Professional Documents
Culture Documents
JOHN M. W. MOORLACH
CHAIRMAN
Second District
EXCUSED: None
PLEDGE OF ALLEGIANCE: Supervisor Campbell, Third District, led the assembly in the Pledge of
Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Supervisor Nguyen will be presenting a proclamation to Alex Ruiz, the Good Samaritan who intervened
in a convenience store robbery in Garden Grove
DELETED
BOARD APPOINTMENTS
1. Chairman Moorlach - Law Library Board of Trustees - Reappoint Richard S. Price, II,
Fullerton and Beatrice A. Tice, Irvine, for terms ending 12/31/12
2. Supervisor Nelson - Buena Park Library District Board of Trustees - Appoint Mary Fuhrman,
Buena Park, to complete term ending 12/2/14
Auditor-Controller:
3. Receive and file Fund/Budget Control Semi-Annual Report for 7/1/11 - 12/31/11 for
new and closed funds - All Districts
4. Approve schedule of County Capital Assets Physical Inventory Dates for calendar years
2012 and 2013 - All Districts
District Attorney:
6. Approve agreement with District Attorney Fellows for Certified Law Student and Legal
Services; Approve Memorandum of Understanding (MOU) and Cooperative agreement
with participating Schools of Law for Orange County District Attorney Fellowship
Program; and authorize District Attorney or designee to execute individual agreements
and MOUs - All Districts (Continued from 1/10/12, Item 5)
7. Approve lease agreement DA-11-004 with CGJP-1, LLC for office space at West Court
Annex, Westminster; and make California Environmental Quality Act findings - District
1
Sheriff-Coroner:
8. Approve agreement with the County of Inyo for provision of autopsies, 2/1/12 - 1/31/17
($12,000); and authorize Sheriff-Coroner to update billing rate schedule as necessary -
All Districts
10. Treasurer-Tax Collector - Authorize transfer of unclaimed money to County General Fund
($385,381.26), Superior Court Fund ($42,128.25), Probation Victim Restitution Fund
($17,653.03) and authorize transfer of funds from the County General Fund to Treasurer-Tax
Collector Publication and Legal Notice Account ($18,762.28); and adopt Resolution
authorizing Treasurer to escheat individual items in the amount of $5,000 or less and report to
the County Auditor-Controller each act performed - All Districts (4/5 vote of members present)
23145 APPROVED AS RECOMMENDED
RESO: 12-006
HEALTH CARE AGENCY
11. Approve agreement MA-042-12010717 with Advanced Medical Management, Inc. for Fiscal
Intermediary Services in support of HIV Clinic Specialty Care, 3/4/12 - 2/28/13 ($432,000);
renewable for four additional years; and authorize Purchasing Agent or authorized deputy to
execute agreement - All Districts
12. Approve agreement with State Department of Public Health for AIDS Drug Assistance
Program, 7/1/11 - 6/30/12 ($48,993) - All Districts
13. Approve amendment 3 to lease with Momilani's Island Traditions, Inc., to modify rent
adjustment schedule; and make California Environmental Quality Act findings - District 5
OC COMMUNITY RESOURCES
14. Acting as the Board of Supervisors and Orange County Development Agency - Receive
and file Orange County Development Agency's FY 2010-11 Annual Report - All Districts
OC PUBLIC WORKS
16. Receive bids and award contract to Harry H. Joh Construction, Inc. for roofing services for OC
Public Works facilities maintenance projects ($500,000); and make California Environmental
Quality Act findings - All Districts
17. Approve and accept for recording quitclaim deed from the City of Irvine for conveyance of
three parcels totaling approximately 60 acres; and make California Environmental Quality Act
findings - Districts 3 and 5
34152 CONTINUED TO 2/28/12, 9:30 A.M.
18. Acting as the Orange County Flood Control District - Approve agreement D11-058 with
Orange County Water District to establish the terms and conditions for development of Ball
Road Basin; and make California Environmental Quality Act findings - District 3
19. Acting as the Board of Supervisors and Orange County Flood Control District - Approve
plans and specifications and set bid opening for 3/21/12, 2:00 p.m., for Haster Basin and
Recreational Field Project; and make California Environmental Quality Act and other findings -
District 1
20. Approve plans and specifications and set bid opening for 3/7/12, 2:00 p.m., for Segunda
Deshecha Pre-Mitigation Irrigation Supply project, Prima Deshecha Landfill; and make
California Environmental Quality Act findings - District 5
GENERAL ADMINISTRATION
21. County Executive Office - Appoint Frank Ospino as Orange County Public Defender,
effective 1/27/12 ($207,979.20) - All Districts
34152 CONTINUED TO 2/7/12, 9:30 A.M.
22. Internal Audit - Receive and file Internal Audit Department Monthly Status Report for
December 2011 - All Districts
Sheriff-Coroner:
24. Approve agreement with City of Santa Ana for transfer or purchase of
equipment/services or reimbursement of training costs for Urban Areas Security
Initiative, FY 11; accept Urban Areas Security Initiative funds from Santa Ana, FY 11
($1,256,745); authorize Purchasing Agent or authorized deputy to purchase related
equipment; and authorize Sheriff-Coroner to execute agreement and amendments under
certain conditions - All Districts
35142 APPROVED AS RECOMMENDED
25. Accept 2011 Homeland Security Grant Program award from California Emergency
Management Agency ($4,938,238); authorize Purchasing Agent or authorized deputy to
purchase related equipment; approve related documents and authorize Sheriff-Coroner
or designee to execute; and authorize Auditor-Controller to transfer funds or property to
other entities under certain conditions - All Districts
13452 APPROVED AS RECOMMENDED
26. Approve agreements with AIDS Services Foundation Orange County ($1,618,245), Delhi
Center ($142,958), Laguna Beach Community Clinic, Inc. ($181,581) and Shanti Orange
County ($178,413) for HIV services, 3/1/12 - 2/28/13; authorize Director or designee to
exercise cost contingency increase for agreements not to exceed 10% under certain conditions;
and authorize Director or designee to execute agreements - All Districts
31452 APPROVED AS RECOMMENDED
27. Select and appoint one Board Member as primary and one as alternate to the CalOptima Board
of Directors for terms ending 12/31/13 - All Districts
35142 SELECTED AND APPOINTED SUPERVISOR NGUYEN AS PRIMARY DIRECTOR
AA AND SUPERVISOR CAMPBELL AS ALTERNATE
28. Approve agreement with Heritage Security Services for Armed Security Guard services,
1/25/12 - 1/31/13 ($766,448); renewable for four additional one-year periods; and authorize
Purchasing Agent or authorized deputy to execute agreement; and make California
Environmental Quality Act findings - District 2 (Continued from 1/10/12, Item 28)
23145 APPROVED AS RECOMMENDED
OC COMMUNITY RESOURCES
29. Receive bids and award Job Order Contracts (JOC) to Mackone Development, Inc. for JOC
P005 (General Engineering) $1,000,000; Intelog Hym Engineering for JOC P006 (General
Engineering) $1,000,000; Exbon Development, Inc. for JOC P007 (General Building)
$750,000; MW Services, Inc. for JOC P008 (General Building) $750,000; and National
Demolition Contractors for JOC P009 (Earthwork & Paving) $1,000,000 - All Districts
15342 APPROVED AS RECOMMENDED
30. Approve Concept Plan for Regional Park at former Marine Corps Air Station (MCAS) Tustin
for preparation of a General Development Plan; authorize OC Parks Director or designee to
submit Concept Plan to the National Park Service as Program of Utilization for conveyance of
park property from the Federal Government to the County; authorize OC Parks Director or
designee to negotiate an agreement with Orange County Sports Foundation to enable
development and operation of a water polo/ice hockey complex within the Regional Park; and
authorize CEO/Public Finance to develop a financing plan for the Regional Park with no impact
on the General Fund; and make California Environmental Quality Act and other findings -
District 3
B.O. CONTINUED TO 2/7/12, 9:30 A.M.
31. Approve final Ten Year Plan to End Homelessness and Commission to End Homelessness
Bylaws; receive and file Ten-Year Plan to End Homelessness Quarterly Report and approve
Policy Recommendations for Year-Round Emergency Shelter; and direct OC Community
Services to develop a Funding Allocation Policy and Process (FAPP) for year-round emergency
shelter and return to the Board for approval - All Districts
24135 APPROVED AS RECOMMENDED
X
32. Acting as the Board of Supervisors and Orange County Development Agency - Response
to 1/10/12 Board Directive; adopt amended enforceable obligation payment schedule; select
option for Housing Successor Agency; adopt resolutions declaring Agency has not forgiven any
loan, advance or indebtedness; delegate OCCR to act on behalf of County in all administrative
matters in elimination of the Orange County Development Agency, and provide necessary
administrative support to Successor Agency; provide direction to staff regarding appointment
process for Oversight Boards - All Districts
31452 APPROVED RECOMMENDED ACTION #1
N N
OC PUBLIC WORKS
33. Adopt resolution approving State Coastal Conservancy grant agreement 11-017 for State
Proposition 84 funds (up to $2,000,000) for Santa Ana River Parkway Project; authorizing
Director of OC Public Works or designee to execute agreement and make amendments under
certain conditions; authorizing Director of OC Community Resources to execute and submit
forms and documentation as required by the State; and make California Environmental Quality
Act findings - District 3
31452 APPROVED AS RECOMMENDED
RESO: 12-009
34. Select Geosyntec Consultants as primary and Advanced Earth Sciences, Inc. as alternate firms
for construction management, quality assurance/quality control and archaeological
/paleontological services, South Regional Landfills; and authorize negotiation of agreement for
Board approval - District 5
51342 APPROVED AS RECOMMENDED
35. Approve agreement CMJ0512 with Orangewood Children's Foundation for Annual Report on
Conditions of Children in Orange County, 3/1/12 - 2/28/13 ($113,400) - All Districts
13452 APPROVED AS RECOMMENDED
36. Approve agreement MA-063-12010270 with ANI Acquisition Sub, Inc. subsidiary of
DocuLynx, Inc. for pilot project for up-front imaging with document preparation services,
2/1/12 - 12/31/12 ($1,131,292); renewable for one additional; and authorize Purchasing Agent
or authorized deputy to execute agreement - All Districts
34152 APPROVED AS RECOMMENDED
38. Approve amendment 2 to lease with MICK, a California Limited Partnership to extend existing
lease for an additional six years ($19,000 reduction on monthly rental rate), 1240 S. State
College Boulevard, Anaheim; and make California Environmental Quality Act findings -
District 4
45132 APPROVED AS RECOMMENDED
GENERAL ADMINISTRATION
39. Approve settlement agreement with Administrative Office of the Courts (AOC);
authorize acceptance of $865,379 reimbursement for Workers' Compensation claim
payments and administrative costs - All Districts
35142 APPROVED AS RECOMMENDED
40. Select and approve agreement 12-002HA with National Homebuyers Fund, Inc. as
Mortgage Credit Certificate Program administrator; and authorize Public Finance
Director to execute agreement - All Districts
35142 APPROVED AS RECOMMENDED
42. Adopt resolution authorizing issuance and delivery of Multifamily Housing Revenue
Bonds (San Clemente Senior Apartments Project) Series 2012A, in an aggregate
principal amount not to exceed $17,600,000; approval of Bond Issuance; approve all
other documents as necessary - All Districts
1 MOTION TO APPROVE AS RECOMMENDED FAILED FOR LACK OF A
SECOND
43. Approve recommended grant applications submitted by Health Care Agency and OC
Public Works in 1/24/12 grant report and other actions as recommended - All Districts
14352 APPROVED AS RECOMMENDED
44. Response to 10/18/11 Board Directive - Direct County Executive Office and Sheriff-
Coroner to pursue options for establishing long-term law enforcement services
contracts; and direct CEO to pursue options for legislative solutions - All Districts
B.O. CONTINUED TO 2/7/12, 9:30 A.M.
47. Adopt resolution authorizing County Treasurer to make Bridge Transfers to K-12
School Districts; and adopt resolution authorizing Auditor-Controller to reimburse K-12
School Districts for any interest costs related to transfers; and make related findings -
All Districts
43152 APPROVED AS RECOMMENDED
RESO: 12-010 - 12-011
48. Chairman Moorlach - Approve 2012 Chairman appointments of Board Members and staff to
various Boards, Commission and Committees; adopt resolutions for appointment of Directors
and alternate to the Orange County Fire Authority and establish the term of appointment as one
year for the Board of Supervisors' representative and alternate on the Orange County Juvenile
Justice Coordinating Council and add to the Chairman's annual appointments
41352 APPROVED RECOMMENDED ACTION #1A FOR APPOINTMENTS LISTED IN
EXHIBIT A
49. Receive and file Follow-up Audit of HCA/Correctional Medical Services report - All
Districts
35142 APPROVED AS RECOMMENDED
X
50. Receive and file the Performance Audit of CEO/Risk Management Report - All
Districts
43152 APPROVED AS RECOMMENDED
X
S50A. Human Resources Department - Approve agreement MA-054-12011245 with Liebert
Cassidy Whitmore for labor negotiations services, 1/25/12 - 1/24/14; renewable for one
additional year ($500,000); and authorize Purchasing Agent or authorized deputy to execute
agreement; and make budget adjustments - All Districts (RA #2 4/5 vote of members present)
35142 APPROVED AS RECOMMENDED
X
OC PUBLIC WORKS
S50B. Acting as the Orange County Flood Control District - Approve Contract Change Order No.
32 to agreement D07-061 with SSC Construction, Inc. for construction of Los Alamitos Pump
Station ($331,643,66); and make California Environmental Quality Act findings - District 2
23145 APPROVED AS RECOMMENDED
X
51. Public Hearing to consider adopting resolution updating Adult Immunization Program Fee
Schedule, effective 2/1/12, 7/1/12 and 7/1/13; rescinding Resolution 06-033; and delegate
authority to Director or designee to reduce or waive vaccine administration fee if there is an
event or circumstance for which it is determined to be in best interest of public health; and
make California Environmental Quality Act and other findings - All Districts
B.O. CLOSED PUBLIC HEARING
PUBLIC PROTECTION
52. Probation - Public Hearing to consider adopting resolution approving application and
administrative fees for provision of continuous electronic monitoring services; and making
California Environmental Quality Act and other findings - All Districts (Continued from
12/6/11, Item 15; 12/13/11, Item 25)
B.O. CONTINUED TO 2/7/12, 9:30 A.M.
GENERAL ADMINISTRATION
County Counsel:
PUBLIC COMMENTS:
ORD. = Ordinance
RESO. = Resolution
Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)
2017 by and between the County of Orange, a political subdivision of the State of California,
and the Orange County Flood Control District, a body corporate and politic, together,
B. Proposal Form
I. JOC Unit Price Book, May 2017 OC Public Works/OC Construction Construction
Task Catalog®, hereafter referred to as CTC, and Technical Specifications.
COUNTY will make one payment for all Task Orders that have a Task Order Completion
Time of 22 days or less, or a Task Order Price of $25,000 or less. For all other Task
Orders, the COUNTY may make partial, monthly payments based on a percentage of the
work completed.
When applicable, COUNTY agrees to make work progress payments in accordance with
the provisions of Section 9-3.2 "Partial and Final Payment" of the STANDARD
SPECIFICATIONS, which sums shall be computed from the prices set forth in the Task
Order Proposals submitted by CONTRACTOR.
Interest shall begin to accrue on any unpaid progress payment sixty (60) days after
ENGINEER’s approval of CONTRACTOR’s progress payment request. Interest shall be
equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of
Civil Procedure.
3. Term of Contract
This AGREEMENT is effective one year after award by the Board of Supervisors or the
achievement of maximum dollar value, whichever occurs first. Upon mutual consent, the
maximum value may be increased to the maximum legal value at any time.
Timely completion of Task Orders issued under this AGREEMENT is of the essence. In
accordance with Government Code Section 53069.85, should CONTRACTOR fail to
complete the work specified in the Task Order in accordance with the approved
construction schedule, and provided CONTRACTOR has not previously obtained a
written extension of time from COUNTY according to the General Conditions, a sum
appropriate with the following schedule may be deducted from each succeeding request
for payment as liquidated damages on each Task Order if applicable.
COUNTY, without invalidating the Task Order, may order changes in the work by
altering, adding to or deducting from the work in which the Task Order cost shall be
adjusted accordingly. All such changes shall be executed under the conditions of the
original Task Order. If additional work is necessary, a new Task Order will be issued.
For deduction of work scope, a change order shall be executed, deducting the amount
from the original Task Order cost. Credits for Pre-priced and Non Pre-priced Tasks shall
be calculated at the pre-set Unit Prices and multiplied by the appropriate Adjustment
Factors. The result is that a credit for Tasks that have been deleted from the Detailed
Scope of Work will be given at 100% of the value at which they were included in the
original Price Proposal. CONTRACTOR shall make no changes in the work or perform
any additional work without COUNTY’s specific written approval.
All contractors and subcontractors must comply with the requirements of Labor Code
Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5.
Bids cannot be accepted from unregistered contractors except as provided in Section
1771.1. This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations. After award of the contract, CONTRACTOR and
each Subcontractor shall furnish electronic payroll records directly to the Labor
Commissioner in the manner specified in Labor Code Section 1771.4.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
CONTRACTOR shall comply with the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime wages in this locality for each craft,
classification or type of worker needed to execute the AGREEMENT. The rates are
available from the Director of the Department of Industrial Relations at the following
website: http://www.dir.ca.gov/dlsr/ DPreWageDetermination.htm. CONTRACTOR
shall post a copy of such wage rates at the jobsite, and shall pay the adopted prevailing
wage rates. CONTRACTOR shall comply with the provisions of Sections 1775 and 1813
of Labor Code.
Travel and subsistence payments to each workman needed to execute the work shall be
made as such travel and subsistence payments are defined in the applicable collective
bargaining agreements filed in accordance with Section 1773.8 of the Labor Code.
CONTRACTOR shall comply with the provisions of Section 1774 of the Labor Code.
Failure to comply with the subject section will subject CONTRACTOR to penalty and
forfeiture provisions of Section 1775 of the Labor Code.
COUNTY will not recognize any claim for additional compensation because of the
payment by CONTRACTOR of any wage rate in excess of the prevailing wage rate set
forth in AGREEMENT. The possibility of wage increases is one of the elements to be
considered by CONTRACTOR in determining his bid, and will not under any
circumstances be considered as the basis of a claim against COUNTY on AGREEMENT.
CONTRACTOR and any Subcontractor(s) shall comply with the provisions of Labor
Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than
the general prevailing rates of per diem wages and holiday and overtime wages as
determined by the Director of Industrial Relations. CONTRACTOR shall post a copy of
these wage rates at the job site for each craft, classification, or type of worker needed in
the performance of this AGREEMENT, as well as any additional job site notices required
by Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office
of COUNTY’s representative, or may be obtained from the State Office, Department of
Industrial Relations (“DIR”) or from the DIR’s website at www.dir.ca.gov. If the
Contract is federally funded, CONTRACTOR and any Subcontractor(s) shall not pay less
than the higher of these rates or the rates determined by the United States Department of
Labor.
CONTRACTOR and any Subcontractor(s) shall comply with the requirements of Labor
Code Section 1776. Such compliance includes the obligation to furnish the records
CONTRACTOR and any Subcontractor(s) performing any portion of the work under this
AGREEMENT shall keep an accurate record, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker, or other
employee employed by CONTRACTOR or any Subcontractor(s) in connection with the
work.
Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct.
(b) The employer has complied with the requirements of Labor Code Sections 1771,
1811, and 1815 for any work performed by his or her employees in connection with the
Contract.
The payroll records shall be certified and shall be available for inspection at the principal
office of CONTRACTOR on the basis set forth in Labor Code Section 1776.
CONTRACTOR shall inform COUNTY of the location of the payroll records, including
the street address, city and county, and shall, within five working days, provide a notice
of any change of location and address of the records.
Pursuant to Labor Code Section 1776, CONTRACTOR and any Subcontractor(s) shall
have 10 days in which to provide a certified copy of the payroll records subsequent to
receipt of a written notice requesting the records described herein. In the event that
CONTRACTOR or any Subcontractor fails to comply within the 10-day period, he or she
shall, as a penalty to COUNTY, forfeit $100, or a higher amount as provided by Section
1776, for each calendar day, or portion thereof, for each worker to whom the
noncompliance pertains, until strict compliance is effectuated. CONTRACTOR
acknowledges that, without limitation as to other remedies of enforcement available to
COUNTY, upon the request of the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement of the California Department of Industrial Relations,
such penalties shall be withheld from progress payments then due CONTRACTOR.
CONTRACTOR is not subject to a penalty assessment pursuant to this section due to the
failure of a Subcontractor to comply with this section.
8. Apprentices
CONTRACTOR shall familiarize himself with the provisions of Section 1777.5 of the
Labor Code regarding employment of apprentices, and shall be responsible for
compliance therewith, including compliance by his Subcontractors.
CONTRACTOR agrees to comply with the provisions of Labor Code Section 1777.5 and
any other applicable laws or regulations, including but not limited to, 8 California Code
of Regulations, Section 230.1(A), pertaining to apprentices. Section 1777.5 shall not
apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general
contractors or those specialty contractors involve less than Thirty Thousand Dollars
($30,000).
CONTRACTOR and Subcontractor shall comply with Section 1777.6 of the Labor Code
which stipulates that an employer or a labor union shall not refuse to accept otherwise
qualified employees as registered apprentices on any public works on any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code, except as provided in Section
3077 of the Labor Code and Section 12940 of the Government Code.
9. Antitrust Claims
In accordance with Public Contract Code Section 7103.5, by entering into a public works
contract or a subcontract to supply goods, services, or materials pursuant to a public
works contract, CONTRACTOR or Subcontractor offers and agrees to assign to the
awarding body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act,
Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code, arising from purchases of goods, services, or materials pursuant to the
public works contract or the subcontract. This assignment shall be made and become
effective at the time the awarding body tenders final payment to CONTRACTOR,
without further acknowledgment by the PARTIES. CONTRACTOR shall cause the
above requirement to be inserted in all agreements with Subcontractors.
Pursuant to and in accordance with Section 8546.7 of the California Government Code,
in the event that AGREEMENT involves expenditures of public funds aggregating in
excess of Ten Thousand Dollars ($10,000), 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 AGREEMENT.
CONTRACTOR shall maintain records for all costs connected with the performance of
AGREEMENT 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.
The terms and provisions of AGREEMENT shall be binding upon and inure to the
benefit of the PARTIES hereto and their successors and assigns.
14. Entirety
AGREEMENT contains the entire agreement between the PARTIES with respect to the
matters provided for herein.
15. Severability
AGREEMENT has been negotiated and executed in the State of California and shall be
governed by and construed under the laws of the State of California. In the event of any
legal action to enforce or interpret AGREEMENT, the sole and exclusive venue shall be
a court of competent jurisdiction located in Orange County, California, and the PARTIES
hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding
Code of Civil Procedure, Section 394.
The PARTIES specifically agree that by soliciting and entering into and performing
services under AGREEMENT, CONTRACTOR shall be deemed to constitute doing
business within Orange County from the time of solicitation of work, through the period
when all work under AGREEMENT is completed, and continuing until the expiration of
any applicable limitations period. Furthermore, the PARTIES have specifically agreed,
as part of the consideration given and received for entering into AGREEMENT, to waive
any and all rights to request that an action be transferred for trial to another County under
Code of Civil Procedure, Section 394.
C. A certification that CONTRACTOR has fully complied with all the applicable
federal and state reporting requirements regarding its employees; and
D. A certification that CONTRACTOR has fully complied with all lawfully served
Wage and Earnings Assignment Orders and Notices of Assignment and will
continue to so comply.
Failure of CONTRACTOR to timely submit the data and/or certifications required above
or to comply with all Federal and State reporting requirements for child support
enforcement or to comply with all lawfully served Wage and Earnings Assignment
Orders and Notices of Assignment may result in the Contract being awarded to another
Contractor, or, in the event a Contract has been issued, shall constitute a material breach
of the Contract. Failure to cure such breach within sixty (60) calendar days of notice
from COUNTY shall constitute grounds for termination of the Contract.
CONTRACTOR shall be responsible for any and all charges, fines, penalties, and/or
assessments levied against COUNTY by any governmental entity, administrative or
regulatory agency having jurisdiction, resulting from any action or omission of
CONTRACTOR, CONTRACTOR’s Subcontractor, suppliers, and/or employees, unless
due to the sole and active negligence of COUNTY. COUNTY is authorized to deduct
any such charge, fine penalty, or assessment from any payment COUNTY is otherwise
required to make to CONTRACTOR.
If any such charge, fine, penalty, or assessment is levied against COUNTY subsequent to
the completion of PROJECT as a result of any action or omission as set forth above,
CONTRACTOR shall nevertheless be responsible to COUNTY for the entire sum of
such charge, fine, penalty, or assessment and agrees to pay the full amount due within
sixty (60) calendar days of receiving an invoice from COUNTY.
CONTRACTOR shall be liable to COUNTY for attorney's fees and costs incurred by
COUNTY in enforcing the provisions of this paragraph.
19. Amendments
The 1997 amendments to the State Public Works Contract Code Section 201285 provide
that the maximum value for each Job Order Contract may be adjusted on an annual basis
based on California Consumer Price Index (CPI).
In December 1997, the applicable CPI for Los Angeles-Riverside-Orange County Area
was 161.2 and in December 2016, the applicable CPI was 250.169. The applicable CPI
has increased by a net 55.19 percent from 1997 to 2016; thus increasing the annual
maximum limit for each Job Order Contract from $3,000,000 in 1997 to $4,656,000 in
2017.
Increasing the annual limit will enable OC Public Works to keep up with the rising cost
of construction and maintain the viability of JOC as an alternative constructing method.
When the Contract reaches the maximum allowed amount before expiration, as the
results of emergency repairs or unforeseen urgent maintenance or restoration, the
amended increases will be effective only after COUNTY accepts CONTRACTOR’s
additional bonds (Performance Bond and Payment Bond) to cover 100 percent of the
increased amount.
The DIRECTOR may increase the annual maximum limited to $25,000 per change for
the Contracts in excess of $250,000, plus 5 percent of the original annual maximum
contract amount in excess of the $250,000 up to a maximum Contract approved by the
State Legislature in accordance with Public Works Contract Code Section 20142. The
Board of Supervisors shall approve all changes over the amounts specified above. In any
event, the cumulative limit cannot exceed $4.656 million.
20. Acceptance
21. Non-Discrimination
1) The delay in the completion of the work arises from causes beyond the
control and without the fault or negligence of CONTRACTOR,
including, but not limited to, acts of God, acts of the public enemy, acts
of COUNTY, acts of another contractor in the performance of a contract
2) CONTRACTOR, within ten (10) days from the beginning of any such
delays (unless DIRECTOR grants in writing a further period of time
before the date of final payment under AGREEMENT), notifies
DIRECTOR in writing of the causes of delay.
DIRECTOR shall ascertain the facts and the extent of the delay and extend
the time for completing the work when, in his judgment, the delay is
justified. DIRECTOR shall make written findings, and the findings of fact
shall be final and conclusive on the PARTIES, subject only to appeal as
provided by law.
D. The rights and remedies of COUNTY provided in this Section are in addition to
any other rights and remedies provided by law or under AGREEMENT.
Notwithstanding any other provision of AGREEMENT, COUNTY may, at any time, and
without any cause, terminate this AGREEMENT in whole or in part, upon not less than
seven (7) days’ written notice to CONTRACTOR. Such termination shall be effected by
delivery to CONTRACTOR of a notice of termination specifying the effective date of the
termination and the extent of the work to be terminated. CONTRACTOR shall
immediately stop work in accordance with the notice and comply with any other direction
as may be specified in the notice or as provided subsequently by COUNTY. COUNTY
shall pay CONTRACTOR for the work completed prior to the effective date of the
termination, and such payment shall be CONTRACTOR’s sole remedy under
AGREEMENT. Under no circumstances will CONTRACTOR be entitled to anticipatory
or unearned profits, consequential damages, or other damages of any sort as a result of a
termination or partial termination under this Paragraph. CONTRACTOR shall insert in
all subcontracts that the sub-consultant shall stop work on the date of and to the extent
specified in a notice of termination, and shall require sub-consultants to insert the same
condition in any lower tier subcontracts.
The remedies for breach set forth in AGREEMENT are cumulative as to one another and
as to any other remedy provided by law, rather than exclusive; and the expression of
certain remedies in AGREEMENT does not preclude resort by either PARTY from
resorting to any other remedies provided by law.
27. Indemnification
CONTRACTOR shall pay promptly all indebtedness for labor, materials and equipment
used in performance of the work. CONTRACTOR shall not permit any lien or charge to
attach to the work or the premises, but if any does so attach, CONTRACTOR shall
promptly procure its release and, in accordance with the requirements of the
indemnification paragraph above, indemnify, defend, and hold COUNTY harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or
arising from or related thereto.
CONTRACTOR shall provide a time extension request on completion of Task Order for
delays caused by others (Permitting Agencies, COUNTY or Contract Cities, or
unforeseen conditions such as inclement weather, etc.) and at no fault by
CONTRACTOR, subject to approval by COUNTY. COUNTY will review the request
and determine in its sole discretion whether the situation warrant a time extension at no-
cost or with costs. If CONTRACTOR completes the Task Order beyond the stipulated
completion date without COUNTY’s specific written approval for time extension,
32. Confidentiality
34. RESERVED
RESERVED
CONTRACTOR acknowledges that it has read and agrees to all terms and conditions
included in AGREEMENT.
36. Headings
The various headings and numbers herein, the grouping of provisions of AGREEMENT
into separate clauses and paragraphs, and the organization hereof are for the purpose of
convenience only and shall not limit or otherwise affect the meaning hereof.
Any reference to the word “day” or “days” herein means calendar day or calendar days,
respectively, unless otherwise expressly provided.
39. Interpretation
AGREEMENT has been negotiated at arm’s length and between persons sophisticated
and knowledgeable in the matters dealt with in this AGREEMENT. In addition, each
PARTY has been represented by experienced and knowledgeable independent legal
counsel of their own choosing or has knowingly declined to seek such counsel despite
being encouraged and given the opportunity to do so. Each PARTY further
acknowledges that they have not been influenced to any extent whatsoever in executing
AGREEMENT by any other PARTY hereto or by any person representing them, or both.
Accordingly, any rule or law (including California Civil Code Section 1654) or legal
decision that would require interpretation of any ambiguities in AGREEMENT against
the PARTY that has drafted it is not applicable and is waived. The provisions of
AGREEMENT shall be interpreted in a reasonable manner to affect the purpose of the
PARTIES and AGREEMENT.
41. Notices
Any and all notices, requests demands and other communications contemplated, called
for, permitted, or required to be given hereunder shall be in writing, except through the
course of the PARTIES’ project managers’ routine exchange of information and
cooperation during the terms of the work and services. Any written communications
shall be deemed to have been duly given upon actual in-person delivery, if delivery is by
direct hand, or upon delivery on the actual day of receipt or no greater than four calendar
days after being mailed by US certified or registered mail, return receipt requested,
postage prepaid, whichever occurs first. The date of mailing shall count as the first day.
All communications shall be addressed to the appropriate PARTY at the address stated
herein or such other address as the PARTIES hereto may designate by written notice
from time to time in the manner aforesaid.
For CONTRACTOR: Name: Harry H. Joh Construction, Inc.
Address: 7303 Somerset Blvd.
City: Paramount, CA 90723
Attn: Harry Joh
Phone: 562-630-3348
Email: harry@hjconst.com
43. Default
In the event CONTRACTOR shall fail to make prompt delivery as specified of any
equipment or service, the same conditions as to the rights of COUNTY to purchase on the
open market and to reimbursement set forth above shall apply, except as otherwise
provided in AGREEMENT.
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 employees, agents, and
relatives; sub-tier contractors; and third parties associated with accomplishing work and
services hereunder. CONTRACTOR’s efforts shall include, but not be limited to
establishing precautions to prevent its employees or agents from making, receiving,
providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interests of
COUNTY.
COUNTY has permanent ownership of all directly connected and derivative materials
produced under AGREEMENT by CONTRACTOR. All documents, reports and other
incidental or derivative work or materials furnished hereunder shall become and remain
the sole properties of COUNTY and may be used by 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 CONTRACTOR without the
express written consent of COUNTY.
All materials, documents, data or information obtained from COUNTY data files or any
COUNTY medium furnished to CONTRACTOR in the performance of this
AGREEMENT will at all times remain the property of COUNTY. Such data or
information may not be used or copied for direct or indirect use by CONTRACTOR after
completion or termination of AGREEMENT without the express written consent of
COUNTY. All materials, documents, data or information, including copies furnished to
CONTRACTOR by COUNTY must be returned to COUNTY at the end of this
AGREEMENT unless otherwise authorized in writing by ENGINEER.
The obligation of COUNTY is subject to the availability of funds appropriated for this
purpose, and nothing herein shall be construed as obligating COUNTY to expend or as
involving COUNTY in any contract or other obligation for future payment of money in
excess of appropriations authorized by law.
CONTRACTOR warrants that it fully complies with all Federal and State statutes and
regulations regarding the employment of aliens and others and that all its employees
performing work under AGREEMENT meet the citizenship or alien status requirement
set forth in Federal statutes and regulations. CONTRACTOR shall obtain, from all
employees performing work hereunder, all verification and other documentation of
employment eligibility status required by Federal or State statutes and regulations
including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C.
§1324 et seq., as they currently exist and as they may be hereafter amended.
CONTRACTOR shall retain all such documentation for all covered employees for the
period prescribed by the law. CONTRACTOR shall indemnify, defend with counsel
approved in writing by COUNTY, and hold harmless, COUNTY, its agents, officers, and
employees from employer sanctions and any other liability which may be assessed
against CONTRACTOR or COUNTY or both in connection with any alleged violation of
any Federal or State statutes or regulations pertaining to the eligibility for employment of
any persons performing work under this AGREEMENT.
CONTRACTOR shall acknowledge that all incomplete or pending Task Orders must be
completed and closed out within 180 days from the expiration of AGREEMENT.
COUNTY, however, may issue supplemental Task Orders to mitigate unforeseen
conditions that occur while completing work past the expiration date. COUNTY will
immediately terminate and close all pending and incomplete Task Orders on the 180th day
from the expiration of this AGREEMENT without penalty.
JOC is a flexible, cost effective unit price contracting method used by OC Public Works
for the maintenance, repair, remodeling, and refurbishment of COUNTY facilities and
infrastructure. As required by the State Public Contract Code 20128.5, JOCs are
contracts of single year duration. The unit prices in the CTC provide installation costs
and demolition costs, along with quantity adjustments, owner supplied materials, position
of work (confined or restricted working spaces) and the full cost of CONTRACTOR
complying with all Federal and State requirements.
(If a corporation, the document must be signed by two corporate officers. The 1st must be
either Chairman of the Board, President or any Vice President.)
Date: ___________ By____________________________________
Signature
____________________________________
Print Name & Title
(If a corporation, the 2nd signature must be either the Secretary, an Assistant Secretary, the
Chief Financial Officer, or any Assistant Treasurer.)
COUNTY OF ORANGE,
a political subdivision of the State of California
APPROVED AS TO FORM
Office of the County Counsel
Orange County, California
By:________________________
* Note: Pursuant to the requirements of the California Corporations Code Section 313, one of
the following two methods must be used by a corporation when it enters into a
contract:
1) Two people must sign the document. One of them must be the Chairman of
the Board, the President or any Vice-President. The other must be the
Secretary, any Assistant Secretary, the Chief Financial Officer or any
Assistant Treasurer.
2) One corporate officer may sign the document, providing that written evidence
of the officer’s authority to bind the corporation with only his or her signature
must be provided. This evidence would ideally by a corporate resolution.
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9:00 A.M. Presentations 9:30 A.M. Regular Business Message Us - Offline Support Act…
Tagged Passions:business
ANDREW DO
CHAIRMAN
First District
SHAWN NELSON
VICE CHAIRMAN
Fourth District
MICHELLE STEEL
SUPERVISOR
Second District
TODD SPITZER
SUPERVISOR
Third District
LISA A. BARTLETT
SUPERVISOR
Fifth District
COUNTY COUNSEL
Frank Kim
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Leon J. Page
This agenda contains a brief description of each item to be considered. Except as provided by law, no
action shall be taken on any item not appearing
in the agenda. To speak on an item, complete a Speaker Request Form(s) identifying the item(s) and deposit the
completed form(s) in the box to the left of the podium. To speak on a matter not appearing in the agenda, but
under the jurisdiction of the Board of Supervisors, you may do so during Public Comments at the end of the
meeting. Speaker request forms must be deposited prior to the beginning of the consent calendar, the reading of
the individual agenda items, the opening of the public hearing and/or the beginning of Public Comments. When
addressing the Board, it is requested that you state your name and city of residence for the record. Members of
the public desiring to speak should address the Board as a whole through the Chair. Comments to individual
Supervisors or staff are not permitted. Speakers may address the Board on up to three occasions, with three
minutes allotted to the speaker per occasion. PowerPoint and video presentations must be requested in advance
of the meeting through the Clerk.
Tagged Passions:hearing
Supporting documentation is available for review in the Clerk of the Board of Supervisors office in the
Hall of Administration, 333 W. Santa Ana
Blvd., Room 465, Santa Ana, 92701 8:00 am - 5:00 pm, Monday-Friday.
------------------------------------------------------------------------------------------------------------------------------
In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting
should notify the Clerk of the Board's Office
-------------------------------------------------------------------------------------------------------------------------------
Supervisor Bartlett will be presenting a resolution in recognition of the 50th anniversary of Sempra
Energy
(Regular Business of the Board of Supervisors will commence at 9:30 A.M. or after)
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Tagged Passions:business
All matters are approved by one motion unless pulled by a Board Member for discussion or separate
action. At this time, any member of the public may
BOARD APPOINTMENTS
Tagged Passions:appointments
1.
Supervisor Spitzer - North Tustin Advisory Committee - Reappoint Sara Friedman-Gerrick and Lance
Jensen, Santa Ana, for terms ending 3/31/21
Chairman Do:
2.
Orange County Veterans Advisory Council - Appoint Carl James David, Laguna Niguel and Erik E.
Duane, Westminster, to complete terms ending 3/27/20
3.
Assessment Appeals Board No. 3 - Appoint Clarence Francis Alvey, Jr., Fountain Valley, to complete term
ending 9/6/20
Tagged Passions:appointments
4.
Acting as the Orange County In-Home Supportive Services Public Authority - Orange County In-Home
Supportive Services (IHSS) Advisory Committee -
5.
Development Processing Review Committee - Reappoint Michael Recupero, Anaheim, for term
concurrent with 1st District Supervisor's term of office
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
Tagged Passions:appointments
6.
Health Care Agency - Emergency Medical Care Committee - Appoint Charles F. Celano, Jr., Tustin,
Margie A. Harrier, Lake Forest, Michael A. Killebrew,
Dana Point and Tom Schultz, Placentia, for terms ending 6/30/20; and reappoint Rebecca R. Gomez, Tustin and
James N. Karras, Orange, for terms ending 6/30/20 - All Districts
Tagged Passions:health, appointments, and emergency
7.
OC Community Resources - Acting as the Orange County Housing Authority - Housing and Community
Development Commission - Reappoint Ron Garcia, Brea,
Helen Smith-Gardner, Mission Viejo and Carla Wilkerson, Dana Point, for terms ending 6/30/20 - All Districts
Tagged Passions:boards and commissions, appointments, development, community development, Development,
and housing
8.
Auditor-Controller - Acting as the Board of Supervisors and Orange County Flood Control District -
Adopt resolutions establishing appropriations
limit, cost of living factor and population factor for FY 2018-19 for County Funds and Flood Control District -
All Districts
Tagged Passions:flooding, audit, and funding
District Attorney:
Tagged Passions:legal
9.
Approve amendment 2 to contract MA-026-16012161 with Southern California Private Investigators, Inc.
for real estate fraud document analyst services,
8/1/18 - 7/31/19 ( 125,000; cumulative total 375,000); renewable for two additional one-year terms; and
authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts
Tagged Passions:contract, purchasing, and services
10.
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Approve contract MA-026-18011737 with Hewlett Packard Enterprise Company for hardware/software
maintenance and support, 7/1/18 - 6/30/19 (
Message Us - Offline Support Act…
191,258.22); and authorize County Procurement Officer or authorized Deputy to execute contract - All Districts
Tagged Passions:contract, purchasing, information technology, and Information Technology
11.
Approve five-year agreements with various cities for prosecution of violators of city ordinances, 7/1/18 -
6/30/23 - All Districts
Tagged Passions:ordinance
Sheriff-Coroner:
12.
Approve agreement 18112445 with State of California for Peace Officer Standards and Training (POST)
Supervisory Course, 7/1/18 - 6/30/19; accept
reimbursement for training cost ( 41,580); and authorize Sheriff-Coroner or designee to execute agreement - All
Districts
Tagged Passions:public safety, training, and coroner
13.
Approve agreements with State of California including SA-138-18YR with the State of California's 32nd
District Agricultural Association to provide
law enforcement services for events held at the Orange County Fair and Event Center, 7/1/18 - 6/30/19 (
185,000); and authorize Sheriff-Coroner or designee to execute contractor certification clauses form CCC-307 -
District 2
Tagged Passions:public safety, services, agriculture, coroner, and events
14.
Approve agreements with the State of California including SA-137-18FT with the State of California's
32nd District Agricultural Association to
provide law enforcement services for the 2018 Orange County Fair held at the Orange County Fair and Event
Center, 7/8/18 -8/20/18 ( 675,000); and authorize Sheriff-Coroner to execute contractor certification clauses
form CCC-307 and amendments under certain conditions - District 2
Tagged Passions:public safety, services, agriculture, coroner, and events
15.
Ratify amendment 3 to Subrecipient Agreement C-124772 with and accept grant funding from City of Los
Angeles for Securing the Cities Program Grant
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Services, extending term to 10/14/19 ( 966,565); and authorize Sheriff-Coroner or designee to execute
amendment and accept program related equipment; and execute future renewals under certain conditions - All
Districts Message Us - Offline Support Act…
Tagged Passions:public safety, services, equipment, coroner, funding, grant, and program
Tagged Passions:health
16.
Approve amendment 2 to contract with Orange County Health Authority dba CalOptima for
coordination and provision of health care services, extending
term six months through 12/31/18; and authorize Director or designee to execute amendment - All Districts
Tagged Passions:health, contract, and services
17.
Adopt resolution approving designation of Huntington Beach Hospital for 49 beds as a Lanterman-Petris-
Short facility for 72-hour involuntary
detention, evaluation and treatment for mentally disordered persons; and directing Health Care Agency to submit
designation to California Department of Health Care Services - District 2
Tagged Passions:health, beach, services, hospital, detention, facility, and healthcare
18.
Rescind Resolution 18-022 adopted April 10, 2018, Item 4 due to incorrect resolution regulation language;
adopt resolution approving designation of
Children's Hospital of Orange County for 18 beds as a Lanterman-Petris-Short facility for 72-hour involuntary
detention, evaluation and treatment for mentally disordered minors; approving withdrawal of Lanterman-Petris-
Short designation of Los Alamitos Medical Center; and directing Health Care Agency to submit designation and
withdrawal of designation to California Department of Health Care Services - District 3
Tagged Passions:health, services, hospital, detention, facility, regulation, and healthcare
19.
Approve agreement with St. Jeanne De Lestonnac Free Clinic dba Lestonnac Free Clinic for Whole
Person Care Program services, 7/1/18 - 12/31/20 (
Tagged Passions:airport
20.
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
Approve plans and specifications and set bid opening for 7/25/18, 2:00 p.m., for Terminals A and B Air
Handlers Replacement project; authorize
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Director or designee to extend bid opening date up to 90 days if necessary; and make California Environmental
Quality Act and other findings - District 2
Tagged Passions:RFP, rfp, and environment
OC COMMUNITY RESOURCES
21.
Accept donation of 32,500 from OC Public Libraries Foundation to offset cost of Literary Orange event
hosted by OC Public Libraries - District 2
22.
Approve agreement 18-27-0019-HICAP with Council on Aging - Southern California for Health
Insurance Counseling and Advocacy Program services, 7/1/18
- 6/30/19 ( 532,292); and authorize Director or designee to execute agreement and exercise cost contingency
increase not to exceed 10 under certain conditions - All Districts
Tagged Passions:health insurance, council, health, services, insurance, and program
23.
Approve Modjeska Boxcar Bridge Repairs Project to protect bridge structure and restore flood channel
capacity; and consider adoption of Mitigated
24.
