

o Click on the wrench to view Specifications. The Specifications will pop up in a separate PDF screen for you to view.

6. View the Guidelines for “Using the Construction Task Catalog”

• Click on the button on the right of the CTC Viewer labeled ‘Using the Construction Task Catalog’ to view the Big Note.

o The Big Note will pop up in a separate PDF screen for you to view