Approve contract 18-28-0025-HRC with Orange County Human Relations Council for services
supporting Orange County Human Relations Commission, 7/1/18 -
6/30/19 ( 252,000; cumulative total 504,000); and authorize Director or designee to execute contract - All
Districts
Tagged Passions:boards and commissions, council, contract, and services
25.
Adopt resolution approving State Standard agreement TV-1819-22, Information Integrity and Security
Statement, and California Civil Rights Laws
Certification with California Department of Aging for Senior Community Service Employment Program, 7/1/18
- 6/30/19 ( 731,022); and authorize Director or designee to execute agreement, future amendments and exercise
cost contingency increase not to exceed 10 under certain conditions - All Districts
Tagged Passions:civil rights, security, employment, and program
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OC PUBLIC WORKS
Tagged Passions:public works and Public Works Message Us - Offline Support Act…
26.
Approve Assignment, Novation and Consent Agreement MA-080-15010958 with Tire Centers, LLC
assigning to Tire Centers West, LLC for heavy duty tires,
3/1/18 - 11/24/19; and authorize Director or designee to execute agreement - All Districts
27.
Acting as the Board of Supervisors and Orange County Flood Control District - Adopt Job Order
Contract unit price book and technical specifications;
adopt May 2018 pavement maintenance unit price list and technical specifications; set bid opening for 8/1/18,
2:00 p.m., for Job Order Contracts for general engineering and pavement maintenance; and make California
Environmental Quality Act and other findings - All Districts
Tagged Passions:flooding, contract, RFP, rfp, and environment
GENERAL ADMINISTRATION
28.
Clerk of the Board - Approve proposed amendments to the Conflict of Interest Code Designated Filer
Exhibits for Clerk of the Board - All Districts
29.
County Counsel - Authorize County Counsel to consent to law firm of Burke, Williams Sorensen, LLP
representing City of Anaheim in Orange County
30.
Registrar of Voters - Receive and file certification of election results and Statement of Votes Cast for June
5, 2018 Statewide Direct Primary
Election; and declare elected or nominated the persons having the highest number of votes for that office - All
Districts
Tagged Passions:voting and election
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At this time, members of the public may ask the Board to be heard on the following items as those items
are called.
31.
Auditor-Controller - Acting as the Board of Supervisors and Orange County Housing Authority - Adopt
resolution authorizing temporary transfer of cash
Sheriff-Coroner:
32.
Approve contract MA-060-18011032 with H.L. Miller Inc. for general construction and maintenance
services, term ending 6/25/19 ( 500,000); authorize
County Procurement Officer or authorized Deputy to execute contract; and make California Environmental
Quality Act and other findings - All Districts
Tagged Passions:contract, purchasing, services, construction, and environment
33.
Approve contract MA-060-18011031 with Ray Carmody dba Carmody Construction Company for
general construction and maintenance services, term ending
6/25/19 ( 500,000); authorize County Procurement Officer or authorized Deputy to execute contract; and make
California Environmental Quality Act and other findings - All Districts
Tagged Passions:contract, purchasing, services, construction, and environment
34.
Approve contract MA-060-18011033 with Exbon Development, Inc. for general construction and
maintenance services, term ending 6/25/19 ( 500,000); and
authorize County Procurement Officer or authorized Deputy to execute contract; and make California
Environmental Quality Act and other findings - All Districts
Tagged Passions:contract, purchasing, services, development, construction, Development, and environment
35.
Approve amendment 3 to contract MA-060-14011934 with Waters Technologies Corporation for service,
preventive maintenance and purchase of consumables
for Orange County Crime Lab's liquid chromatograph mass spectrometer instruments, 7/14/18 - 7/13/19 (
250,000; new total 890,000); and authorize County Procurement Officer or authorized Deputy to execute
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
36.
Approve amendment 2 to contract MA-060-16011940 with MCM Technology LLC for maintenance of
Communications Accounting and Asset Management System,
6/27/18 - 6/26/19 ( 35,909.99; cumulative total 107,729.97); renewable for two additional one-year terms; and
authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts
Tagged Passions:contract, purchasing, Technology, Communications, communications, and technology
37.
Approve contract MA-060-18011973 with Dimension Data North America Inc. for Cisco SMARTnet
Maintenance Bundles, 7/1/18 - 6/30/21 ( 1,525,595.23);
renewable for two additional one-year terms; and authorize County Procurement Officer or authorized Deputy to
execute contract - All Districts
Tagged Passions:contract, purchasing, information technology, and Information Technology
38.
Approve agreement with City of Rancho Santa Margarita for law enforcement services, 7/1/18 - 6/30/19 (
9,335,318); authorize Sheriff-Coroner to
execute amendments and to extend agreement under certain conditions, 7/1/19 - 8/31/19 - District 5
Tagged Passions:public safety, services, and coroner
39.
Approve agreement with City of Aliso Viejo for law enforcement services, 7/1/18 - 6/30/19 ( 8,708,647);
authorize Sheriff-Coroner to execute
amendments and to extend agreement under certain conditions, 7/1/19 - 8/31/19 - District 5
Tagged Passions:public safety, services, and coroner
40.
Approve agreement with City of Mission Viejo for law enforcement services, 7/1/18 - 6/30/19 ( 19,413,700);
authorize Sheriff-Coroner to execute
amendments and to extend agreement under certain conditions, 7/1/19 - 8/31/19 - Districts 3 and 5
Tagged Passions:public safety, services, and coroner
41.
Approve agreement with City of Dana Point for law enforcement services, 7/1/18 - 6/30/19 ( 12,671,207);
authorize Sheriff-Coroner to execute
amendments and to extend agreement under certain conditions, 7/1/19 - 8/31/19 - District 5
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42.
Approve agreement with City of Laguna Hills for law enforcement services, 7/1/18 - 6/30/19 ( 8,044,036);
authorize Sheriff-Coroner to execute
amendments and to extend agreement under certain conditions, 7/1/19 - 8/31/19 - District 5
Tagged Passions:public safety, services, and coroner
43.
Approve agreement with City of Laguna Niguel for law enforcement services, 7/1/18 - 6/30/19 (
14,641,409); authorize Sheriff-Coroner to execute
amendments and to extend agreement under certain conditions, 7/1/19 - 8/31/19 - District 5
Tagged Passions:public safety, services, and coroner
44.
Approve agreement with City of Laguna Woods for law enforcement services, 7/1/18 - 6/30/19 (
2,754,171); authorize Sheriff-Coroner to execute
amendments and to extend agreement under certain conditions, 7/1/19 - 8/31/19 - District 5
Tagged Passions:public safety, services, and coroner
45.
Approve agreement with City of Lake Forest for law enforcement services, 7/1/18 - 6/30/19 ( 17,025,171);
authorize Sheriff-Coroner to execute
amendments and extend agreement under certain conditions, 7/1/19 - 8/31/19 - District 5
Tagged Passions:public safety, services, and coroner
46.
Approve agreement with City of San Clemente for law enforcement services, 7/1/18 - 6/30/19 ( 15,211,827);
authorize Sheriff-Coroner to execute
amendments and to extend agreement under certain conditions, 7/1/19 - 8/31/19 - District 5
Tagged Passions:public safety, services, and coroner
47.
Approve five-year agreement with City of Stanton for law enforcement services, 7/1/18 - 06/30/23 (
10,955,068); and authorize Sheriff-Coroner to
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
48.
Approve five-year agreement with City of Villa Park for law enforcement services, 7/1/18 - 6/30/23 (
1,558,152); and authorize Sheriff-Coroner to
49.
Approve five-year agreement with City of Yorba Linda for law enforcement services, 7/1/18 - 6/30/23 (
11,300,340); and authorize Sheriff-Coroner to
50.
Approve amendment 3 to five-year agreement with City of San Juan Capistrano for law enforcement
services, 7/1/18 - 6/30/19 ( 10,291,020; cumulative
total 37,567,751); and authorize Sheriff-Coroner to execute amendments under certain conditions - District 5
Tagged Passions:public safety, services, and coroner
51.
Approve amendment 5 to five-year agreement with Orange County Transportation Authority (OCTA) for
law enforcement services, 7/1/18 - 6/30/19 (
8,182,895; cumulative total 28,636,424) and special and supplemental services ( 458,000) - All Districts
Tagged Passions:transportation, public safety, and services
52.
Approve contract MA-060-18011676 with Wescraft Inc. for mattress purchases and re-cover services,
6/29/18 - 6/28/21 ( 1,554,000); renewable for two
additional one-year terms; and authorize County Procurement Officer or authorized deputy to execute contract -
All Districts
Tagged Passions:contract, purchasing, and services
53.
Approve contract PO-060-18010988 with Air Bear Tactical Aircraft LLC for purchase of Mahindra
Aerospace Airvan-8 Task Force Fixed Wing Aircraft (
3,646,360.21); and authorize County Procurement Officer or authorized Deputy to execute contract - All
Districts
Tagged Passions:contract and purchasing
54.
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Waive irregularities in bid proposals; reject bid of World Wide Construction as non-responsive; approve
request of MTM Construction, Inc.,
Thomasville Construction, Inc. and Exbon Development, Inc. to withdraw bids for heating, ventilation and air
conditioning (HVAC) Job Order Contracts (JOC) and Angeles Contractors, Inc. and Harry H. Joh Construction,
Inc. to withdraw bids for electrical JOC services; receive bids and award JOC's to Thomasville Construction,
Inc., MTM Construction, Inc., Interlog Corporation, Angeles Contractors, Inc., MIK Construction, Inc., Exbon
Development, Inc., Pub Construction, Inc., SJD B, Inc., Golden Gate Steel, Inc., CTG Construction Inc. and
Vincor Construction, Inc. for general construction services, to MIK Construction, Inc., Baker Electric, Inc., and
Telenet VoIP Inc. for electrical services, and to ABM Building Solutions, LLC and Pan-Pacific Mechanical,
LLC for HVAC services, 7/12/18 -7/11/19 ( 4,500,000 each); authorize Director of Research and Development
or designee to execute contracts; and make California Environmental Quality Act and other findings - All
Districts
Tagged Passions:restaurants, contract, RFP, rfp, services, information technology, development, electric,
construction, Development, environment, and Information Technology
55.
services, 7/1/18 - 6/30/19 ( 1,815,000; cumulative total 3,735,000); and authorize County Procurement Officer
or authorized Deputy to execute amendment - All Districts
Tagged Passions:contract, Treasurer, taxes, Taxes, TREASURER, purchasing, services, financial report, and
finance
Tagged Passions:health
56.
Approve amendment to Three-Year Program and Expenditure Plan for Mental Health Services Act,
Proposition 63 programs and services, 7/1/17 - 6/30/20 (
15,000,000; cumulative total 583,862,051); approve Local Government Special Needs Housing Program
Assignment agreement with California Housing Finance Agency, FY 2017-18 ( 15,000,000); direct Auditor-
Controller upon notification from Director or designee to distribute funds to California Housing Finance
Agency; approve Jamboree Permanent Supportive Housing by Jamboree Housing Corporation, Anaheim and
Aqua Apartment Projects by Community Development Partners, Santa Ana for Special Needs Housing Program
funding; and authorize Director or designee to execute related documents and agreements - All Districts
Tagged Passions:health, audit, services, development, mental health, community development, funding,
Development, housing, program, and finance
57.
Approve agreement with Department of Health Care Services for Medi-Cal County Inmate program,
7/1/18 - 6/30/19; and authorize Director or designee to
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
58.
Approve amendment 1 to agreement with Orange County Child Abuse Prevention Center, Inc. dba Child
Abuse Prevention Center, Inc. for school readiness
services, 7/1/17 - 9/30/18 ( 150,640; new total 753,201); and authorize Director or designee to exercise cost
contingency increase not to exceed 10 under certain conditions and to execute amendment - All Districts
Tagged Passions:education, services, and child abuse
Tagged Passions:airport
59.
Approve contract MA-280-18011856 with Sentry Control Systems, Inc. for maintenance and repair
services, 8/1/18 - 7/31/19 ( 668,000); renewable for
two additional one-year terms; authorize County Procurement Officer or authorized Deputy to execute contract;
and make California Environmental Quality Act and other findings - District 2
Tagged Passions:contract, purchasing, services, and environment
OC COMMUNITY RESOURCES
60.
Approve amendment 1 to renew agreement MA-012-17011868 with OCLC Online Computer Library
Center Inc. dba OCLC Inc. for library services, 8/1/18 -
7/31/19 ( 140,733.73; cumulative total 276,363.05); and authorize County Procurement Officer or authorized
Deputy to execute amendment - All Districts
Tagged Passions:purchasing, services, and library
61.
Approve amendment 3 to renew contract MA-012-15011980 with MaintStar Inc. for Computerized
Maintenance Management System software licensing and
support for OC Parks, 8/1/18 - 7/31/19 ( 55,057; cumulative total 215,656); and authorize County Procurement
Officer or authorized Deputy to execute amendment - All Districts
Tagged Passions:parks, contract, purchasing, information technology, and Information Technology
62.
Acting as the Board of Supervisors and Orange County Housing Authority Acting as Housing Successor
Agency - Authorize Director or designee to utilize
HOME Investment Partnership Act funds and/or Orange County Successor Agency funds for permanent loan
financing to Westminster Special Needs Housing, L.P.; approve loan commitment ( 1,166,400); authorize
Director or designee to execute subordination agreements, standard set of loan documents and restrictive
covenants and other related documents; and consider application of Final Mitigated Negative Declaration 2016-
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
57 and other findings; Acting as the Orange County Housing Authority - Approve selection of Della Rosa for
utilization of 25 Project-Based Housing Choice Vouchers for 25 units of permanent supportive housing; and
authorize Director or designee to execute subordination agreements, standard set of loan documents and
restrictive covenants, and such additional agreements, contracts, instructions and instruments necessary or
appropriate for permanent loan financing and commitment of Housing and Urban Development Project-Based
Housing Choice Vouchers - District 1
Tagged Passions:investment, contract, development, selection, instruction, funding, Development, and housing
63.
environmental clean-up services at OC Parks Facilities, 3/27/17 - 3/26/18 ( 48,493, new total 323,493); and
authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts
Tagged Passions:parks, contract, purchasing, services, boating, ports, and environment
64.
Approve amendment 1 to contracts 17-27-0003-TSR with Abrazar, Inc. in Service Area 1, North County (
777,338; cumulative total 1,152,997),
17-27-0007-TSR with Age Well Senior Services, Inc., in Service Area 2, South County ( 834,584; cumulative
total 1,237,909) and 17-0010-TSR with Abrazar, Inc. in Service Area 3, Central/West County ( 1,038,392;
cumulative total 1,540,211), funded by Tobacco Settlement Revenue, 7/1/18 - 6/30/20; approve amendment 2 to
contracts 17-27-0001-M2 with Abrazar, Inc. in Service Area 1, North County ( 1,707,885; cumulative total
2,616,134), 17-27-0006-M2 with Age Well Senior Services, Inc., in Service Area 2, South County ( 1,833,663;
cumulative total 2,808,799) and 17-27-0008-M2 with Abrazar, Inc. in Service Area 3, Central/West County (
2,281,452; cumulative total 3,494,722) for senior non-emergency medical transportation services funded by
Measure M2 funds, 7/1/18 - 6/30/20; and authorize Director or designee to execute amendments - All Districts
Tagged Passions:transportation, contract, services, tobacco, funding, emergency, and settlement
65.
Approve sole source agreement 18-28-0018-OS with ProPath, Inc. for employment and training services,
7/1/18 - 12/31/18 ( 1,976,705); and authorize
Director or designee to exercise cost contingency increase not to exceed 10 under certain conditions - Districts 1,
2, 3 and 4
Tagged Passions:services, training, and employment
66.
Approve amendment 1 to renew contracts 16-22-0043-ESG with Mercy House Living Centers for
emergency shelter services ( 180,415; cumulative total
380,415), 16-22-0039-ESG with Mercy House Living Centers for rapid rehousing services ( 87,500; cumulative
total 184,500), 16-22-0042-ESG with Interval House for emergency shelter services ( 180,415; cumulative total
380,415), 16-22-0038-ESG with Interval House for rapid rehousing services ( 180,415; cumulative total
380,415), 16-22-0040-ESG with Fullerton Interfaith Emergency Services dba Pathways of Hope for rapid
rehousing services ( 180,415; cumulative total 380,415), 16-22-0041-ESG with Illumination Foundation for
rapid rehousing services ( 70,270; cumulative total 148,614), amendment 2 to contract 16-22-0044-ESG with
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
Fullerton Interfaith Emergency Services dba Pathways of Hope for emergency shelter services ( 180,415;
cumulative total 380,415), 7/1/18 - 6/30/19, and authorize Director or designee to execute amendments, future
amendments and make line item budget transfers under certain conditions - All Districts
Tagged Passions:contract, budget, services, and emergency
67.
Adopt resolution approving State Standard agreement AP-1819-22, Certification of Clauses, Information
Integrity and Security Statement and California
Civil Rights Laws Certification with California Department of Aging for Older Americans Act Programs, 7/1/18
- 6/30/19 ( 10,976,960); and authorize Director or designee to execute agreement and future amendments and to
exercise cost contingency increase not to exceed 10 under certain conditions - All Districts
Tagged Passions:civil rights, security, and program
68.
Approve amendment 2 to agreement 17-27-0025-FCSP with St. Jude Hospital, Inc. dba St. Jude Medical
Center for Family Caregiver Support Program
services ( 827,584), approve agreements 18-27-0011 with Abrazar, Inc. for Community Services Program (
113,776), 18-27-0031 with Alzheimer's Family Services Center for adult day care services ( 159,392), 18-27-
0029-ADC with Alzheimer's Orange County for adult day care services ( 45,529), 18-027-0013 with Age Well
Senior Services, Inc. for Elderly Nutrition Program, nutrition transportation, case management and in-home care
services ( 1,604,014), 18-27-0018 with Council on Aging - Southern California for elder abuse prevention
services ( 89,012), 18-27-0017 with Council on Aging - Southern California for Ombudsman Program services (
563,959), 18-27-0014 with City of Fullerton for Community Services Program ( 87,744), 18-27-0015 with City
of Irvine for Elderly Nutrition Program, nutrition transportation, case management and in-home care services (
402,755), 18-27-0021 with Legal Aid Society of Orange County for legal assistance services ( 286,383), 18-27-
0016 with Community SeniorServ, Inc. for adult day care, Elderly Nutrition Program, nutrition transportation,
case management and in-home care services ( 513,531.50), 7/1/18 - 6/30/19; and authorize Director or designee
to execute amendment, agreements, future amendments and to exercise cost contingency increase not to exceed
10 under certain conditions - All Districts
Tagged Passions:council, transportation, legal, services, Child Care, family services, nutrition, hospital,
healthcare, program, and seniors
69.
Consider first reading of quot;An Ordinance of the County of Orange, California Amending Section 2-5-
29(n) of the Codified Ordinances of the County
of Orange, Regarding Prohibited Motorized Wheeled Conveyances quot;; and set second reading and adoption
for 7/17/18, 9:30 a.m. - All Districts
Tagged Passions:ordinance
70.
Approve renewal of contract 18-22-0037-PS with Mercy House Living Centers, Inc. for operation of Year
Round Emergency Shelter/Multi-Service Center
Program, Bridges at Kramer Place 1000 N. Kraemer Place, Anaheim, 7/1/18 - 6/30/19 ( 1,800,000); and
authorize Director or designee to execute agreement and make line item budget transfers under certain
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
conditions - District 3
Tagged Passions:contract, budget, emergency, and program
71.
Acting as the Board of Supervisors and Orange County Housing Authority Acting as Housing Successor
Agency - Authorize utilization of HOME Investment
Partnership Act (HOME) funds and/or Orange County Housing Successor Agency funds for additional
permanent loan financing to Mercy Housing California (or to a partnership formed by Mercy Housing California
for development of Placentia Veterans Village) in the City of Placentia; approve additional loan commitment to
Mercy Housing California (or to a partnership formed by Mercy Housing California for the purpose of
constructing and operating the Placentia Veterans Village) ( 5,750,000); authorize Director or designee to
execute subordination agreements, standard set of loan documents and restrictive covenants, and such additional
agreements, contracts, instructions and instruments necessary or appropriate for permanent loan financing and
commitment of Housing and Urban Development Project-Based Housing Choice Vouchers; approve
subordination of 5,750,000 permanent loan to a first trust deed loan of 3,291,000; authorize Director or designee
to subordination to additional senior debt up to 100 of the cumulative loan-to-value based on the as-built
appraised market value, if necessary, based on any future changes in project financing; and make California
Environmental Quality Act and other findings; Acting as the Orange County Housing Authority - Approve
selection of Placentia Veterans Village for utilization of 49 Project-Based Veterans Affairs Supportive Housing
and/or Housing Choice Vouchers for 49 units of permanent supportive housing; and authorize Director or
designee to execute subordination agreements, standard set of loan documents and restrictive covenants, and
such additional agreements, contracts, instructions and instruments necessary or appropriate for permanent loan
financing and commitment of Housing and Urban Development Project-Based Housing Choice Vouchers -
District 4
Tagged Passions:investment, contract, veterans, development, selection, instruction, funding, market,
Development, environment, and housing
OC PUBLIC WORKS
72.
Receive bids and award contract MA-080-18011705 to American Civil Constructors West Coast LLC for
Live Oak Canyon Road and Trabuco Canyon Road Safety
Improvements Project, 120 day term ( 3,064,675.42); and authorize Director or designee to execute contract
under certain conditions - District 3
Tagged Passions:contract, streets, RFP, and rfp
73.
Approve FY 2018-19 OC Civic Center Parking/Maintenance Fund 828 Budget ( 11,850,639); authorize
Auditor-Controller to make related payments and
transfer funds from Parking Facilities Fund 137 to Fund 828 not to exceed 1,179,402; and make California
Environmental Quality Act and other findings - District 1
Tagged Passions:budget, audit, funding, parking, and environment
74.
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
Landfills, 7/14/18 - 6/13/19; and authorize Director or designee to execute amendment - Districts 2 and 3
Tagged Passions:services, landfill, solid waste, and construction
75.
Approve agreement with Griffin Structures, Inc. for program management and initial design phase
services, Phase 2A Civic Center Facilities Strategic
Plan ( 4,650,874); and authorize Director or designee to take any action necessary to administer agreement under
certain conditions - District 1
Tagged Passions:strategic, services, and program
76.
Acting as the Orange County Flood Control District - Receive bids and award contract MA-080-18011882
to CJW Construction, Inc. for San Diego Creek
Sediment Removal Project, 120 day term ( 4,220,800); and authorize Director or designee to execute contract
under certain conditions - District 3
Tagged Passions:flooding, contract, RFP, rfp, and construction
77.
Acting as the Board of Supervisors and Orange County Flood Control District - Receive bids and award
contract MA-080-18011757 to CJW Construction,
Inc. for Lane Channel Repair Project, 230 day term ( 6,570,140); and authorize Director or designee to execute
contract under certain conditions - District 3
Tagged Passions:flooding, contract, RFP, rfp, and construction
OC WASTE RECYCLING
Tagged Passions:recycling
78.
Select FuelCell Energy, Inc. as primary and BioFuels Energy, LLC as alternate developers for proposed
design of an energy project for potential
future development at closed Coyote Canyon Landfill, Newport Beach; authorize Director or designee to
negotiate and execute option agreements and Landfill Gas Delivery and Site License agreements and return to
Board for approval - District 2
Tagged Passions:beach, license, development, biodiesel, landfill, energy, solid waste, and Development
PUBLIC PROTECTION
79.
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
Probation - Adopt resolution making certain findings and authorizing expenditures to provide incentives
for youth (amount not to exceed 100,000 per
GENERAL ADMINISTRATION
80.
Approve 2018 Contract Policy Manual, effective 7/1/18 - All Districts (Continued from 6/5/18, Item 28)
81.
Approve recommended positions on introduced or amended legislation and consider other legislative
subject matters - All Districts
82.
Approve grant applications/awards submitted in 6/26/18 grants report and other actions as recommended
- All Districts
Tagged Passions:grant
83.
Approve lease agreement with Boyd Orange GSA LLC for office and clinical space for Health Care
Agency at 4000 West Metropolitan Drive, Orange, for 15
years, 4/1/19 - 3/31/34; authorize Chief Real Estate Officer or designee to execute subsequent lease amendments
for non-monetary and/or monetary changes under certain conditions; and make California Environmental
Quality Act and other findings - District 3
Tagged Passions:leasing, health, and environment
84.
Receive and file State of County Cybersecurity Bi-Annual Report; direct Chief Information Officer or
designee to work with all County departments to
participate in Enterprise Security Vulnerability Management program and to develop and maintain Business
Continuity Planning and Management program; and direct Chief Information Officer or designee to provide
annual report to the Board on state of County cybersecurity commencing June 2019 - All Districts
Tagged Passions:security, planning, program, and business
85.
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
Adopt the FY 2018-19 Final Budget resolution; establish District Attorney Special Appropriations Fund (
170,000) and Vehicle Theft Task Force Special
Fund ( 20,000); establish Sheriff Special Appropriations fund for the Regional Narcotics Suppression Program (
250,000), Regional Narcotics Suppression Program-Dept. of Justice ( 170,000), Regional Narcotics Suppression
Program-Dept. of Treasury ( 30,000), and Regional Narcotics Suppression Program-Other ( 100,000) funds;
approve various FY 2018-19 Internal Services Fund billing rates effective 7/1/18; approve FY 2018-19
employee and employer retirement contribution rates, effective 7/6/18; direct Human Resources Services to
amend Master Position Control; adopt resolutions authorizing various temporary transfers of funds; and make
findings under goverment code section 26227 and approve FY 2018-19 County Event Calendar - All Districts
Tagged Passions:legal, budget, public safety, human resources, services, rates, retirement, funding, drugs,
events, program, and seniors
Tagged Passions:services
86.
Approve and adopt 2018-2019 Memorandum of Understanding with Association of County Law
Enforcement Management for Law Enforcement Management unit,
87.
Approve and adopt Side Letter agreement with Orange County Employees Association for future
performance of certain public works projects - All
Districts
Tagged Passions:public works, Public Works, and performance
88.
Registrar of Voters - Consider first reading of quot;An Ordinance of the County of Orange, California,
Amending Section 1-6-30 Relating to Electronic
Campaign Disclosure quot;; and set second reading and adoption for 7/17/18, 9:30 a.m. - All Districts (4/5 vote
of the members present)
Tagged Passions:ordinance
Tagged Passions:hearing
The Board will break for lunch at approximately 12:00 PM and may consider closed session matters
during that break. The Board will then resume to
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7/28/2018 When is the Regular Meeting Of The Board Of Supervisors in Orange County, CA?
GENERAL ADMINISTRATION
CS-1.
Flood Control District owned +/-95 acre property located at the intersection of Mountain Avenue and Bickmore
Avenue, Chino, CA County Negotiator: Scott D. Mayer, Chief Real Estate Officer Negotiating Party: Majestic
Realty Under Negotiation: Terms and Value of Future Lease
Tagged Passions:flooding, leasing, and property
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Attachment A
OC PUBLIC WORKS
PROCUREMENT SERVICES
BID RECAP
Respondent Name Priamos Yennaris Mike Todd Justin Kwon Harry H. Joh Costas Georgiou Jesus Mariscal
Respondent Telephone 818-716-7410 714-761-1355 714-529-1130 562-630-3348 310-834-8015 626-454-4761
Respondent Email campainting@sbcglobal.net toddpaintinginc@aol.com jeff@interlogconstruction.com harry@hjconst.com geor123@pacbell.net mariscal-painting@hotmail.com
Comments
1 of 1
Page 1 of 1
REGULAR MEETING OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
TODD SPITZER
CHAIRMAN
Third District
EXCUSED: None
PLEDGE OF ALLEGIANCE: Supervisor Do, First District, led the assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
1. Supervisor Steel - Orange County Mental Health Board - Reappoint Alisa Chatprapachai, Cypress, for
term ending 12/4/18
DEPARTMENT APPOINTMENTS
2. Health Care Agency - Orange County HIV Planning Council - Appoint Robin Keeble, Cypress; Maria
Negrete, Santa Ana; Timothy "Joel" Welz, Newport Beach and Diana Wydo, Cypress; and reappoint
Bobby Avalos, Orange; Kelly Gomez, Anaheim; Marc Meulman, Orange; John Paquette, Orange;
Albert Ramirez, Anaheim, Christopher Ried, Santa Ana and Jeremiah Tilles, Irvine for terms ending
12/31/17 - All Districts
4. Auditor-Controller - Receive and file Monthly Internal Audit Activity Status Report for October and
November 2015 - All Districts
45123 APPROVED AS RECOMMENDED
Sheriff-Coroner:
5. Approve amendment 2 to agreement with The Reynolds Group for additional testing,
monitoring and reporting of environmental site assessment, James A. Musick Facility Phase 1
Jail project ($29,520; cumulative total $127,535); and authorize Sheriff-Coroner or designee to
execute amendment - Districts 3 & 5 (Continued from 11/10/15, Item 6)
45123 CONTINUED TO 1/12/16, 9:30 A.M.
9. Approve Memorandum of Understanding with City of Los Angeles Harbor Department for
training coordination services, three year term; and authorize Sheriff-Coroner or designee to
execute MOU - All Districts
10. Approve agreement MA-060-16010077 with Optiv Security Inc. for security software and
hardware, one year term ($530,747.57); and authorize Purchasing Agent or authorized Deputy
to execute agreement - All Districts
11. Treasurer-Tax Collector - Adopt resolution approving public auction #1388 of tax-defaulted real
property delinquent for over five years - All Districts
RESO: 15-136
12. Appoint Nedenia Lane, M.A. as Orange County Public Guardian, effective 12/25/15 - All Districts
35124 APPROVED AS RECOMMENDED TO INCLUDE MAKING A FINDING THAT IT IS IN
THE BEST INTEREST OF THE COUNTY TO WAIVE THE REQUIREMENT THAT THE
APPOINTED COUNTY OFFICER BE A RESIDENT OF THE COUNTY OF ORANGE
13. Approve master agreement with various organizations for sponsorship of Orange County Task Force
for Drowning Prevention ($250,000); and authorize Director or designee to accept funding and execute
individual sponsorship agreements - All Districts
14. Approve assignment, assumption and consent to assignment of lease agreement from Newport Beach
Golf Course, LLC to Inland Group, Inc. for Newport Beach Golf Course; and make California
Environmental Quality Act and other findings - District 2 (Continued from 12/8/15, Item 9)
OC COMMUNITY RESOURCES
15. Approve amended bylaws to the Orange County Human Relations Commission - All Districts
45123 DELETED
OC PUBLIC WORKS
16. Receive and file Traffic Committee Report dated 10/15/15; approve recommendations and adopt
necessary resolution - Districts 1 and 5
15243 APPROVED AS RECOMMENDED
RESO: 15-137
17. Approve agreement MA-012-16010516 with ATI Architects & Engineers, Inc. for on-call architect-
engineer services, 12/15/15 - 12/14/18 ($400,000); and authorize Director or designee to execute
agreement - All Districts
18. Acting as the Orange County Flood Control District - Approve improvement and restoration
agreement with City of Irvine, certificate of acceptance and easement deeds from The Irvine Company
and from One Venture Plaza for Bee Canyon Channel; and make California Environmental Quality Act
and other findings - District 3
Acting as the Board of Supervisors and Orange County Flood Control District:
19. Approve agreements with Statewide Traffic Safety & Signs and Myers & Sons Hi-Way Safety,
Inc. for construction site flagger services on an as-needed basis, 12/15/15 - 12/14/18 ($600,000
combined total); renewable for one additional two-year period; authorize Purchasing Agent or
authorized Deputy to execute agreements; and make California Environmental Quality Act and
other findings - All Districts
20. Approve funding reserve agreement D15-005 and grant deed from DMB San Juan Investment
North, LLC for repair of potential seismic damage of Lower Gobernadora Multi-Purpose Basin
($500,000); authorize Auditor-Controller to deposit annual payment and implement
disbursements related to agreement; approve amendment 1 to basin implementation agreement
with Santa Margarita Water District and DMB San Juan Investment North, LLC, effective
through 12/31/18 ($10,343 increase); approve grant deed and easement agreements with Santa
Margarita Water District for Lower and Upper Gobernadora Multi-Purpose Basin; and
authorize OC Public Works Director, OC Parks Director or designees to execute related
documents - District 5
PUBLIC PROTECTION
21. Probation - Approve amendment 1 to agreement 40654 with Orange County Department of Education
- Safe Schools and Support Services for drug, alcohol and mental health services, 7/1/14 - 6/30/17; and
authorize Chief Probation Officer or designee to execute amendment - All Districts
23. Approve non-financial master Memorandum of Understanding CPY1315-00 for multidisciplinary team
to provide prevention and early intervention services, 1/15/16 - 1/14/18; and authorize Director or
designee to execute master MOU with qualified community based organizations - All Districts
GENERAL ADMINISTRATION
24. Adopt resolution approving list of recurring Board resolutions for 2016; and authorizing Chair
or other Supervisor to draft and execute said resolutions - All Districts
52143 APPROVED AS AMENDED TO ADD PRESCRIPTION DRUG TAKE-BACK DAY IN
APRIL AND OLDER AMERICANS MONTH IN MAY
RESO: 15-138
25. Approve the Conflict of Interest Code Designated Filer Exhibits for the Orange County In-
Home Supportive Services Public Authority - All Districts
26. Acting as the Legislative Body of the Community Facilities Districts - Receive and file the
annual report pursuant to the Local Agency Special Tax and Accountability Act for
Community Facilities Districts 2001-1, 2002-1, 2003-1 and 2004-1 (Ladera Ranch) - District 5
27. Adopt resolution supporting United Way of Orange County to conduct the 2015-16 charitable
campaign for Orange County employees, including fundraising events, 12/15/15 - 6/30/16 - All
Districts
RESO: 15-139
28. Approve side letter agreements with Alliance of Orange County Workers, Orange County
Employees Association and International Union of Operating Engineers, Local 501, AFL-CIO
for overtime pay related to activations of County's Emergency Operations Center and
Department Operations Centers - All Districts
45123 DELETED
30. Supervisor Steel - Direct Auditor-Controller in accordance with Election Code section 9160(c), to
prepare and within sixty days provide to the Board a fiscal impact statement describing and
summarizing fiscal costs of measure establishing a Campaign Finance and Ethics Commission,
approved for placement on 6/7/16 election ballot (Continued from 11/10/15, Item 17)
45123 CONTINUED TO 1/12/16, 9:30 A.M.
DEPARTMENT APPOINTMENTS
31. Health Care Agency - Select and appoint one candidate to the CalOptima Board of Directors County
Resident/Non-Consumer position for term ending 4/30/16 - All Districts (Continued from 9/1/15, Item
18; 9/22/15, Item 35; 10/27/15, Item 13)
B.O. DELETED
Sheriff-Coroner:
36. Approve cooperative agreement with City of Newport Beach for Mooring Management
Services, Newport Harbor, 1/1/16 - 12/31/20 ($1,603,781) - District 2
25143 APPROVED AS RECOMMENDED
37. Accept grant award from California Emergency Management Agency for 2015 Emergency
Management Performance Grant funds ($777,250); approve agreement form to transfer funds
to participating cities; authorize Sheriff-Coroner or designee to execute individual agreements;
authorize Auditor Controller to transfer funds to participating cities under certain conditions;
and authorize Purchasing Agent to purchase related equipment and services - All Districts
15243 APPROVED AS RECOMMENDED
38. Treasurer-Tax Collector - Adopt resolution approving 2016 Investment Policy Statement delegating
authority, as authorized by Codified Ordinance Section 1-2-320 to the Treasurer-Tax Collector; and
approve amended Treasury Oversight Committee Bylaws and Rules of Procedures - All Districts
53124 APPROVED AS RECOMMENDED
RESO: 15-140
39. Ratify retroactive Memorandum of Understanding with California Department of State Hospitals and
California Mental Health Services Authority and Participating Counties for purchase of State Hospital
beds, 7/1/14 - 6/30/16 ($11,129,832); and authorize Director or designee to execute MOU - All
Districts
15243 APPROVED AS RECOMMENDED
40. Approve amendment 5 to master agreement MA-042-15010682 with Accela, Inc., for software
licensing, maintenance and support services for environmental health programs, 2/1/16 - 1/31/17
($301,761; cumulative total $1,213,224); and authorize Purchasing Agent or authorized Deputy to
execute amendment - All Districts
53124 CONTINUED TO 1/12/16, 9:30 A.M.; DIRECTED STAFF TO LOOK INTO MODIFICATIONS
TO STANDARD TERMS AND CONDITIONS AND ENSURE NEWLY ACQUIRED
COMPANY AND SUBCONTRACTORS HAVE BEEN THROUGH LEGAL REVIEW TO
ENSURE THERE ARE NO PENDING LAWSUITS OR LEGAL ISSUES
41. Approve selection of and agreement with Hospital Association of Southern California for
Administrative Mental Health Hospital Triage services, 11/1/15 - 6/30/17 ($3,422,448); and authorize
Director or designee to exercise cost contingency increase not to exceed 10% under certain conditions
and to execute agreement - All Districts (Continued from 10/27/15, Item 16; 11/17/15, Item 5; 12/8/15,
Item 27)
B.O. CONTINUED TO 1/26/16, 9:30 A.M.
OC COMMUNITY RESOURCES
42. Approve amendment 1 to Workforce Innovation and Opportunity Act agreements MA-012-16010498
with City of La Habra (Northern Region) ($50,000; new total $430,318) and Orange County
Conservation Corps (Coastal and Northern Region) ($100,000; new total $552,542); and amendment 2
to agreement with Orange County Asian and Pacific Islander Community Alliance (Coastal and
Western Region) ($140,000; new total $1,339,520), effective upon Board approval through 6/30/16;
and authorize Director or designee exercise a cost contingency increase not to exceed 10% under
certain conditions, make line item budget transfers and execute agreements - All Districts
41253 APPROVED AS RECOMMENDED
43. Approve amendment 1 to amended and restated lease and option with Waterfront Resort Properties,
L.P. and Newport Dunes Marina, LLC (tenant) allowing development of two hotels and extend lease
option period to 2020; approve consent to hotel sublease between tenant and Brighton Management,
LLC; approve consent to amended and restated sublease between tenant and Newport Dunes Resort
and Marina Partnership; delegate to CEO/Chief Real Estate Officer or designee the authority to consent
to hotel sublease under certain conditions and to enter into model subordination, attornment and non-
disturbance agreements with Brighton Management, LLC or a Brighton affiliate under certain
conditions; and make California Environmental Quality Act and other findings - District 2 (4/5 vote of
members present) (Continued from 12/8/15, Item 34)
B.O. CONTINUED TO 1/12/16, 9:30 A.M.
OC PUBLIC WORKS
44. Receive bids and award contracts to CAM Painting, Inc., Todd Painting, Inc., Interlog Corp. dba
Interlog Construction, Harry H. Joh Construction, and CTG Construction, Inc. for painting services,
12/15/15 - 12/14/16 ($500,000 each) - All Districts
24153 APPROVED AS RECOMMENDED
45. Approve agreements MA-080-16010911 with SVA Architects, Inc., MA-080-16010912 with HMC
Group, MA-080-16010913 with Westgroup Designs, MA-080-16010914 with Owen Group, MA-080-
16010915 with The Arcanthus Corporation dba Archetype International, MA-080-16010916 with
Gkkworks, MA-080-16010917 with TAIT & Associates, Inc., and MA-080-16010918 with GA Design
Inc. for on-call architectural services support, 12/15/15 - 12/14/20 ($1,500,000 each); and authorize
Director or designee to execute agreements - All Districts
45123 APPROVED AS RECOMMENDED
46. Approve agreement MA-299-16010968 with LSA Associates, Inc. for archaeological, paleontological
and biological services for South Region Landfills, 12/15/15 - 12/14/18 ($950,000); authorize Director
or designee to execute agreement; and make California Environmental Quality Act and other findings -
Districts 2, 3 and 5
52143 APPROVED AS RECOMMENDED
47. Consider second reading and adoption of "An Ordinance of the County of Orange, California,
Amending Various Sections of the County of Orange Subdivision Code, Article 3 of Division 9 of Title
7, and Section 7-9-136.1 of the Comprehensive Zoning Code, Article 2 of Division 9 of Title 7, of the
Codified Ordinances of the County of Orange, to Reflect New County Organizational Structure, Clarify
and Streamline the Subdivision Process, Improve Consistency with State Law, and Expand the
Allowable Uses of Temporary Real Estate Offices for Residential Tract Sales and Rentals" - All
Districts (Closed Public Hearing on 12/8/15, Item 52)
45123 APPROVED AS RECOMMENDED
ORD: 15-021
48. Acting as the Board of Supervisors and Orange County Flood Control District - Approve
acquisition contract with and accept grant deed from Hyponex Corporation for purchase of real
property, 15978 El Prado Road, Chino, California; authorize Chief Real Estate Officer or designee to
execute related documents and minor modifications under certain conditions; approve lease with
Hyponex Corporation, three-year term; authorize Director or designee to execute lease and make minor
modifications to lease; authorize Auditor-Controller to make related payments; and adopt resolution
making related findings - All Districts
14253 APPROVED AS RECOMMENDED
RESO: 15-141
49. Approve amendment 6 to Successor Refuse Gas Lease and agreement and approve amendment 8 to
Site Lease agreement with Coyote Canyon Energy LLC, effective 1/1/16; authorize Director or
designee to execute amendments; and consider application of Final Mitigated Negative Declaration No.
90-24 and Addendum 2 and other findings - District 2
21453 APPROVED AS RECOMMENDED
50. Approve amendment 1 to agreements with Cities, Facility Operators and Sanitary Districts for waste
disposal, new offer expiration 6/30/16; approve continued waste importation and share net waste
importation revenue; and extend current term an additional 5 years, 7/1/20 - 6/30/25; and authorize
Director or designee to execute amendment - All Districts
14253 APPROVED AS RECOMMENDED
51. Select Arbor E&T, LLC, dba ResCare Workforce Services for welfare to work job and employment
services, 7/1/16 - 6/30/21; and authorize negotiation of agreement for Board approval - All Districts
54123 APPROVED AS RECOMMENDED
52. Select MAXIMUS Human Services, Inc. for welfare to work case management services, 7/1/16 -
6/30/21; and authorize negotiation of agreement for Board approval - All Districts
15243 APPROVED AS RECOMMENDED
53. Approve Orange County Children's Trust Fund Commission's Fiscal Year 2015-16 recommendation to
fund child abuse prevention, emergency support and crisis intervention services - All Districts
42153 APPROVED AS RECOMMENDED
GENERAL ADMINISTRATION
54. Approve recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts
15243 RECEIVED AND FILED
55. Approve amendment 1 to Lease agreement GA 1213-137-1 with Leed Warner, LLC for offices
and storage facilities for SSA Adult Services and centralized operations, Santa Ana, term of 15
years; authorize Chief Real Estate Officer to execute subsequent lease amendment and make
subsequent non-monetary and/or monetary changes not to increase costs by more than $50,000
per amendment; and make California Environmental Quality Act and other findings - District 1
B.O. DELETED
57. Adopt resolution authorizing issuance of a Pension Obligation Debenture, issuance and sale of
short-term Taxable Pension Obligation Bonds, 2016 Series A ($357,000,000); and execution
and delivery of Sixth Supplemental Trust agreement and Bond Purchase agreement; approve
Preliminary Official Statement form; and authorizing Public Finance Director to execute all
related documents; approve related budget adjustments and related payments; and make related
findings - All Districts (RA 2 & 3 4/5 vote of the members present)
45123 APPROVED AS RECOMMENDED
RESO: 15-142
58. Approve amendments to 2015-16 County of Orange Legislative Platform and legislative
proposal for 2016 - All Districts
B.O. CONTINUED TO 1/12/16, 9:30 A.M.
59. Approve grant applications/awards submitted by District Attorney in 12/15/15 grant report and
other actions as recommended; adopt resolution authorizing District Attorney or designee to
execute grant sub-award and amendments with California Office of Emergency Services
(CalOES) for Victim/Witness Assistance Program, 7/1/15 - 6/30/16 ($576,333; new total
$1,848,817); and make California Environmental Quality Act and other findings - All Districts
25143 APPROVED AS RECOMMENDED
RESO: 15-143
60. Human Resource Services - Select Secova Inc. as primary and Xerox HR Solutions LLC as alternate
firms for Benefits Administration Outsourcing services for all County health and welfare benefit
programs; and authorize negotiation of agreement for Board approval - All Districts
25143 APPROVED AS RECOMMENDED
61. Chairman Spitzer and Supervisor Do - Consider second reading and adoption of "An Ordinance of
the County of Orange, California, Amending Title 1, Division 2, Article 18 of the Codified Ordinance
of the County of Orange Pertaining to the Office of Independent Review" - All Districts (Continued
from 12/8/15, Item S50C)
31245 APPROVED AS RECOMMENDED
NN
ORD: 15-022
S61A. County Counsel - Approve amendment to agreement with Michael Gennaco for special counsel
services ($10,000 per month); approve amendment 2 to agreement with Stephen Connolly for special
legal services, month to month terms ($17,500 per month, County Executive Manager car allowance
$765); and direct County Executive Officer to conduct a nationwide recruitment for position of
Executive Director of Office of Independent Review - All Districts
13245 APPROVED AS RECOMMENDED
NN
S61B. County Executive Office - Approve Purchase and Sale agreement with Orange County Transportation
Authority for purchase of property identified as APN: 398-252-07 and APN: 398-252-05, containing
former Santa Ana Transit Terminal, Santa Ana ($3,298,000); authorize Chief Real Estate Officer or
designee to execute agreement, related documents, make minor modifications under certain conditions,
perform related actions and conduct due diligence investigations to comply with applicable County
ordinances and best practices; direct Chief Real Estate Officer or designee to return to the Board upon
completion of all due diligence investigations regarding the real estate and when contingencies set forth
in the purchase and sale agreement are fulfilled; direct Auditor-Controller to make related payments;
and make California Environmental Quality Act and other findings - District 1
14253 APPROVED AS RECOMMENDED
OC PUBLIC WORKS
62. Public Hearing to consider first reading and adoption of " An Ordinance of the Board of Supervisors of
the County of Orange, California Amending the North Tustin Specific Plan to Delete the Senior
Residential Housing (SRH) Land Use District and to Reclassify the Land Use District for 11901
Newport Avenue from SRH to Residential Single Family (100-RSF)"; and consider application of prior
Final Environmental Impact Report No. 421 and addendum IP 15-109 and other findings - All Districts
B.O. CLOSED PUBLIC HEARING
GENERAL ADMINISTRATION
County Counsel:
CS-3. County Executive Office - CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to
Government Code Section 54956.8:
Property Location: Future County of Orange Property at Former MCAS Tustin, South of Valencia
Avenue and West of Armstrong Avenue
County Negotiator: Scott D. Mayer, Chief Real Estate Officer
Negotiating Party: South Orange County Community College District
Under Negotiation: Terms and Value of Future Acquisition or Lease
B.O. HELD, NO REPORTABLE ACTION
SCS7. Human Resource Services - PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code
Section 54957(b):
Title: Interim Public Defender
B.O. HELD, THE CHAIRMAN READ: THE BOARD BY A UNANIMOUS VOTE, APPOINTED
SHARON PETROSINO TO THE POSITION OF INTERIM PUBLIC DEFENDER,
EFFECTIVE 5:00 P.M., DECEMBER 30, 2015
PUBLIC COMMENTS:
Elissa Davey - Oral Re: Co-Founder of Garden of Innocence National; burials for unidentified and abandoned
children
Ilya Tseglin - Oral Re: OC Regional Center, Nate Tseglin, Public Defender, appointment of Frank Ospino to
judgeship in the Orange County Superior Court
Robert Tseglin - Oral Re: Public Defender fraud and Nate Tseglin
Mary E. Oberschlake - Oral Re: CalOptima Board needs to expand solicitation process when filling vacant
positions and should include patient/patient advocate representative
Liliana Benitez - Oral Re: CalOptima Board needs to fills vacant positions with patient/patient advocate
representative
BOARD COMMENTS:
None
1. Supervisor Do A. Abstained
2. Supervisor Steel X. Excused
3. Supervisor Spitzer N. No
4. Supervisor Nelson BO Board Order
5. Supervisor Bartlett
ORD. = Ordinance
RESO. = Resolution
Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management
Practices (BMPs) that parties using properties within Orange County must adhere to.
6. 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.
7. Final Acceptance: All Work as 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
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Other Than Normal Working Hours: means Work done between the hours of 5:00 PM to 7:00
AM, on week days and any times during Saturday, Sunday, and County holidays.
15. Project: The Work to be performed by Contractor on behalf of County pursuant to this Contract
as described in individual Job Orders.
16. Request for Quote (RFQ): The County’s Request for Quote for a specific Job Order.
17. 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.
18. 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.
C011987 Page 2 of 52
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Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
ARTICLES
1. Scope of Contract: This Contract, including Attachments, specifies the contractual terms and
conditions by which the Contractor will provide Plumbing Services under a Usage Contract, as
set forth in the Scope of Work identified as Attachment A to this Contract.
2. Term: This Contract shall become effective December 13, 2017 if all necessary signatures have
been executed by that date, or upon execution of all necessary signatures if execution occurs
after December 13, 2017, and shall continue for one (1) year from said date or execution,
whichever is later, or until the total Contract amount is reached, or unless otherwise terminated
as provided herein. Dates are in accordance with prior year’s contract expiration
3. 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.
4. County's Representatives:
A. The Contract will be under the general direction of the Board of Supervisors. OC Public
Works 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, or OC Public Works, 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.
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Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
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 insure 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.
5. 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. Superintendence: 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.
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,
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
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. Superintendence and 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.
6. 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.
7. Child Support Enforcement Requirements: Contractor is required to comply with the child
support enforcement requirements of the County. Failure of the Contractor to comply with all
federal, state, and local reporting requirements for child support enforcement or to comply with
all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall
constitute a material breach of the Contract. Failure to cure such breach within 60 calendar days
of notice from the County shall constitute grounds for termination of the Contract.
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: The Contractor shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interests of the County. This
obligation shall apply to the Contractor; the Contractor’s employees, agents, and relatives;
subcontractors; and third parties associated with accomplishing work and services hereunder.
The Contractor’s efforts shall include, but not be limited to establishing precautions to prevent
its employees or agents from making, receiving, providing or offering gifts, entertainment,
payments, loans or other considerations which could be deemed to appear to influence
individuals to act contrary to the best interests of the County.
10. 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.
11. 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.
12. 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
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
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.
13. 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.
14. 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 spokespersons for County projects
without first obtaining permission from the County Project Manager.
15. 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.
16. 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
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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.
17. 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.
18. 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.
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.
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.
19. 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.
20. 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
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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.
21. Protection: The Contractor shall take proper safety and health precautions to protect the Work,
the workers, the public, and the property of others. He 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
OC Public Works. Contractor's and subcontractors' employees shall possess means of
identification at all times as required by OC Public Works 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 OC Public Works. Any dispute as to compensation claimed by the
Contractor on account of emergency Work shall be determined by agreement as hereinafter set
forth.
OC Public Works 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
OC Public Works shall not relieve the Contractor of responsibility.
If the Contractor fails or refuses to comply promptly, OC Public Works 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.
22. 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 (“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 property resulting from defects or obstructions or from any cause
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whatsoever during the progress of the Project or at any time before its completion and final
acceptance.
The Contractor shall indemnify, defend with counsel approved in writing by County and save
harmless the County Indemnitees from all claims, suits or actions of every name, kind and
description, brought for, or on account of, injuries to or death of any person or damage to
property resulting from the construction of the Project or by or in consequence of any negligence
in guarding the Project; use of improper materials in construction of the Project; or by or on
account of any act or omission by the Contractor or his agents during the progress of the Work or
at any time before the completion and final acceptance of the Project.
In addition to any remedy authorized by law, so much of the money due the Contractor under
and by virtue of the Contract as shall be considered necessary by the County may be retained by
it until disposition has been made of such suits or claims for damages as aforesaid.
If judgment is entered against Contractor and County by a court of competent jurisdiction
because of the concurrent active negligence of County and County Indemnitees, Contractor and
County agree that liability will be apportioned as determined by the court. Neither Party shall
request a jury apportionment.
Notwithstanding anything stated above, nothing contained herein shall relieve Contractor of any
insurance requirements of obligations created elsewhere in this Contract.
23. Other Contracts: The Board of Supervisors may undertake or award other contracts for
additional Work, and the Contractor shall fully cooperate with such other contractors and County
employees and carefully fit his own Work to such additional Work as may be directed by OC
Public Works. The Contractor shall not commit or permit any act, which will interfere with the
performance of Work by any other contractor or by County employees.
24. Breach of Contract: The failure of the Contractor to comply with any of the provisions,
covenants or conditions of this Contract, shall constitute a material breach of this Contract. In
such event the County may, and in addition to any other remedies available at law, in equity, or
otherwise specified in this Contract:
i. Afford the Contractor written notice of the breach and ten calendar days or such shorter
time that may be specified in this Contract within which to cure the breach;
ii. Discontinue payment to the Contractor for and during the period in which the Contractor
is in breach and offset against any monies billed by the Contractor but yet unpaid by the
County those monies disallowed pursuant to the above.
iii. Terminate the Contract immediately without penalty.
25. Orderly Termination: Upon termination or other expiration of this Contract, each Party shall
promptly return to the other Party all papers, materials, and other properties of the other held by
each for purposes of execution of the Contract. In addition, each Party will assist the other Party
in orderly termination of this Contract and the transfer of all assets, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each Party.
26. Wage Rates: Pursuant to the provisions of Section 1773 of the Labor Code of the state of
California, the Contractor shall comply with the general prevailing rates of per diem wages and
the general prevailing rates for holiday and overtime wages in this locality for each craft,
classification, or type of worker needed to execute this Contract. The rates are available from
the Director of the Department of Industrial Relations at the following website:
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Pursuant to Section 1725.5 of the Labor Code, a contractor shall be registered to be qualified to
bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any public work contract that is subject to the
requirements of this chapter. For the purposes of this section, “contractor” includes a
subcontractor as defined by Section 1722.1.
It is not a violation of this section for an unregistered contractor to submit a bid that is authorized
by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the
Public Contract Code, provided the contractor is registered to perform public work pursuant to
Section 1725.5 at the time the contract is awarded.
The County will not accept a bid nor enter any contract or subcontract without proof of the
contractor or subcontractor’s current registration to perform public work pursuant to Section
1725.5.
Any job orders issued under this Contract may be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. The prime contractor shall post job site
notices, as prescribed by regulation. Each contractor and subcontractor shall furnish the records
specified in Section 1776 directly to the Labor Commissioner.
The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it
shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices
solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except
as provided in Section 3077.
27. Wage Rate Penalty: Pursuant to the provisions of the Labor Code Section 1775, the Contractor
shall forfeit to the County, as a penalty, the sum of Twenty-five Dollars ($25) for each calendar
day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the
stipulated prevailing rates for Work done under this Contract, by Contractor or by
subcontractors, in violation of the provisions of this Contract.
28. Payroll Records: CONTRACTOR and any Subcontractor(s) shall comply with the
requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish
the records specified in Section 1776 directly to the Labor Commissioner in an electronic format,
or other format as specified by the Commissioner, in the manner provided by Labor Code
Section 1771.4.
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1.1.1. CONTRACTOR and any Subcontractor(s) performing any portion of the work under
this Contract shall keep an accurate record, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each journeyman, apprentice, worker, or
other employee employed by CONTRACTOR or any Subcontractor(s) in connection
with the work.
1.1.2. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct.
(b) The employer has complied with the requirements of Labor Code Sections 1771,
1811, and 1815 for any work performed by his or her employees in connection with
the Contract.
1.1.3. The payroll records shall be certified and shall be available for inspection at the principal
office of CONTRACTOR on the basis set forth in Labor Code Section 1776.
1.1.4. CONTRACTOR shall inform COUNTY of the location of the payroll records, including
the street address, city and county, and shall, within five working days, provide a notice
of any change of location and address of the records.
1.1.5. Pursuant to Labor Code Section 1776, CONTRACTOR and any Subcontractor(s) shall
have 10 days in which to provide a certified copy of the payroll records subsequent to
receipt of a written notice requesting the records described herein. In the event that
CONTRACTOR or any Subcontractor fails to comply within the 10-day period, he or
she shall, as a penalty to COUNTY, forfeit $100, or a higher amount as provided by
Section 1776, for each calendar day, or portion thereof, for each worker to whom the
noncompliance pertains, until strict compliance is effectuated. CONTRACTOR
acknowledges that, without limitation as to other remedies of enforcement available to
COUNTY, upon the request of the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement of the California Department of Industrial Relations,
such penalties shall be withheld from progress payments then due CONTRACTOR.
CONTRACTOR is not subject to a penalty assessment pursuant to this section due to the
failure of a Subcontractor to comply with this section.
CONTRACTOR and any Subcontractor(s) shall comply with the provisions of Labor Code
Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general
prevailing rates of per diem wages and holiday and overtime wages as determined by the
Director of Industrial Relations. CONTRACTOR shall post a copy of these wage rates at the job
site for each craft, classification, or type of worker needed in the performance of this Contract, as
well as any additional job site notices required by Labor Code Section 1771.4(b). Copies of
these rates are on file at the principal office of COUNTY’s representative, or may be obtained
from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at
www.dir.ca.gov. If the Contract is federally funded, CONTRACTOR and any Subcontractor(s)
shall not pay less than the higher of these rates or the rates determined by the United States
Department of Labor.
29. Work Hour Penalty: Eight hours of labor constitute a legal day's Work, and forty hours
constitute a legal week's Work. Pursuant to Section 1813 of the Labor Code of the State of
California, the Contractor shall forfeit to the County Twenty Five Dollars ($25) for each worker
employed in the execution of this Contract by the Contractor or by any subcontractor for each
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calendar day during which such worker is required or permitted to Work more than the legal
day's or week's Work, except that Work performed by employees of said Contractor and
subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon
the payment of compensation to the workers for all hours worked in excess of eight hours per
day of not less than 1-1/2 times the basic rate of pay.
30. Registration of Contractors: Contractor and all subcontractors must comply with the
requirements of labor code section 1771.1(a), pertaining to registration of contractors pursuant to
section 1725.5. Registration and all related requirements of those sections must be maintained
throughout the performance of the Contract.
31. Withholding of Wage Differentials: The County may withhold from the Contractor as much of
any accrued payments as may be necessary to pay laborers, craft workmen and mechanics
employed on the Project any difference between the rate of wages required to be paid pursuant to
California law and the rate of wages actually paid to such laborers, craft workmen and
mechanics.
32. Craft Labor Time Records: The Contractor shall keep full, true and accurate records of the
names and actual hours worked by the respective workers and laborers employed under this
Contract in accordance with California Labor Code and shall allow access to the same any
reasonable hour to the County, its agents or representatives and to any person having the
authority to inspect the same as contemplated under the provisions of said California Labor
Code, or when requested by the County.
Eight (8) hours of labor shall constitute a legal day’s Work. The Contractor shall comply with
Labor Code regarding legal day’s Work and overtime.
33. Non-Discrimination: In the performance of the terms of this Contract, Contractor agrees that
he will not engage in nor permit such subcontractors as he may employ to engage in
discrimination against any employee or applicant for employment on the basis of race, sex,
color, religion, ancestry, national origin, marital status, age or as an otherwise qualified
handicapped individual. This prohibition shall pertain to employment, upgrading, demotion, or
transfer; recruitment advertising; layoff or termination; rates of pay and other forms of
compensation; selection for training, including apprenticeship; and any other action or inaction
pertaining to employment matters.
34. Assignment Of Antitrust Actions: In accordance with Public Contract Code, Section 7103.5,
by entering into this Contract or into a subcontract to supply goods, services, or materials
pursuant to this Contract, the Contractor, or subcontractor, offers and agrees to assign to the
County all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with
Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to this Contract or the subcontract. This
assignment shall be made and become effective at the time the County tenders final payment to
the Contractor, without further acknowledgment by the parties. The Contractor shall cause to be
inserted in any such subcontract stipulations to effectuate this Clause and the provisions of
Public Contract Code, Section 7103.5.
35. Substituted Security: In accordance with Section 22300 of the Public Contract Code, the
County will, at the request and expense of the Contractor, accept securities equivalent to any
amount withheld by the County to ensure performance under this Contract, including, but not
limited to, the amount withheld under Attachment B, Paragraph IV of the Contract. Such
substituted security must meet the requirements of said Section 22300, and shall be deposited
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with a California or federally chartered bank as escrow agent. The security shall be held by the
escrow agent subject to a written escrow agreement between County, Contractor, and escrow
agent, which Contract shall be in a for substantially similar to that contained in Public Contract
Code, Section 22300.
36. Apprentices: The Contractor shall familiarize himself with the provisions of Section 1777.5 of
the Labor Code regarding employment of apprentices, and shall be responsible for compliance
therewith, including compliance by his subcontractors.
Contractor agrees to comply with the provisions of Labor Code Section 1777.5 and any other
applicable laws or regulations, including but not limited to, 8 California Code of Regulations,
Section 230.1(A), pertaining to apprentices. Section 1777.5 shall not apply to contracts of
general contractors or to contracts of specialty contractors not bidding for Work through a
general or prime contractor when the contracts of general contractors or those specialty
contractors involve less than Thirty Thousand Dollars ($30,000).
Contractor and subcontractor shall comply with Section 1777.6 of the Labor Code which
stipulates that an employer or a labor union shall not refuse to accept otherwise qualified
employees as registered apprentices on any public works on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as provided in Section 3077 of the Labor Code and
Section 12940 of the Government Code.
37. Liquidated Damages: Timely Completion of services provided under this Contract is of the
essence. Should the Contractor fail to substantially complete the Work specified in the Job Order
in accordance with the approved construction schedule, and provided the Contractor has not
previously obtained a written extension of time from the County in accordance with this
Contract, a sum appropriate with the following schedule may be deducted from each succeeding
request for payment as liquidated damages on each Job Order if applicable.
Schedule for Liquidated Damages
Job Order price Liquidated damages per day
Up to $100,000 $500
Greater Than $100,000 $1,000
A. The applicability of liquidated damages shall be clearly noted on the Request for Quote for
each Job Order. No liquidated damages shall apply if not noted on the Request for Quote.
If the Contractor fails to complete any part of the Work in accordance with the Work
duration schedule, the County agrees to have the right to complete that part of the Work it
deems necessary in order to maintain the Work duration schedule. All direct and indirect
costs of such Work shall be paid by the Contractor.
38. Material, Workmanship, and Acceptance:
A. Where materials are specified by reference to standard specifications of the American
Society for Testing Materials (A.S.T.M.), Federal Specifications, or others, all applicable
provisions of the designated specifications shall be considered as forming a part of the
Contract documents to the same force and effect as if repeated therein.
B. All Work under this Contract shall be performed in a skillful and workmanlike manner.
OC Public Works may, in writing, require the Contractor to remove from the Work any
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dimensions in the drawings. Anything mentioned in the specifications and not shown on
the drawings, or shown on the drawings and not mentioned in the specifications, shall be
of like effect as if shown or mentioned in both.
B. Omissions and Mis-descriptions: Omissions from the drawings or specifications, or the
mis-description of details of Work which are manifestly necessary to carry out the intent of
the drawings and specifications, or which are customarily performed, shall be called to the
attention of the County as soon as possible. The County shall promptly notify the
Contractor of the correction or addition to be made. In the event the omission or
misdirection is substantial and the custom of the trade or industry does not require the
Contractor to perform the Work without issuance of an additional Job order. Any
adjustment by the Contractor without written determination shall be at Contractor’s own
risk and expense.
C. Conflicting Information: In case of conflict between sections of the specifications and/or
the drawings, the Contractor shall call this to attention of the County and ask for
clarification, which is to be documented within the Job Order.
D. Drawings and Specifications at the Site: The Contractor shall keep available at the site for
ready reference a complete set of all Contract drawings, details, supplementary drawings,
approved shop drawings, a complete copy of the specifications with all addenda, bulletins,
amendments, and copies of project correspondence. The Contractor shall maintain on the
site a complete "as-built" record set of drawings. In addition, the Contractor shall keep on
the site a copy of each manufacturer's current printed recommendations. Contractor shall
also submit a copy to the County.
E. Deviations: Deviations from the drawings and the dimensions therein given, whether or
not error is believed to exist, shall be made only after written authority is obtained from
the County, and shall be documented within the Detailed Scope of Work for the specific
Job Order.
F. Technical Specifications: The Technical Specifications furnished on the CD are intended
to establish the standards for quality, performance and technical requirements for all labor,
workmanship, material, methods and equipment necessary to complete the Work. When
specifications and drawings are provided or referenced by the County, these are to be
considered part of the Scope of Work, and to be specifically documented in the Detailed
Scope of Work. For convenience, the County supplied specifications, if any, and the
Technical Specifications furnished on the CD.
41. Division of the Specifications:
A. For convenience, these specifications are arranged in several divisions and sections, but
such separations shall not be considered as the limits of the Work required for any
subcontract or trade; the terms and conditions of such limitations are wholly between the
Contractor and his subcontractors, and the County will not be responsible for any division
of Work by subcontractors. The Contractor will be solely responsible for all subcontract
arrangements of Work regardless of the location of provisions in the specifications.
B. Schedules of Work included in the sections, where listed, are given for convenience only,
and shall not be considered as a comprehensive list of items or Work necessary to
complete the Work of any section.
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C. Where devices or items or parts thereof are referred to in the singular, it is intended that
such reference shall apply to as many such devices, items, or parts as are required to
properly complete the Work.
D. Each section of the specifications is covered by applicable requirements of the Contract
documents and other related sections as if therein written.
42. Site Conditions:
A. Existing Site Conditions: Information with respect to the site of the Work given in
drawings or specifications has been obtained by County's representatives and is believed to
be reasonably correct, but the County does not warrant either the completeness or accuracy
of such information, and it is the responsibility of the Contractor to verify all such
information.
B. Changed Conditions: The Contractor shall promptly, and before such conditions are
disturbed, notify the County Project Manager in writing of:
i. Subsurface or latent physical conditions at the site differing materially from those
indicated in this Contract, or
ii. Unknown physical conditions at the site, of an unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in Work of
the character provided for in this Contract.
iii. Material that the Contractor believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code that is required to be
removed to a Class I, Class II or Class III disposal site in accordance with provisions
of existing law.
iv. County Project Manager will promptly investigate the conditions, and if, as a result,
finds that such conditions do so materially differ and cause an increase or decrease
in the Contractor's cost of, or the time required or performance of this Contract, an
equitable adjustment in accordance with section 17 above, and Articles 32 and 46,
shall be made and the Contract modified in writing accordingly. Any claim of the
Contractor for adjustment hereunder shall not be allowed unless he has given notice
as above required.
In the event that a dispute arises between the County and the Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor’s cost of, or, time required for, performance of any part of
the Work, the Contractor shall not be excused from any scheduled completion date
provided for by the Contract, but shall proceed with all Work to be performed under
the Contract. The Contractor shall retain any and all rights provided either by
Contract or by law which pertain to the resolution of disputes and protests between
the contracting parties.
C. Public Utility Facilities on Project Site: Pursuant to Government Code, Section 4215, the
Contractor shall be compensated for the costs of locating and repairing damage not due to
failure of Contractor to exercise reasonable care, and removing, relocating existing or
protecting existing main or trunkline utility facilities located on the Contract construction
site and not identified in the plans or specifications with reasonable accuracy. This will be
accomplished by the issuance of a separate Job Order. The payment of this is full
compensation for all Contractor’s cost.
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D. Space at Site: The Contractor shall be allowed reasonable space at the site of the Work as
available and access thereto and shall confine his operations to the space assigned. The
Work shall be done without interference with the ordinary use of streets, berthing places,
fairways, and passages. The Contractor shall cooperate with other Contractors of the
County and shall not commit or permit any act which will interfere with the performance
of Work by any other Contractor or employees of the County whether at the site or not.
E. Facility Security: Contractor shall keep all doors locked while working in any buildings
on the site. Keys shall not be left in the doors. Contractor shall not admit any person into
the building that is not a direct employee of the Contractor and not actively engaged in
performance of the Work. Contractor shall restrict access to the areas of the facility not
specifically included in this Contract for construction services. The Contractor shall check
all windows and doors for proper closure and locking, extinguish all lights except master
security lighting, and then reactivate the security system (if applicable) prior to leaving the
facility.
F. Security System: The site and the Work area may be protected by limited access security
systems. An initial access code number will be issued to the Contractor by the County.
Thereafter, all costs for changing the access code due to changes in personnel or required
substitution of contracts shall be paid by the Contractor and may be deducted from
payments due or to become due to the Contractor. Furthermore, any alarms originating
from the Contractor’s operations shall also be paid by the Contractor and may be deducted
from payments due or to become due to the Contractor.
G. Secured Facilities: For specific Job Orders, the work may be conducted at secured County
facilities. As a requirement to work in these Facilities, all Contractor employees, including
all subcontractor employees, must obtain a security clearance. If security clearances are
required, this will be discussed at the Joint Scope meeting. At the Joint Scope meeting, all
requirements and forms will be provided by the County Project Manager. Also, the
requirement to obtain the clearances will be incorporated in the Job Order Schedule. All
costs to obtain clearances are the responsibility of the Contractor.
H. Employee Acceptability: If required by a specific Job Order, prior to commencing any
construction at the site, Contractor shall obtain security clearances of all persons and/or
entities it intends to employ. During the life of a Job Order, Contractor shall remove and
replace any employee working on this project when requested to do so by the County.
43. Beneficial Occupancy:
A. The County may, at any time, and from time to time, during the performance of the Work,
enter the structure for the purpose of installing any necessary Work by County labor of
other contracts, and for any other purpose in connection with the installation of facilities.
In doing so, the County shall endeavor not to interfere with the Contractor and the
Contractor shall not interfere with other Work being done by or on behalf of the County.
B. If, prior to completion and Final Acceptance of all the Work under a specific Job Order,
the County takes possession of any structure (whether completed or otherwise) comprising
a portion of that Project with the intent of retaining possession thereof (as distinguished
from temporary possession contemplating the return to the Contractor), then, while the
County is in possession of the same, the Contractor, notwithstanding its normal
responsibilities, shall be relieved of liability for loss or damage to structure other than that
resulting from the Contractor's fault or negligence. Such taking of possession by the
County shall not relieve the Contractor from any provisions of this Contract respecting
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Harry H. Joh Construction, Inc.
such structure, other than to the extent specified in the preceding sentence, nor constitute a
final acceptance of such structure.
44. Contract Disputes:
A. In the event of a dispute between the Parties as to performance of the Work, the
interpretation of this Contract, or payment or nonpayment for Work performed, the parties
shall attempt to resolve the dispute. Pending resolution of the dispute, the Contractor shall
continue the Work diligently to completion as directed by OC Public Works. If the dispute
is not resolved, the Contractor agrees he will neither rescind this Contract nor stop the
progress of the Work.
B. For this section a “claim” means a separate demand by a contractor sent by registered mail
or certified mail with return receipt requested, for one or more of the following: a time
extension, including, without limitation, for relief from damages or penalties for delay
assessed by a public entity under a contract for a public works project; payment by the
public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public works project and payment for which is not
otherwise expressly provided or to which the claimant is not otherwise entitled; payment
of an amount that is disputed by the public entity.
Pursuant to Public Contract Code Section 9204:
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days,
shall provide the claimant a written statement identifying what portion of the claim is disputed and
what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by
mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt requested,
the public entity shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the claimant a written
statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60
days after the public entity issues its written statement. If the public entity fails to issue a written
statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return
receipt requested, the public entity shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a
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written statement identifying the portion of the claim that remains in dispute and the portion that is
undisputed. Any payment due on an undisputed portion of the claim shall be processed and made
within 60 days after the public entity issues its written statement. Any disputed portion of the
claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with
the public entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed portion of
the claim has been identified in writing. If the parties cannot agree upon a mediator, each party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by
its respective mediator in connection with the selection of the neutral mediator. If mediation is
unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures
outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under
private arbitration or the Public Works Contract Arbitration Program, if mediation under this
section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section shall result
in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public
entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements
of this section, shall not constitute an adverse finding with regard to the merits of the claim or the
responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent
per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a
public entity because privity of contract does not exist, the contractor may present to the public
entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may
request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that
the contractor present a claim for work which was performed by the subcontractor or by a lower
tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be
presented to the public entity shall furnish reasonable documentation to support the claim. Within
45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as
to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim, provide the subcontractor with a statement of the reasons for not having
done so.
Upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and
proceed directly to the commencement of a civil action or binding arbitration, as applicable.
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
C. All construction claims of Three Hundred Seventy Five Thousand Dollars ($375,000) or
less between the Contractor and the County shall be resolved in accordance with the
provisions of Division 2, Part 3, Chapter 1, Article 1.5 of the Public Contract Code of the
State of California. Contractor's sole remedy for construction claims of more than Three
Hundred Seventy Five Thousand Dollars ($375,000) will be to submit such controversy to
determination by a court of the State of California in Orange County, California, having
competent jurisdiction of the dispute, after the project has been completed and not before.
D. Notwithstanding the foregoing, with respect to any dispute involving a claim by the
Contractor for additional compensation, Contractor shall submit such claim in writing to
OC Public Works promptly as the alleged facts giving rise to, or the alleged bases for, the
claim become known to the Contractor; any such claim not promptly so submitted to OC
Public Works shall be deemed waived; and in no event shall a claim for additional
compensation be asserted or be assertable after completion or cessation of the Work.
45. Notices: Any and all notices, requests demands and other communications contemplated, called
for, permitted, or required to be given hereunder shall be in writing, except through the course of
the County’s Project Manager and Contractor’s Project Manager routine exchange of
information and cooperation during the terms of the Work and services. Any written
communications shall be deemed to have been duly given upon actual in-person delivery, if
delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four
calendar days after being mailed by US certified or registered mail, return receipt requested,
postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All
communications shall be addressed to the appropriate Party at the address stated herein or such
other address as the Parties hereto may designate by written notice from time to time in the
manner aforesaid.
County: Jennifer Carroll, Contract Administrator
1143 E. Fruit St
Santa Ana, CA 92701
(714)667-4942
Jennifer.Carroll@ocpw.ocgov.com
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
46. Governing Law and Venue: This Contract has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State of California. In
the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue
shall be a court of competent jurisdiction located in Orange County, California, and the Parties
hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of
Civil Procedure section 394. Furthermore, the Parties specifically agree to waive any and all
rights to request that an action be transferred for trial to another County.
47. Entire Contract: This Contract, including Attachments, which are attached hereto and
incorporated herein by this reference, when accepted by the Contractor either in writing or by the
shipment of any article or other commencement of performance hereunder, contains the entire
Contract between the Parties with respect to the matters herein and there are no restrictions,
promises, warranties or undertakings other than those set forth herein or referred to herein. No
exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized
by County in writing. Electronic acceptance of any additional terms, conditions or supplemental
Contracts by any County employee or agent, including but not limited to installers of software,
shall not be valid or binding on County unless accepted in writing County’s Purchasing Agent or
his designee.
48. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made
in writing and signed by the Parties; no oral understanding or agreement not incorporated herein
shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions
are valid or binding on County unless authorized by County in writing.
49. Taxes: Unless otherwise provided herein or by law, price quoted does not include California
state sales or use tax.
50. Warranty Work: Failure by the Contractor to take corrective action within twenty four (24)
hours after personal or telephonic notice by the County's OC Public Works on items affecting
essential use of the facility, safety or the preservation of property, and within ten (10) calendar
days following written notice on other deficiencies, will result in the County taking whatever
corrective action it deems necessary. All costs resulting from such action by the County will be
claimed against Contractor or, if necessary, the Contractor's Performance Bond.
51. Patent Infringement:
A. The Contractor shall report to OC Public Works, promptly and in reasonable detail, each
notice or claim of patent infringement based on the performance of this Contract of which
the Contractor has knowledge.
B. In the event of any suit against the County, or any claim against the County made before
suit has been instituted, on account of any alleged patent infringement arising out of the
performance of this Contract, or out of the use of any supplies furnished or Work or
services performed hereunder, the Contractor shall, at his own expense, furnish to the
County, upon request, all evidence and information in possession of the Contractor
pertaining to such suit or claim. The Contractor further agrees to indemnify, defend with
counsel approved in writing by County and hold harmless the County against any and all
claims or lawsuits based upon such patent infringement, to defend such suits, and to pay
any judgment rendered against County, its employees, or the Board of Supervisors.
52. Assignment: Neither the Contract nor any portion thereof may be assigned by the Contractor
without the expressed permission of the County. Claims for monies due or to become due the
Contractor from the County under this Contract may be assigned, with the written consent of the
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
County Purchasing Agent or designee, to a bank, trust company, or other financing institution
and may thereafter be further assigned or reassigned to any such institution. To effect such
assignments, the Contractor, or his assignee, shall submit a written request to the County Project
Manager enclosing a letter from the proposed assignee indicating that it will accept such
assignment. Any attempted assignment contrary to the provisions of this paragraph shall be
void.
53. Termination For Cause & Damages For Delay:
A. If the Contractor refuses or fails to prosecute the Work with such diligence as will insure
its completion within the time specified in this Contract or any extension thereof, or fails
to complete said Work within such time, the County Project Manager may, by written
notice to the Contractor, terminate his right to proceed with the Project or such part of the
Project as to which there has been delay. In such event, the County may take over the
Project and prosecute the same to completion, by Contract or otherwise, and may take
possession of and utilize in completing the Project such materials, appliances, and plant as
may be on the site of the Project and necessary therefore. Whether or not the Contractor's
right to proceed with the Project is terminated, he and his sureties shall be liable for any
damage to the County resulting from his refusal or failure to complete the Project within
the specified time.
B. If fixed and agreed liquidated damages are provided in the Contract and if the County
takes over the Project or otherwise incurs damages as a result of Contractor’s default, the
resulting damage will consist of such liquidated damages until such reasonable time as
may be required for final completion of the Project together with any increased costs
occasioned the Project in completing the Project as well as any other damages incurred by
County.
C. The Contractor's right to proceed shall not be so terminated nor the Contractor charged
with resulting damage if:
i. The delay in the completion of the Project arises from causes beyond the control and
without the fault or negligence of the Contractor, including, but not restricted to, acts
of God, acts of the public enemy, acts of the County, acts of another contractor in
the performance of a Contract with the County, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, other than normal weather, or delays of
subcontractors or suppliers arising from causes beyond the control and without the
fault or negligence of both the Contractor and such subcontractors or suppliers; and
ii. The Contractor, within ten days from the beginning of any such delays (unless OC
Public Works grants a further period of time before the date of final payment under
the Contract), notifies OC Public Works in writing of the causes of delay.
iii. OC Public Works shall ascertain the facts and the extent of the delay and extend the
time for completing the Project when, in its judgment, the delay is justified. OC
Public Works shall make written findings, and the findings of fact shall be final and
conclusive on the parties, subject only to as the procedures provided in Article 43 of
these Articles.
D. The rights and remedies of the County provided in this Clause are in addition to any other
rights and remedies provided by law or under this Contract.
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
54. Termination for Convenience of the County: Notwithstanding any other provision of the
Contract, the County may, at any time, and without cause, terminate this Contract in whole or in
part, upon not less than seven (7) days' written notice to the Contractor. Such termination shall
be effected by delivery to the Contractor of a notice of termination specifying the effective date
of the termination and the extent of the Work to be terminated. The Contractor shall
immediately stop Work in accordance with the notice and comply with any other direction as
may be specified in the notice or as provided subsequently by the County. The County shall pay
the Contractor for the Work completed prior to the effective date of the termination and such
other payment Contractor is entitled to under Attachment A, section III. “Performance
Requirements” and such payment shall be Contractor's sole remedy under this Contract. Under
no circumstances will the Contractor be entitled to anticipatory or unearned profits,
consequential damages, or other damages of any sort as a result of a termination or partial
termination under this Paragraph. The Contractor shall insert in all subcontracts that the sub-
consultant shall stop Work on the date of and to the extent specified in a notice of termination,
and shall require sub-consultant’s to insert the same condition in any lower tier subcontracts.
55. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived
and no breach excused, unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the
other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any
other different or subsequent breach.
56. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as
to one another and as to any other provided by law, rather than exclusive; and the expression of
certain remedies in this Contract does not preclude resort by either Party to any other remedies
provided by law.
57. Independent Contractor: Contractor shall be considered an independent Contractor and
neither the Contractor, its subcontractors, employees, nor anyone working for Contractor under
this Contract shall be considered an agent or an employee of County. Neither the Contractor,
employees nor anyone working for the Contractor under this Contract shall qualify for workers’
compensation or other fringe benefits of any kind through County.
58. Performance: Contractor shall perform all Work under this Contract, taking necessary steps
and precautions to perform the Work to County’s satisfaction. Contractor shall be responsible
for the professional quality, technical assurance, timely completion and coordination of all
documentation and other goods/services furnished by the Contractor under this Contract.
Contractor shall perform all Work diligently, carefully, and in a good and workman-like manner;
shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; shall at its sole expense obtain and maintain all permits and licenses required by public
authorities, including those of County required in its governmental capacity, in connection with
performance of the Work; and, if permitted to subcontract, shall be fully responsible for all Work
performed by subcontractors.
59. Insurance Provisions: Prior to the provision of services under this Contract, CONTRACTOR
agrees to purchase all required insurance at CONTRACTOR’s expense, including all
endorsements required herein, necessary to satisfy OWNER that the insurance provisions of this
Contract have been complied with. CONTRACTOR agrees to keep such insurance coverage,
Certificates of Insurance, and endorsements on deposit with OWNER during the entire term of
this Contract. In addition, all Subcontractors performing work on behalf of CONTRACTOR
pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set
forth herein for CONTRACTOR. OWNER reserves the right to request the declarations pages
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
showing all endorsements and a complete certified copy of the policy. All Subcontractors
performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance
subject to the same terms and conditions as set forth herein for CONTRACTOR.
All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. . Any
self-insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall
specifically be approved by the County’s Risk Manager, or designee, upon review of
Contractor’s current audited financial report. If Contractor’s SIR is approved, Contractor, in
addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to
all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all
liability, claim, demand or suit resulting from Contractor’s, its agents, employee’s or
subcontractor’s performance of this Contract, Contractor shall defend the County at its sole cost
and expense with counsel approved by Board of Supervisors against same; and
2) Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty to
indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to
which the duty to defend stated above applies, and the Contractor’s SIR provision shall be
interpreted as though the Contractor was an insurer and the County was the insured.
Upon notice of any actual or alleged claim or loss arising out of subcontractor’s work hereunder,
subcontractor shall immediately satisfy in full the SIR provisions of the policy in order to trigger
coverage for the Contractor and Additional Insureds.
If CONTRACTOR fails to maintain insurance acceptable to OWNER for the full term of this
Contract, the County may terminate the contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A-
(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most
current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).
It is preferred, but not mandatory, that the insurer be licensed to do business in the state of
California (California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
The policy or policies of insurance maintained by the Contractor shall provide the minimum
limits and coverage as set forth below:
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
If the Contractor fails to provide the insurance certificates and endorsements within seven (7)
days of the notification by CEO/Purchasing or the agency/department purchasing division, award
may be made to the next qualified Contractor.
County expressly retains the right to require Contractor to increase or decrease insurance of any
of the above insurance types throughout the term of this Contract. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect County.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements
of this Contract, nor in any way to reduce the policy coverage and limits available from the
insurer.
60. Bonds: The Contractor shall furnish, at time of signing the Contract, one surety bond which
shall protect the laborers and material men and shall be for $1,500,000, in accordance with
Section 9554 of the Civil Code, and one surety bond in the amount of $1,500,000, guaranteeing
the faithful performance of the Contract. If at any time the value of the total task orders is
expected to exceed $1,500,000, the Contractor shall furnish, in a manner acceptable to the
County, evidence that the Contractor is bonded to the expected total value of outstanding task
orders for both the faithful performance and laborers and material men bonds. Contractor shall
not be entitled to, nor shall County authorize, task orders when the total outstanding value of the
task orders under this contract exceeds the bond values for which the County is an obligee. Said
bonds to be approved by the office of the County Counsel and the County Executive Office of
Orange County. Such bonds shall be the forms provided in these specifications and issued and
executed by an admitted surety insurer (authorized to transact surety insurance in California).
(e.g., if the bonds are issued through a surplus line broker, both the surplus line broker and the
insurer with whom he is doing business for purposes of this project must be licensed in
California to issue such bonds.)
The faithful performance bond shall be issued by a Surety company with a minimum insurance
rating of A- (Secure Best’s Rating) and VIII (Financial Size Category) as determined by the
most current edition of the Best’s Key Rating Guide/Property-Casualty/United States or
ambest.com. The Surety Company must also be authorized to write in California by the
Department of the Treasury, and must be listed on the most current edition of the Department of
Treasury’s Listing of Approved Securities.
If any surety upon any bond furnished in connection with this Contract becomes unacceptable to
the County, or if any such surety fails to furnish reports as to his financial condition from time to
time as requested by OC Public Works, the Contractor shall promptly furnish such additional
security as may be required by OC Public Works or the Board of Supervisors from time to time
to protect the interests of the County and of persons supplying labor or materials in the
prosecution of the Work contemplated by this Contract.
If the County increases the total Contract amount the Contractor is to provide a new bond for the
new total Contract amount or a bond for the difference.
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County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
61. Charges, Fines, Penalties and Assessments: Contractor shall be responsible for any and all
charges, fines, penalties, and/or assessments levied against the County by any governmental
entity, administrative or regulatory agency having jurisdiction, resulting from any action or
omission of the Contractor, Contractor's subcontractor, suppliers, and/or employees, unless due
to the sole and active negligence of the County. County is authorized to deduct any such charge,
fine penalty, or assessment from any payment County is otherwise required to make to
Contractor.
If any such charge, fine, penalty, or assessment is levied against the County subsequent to the
completion of the Contract as a result of any action or omission as set forth above, Contractor
shall nevertheless be responsible to the County for the entire sum of such charge, fine, penalty,
or assessment and agrees to pay the full amount due within sixty (60) calendar days of receiving
an invoice from the County.
Contractor shall be liable to the County for attorney's fees and costs incurred by the County in
enforcing the provisions of this paragraph.
62. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and
equipment used in performance of the Work. Contractor shall not permit any lien or charge to
attach to the Work or the premises, but if any does so attach, Contractor shall promptly procure
its release and, in accordance with the requirements of Article 22 above, indemnify, defend, and
hold County harmless and be responsible for payment of all costs, damages, penalties and
expenses related to or arising from or related thereto.
63. Changes: The County may, at any time, by written order, and without notice to the sureties,
make changes in accordance with the terms and conditions of this Contract.
64. Change of Ownership: Contractor agrees that if there is a change or transfer in ownership of
Contractor’s business prior to completion of this Contract, the new owners shall be required
under terms of sale or other transfer to assume Contractor’s duties and obligations contained in
this Contract and complete them to the satisfaction of County.
65. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this
Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond
its reasonable control, provided Contractor gives written notice of the cause of the delay to
County within 36 hours of the start of the delay and Contractor avails himself of any available
remedies.
66. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County and
County-related records and information pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this Contract. All such
records and information shall be considered confidential and kept confidential by Contractor and
Contractor’s staff, agents and employees.
67. Compliance with Laws: Contractor represents and warrants that services to be provided under
this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes,
restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not
limited to those issued by County in its governmental capacity and all other laws applicable to
the services at the time services are provided to and accepted by County. Contractor
acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to
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the requirements of Article 22 above, Contractor agrees that it shall defend, indemnify and hold
County and County Indemnitees harmless from all liability, damages, costs and expenses arising
from or related to a violation of such laws.
68. Pricing: The Contract price, as more fully set forth in Attachment B, shall include full
compensation for providing all required goods in accordance with required specifications, or
services as specified herein or when applicable, in the Scope of Work attached to this Contract,
and no additional compensation will be allowed therefore, unless otherwise provided for in this
Contract.
69. Intentionally left blank.
70. Terms and Conditions: Contractor acknowledges that it has read and agrees to all terms and
conditions included in this Contract.
71. Headings: The various headings and numbers herein, the grouping of provisions of this
Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of
convenience only and shall not limit or otherwise affect the meaning hereof.
72. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
73. Calendar Days: Any reference to the word “day” or “days” herein shall mean calendar day or
calendar days, respectively, unless otherwise expressly provided.
74. Attorneys Fees: In any action or proceeding to enforce or interpret any provision of this
Contract, or where any provision hereof is validly asserted as a defense, each Party shall bear its
own attorney’s fees, costs and expenses.
75. Authority: The Parties to this Contract represent and warrant that this Contract has been duly
authorized and executed and constitutes the legally binding obligation of their respective
organization or entity, enforceable in accordance with its terms.
76. Employee Eligibility Verification: The Contractor warrants that it fully complies with all
Federal and State statutes and regulations regarding the employment of aliens and others and that
all its employees performing Work under this Contract meet the citizenship or alien status
requirement set forth in Federal statues and regulations. The Contractor shall obtain, from all
employees performing Work hereunder, all verification and other documentation of employment
eligibility status required by Federal or State statutes and regulations including, but not limited
to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently
exist and as they may be hereafter amended. The Contractor shall retain all such documentation
for all covered employees for the period prescribed by the law. The Contractor shall indemnify,
defend with counsel approved in writing by County, and hold harmless, the County, its agents,
officers, and employees from employer sanctions and any other liability which may be assessed
against the Contractor or the County or both in connection with any alleged violation of any
Federal or State statutes or regulations pertaining to the eligibility for employment of any
persons performing Work under this Contract.
77. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold 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 (“County Indemnitees”) harmless from any claims, demands or liability of any kind or
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nature, including but not limited to personal injury or property damage, arising from or related to
the services, products or other performance provided by Contractor pursuant to this Contract. If
judgment is entered against Contractor and County by a court of competent jurisdiction because
of the concurrent active negligence of County or County Indemnitees, Contractor and County
agree that liability will be apportioned as determined by the court. Neither Party shall request a
jury apportionment. Notwithstanding anything stated above, nothing contained herein shall
relieve Contractor of any insurance requirements of obligations created elsewhere in this
Contract.
78. Waiver of Claims: Unless a shorter time is specified elsewhere in this Contract, on or before
making his final request for payment, Contractor shall submit to County, in writing, all claims
for compensation under or arising out of this Contract; the acceptance by Contractor of the final
payment shall constitute a waiver of all claims against County under or arising out of this
Contract except those previously made in writing and identified by Contractor as unsettled at the
time of his final request for payment.
79. Cultural/Scientific Resource Finds: If the Contractor's operations uncover or Contractor’s
employees find any burial grounds or remains, ceremonial objects, petroglyphs, and
archaeological or paleontological or other artifacts of like nature within the construction area,
Contractor shall immediately notify the County of Contractor’s findings and shall modify
construction operations so as not to disturb the findings pending receipt of notification as to
determination of the final disposition of such finding from the County. Should the findings, or
notification as to disposition of findings, require additional work, a Job Order will be issued at
the County’s discretion.
Any findings of a cultural/scientific resource nature shall remain the property of the County and
not become the property of the person or persons making the discovery.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this CONTRACT on the
dates opposite their respective signatures:
HARRY H. JOH CONSTRUCTION, INC. ,
a California Corporation
Date: ___________ By___________________________________
Signature
___________________________________
Print Name & Title
(If a corporation, the document must be signed by two corporate officers. The 1 st must be either
Chairman of the Board, President or any Vice President.)
Date: ___________ By____________________________________
Signature
____________________________________
Print Name & Title
(If a corporation, the 2nd signature must be either the Secretary, an Assistant Secretary, the
Chief Financial Officer, or any Assistant Treasurer.)
COUNTY OF ORANGE,
a political subdivision of the State of California
Print
Name________________________________
Title ________________________________
APPROVED AS TO FORM
Office of the County Counsel
Orange County, California
By:________________________
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ATTACHMENT A
SCOPE OF WORK
I. SCOPE OF WORK: Contractor shall provide all labor, materials, tools, equipment, utilities, vehicles,
and transportation services required to provide Plumbing Services under this Contract. Services may
be provided, but may not be limited to, any facility or property which is owned, operated, or
maintained by the County. Plumbing Services shall be provided in accordance with the following,
which are incorporated herein by this reference.
A. Construction Task Catalog® & Technical Specifications Titled: Job Order Contracting; Dated
May 2017 (to be distributed at Pre-Bid Meeting).
B. All other requirements identified specifically in A Job Order Detailed Scope of Work, which
include but not limited to drawings, additional specifications, as-built records, sketches, written
scope narratives, standard specification from other local, state and federal agencies.
C. California Building Code and other codes, ordinances, rules, regulations, orders and legal
requirements of Agency Having Jurisdiction which bear on the performance of the work.
D. Secured Facilities: The Contractor may be required to have their employees, subcontractors
and/or suppliers submit applications and complete security clearances prior to commencing any
work in a secured County facility. Contractor employees, subcontractors and/or suppliers will be
required to submit to fingerprinting and personal background checks as part of the security
clearance process.
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and participate in a joint scope meeting, which will include discussion and establishment of the
following:
Detailed Scope of Work
Definition and refinement of requirements
Existing site conditions
Methods and alternatives for accomplishing Work
Requirements for plans, sketches, shop drawing(s), submittals, etc.
Tentative duration Work schedule
Preliminary quantity assumptions/estimates
Staging areas and site access
Special conditions regarding unique facility operations
Safety requirements
Hazardous Materials or site conditions
Other project requirements
As part of the required Joint Scope Meeting, the Contractor and the County will agree on a
sequence of Work; means of access to the premises and building; space for storage of materials
and equipment; Work and materials and use of approaches; use of corridors, stairways, elevators,
and means of communications and the location of partitions, eating spaces, and restrooms for the
Contractor, for individual Job Orders. The Contractor agrees to be responsible for taking these
factors into account when developing its Quotation.
The Detailed Scope of Work will be completed by the Contractor and submitted to the County
for approval, prior to issuance of a Request for Quote. This Detailed Scope of Work must be
submitted within forty-eight (48) hours or a mutually agreed upon time of the joint scope
meeting. If consultant services are required to clarify project requirements, they will be
completed and submitted with the Scope of Work for County approval before a Request for
Quote will be issued.
Unless waived in writing, the Contractor agrees to provide all documentation required to fully
establish the Scope of Work including, but not limited to, shop drawings, sketches and/or
specifications that comply with the Contract specifications and relate to the proposed project.
This documentation will be provided for the purpose of defining scope, obtaining permits, and
assisting the County in determining the best possible solution for repair and refurbishment
issues. If the County requests a change in the proposed Scope of Work, the Contractor agrees to
submit a revised Scope of Work reflecting all requested changes within forty-eight (48) hours.
C. Quote Development
The Contractor Quote agrees to be comprised of the following elements:
1. Detailed Cost Quote
a. Pre-Priced Work requirements: Pre-Priced Work requirements will identify the type
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and number of Work tasks required from the CTC. The price per unit set forth in the
CTC shall serve as the base price for the purpose of the operation of this article. The
Contractor’s Quote shall include support documentation to indicate that adequate
engineering and planning for the requirement has been done, and that the Work tasks
proposed are reasonable for the Scope of Work. Documentation to be submitted
with the Quote shall include, but not be limited to, shop drawings, calculations,
Catalog® cuts, and specifications.
b. The total extended price for Pre-Priced Work requirements will be determined by
multiplying the price per unit by the quantity required. The price offered in the
Quote will be determined by multiplying the total extended price by the appropriate
Adjustment Factor.
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If the Non Pre-Priced Task is to be subcontracted, the Contractor must submit three
(3) independent quotes for the Work.
D= Lowest of three (3) Subcontractor quotes.
4. Submittals
All documents, shop drawings, and “As-Built” drawings shall be prepared such that the
drawings meet all the requirements of Local, State, and Federal regulations, codes and
directives. The Contractor agrees to also provide as necessary, the forms, studies, and
other documentation required by applicable codes and agencies.
The Contractor agrees to ensure that all engineering solutions conform strictly to the
guides and criteria outlined in Contract specifications. In case of uncertainty of detail or
procedure, the Contractor agrees to request additional instruction from the County. The
Contractor is responsible for producing complete, competent, properly coordinated, and
thoroughly checked documents.
At the Contractor’s expense, as part of their Adjustment Factors, the documentation noted
above, shall be prepared and reviewed as necessary to ensure its compliance with all
applicable laws and regulations.
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schedule indicates phasing of Work activities as required. The schedule provides the
Contractor’s initial plan for the Work based on its understanding of the Detailed Scope of
Work, with the critical path highlighted.
a. Schedule Approval; all project schedules will be subject to the County’s review and
approval. The use of any particular scheduling system shall be subject to the
approval of the County.
b. Schedule Updates; the Contractor agrees to maintain the Work duration schedule
updates on an ongoing basis and, when the County requests it, include the updates in
its payment request. The Contractor may be required to submit a narrative report
with each monthly update which shall include a description of current and
anticipated problem areas, delaying factors and their impact, and an explanation of
corrective action taken or proposed. Failure to do so may be considered a material
breach of the Contract. Any additional or unanticipated costs or expense required to
maintain the schedules shall be solely the Contractor’s obligation and Contractor
agrees not to charge the County.
c. Adjustment of the Work duration schedule; the Contractor agrees that whenever it
becomes apparent to the County, from the current monthly status review meeting or
the schedule, that phasing or Job Order milestone dates will not be met, it will take
some or all of the following actions at no additional cost to the County.
1. Increase construction manpower in such quantities and crafts as will eliminate
the backlog of Work.
2. Increase the number of working hours per shift, shifts per working day.
3. Reschedule the Work under the Job Order in conformance with all other
requirements. The Contractor agrees to be liable for any additional cost
incurred by the County for the adjustment of project schedules.
4. Prior to proceeding with any of the above actions, the Contractor agrees to
notify and obtain approval from the County’s Project Manager for the
proposed schedule changes. If such actions are approved, the Contractor
agrees to incorporate the revisions into the schedule.
6. Subcontractor’s List
The Quote represents the Contractor’s offer to do Work, and as such, in accordance with
Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of California,
the Contractor agrees to list, on the Subcontractor listing report, the name, business
location and the California Contractor License number of each Subcontractor that will
perform Work, labor or render service on the Work in excess of one-half of one percent
(1/2%) of the total Quote amount. Contractors and Subcontractor which have been
debarred from public works projects by the Labor Commissioner may not perform Work
under this Contract. The Contractor agrees to list project percentage of proposed
Subcontractor and percentage of the project to be self-performed.
Contractor agrees to advise the County of any Subcontractor substitution(s) prior to
commencement of subcontract Work and to only substitute Subcontractor as authorized
under Public Contract Code sections 4100 et seq. Contractor may be subject to penalties
in accordance to the above referenced sections for illegal Subcontractor substitution.
7. Electronic Quote
The Contractor agrees to transmit an electronic copy of the Quote, using the County
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meetings within twenty-four (24) hours of being notified by the County (via fax, e-mail,
telephone, etc). After review of the Quote, the Contractor agrees to remove all
inapplicable line items and adjust quantities as directed by the County.
3. Quote Modification
The Contractor will be granted only one opportunity to add new, valid line items that may
have been omitted from its first Quote by submitting a second, revised Quote. The
Contractor agrees to submit the revised Quote within forty-eight (48) hours of the initial
Quote review meeting, unless otherwise specified in writing. Upon review of the revised
Quote, the Contractor agrees to remove all line items or adjust quantities deemed
inappropriate by the County, and re-submit its Quote within twenty-four (24) hours. No
new line items may be added to the revised Quote, nor may quantities be increased, nor
modifiers added unless specifically agreed to in writing by the County’s subsequent Quote
review.
4. Enforcement of Time Requirements
The Quote time requirements contained herein will be strictly enforced. Failure to comply
may result in the Contractor being deemed non-responsive to the Request for Quote. The
County may cancel the Request for Quote from the Contractor and solicit another
Contractor. The County may also deem the Contractor ineligible for any future JOC
contracts.
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Completion date. The Contractor agrees to begin and complete construction within the dates
specified on the NTP. The County must approve all extensions of time in writing.
The County may also issue an Emergency Notice to Proceed (NTP). In the event the County
requires the Contractor to respond to an immediate request for work, a Job Order will be created
and an Emergency NTP will be issued. The Contractor will be required to perform the Scope of
Work included with the Emergency NTP as directed by the County’s Project Manager or
designee. The Detailed Scope of Work, Quotation, Subcontractor Listing, Shop Drawings and
required Non Pre-priced backup documentation will be submitted upon completion of the
emergency work in accordance with the Ordering Procedures detailed in Section III above.
C. Pre-Construction Meeting
No more than seven (7) days from the issuance of the NTP, unless the County grants additional
time, the County will conduct a pre-construction meeting with the Contractor’s project manager,
Subcontractors, and the end-user to determine the actual project schedule, project access
requirements and to address and resolve any customer concerns.
D. Project Construction
The Contractor agrees to provide continuous on-site supervision on each Job Order, while
progress on the project is being accomplished. The Contractor’s Project Manager will ensure:
1. Coordination and providing supervision to all Subcontractor and workers;
2. Posting of the prevailing wage scale;
3. Maintaining a copy of the Contractors safety program manual made available to all
construction personnel;
4. Conducting weekly on-site safety meetings;
5. Completing the daily labor and construction progress log on a daily basis and submit
copies to the County on a daily basis. Copies of the previous day’s reports must be
submitted by 9:00AM of the following day.
a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by
trade providing services for the day.
b. Construction progress log is to include a narrative of the Work provided by trade(s).
Narrative agrees to include the various areas of the jobsite where Work was
performed and any problems or conditions that were encountered.
c. In the event the Contractor fails to provide a daily log and/or construction progress
log, the County may impose damages against the Contractor in the amount of fifty
dollars ($50.00) for each log and deduct from the Contractor’s payment request, for
each day the Contractor does not provide the documentation.
6. County may suspend Contractor operations if no Contractor Superintendent is observed.
All delays caused by the suspension will be the responsibility of the Contractor. No time
extension or claims for cost(s) associated with the suspension will be granted by the
County.
E. Changed Work
Changed Work (all added or deleted Work), as it pertains to the approved Detailed Scope of
Work included in a specific Job Order, shall be either changes directed by the County or
unforeseen site conditions, which were not evident during the Initial Joint Scope Meeting. This
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additional Work will be considered a subsequent Job Order, for that specific project, and will be
ordered, approved and executed as per the procedures set forth in this Contract.
A credit for Tasks that have been deleted from the Detailed Scope of Work will be given at
100% of the value at which they were included in the original Quote. Credits for Pre-Priced and
Non Pre-Priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the
appropriate Adjustment Factors. A Supplemental Job Order will be issued detailing the credit(s)
due the County.
F. Project Completion
The Contractor agrees to schedule a final job walk with the County. If required, the County will
prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the
“Punch List” corrections and schedule a final project completion job walk. The County will sign
the “Punch List” as completed when determined, the project is finished. The Contractor agrees
to submit the following along with its final payment request:
1. “Punch List” signed by the County;
2. Completed building inspection card;
3. All required warranties and maintenance requirements;
4. All record drawings or as-built drawings,
5. All required operation and maintenance manuals;
6. All keys and security entry cards;
7. Any other closeout items.
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B. The Contractor will be required to obtain a city business license to perform the Work in the
appropriate city, as specific in the Job Order.
C. To comply with Section 3800 of the Labor Code of the State of California, the Contractor and all
Subcontractors requiring a permit (building, plumbing, grading, and electrical, etc.) agree to file
a workers' compensation certificate with the County.
D. Exclusive of off-site inspection specified to be the County's responsibility, the Contractor agrees
to arrange and pay for all off-site inspection of the Work including certification thereof required
by the specifications, drawings, or by governing authorities.
E. The County will provide on-site inspection of the Work and will arrange for off-site inspection
when specified in the Detailed Scope of Work. All other required inspections will be the
responsibility of the Contractor.
F. The County will inspect the Work for code compliance as part of permits pulled. The County
will provide this inspection at no additional cost for the first inspection and for re-inspection. If
the Contractor is unable to correct defective Work after one re-inspection, the County may
charge the Contractor for additional re-inspection.
G. In addition to any other warranties in this Contract, or those provided by manufactures the
Contractor warrants that Work performed under this Contract conforms to the Contract
requirements and is free of any defect in equipment, material, or workmanship performed by the
Contractor or any Subcontractor or supplier at any tier.
H. Corrections to Work may be required during the Work or the warranty period. The County is
expressly authorized at County's option to apply any sums withheld from progress payments
toward the cost of such corrections.
I. This warranty shall continue for a period of one year from the date listed on the Notice of
Completion for the specific Job Order. If the County takes occupancy of any part of the Work
before Final Acceptance, a warranty covering that specific portion of the Work shall begin for a
period of one year from the date the County takes occupancy. The County will notify the
Contractor in writing of the scope of any partial occupancy and the specific items under
warranty.
J. The County will not pay any costs for licenses required in the performance of the Work. The
Contractor agrees to assume this responsibility in total.
K. As required by the Detailed Scope of Work for a specific Job Order, the County may be required
to enter into Contracts with other Local, State and Federal Agencies to accomplish the subject
Scope of Work. Agencies may include but are not limited California Department of Fish and
Game, US. Army Corps of Engineers, California Regional Water Quality Control Board. The
Contractor will be required to comply with the requirements set forth within the permit.
L. Best Management Practices (BMPs) may be required for specific Job Orders, which will be
indentified in the Detailed Scope of Work. All California Storm Water Quality Association
(CASQA) Construction BMPs may be viewed at www.cabmphandbooks.com. It is the
Contractors responsibility to pay for all costs incurred by the specific BMPs. The County will
not reimburse these costs.
M. As required by the Detailed Scope of Work, per a specific Job Order the following permits may
apply and will be provided by the County:
1. NPDES Dewatering Permit
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Registration Documents) to the County Project Manager. If any of the required items are
missing, the PRD submittal is considered incomplete and will be rejected. Upon receipt
and acceptance of a complete PRD submittal, the County Project Manager will
electronically submit these documents to State Water Board through the California
Integrated Water Quality System (CIWQS) Project’s Storm water Multi-Application
Reporting and Tracking (SMART) system to obtain coverage under the General Permit.
3. Standard PRD Requirements
1. Notice of Intent
2. Risk Assessment (Standard or Site-Specific)
3. Site Map
4. SWPPP
5. Annual Fee
6. Signed Certification Statement
4. Additional Permit Registration Document (PRD) Requirements Related To Construction
Type
1. If Contractor proposes to implement an Active Treatment System (ATS) on a
Specific Job Order, Contractor shall submit:
i. Complete ATS Plan in accordance with Attachment F of the CGP at least 14
days prior to the planned operation of the ATS and a paper copy shall be
available onsite during ATS operation.
ii. Certification proof that the preparation and design was accomplished by a
qualified professional in accordance with Attachment F of the CGP.
2. Dischargers who are proposing an alternate Risk Justification shall submit:
i. Particle Size Analysis.
5. Exception to Standard PRD Requirements
1. Construction sites with less than one (1) acre of disturbance or an R value less than
five (5) as determined in the CGP Risk Assessment from the Revised Universal Soil
Loss Equation (RUSLE) are not required to submit a SWPPP.
6. Description of PRDs
1. Notice of Intent (NOI) or Notice of Construction Activity (NOCA)
The Notice of Intent or Notice of Construction Activity must be filled out
electronically on-line through the State’s SMART System. Contractor shall
coordinate with the County Project Manager to provide the required information to
fill out the NOI on-line form. Upon receipt of all required information (including all
items required below), County staff will electronically submit the Project
information through the SMART system.
2. Site Map(s) Includes
i. The project’s surrounding area (vicinity)
ii. Site layout
iii. Construction site boundaries
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DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
C011987 Page 43 of 52
DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
construction operations and total disturbed areas. Contractor shall submit permit
fees to the County Project Manager for verification, and County will submit the fee
to the Regional Board.
5. A Signed Certification Statement must be submitted by the Legally Responsible
Party (LRP). The County Project Manager will coordinate with the Contractor to
acquire relevant information for the certification. The County will submit the
certification statement.
6. Risk Assessment
The Contractor shall use the Risk Assessment procedure as describe in the CGP
Appendix 1.
i. The Standard Risk Assessment includes utilization of the following:
1) Receiving water Assessment Interactive map
2) EPA Rainfall Erosivity Factor Calculator Website
3) Sediment Risk interactive map
4) Sediment sensitive water bodies list
ii. The site-specific Risk Assessment includes the completion of the hand
calculated R value Risk Calculator in the Revised Universal Soil Loss
Equation (RUSLE).
7. Post Construction Water Balanced Calculator (if applicable)
The Contractor shall complete the Water Balance Calculator (in Appendix 2 of the
General Permit) in accordance with the instructions when subject to this
requirement. (Note to Engineer: This paragraph will only apply when DISTRICT
or the County does not have a current MS4 (Municipal) permit in place.)
8. ATS Design Document and Certification
The Contractor using ATS must submit electronically their system design (as well as
any supporting documentation) and proof that the system was designed by a
qualified ATS design professional (See Attachment F of the General Permit).
P. Best Management Practices (PMF9.2S)
Contractor and all of Contractor’s, subcontractors, agents, employees and contractors shall
conduct operations under this Contract so as to assure that pollutants do not enter municipal
storm drain systems which systems are comprised of, but are not limited to curbs and gutters that
are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do
not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not
limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).
Contractor shall comply with all water quality ordinances, permits and regulations. If Work
identified under a Specific Job Order does not fall within statewide Painting Permit, Contactor
shall implement appropriate BMPs consistent with County’s DAMP/LIP.
Contractor may propose alternative BMPs that meet or exceed the pollution prevention
performance of the BMP specified in DAMP/LIP. Any such alternative BMPs shall be
submitted to the County Project Manager for review and approval prior to implementation.
C011987 Page 44 of 52
DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
C011987 Page 45 of 52
DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
engine shall be operated on the project without said muffler. The noise level from the
Contractor's operations between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday,
or at any time on Sunday or a Federal holiday, shall be in accordance with the County ordinance
covering "Noise Control." This requirement in no way relieves the Contractor of responsibility
for complying with local ordinances regulating noise level. Said noise level requirement shall
apply to all equipment on the job or related to the job, including but not limited to trucks, transit
mixers or transient equipment that may or may not be owned by the Contractor. The use of loud
sound signals shall be avoided in favor of light warnings, except those required by safety laws
for the protection of personnel.
O. Construction Area: Contractor shall protect property and facilities adjacent to the construction
area and all property and facilities within the construction area which are shown on the plans are
to be protected. After project completion, the construction area shall be in a clean and
presentable condition. All public or privately owned improvements and facilities shall be
restored to their original condition and location. If improvements or facilities are damaged, they
shall be replaced with new materials which are at least equal to the original materials. Nothing
herein shall be construed to entitle the Contractor to the exclusive use of any public street, way,
or parking area during performance of the Work. Contractor shall conduct its operations so as
not to interfere with the authorized Work of utility companies or other agencies in such streets,
ways or parking areas. The Contractor shall be responsible for investigating conditions of
available public and private roads and of clearances, restrictions and other limitations affecting
transportation and ingress and egress to the site of the Work. Use of equipment will be
minimized during any Stage II or Stage III smog alerts. All equipment will meet emissions
standards. Dust Control is required at all times. All proper public safety measures are to be used
during construction, including barriers, flagmen and signing. Equipment must conform to all
applicable noise regulations.
P. Contractor shall, whenever possible, minimize the use of water during project construction.
Watering equipment shall be kept in good working order. Water leaks shall be repaired
promptly. Washing of equipment, except when necessary for the safety or for the protection of
equipment, shall be discouraged. Water curing of concrete improvements as specified in Section
303-1.10, "Curing" of the Standard Specifications for Public Works Construction, shall not be
allowed unless specifically permitted by these Special Provisions or directed by the Project
Manager. Nothing in this section, "Water Conservation," shall be construed as relieving the
Contractor of furnishing sufficient water as required for the proper construction of this project in
accordance with the Standard Specifications for Public Works Construction and these Special
Provisions.
Q. Contractor shall anticipate that storm, surface and possible ground or other waters will be
encountered at various times and locations during the Work. Such waters may interfere with
Contractor's operations and may cause damage to adjacent or down-stream private and/or public
property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the
Contractor. The Contractor, by submitting a bid, assumes all of said risk and the Contractor
acknowledges that its bid was prepared accordingly.
The Contractor shall conduct its operations in such a manner that storm or other waters may
proceed without diversion or obstruction along existing street and drainage courses. Drainage of
water from existing or proposed catch basins shall be maintained at all times. Diversion of water
for short reaches in order to protect construction in progress will be permitted if public or private
properties are not damaged or, in the opinion of the Project Manager, are not subject to the
probability of damage. Contractor shall at no cost to County obtain written permission from the
appropriate public agency or property owner before any diversion of water will be permitted by
the Project Manager.
C011987 Page 46 of 52
DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
During the course of water control the Contractor shall conduct construction operations to
protect waters from being polluted with fuels, oils, bitumens or other harmful materials, and
shall be responsible for removing said materials in the event protective measures are not
effective.
Construction site shall be maintained in such a condition that an anticipated storm does not carry
wastes or pollutants off site.
Discharges of material other than stormwater are allowed only when necessary for performance
and completion of construction practices and where they do not: cause or contribute to a
violation of any water quality standard; cause or threaten to cause pollution, contamination, or
nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40
CFR Parts 117 and 302, or any other law or applicable regulation.
Potential pollutants include but are not limited to: vehicle/equipment fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; vehicle/equipment wash water and concrete mix wash water;
concrete, detergent or floatable wastes; wastes from any engine/equipment steam cleaning or
chemical degreasing; solid or liquid chemical spills; wastes from sealants, limes, and solvents;
and superchlorinated potable water line flushings.
During construction, disposal of such materials should occur in a specified and controlled
temporary area on-site, physically separated from potential storm water run-off, with ultimate
disposal in accordance with local, state, and federal requirements.
Notwithstanding the above, management of stormwater shall be done with all applicable statutes,
ordinances, permits, regulations and provisions of this Contract governing stormwater.
The County may, at any time, by written stop Work order to the Contractor, require the Contractor to
stop all or any part of the Work, as per a specific Job Order, for a period of 90 days after the stop Work
order is delivered to the Contractor and for any further period to which the Parties may agree. The stop
Work order shall be specifically identified as such and shall indicate it is issued under this clause.
Upon receipt of the stop Work order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the Work covered by the stop
Work order during the period of Work stoppage. Within a period of 90 days after a stop Work order is
delivered to the Contractor or within any extension of that period to which the Parties shall have
agreed, the County shall either:
A. Cancel the stop Work order; or
B. Cancel the Job Order immediately in whole or in part in writing as soon as feasible.
The COUNTY selected The Gordian Group’s (Consultant) Job Order Contracting
C011987 Page 47 of 52
DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
(“JOC”) Solution (Gordian JOC Solution) for their JOC program. The Gordian JOC
Solution includes Consultant’s proprietary eGordian® JOC application (JOC
Applications) and construction cost data (Construction Task Catalog®), which shall
be used by the CONTRACTOR to prepare and submit Price Proposals,
subcontractor lists, and other requirements specified by the COUNTY.
A copy of Consultant’s most recent JOC System License is attached hereto as Exhibit “A” for
CONTRACTOR’s reference.
C011987 Page 48 of 52
DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
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823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
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DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
ATTACHMENT B
CONTRACTOR’S PRICING
I. COMPENSATION: This is an all-inclusive, usage Contract between the County and Contractor for
Plumbing Services, as set forth in Attachment “A” Scope of Work.
The Contractor agrees to accept the specified compensation as set forth in this Contract as full
remuneration for performing all services and furnishing all staffing, labor, insurance, bonds. prevailing
wage, vehicles, equipment, tools, materials, overhead, travel, etc. required, for any reasonably
unforeseen difficulties which may arise or be encountered in the execution of the services until
acceptance, for risks connected with the services, and for performance by the Contractor of all its
duties and obligations hereunder. The Contractor shall only be compensated as set forth herein below
for work performed in accordance with the Scope of Work. The County shall have no obligation to pay
any sum in excess of the Total Contract Amount specified herein below unless authorized by
amendment.
II. FEES AND CHARGES: County will pay the following in accordance with the provisions of this
Contract.
A. Adjustment Factors: The Contractor’s two Adjustment Factors that will be applied against the
prices set forth in the Contract Task Catalog®. These Adjustment Factors will be used to price
out fixed price Job Orders by multiplying the appropriate Adjustment Factor by the Unit Prices
and appropriate quantities.
i. FACTOR 1 - Unit Work requirements to be performed during Normal Working Hours
(7:00AM to 5:00PM) as ordered by the County in individual Job Orders against this
Contract.
1.0900
Normal Working Hours
ii. FACTOR 2 - Unit Work requirements to be performed during Other Than Normal
Working Hours (5:01PM to 6:59AM) as ordered by the County in individual Job Orders
against this Contract.
1.1300
Other Than Normal Working Hours
C011987 Page 49 of 52
DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
II. PRICE INCREASES/DECREASES: No increases to the Adjustment Factors or to any line items
in the Construction Task Catalog® will be permitted during the term of this Contract.
III. CONTRACTOR’S EXPENSE: The Contractor will be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance of
Work and services under this Contract.
A. The County shall make payments upon the agreed upon price for a specific Job Order as listed in
the Notice to Proceed. The County will make progress payments monthly as the Work proceeds
on estimates approved by County Project Manager. The Contractor shall furnish a breakdown of
the total Contract price showing the amount included therein for each principal category of the
Work, to provide a basis for determining progress payments. The County will only pay for
actual Work in place.
B. Lump sum payment - if an individual Job Order is scheduled for Completion within 45 days or
less, the County will make one payment after 30 days of Work to the Contractor, exclusive of
retention. Contractor may request for one payment (including retention payment); however,
payment will be made after Final Acceptance of the Job Order.
C. Partial payment – the County will consider a request for partial payments for Job Orders
scheduled for a performance period of greater than 45 days.
D. Retention - When payments are made under this Contract, five percent (5%) of each requested
and approved payment will be retained. The retention will be released upon Final Acceptance of
the Work, and the County’s approval on the final payment request. A Notice of Completion for
each individual Job Order must be filed. Final payment is to be made 35 days subsequent to the
filing of the Notice of Completion.
E. Retention Release - The County’s release of the retention does not relieve the Contractor of its
responsibility to comply with both the proposed Scope of Work and the terms and conditions of
the Job Order and Contract for completed and warranty Work. The Contractor agrees that a
condition precedent to the County’s release of the five percent (5%) retention amount is in full
compliance with this provision herein. The Contractor must submit a completed invoice to the
County for approval. The Contractor agrees that the signature on the invoice certifies that it has
completed or submitted the following:
1. All warranties and maintenance requirements; and
V. INVOICING INSTRUCTIONS:
C011987 Page 50 of 52
DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
A. Invoices are to be submitted in arrears, after services have been provided, to the address specified
below. Payment will be net 30 days after receipt of an invoice in a format acceptable to the
County of Orange and verified and approved by the agency/department and subject to routine
processing requirements. The County’s Project Manager, or designee, is responsible for approval
of invoices and subsequent submittal of invoices to the Auditor-Controller for processing of
payment. The responsibility for providing an acceptable invoice to the County for payment rests
with the Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to the
Contractor for correction.
B. The Contractor agrees that its signature on the invoice, as herein prescribed, constitutes a sworn
Statement. The Contractor agrees that its signature on the invoice requesting either partial or final
payment certifies that:
1. The specified percentage of Work has been completed and material supplied, and is
directly proportional to the amount of the payment currently requested.
2. The amount requested is only for performance in accordance with the specifications, terms
and conditions of the subject Contract.
3. Timely payments will be made to Subcontractor and suppliers from the proceeds of the
payment covered by this certification, in accordance with this Contract and their
subcontract agreements.
4. This request for payment does not include any amounts which the prime Contractor
intends to withhold or retain from a Subcontractor or supplier, except those amounts
withheld or retained in accordance with the terms and conditions of the subcontract.
5. Not less than the prevailing rates of wages as ascertained by the County have been paid to
laborers, workers and mechanics employed on the subject Work.
6. There has been no unauthorized substitution of Subcontractor, nor have any unauthorized
subcontracts been entered into.
7. No subcontract was assigned or transferred or performed by anyone other than the original
Subcontractor, except as provided in Sections 4100-4113, inclusive, of the Public Contract
Code.
8. Where applicable, payments to Subcontractor and suppliers have been made from previous
payments received under the Contract.
9. Request for final payment, the Contractor agrees that its signature on the invoice form
certifies that all Punch List items have been signed off as completed by the County, and
that all building inspection cards have been completed
C. The Contractor agrees that it is submitting a request for payment within one year of the
Completion of the project for which it is billing. If the Contractor does not submit a request for
payment within one year of the Completion of the project for which it is billing, it herein agrees to
forfeit that payment.
D. If the Contractor’s invoice is not approved, the County will issue a “Return of Invoice for
Correction” letter advising the Contractor of missing deliverables and/or information requiring
correction. After making the appropriate corrections, the Contractor agrees to submit a second, or
corrected, invoice.
C011987 Page 51 of 52
DocuSign Envelope ID: B098704B-6D2D-4B77-8D90-F00EF9465378
823B43F2-FC3C-4314-B965-73633FD9026E
Attachment J
County of Orange, OC Public Works MA-080-18010870
Harry H. Joh Construction, Inc.
E. The Contractor agrees that even though the County has approved payment, the County retains the
right to further inspect the Work and issue correction notices.
F. After the first payment and before making any other payment to the Contractor, the County will
require that the Contractor produce and deliver to the County satisfactory proof or evidence that all
labor performed and materials furnished up to the date of the preceding payment request have been
fully paid for, and that as of the said date, no claims exist if that is the case. This partial release of
claim must be executed with the same formality as this Contract.
G. Upon receipt of a stop notice, the County will withhold from the Contractor an amount of money
sufficient to cover the potential cost of the stop notice and the reasonable cost of any associated
litigation. In order to satisfy the requirements of a stop notice, the County will refuse to release
funds held in retention.
H. The Contractor will provide an invoice on Contractor’s letterhead for services rendered. Each
invoice will have a number and will include the following information:
1. Contractor’s name and address
2. Contractor’s remittance address (if different from 1 above)
3. Name of County department
4. County Contract number
5. Service date(s)
6. Service description
7. Contractor’s Federal I. D. number
8. Updated duration schedule
9. An updated schedule of values
10. Releases
11. Total
I. Contractor has the option of receiving payment directly to their bank account via an Electronic
Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive
Electronic Remittance Advice with the payment details via email. An email address will need to be
provided to the County via an EFT Authorization Form. To request a form, please contact the DPA
C011987 Page 52 of 52
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MICHELLE STEEL
CHAIRWOMAN
Second District
PLEDGE OF ALLEGIANCE: Supervisor Nelson, Fourth District, led the assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS (None)
Brigitte - Oral Re: County run tax fraud, 11/8/17 changes to public comment, Ilya & Robert Tseglin, 100 acre
parcel, quitclaim deed to Irvine City Council, Public Guardian lies to the public, Morro Bay property
Norris Nguyen - Oral Re: District 2, on way to check in with probation officer, Catholic confession and heard
Jesus's voice giving him instructions on what to do
David Duran - Oral Re: Board is complicit in homeless deaths in OC, increase spending on homeless, coercion,
discrimination and criminalization of homeless, resignation of board members, release of discretionary funds
Lou Noble - Oral Re: Homeless falsely arrested, extortion and robbery on homeless, kidnap of children by law
enforcement and separating families, the Tseglin's, drainage at water dispenser
Jeanine Robbins - Oral Re: Extension of City Net contract for riverbed encampment, homeless living on riverbed
without showers or restrooms, outreach by Sheriff Deputies
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Cameraman - Oral Re: Filmed at Sheriff's department, Sergeant Simpson, refusing to ID yourself to law
enforcement
Ilya Tseglin - Oral Re: Nate Tseglin, OC Regional Center, profiteering at expense of innocent human lives, judges,
Adult Protective Services and law enforcement lying under oath, cover up, Supervisors Do and Spitzer's efforts to
clean up corruption
Robert Tseglin - Oral Re: Nate Tseglin, kidnapped by police three times and released on writs of habeas corpus, OC
Regional Center, conservatorship, placement in group home confinement, placed on drugs and psychotropic abuse,
cover up and Public Defender and judges concealing medical records
Bryan Kaye - Oral Re: Worked for Gary Meyton, Anaheim police department, photo of his mother at library,
labeling people as mentally ill, judges forged plea agreements
1. Auditor-Controller - Approve Internal Audit Quarterly Activity Status Report for July - September 2017
- All Districts (Continued from 11/14/17, Item 4)
OC COMMUNITY RESOURCES
3. Approve amendment 1 to sponsor agreement OCP 14-003 with Orange County Conservation Corps for
maintenance of OC Parks, 2/1/18 - 1/31/19 - All Districts
4. Receive and file FY 2016-17 Housing Successor Agency Annual Report; and authorize Director or
designee to make any necessary adjustments, based on final Comprehensive Annual Financial Report -
All Districts
5. Approve amendment 2 to contract 16-23-0034 PFI with the City of Stanton for Public Facilities and
Improvement Community Development Block Grant, extending to 6/30/18; and authorize Director or
designee to execute amendment - District 2
6. Accept donation of $17,255 from Friends of the Aliso Viejo Library to offset cost of design and remodel
former cafe space into a Maker Space, Aliso Viejo Branch Library - District 5
OC PUBLIC WORKS
7. Receive bids and award contract MA-012-18010755 to PVL Signs & Graphics Inc. for
fabricate/installation of signage for OC Parks Sign Program ($350,000); and authorize Director or
designee to execute contract - All Districts
8. Receive and file FY 2016-17 Development Fee Deposit Balance Reports; and make related findings - All
Districts
9. Approve cooperative agreement C-7-1827 with Orange County Transportation Authority, City of Lake
Forest and City of Mission Viejo for El Toro Regional Traffic Signal Synchronization Project, ($11,968);
and make California Environmental Quality Act and other findings - Districts 3 and 5
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10. Acting as the Orange County Flood Control District - Approve offer and agreement to purchase real
property and quitclaim deed with Jack Daryl Smith and Gloria Kay Smith for sale of 918 square-foot
Orange County Flood Control District owned parcel ($16,065); and make California Environmental
Quality Act and other findings - District 3
11. Approve non-financial Memorandum of Understanding with California Department of Child Support
Services for access to Child Support Enforcement System, 1/1/18 - 12/31/20 - All Districts
GENERAL ADMINISTRATION
12. Clerk of the Board - Adopt resolution approving list of recurring Board resolutions for 2018 and
authorizing the Chair or other Supervisor to draft and execute said resolutions - All Districts
35241 APPROVED AS AMENDED TO ADD DENIM DAY ON APRIL 25 AND APRIL AS SEXUAL
X ASSAULT AWARENESS MONTH
RESO: 17-148
13. County Executive Office - Acting as the Legislative Body of the Community Facilities Districts -
Receive and file Community Facilities Districts 2001-1, 2002-1, 2003-1, 2004-1, 2015-1 and 2016-1
Report, pursuant to Local Agency Special Tax and Accountability Act - District 5
END OF CONSENT CALENDAR
Sheriff-Coroner:
14. Approve contract MA-060-18010753 with Hunter Consulting, Inc. dba HCI Environmental &
Engineering Service for replacement and disposal of lead contaminated and bio-hazard filters, two
year term ($1,400,000); renewable for three additional one-year terms; and authorize County
Procurement Officer or authorized Deputy to execute contract - All Districts
43251 APPROVED AS RECOMMENDED
X
15. Approve contract MA-060-18010794 with Specialized Elevator Corporation for elevator and
escalator preventive maintenance and repair services, 12/12/17 - 12/11/20 ($1,600,000);
renewable for two additional one-year terms; and authorize County Procurement Officer or
authorized Deputy to execute contract - All Districts
35241 APPROVED AS RECOMMENDED
X
16. Receive and file status report and approve continuance of local emergency related to Canyon 2
Fire; and set review to determine need for continuing local emergency for 1/9/18, 9:30 a.m. and
every 30 days thereafter - All Districts (Continued from Special Meeting 10/12/17, Item 1;
10/17/17, S38C; 11/14/17, Item 16; 12/5/17, Item 30)
B.O. DELETED
17. Receive and file status report and approve continuance of local emergency related to Theo Lacy
Facility for repair to inoperable elevator used for public, legal visits and emergency egress for
inmates; set review to determine need for continuing local emergency for 1/9/18, 9:30 a.m. and
every regularly scheduled meeting thereafter until terminated - District 3 (4/5 vote of the members
present) (Continued from 9/26/17, Item S46E; 10/17/17, Item 22; 10/31/17, Item 13; 11/14/17,
Item 17; 12/5/17, Item 31)
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18. Treasurer-Tax Collector - Consider second reading and adoption of "An Ordinance of the County of
Orange, California Adding Section 1-4-57 of the Codified Ordinances of the County of Orange,
Authorizing the Treasurer-Tax Collector to Cancel Supplemental Tax Bills Where the Tax is Fifty Dollars
or Less" - All Districts (Continued from 12/5/17, Item 33)
B.O. DELETED
19. Ratify grant agreement 17-10336 with California Department of Public Health for Immunization Local
Assistance Grant, 7/1/17 - 6/30/22 ($688,962; cumulative total $3,444,810); and authorize Director or
designee to execute agreement and related documents - All Districts
34251 APPROVED AS RECOMMENDED
X
20. Approve grant agreement 17-10711 with California Department of Public Health for Local Oral Health
Program, 1/1/18 - 6/30/22 ($749,810; cumulative total $3,749,050); authorize Director or designee to
execute agreement and related documents; approve contract MA-042-18010820 with Center for Oral
Health for Community Oral Health Needs Assessment, 1/15/18 - 6/30/20 ($450,000); renewable for two
additional one-year terms ($100,000 per year; cumulative total $650,000); and authorize County
Procurement Officer or authorized Deputy to execute contract and exercise cost contingency increase not
to exceed 10% under certain conditions - All Districts
45231 APPROVED AS RECOMMENDED
X
21. Approve amendment 3 to contract with Orange County Health Authority dba CalOptima for coordination
and provision of Behavioral Health Care Services, 1/1/18 - 12/31/20; renewable for two additional one-
year terms; and authorize Director or designee to execute amendment - All Districts
54231 APPROVED AS RECOMMENDED
X
OC COMMUNITY RESOURCES
22. Approve amendment 1 to contract 17-23-0045-PS with Kingdom Causes, Inc. dba City Net for Santa Ana
Flood Control Channel Engagement Initiative services, 7/1/17 - 6/30/18 ($720,000, cumulative total
$1,444,000); authorize Director or designee to execute amendment, related documents and exercise cost
contingency increase not to exceed 10% under certain conditions - All Districts
45231 APPROVED AS RECOMMENDED
X
23. Acting as the Orange County Housing Authority - Adopt Orange County Housing Authority
Administrative Plan; authorize Director of Orange County Housing Authority or designee to finalize and
transmit plan to U.S. Department of Housing and Urban Development; and authorize use of Fund 15F-
8050-HV17 for housing assistance payments - All Districts
45231 APPROVED AS RECOMMENDED
X
OC PUBLIC WORKS
24. Approve amendment 1 to contract MA-080-16010981 with West Coast Air Conditioning Company, Inc.
for Central Utility Facility Infrastructure Upgrades Project ($1,980,000; revised total $61,144,835);
authorize Director or designee to execute amendment; and authorize Chief Engineer to adopt plans,
specifications and working details for remaining phases - District 1
15234 APPROVED AS RECOMMENDED
X
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25. Award Job Order Contracts to Interlog Corporation dba Interlog Construction, SJD&B, Inc., MIK
Construction, Inc., Pub Construction, Inc., and Vincor Construction, Inc. for general contracting services,
Interlog Corporation dba Interlog Construction and Harry H. Joh Construction, Inc. for painting services,
Environmental Remediation Contractors, Inc. and Miller Environmental, Inc. for asbestos removal &
decontamination services, and Harry H. Joh Construction, Inc. for plumbing services, 12/13/17 - 12/12/18
($4,640,000 each); authorize Director or designee to execute contracts; and make California
Environmental Quality Act findings - All Districts
45231 APPROVED AS RECOMMENDED
X
26. Approve Design Phase Services contract MA-080-18010525 with West Coast Air Conditioning Company,
Inc. for construction manager at-risk services for OC Data Center Cooling Plant Refresh Project
($142,380.31); and authorize Director or designee to execute contract - District 1
13245 APPROVED AS RECOMMENDED
X
27. Authorize county staff to negotiate with Southern California Edison to purchase 1,767 streetlights within
unincorporated areas - All Districts
53241 APPROVED AS RECOMMENDED
X
28. Approve contracts MA-080-18010603 with Tetra Tech, Inc., and MA-080-18010604 with Pacific
Advanced Civil Engineering, Inc., MA-080-18010605 with Stantec Consulting Services, Inc., MA-080-
18010606 with HDR Engineering, Inc., MA-080-18010607 with Michael Baker International, Inc., MA-
080-18010608 with CH2M Hill Engineers, Inc., MA-080-18010609 with Moffatt & Nichol, Inc., MA-
080-18010778 with WRC Consulting Services, Inc., and MA-080-18010779 with David Evans and
Associates, Inc. for on-call flood control engineering services, three-year term ($2,500,000 each;
aggregate total $22,500,000) with option to renew two additional years; authorize Director or designee to
execute contracts; and make California Environmental Quality Act and other findings - All Districts
45231 APPROVED AS RECOMMENDED
X
29. Approve contracts MA-080-18010600 with HDR Engineering, Inc., MA-080-18010601 with Mark
Thomas and Company, Inc., and MA-080-18010602 with GHD Inc. for on-call road/bridge and traffic
engineering services, three-year term ($1,500,000 each; aggregate total $4,500,000) with option to renew
two additional years; authorize Director or designee to execute contracts; and make California
Environmental Quality Act and other findings - All Districts
45231 APPROVED AS RECOMMENDED
X
30. Approve contracts MA-080-18010598 with Kleinfelder, Inc., and MA-080-18010599 with GMU
Geotechnical, Inc. for architect-engineer on-call construction support services - geotechnical and materials
testing, three-year term ($1,500,000 each; aggregate total $3,000,000) with option to renew two additional
years; authorize Director or designee to execute contracts; and make California Environmental Quality
Act and other findings - All Districts
45231 APPROVED AS RECOMMENDED
X
31. Approve contracts MA-080-18010561 with Tetra Tech BAS, Inc., MA-080-18010562 with Geosyntec
Consultants, Inc., MA-080-18010563 with Geologic Associates, Inc., MA-080-18010565 with Advanced
Earth Sciences, Inc., and MA-080-18010566 with SWT Engineering, Inc. for architect-engineer on-call
landfill services, three-year term ($1,500,000 each; aggregate total $7,500,000) with option to renew two
additional years; authorize Director or designee to execute contracts; and make California Environmental
Quality Act and other findings - All Districts
45231 APPROVED AS RECOMMENDED
X
32. Approve contract MA-299-18010702 with Paradigm Software, LLC for software support services,
purchase and installation of new credit card payment module, WeighPay and signature capture module,
customization services and continuation of software license of landfill fee collection system, 1/1/18 -
12/31/20 ($513,566.53); with option to renew for two additional one-year terms; and authorize County
Procurement Officer or authorized Deputy to execute contract - All Districts
53241 APPROVED AS RECOMMENDED
X
33. Approve amendment 1 to agreement FKV1315 with The Raise Foundation, Children's Bureau of Southern
California, Human Options, Inc., and Mission Hospital Regional Medical Center for services promoting
safe and stable families at Families and Communities Together South Orange County Family Resource
Center, 7/1/15 - 6/30/20 ($109,221; cumulative total $2,489,686) - District 5
54231 APPROVED AS RECOMMENDED
X
34. Approve amendment 2 to contracts MA-063-18010734 with Staff4jobs LLC dba Lyneer Staffing
Solutions ($634,268; cumulative total $4,629,240) and MA-063-18010749 with Lloyd Staffing, Inc.
($797,951; cumulative total $3,344,453) for temporary help services, 2/1/18 - 1/31/19; and authorize
County Procurement Officer or authorized Deputy to execute amendments - All Districts
45231 APPROVED AS RECOMMENDED
X
35. Approve Memorandum of Understanding (MOU) WCD0817 with Pechanga Band of Luiseño Mission
Indians for Tribal Temporary Assistance to Needy Families program, 12/13/17 - 5/31/20; approve license
agreement for ease of access to services for impacted clients; authorize Director or designee to execute
MOU; authorize Chief Real Estate Officer or designee to execute amendments to license agreement under
certain conditions; and make California Environmental Quality Act and other findings - All Districts
54231 APPROVED AS RECOMMENDED
X
GENERAL ADMINISTRATION
36. Approve recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts
54231 APPROVED AS RECOMMENDED
X
37. Approve grant applicants/awards submitted by Health Care Agency and OC Parks in 12/12/17
grants report and other actions as recommended - All Districts
53241 APPROVED AS RECOMMENDED
X
38. Acting as the Legislative Body of Community Facilities Districts 99-1, 2000-1 and 2001-1
(Ladera Ranch) - Adopt resolutions authorizing issuance of 2018 Special Tax Refunding Bonds
for Community Facilities District 99-1 ($16,500,000), Community Facilities District 2000-1
($21,500,000) and Community Facilities District 2001-1 ($27,000,000); and approve related
documents; Acting as the Board of Directors of the South Orange County Public Financing
Authority - Adopt resolution authorizing issuance of Special Tax Revenue Refunding Bonds in
one or more Series ($65,000,000); approve related documents; and approve related budget
adjustments - District 5 (RA 5 4/5 vote of the members present)
54231 APPROVED AS RECOMMENDED
X
RESO: 17-149 - 17-152
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39. Receive and file 2017 Strategic Financial Plan - All Districts
RECEIVED AND FILED
40. Adopt resolution authorizing issuance of a Pension Obligation Debenture, issuance and sale of
short-term Taxable Pension Obligation Bonds, 2018 Series A ($406,000,000); and execution and
delivery of Eighth Supplemental Trust agreement and Bond Purchase agreement; and authorizing
Public Finance Director to execute all related documents; approve related budget adjustments and
related payments; and make related findings - All Districts (RA 2 4/5 vote of the members
present)
45231 APPROVED AS RECOMMENDED
X
RESO: 17-153
41. Adopt resolutions declaring intention to levy reassessments and issue refunding bonds and
reassessment report for Reassessment District 17-1R (Newport Coast Phase IV); and adopt
resolution authorizing issuance of ($32,055,000) County of Orange Reassessment District No. 17-
1R (Newport Coast Phase IV) Limited Obligation Improvement Refunding Bonds; and approving
execution and delivery of Indenture of Trust, Escrow agreement, Bond Purchase agreement and
Continuing Disclosure Certificate; approve related budget adjustments; and make related findings
- District 2 (RA 4 4/5 vote of the members present)
13245 APPROVED AS RECOMMENDED
X
RESO: 17-154 - 17-156
42. Human Resource Services - Approve contract MA-017-18010683 with William C. McCaughey dba
Innovative TDM Solutions for County's Commuter Assistance Program services, 1/1/18 - 12/31/20
($764,397); renewable for two additional one-year terms; and authorize County Procurement Officer or
authorized Deputy to execute contract - All Districts
51234 APPROVED AS RECOMMENDED
X
Supervisor Spitzer:
S42A. Orange County Cemetery District - Reappoint William E. Nelson, Villa Park, for term ending
1/3/22
31245 APPROVED AS RECOMMENDED
X
S42B. North Tustin Advisory Committee - Reappoint Michael J. Holmes, North Tustin; Gail J.
Michelsen, Santa Ana and Peter Schneider, North Tustin, for terms ending 3/31/20
31245 APPROVED AS RECOMMENDED
X
PUBLIC PROTECTION
S42C. Probation - Approve contract MA-057-18010650 with Community Service Programs, Inc. for
Restorative Justice Program services, 12/15/17 - 12/14/20 ($555,000); renewable for two additional one-
year terms; authorize Chief Probation Officer or designee exercise cost contingency increase not to exceed
10% under certain conditions - All Districts (Continued from 12/5/17, Item 42)
B.O. CONTINUED TO 1/9/18, 9:30 A.M.
S42D. Assessor Department - Approve amendment 6 to agreement MA-002-13010579 with Brainsharp Inc. for
Assessment Tax System (ATS) ongoing maintenance and support, 1/1/18- 6/30/18 ($500,000; cumulative
total $7,480,110); and authorize County Procurement Officer or authorized Deputy to execute amendment
- All Districts
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GENERAL ADMINISTRATION
S42E. Supervisor Spitzer and Sheriff-Coroner - Receive and file Stepping Up Initiative Report
RECEIVED AND FILED
PUBLIC PROTECTION
S42F. Probation - Approve amendment 1 to contract MA-057-16011911 with American Justice Solutions, Inc.
dba CorrectiveSolutions for collection of Supervised Electronic Confinement Participant Fees to only
those who are 21 years of age and older; and authorize Chief Probation Officer or designee to execute
amendment - All Districts
54123 APPROVED AS RECOMMENDED
X
OC PUBLIC WORKS
43. Public Hearing to consider reading and adoption of "An Uncodified Ordinance of the County of Orange,
State of California Adopting Zone Change 16-04 and Rezoning Certain Land from the AR-20000
Agricultural Residential District to the AR-10000 (PD-10000) Agricultural Residential District with
Planned Development Overlay District"; adopt resolution to certifying Final Environmental Impact Report
No. 629 and making other findings; and adopt resolution approving Use Permit PA160051 for planned
development and making related findings - District 3
B.O. CLOSED PUBLIC HEARING
GENERAL ADMINISTRATION
CS-1. Human Resource Services - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government
Code Section 54957.6:Agency Negotiator: Brenda DiederichsEmployee Organizations: Association of
County Law Enforcement Management (ACLEM), American Federation of State, County and Municipal
Employees (AFSCME), Association of Orange County Deputy Sheriffs (AOCDS), International
Brotherhood of Teamsters, Local 952, In-Home Supportive Services (IHSS), International Union of
Operating Engineers (IUOE), Orange County Attorneys Association (OCAA), Orange County Employees
Association (OCEA), Orange County Managers Association (OCMA) and other non-represented
employeesRE: Terms and Conditions of Employment
B.O. DELETED
County Counsel:
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BOARD COMMENTS:
Supervisor Bartlett - Oral Re: Thanked OC Parks and Dana Point Harbor staff for their efforts with 43rd Annual
Dana Point Harbor Boat Parade of Lights and Merry Movie Night at Baby Beach
Vice Chair Do - Oral Re: Thanked his colleagues on the Board for their courtesy with his first time chairing a Board
meeting
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1. = Supervisor Do A. = Abstained
2. = Supervisor Steel X. = Excused
3. = Supervisor Spitzer N. = No
4. = Supervisor Nelson BO = Board Order
5. = Supervisor Bartlett
ORD. = Ordinance
RESO. = Resolution
Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)
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A G E N D A
REGULAR MEETING OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
ANDREW DO
CHAIRMAN
First District
Supervisor Bartlett will be presenting a proclamation to Ryan Hickman in recognition of his outstanding
environmentalism and recycling efforts
(Continued from 2/6/18)
Chairman Do will be presenting a resolution proclaiming April 8-14, 2018 as "Crime Victims' Rights Week"
(Regular Business of the Board of Supervisors will commence at 9:30 A.M. or after)
All matters are approved by one motion unless pulled by a Board Member for discussion or separate action. At this time,
any member of the public may ask the Board to be heard on any item on the Consent Calendar.
BOARD APPOINTMENTS
1. Supervisor Spitzer - Orange County Waste Management Commission - Appoint Dr. Beth Haney, Yorba
Linda, to complete term ending 1/18/20
Sheriff-Coroner:
3. Ratify amended agreement with State of California Commission on Peace Officer Standards and
Training for coroner training courses, 7/1/17 - 6/30/18 ($91,091 reduction; new total $77,280);
accept reduction in funding; and authorize Captain of the Coroner Division to execute amendment
- All Districts
4. Adopt resolution approving designations of Huntington Beach Hospital and Children's Hospital of Orange
County for involuntary detention, evaluation and treatment facility of Mentally Disordered individuals;
approve withdrawal of designation of Los Alamitos Medical Center; and direct Health Care Agency to
submit designations and withdrawal of designation to State Department of Health Care Services - Districts
2 and 3
5. Approve plans and specifications and set bid opening for 5/9/2018, 2:00 p.m., for Pavement Maintenance
and Repair project; authorize Director or designee to extend bid opening date up to 60 days if necessary;
and make California Environmental Quality Act and other findings - District 2
OC COMMUNITY RESOURCES
6. Approve proposed Aliso Creek Trail Slope Repair Project to restore bike trail and reduce future erosion of
the creek; and consider adoption of Initial Study/Mitigated Negative Declaration No. IP 17-248 and other
findings - District 5
7. Approve amendment 1 to agreement 13-23-629465 with Abrazar, Inc. for continued operations at Midway
City Community Center, 7/1/18 - 6/30/20; authorize Director or designee to execute amendment and
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related documents; and make California Environmental Quality Act and other findings - District 1
OC PUBLIC WORKS
8. Accept Grant Deeds from DMB San Juan Investment North, LLC and RMV PA2 Development, LLC, Cow
Camp Road Segment 2a and 2b.; authorize Director or designee to accept minor interests in real estate
needed for road right-of-way under certain conditions; and consider application of prior Final
Environmental Impact Reports 584 and 589 and other findings - District 5
9. Approve plans, specifications and bid documents; and set bid opening for 5/16/18, 2:00 p.m. for portable
restrooms and showers units project, The Courtyard - District 1
10. Approve Assignment, Novation and Consent agreements MA-080-16012253 and MA-080-16012254 from
HR Green California Inc. to HR Green Pacific, Inc. for architect-engineer on-call general services and on-
call land development expedited processing services, at no cost to County, effective 1/23/18 and 1/24/18;
and authorize Director or designee to execute agreements - All Districts
11. Approve contract MA-080-18011369 with EnergyCAP, Inc. for Utility Management & Billing System
services, 5/1/18 - 4/30/21 ($340,671); option to renew for two additional two year terms; authorize County
Procurement Officer or authorized Deputy to execute contract; and make California Environmental Quality
Act and other findings - All Districts
12. Acting as the Orange County Flood Control District - Approve plans, specifications and bid documents;
set bid opening for 5/9/18, 2:00 p.m. for F05 San Diego Creek sediment removal project - District 3
13. Acting as the Board of Supervisors and Orange County Flood Control District - Approve Cooperative
Agreement MA-080-18011125 with Southern California Regional Rail Authority to procure design of San
Juan Creek Bridge Underpass to serve as a maintenance road, public bikeway and trail along easterly levee
of San Juan Creek Channel; authorize Auditor-Controller or designee to issue payment of $225,060 under
certain conditions; and authorize Director or designee to exercise cost contingency increase not to exceed
15%, carry out terms, and execute related documents under certain conditions - District 5
END OF CONSENT CALENDAR
At this time, members of the public may ask the Board to be heard on the following items as those items are called.
14. Auditor-Controller - Approve agreement MA-003-18011477 with IntelliTime Systems Corporation for
VTI technical support services, 4/16/18 - 4/15/21 ($787,617); and authorize County Procurement Officer or
authorized Deputy to execute agreement - All Districts
Sheriff-Coroner:
15. Ratify amendment 3 to contract MA-060-15011312 with Hampton Tedder Electric Company Inc.
for maintenance and repair of high and medium voltage equipment, 3/3/18 - 3/2/19 ($300,000;
cumulative total $1,100,000); renewable for one additional year; and authorize County
Procurement Officer or authorized Deputy to execute amendment - All Districts
16. Approve amendment 4 to renew contract MA-060-14011108 with Siemens Industry, Inc. for
preventive maintenance, certification and full parts coverage of energy management system/fume
hoods, 4/23/18 - 4/22/19 ($35,000; cumulative total $172,176); and authorize County
Procurement Officer or authorized Deputy to execute amendment - All Districts
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17. Approve contract MA-060-18011472 with Traditional Funeral Services, Inc. for body
transportation services, 4/15/18 - 4/14/20 ($850,000); renewable for three additional one-year
terms; and authorize County Procurement Officer or authorized Deputy to execute contract - All
Districts
18. Ratify retroactive amendments 1 through 4 to contract MA-060-14011544 with DLT Solutions,
LLC dba DLT Solutions for annual subscription of Autodesk Building Design Suite Standard and
Autodesk Building Design Suite Premium, 5/30/14 - 5/29/18 ($32,771.19); approve amendment 5
to contract MA-060-14011544 with DLT Solutions, LLC dba DLT Solutions for annual
subscription of Autodesk Building Design Suite Standard and Autodesk Building Design Suite
Premium, 5/30/18 - 5/29/19 ($5,700; cumulative $38,471.19); and authorize County Procurement
Officer or authorized Deputy to execute amendments - All Districts
19. Receive and file status report and approve continuance of local emergency related to Theo Lacy
Facility for repair to inoperable elevator used for public, legal visits and emergency egress for
inmates; set review to determine need for continuing local emergency for 4/24/18, 9:30 a.m. and
every regularly scheduled meeting thereafter until terminated - District 3 (4/5 vote of the members
present) (Continued from 9/26/17, Item S46E; 10/17/17, Item 22; 10/31/17, Item 13; 11/14/17,
Item 17; 12/5/17, Item 31; 12/12/17, Item 17; 1/9/18, Item 9; 1/23/18, Item 21; 2/6/18, Item 12;
2/27/18, Item 15; 3/13/18, Item 11; 3/27/18, Item 5)
20. Approve agreement with OneOC for administrative support services for Waste Not OC Coalition, 7/1/18 -
6/30/19 ($225,000); and authorize Director or designee to execute agreement - District 1
21. Approve selection of and agreements with Child Guidance Center, Inc. ($23,199,219), Olive Crest
($6,920,724), Pathways Community Services, LLC ($4,682,016), Seneca Family of Agencies
($13,707,945), South Coast Children's Society, Inc., dba South Coast Community Services ($3,314,301),
Wayfinders Supportive Solutions ($3,101,091) and Western Youth Services ($31,314,072) for Behavioral
Health Outpatient services for Children and Youth, 7/1/18 - 6/30/21; and authorize Director or designee to
exercise cost contingency increase not to exceed 10% under certain conditions and to execute agreements -
All Districts
22. Approve amendment 3 to master agreement with various providers of recuperative care services, 7/1/17 -
12/31/20 ($3,483,627; revised cumulative total $8,386,517); and authorize Director or designee to execute
individual amendments - All Districts
23. Approve participation agreement with California Mental Health Services Authority for Mental Health
Services Act Innovation program, 4/27/18 - 6/30/22 ($24,000,000); authorize Director or designee to
execute agreement; and direct Auditor-Controller to distribute funds to California Mental Health Services
Authority upon approval and subsequent to approval by Mental Health Services Oversight and
Accountability Commission - All Districts
OC PUBLIC WORKS
24. Approve contracts MA-080-18011103 with Digital Mapping, Inc. and MA-080-18011104 with Quantum
Spatial, Inc. for architect-engineer contracts for on-call aerial surveying services, three-year term
($1,500,000 each; aggregate total $3,000,000) with option to renew for two additional years; authorize
Director or designee to execute contracts; direct Department to return to the Board on a quarterly basis
with a progress report at the end of the second year; and make California Environmental Quality Act and
other findings - All Districts
25. Approve contracts MA-080-18011097 with David Evans and Associates, Inc., MA-080-18011099 with
Johnson-Frank & Associates, Inc., MA-080-18011100 with Huitt-Zollars, Inc., MA-080-18011101 with
Michael Baker International, Inc., and MA-080-18011102 with Psomas for architect-engineer contracts for
on-call land surveying services, three-year term ($1,500,000 each; aggregate total $7,500,000) with option
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to renew for two additional years; authorize Director or designee to execute contracts; direct Department
to return to the Board on a quarterly basis with a progress report at the end of the second year; and make
California Environmental Quality Act and other findings - All Districts
26. Approve contracts MA-080-18011183 with Moffatt & Nichol, MA-080-18011184 with Noble Consultants,
Inc., MA-080-18011185 with Anchor QEA, LLC, MA-080-18011354 with GHD, Inc. and MA-080-
18011355 with Environmental Science Associates for architect-engineer on-call coastal engineering
services, three-year term ($750,000 each; aggregate total $3,750,000); with option to renew for two
additional years; authorize Director or designee to execute contracts; direct Department to return to the
Board on a quarterly basis with a progress report at the end of the second year; and make California
Environmental Quality Act and other findings - All Districts
27. Approve job order contracts MA-080-18011459 with Wreck Age Demolition, Inc. and MA-080-18011460
with Exbon Development, Inc. for demolition services, MA-080-18011441 with Baker Electric, Inc. and
MA-080-18011442 with Exbon Development, Inc. for electrical services, MA-080-18011452 with
Thomasville Construction, Inc., MA-080-18011453 with Harry H. Joh Construction, Inc., MA-080-
18011454 with Exbon Development, Inc. and MA-080-18011455 with Applied Air Conditioning, Inc. for
heating, ventilation and air conditioning services, MA-080-18011439 with Exbon Development, Inc. and
MA-080-18011440 with Best Contracting Services, Inc. for roofing services, MA-080-18011444 with All
American Asphalt and MA-080-18011445 with PALP, Inc. dba Excel Paving Company for slurry and
paving services, 4/12/18 - 4/11/19 ($4,640,000 each; aggregate total $55,680,000); authorize Director or
designee to execute contracts under certain conditions; and make California Environmental Quality Act
and other findings - All Districts
28. Acting as the Orange County Flood Control District - Approve change order 10 to contract MA-080-
15012058 with Tobo Construction, Inc. for liquidated damages assessed to Glassell Yard Campus
Stormwater Low-Impact Development Retrofit project ($306,000); and authorize Auditor-Controller to
make related payments - District 3
29. Approve Fourth Cycle Regional Recycling and Waste Reduction Funding Agreement with OneOC; and
authorize Director or designee to execute agreement - All Districts (Continued RA 4 from 2/27/18, Item
25; 3/13/18, Item 24)
30. Approve contract MA-299-18011418 with Tetra Tech BAS, Inc. for landfill gas operation and maintenance
services, Central Region Landfills, 4/10/18 - 4/9/21 ($7,500,000); with option to renew for two additional
one-year terms ($2,500,000 per year); authorize County Procurement Officer or authorized Deputy to
execute contract; and make California Environmental Quality Act and other findings - Districts 2 and 3
31. Accept retroactive grant award $288,062 from Governor's California Office of Emergency Services for
Child Abuse Treatment Program for continued therapy, advocacy and support to child victims of abuse and
neglect, 10/1/17 - 9/30/18 - All Districts
GENERAL ADMINISTRATION
32. County Counsel - Adopt resolution directing County public officials to seek County Counsel legal advice
on mass mailing items and prohibiting use of County funds for certain mass mailings and requiring 2/3
vote for future amendments to the resolution; and receive and file mass mailing best practices, checklist
and mass mailing training materials - All Districts (Continued from 3/13/18, Item S29F)
33. Approve recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts
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34. Approve contracts 017-18001MA with KNN Public Finance, LLC, 017-18002MA with Fieldman,
Rolapp & Associates, Inc., and 017-18003MA with CSG Advisors Inc. for on-call general
municipal advisory services, 4/23/18 - 4/22/21 (not to exceed $150,000 each, per year) with
option to renew for two additional one-year terms; and authorize Public Finance Director to
execute contracts - All Districts
35. Approve contracts 017-18001BC with Orrick, Herrington & Sutcliffe LLP, 017-18002BC with
Norton Rose Fulbright US LLP, and 017-18003BC with Stradling Yocca Carlson & Rauth for
general on-call legal services, 4/23/18 - 4/22/21 (not to exceed $150,000 each, per year) with
option to renew for two additional one-year terms; and authorize Public Finance Director to
execute contracts - All Districts
36. Approve grant applications/awards submitted in 4/10/18 grants report and other actions as
recommended - All Districts
37. Human Resource Services - Approve amendment 1 to contract with The StayWell Company, LLC for
administration of health management program, 5/13/18 - 5/12/20 ($3,330,200); and authorize Chief
Human Resources Officer or designee to execute amendment - All Districts
OC PUBLIC WORKS
38. Public Hearing to consider joint appeal filed regarding Red Rock Gardens Planning Application PA080053,
and either (a) approve or disapprove Planning Commission's decision, (b) add, modify or delete conditions,
(c) deny appeals and approve a modified Planning Application PA080053, or (d) provide direction and
refer the matter back to Planning Commission - District 3 (Continued from 3/13/18, Item 32)
39. Public Hearing to consider adopting resolution approving 2018 Weed Abatement Program; and direct OC
Public Works to report back to the Board on 7/31/18 and 8/6/19 with itemized cost reports - All Districts
40. Public Hearing to consider reading and adoption of "An Uncodified Ordinance of the County of Orange,
State of California Adopting Zone Change ZC 17-01 and Rezoning Certain Land from the A1 General
Agricultural District to the AR Agricultural Residential District for the Preserve at San Juan"; receive
Orange County Planning Commission Resolution No. 18-01; adopt resolution considering certification of
Final Environmental Impact Report No. 618 and other findings; adopt resolution approving General Plan
Amendment Land Use Element 17-01; and adopt resolution approving Area Plan PA130026 - District 5
The Board will break for lunch at approximately 12:00 PM and may consider closed session matters during that break.
The Board will then resume to handle any remaining business if necessary.
GENERAL ADMINISTRATION
CS-1. Human Resource Services - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government
Code Section 54957.6:
Agency Negotiator: Brenda Diederichs
Employee Organizations: Association of County Law Enforcement Management (ACLEM), American
Federation of State, County and Municipal Employees (AFSCME), Association of Orange County Deputy
Sheriffs (AOCDS), International Brotherhood of Teamsters, Local 952, In-Home Supportive Services
(IHSS), International Union of Operating Engineers (IUOE), Orange County Attorneys Association
(OCAA), Orange County Employees Association (OCEA), Orange County Managers Association
(OCMA) and other non-represented employees
RE: Terms and Conditions of Employment
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PUBLIC COMMENTS:
At this time, members of the public may address the Board of Supervisors regarding any off-agenda items within the
subject matter jurisdiction of the Board of Supervisors provided that NO action may be taken on off-agenda items unless
authorized by law. Comments shall be limited to three minutes per person, unless different time limits are set by the
Chairman subject to the approval of the Board.
BOARD COMMENTS:
At this time, members of the Board of Supervisors may comment on agenda or non-agenda matters and ask questions of or
give directions to staff; provided that NO action may be taken on off-agenda items unless authorized by law.
ADJOURNED:
NEXT MEETINGS:
April 17, 2018 No Scheduled Meeting
April 24, 2018 Regular Meeting
May 1, 2018 No Scheduled Meeting
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
THIS Job Order Contract MA-080-18011453 for HVAC Services (hereinafter referred to as
“Contract”) is made and entered into as of the date fully executed by and between County of Orange, a
political subdivision of the State of California, (hereinafter referred to as “County”) and Harry H. Joh
Construction, Inc., (hereinafter referred to as “Contractor”), which are sometimes individually
referred to as (“Party”), or collectively referred to as (“Parties”).
RECITALS
WHEREAS, County and Contractor are entering into this Contract for HVAC Services
under a Usage Contract; and,
WHEREAS, County solicited HVAC Services as set forth herein, and Contractor has
represented that it is qualified and capable to provide HVAC Services to the County as further set forth
herein; and,
WHEREAS, Contractor agrees to provide HVAC Services to the County 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. Adjustment Factor: The Bidder’s competitively bid price adjustment to the unit prices published
in the Construction Task Catalog®.
2. 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.
3. 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.
4. Construction Task Catalog® (CTC): 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.
5. 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
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management
Practices (BMPs) that parties using properties within Orange County must adhere to.
6. 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.
7. Final Acceptance: All Work as 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
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Other Than Normal Working Hours: means Work done between the hours of 5:00 PM to 7:00
AM, on week days and any times during Saturday, Sunday, and County holidays.
15. Project: The Work to be performed by Contractor on behalf of County pursuant to this Contract
as described in individual Job Orders.
16. Request for Quote (RFQ): The County’s Request for Quote for a specific Job Order.
17. 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.
18. 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.
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
ARTICLES
1. Scope of Contract: This Contract, including Attachments, specifies the contractual terms and
conditions by which the Contractor will provide HVAC Services under a Usage Contract, as set
forth in the Scope of Work identified as Attachment A to this Contract.
2. Term: This Contract shall become effective April 12, 2018 if all necessary signatures have been
executed by that date, or upon execution of all necessary signatures if execution occurs after
April 12, 2018, and shall continue for one (1) year from said date or execution, whichever is
later, or until the total Contract amount is reached, or unless otherwise terminated as provided
herein. Dates are in accordance with prior year’s contract expiration
3. 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.
4. County's Representatives:
A. The Contract will be under the general direction of the Board of Supervisors. OC Public
Works 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, or OC Public Works, 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.
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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 insure 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.
5. 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. Superintendence: 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.
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,
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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. Superintendence and 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.
6. 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.
7. Child Support Enforcement Requirements: Contractor is required to comply with the child
support enforcement requirements of the County. Failure of the Contractor to comply with all
federal, state, and local reporting requirements for child support enforcement or to comply with
all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall
constitute a material breach of the Contract. Failure to cure such breach within 60 calendar days
of notice from the County shall constitute grounds for termination of the Contract.
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: The Contractor shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interests of the County. This
obligation shall apply to the Contractor; the Contractor’s employees, agents, and relatives;
subcontractors; and third parties associated with accomplishing work and services hereunder.
The Contractor’s efforts shall include, but not be limited to establishing precautions to prevent
its employees or agents from making, receiving, providing or offering gifts, entertainment,
payments, loans or other considerations which could be deemed to appear to influence
individuals to act contrary to the best interests of the County.
10. 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.
11. 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.
12. 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
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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.
13. 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.
14. 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 spokespersons for County projects
without first obtaining permission from the County Project Manager.
15. 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.
16. 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
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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.
17. 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.
18. 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.
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.
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.
19. 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.
20. 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
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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.
21. Protection: The Contractor shall take proper safety and health precautions to protect the Work,
the workers, the public, and the property of others. He 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
OC Public Works. Contractor's and subcontractors' employees shall possess means of
identification at all times as required by OC Public Works 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 OC Public Works. Any dispute as to compensation claimed by the
Contractor on account of emergency Work shall be determined by agreement as hereinafter set
forth.
OC Public Works 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
OC Public Works shall not relieve the Contractor of responsibility.
If the Contractor fails or refuses to comply promptly, OC Public Works 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.
22. 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 (“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 property resulting from defects or obstructions or from any cause
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
whatsoever during the progress of the Project or at any time before its completion and final
acceptance.
The Contractor shall indemnify, defend with counsel approved in writing by County and save
harmless the County Indemnitees from all claims, suits or actions of every name, kind and
description, brought for, or on account of, injuries to or death of any person or damage to
property resulting from the construction of the Project or by or in consequence of any negligence
in guarding the Project; use of improper materials in construction of the Project; or by or on
account of any act or omission by the Contractor or his agents during the progress of the Work or
at any time before the completion and final acceptance of the Project.
In addition to any remedy authorized by law, so much of the money due the Contractor under
and by virtue of the Contract as shall be considered necessary by the County may be retained by
it until disposition has been made of such suits or claims for damages as aforesaid.
If judgment is entered against Contractor and County by a court of competent jurisdiction
because of the concurrent active negligence of County and County Indemnitees, Contractor and
County agree that liability will be apportioned as determined by the court. Neither Party shall
request a jury apportionment.
Notwithstanding anything stated above, nothing contained herein shall relieve Contractor of any
insurance requirements of obligations created elsewhere in this Contract.
23. Other Contracts: The Board of Supervisors may undertake or award other contracts for
additional Work, and the Contractor shall fully cooperate with such other contractors and County
employees and carefully fit his own Work to such additional Work as may be directed by OC
Public Works. The Contractor shall not commit or permit any act, which will interfere with the
performance of Work by any other contractor or by County employees.
24. Breach of Contract: The failure of the Contractor to comply with any of the provisions,
covenants or conditions of this Contract, shall constitute a material breach of this Contract. In
such event the County may, and in addition to any other remedies available at law, in equity, or
otherwise specified in this Contract:
i. Afford the Contractor written notice of the breach and ten calendar days or such shorter
time that may be specified in this Contract within which to cure the breach;
ii. Discontinue payment to the Contractor for and during the period in which the Contractor
is in breach and offset against any monies billed by the Contractor but yet unpaid by the
County those monies disallowed pursuant to the above.
iii. Terminate the Contract immediately without penalty.
25. Orderly Termination: Upon termination or other expiration of this Contract, each Party shall
promptly return to the other Party all papers, materials, and other properties of the other held by
each for purposes of execution of the Contract. In addition, each Party will assist the other Party
in orderly termination of this Contract and the transfer of all assets, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each Party.
26. Wage Rates: Pursuant to the provisions of Section 1773 of the Labor Code of the state of
California, the Contractor shall comply with the general prevailing rates of per diem wages and
the general prevailing rates for holiday and overtime wages in this locality for each craft,
classification, or type of worker needed to execute this Contract. The rates are available from
the Director of the Department of Industrial Relations at the following website:
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
Pursuant to Section 1725.5 of the Labor Code, a contractor shall be registered to be qualified to
bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any public work contract that is subject to the
requirements of this chapter. For the purposes of this section, “contractor” includes a
subcontractor as defined by Section 1722.1.
It is not a violation of this section for an unregistered contractor to submit a bid that is authorized
by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the
Public Contract Code, provided the contractor is registered to perform public work pursuant to
Section 1725.5 at the time the contract is awarded.
The County will not accept a bid nor enter any contract or subcontract without proof of the
contractor or subcontractor’s current registration to perform public work pursuant to Section
1725.5.
Any job orders issued under this Contract may be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. The prime contractor shall post job site
notices, as prescribed by regulation. Each contractor and subcontractor shall furnish the records
specified in Section 1776 directly to the Labor Commissioner.
The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it
shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices
solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except
as provided in Section 3077.
27. Wage Rate Penalty: Pursuant to the provisions of the Labor Code Section 1775, the Contractor
shall forfeit to the County, as a penalty, the sum of Twenty-five Dollars ($25) for each calendar
day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the
stipulated prevailing rates for Work done under this Contract, by Contractor or by
subcontractors, in violation of the provisions of this Contract.
28. Payroll Records: CONTRACTOR and any Subcontractor(s) shall comply with the
requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish
the records specified in Section 1776 directly to the Labor Commissioner in an electronic format,
or other format as specified by the Commissioner, in the manner provided by Labor Code
Section 1771.4.
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
1.1.1. CONTRACTOR and any Subcontractor(s) performing any portion of the work under
this Contract shall keep an accurate record, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each journeyman, apprentice, worker, or
other employee employed by CONTRACTOR or any Subcontractor(s) in connection
with the work.
1.1.2. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct.
(b) The employer has complied with the requirements of Labor Code Sections 1771,
1811, and 1815 for any work performed by his or her employees in connection with
the Contract.
1.1.3. The payroll records shall be certified and shall be available for inspection at the principal
office of CONTRACTOR on the basis set forth in Labor Code Section 1776.
1.1.4. CONTRACTOR shall inform COUNTY of the location of the payroll records, including
the street address, city and county, and shall, within five working days, provide a notice
of any change of location and address of the records.
1.1.5. Pursuant to Labor Code Section 1776, CONTRACTOR and any Subcontractor(s) shall
have 10 days in which to provide a certified copy of the payroll records subsequent to
receipt of a written notice requesting the records described herein. In the event that
CONTRACTOR or any Subcontractor fails to comply within the 10-day period, he or
she shall, as a penalty to COUNTY, forfeit $100, or a higher amount as provided by
Section 1776, for each calendar day, or portion thereof, for each worker to whom the
noncompliance pertains, until strict compliance is effectuated. CONTRACTOR
acknowledges that, without limitation as to other remedies of enforcement available to
COUNTY, upon the request of the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement of the California Department of Industrial Relations,
such penalties shall be withheld from progress payments then due CONTRACTOR.
CONTRACTOR is not subject to a penalty assessment pursuant to this section due to the
failure of a Subcontractor to comply with this section.
CONTRACTOR and any Subcontractor(s) shall comply with the provisions of Labor Code
Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general
prevailing rates of per diem wages and holiday and overtime wages as determined by the
Director of Industrial Relations. CONTRACTOR shall post a copy of these wage rates at the job
site for each craft, classification, or type of worker needed in the performance of this Contract, as
well as any additional job site notices required by Labor Code Section 1771.4(b). Copies of
these rates are on file at the principal office of COUNTY’s representative, or may be obtained
from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at
www.dir.ca.gov. If the Contract is federally funded, CONTRACTOR and any Subcontractor(s)
shall not pay less than the higher of these rates or the rates determined by the United States
Department of Labor.
29. Work Hour Penalty: Eight hours of labor constitute a legal day's Work, and forty hours
constitute a legal week's Work. Pursuant to Section 1813 of the Labor Code of the State of
California, the Contractor shall forfeit to the County Twenty Five Dollars ($25) for each worker
employed in the execution of this Contract by the Contractor or by any subcontractor for each
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
calendar day during which such worker is required or permitted to Work more than the legal
day's or week's Work, except that Work performed by employees of said Contractor and
subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon
the payment of compensation to the workers for all hours worked in excess of eight hours per
day of not less than 1-1/2 times the basic rate of pay.
30. Registration of Contractors: Contractor and all subcontractors must comply with the
requirements of labor code section 1771.1(a), pertaining to registration of contractors pursuant to
section 1725.5. Registration and all related requirements of those sections must be maintained
throughout the performance of the Contract.
31. Withholding of Wage Differentials: The County may withhold from the Contractor as much of
any accrued payments as may be necessary to pay laborers, craft workmen and mechanics
employed on the Project any difference between the rate of wages required to be paid pursuant to
California law and the rate of wages actually paid to such laborers, craft workmen and
mechanics.
32. Craft Labor Time Records: The Contractor shall keep full, true and accurate records of the
names and actual hours worked by the respective workers and laborers employed under this
Contract in accordance with California Labor Code and shall allow access to the same any
reasonable hour to the County, its agents or representatives and to any person having the
authority to inspect the same as contemplated under the provisions of said California Labor
Code, or when requested by the County.
Eight (8) hours of labor shall constitute a legal day’s Work. The Contractor shall comply with
Labor Code regarding legal day’s Work and overtime.
33. Non-Discrimination: In the performance of the terms of this Contract, Contractor agrees that
he will not engage in nor permit such subcontractors as he may employ to engage in
discrimination against any employee or applicant for employment on the basis of race, sex,
color, religion, ancestry, national origin, marital status, age or as an otherwise qualified
handicapped individual. This prohibition shall pertain to employment, upgrading, demotion, or
transfer; recruitment advertising; layoff or termination; rates of pay and other forms of
compensation; selection for training, including apprenticeship; and any other action or inaction
pertaining to employment matters.
34. Assignment Of Antitrust Actions: In accordance with Public Contract Code, Section 7103.5,
by entering into this Contract or into a subcontract to supply goods, services, or materials
pursuant to this Contract, the Contractor, or subcontractor, offers and agrees to assign to the
County all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with
Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to this Contract or the subcontract. This
assignment shall be made and become effective at the time the County tenders final payment to
the Contractor, without further acknowledgment by the parties. The Contractor shall cause to be
inserted in any such subcontract stipulations to effectuate this Clause and the provisions of
Public Contract Code, Section 7103.5.
35. Substituted Security: In accordance with Section 22300 of the Public Contract Code, the
County will, at the request and expense of the Contractor, accept securities equivalent to any
amount withheld by the County to ensure performance under this Contract, including, but not
limited to, the amount withheld under Attachment B, Paragraph IV of the Contract. Such
substituted security must meet the requirements of said Section 22300, and shall be deposited
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
with a California or federally chartered bank as escrow agent. The security shall be held by the
escrow agent subject to a written escrow agreement between County, Contractor, and escrow
agent, which Contract shall be in a for substantially similar to that contained in Public Contract
Code, Section 22300.
36. Apprentices: The Contractor shall familiarize himself with the provisions of Section 1777.5 of
the Labor Code regarding employment of apprentices, and shall be responsible for compliance
therewith, including compliance by his subcontractors.
Contractor agrees to comply with the provisions of Labor Code Section 1777.5 and any other
applicable laws or regulations, including but not limited to, 8 California Code of Regulations,
Section 230.1(A), pertaining to apprentices. Section 1777.5 shall not apply to contracts of
general contractors or to contracts of specialty contractors not bidding for Work through a
general or prime contractor when the contracts of general contractors or those specialty
contractors involve less than Thirty Thousand Dollars ($30,000).
Contractor and subcontractor shall comply with Section 1777.6 of the Labor Code which
stipulates that an employer or a labor union shall not refuse to accept otherwise qualified
employees as registered apprentices on any public works on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as provided in Section 3077 of the Labor Code and
Section 12940 of the Government Code.
37. Liquidated Damages: Timely Completion of services provided under this Contract is of the
essence. Should the Contractor fail to substantially complete the Work specified in the Job Order
in accordance with the approved construction schedule, and provided the Contractor has not
previously obtained a written extension of time from the County in accordance with this
Contract, a sum appropriate with the following schedule may be deducted from each succeeding
request for payment as liquidated damages on each Job Order if applicable.
Schedule for Liquidated Damages
Job Order price Liquidated damages per day
Up to $100,000 $500
Greater Than $100,000 $1,000
A. The applicability of liquidated damages shall be clearly noted on the Request for Quote for
each Job Order. No liquidated damages shall apply if not noted on the Request for Quote.
If the Contractor fails to complete any part of the Work in accordance with the Work
duration schedule, the County agrees to have the right to complete that part of the Work it
deems necessary in order to maintain the Work duration schedule. All direct and indirect
costs of such Work shall be paid by the Contractor.
38. Material, Workmanship, and Acceptance:
A. Where materials are specified by reference to standard specifications of the American
Society for Testing Materials (A.S.T.M.), Federal Specifications, or others, all applicable
provisions of the designated specifications shall be considered as forming a part of the
Contract documents to the same force and effect as if repeated therein.
B. All Work under this Contract shall be performed in a skillful and workmanlike manner.
OC Public Works may, in writing, require the Contractor to remove from the Work any
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
dimensions in the drawings. Anything mentioned in the specifications and not shown on
the drawings, or shown on the drawings and not mentioned in the specifications, shall be
of like effect as if shown or mentioned in both.
B. Omissions and Mis-descriptions: Omissions from the drawings or specifications, or the
mis-description of details of Work which are manifestly necessary to carry out the intent of
the drawings and specifications, or which are customarily performed, shall be called to the
attention of the County as soon as possible. The County shall promptly notify the
Contractor of the correction or addition to be made. In the event the omission or
misdirection is substantial and the custom of the trade or industry does not require the
Contractor to perform the Work without issuance of an additional Job order. Any
adjustment by the Contractor without written determination shall be at Contractor’s own
risk and expense.
C. Conflicting Information: In case of conflict between sections of the specifications and/or
the drawings, the Contractor shall call this to attention of the County and ask for
clarification, which is to be documented within the Job Order.
D. Drawings and Specifications at the Site: The Contractor shall keep available at the site for
ready reference a complete set of all Contract drawings, details, supplementary drawings,
approved shop drawings, a complete copy of the specifications with all addenda, bulletins,
amendments, and copies of project correspondence. The Contractor shall maintain on the
site a complete "as-built" record set of drawings. In addition, the Contractor shall keep on
the site a copy of each manufacturer's current printed recommendations. Contractor shall
also submit a copy to the County.
E. Deviations: Deviations from the drawings and the dimensions therein given, whether or
not error is believed to exist, shall be made only after written authority is obtained from
the County, and shall be documented within the Detailed Scope of Work for the specific
Job Order.
F. Technical Specifications: The Technical Specifications furnished on the CD are intended
to establish the standards for quality, performance and technical requirements for all labor,
workmanship, material, methods and equipment necessary to complete the Work. When
specifications and drawings are provided or referenced by the County, these are to be
considered part of the Scope of Work, and to be specifically documented in the Detailed
Scope of Work. For convenience, the County supplied specifications, if any, and the
Technical Specifications furnished on the CD.
41. Division of the Specifications:
A. For convenience, these specifications are arranged in several divisions and sections, but
such separations shall not be considered as the limits of the Work required for any
subcontract or trade; the terms and conditions of such limitations are wholly between the
Contractor and his subcontractors, and the County will not be responsible for any division
of Work by subcontractors. The Contractor will be solely responsible for all subcontract
arrangements of Work regardless of the location of provisions in the specifications.
B. Schedules of Work included in the sections, where listed, are given for convenience only,
and shall not be considered as a comprehensive list of items or Work necessary to
complete the Work of any section.
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
C. Where devices or items or parts thereof are referred to in the singular, it is intended that
such reference shall apply to as many such devices, items, or parts as are required to
properly complete the Work.
D. Each section of the specifications is covered by applicable requirements of the Contract
documents and other related sections as if therein written.
42. Site Conditions:
A. Existing Site Conditions: Information with respect to the site of the Work given in
drawings or specifications has been obtained by County's representatives and is believed to
be reasonably correct, but the County does not warrant either the completeness or accuracy
of such information, and it is the responsibility of the Contractor to verify all such
information.
B. Changed Conditions: The Contractor shall promptly, and before such conditions are
disturbed, notify the County Project Manager in writing of:
i. Subsurface or latent physical conditions at the site differing materially from those
indicated in this Contract, or
ii. Unknown physical conditions at the site, of an unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in Work of
the character provided for in this Contract.
iii. Material that the Contractor believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code that is required to be
removed to a Class I, Class II or Class III disposal site in accordance with provisions
of existing law.
iv. County Project Manager will promptly investigate the conditions, and if, as a result,
finds that such conditions do so materially differ and cause an increase or decrease
in the Contractor's cost of, or the time required or performance of this Contract, an
equitable adjustment in accordance with section 17 above, and Articles 32 and 46,
shall be made and the Contract modified in writing accordingly. Any claim of the
Contractor for adjustment hereunder shall not be allowed unless he has given notice
as above required.
In the event that a dispute arises between the County and the Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor’s cost of, or, time required for, performance of any part of
the Work, the Contractor shall not be excused from any scheduled completion date
provided for by the Contract, but shall proceed with all Work to be performed under
the Contract. The Contractor shall retain any and all rights provided either by
Contract or by law which pertain to the resolution of disputes and protests between
the contracting parties.
C. Public Utility Facilities on Project Site: Pursuant to Government Code, Section 4215, the
Contractor shall be compensated for the costs of locating and repairing damage not due to
failure of Contractor to exercise reasonable care, and removing, relocating existing or
protecting existing main or trunkline utility facilities located on the Contract construction
site and not identified in the plans or specifications with reasonable accuracy. This will be
accomplished by the issuance of a separate Job Order. The payment of this is full
compensation for all Contractor’s cost.
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Harry H. Joh Construction, Inc.
D. Space at Site: The Contractor shall be allowed reasonable space at the site of the Work as
available and access thereto and shall confine his operations to the space assigned. The
Work shall be done without interference with the ordinary use of streets, berthing places,
fairways, and passages. The Contractor shall cooperate with other Contractors of the
County and shall not commit or permit any act which will interfere with the performance
of Work by any other Contractor or employees of the County whether at the site or not.
E. Facility Security: Contractor shall keep all doors locked while working in any buildings
on the site. Keys shall not be left in the doors. Contractor shall not admit any person into
the building that is not a direct employee of the Contractor and not actively engaged in
performance of the Work. Contractor shall restrict access to the areas of the facility not
specifically included in this Contract for construction services. The Contractor shall check
all windows and doors for proper closure and locking, extinguish all lights except master
security lighting, and then reactivate the security system (if applicable) prior to leaving the
facility.
F. Security System: The site and the Work area may be protected by limited access security
systems. An initial access code number will be issued to the Contractor by the County.
Thereafter, all costs for changing the access code due to changes in personnel or required
substitution of contracts shall be paid by the Contractor and may be deducted from
payments due or to become due to the Contractor. Furthermore, any alarms originating
from the Contractor’s operations shall also be paid by the Contractor and may be deducted
from payments due or to become due to the Contractor.
G. Secured Facilities: For specific Job Orders, the work may be conducted at secured County
facilities. As a requirement to work in these Facilities, all Contractor employees, including
all subcontractor employees, must obtain a security clearance. If security clearances are
required, this will be discussed at the Joint Scope meeting. At the Joint Scope meeting, all
requirements and forms will be provided by the County Project Manager. Also, the
requirement to obtain the clearances will be incorporated in the Job Order Schedule. All
costs to obtain clearances are the responsibility of the Contractor.
H. Employee Acceptability: If required by a specific Job Order, prior to commencing any
construction at the site, Contractor shall obtain security clearances of all persons and/or
entities it intends to employ. During the life of a Job Order, Contractor shall remove and
replace any employee working on this project when requested to do so by the County.
43. Beneficial Occupancy:
A. The County may, at any time, and from time to time, during the performance of the Work,
enter the structure for the purpose of installing any necessary Work by County labor of
other contracts, and for any other purpose in connection with the installation of facilities.
In doing so, the County shall endeavor not to interfere with the Contractor and the
Contractor shall not interfere with other Work being done by or on behalf of the County.
B. If, prior to completion and Final Acceptance of all the Work under a specific Job Order,
the County takes possession of any structure (whether completed or otherwise) comprising
a portion of that Project with the intent of retaining possession thereof (as distinguished
from temporary possession contemplating the return to the Contractor), then, while the
County is in possession of the same, the Contractor, notwithstanding its normal
responsibilities, shall be relieved of liability for loss or damage to structure other than that
resulting from the Contractor's fault or negligence. Such taking of possession by the
County shall not relieve the Contractor from any provisions of this Contract respecting
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
such structure, other than to the extent specified in the preceding sentence, nor constitute a
final acceptance of such structure.
44. Contract Disputes:
A. In the event of a dispute between the Parties as to performance of the Work, the
interpretation of this Contract, or payment or nonpayment for Work performed, the parties
shall attempt to resolve the dispute. Pending resolution of the dispute, the Contractor shall
continue the Work diligently to completion as directed by OC Public Works. If the dispute
is not resolved, the Contractor agrees he will neither rescind this Contract nor stop the
progress of the Work.
B. For this section a “claim” means a separate demand by a contractor sent by registered mail
or certified mail with return receipt requested, for one or more of the following: a time
extension, including, without limitation, for relief from damages or penalties for delay
assessed by a public entity under a contract for a public works project; payment by the
public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public works project and payment for which is not
otherwise expressly provided or to which the claimant is not otherwise entitled; payment
of an amount that is disputed by the public entity.
Pursuant to Public Contract Code Section 9204:
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days,
shall provide the claimant a written statement identifying what portion of the claim is disputed and
what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by
mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt requested,
the public entity shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the claimant a written
statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60
days after the public entity issues its written statement. If the public entity fails to issue a written
statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return
receipt requested, the public entity shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a
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Harry H. Joh Construction, Inc.
written statement identifying the portion of the claim that remains in dispute and the portion that is
undisputed. Any payment due on an undisputed portion of the claim shall be processed and made
within 60 days after the public entity issues its written statement. Any disputed portion of the
claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with
the public entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed portion of
the claim has been identified in writing. If the parties cannot agree upon a mediator, each party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by
its respective mediator in connection with the selection of the neutral mediator. If mediation is
unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures
outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under
private arbitration or the Public Works Contract Arbitration Program, if mediation under this
section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section shall result
in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public
entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements
of this section, shall not constitute an adverse finding with regard to the merits of the claim or the
responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent
per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a
public entity because privity of contract does not exist, the contractor may present to the public
entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may
request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that
the contractor present a claim for work which was performed by the subcontractor or by a lower
tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be
presented to the public entity shall furnish reasonable documentation to support the claim. Within
45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as
to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim, provide the subcontractor with a statement of the reasons for not having
done so.
Upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and
proceed directly to the commencement of a civil action or binding arbitration, as applicable.
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
C. All construction claims of Three Hundred Seventy Five Thousand Dollars ($375,000) or
less between the Contractor and the County shall be resolved in accordance with the
provisions of Division 2, Part 3, Chapter 1, Article 1.5 of the Public Contract Code of the
State of California. Contractor's sole remedy for construction claims of more than Three
Hundred Seventy Five Thousand Dollars ($375,000) will be to submit such controversy to
determination by a court of the State of California in Orange County, California, having
competent jurisdiction of the dispute, after the project has been completed and not before.
D. Notwithstanding the foregoing, with respect to any dispute involving a claim by the
Contractor for additional compensation, Contractor shall submit such claim in writing to
OC Public Works promptly as the alleged facts giving rise to, or the alleged bases for, the
claim become known to the Contractor; any such claim not promptly so submitted to OC
Public Works shall be deemed waived; and in no event shall a claim for additional
compensation be asserted or be assertable after completion or cessation of the Work.
45. Notices: Any and all notices, requests demands and other communications contemplated, called
for, permitted, or required to be given hereunder shall be in writing, except through the course of
the County’s Project Manager and Contractor’s Project Manager routine exchange of
information and cooperation during the terms of the Work and services. Any written
communications shall be deemed to have been duly given upon actual in-person delivery, if
delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four
calendar days after being mailed by US certified or registered mail, return receipt requested,
postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All
communications shall be addressed to the appropriate Party at the address stated herein or such
other address as the Parties hereto may designate by written notice from time to time in the
manner aforesaid.
County: Jennifer Carroll, Contract Administrator
1143 E. Fruit St
Santa Ana, CA 92701
(714)667-4942
Jennifer.Carroll@ocpw.ocgov.com
46. Governing Law and Venue: This Contract has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State of California. In
the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue
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Harry H. Joh Construction, Inc.
shall be a court of competent jurisdiction located in Orange County, California, and the Parties
hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of
Civil Procedure section 394. Furthermore, the Parties specifically agree to waive any and all
rights to request that an action be transferred for trial to another County.
47. Entire Contract: This Contract, including Attachments, which are attached hereto and
incorporated herein by this reference, when accepted by the Contractor either in writing or by the
shipment of any article or other commencement of performance hereunder, contains the entire
Contract between the Parties with respect to the matters herein and there are no restrictions,
promises, warranties or undertakings other than those set forth herein or referred to herein. No
exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized
by County in writing. Electronic acceptance of any additional terms, conditions or supplemental
Contracts by any County employee or agent, including but not limited to installers of software,
shall not be valid or binding on County unless accepted in writing County’s Purchasing Agent or
his designee.
48. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made
in writing and signed by the Parties; no oral understanding or agreement not incorporated herein
shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions
are valid or binding on County unless authorized by County in writing.
49. Taxes: Unless otherwise provided herein or by law, price quoted does not include California
state sales or use tax.
50. Warranty Work: Failure by the Contractor to take corrective action within twenty four (24)
hours after personal or telephonic notice by the County's OC Public Works on items affecting
essential use of the facility, safety or the preservation of property, and within ten (10) calendar
days following written notice on other deficiencies, will result in the County taking whatever
corrective action it deems necessary. All costs resulting from such action by the County will be
claimed against Contractor or, if necessary, the Contractor's Performance Bond.
51. Patent Infringement:
A. The Contractor shall report to OC Public Works, promptly and in reasonable detail, each
notice or claim of patent infringement based on the performance of this Contract of which
the Contractor has knowledge.
B. In the event of any suit against the County, or any claim against the County made before
suit has been instituted, on account of any alleged patent infringement arising out of the
performance of this Contract, or out of the use of any supplies furnished or Work or
services performed hereunder, the Contractor shall, at his own expense, furnish to the
County, upon request, all evidence and information in possession of the Contractor
pertaining to such suit or claim. The Contractor further agrees to indemnify, defend with
counsel approved in writing by County and hold harmless the County against any and all
claims or lawsuits based upon such patent infringement, to defend such suits, and to pay
any judgment rendered against County, its employees, or the Board of Supervisors.
52. Assignment: Neither the Contract nor any portion thereof may be assigned by the Contractor
without the expressed permission of the County. Claims for monies due or to become due the
Contractor from the County under this Contract may be assigned, with the written consent of the
County Purchasing Agent or designee, to a bank, trust company, or other financing institution
and may thereafter be further assigned or reassigned to any such institution. To effect such
assignments, the Contractor, or his assignee, shall submit a written request to the County Project
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Harry H. Joh Construction, Inc.
Manager enclosing a letter from the proposed assignee indicating that it will accept such
assignment. Any attempted assignment contrary to the provisions of this paragraph shall be
void.
53. Termination For Cause & Damages For Delay:
A. If the Contractor refuses or fails to prosecute the Work with such diligence as will insure
its completion within the time specified in this Contract or any extension thereof, or fails
to complete said Work within such time, the County Project Manager may, by written
notice to the Contractor, terminate his right to proceed with the Project or such part of the
Project as to which there has been delay. In such event, the County may take over the
Project and prosecute the same to completion, by Contract or otherwise, and may take
possession of and utilize in completing the Project such materials, appliances, and plant as
may be on the site of the Project and necessary therefore. Whether or not the Contractor's
right to proceed with the Project is terminated, he and his sureties shall be liable for any
damage to the County resulting from his refusal or failure to complete the Project within
the specified time.
B. If fixed and agreed liquidated damages are provided in the Contract and if the County
takes over the Project or otherwise incurs damages as a result of Contractor’s default, the
resulting damage will consist of such liquidated damages until such reasonable time as
may be required for final completion of the Project together with any increased costs
occasioned the Project in completing the Project as well as any other damages incurred by
County.
C. The Contractor's right to proceed shall not be so terminated nor the Contractor charged
with resulting damage if:
i. The delay in the completion of the Project arises from causes beyond the control and
without the fault or negligence of the Contractor, including, but not restricted to, acts
of God, acts of the public enemy, acts of the County, acts of another contractor in
the performance of a Contract with the County, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, other than normal weather, or delays of
subcontractors or suppliers arising from causes beyond the control and without the
fault or negligence of both the Contractor and such subcontractors or suppliers; and
ii. The Contractor, within ten days from the beginning of any such delays (unless OC
Public Works grants a further period of time before the date of final payment under
the Contract), notifies OC Public Works in writing of the causes of delay.
iii. OC Public Works shall ascertain the facts and the extent of the delay and extend the
time for completing the Project when, in its judgment, the delay is justified. OC
Public Works shall make written findings, and the findings of fact shall be final and
conclusive on the parties, subject only to as the procedures provided in Article 43 of
these Articles.
D. The rights and remedies of the County provided in this Clause are in addition to any other
rights and remedies provided by law or under this Contract.
54. Termination for Convenience of the County: Notwithstanding any other provision of the
Contract, the County may, at any time, and without cause, terminate this Contract in whole or in
part, upon not less than seven (7) days' written notice to the Contractor. Such termination shall
be effected by delivery to the Contractor of a notice of termination specifying the effective date
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
of the termination and the extent of the Work to be terminated. The Contractor shall
immediately stop Work in accordance with the notice and comply with any other direction as
may be specified in the notice or as provided subsequently by the County. The County shall pay
the Contractor for the Work completed prior to the effective date of the termination and such
other payment Contractor is entitled to under Attachment A, section III. “Performance
Requirements” and such payment shall be Contractor's sole remedy under this Contract. Under
no circumstances will the Contractor be entitled to anticipatory or unearned profits,
consequential damages, or other damages of any sort as a result of a termination or partial
termination under this Paragraph. The Contractor shall insert in all subcontracts that the sub-
consultant shall stop Work on the date of and to the extent specified in a notice of termination,
and shall require sub-consultant’s to insert the same condition in any lower tier subcontracts.
55. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived
and no breach excused, unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the
other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any
other different or subsequent breach.
56. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as
to one another and as to any other provided by law, rather than exclusive; and the expression of
certain remedies in this Contract does not preclude resort by either Party to any other remedies
provided by law.
57. Independent Contractor: Contractor shall be considered an independent Contractor and
neither the Contractor, its subcontractors, employees, nor anyone working for Contractor under
this Contract shall be considered an agent or an employee of County. Neither the Contractor,
employees nor anyone working for the Contractor under this Contract shall qualify for workers’
compensation or other fringe benefits of any kind through County.
58. Performance: Contractor shall perform all Work under this Contract, taking necessary steps
and precautions to perform the Work to County’s satisfaction. Contractor shall be responsible
for the professional quality, technical assurance, timely completion and coordination of all
documentation and other goods/services furnished by the Contractor under this Contract.
Contractor shall perform all Work diligently, carefully, and in a good and workman-like manner;
shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; shall at its sole expense obtain and maintain all permits and licenses required by public
authorities, including those of County required in its governmental capacity, in connection with
performance of the Work; and, if permitted to subcontract, shall be fully responsible for all Work
performed by subcontractors.
59. Insurance Provisions: Prior to the provision of services under this Contract, CONTRACTOR
agrees to purchase all required insurance at CONTRACTOR’s expense, including all
endorsements required herein, necessary to satisfy OWNER that the insurance provisions of this
Contract have been complied with. CONTRACTOR agrees to keep such insurance coverage,
Certificates of Insurance, and endorsements on deposit with OWNER during the entire term of
this Contract. In addition, all Subcontractors performing work on behalf of CONTRACTOR
pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set
forth herein for CONTRACTOR. OWNER reserves the right to request the declarations pages
showing all endorsements and a complete certified copy of the policy. All Subcontractors
performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance
subject to the same terms and conditions as set forth herein for CONTRACTOR.
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. . Any
self-insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall
specifically be approved by the County’s Risk Manager, or designee, upon review of
Contractor’s current audited financial report. If Contractor’s SIR is approved, Contractor, in
addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to
all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all
liability, claim, demand or suit resulting from Contractor’s, its agents, employee’s or
subcontractor’s performance of this Contract, Contractor shall defend the County at its sole cost
and expense with counsel approved by Board of Supervisors against same; and
2) Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty to
indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to
which the duty to defend stated above applies, and the Contractor’s SIR provision shall be
interpreted as though the Contractor was an insurer and the County was the insured.
Upon notice of any actual or alleged claim or loss arising out of subcontractor’s work hereunder,
subcontractor shall immediately satisfy in full the SIR provisions of the policy in order to trigger
coverage for the Contractor and Additional Insureds.
If CONTRACTOR fails to maintain insurance acceptable to OWNER for the full term of this
Contract, the County may terminate the contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A-
(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most
current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).
It is preferred, but not mandatory, that the insurer be licensed to do business in the state of
California (California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum
limits and coverage as set forth below:
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
County expressly retains the right to require Contractor to increase or decrease insurance of any
of the above insurance types throughout the term of this Contract. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect County.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements
of this Contract, nor in any way to reduce the policy coverage and limits available from the
insurer.
60. Bonds: The Contractor shall furnish, at time of signing the Contract, one surety bond which
shall protect the laborers and material men and shall be for $500,000, in accordance with Section
9554 of the Civil Code, and one surety bond in the amount of $500,000, guaranteeing the faithful
performance of the Contract. If at any time the value of the total task orders is expected to
exceed $500,000, the Contractor shall furnish, in a manner acceptable to the County, evidence
that the Contractor is bonded to the expected total value of outstanding task orders for both the
faithful performance and laborers and material men bonds. Contractor shall not be entitled to,
nor shall County authorize, task orders when the total outstanding value of the task orders under
this contract exceeds the bond values for which the County is an obligee. Said bonds to be
approved by the office of the County Counsel and the County Executive Office of Orange
County. Such bonds shall be the forms provided in these specifications and issued and executed
by an admitted surety insurer (authorized to transact surety insurance in California). (e.g., if the
bonds are issued through a surplus line broker, both the surplus line broker and the insurer with
whom he is doing business for purposes of this project must be licensed in California to issue
such bonds.)
The faithful performance bond shall be issued by a Surety company with a minimum insurance
rating of A- (Secure Best’s Rating) and VIII (Financial Size Category) as determined by the
most current edition of the Best’s Key Rating Guide/Property-Casualty/United States or
ambest.com. The Surety Company must also be authorized to write in California by the
Department of the Treasury, and must be listed on the most current edition of the Department of
Treasury’s Listing of Approved Securities.
If any surety upon any bond furnished in connection with this Contract becomes unacceptable to
the County, or if any such surety fails to furnish reports as to his financial condition from time to
time as requested by OC Public Works, the Contractor shall promptly furnish such additional
security as may be required by OC Public Works or the Board of Supervisors from time to time
to protect the interests of the County and of persons supplying labor or materials in the
prosecution of the Work contemplated by this Contract.
If the County increases the total Contract amount the Contractor is to provide a new bond for the
new total Contract amount or a bond for the difference.
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Harry H. Joh Construction, Inc.
61. Charges, Fines, Penalties and Assessments: Contractor shall be responsible for any and all
charges, fines, penalties, and/or assessments levied against the County by any governmental
entity, administrative or regulatory agency having jurisdiction, resulting from any action or
omission of the Contractor, Contractor's subcontractor, suppliers, and/or employees, unless due
to the sole and active negligence of the County. County is authorized to deduct any such charge,
fine penalty, or assessment from any payment County is otherwise required to make to
Contractor.
If any such charge, fine, penalty, or assessment is levied against the County subsequent to the
completion of the Contract as a result of any action or omission as set forth above, Contractor
shall nevertheless be responsible to the County for the entire sum of such charge, fine, penalty,
or assessment and agrees to pay the full amount due within sixty (60) calendar days of receiving
an invoice from the County.
Contractor shall be liable to the County for attorney's fees and costs incurred by the County in
enforcing the provisions of this paragraph.
62. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and
equipment used in performance of the Work. Contractor shall not permit any lien or charge to
attach to the Work or the premises, but if any does so attach, Contractor shall promptly procure
its release and, in accordance with the requirements of Article 22 above, indemnify, defend, and
hold County harmless and be responsible for payment of all costs, damages, penalties and
expenses related to or arising from or related thereto.
63. Changes: The County may, at any time, by written order, and without notice to the sureties,
make changes in accordance with the terms and conditions of this Contract.
64. Change of Ownership: Contractor agrees that if there is a change or transfer in ownership of
Contractor’s business prior to completion of this Contract, the new owners shall be required
under terms of sale or other transfer to assume Contractor’s duties and obligations contained in
this Contract and complete them to the satisfaction of County.
65. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this
Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond
its reasonable control, provided Contractor gives written notice of the cause of the delay to
County within 36 hours of the start of the delay and Contractor avails himself of any available
remedies.
66. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County and
County-related records and information pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this Contract. All such
records and information shall be considered confidential and kept confidential by Contractor and
Contractor’s staff, agents and employees.
67. Compliance with Laws: Contractor represents and warrants that services to be provided under
this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes,
restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not
limited to those issued by County in its governmental capacity and all other laws applicable to
the services at the time services are provided to and accepted by County. Contractor
acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to
the requirements of Article 22 above, Contractor agrees that it shall defend, indemnify and hold
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County and County Indemnitees harmless from all liability, damages, costs and expenses arising
from or related to a violation of such laws.
68. Pricing: The Contract price, as more fully set forth in Attachment B, shall include full
compensation for providing all required goods in accordance with required specifications, or
services as specified herein or when applicable, in the Scope of Work attached to this Contract,
and no additional compensation will be allowed therefore, unless otherwise provided for in this
Contract.
69. Intentionally left blank.
70. Terms and Conditions: Contractor acknowledges that it has read and agrees to all terms and
conditions included in this Contract.
71. Headings: The various headings and numbers herein, the grouping of provisions of this
Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of
convenience only and shall not limit or otherwise affect the meaning hereof.
72. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
73. Calendar Days: Any reference to the word “day” or “days” herein shall mean calendar day or
calendar days, respectively, unless otherwise expressly provided.
74. Attorneys Fees: In any action or proceeding to enforce or interpret any provision of this
Contract, or where any provision hereof is validly asserted as a defense, each Party shall bear its
own attorney’s fees, costs and expenses.
75. Authority: The Parties to this Contract represent and warrant that this Contract has been duly
authorized and executed and constitutes the legally binding obligation of their respective
organization or entity, enforceable in accordance with its terms.
76. Employee Eligibility Verification: The Contractor warrants that it fully complies with all
Federal and State statutes and regulations regarding the employment of aliens and others and that
all its employees performing Work under this Contract meet the citizenship or alien status
requirement set forth in Federal statues and regulations. The Contractor shall obtain, from all
employees performing Work hereunder, all verification and other documentation of employment
eligibility status required by Federal or State statutes and regulations including, but not limited
to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently
exist and as they may be hereafter amended. The Contractor shall retain all such documentation
for all covered employees for the period prescribed by the law. The Contractor shall indemnify,
defend with counsel approved in writing by County, and hold harmless, the County, its agents,
officers, and employees from employer sanctions and any other liability which may be assessed
against the Contractor or the County or both in connection with any alleged violation of any
Federal or State statutes or regulations pertaining to the eligibility for employment of any
persons performing Work under this Contract.
77. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold 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 (“County Indemnitees”) harmless from any claims, demands or liability of any kind or
nature, including but not limited to personal injury or property damage, arising from or related to
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the services, products or other performance provided by Contractor pursuant to this Contract. If
judgment is entered against Contractor and County by a court of competent jurisdiction because
of the concurrent active negligence of County or County Indemnitees, Contractor and County
agree that liability will be apportioned as determined by the court. Neither Party shall request a
jury apportionment. Notwithstanding anything stated above, nothing contained herein shall
relieve Contractor of any insurance requirements of obligations created elsewhere in this
Contract.
78. Waiver of Claims: Unless a shorter time is specified elsewhere in this Contract, on or before
making his final request for payment, Contractor shall submit to County, in writing, all claims
for compensation under or arising out of this Contract; the acceptance by Contractor of the final
payment shall constitute a waiver of all claims against County under or arising out of this
Contract except those previously made in writing and identified by Contractor as unsettled at the
time of his final request for payment.
79. Cultural/Scientific Resource Finds: If the Contractor's operations uncover or Contractor’s
employees find any burial grounds or remains, ceremonial objects, petroglyphs, and
archaeological or paleontological or other artifacts of like nature within the construction area,
Contractor shall immediately notify the County of Contractor’s findings and shall modify
construction operations so as not to disturb the findings pending receipt of notification as to
determination of the final disposition of such finding from the County. Should the findings, or
notification as to disposition of findings, require additional work, a Job Order will be issued at
the County’s discretion.
Any findings of a cultural/scientific resource nature shall remain the property of the County and
not become the property of the person or persons making the discovery.
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Harry H. Joh Construction, Inc.
IN WITNESS WHEREOF, the PARTIES hereto have executed this CONTRACT on the
dates opposite their respective signatures:
HARRY H. JOH CONSTRUCTION, INC.,
a California Corporation
Date: ___________ By___________________________________
Signature
___________________________________
Print Name & Title
(If a corporation, the document must be signed by two corporate officers. The 1st must be either
Chairman of the Board, President or any Vice President.)
Date: ___________ By____________________________________
Signature
____________________________________
Print Name & Title
(If a corporation, the 2nd signature must be either the Secretary, an Assistant Secretary, the
Chief Financial Officer, or any Assistant Treasurer.)
COUNTY OF ORANGE,
a political subdivision of the State of California
Print
Name________________________________
Title ________________________________
APPROVED AS TO FORM
Office of the County Counsel
Orange County, California
By:________________________
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ATTACHMENT A
SCOPE OF WORK
I. SCOPE OF WORK: Contractor shall provide all labor, materials, tools, equipment, utilities, vehicles,
and transportation services required to provide HVAC Services under this Contract. Services may be
provided, but may not be limited to, any facility or property which is owned, operated, or maintained
by the County. HVAC Services shall be provided in accordance with the following, which are
incorporated herein by this reference.
A. Construction Task Catalog® & Technical Specifications Titled: Job Order Contracting; Dated
October 2017 (to be distributed at Pre-Bid Meeting).
B. All other requirements identified specifically in A Job Order Detailed Scope of Work, which
include but not limited to drawings, additional specifications, as-built records, sketches, written
scope narratives, standard specification from other local, state and federal agencies.
C. California Building Code and other codes, ordinances, rules, regulations, orders and legal
requirements of Agency Having Jurisdiction which bear on the performance of the work.
D. Secured Facilities: The Contractor may be required to have their employees, subcontractors
and/or suppliers submit applications and complete security clearances prior to commencing any
work in a secured County facility. Contractor employees, subcontractors and/or suppliers will be
required to submit to fingerprinting and personal background checks as part of the security
clearance process.
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and participate in a joint scope meeting, which will include discussion and establishment of the
following:
Detailed Scope of Work
Definition and refinement of requirements
Existing site conditions
Methods and alternatives for accomplishing Work
Requirements for plans, sketches, shop drawing(s), submittals, etc.
Tentative duration Work schedule
Preliminary quantity assumptions/estimates
Staging areas and site access
Special conditions regarding unique facility operations
Safety requirements
Hazardous Materials or site conditions
Other project requirements
As part of the required Joint Scope Meeting, the Contractor and the County will agree on a
sequence of Work; means of access to the premises and building; space for storage of materials
and equipment; Work and materials and use of approaches; use of corridors, stairways, elevators,
and means of communications and the location of partitions, eating spaces, and restrooms for the
Contractor, for individual Job Orders. The Contractor agrees to be responsible for taking these
factors into account when developing its Quotation.
The Detailed Scope of Work will be completed by the Contractor and submitted to the County
for approval, prior to issuance of a Request for Quote. This Detailed Scope of Work must be
submitted within forty-eight (48) hours or a mutually agreed upon time of the joint scope
meeting. If consultant services are required to clarify project requirements, they will be
completed and submitted with the Scope of Work for County approval before a Request for
Quote will be issued.
Unless waived in writing, the Contractor agrees to provide all documentation required to fully
establish the Scope of Work including, but not limited to, shop drawings, sketches and/or
specifications that comply with the Contract specifications and relate to the proposed project.
This documentation will be provided for the purpose of defining scope, obtaining permits, and
assisting the County in determining the best possible solution for repair and refurbishment
issues. If the County requests a change in the proposed Scope of Work, the Contractor agrees to
submit a revised Scope of Work reflecting all requested changes within forty-eight (48) hours.
C. Quote Development
The Contractor Quote agrees to be comprised of the following elements:
1. Detailed Cost Quote
a. Pre-Priced Work requirements: Pre-Priced Work requirements will identify the type
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and number of Work tasks required from the CTC. The price per unit set forth in the
CTC shall serve as the base price for the purpose of the operation of this article. The
Contractor’s Quote shall include support documentation to indicate that adequate
engineering and planning for the requirement has been done, and that the Work tasks
proposed are reasonable for the Scope of Work. Documentation to be submitted
with the Quote shall include, but not be limited to, shop drawings, calculations,
Catalog® cuts, and specifications.
b. The total extended price for Pre-Priced Work requirements will be determined by
multiplying the price per unit by the quantity required. The price offered in the
Quote will be determined by multiplying the total extended price by the appropriate
Adjustment Factor.
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If the Non Pre-Priced Task is to be subcontracted, the Contractor must submit three
(3) independent quotes for the Work.
D= Lowest of three (3) Subcontractor quotes.
4. Submittals
All documents, shop drawings, and “As-Built” drawings shall be prepared such that the
drawings meet all the requirements of Local, State, and Federal regulations, codes and
directives. The Contractor agrees to also provide as necessary, the forms, studies, and
other documentation required by applicable codes and agencies.
The Contractor agrees to ensure that all engineering solutions conform strictly to the
guides and criteria outlined in Contract specifications. In case of uncertainty of detail or
procedure, the Contractor agrees to request additional instruction from the County. The
Contractor is responsible for producing complete, competent, properly coordinated, and
thoroughly checked documents.
At the Contractor’s expense, as part of their Adjustment Factors, the documentation noted
above, shall be prepared and reviewed as necessary to ensure its compliance with all
applicable laws and regulations.
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schedule indicates phasing of Work activities as required. The schedule provides the
Contractor’s initial plan for the Work based on its understanding of the Detailed Scope of
Work, with the critical path highlighted.
a. Schedule Approval; all project schedules will be subject to the County’s review and
approval. The use of any particular scheduling system shall be subject to the
approval of the County.
b. Schedule Updates; the Contractor agrees to maintain the Work duration schedule
updates on an ongoing basis and, when the County requests it, include the updates in
its payment request. The Contractor may be required to submit a narrative report
with each monthly update which shall include a description of current and
anticipated problem areas, delaying factors and their impact, and an explanation of
corrective action taken or proposed. Failure to do so may be considered a material
breach of the Contract. Any additional or unanticipated costs or expense required to
maintain the schedules shall be solely the Contractor’s obligation and Contractor
agrees not to charge the County.
c. Adjustment of the Work duration schedule; the Contractor agrees that whenever it
becomes apparent to the County, from the current monthly status review meeting or
the schedule, that phasing or Job Order milestone dates will not be met, it will take
some or all of the following actions at no additional cost to the County.
1. Increase construction manpower in such quantities and crafts as will eliminate
the backlog of Work.
2. Increase the number of working hours per shift, shifts per working day.
3. Reschedule the Work under the Job Order in conformance with all other
requirements. The Contractor agrees to be liable for any additional cost
incurred by the County for the adjustment of project schedules.
4. Prior to proceeding with any of the above actions, the Contractor agrees to
notify and obtain approval from the County’s Project Manager for the
proposed schedule changes. If such actions are approved, the Contractor
agrees to incorporate the revisions into the schedule.
6. Subcontractor’s List
The Quote represents the Contractor’s offer to do Work, and as such, in accordance with
Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of California,
the Contractor agrees to list, on the Subcontractor listing report, the name, business
location and the California Contractor License number of each Subcontractor that will
perform Work, labor or render service on the Work in excess of one-half of one percent
(1/2%) of the total Quote amount. Contractors and Subcontractor which have been
debarred from public works projects by the Labor Commissioner may not perform Work
under this Contract. The Contractor agrees to list project percentage of proposed
Subcontractor and percentage of the project to be self-performed.
Contractor agrees to advise the County of any Subcontractor substitution(s) prior to
commencement of subcontract Work and to only substitute Subcontractor as authorized
under Public Contract Code sections 4100 et seq. Contractor may be subject to penalties
in accordance to the above referenced sections for illegal Subcontractor substitution.
7. Electronic Quote
The Contractor agrees to transmit an electronic copy of the Quote, using the County
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meetings within twenty-four (24) hours of being notified by the County (via fax, e-mail,
telephone, etc). After review of the Quote, the Contractor agrees to remove all
inapplicable line items and adjust quantities as directed by the County.
3. Quote Modification
The Contractor will be granted only one opportunity to add new, valid line items that may
have been omitted from its first Quote by submitting a second, revised Quote. The
Contractor agrees to submit the revised Quote within forty-eight (48) hours of the initial
Quote review meeting, unless otherwise specified in writing. Upon review of the revised
Quote, the Contractor agrees to remove all line items or adjust quantities deemed
inappropriate by the County, and re-submit its Quote within twenty-four (24) hours. No
new line items may be added to the revised Quote, nor may quantities be increased, nor
modifiers added unless specifically agreed to in writing by the County’s subsequent Quote
review.
4. Enforcement of Time Requirements
The Quote time requirements contained herein will be strictly enforced. Failure to comply
may result in the Contractor being deemed non-responsive to the Request for Quote. The
County may cancel the Request for Quote from the Contractor and solicit another
Contractor. The County may also deem the Contractor ineligible for any future JOC
contracts.
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Completion date. The Contractor agrees to begin and complete construction within the dates
specified on the NTP. The County must approve all extensions of time in writing.
The County may also issue an Emergency Notice to Proceed (NTP). In the event the County
requires the Contractor to respond to an immediate request for work, a Job Order will be created
and an Emergency NTP will be issued. The Contractor will be required to perform the Scope of
Work included with the Emergency NTP as directed by the County’s Project Manager or
designee. The Detailed Scope of Work, Quotation, Subcontractor Listing, Shop Drawings and
required Non Pre-priced backup documentation will be submitted upon completion of the
emergency work in accordance with the Ordering Procedures detailed in Section III above.
C. Pre-Construction Meeting
No more than seven (7) days from the issuance of the NTP, unless the County grants additional
time, the County will conduct a pre-construction meeting with the Contractor’s project manager,
Subcontractors, and the end-user to determine the actual project schedule, project access
requirements and to address and resolve any customer concerns.
D. Project Construction
The Contractor agrees to provide continuous on-site supervision on each Job Order, while
progress on the project is being accomplished. The Contractor’s Project Manager will ensure:
1. Coordination and providing supervision to all Subcontractor and workers;
2. Posting of the prevailing wage scale;
3. Maintaining a copy of the Contractors safety program manual made available to all
construction personnel;
4. Conducting weekly on-site safety meetings;
5. Completing the daily labor and construction progress log on a daily basis and submit
copies to the County on a daily basis. Copies of the previous day’s reports must be
submitted by 9:00AM of the following day.
a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by
trade providing services for the day.
b. Construction progress log is to include a narrative of the Work provided by trade(s).
Narrative agrees to include the various areas of the jobsite where Work was
performed and any problems or conditions that were encountered.
c. In the event the Contractor fails to provide a daily log and/or construction progress
log, the County may impose damages against the Contractor in the amount of fifty
dollars ($50.00) for each log and deduct from the Contractor’s payment request, for
each day the Contractor does not provide the documentation.
6. County may suspend Contractor operations if no Contractor Superintendent is observed.
All delays caused by the suspension will be the responsibility of the Contractor. No time
extension or claims for cost(s) associated with the suspension will be granted by the
County.
E. Changed Work
Changed Work (all added or deleted Work), as it pertains to the approved Detailed Scope of
Work included in a specific Job Order, shall be either changes directed by the County or
unforeseen site conditions, which were not evident during the Initial Joint Scope Meeting. This
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additional Work will be considered a subsequent Job Order, for that specific project, and will be
ordered, approved and executed as per the procedures set forth in this Contract.
A credit for Tasks that have been deleted from the Detailed Scope of Work will be given at
100% of the value at which they were included in the original Quote. Credits for Pre-Priced and
Non Pre-Priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the
appropriate Adjustment Factors. A Supplemental Job Order will be issued detailing the credit(s)
due the County.
F. Project Completion
The Contractor agrees to schedule a final job walk with the County. If required, the County will
prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the
“Punch List” corrections and schedule a final project completion job walk. The County will sign
the “Punch List” as completed when determined, the project is finished. The Contractor agrees
to submit the following along with its final payment request:
1. “Punch List” signed by the County;
2. Completed building inspection card;
3. All required warranties and maintenance requirements;
4. All record drawings or as-built drawings,
5. All required operation and maintenance manuals;
6. All keys and security entry cards;
7. Any other closeout items.
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B. The Contractor will be required to obtain a city business license to perform the Work in the
appropriate city, as specific in the Job Order.
C. To comply with Section 3800 of the Labor Code of the State of California, the Contractor and all
Subcontractors requiring a permit (building, plumbing, grading, and electrical, etc.) agree to file
a workers' compensation certificate with the County.
D. Exclusive of off-site inspection specified to be the County's responsibility, the Contractor agrees
to arrange and pay for all off-site inspection of the Work including certification thereof required
by the specifications, drawings, or by governing authorities.
E. The County will provide on-site inspection of the Work and will arrange for off-site inspection
when specified in the Detailed Scope of Work. All other required inspections will be the
responsibility of the Contractor.
F. The County will inspect the Work for code compliance as part of permits pulled. The County
will provide this inspection at no additional cost for the first inspection and for re-inspection. If
the Contractor is unable to correct defective Work after one re-inspection, the County may
charge the Contractor for additional re-inspection.
G. In addition to any other warranties in this Contract, or those provided by manufactures the
Contractor warrants that Work performed under this Contract conforms to the Contract
requirements and is free of any defect in equipment, material, or workmanship performed by the
Contractor or any Subcontractor or supplier at any tier.
H. Corrections to Work may be required during the Work or the warranty period. The County is
expressly authorized at County's option to apply any sums withheld from progress payments
toward the cost of such corrections.
I. This warranty shall continue for a period of one year from the date listed on the Notice of
Completion for the specific Job Order. If the County takes occupancy of any part of the Work
before Final Acceptance, a warranty covering that specific portion of the Work shall begin for a
period of one year from the date the County takes occupancy. The County will notify the
Contractor in writing of the scope of any partial occupancy and the specific items under
warranty.
J. The County will not pay any costs for licenses required in the performance of the Work. The
Contractor agrees to assume this responsibility in total.
K. As required by the Detailed Scope of Work for a specific Job Order, the County may be required
to enter into Contracts with other Local, State and Federal Agencies to accomplish the subject
Scope of Work. Agencies may include but are not limited California Department of Fish and
Game, US. Army Corps of Engineers, California Regional Water Quality Control Board. The
Contractor will be required to comply with the requirements set forth within the permit.
L. Best Management Practices (BMPs) may be required for specific Job Orders, which will be
indentified in the Detailed Scope of Work. All California Storm Water Quality Association
(CASQA) Construction BMPs may be viewed at www.cabmphandbooks.com. It is the
Contractors responsibility to pay for all costs incurred by the specific BMPs. The County will
not reimburse these costs.
M. As required by the Detailed Scope of Work, per a specific Job Order the following permits may
apply and will be provided by the County:
1. NPDES Dewatering Permit
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
C019413 Page 41 of 52
DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
Registration Documents) to the County Project Manager. If any of the required items are
missing, the PRD submittal is considered incomplete and will be rejected. Upon receipt
and acceptance of a complete PRD submittal, the County Project Manager will
electronically submit these documents to State Water Board through the California
Integrated Water Quality System (CIWQS) Project’s Storm water Multi-Application
Reporting and Tracking (SMART) system to obtain coverage under the General Permit.
3. Standard PRD Requirements
1. Notice of Intent
2. Risk Assessment (Standard or Site-Specific)
3. Site Map
4. SWPPP
5. Annual Fee
6. Signed Certification Statement
4. Additional Permit Registration Document (PRD) Requirements Related To Construction
Type
1. If Contractor proposes to implement an Active Treatment System (ATS) on a
Specific Job Order, Contractor shall submit:
i. Complete ATS Plan in accordance with Attachment F of the CGP at least 14
days prior to the planned operation of the ATS and a paper copy shall be
available onsite during ATS operation.
ii. Certification proof that the preparation and design was accomplished by a
qualified professional in accordance with Attachment F of the CGP.
2. Dischargers who are proposing an alternate Risk Justification shall submit:
i. Particle Size Analysis.
5. Exception to Standard PRD Requirements
1. Construction sites with less than one (1) acre of disturbance or an R value less than
five (5) as determined in the CGP Risk Assessment from the Revised Universal Soil
Loss Equation (RUSLE) are not required to submit a SWPPP.
6. Description of PRDs
1. Notice of Intent (NOI) or Notice of Construction Activity (NOCA)
The Notice of Intent or Notice of Construction Activity must be filled out
electronically on-line through the State’s SMART System. Contractor shall
coordinate with the County Project Manager to provide the required information to
fill out the NOI on-line form. Upon receipt of all required information (including all
items required below), County staff will electronically submit the Project
information through the SMART system.
2. Site Map(s) Includes
i. The project’s surrounding area (vicinity)
ii. Site layout
iii. Construction site boundaries
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
C019413 Page 43 of 52
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
construction operations and total disturbed areas. Contractor shall submit permit
fees to the County Project Manager for verification, and County will submit the fee
to the Regional Board.
5. A Signed Certification Statement must be submitted by the Legally Responsible
Party (LRP). The County Project Manager will coordinate with the Contractor to
acquire relevant information for the certification. The County will submit the
certification statement.
6. Risk Assessment
The Contractor shall use the Risk Assessment procedure as describe in the CGP
Appendix 1.
i. The Standard Risk Assessment includes utilization of the following:
1) Receiving water Assessment Interactive map
2) EPA Rainfall Erosivity Factor Calculator Website
3) Sediment Risk interactive map
4) Sediment sensitive water bodies list
ii. The site-specific Risk Assessment includes the completion of the hand
calculated R value Risk Calculator in the Revised Universal Soil Loss
Equation (RUSLE).
7. Post Construction Water Balanced Calculator (if applicable)
The Contractor shall complete the Water Balance Calculator (in Appendix 2 of the
General Permit) in accordance with the instructions when subject to this
requirement. (Note to Engineer: This paragraph will only apply when DISTRICT
or the County does not have a current MS4 (Municipal) permit in place.)
8. ATS Design Document and Certification
The Contractor using ATS must submit electronically their system design (as well as
any supporting documentation) and proof that the system was designed by a
qualified ATS design professional (See Attachment F of the General Permit).
P. Best Management Practices (PMF9.2S)
Contractor and all of Contractor’s, subcontractors, agents, employees and contractors shall
conduct operations under this Contract so as to assure that pollutants do not enter municipal
storm drain systems which systems are comprised of, but are not limited to curbs and gutters that
are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do
not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not
limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).
Contractor shall comply with all water quality ordinances, permits and regulations. If Work
identified under a Specific Job Order does not fall within statewide Painting Permit, Contactor
shall implement appropriate BMPs consistent with County’s DAMP/LIP.
Contractor may propose alternative BMPs that meet or exceed the pollution prevention
performance of the BMP specified in DAMP/LIP. Any such alternative BMPs shall be
submitted to the County Project Manager for review and approval prior to implementation.
C019413 Page 44 of 52
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
C019413 Page 45 of 52
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093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
engine shall be operated on the project without said muffler. The noise level from the
Contractor's operations between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday,
or at any time on Sunday or a Federal holiday, shall be in accordance with the County ordinance
covering "Noise Control." This requirement in no way relieves the Contractor of responsibility
for complying with local ordinances regulating noise level. Said noise level requirement shall
apply to all equipment on the job or related to the job, including but not limited to trucks, transit
mixers or transient equipment that may or may not be owned by the Contractor. The use of loud
sound signals shall be avoided in favor of light warnings, except those required by safety laws
for the protection of personnel.
O. Construction Area: Contractor shall protect property and facilities adjacent to the construction
area and all property and facilities within the construction area which are shown on the plans are
to be protected. After project completion, the construction area shall be in a clean and
presentable condition. All public or privately owned improvements and facilities shall be
restored to their original condition and location. If improvements or facilities are damaged, they
shall be replaced with new materials which are at least equal to the original materials. Nothing
herein shall be construed to entitle the Contractor to the exclusive use of any public street, way,
or parking area during performance of the Work. Contractor shall conduct its operations so as
not to interfere with the authorized Work of utility companies or other agencies in such streets,
ways or parking areas. The Contractor shall be responsible for investigating conditions of
available public and private roads and of clearances, restrictions and other limitations affecting
transportation and ingress and egress to the site of the Work. Use of equipment will be
minimized during any Stage II or Stage III smog alerts. All equipment will meet emissions
standards. Dust Control is required at all times. All proper public safety measures are to be used
during construction, including barriers, flagmen and signing. Equipment must conform to all
applicable noise regulations.
P. Contractor shall, whenever possible, minimize the use of water during project construction.
Watering equipment shall be kept in good working order. Water leaks shall be repaired
promptly. Washing of equipment, except when necessary for the safety or for the protection of
equipment, shall be discouraged. Water curing of concrete improvements as specified in Section
303-1.10, "Curing" of the Standard Specifications for Public Works Construction, shall not be
allowed unless specifically permitted by these Special Provisions or directed by the Project
Manager. Nothing in this section, "Water Conservation," shall be construed as relieving the
Contractor of furnishing sufficient water as required for the proper construction of this project in
accordance with the Standard Specifications for Public Works Construction and these Special
Provisions.
Q. Contractor shall anticipate that storm, surface and possible ground or other waters will be
encountered at various times and locations during the Work. Such waters may interfere with
Contractor's operations and may cause damage to adjacent or down-stream private and/or public
property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the
Contractor. The Contractor, by submitting a bid, assumes all of said risk and the Contractor
acknowledges that its bid was prepared accordingly.
The Contractor shall conduct its operations in such a manner that storm or other waters may
proceed without diversion or obstruction along existing street and drainage courses. Drainage of
water from existing or proposed catch basins shall be maintained at all times. Diversion of water
for short reaches in order to protect construction in progress will be permitted if public or private
properties are not damaged or, in the opinion of the Project Manager, are not subject to the
probability of damage. Contractor shall at no cost to County obtain written permission from the
appropriate public agency or property owner before any diversion of water will be permitted by
the Project Manager.
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
During the course of water control the Contractor shall conduct construction operations to
protect waters from being polluted with fuels, oils, bitumens or other harmful materials, and
shall be responsible for removing said materials in the event protective measures are not
effective.
Construction site shall be maintained in such a condition that an anticipated storm does not carry
wastes or pollutants off site.
Discharges of material other than stormwater are allowed only when necessary for performance
and completion of construction practices and where they do not: cause or contribute to a
violation of any water quality standard; cause or threaten to cause pollution, contamination, or
nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40
CFR Parts 117 and 302, or any other law or applicable regulation.
Potential pollutants include but are not limited to: vehicle/equipment fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; vehicle/equipment wash water and concrete mix wash water;
concrete, detergent or floatable wastes; wastes from any engine/equipment steam cleaning or
chemical degreasing; solid or liquid chemical spills; wastes from sealants, limes, and solvents;
and superchlorinated potable water line flushings.
During construction, disposal of such materials should occur in a specified and controlled
temporary area on-site, physically separated from potential storm water run-off, with ultimate
disposal in accordance with local, state, and federal requirements.
Notwithstanding the above, management of stormwater shall be done with all applicable statutes,
ordinances, permits, regulations and provisions of this Contract governing stormwater.
The County may, at any time, by written stop Work order to the Contractor, require the Contractor to
stop all or any part of the Work, as per a specific Job Order, for a period of 90 days after the stop Work
order is delivered to the Contractor and for any further period to which the Parties may agree. The stop
Work order shall be specifically identified as such and shall indicate it is issued under this clause.
Upon receipt of the stop Work order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the Work covered by the stop
Work order during the period of Work stoppage. Within a period of 90 days after a stop Work order is
delivered to the Contractor or within any extension of that period to which the Parties shall have
agreed, the County shall either:
A. Cancel the stop Work order; or
B. Cancel the Job Order immediately in whole or in part in writing as soon as feasible.
The COUNTY selected The Gordian Group’s (Consultant) Job Order Contracting
C019413 Page 47 of 52
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
(“JOC”) Solution (Gordian JOC Solution) for their JOC program. The Gordian JOC
Solution includes Consultant’s proprietary eGordian® JOC application (JOC
Applications) and construction cost data (Construction Task Catalog®), which shall
be used by the CONTRACTOR to prepare and submit Price Proposals,
subcontractor lists, and other requirements specified by the COUNTY.
C019413 Page 48 of 52
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Attachment
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093CE3A1-C1AC-48D3-881F-401D999DA288
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DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
ATTACHMENT B
CONTRACTOR’S PRICING
I. COMPENSATION: This is an all-inclusive, usage Contract between the County and Contractor for
HVAC Services, as set forth in Attachment “A” Scope of Work.
The Contractor agrees to accept the specified compensation as set forth in this Contract as full
remuneration for performing all services and furnishing all staffing, labor, insurance, bonds. prevailing
wage, vehicles, equipment, tools, materials, overhead, travel, etc. required, for any reasonably
unforeseen difficulties which may arise or be encountered in the execution of the services until
acceptance, for risks connected with the services, and for performance by the Contractor of all its
duties and obligations hereunder. The Contractor shall only be compensated as set forth herein below
for work performed in accordance with the Scope of Work. The County shall have no obligation to pay
any sum in excess of the Total Contract Amount specified herein below unless authorized by
amendment.
II. FEES AND CHARGES: County will pay the following in accordance with the provisions of this
Contract.
A. Adjustment Factors: The Contractor’s two Adjustment Factors that will be applied against the
prices set forth in the Contract Task Catalog®. These Adjustment Factors will be used to price
out fixed price Job Orders by multiplying the appropriate Adjustment Factor by the Unit Prices
and appropriate quantities.
i. FACTOR 1 - Unit Work requirements to be performed during Normal Working Hours
(7:00AM to 5:00PM) as ordered by the County in individual Job Orders against this
Contract.
0.8900
Normal Working Hours
ii. FACTOR 2 - Unit Work requirements to be performed during Other Than Normal
Working Hours (5:01PM to 6:59AM) as ordered by the County in individual Job Orders
against this Contract.
0.8902
Other Than Normal Working Hours
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
III. PRICE INCREASES/DECREASES: No increases to the Adjustment Factors or to any line items in the
Construction Task Catalog® will be permitted during the term of this Contract.
IV. CONTRACTOR’S EXPENSE: The Contractor will be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance of
Work and services under this Contract.
V. PAYMENTS TERMS:
A. The County shall make payments upon the agreed upon price for a specific Job Order as listed in
the Notice to Proceed. The County will make progress payments monthly as the Work proceeds
on estimates approved by County Project Manager. The Contractor shall furnish a breakdown of
the total Contract price showing the amount included therein for each principal category of the
Work, to provide a basis for determining progress payments. The County will only pay for
actual Work in place.
B. Lump sum payment - if an individual Job Order is scheduled for Completion within 45 days or
less, the County will make one payment after 30 days of Work to the Contractor, exclusive of
retention. Contractor may request for one payment (including retention payment); however,
payment will be made after Final Acceptance of the Job Order.
C. Partial payment – the County will consider a request for partial payments for Job Orders
scheduled for a performance period of greater than 45 days.
D. Retention - When payments are made under this Contract, five percent (5%) of each requested
and approved payment will be retained. The retention will be released upon Final Acceptance of
the Work, and the County’s approval on the final payment request. A Notice of Completion for
each individual Job Order must be filed. Final payment is to be made 35 days subsequent to the
filing of the Notice of Completion.
E. Retention Release - The County’s release of the retention does not relieve the Contractor of its
responsibility to comply with both the proposed Scope of Work and the terms and conditions of
the Job Order and Contract for completed and warranty Work. The Contractor agrees that a
condition precedent to the County’s release of the five percent (5%) retention amount is in full
compliance with this provision herein. The Contractor must submit a completed invoice to the
County for approval. The Contractor agrees that the signature on the invoice certifies that it has
completed or submitted the following:
1. All warranties and maintenance requirements; and
C019413 Page 50 of 52
DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
C. The Contractor agrees that it is submitting a request for payment within one year of the
Completion of the project for which it is billing. If the Contractor does not submit a request for
payment within one year of the Completion of the project for which it is billing, it herein agrees to
forfeit that payment.
D. If the Contractor’s invoice is not approved, the County will issue a “Return of Invoice for
Correction” letter advising the Contractor of missing deliverables and/or information requiring
C019413 Page 51 of 52
DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
correction. After making the appropriate corrections, the Contractor agrees to submit a second, or
corrected, invoice.
E. The Contractor agrees that even though the County has approved payment, the County retains the
right to further inspect the Work and issue correction notices.
F. After the first payment and before making any other payment to the Contractor, the County will
require that the Contractor produce and deliver to the County satisfactory proof or evidence that all
labor performed and materials furnished up to the date of the preceding payment request have been
fully paid for, and that as of the said date, no claims exist if that is the case. This partial release of
claim must be executed with the same formality as this Contract.
G. Upon receipt of a stop notice, the County will withhold from the Contractor an amount of money
sufficient to cover the potential cost of the stop notice and the reasonable cost of any associated
litigation. In order to satisfy the requirements of a stop notice, the County will refuse to release
funds held in retention.
H. The Contractor will provide an invoice on Contractor’s letterhead for services rendered. Each
invoice will have a number and will include the following information:
1. Contractor’s name and address
2. Contractor’s remittance address (if different from 1 above)
3. Name of County department
4. County Contract number
5. Service date(s)
6. Service description
7. Contractor’s Federal I. D. number
8. Updated duration schedule
9. An updated schedule of values
10. Releases
11. Total
I. Contractor has the option of receiving payment directly to their bank account via an Electronic
Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive
Electronic Remittance Advice with the payment details via email. An email address will need to be
provided to the County via an EFT Authorization Form. To request a form, please contact the DPA
C019413 Page 52 of 52
Attachment M
BID SUMMARY
JOC Master List
Bid Openings on 2/21/18
AWARDED CONTRACTORS
BID NUMBER: 080‐C019411‐CL
JOC FOR DEMOLITION SERVICES
2 ‐ RESPONSIVE BIDS RECEIVED
Wreck Age Exbon Development,
Respondent Name Demotion, Inc. Inc.
Ranking: 1 2
Line Bid Line Description Quantity Quantity
1 Normal Working 0.6800 0.9800
2 Other Than Normal 0.7700 0.9900
3 Composite Factor 0.6980 0.9820
BID NUMBER: 080‐C019415‐CL
JOC FOR SLURRY AND PAVING
5 ‐ RESPONSIVE BIDS RECEIVED
Palp Inc. DBA Excel Exbon Development,
All American Asphalt R.J Noble SJD&B, Inc.
Paving Company. Inc.
Respondent Name
Ranking: 1 2 3 4 5
Line Bid Line Description Quantity Quantity Quantity Quantity Quantity
1 Normal Working 0.8180 0.9430 0.9800 0.9900 1.0100
2 Other Than Normal 0.9180 1.1515 1.0500 1.0300 1.0300
3 Composite Factor 0.8380 0.9847 0.9900 0.9980 1.0140
Page 1 of 3
Attachment M
BID NUMBER: 080‐C019412‐NM
JOC FOR ELECTRICAL SERVICES
6‐ RESPONSIVE BIDS RECEIVED
Southern
Exbon Development Angeles Contractor M.B. Herzog Electric,
Baker Electric Telenet VoIP Inc Contracting
Inc. Inc. Inc
Respondent Name Company
Ranking: 1 2 3 4 5 6
Line Bid Line Description Factor Factor Factor Factor Factor Factor
1 Normal Working 0.8021 0.9300 1.1000 1.1600 1.1500 1.2500
2 Other Than Normal 0.8305 0.9400 1.2000 1.3600 1.5400 1.4400
3 Composite Factor 0.8078 0.9320 1.1200 1.2000 1.2280 1.2880
BID NUMBER: 080‐C019414‐RE
JOC FOR ROOFING SERVICES
3 ‐ RESPONSIVE BIDS RECEIVED
Exbon Development, Best Contracting Angeles Contractor,
Respondent Name Inc. Services, Inc. Inc.
Ranking: 1 2 3
Line Bid Line Description Quantity Quantity Quantity
1 Normal Working 0.9200 1.0650 1.1800
2 Other Than Normal 0.9300 1.1150 1.2000
3 Composite Factor 0.9220 1.0750 1.1840
Page 2 of 3
Attachment M
BID NUMBER: 080‐C019413‐CC
JOC FOR HVAC SERVICES
9 ‐ RESPONSIVE BIDS RECEIVED
EMCOR Services,
Thomasville Harry H Joh Exbon Development, Applied Air Pan Pacific MTM Construction, ABM Building Acco Engineered
Mesa Energy
Construction, Inc. Construction, Inc. Inc. Conditioning Mechanical Inc. Solutions LLC Systems, Inc.
Respondent Name Systems, Inc.
Ranking: 1 2 3 4 5 6 7 8 9
Line Bid Line Description Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity
1 Normal Working 0.7000 0.8900 0.9500 1.0111 1.0500 1.0800 1.0800 1.0998 1.1500
2 Other Than Normal 1.0000 0.8902 0.9600 1.1254 1.0500 1.0900 1.2312 1.1696 1.2500
3 Composite Factor 0.7600 0.8900 0.9520 1.0340 1.0500 1.0820 1.1102 1.1138 1.1700
Respondent Telephone 626‐224‐8359 562‐630‐3348 714‐539‐2222 714‐545‐1917 949‐474‐9170 626‐934‐1112 949‐460‐0460 949‐330‐1550 818‐244‐6571
Corrected composite
factor based on
Factors 1 & 2
Comments provided by bidder
Page 3 of 3
REGULAR MEETING OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
ANDREW DO
CHAIRMAN
First District
SHAWN MICHELLE
NELSON STEEL
VICE SUPERVISOR
CHAIRMAN Second District
Fourth District
EXCUSED: None
PLEDGE OF ALLEGIANCE: Supervisor Nelson, Fourth District, led the assembly in the Pledge of
Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Chairman Do will be presenting a resolution proclaiming April 8-14, 2018 as "Science and Engineering
Week"
DELETED
Chairman Do presented a resolution proclaiming April 8-14, 2018 as "Crime Victims' Rights Week"
Supervisor Steel presented a resolution recognizing "Armenian Genocide Remembrance Day"
BOARD APPOINTMENTS
1. Supervisor Spitzer - Orange County Waste Management Commission - Appoint Dr. Beth
Marie Haney, Yorba Linda, to complete term ending 1/18/20
Sheriff-Coroner:
5. Approve plans and specifications and set bid opening for 5/9/2018, 2:00 p.m., for
Pavement Maintenance and Repair project; authorize Director or designee to extend bid
opening date up to 60 days if necessary; and make California Environmental Quality Act and
other findings - District 2
OC COMMUNITY RESOURCES
6. Approve proposed Aliso Creek Trail Slope Repair Project to restore bike trail and reduce future
erosion of the creek; and consider adoption of Initial Study/Mitigated Negative Declaration No.
IP 17-248 and other findings - District 5
7. Approve amendment 1 to agreement 13-23-629465 with Abrazar, Inc. for continued operations
atMidway City Community Center, 7/1/18 - 6/30/20; authorize Director or designee to execute
amendment and related documents; and make California Environmental Quality Act and other
findings - District 1
OC PUBLIC WORKS
8. Accept Grant Deeds from DMB San Juan Investment North, LLC and RMV PA2 Development,
LLC,Cow Camp Road Segment 2a and 2b.; authorize Director or designee to accept minor
interests in real estate needed for road right-of-way under certain conditions; and consider
application of prior Final Environmental Impact Reports 584 and 589 and other findings -
District 5
9. Approve plans, specifications and bid documents; and set bid opening for 5/16/18, 2:00 p.m.
for portable restrooms and showers units project, The Courtyard - District 1
10. Approve Assignment, Novation and Consent agreements MA-080-16012253 and MA-080-
16012254from HR Green California Inc. to HR Green Pacific, Inc. for architect-engineer on-
call general services and on-call land development expedited processing services, at no cost to
County, effective 1/23/18 and 1/24/18; and authorize Director or designee to execute
agreements - All Districts
11. Approve contract MA-080-18011369 with EnergyCAP, Inc. for Utility Management & Billing
Systemservices, 5/1/18 - 4/30/21 ($340,671); option to renew for two additional two year terms;
authorize County Procurement Officer or authorized Deputy to execute contract; and make
California Environmental Quality Act and other findings - All Districts
12. Acting as the Orange County Flood Control District - Approve plans, specifications and
biddocuments; set bid opening for 5/9/18, 2:00 p.m. for F05 San Diego Creek sediment removal
project - District 3
13. Acting as the Board of Supervisors and Orange County Flood Control District -
ApproveCooperative Agreement MA-080-18011125 with Southern California Regional Rail
Authority to procure design of San Juan Creek Bridge Underpass to serve as a maintenance
road, public bikeway and trail along easterly levee of San Juan Creek Channel; authorize
Auditor-Controller or designee to issue payment of $225,060 under certain conditions; and
authorize Director or designee to exercise cost contingency increase not to exceed 15%, carry
out terms, and execute related documents under certain conditions - District 5
END OF CONSENT CALENDAR
Sheriff-Coroner:
15. Ratify amendment 3 to contract MA-060-15011312 with Hampton Tedder Electric
Company Inc. for maintenance and repair of high and medium voltage equipment,
3/3/18 - 3/2/19 ($300,000; cumulative total $1,100,000); renewable for one additional
year; and authorize County Procurement Officer or authorized Deputy to execute
amendment - All Districts
42351 APPROVED AS RECOMMENDED
17. Approve contract MA-060-18011472 with Traditional Funeral Services, Inc. for
bodytransportation services, 4/15/18 - 4/14/20 ($850,000); renewable for three
additional one-year terms; and authorize County Procurement Officer or authorized
Deputy to execute contract - All Districts
35241 APPROVED AS RECOMMENDED
19. Receive and file status report and approve continuance of local emergency related to
Theo LacyFacility for repair to inoperable elevator used for public, legal visits and
emergency egress for inmates; set review to determine need for continuing local
emergency for 4/24/18, 9:30 a.m. and every regularly scheduled meeting thereafter until
terminated - District 3 (4/5 vote of the members present) (Continued from 9/26/17, Item
S46E; 10/17/17, Item 22; 10/31/17, Item 13; 11/14/17, Item 17; 12/5/17, Item 31;
12/12/17, Item 17; 1/9/18, Item 9; 1/23/18, Item 21; 2/6/18, Item 12; 2/27/18, Item 15;
3/13/18, Item 11; 3/27/18, Item 5)
32451 APPROVED AS RECOMMENDED
20. Approve agreement with OneOC for administrative support services for Waste Not OC
Coalition, 7/1/18 - 6/30/19 ($225,000); and authorize Director or designee to execute
agreement - District 1
15234 APPROVED AS RECOMMENDED
21. Approve selection of and agreements with Child Guidance Center, Inc. ($23,199,219), Olive
Crest($6,920,724), Pathways Community Services, LLC ($4,682,016), Seneca Family of
Agencies ($13,707,945), South Coast Children's Society, Inc., dba South Coast Community
Services ($3,314,301), Wayfinders Supportive Solutions ($3,101,091) and Western Youth
Services ($31,314,072) for Behavioral Health Outpatient services for Children and Youth,
7/1/18 - 6/30/21; and authorize Director or designee to exercise cost contingency increase not
to exceed 10% under certain conditions and to execute agreements - All Districts
41235 CONTINUED TO 4/24/18, 9:30 A.M.
22. Approve amendment 3 to master agreement with various providers of recuperative care
services, 7/1/17 - 12/31/20 ($3,483,627; revised cumulative total $8,386,517); and authorize
Director or designee to execute individual amendments - All Districts
35241 APPROVED AS RECOMMENDED
23. Approve participation agreement with California Mental Health Services Authority for Mental
HealthServices Act Innovation program, 4/27/18 - 6/30/22 ($24,000,000); authorize Director or
designee to execute agreement; and direct Auditor-Controller to distribute funds to California
Mental Health Services Authority upon approval and subsequent to approval by Mental Health
Services Oversight and Accountability Commission - All Districts
51234 APPROVED AS RECOMMENDED
N
OC PUBLIC WORKS
24. Approve contracts MA-080-18011103 with Digital Mapping, Inc. and MA-080-18011104
with Quantum Spatial, Inc. for architect-engineer contracts for on-call aerial surveying services,
three-year term ($1,500,000 each; aggregate total $3,000,000) with option to renew for two
additional years; authorize Director or designee to execute contracts; direct Department to
return to the Board on a quarterly basis with a progress report at the end of the second year; and
make California Environmental Quality Act and other findings - All Districts
54231 APPROVED AS RECOMMENDED
25. Approve contracts MA-080-18011097 with David Evans and Associates, Inc., MA-080-
18011099 with Johnson-Frank & Associates, Inc., MA-080-18011100 with Huitt-Zollars, Inc.,
MA-080-18011101 with Michael Baker International, Inc., and MA-080-18011102 with
Psomas for architect-engineer contracts for on-call land surveying services, three-year term
($1,500,000 each; aggregate total $7,500,000) with option to renew for two additional years;
authorize Director or designee to execute contracts; direct Department to return to the Board
on a quarterly basis with a progress report at the end of the second year; and make California
Environmental Quality Act and other findings - All Districts
45231 APPROVED AS RECOMMENDED
26. Approve contracts MA-080-18011183 with Moffatt & Nichol, MA-080-18011184 with
NobleConsultants, Inc., MA-080-18011185 with Anchor QEA, LLC, MA-080-18011354 with
GHD, Inc. and MA-080-18011355 with Environmental Science Associates for architect-
engineer on-call coastal engineering services, three-year term ($750,000 each; aggregate total
$3,750,000); with option to renew for two additional years; authorize Director or designee to
execute contracts; direct Department to return to the Board on a quarterly basis with a progress
report at the end of the second year; and make California Environmental Quality Act and other
findings - All Districts
54231 APPROVED AS RECOMMENDED
27. Approve job order contracts MA-080-18011459 with Wreck Age Demolition, Inc. and MA-
080-18011460 with Exbon Development, Inc. for demolition services, MA-080-18011441 with
Baker Electric, Inc. and MA-080-18011442 with Exbon Development, Inc. for electrical
services, MA-080-18011452 with Thomasville Construction, Inc., MA-080-18011453 with
Harry H. Joh Construction, Inc., MA-080-18011454 with Exbon Development, Inc. and MA-
080-18011455 with Applied Air Conditioning, Inc. for heating, ventilation and air conditioning
services, MA-080-18011439 with Exbon Development, Inc. and MA-080-18011440 with Best
Contracting Services, Inc. for roofing services, MA-080-18011444 with All American Asphalt
and MA-080-18011445 with PALP, Inc. dba Excel Paving Company for slurry and paving
services, 4/12/18 - 4/11/19 ($4,640,000 each; aggregate total $55,680,000); authorize Director
or designee to execute contracts under certain conditions; and make California Environmental
Quality Act and other findings - All Districts
52341 APPROVED AS RECOMMENDED
28. Acting as the Orange County Flood Control District - Approve change order 10 to contract
MA-080-15012058 with Tobo Construction, Inc. for liquidated damages assessed to Glassell
Yard Campus Stormwater Low-Impact Development Retrofit project ($306,000); and authorize
Auditor-Controller to make related payments - District 3
32451 APPROVED AS RECOMMENDED
29. Approve Fourth Cycle Regional Recycling and Waste Reduction Funding Agreement with
OneOC; and authorize Director or designee to execute agreement - All Districts (Continued RA
4 from 2/27/18, Item 25; 3/13/18, Item 24)
52341 APPROVED AS RECOMMENDED
30. Approve contract MA-299-18011418 with Tetra Tech BAS, Inc. for landfill gas operation
andmaintenance services, Central Region Landfills, 4/10/18 - 4/9/21 ($7,500,000); with option
to renew for two additional one-year terms ($2,500,000 per year); authorize County
Procurement Officer or authorized Deputy to execute contract; and make California
Environmental Quality Act and other findings - Districts 2 and 3
32451 APPROVED AS RECOMMENDED
31. Accept retroactive grant award $288,062 from Governor's California Office of Emergency
Services forChild Abuse Treatment Program for continued therapy, advocacy and support to
child victims of abuse and neglect, 10/1/17 - 9/30/18 - All Districts
32451 APPROVED AS RECOMMENDED
GENERAL ADMINISTRATION
32. County Counsel - Adopt resolution directing County public officials to seek County Counsel
legal advice on mass mailing items and prohibiting use of County funds for certain mass
mailings and requiring 2/3 vote for future amendments to the resolution; and receive and file
mass mailing best practices, checklist and mass mailing training materials - All Districts
(Continued from 3/13/18, Item S29F)
54231 APPROVED AS RECOMMENDED
RESO: 18-023
34. Approve contracts 017-18001MA with KNN Public Finance, LLC, 017-18002MA
withFieldman, Rolapp & Associates, Inc., and 017-18003MA with CSG Advisors Inc.
for on-call general municipal advisory services, 4/23/18 - 4/22/21 (not to exceed
$150,000 each, per year) with option to renew for two additional one-year terms; and
authorize Public Finance Director to execute contracts - All Districts
52341 APPROVED AS RECOMMENDED
35. Approve contracts 017-18001BC with Orrick, Herrington & Sutcliffe LLP, 017-
18002BC with Norton Rose Fulbright US LLP, and 017-18003BC with Stradling Yocca
Carlson & Rauth for general on-call legal services, 4/23/18 - 4/22/21 (not to exceed
$150,000 each, per year) with option to renew for two additional one-year terms; and
authorize Public Finance Director to execute contracts - All Districts
34251 APPROVED AS RECOMMENDED
37. Human Resource Services - Approve amendment 1 to contract with The StayWell Company,
LLC foradministration of health management program, 5/13/18 - 5/12/20 ($3,330,200); and
authorize Chief Human Resources Officer or designee to execute amendment - All Districts
45231 APPROVED AS RECOMMENDED
S37A. Supervisor Spitzer - Direct the Office of Independent Review, Executive Director Kevin
Rogan, toanalyze the lawsuit against the District Attorney and Sheriff Department and prepare
an analysis to present to the Board of Supervisors in closed session
NO ACTION TAKEN
S37B. County Executive Office - Receive and file investigative report "Review of the Initial
Response toCanyon 2 Fire"; and direct staff as necessary - All Districts
RECEIVED AND FILED
S37C. Chairman Do - Discussion of proper use of Board staff when conducting constituent outreach
outside of district
DISCUSSED; NO ACTION TAKEN
OC PUBLIC WORKS
38. Public Hearing to consider joint appeal filed regarding Red Rock Gardens Planning
ApplicationPA080053, and either (a) approve or disapprove Planning Commission's decision,
(b) add, modify or delete conditions, (c) deny appeals and approve a modified Planning
Application PA080053, or (d) provide direction and refer the matter back to Planning
Commission - District 3 (Continued from 3/13/18, Item 32)
B.O. CLOSED PUBLIC HEARING
39. Public Hearing to consider adopting resolution approving 2018 Weed Abatement Program; and
direct OC Public Works to report back to the Board on 7/31/18 and 8/6/19 with itemized cost
reports - All Districts
B.O. CLOSED PUBLIC HEARING
40. Public Hearing to consider reading and adoption of "An Uncodified Ordinance of the County
of Orange, State of California Adopting Zone Change ZC 17-01 and Rezoning Certain Land
from the A1 General Agricultural District to the AR Agricultural Residential District for the
Preserve at San Juan"; receive Orange County Planning Commission Resolution No. 18-01;
adopt resolution considering certification of Final Environmental Impact Report No. 618 and
other findings; adopt resolution approving General Plan Amendment Land Use Element 17-01;
and adopt resolution approving Area Plan PA130026 - District 5
B.O. CLOSED PUBLIC HEARING
GENERAL ADMINISTRATION
County Counsel:
PUBLIC COMMENTS:
Kenneth Batiste - Oral re: Changes to agenda and speaker time limits for general public comments,
homeless situation
Bryan Kaye - Oral re: Comments by Bryan Kaye at previous Board meeting, unreported crimes and
mental health professionals, Sheriff, District Attorney and Public Defender forging documents, falsifying
reports and placing innocent people in jail who are not mentally ill
Ilya Tseglin - Oral re: Ilya Tseglin, Robert Tseglin and Michael Klubnikin attend every meeting to plead
for Nate Tseglin's life from being exterminated, OC Regional Center profiteering from public funding,
Probate Case, Probate mental family court is a fraud, Judges, Public Defender
Robert Tseglin - Oral re: Nate Tseglin kidnapped by Irvine Police Department, placed in home, almost
overdosed and transferred to Fairview Development Center, OC Regional Center removed services
provided to Nate, placed in Cerritos Medical Center, psychotropic drugs and seizures, Public Defender,
Probate case
Lou Noble - Oral re: Mental Health Services and drug experimentation of Nate Tseglin, criminalization
of the homeless and fearmongering, mental problems of the homeless comes from depression and
oppression, unlawful foreclosure causes stress and mental problems, oppression by law enforcement,
more social workers and housing is needed for the homeless
COUNTY EXECUTIVE OFFICER COMMENTS:
None
BOARD COMMENTS:
Supervisor Spitzer - Oral re: Congratulated and thanked OC Waste & Recycling regarding closed landfill
at Yorba and Chapman and the 55 Freeway and opening of Orange Dog Park on Saturday, April 7, 2018
1. Supervisor Do A. Abstained
2. Supervisor Steel X. Excused
3. Supervisor Spitzer N. No
4. Supervisor Nelson BO Board Order
5. Supervisor Bartlett
ORD. = Ordinance
RESO. = Resolution
Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)
Bid Summary
BID OPENING DATE: 11/8/17
BID NUMBER: 080-C017028-NM Awarded Contractors
JOC FOR PAINTING SERVICES
4- RESPONSIVE BIDS RECEIVED
Interlog Corporation DBA Interlog CTG Construction, Inc. DBA
Respondent Name Construction Harry H. Joh Construction, Inc. C.T. Georgiou Painint Co. AJ Fistes Corporation
Ranking: 1 2 3 4
Line Bid Line Description Factor Factor Factor Factor
1 Normal Working 0.6050 0.7000 0.9000 0.8999
2 Other Than Normal 0.6051 0.7000 0.9500 1.1000
3 Composite Factor 0.6050 0.7000 0.9100 0.9399
Contractor Name Registration Number License Number Registration Date Expiration Date Trade
Page 1 of 5
Attachment K
Respondent Telephone
Comments
Page 2 of 5
Attachment K
Contractor Name Registration Number License Number Registration Date Expiration Date Trade
Interlog Corporation DBA Interlog General Contracting
1000004696 946823 6/16/2017 6/30/2018
Construction Services
General Contracting
SJD & B, Inc. 1000030237 1001950 5/8/2017 6/30/2018
Services
General Contracting
MIK Construction Inc. 1000003181 921766 5/8/2017 6/30/2018
Services
General Contracting
Pub Constrction, Inc. 1000005407 788668 5/4/2017 6/30/2018
Services
General Contracting
Vincor Construction, Inc. 1000009803 763743 5/11/2017 6/30/2018
Services
Page 3 of 5
Attachment K
Contractor Name Registration Number License Number Registration Date Expiration Date Trade
Environmental Remediation Contractors,
1000014579 803905 5/4/2017 6/30/2017 Asbestos
Inc.
Miller Environmental, Inc. 1000000628 772797 5/8/2017 6/30/2018 Asbestos
Page 4 of 5
Attachment K
Contractor Name Registration Number License Number Registration Date Expiration Date Trade
Harry H. Joh Construction, Inc. 1000001675 469845 5/15/2017 6/30/2018 Plumbing
Page 5 of 5
REGULAR MEETING OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
TODD SPITZER
CHAIRMAN
Third District
LISA A. ANDREW DO
BARTLETT SUPERVISOR
VICE First District
CHAIRMAN
Fifth District
EXCUSED: None
PLEDGE OF ALLEGIANCE: Supervisor Steel, Second District, led the assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Chairman Spitzer presented a resolution commending OC Community Services for earning the
Affordable Housing Award for Development of the Year
1. Supervisor Steel - Airport Commission - Reappoint Chris A. Welsh, Newport Beach, for
term concurrent with 2nd District Supervisor's term of office
2. Supervisor Do - Airport Commission - Appoint John L. Wong, Rossmoor, for term concurrent
with 1stDistrict Supervisor's term of office
DEPARTMENT APPOINTMENTS
3. Orange County Mental Health Board - Reappoint Judith Lewis, Huntington Beach, for
termending 7/20/18 - All Districts
45123 APPROVED AS RECOMMENDED
4. Alcohol and Drug Advisory Board - Appoint Margaret Fleitman, Mission Viejo, to
complete term ending 10/27/17; Geoffrey Henderson, Anaheim, to complete term
ending 3/6/17; Debra Kelsey, Westminster, and Frederick Williams, Jr., Irvine to
complete terms ending 10/28/17; and reappoint Stacy Deeble-Reynolds, Long Beach,
for term ending 6/3/18 - All Districts
District Attorney:
5. Approve model agreement for teachers in Orange and San Juan Capistrano School
Districts forGang Reduction and Intervention Partnership (GRIP) program tutorial
services, 9/28/15 - 7/31/16 ($457,500); renewable for one additional one-year term; and
authorize Purchasing Agent or authorized Deputy to execute individual agreements -
Districts 3 & 5 (Continued from 9/22/15, Item 16)
42153 CONTINUED TO 10/27/15, 9:30 A.M.
Sheriff-Coroner:
8. Approve purchase order with Impex Technologies, Inc. for one-time purchase and
delivery ofcomputer hardware to increase storage of existing data system ($81,768.56);
and authorize Purchasing Agent or authorized Deputy to execute purchase order - All
Districts
9. Receive and file annual Inmate Welfare Fund Revenue and Expenditure Reports for FY
14-15 -All Districts
HEALTH CARE AGENCY
10. Approve agreement MA-042-15012267 with Freedom Imaging, Inc. for purchase of
unbudgeted digitalradiography equipment ($64,212); and authorize Purchasing Agent or
authorized Deputy to execute agreement - All Districts (4/5 vote of members present)
42153 DELETED
OC COMMUNITY RESOURCES
11. Approve agreement MA-012-16010499 with US eDirect Inc. for OC Parks reservations system,
10/9/15 - 10/8/16 ($160,000) with option to renew for four additional one-year periods; and
authorize Purchasing Agent or authorized Deputy to execute agreement - All Districts
12. Accept donation of $14,910.48 from Friends of the Library to offset cost of refurbishing chairs,
HeritagePark Branch Library - District 3
13. Acting as the Successor Agency to the Orange County Development Agency - Adopt
RecognizedObligation Payment Schedule (ROPS), 1/1/16 - 6/30/16; authorize staff to submit
ROPS to State Department of Finance and the State Controller's Office; direct staff to notify
Board of any changes made to ROPS by County Auditor-Controller, County's Oversight Board,
State Department of Finance, and/or State Controller's Office; and make California
Environmental Quality Act and other findings - All Districts
OC PUBLIC WORKS
14. Approve retroactive reimbursement agreement 15-0044 with California Department of Food
andAgriculture for reimbursement of inspection of high risk plant shipments, 7/1/15 - 6/30/16
($102,381); authorize Director or designee to execute agreement; and make California
Environmental Quality Act and other findings - All Districts
15. Acting as the Board of Supervisors and Orange County Flood Control District -
Approveamendment 1 to agreement D10-054 with Canyon Recreational Vehicle Park for a
one-time fee for water connection and power and water usage ($54,000) - District 3
END OF CONSENT CALENDAR
III. DISCUSSION ITEMS (Items 16-S34B)
Sheriff-Coroner:
20. Approve selection of and agreement with College Community Services for Peer Mentoring
services forAdults and Older Adults, 11/1/15 - 6/30/17 ($2,914,452); and authorize Director or
designee to execute agreement - All Districts
51243 APPROVED AS RECOMMENDED
22. Approve Passenger Facility Charge amendment with Federal Aviation Administration
for reimbursements and funding of projects and authorize Director to execute amendment;
approve agreement with Swinerton Builders for terminal improvements project ($101,837,386);
and consider application of Final Environmental Impact Report No. 582, Addendum 582-1, and
Final Supplemental Environmental Impact Report 582, and other findings - District 2
21453 CONTINUED TO 10/20/15, 9:30 A. M.
23. Consider second reading and adoption of "An Ordinance of the County of Orange, California
AmendingSections 2-1-30.4 and 2-1-30.5 of the Codified Ordinances of the County of Orange
Pertaining to Noise Regulations and Decibel (dB) Limitations" - District 2 (First reading on
9/22/15, Item 42)
23145 APPROVED AS RECOMMENDED
ORD: 15-015
OC PUBLIC WORKS
24. Receive bids and award job order contracts MA-080-16010087 to National Demolition
Contractors andMA-080-1601058 to Environmental Remediation Contractors, Inc. for asbestos
removal and decontamination services support, 10/6/15 - 10/5/16 ($4,475,000 each) - All
Districts
51243 APPROVED AS RECOMMENDED
25. Approve agreement D15-004 with Santa Fe Pacific Pipeline, L.P. for relocation of petroleum
pipelines,La Pata Avenue widening - District 5
53124 APPROVED AS RECOMMENDED
26. Receive bids and award job order contracts MA-080-16010245 with Interlog
Construction, MA-080-16010246 with Harry H. Joh Construction and MA-080-16010247 with
MIK Construction for general contracting services, 10/6/15 - 10/5/16 ($4,475,000 each); and
make California Environmental Quality Act and other findings - All Districts
14253 APPROVED AS RECOMMENDED
27. Approve amendment 1 to agreement D13-085 with Hill International, Inc. for construction
managementof La Pata Avenue and Camino Del Rio Extension Project ($1,000,000 reduction;
new total $6,706,372) - District 5
51243 APPROVED AS RECOMMENDED
28. Approve agreement CT-080-16010222 with West Coast Air Conditioning Co., Inc. for
ConstructionManager At Risk general contractor design phase services for Central Utility
Facility Infrastructure Upgrades project ($796,540); and make California Environmental
Quality Act and other findings - District 1
14253 APPROVED AS RECOMMENDED
29. Acting as the Board of Supervisors and Orange County Flood Control District -
Approve acquisition contract with and accept grant deed from Bruce T. Mulhearn, Trustee of
the Grasmere Trust, for purchase of real property, Prado Dam Project, 7215 Pine Avenue,
Chino, California ($4,030,000); authorize Chief Real Estate Officer or designee to execute
related documents; and authorize Auditor-Controller to make related payments - All Districts
15243 APPROVED AS RECOMMENDED
GENERAL ADMINISTRATION
County Counsel:
30. Consider second reading and adoption of "An Ordinance of the County of Orange,
California,Amending Section 2-2-15 of the Codified Ordinances of the County of
Orange Regarding the Appointment of Members to the Orange County Parks
Commission" - All Districts (First reading on 9/22/15, Item 47)
14253 APPROVED AS RECOMMENDED
ORD: 15-016
31. Consider second reading and adoption of "An Ordinance of the County of Orange,
California,Amending Section 1-2-302 of the Codified Ordinances of the County of
Orange Regarding the Composition of the Housing and Community Development
Commission" - All Districts (First reading on 9/22/15, Item 48)
14253 APPROVED AS RECOMMENDED
ORD: 15-017
33. Acting as the Legislative Body of Community Facilities Districts No. 2002-1 and 2004-
1 -Approve amendment 4 to Acquisition, Funding and Disclosure agreement for Series
A of 2003 Bonds, CFD 2002-1 and Series A of 2005 Bonds, CFD 2004-1 for purpose of
financing the La Pata extension project and related improvements; and authorize Public
Finance Manager to execute amendments; and make related budget adjustments -
District 5 (R.A. #4, 4/5 vote of members present and voting)
54123 APPROVED AS RECOMMENDED
N
S34A. Chairman Spitzer and Supervisor Nelson - Relating to the establishment of a County
EthicsCommission, provide direction to County Counsel concerning amendments to the County
Charter, amendments to the County Campaign Reform Ordinance (TINCUP), an ordinance
establishing a County Ethics Commission, and amendments to the County Lobbyist
Registration and Reporting Ordinance; direct County Counsel to return to the Board on October
20, 2015, with final ordinance language and a proposed directive for placement of the
amendments to the County Charter and the County Campaign Reform Ordinance on the ballot
of the June 2016 statewide primary election
THE BOARD PROVIDED DIRECTION AND COMMENTS TO COUNTY COUNSEL
CONCERNING AMENDMENTS TO THE COUNTY CHARTER, AMENDMENTS TO
THE COUNTY CAMPAIGN REFORM ORDINANCE (TINCUP), AN ORDINANCE
ESTABLISHING A COUNTY ETHICS COMMISSION, AND AMENDMENTS TO
THE COUNTY LOBBYIST REGISTRATION AND REPORTING ORDINANCE.
STRAW VOTES WERE HELD ON THE FOLLOWING SPECIFIC ITEMS: ON THE
CHARTER AMENDMENT
o ARTICLE VI, SECTION 601: THE BOARD, ON A VOTE OF 4 TO 0,
SUPERVISORS BARTLETT, DO, NELSON, AND SPITZER VOTING YES, AND
SUPERVISOR STEEL ABSTAINING, APPROVED A RECOMMENDED
AMENDMENT TO CHANGE THE NAME OF THE COMMISSION FROM "FAIR
CAMPAIGN PRACTICES COMMISSION" TO "CAMPAIGN FINANCE AND
ETHICS COMMISSION"
OC PUBLIC WORKS
35. Public Hearing to consider adopting resolution approving General Plan Amendment Land Use
Element15-01 for elements that contain goals, policies and regulations that affect
unincorporated areas of Orange County; and consider adoption of Negative Declaration No. IP
15-115 and other findings - All Districts
B.O. CLOSED PUBLIC HEARING
36. Public Hearing to consider second reading and adoption of "An Ordinance of the Board of
Supervisors ofthe County of Orange Granting to SFPP, L.P., a Delaware Limited Partnership, a
Franchise for the Transportation & Distribution of Refined Petroleum Products in the County
of Orange for Ten (10) Years" - Districts 3, 4 & 5 (First reading on 9/22/15, Item 58)
54123 APPROVED AS RECOMMENDED
ORD: 15-018
GENERAL ADMINISTRATION
County Counsel:
PUBLIC COMMENTS:
Michael Klubnikin - Oral Re: Homeless shelter, Ethics Commission, Tseglins, Public Defender, Internal
Audit.
Stephanie Ellison, Jacqulyn Peter - Oral Re: No Kill Shelter Alliance; policies at OC Animal Care; need
forOversight Board; thanked those involved with saving Karma.
Nik Peter - Oral Re: No Kill Shelter Alliance; policies at OC Animal Care; need for Oversight Board;
thanked those involved with saving Karma; need for new shelter and needed repairs at current shelter.
Rose Tingle - Oral Re: OC Animal Care and the need for more than one shelter in Orange County.
BOARD COMMENTS:
Supervisor Do - Oral Re: Thanked OC Parks and OCCR staff for concert at Mile Square Park.
Vice Chair Bartlett - Oral Re: 20th Anniversary of Cal Optima celebration on 11/14/15. Requested
contact information of public speakers for their input on OC Animal Care (OCAC) policies. Wants to
look at possibly adding animal behaviorist at OCAC.
Chairman Spitzer - Oral Re: Holding Peters Canyon workshop 10/7/15, 5:30 - 7:30 p.m. at Orange
County Fire Authority. 1000 N. Kraemer workshop held last week regarding potential homeless shelter.
Directed CEO to look at possibly using alternate site for Board public hearing regarding 1000 N. Kraemer
shelter in order to accommodate public. Directed CEO to meet with OCFA staff regarding OCFA's
savings in Workers Compensation costs and alternative dispute resolution and return to the Board at a
later date.
1. Supervisor Do A. Abstained
2. Supervisor Steel X. Excused
3. Supervisor Spitzer N. No
4. Supervisor Nelson BO Board Order
5. Supervisor Bartlett
ORD. = Ordinance
RESO. = Resolution
Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)
2017 by and between the County of Orange, a political subdivision of the State of California,
and the Orange County Flood Control District, a body corporate and politic, together,
B. Proposal Form
I. JOC Unit Price Book, May 2017 OC Public Works/OC Construction Construction
Task Catalog®, hereafter referred to as CTC, and Technical Specifications.
COUNTY will make one payment for all Task Orders that have a Task Order Completion
Time of 22 days or less, or a Task Order Price of $25,000 or less. For all other Task
Orders, the COUNTY may make partial, monthly payments based on a percentage of the
work completed.
When applicable, COUNTY agrees to make work progress payments in accordance with
the provisions of Section 9-3.2 "Partial and Final Payment" of the STANDARD
SPECIFICATIONS, which sums shall be computed from the prices set forth in the Task
Order Proposals submitted by CONTRACTOR.
Interest shall begin to accrue on any unpaid progress payment sixty (60) days after
ENGINEER’s approval of CONTRACTOR’s progress payment request. Interest shall be
equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of
Civil Procedure.
3. Term of Contract
This AGREEMENT is effective one year after award by the Board of Supervisors or the
achievement of maximum dollar value, whichever occurs first. Upon mutual consent, the
maximum value may be increased to the maximum legal value at any time.
Timely completion of Task Orders issued under this AGREEMENT is of the essence. In
accordance with Government Code Section 53069.85, should CONTRACTOR fail to
complete the work specified in the Task Order in accordance with the approved
construction schedule, and provided CONTRACTOR has not previously obtained a
written extension of time from COUNTY according to the General Conditions, a sum
appropriate with the following schedule may be deducted from each succeeding request
for payment as liquidated damages on each Task Order if applicable.
COUNTY, without invalidating the Task Order, may order changes in the work by
altering, adding to or deducting from the work in which the Task Order cost shall be
adjusted accordingly. All such changes shall be executed under the conditions of the
original Task Order. If additional work is necessary, a new Task Order will be issued.
For deduction of work scope, a change order shall be executed, deducting the amount
from the original Task Order cost. Credits for Pre-priced and Non Pre-priced Tasks shall
be calculated at the pre-set Unit Prices and multiplied by the appropriate Adjustment
Factors. The result is that a credit for Tasks that have been deleted from the Detailed
Scope of Work will be given at 100% of the value at which they were included in the
original Price Proposal. CONTRACTOR shall make no changes in the work or perform
any additional work without COUNTY’s specific written approval.
All contractors and subcontractors must comply with the requirements of Labor Code
Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5.
Bids cannot be accepted from unregistered contractors except as provided in Section
1771.1. This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations. After award of the contract, CONTRACTOR and
each Subcontractor shall furnish electronic payroll records directly to the Labor
Commissioner in the manner specified in Labor Code Section 1771.4.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
CONTRACTOR shall comply with the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime wages in this locality for each craft,
classification or type of worker needed to execute the AGREEMENT. The rates are
available from the Director of the Department of Industrial Relations at the following
website: http://www.dir.ca.gov/dlsr/ DPreWageDetermination.htm. CONTRACTOR
shall post a copy of such wage rates at the jobsite, and shall pay the adopted prevailing
wage rates. CONTRACTOR shall comply with the provisions of Sections 1775 and 1813
of Labor Code.
Travel and subsistence payments to each workman needed to execute the work shall be
made as such travel and subsistence payments are defined in the applicable collective
bargaining agreements filed in accordance with Section 1773.8 of the Labor Code.
CONTRACTOR shall comply with the provisions of Section 1774 of the Labor Code.
Failure to comply with the subject section will subject CONTRACTOR to penalty and
forfeiture provisions of Section 1775 of the Labor Code.
COUNTY will not recognize any claim for additional compensation because of the
payment by CONTRACTOR of any wage rate in excess of the prevailing wage rate set
forth in AGREEMENT. The possibility of wage increases is one of the elements to be
considered by CONTRACTOR in determining his bid, and will not under any
circumstances be considered as the basis of a claim against COUNTY on AGREEMENT.
CONTRACTOR and any Subcontractor(s) shall comply with the provisions of Labor
Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than
the general prevailing rates of per diem wages and holiday and overtime wages as
determined by the Director of Industrial Relations. CONTRACTOR shall post a copy of
these wage rates at the job site for each craft, classification, or type of worker needed in
the performance of this AGREEMENT, as well as any additional job site notices required
by Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office
of COUNTY’s representative, or may be obtained from the State Office, Department of
Industrial Relations (“DIR”) or from the DIR’s website at www.dir.ca.gov. If the
Contract is federally funded, CONTRACTOR and any Subcontractor(s) shall not pay less
than the higher of these rates or the rates determined by the United States Department of
Labor.
CONTRACTOR and any Subcontractor(s) shall comply with the requirements of Labor
Code Section 1776. Such compliance includes the obligation to furnish the records
CONTRACTOR and any Subcontractor(s) performing any portion of the work under this
AGREEMENT shall keep an accurate record, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker, or other
employee employed by CONTRACTOR or any Subcontractor(s) in connection with the
work.
Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct.
(b) The employer has complied with the requirements of Labor Code Sections 1771,
1811, and 1815 for any work performed by his or her employees in connection with the
Contract.
The payroll records shall be certified and shall be available for inspection at the principal
office of CONTRACTOR on the basis set forth in Labor Code Section 1776.
CONTRACTOR shall inform COUNTY of the location of the payroll records, including
the street address, city and county, and shall, within five working days, provide a notice
of any change of location and address of the records.
Pursuant to Labor Code Section 1776, CONTRACTOR and any Subcontractor(s) shall
have 10 days in which to provide a certified copy of the payroll records subsequent to
receipt of a written notice requesting the records described herein. In the event that
CONTRACTOR or any Subcontractor fails to comply within the 10-day period, he or she
shall, as a penalty to COUNTY, forfeit $100, or a higher amount as provided by Section
1776, for each calendar day, or portion thereof, for each worker to whom the
noncompliance pertains, until strict compliance is effectuated. CONTRACTOR
acknowledges that, without limitation as to other remedies of enforcement available to
COUNTY, upon the request of the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement of the California Department of Industrial Relations,
such penalties shall be withheld from progress payments then due CONTRACTOR.
CONTRACTOR is not subject to a penalty assessment pursuant to this section due to the
failure of a Subcontractor to comply with this section.
8. Apprentices
CONTRACTOR shall familiarize himself with the provisions of Section 1777.5 of the
Labor Code regarding employment of apprentices, and shall be responsible for
compliance therewith, including compliance by his Subcontractors.
CONTRACTOR agrees to comply with the provisions of Labor Code Section 1777.5 and
any other applicable laws or regulations, including but not limited to, 8 California Code
of Regulations, Section 230.1(A), pertaining to apprentices. Section 1777.5 shall not
apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general
contractors or those specialty contractors involve less than Thirty Thousand Dollars
($30,000).
CONTRACTOR and Subcontractor shall comply with Section 1777.6 of the Labor Code
which stipulates that an employer or a labor union shall not refuse to accept otherwise
qualified employees as registered apprentices on any public works on any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code, except as provided in Section
3077 of the Labor Code and Section 12940 of the Government Code.
9. Antitrust Claims
In accordance with Public Contract Code Section 7103.5, by entering into a public works
contract or a subcontract to supply goods, services, or materials pursuant to a public
works contract, CONTRACTOR or Subcontractor offers and agrees to assign to the
awarding body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act,
Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code, arising from purchases of goods, services, or materials pursuant to the
public works contract or the subcontract. This assignment shall be made and become
effective at the time the awarding body tenders final payment to CONTRACTOR,
without further acknowledgment by the PARTIES. CONTRACTOR shall cause the
above requirement to be inserted in all agreements with Subcontractors.
Pursuant to and in accordance with Section 8546.7 of the California Government Code,
in the event that AGREEMENT involves expenditures of public funds aggregating in
excess of Ten Thousand Dollars ($10,000), 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 AGREEMENT.
CONTRACTOR shall maintain records for all costs connected with the performance of
AGREEMENT 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.
The terms and provisions of AGREEMENT shall be binding upon and inure to the
benefit of the PARTIES hereto and their successors and assigns.
14. Entirety
AGREEMENT contains the entire agreement between the PARTIES with respect to the
matters provided for herein.
15. Severability
AGREEMENT has been negotiated and executed in the State of California and shall be
governed by and construed under the laws of the State of California. In the event of any
legal action to enforce or interpret AGREEMENT, the sole and exclusive venue shall be
a court of competent jurisdiction located in Orange County, California, and the PARTIES
hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding
Code of Civil Procedure, Section 394.
The PARTIES specifically agree that by soliciting and entering into and performing
services under AGREEMENT, CONTRACTOR shall be deemed to constitute doing
business within Orange County from the time of solicitation of work, through the period
when all work under AGREEMENT is completed, and continuing until the expiration of
any applicable limitations period. Furthermore, the PARTIES have specifically agreed,
as part of the consideration given and received for entering into AGREEMENT, to waive
any and all rights to request that an action be transferred for trial to another County under
Code of Civil Procedure, Section 394.
C. A certification that CONTRACTOR has fully complied with all the applicable
federal and state reporting requirements regarding its employees; and
D. A certification that CONTRACTOR has fully complied with all lawfully served
Wage and Earnings Assignment Orders and Notices of Assignment and will
continue to so comply.
Failure of CONTRACTOR to timely submit the data and/or certifications required above
or to comply with all Federal and State reporting requirements for child support
enforcement or to comply with all lawfully served Wage and Earnings Assignment
Orders and Notices of Assignment may result in the Contract being awarded to another
Contractor, or, in the event a Contract has been issued, shall constitute a material breach
of the Contract. Failure to cure such breach within sixty (60) calendar days of notice
from COUNTY shall constitute grounds for termination of the Contract.
CONTRACTOR shall be responsible for any and all charges, fines, penalties, and/or
assessments levied against COUNTY by any governmental entity, administrative or
regulatory agency having jurisdiction, resulting from any action or omission of
CONTRACTOR, CONTRACTOR’s Subcontractor, suppliers, and/or employees, unless
due to the sole and active negligence of COUNTY. COUNTY is authorized to deduct
any such charge, fine penalty, or assessment from any payment COUNTY is otherwise
required to make to CONTRACTOR.
If any such charge, fine, penalty, or assessment is levied against COUNTY subsequent to
the completion of PROJECT as a result of any action or omission as set forth above,
CONTRACTOR shall nevertheless be responsible to COUNTY for the entire sum of
such charge, fine, penalty, or assessment and agrees to pay the full amount due within
sixty (60) calendar days of receiving an invoice from COUNTY.
CONTRACTOR shall be liable to COUNTY for attorney's fees and costs incurred by
COUNTY in enforcing the provisions of this paragraph.
19. Amendments
The 1997 amendments to the State Public Works Contract Code Section 201285 provide
that the maximum value for each Job Order Contract may be adjusted on an annual basis
based on California Consumer Price Index (CPI).
In December 1997, the applicable CPI for Los Angeles-Riverside-Orange County Area
was 161.2 and in December 2016, the applicable CPI was 250.169. The applicable CPI
has increased by a net 55.19 percent from 1997 to 2016; thus increasing the annual
maximum limit for each Job Order Contract from $3,000,000 in 1997 to $4,656,000 in
2017.
Increasing the annual limit will enable OC Public Works to keep up with the rising cost
of construction and maintain the viability of JOC as an alternative constructing method.
When the Contract reaches the maximum allowed amount before expiration, as the
results of emergency repairs or unforeseen urgent maintenance or restoration, the
amended increases will be effective only after COUNTY accepts CONTRACTOR’s
additional bonds (Performance Bond and Payment Bond) to cover 100 percent of the
increased amount.
The DIRECTOR may increase the annual maximum limited to $25,000 per change for
the Contracts in excess of $250,000, plus 5 percent of the original annual maximum
contract amount in excess of the $250,000 up to a maximum Contract approved by the
State Legislature in accordance with Public Works Contract Code Section 20142. The
Board of Supervisors shall approve all changes over the amounts specified above. In any
event, the cumulative limit cannot exceed $4.656 million.
20. Acceptance
21. Non-Discrimination
1) The delay in the completion of the work arises from causes beyond the
control and without the fault or negligence of CONTRACTOR,
including, but not limited to, acts of God, acts of the public enemy, acts
of COUNTY, acts of another contractor in the performance of a contract
2) CONTRACTOR, within ten (10) days from the beginning of any such
delays (unless DIRECTOR grants in writing a further period of time
before the date of final payment under AGREEMENT), notifies
DIRECTOR in writing of the causes of delay.
DIRECTOR shall ascertain the facts and the extent of the delay and extend
the time for completing the work when, in his judgment, the delay is
justified. DIRECTOR shall make written findings, and the findings of fact
shall be final and conclusive on the PARTIES, subject only to appeal as
provided by law.
D. The rights and remedies of COUNTY provided in this Section are in addition to
any other rights and remedies provided by law or under AGREEMENT.
Notwithstanding any other provision of AGREEMENT, COUNTY may, at any time, and
without any cause, terminate this AGREEMENT in whole or in part, upon not less than
seven (7) days’ written notice to CONTRACTOR. Such termination shall be effected by
delivery to CONTRACTOR of a notice of termination specifying the effective date of the
termination and the extent of the work to be terminated. CONTRACTOR shall
immediately stop work in accordance with the notice and comply with any other direction
as may be specified in the notice or as provided subsequently by COUNTY. COUNTY
shall pay CONTRACTOR for the work completed prior to the effective date of the
termination, and such payment shall be CONTRACTOR’s sole remedy under
AGREEMENT. Under no circumstances will CONTRACTOR be entitled to anticipatory
or unearned profits, consequential damages, or other damages of any sort as a result of a
termination or partial termination under this Paragraph. CONTRACTOR shall insert in
all subcontracts that the sub-consultant shall stop work on the date of and to the extent
specified in a notice of termination, and shall require sub-consultants to insert the same
condition in any lower tier subcontracts.
The remedies for breach set forth in AGREEMENT are cumulative as to one another and
as to any other remedy provided by law, rather than exclusive; and the expression of
certain remedies in AGREEMENT does not preclude resort by either PARTY from
resorting to any other remedies provided by law.
27. Indemnification
CONTRACTOR shall pay promptly all indebtedness for labor, materials and equipment
used in performance of the work. CONTRACTOR shall not permit any lien or charge to
attach to the work or the premises, but if any does so attach, CONTRACTOR shall
promptly procure its release and, in accordance with the requirements of the
indemnification paragraph above, indemnify, defend, and hold COUNTY harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or
arising from or related thereto.
CONTRACTOR shall provide a time extension request on completion of Task Order for
delays caused by others (Permitting Agencies, COUNTY or Contract Cities, or
unforeseen conditions such as inclement weather, etc.) and at no fault by
CONTRACTOR, subject to approval by COUNTY. COUNTY will review the request
and determine in its sole discretion whether the situation warrant a time extension at no-
cost or with costs. If CONTRACTOR completes the Task Order beyond the stipulated
completion date without COUNTY’s specific written approval for time extension,
32. Confidentiality
34. RESERVED
RESERVED
CONTRACTOR acknowledges that it has read and agrees to all terms and conditions
included in AGREEMENT.
36. Headings
The various headings and numbers herein, the grouping of provisions of AGREEMENT
into separate clauses and paragraphs, and the organization hereof are for the purpose of
convenience only and shall not limit or otherwise affect the meaning hereof.
Any reference to the word “day” or “days” herein means calendar day or calendar days,
respectively, unless otherwise expressly provided.
39. Interpretation
AGREEMENT has been negotiated at arm’s length and between persons sophisticated
and knowledgeable in the matters dealt with in this AGREEMENT. In addition, each
PARTY has been represented by experienced and knowledgeable independent legal
counsel of their own choosing or has knowingly declined to seek such counsel despite
being encouraged and given the opportunity to do so. Each PARTY further
acknowledges that they have not been influenced to any extent whatsoever in executing
AGREEMENT by any other PARTY hereto or by any person representing them, or both.
Accordingly, any rule or law (including California Civil Code Section 1654) or legal
decision that would require interpretation of any ambiguities in AGREEMENT against
the PARTY that has drafted it is not applicable and is waived. The provisions of
AGREEMENT shall be interpreted in a reasonable manner to affect the purpose of the
PARTIES and AGREEMENT.
41. Notices
Any and all notices, requests demands and other communications contemplated, called
for, permitted, or required to be given hereunder shall be in writing, except through the
course of the PARTIES’ project managers’ routine exchange of information and
cooperation during the terms of the work and services. Any written communications
shall be deemed to have been duly given upon actual in-person delivery, if delivery is by
direct hand, or upon delivery on the actual day of receipt or no greater than four calendar
days after being mailed by US certified or registered mail, return receipt requested,
postage prepaid, whichever occurs first. The date of mailing shall count as the first day.
All communications shall be addressed to the appropriate PARTY at the address stated
herein or such other address as the PARTIES hereto may designate by written notice
from time to time in the manner aforesaid.
For CONTRACTOR: Name: Harry H. Joh Construction, Inc.
Address: 7303 Somerset Blvd.
City: Paramount, CA 90723
Attn: Harry Joh
Phone: 562-630-3348
Email: harry@hjconst.com
For COUNTY: Name: OC Public Works/OC Construction
Address: 1152 E. Fruit Street, Building #6
City: Santa Ana, CA 92701
Attn: JOC Coordinator
Phone: 714-955-0212
E-mail Antonio.Pascual@ocpw.ocgov.com
43. Default
In the event CONTRACTOR shall fail to make prompt delivery as specified of any
equipment or service, the same conditions as to the rights of COUNTY to purchase on the
open market and to reimbursement set forth above shall apply, except as otherwise
provided in AGREEMENT.
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 employees, agents, and
relatives; sub-tier contractors; and third parties associated with accomplishing work and
services hereunder. CONTRACTOR’s efforts shall include, but not be limited to
establishing precautions to prevent its employees or agents from making, receiving,
providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interests of
COUNTY.
COUNTY has permanent ownership of all directly connected and derivative materials
produced under AGREEMENT by CONTRACTOR. All documents, reports and other
incidental or derivative work or materials furnished hereunder shall become and remain
the sole properties of COUNTY and may be used by 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 CONTRACTOR without the
express written consent of COUNTY.
All materials, documents, data or information obtained from COUNTY data files or any
COUNTY medium furnished to CONTRACTOR in the performance of this
AGREEMENT will at all times remain the property of COUNTY. Such data or
information may not be used or copied for direct or indirect use by CONTRACTOR after
completion or termination of AGREEMENT without the express written consent of
COUNTY. All materials, documents, data or information, including copies furnished to
CONTRACTOR by COUNTY must be returned to COUNTY at the end of this
AGREEMENT unless otherwise authorized in writing by ENGINEER.
The obligation of COUNTY is subject to the availability of funds appropriated for this
purpose, and nothing herein shall be construed as obligating COUNTY to expend or as
involving COUNTY in any contract or other obligation for future payment of money in
excess of appropriations authorized by law.
CONTRACTOR warrants that it fully complies with all Federal and State statutes and
regulations regarding the employment of aliens and others and that all its employees
performing work under AGREEMENT meet the citizenship or alien status requirement
set forth in Federal statutes and regulations. CONTRACTOR shall obtain, from all
employees performing work hereunder, all verification and other documentation of
employment eligibility status required by Federal or State statutes and regulations
including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C.
§1324 et seq., as they currently exist and as they may be hereafter amended.
CONTRACTOR shall retain all such documentation for all covered employees for the
period prescribed by the law. CONTRACTOR shall indemnify, defend with counsel
approved in writing by COUNTY, and hold harmless, COUNTY, its agents, officers, and
employees from employer sanctions and any other liability which may be assessed
against CONTRACTOR or COUNTY or both in connection with any alleged violation of
any Federal or State statutes or regulations pertaining to the eligibility for employment of
any persons performing work under this AGREEMENT.
CONTRACTOR shall acknowledge that all incomplete or pending Task Orders must be
completed and closed out within 180 days from the expiration of AGREEMENT.
COUNTY, however, may issue supplemental Task Orders to mitigate unforeseen
conditions that occur while completing work past the expiration date. COUNTY will
immediately terminate and close all pending and incomplete Task Orders on the 180th day
from the expiration of this AGREEMENT without penalty.
JOC is a flexible, cost effective unit price contracting method used by OC Public Works
for the maintenance, repair, remodeling, and refurbishment of COUNTY facilities and
infrastructure. As required by the State Public Contract Code 20128.5, JOCs are
contracts of single year duration. The unit prices in the CTC provide installation costs
and demolition costs, along with quantity adjustments, owner supplied materials, position
of work (confined or restricted working spaces) and the full cost of CONTRACTOR
complying with all Federal and State requirements.
(If a corporation, the document must be signed by two corporate officers. The 1st must be
either Chairman of the Board, President or any Vice President.)
Date: ___________ By____________________________________
Signature
____________________________________
Print Name & Title
(If a corporation, the 2nd signature must be either the Secretary, an Assistant Secretary, the
Chief Financial Officer, or any Assistant Treasurer.)
COUNTY OF ORANGE,
a political subdivision of the State of California
APPROVED AS TO FORM
Office of the County Counsel
Orange County, California
By:________________________
* Note: Pursuant to the requirements of the California Corporations Code Section 313, one of
the following two methods must be used by a corporation when it enters into a
contract:
1) Two people must sign the document. One of them must be the Chairman of
the Board, the President or any Vice-President. The other must be the
Secretary, any Assistant Secretary, the Chief Financial Officer or any
Assistant Treasurer.
2) One corporate officer may sign the document, providing that written evidence
of the officer’s authority to bind the corporation with only his or her signature
must be provided. This evidence would ideally by a corporate resolution.
MICHELLE STEEL
CHAIRWOMAN
Second District
SHAWN LISA A.
NELSON BARTLETT
SUPERVISOR SUPERVISOR
Fourth District Fifth District
EXCUSED: None
PLEDGE OF ALLEGIANCE: Supervisor Spitzer, Third District, led the assembly in the Pledge of Allegiance
I. PRESENTATIONS/INTRODUCTIONS
Chairwoman Steel will be presenting a resolution proclaiming October as "Crosswalk Safety Awareness
Month" and commending Steve Cienfuegos of City of Laguna Niguel's Planning Commission, in
recognition of their effort to increase awareness about crosswalk safety
DELETED
Supervisor Spitzer presented a resolution commending Dave Carlson on his retirement, Third District
appointee to the Audit Oversight Committee (AOC) and the longest serving member on the AOC
Michael Klubnikin - Oral Re: The Tseglins; complaints filed with the County, Attorney General and
SenatorMoorlach regarding real estate tax frauds
Darrell Ferguson - Oral Re: Surfrider Foundation; coalition of Surfrider Foundation, Coast Keepers and
Sierra Club speaking to city representatives and storm water managers regarding trash provisions from
the State; Coastal Clean-Up Day on September 16th; coalition can be resource to reduce single use plastic
and keep trash out of the ocean; Ocean Friendly Restaurant Program; Cappy's Restaurant is participating
in program and is not providing straws to customers
Karl Seckel - Oral Re: Municipal Water District; supports Agenda Item #18
Steve Rocco - Oral Re: Case for the Ethics Commission regarding Judge Tam Nomoto-Schumann; aliases
of Judge Tam Nomoto-Schumann; murder, criminal cover up, and case dismissal by Judge Tam Nomoto-
Schumann; false testimony and evidence; Sheriff Department and Public Defender sent to his home
Linda Dimario - Oral Re: Vice President, Economic Development and Tourism, Greater Irvine Chamber;
supports Agenda Item S46B
Adam Wood - Oral Re: Building Industry Association; supports Agenda Item S46B
Hoiyin - Oral Re: Sierra Club; Coastal Clean up Day; suggests reducing trash at sewers and reducing use
of single use plastic; survey conducted by Sierra Club regarding use of plastic; reusable versus single use
plastics; Manhattan Beach 'Bring Your Own' campaign
Jeanine Robbins - Oral Re: Supervisor Spitzer's comments during Anaheim City Council meeting on
September 12 regarding sanitary needs for the homeless living on the Santa Ana Riverbed; need sufficient
drainage system by the water bottle filling station; Vector Control spraying near water filling stations for
West Nile virus; outbreak of Hepatitis A if sanitary systems are not provided; State of Emergency
declared in Orange County due to individuals waiting for Section 8 housing
Mike Robbins - Oral Re: City of Anaheim declaration of emergency, update regarding homeless; police
presence and arrest of 3 individuals; 33 deaths of homeless in Orange County in one month
Mohammed Aly - Oral Re: Lead away from podium in handcuffs during the September 12 Board meeting
when addressing the Board regarding insufficient services provided at the Courtyard; untrained,
insufficient guards with criminal records at the Courtyard; sexual and physical abuse and unsanitary
conditions at the Courtyard; allocation of funds for a shelter; was arrested at the riverbed for use of bleach
to clean the water filling stations; Fountain Valley encampment not being served; homeless veteran killed
in Huntington Beach
Jordan Hoiberg - Oral Re: County's augmented budget and placement of leftover funds be used for
permanent supportive housing; State funds to be received from real estate transaction tax fee; advocates
fixing drainage system by the water bottle filling station; commends Supervisor Spitzer and his comments
to the Anaheim City Council; Board needs to provide basic sanitation to individuals on the riverbed
Bruce Creel - Oral Re: Invocation and Pledge; ministers to the homeless at the riverbed; abuses of the
homeless; hotel rooms, group homes and temporary housing not solution for the homeless; Saddleback
Church opening in Yorba Linda; thanked Sheriff for patrolling the riverbed
Justin Samson - Oral Re: Candidate for State Legislature; conditions of residents at the riverbed; passing
of SB2 for low income housing; ending homelessness and providing housing to the homeless
Kimberly O'Neill - Oral Re: Homeless at the riverbed; safe housing and employment for the homeless;
suggested visiting and speaking to individuals at the riverbed and shelters; need to find solution to
address housing in Orange County; housing in Orange County is expensive
Lou Noble - Oral Re: Quotation from Thomas Jefferson; warned the Board of things to come; law
enforcement and criminalizing homeless is not the answer; need to find solution to help the homeless
Ken Inouye - Oral Re: Agenda Item #46; amendments to the Orange County Human Relations
Commission were drafted without input from the Commission or their staff despite the numerous requests
made to staff; request dialogue and discussion with the Commission staff and/or community groups
before approving amendments to the Orange County Human Relations Commission
Rusty Kennedy - Oral Re: Agenda Item #46; offered to work with County Counsel, the AdHoc
Committee, Commission, OC Community Resources and non-profit to discuss bylaws amendments and
bring back to the Board for approval
Peter DeMarco - Oral Re: Orange County Business Council; supports Agenda Item S46B
Sarah Gregory - Oral Re: Legal Aid Society of Orange County; concerns with Agenda Item #40 and
provisions in the policy permitting deletion of transitory emails and texts at any time at the discretion of
County officials or employees
Sheena Innocente - Oral Re: Social Worker and homeless provider; advocate for housing funding; speak
out on the arrest of Mohammed Aly on the riverbed; County's augmented budget and placement of
leftover funds be used for permanent supportive housing; shooting in Huntington Beach related to
homelessness and lack of sustainable housing; wages are stagnant in Orange County; several models
successfully delivering housing first services in Los Angeles but need funding; opposes Agenda Item #40
Bryan Kaye - Oral Re: OC Sheriff civilian employee's use of position to threaten people and influence
criminalproceedings; forged plea agreements; reporting lies and fraud
Margaret - Oral Re: Advocate for the homeless; does not support Mohammed Aly's arrest; opposes
Agenda Item #40; homeless issue is a State of Emergency and use of Fairview Development Center
facility; oversight of cities and affordable housing for the homeless
Luis Hernandez - Oral Re: Court case regarding custody of his children; needs help to get custody of his
children; requests the Board look at his court case
BOARD APPOINTMENTS
1. Supervisor Nelson - Assessment Appeals Board No. 4 - Reappoint Steven Douglas White,
Anaheim, for term ending 9/6/20
4. Receive and file Semi-Annual Fund/Budget Control Report for FY 2016-17 - All
Districts
5. Receive and file Annual Reports of Cash Difference Funds, Cash Losses and Overage
Funds for FY 2016-17 - All Districts
6. Receive and file Annual Report of Revolving Funds for FY 2016-17 - All Districts
7. Approve PC 1000 Drug Program with various certified providers - All Districts
OC COMMUNITY RESOURCES
10. Approve appointment of County of Orange Director of Care Coordination or designee as the
Board ofSupervisors representative on the Bridges at Kraemer Place Community Advisory
Board - All Districts
41352 DELETED
OC PUBLIC WORKS
11. Approve Final Tract Map 17596; approve Subdivision Improvement Agreement S1707-220
with TheNew Home Company Southern California, LLC and accept bonds guaranteeing
construction; accept dedication of easement for public street and public utility purposes of
Topaz Street; and accept vehicular access rights to Esencia Drive and Suerte Street - District 5
12. Approve Easement Agreement with DMB San Juan Investment North, LLC, et al for revised
San JuanCreek Class I Bikeway; and approve quitclaim deeds to eliminate superseded portions
of the San Juan Creek Bikeway right-of-way - District 5
13. Acting as the Orange County Flood Control District - Approve Bikeways and Trails
agreement MA-080-18010066 with City of Placentia to operate and maintain existing and
future bikeways and pedestrian trails, 10-year term with automatic renewals up to total term of
50 years; authorize the Director or designee to carry out terms of agreement and to execute
future amendments under certain conditions; and make California Environmental Quality Act
and other findings - District 4
14. Acting as the Board of Supervisors and Orange County Flood Control District - Approve
fourEasement Deed and Agreement documents to Orange County Flood Control District; direct
Auditor-Controller to make journal voucher entries ($2,800); and authorize Director or
designee to execute related documents and perform related activities under certain conditions -
District 3
GENERAL ADMINISTRATION
15. Receive and file proposed Information Technology Sourcing Strategy - All Districts
16. Receive and file Report of Real Property Interests under Delegated Authority for
reporting period of 6/30/16 - 7/1/17 - All Districts
17. Receive and file Quarterly Information Technology Project Progress Detail Report for
FourthQuarter FY 2016-17 - All Districts
18. Chairwoman Steel - Adopt resolution supporting California EcoRestore and California
WaterFixPreferred Alternative
25134 APPROVED AS RECOMMENDED
NN
RESO: 17-113
END OF CONSENT CALENDAR
20. Sheriff-Coroner - Ratify retroactive acceptance of grant award from California Office of
EmergencyServices for Paul Coverdell Forensic Science Improvement Program ($75,000); and
authorize Sheriff-Coroner or designee to execute related documents - All Districts
15342 APPROVED AS RECOMMENDED
HEALTH CARE AGENCY
21. Approve selection of and agreements for Nutrition Education and Obesity Prevention
Program Projects, with America On Track for Buena Park City Project ($300,000) and Santa
Ana City Project ($550,000) and with Community Action Partnership of Orange County for La
Habra City Project ($300,000) and Anaheim City Project ($550,000), 10/1/17 - 9/30/18; and
authorize Director or designee to exercise cost contingency increase not to exceed 10% under
certain conditions and execute agreements - Districts 1, 2 and 4
12345 APPROVED AS RECOMMENDED
22. Approve amendment 3 to agreement with AIDS Services Foundation Orange County
($292,435 annually; cumulative total $6,878,121) and amendment 1 to agreement with Special
Service for Groups, Inc. ($15,000 annually; cumulative total $420,000) for HIV Care Services,
3/1/16 - 2/28/19; and authorize Director or designee to exercise cost contingency increase not
to exceed 10% under certain conditions and execute amendments - All Districts
34152 APPROVED AS RECOMMENDED
23. Ratify amendment 3 to standard agreement 15-10073 A03 with California Department of
Public Healthfor Women, Infants and Children Supplemental Nutrition Program, 10/1/15 -
9/30/19 ($20,210,456) - All Districts
13452 APPROVED AS RECOMMENDED
25. Ratify standard agreement 17-10252 with California Department of Public Health for
Childhood LeadPoisoning Prevention Program, 7/1/17 - 6/30/20 ($3,849,707); and authorize
Director or designee to execute Certification Regarding Lobbying, Contractor's Release form
upon submission of final invoice and State's CCC-307 Certification Clauses form - All Districts
15342 APPROVED AS RECOMMENDED
26. Approve selection of and agreements with Olive Crest ($2,967,343) and National Alliance on
MentalIllness Orange County ($782,680) for Parent Education and Family Support services,
10/1/17 - 6/30/20; and authorize Director or designee to exercise cost contingency increase not
to exceed 10% under certain conditions and execute agreements - District 1
14352 APPROVED AS RECOMMENDED
27. Approve agreement with IDS Group, Inc., for design and construction support services, 704
day term($528,113); approve agreement with Swinerton Builders, as Construction Manager At-
Risk for design phase services, 240 day term ($88,937) for Airport Operations Center Project;
authorize negotiation of agreement with Swinerton Builders for construction phase services
(not to exceed $6,000,000) and authorize Director or designee to execute agreement under
certain conditions; and make California Environmental Quality Act and other findings - District
2
25134 APPROVED AS RECOMMENDED
28. Receive bids and award contract to Griffith Company for Taxiway "B" Rehabilitation Project,
140 dayterm ($4,369,000) - District 2
21345 APPROVED AS RECOMMENDED
OC COMMUNITY RESOURCES
29. Consider first reading of "An Ordinance of the County of Orange, California Amending
Sections 4-1-23 and 4-1-95 of the Codified Ordinances of the County of Orange to Amend the
Definitions Applicable to Potentially Aggressive Dogs in the County and Make Various Other
Amendments to Facilitate the Implementation of Safety Restrictions on Such Dogs"; and set
second reading and adoption for 10/17/17 - All Districts (Continued first reading from 8/22/17,
Item 39; 9/12/17, Item 22)
12345 APPROVED OPTION 1
N N
30. Approve selection of agreements 17-28-0002-DRPA with Orange County Human Relations
Council,($825,000), 17-28-0001-DRPA with Community Service Programs, Inc. ($550,000),
17-28-0008-DRPA with Chapman University ($275,000) for dispute resolution services,
10/1/17 - 6/30/20; renewable for two additional one-year terms; and authorize Director or
designee to execute agreements and exercise cost contingency increase not to exceed 10%
under certain conditions - Districts 1, 2, 3 and 4 (Continued from 9/12/17, Item 25)
12345 APPROVED AS RECOMMENDED
OC PUBLIC WORKS
31. Adopt resolutions approving rescissions, revisions and new Records Retention Schedules for
OC Public Works, Auditor-Controller, Health Care Agency, and OC Community Resources;
rescinding retention schedules 332A, 333A, 334A, 335A, 336A, 337A, 338A, 339A, 340A,
341A and 342A for OC Public Works and 53B, 54B, and 55B for Health Care Agency;
approving new and revised retention schedules 332B, 333B, 334B, 335B, 336B, 337B, 340B,
and 341B for OC Public Works, 319C and 322C superseding 319B and 322B for Auditor-
Controller, and 377, 378, 379, 380 and 381 for OC Community Resources; authorizing
continued disposition of records in accordance with the schedules; and making California
Environmental Quality Act and other findings - All Districts (4/5 vote of the members present
and voting)
31452 APPROVED AS RECOMMENDED
RESO: 17-114 - 17-115
32. Approve Records Retention Schedule 287B for County Executive Office - Public Finance
Section tosupersede Schedule 287A; and authorize continued disposition of records in
accordance with the schedule - All Districts (4/5 vote of the members present and voting)
54132 APPROVED AS RECOMMENDED
Acting as the Board of Supervisors and Orange County Flood Control District:
33. Award Job Order Contracts to Pub Construction, Inc., Sol Construction, Inc., SJD&B,
Inc., Harry H. Joh Construction, Inc., Exbon Development, Inc., HYM Engineering,
Inc., MIK Construction, Inc., Bitech Construction Company, Inc., PALP, Inc. dba Excel
Paving Company, and KEC Engineering for general engineering services, 10/25/17 -
10/24/18 ($4,656,000 each); and authorize Director or designee to execute contracts -
All Districts
15342 APPROVED AS RECOMMENDED
34. Award Job Order Contracts to PALP, Inc. dba Excel Paving Company, All American
Asphalt,Harry H. Joh Construction, Inc., R.J. Noble Company, Pavement Coatings Co.,
MIK Construction, Inc., and Sully-Miller Contracting Company for pavement
maintenance services, 9/26/217 - 9/25/18 ($4,656,000 each); and authorize Director or
designee to execute contracts - All Districts
51342 APPROVED AS RECOMMENDED
35. Approve agreement MA-299-18010214 with Tetra Tech BAS, Inc. for landfill gas operation
andmaintenance services, South Region Landfills, 10/1/17 - 9/30/20 ($8,250,000) with option
to renew for two additional years ($2,750,000 per year); authorize County Procurement Officer
or authorized Deputy to execute agreement; and make California Environmental Quality Act
and other findings - District 5
53142 APPROVED AS RECOMMENDED
36. Approve amendment 1 to renew agreement MA-299-15010501 with Ron Dietz, Inc. dba
DietzHydroseeding Company for hydroseeding services, 11/23/17 - 11/22/18 ($350,000;
cumulative total $1,290,000); authorize County Procurement Officer or authorized Deputy to
execute amendment; and make California Environmental Quality Act and other findings -
Districts 3, 4 and 5
35142 APPROVED AS RECOMMENDED
37. Approve agreement MA-063-18010245 with BIT California LLC dba Document Fulfillment
Services for CalWIN client correspondence printing, postage and mailing services, 11/1/17 -
10/31/20 ($18,131,675); renewable for two additional one-year terms; and authorize County
Procurement Officer or authorized Deputy to execute agreement - All Districts
15342 APPROVED AS RECOMMENDED
GENERAL ADMINISTRATION
40. Adopt resolution approving County Records Management Policy, effective 12/1/17,
to supersede County Archives Policy and County Records Management Program dated
7/17/07, Electronic Records Management Policy and Email Management Guidelines
dated 12/21/09, and any other records retention related documents; approving County
Standard Administrative Records Retention Schedule 16C to supersede Records Control
Schedule 16B; authorizing continuing disposition of records in accordance with
approved Records Management Policy and Standard Administration Records Retention
Schedule 16C; and authorizing County Executive Office to make immaterial changes to
the County Records Management Policy as necessary; and making California
Environmental Quality Act and other findings - All Districts (4/5 vote of the members
present and voting)
14352 APPROVED AS RECOMMENDED
RESO: 17-120
41. Approve amendment 1 to lease agreement with Civic Center, LLC for office space
for CEO/Risk Management Division, Santa Ana, for five years through 9/30/22;
authorize Chief Real Estate Officer or designee to execute subsequent lease
amendments for non-monetary and/or monetary changes under certain conditions; and
delegate Chief Real Estate Officer or designee ability to exercise any option to extend
term of lease - District 1
14352 APPROVED AS RECOMMENDED
42. Select Chapman Investment Company LP and Guardian Investment Capital, LLC as
primary and TAIT & Associates, Inc. as alternate for lease and development of the
closed Coyote Canyon Landfill at 20661 Newport Coast Drive, Newport Beach;
authorize negotiation of agreements for Board approval; and make California
Environmental Quality Act and other findings - District 2
21345 APPROVED AS RECOMMENDED
43. Approve in concept issuance of short-term Taxable Pension Obligation Bonds for
early payment of County's FY 2018-19 employer pension obligation; and select KNN
Public Finance as municipal advisor and Orrick Herrington & Sutcliffe, LLP as bond
counsel - All Districts
41352 APPROVED AS RECOMMENDED
45. Approve FY 2016-17 Fourth Quarter Budget Report and related budget adjustments;
approveproposed organizational change for OC Campaign Finance and Ethics
Commission; approve amended FY 2017-18 County Events Calendar; approve updated
classifications and pay grades for specified Audiovisual Specialist, Legal Secretary,
Environmental Resources Specialist, Veterans Claims, Procurement, Nurse Practitioner,
Pharmacy Technician, and Pharmacist positions; approve new classification
specifications and pay grades for Animal Control Assistant and Surveyor positions; and
approve and adopt Side Letter agreement with Orange County Employee Association,
effective 9/29/17 - All Districts (R.A. 1, 2, 3 & 4 4/5 vote of the members present and
voting)
14352 APPROVED AS RECOMMENDED
46. Chairwoman Steel and Vice Chair Do - Approve amended bylaws of the Orange County
HumanRelations Commission
21345 CONTINUED TO 10/31/17, 9:30 A.M.
S46A. District Attorney - Adopt resolution approving grant awards from State Office of Traffic
Safety forAlcohol and Drug Impaired Driver Vertical Prosecution Program, 10/1/17 - 9/30/18
($672,541) and Traffic Safety Resource Prosecutor Training Network, 10/1/17 - 9/30/18
($594,670); authorize District Attorney or designee to execute agreements and amendments
under certain conditions; and make California Environmental Quality Act and other findings -
All Districts
31452 APPROVED AS RECOMMENDED
RESO: 17-121
GENERAL ADMINISTRATION
S46B. Supervisor Spitzer - Adopt resolution supporting the City of Irvine in its bid to secure
AmazonHQ2
32145 APPROVED RESOLUTION AS AMENDED (COPY OF AMENDED RESOLUTION
ON FILE WITH THE CLERK OF THE BOARD)
RESO: 17-122
S46C. Auditor-Controller - Adopt resolution revising property tax rate for Newport-Mesa Unified
SchoolDistrict General Obligation Bonds, Election 2000, Series 2012 Refunding General
Obligation Bonds for FY 2017-18 - District 2
14352 APPROVED AS RECOMMENDED
RESO: 17-123
S46D. Approve Grant agreement with CalOptima for reimbursement of Recuperative Care services
providedthrough Whole Person Care Pilot Program, 10/1/17 - 12/31/20; and authorize Director
or designee to execute agreement - All Districts
54132 APPROVED AS RECOMMENDED
S46E. Sheriff-Coroner - Approve declaration of emergency and make findings pursuant to Public
ContractCode 22050(a)(1)(2) at Theo Lacy Facility for repair to inoperable elevator used for
public, legal visits and emergency egress for inmates; award contract to Specialized Elevator
Corporation; set review to determine need for continuing local emergency for 10/17/17, 9:30
a.m. and every regularly scheduled meeting thereafter until terminated; and make California
Environmental Quality Act and other findings - District 3 (4/5 vote of the members present)
34152 APPROVED AS RECOMMENDED
47. Public Hearing to consider adopting resolution approving Driving Under the Influence Program
Feeupdate, $77 effective upon Board approval and $80 effective 7/1/18; superseding and
rescinding Resolution 12-159; authorizing HCA to make an annual fee adjustment effective
July 1 of each year, starting in 2019, that increases fee by an amount not to exceed the annual
percentage change in the Consumer Price Index; direct HCA to return to the Board if any fee
study indicates that actual costs have reduced to level below revenue generated; and making
California Environmental Quality Act and other findings - All Districts (Continued from
8/8/17, Item 27; 8/22/17, Item 56; 9/12/17, Item 37)
B.O. CLOSED PUBLIC HEAERING
51342 NO ACTION TAKEN; DIRECTED HEALTH CARE AGENCY TO WORK WITH CEO
IT AND TO RETURN TO THE BOARD WITH A PROPOSAL FOR A
COMBINATION OF AN AUTOMATED SYSTEM WITH APPROPRIATE STAFFING
LEVELS THAT WOULD INCLUDE ENROLLMENT AND TRACKING PROVISIONS
GENERAL ADMINISTRATION
County Counsel:
SCS3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
INITIATION OF LITIGATION - Pursuant to Government Code Section
54956.9(d)(4):
Number of Cases: One Case
B.O. HELD, COUNTY COUNSEL READ: THE BOARD BY A UNANIMOUS VOTE,
APPROVED A PROPOSED SETTLEMENT WITH SILVERADO STAGES,
INC. THE PROPOSED SETTLEMENT REMAINS SUBJECT TO FINAL
APPROVAL OF OTHERS. AS SOON AS THE PROPOSED SETTLEMENT
BECOMES FINAL, DETAILS WILL BE MADE AVAILABLE IN THE OFFICE
OF COUNTY COUNSEL TO ANY PERSON WHO INQUIRES.
County Counsel:
BOARD COMMENTS:
None
1. Supervisor Do A. Abstained
2. Supervisor Steel X. Excused
3. Supervisor Spitzer N. No
4. Supervisor Nelson BO Board Order
5. Supervisor Bartlett
ORD. = Ordinance
RESO. = Resolution
Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)
Bid Summary
BID OPENING DATE: 11/8/17
BID NUMBER: 080-C017028-NM Awarded Contractors
JOC FOR PAINTING SERVICES
4- RESPONSIVE BIDS RECEIVED
Interlog Corporation DBA Interlog CTG Construction, Inc. DBA
Respondent Name Construction Harry H. Joh Construction, Inc. C.T. Georgiou Painint Co. AJ Fistes Corporation
Ranking: 1 2 3 4
Line Bid Line Description Factor Factor Factor Factor
1 Normal Working 0.6050 0.7000 0.9000 0.8999
2 Other Than Normal 0.6051 0.7000 0.9500 1.1000
3 Composite Factor 0.6050 0.7000 0.9100 0.9399
Contractor Name Registration Number License Number Registration Date Expiration Date Trade
Page 1 of 5
Attachment K
Respondent Telephone
Comments
Page 2 of 5
Attachment K
Contractor Name Registration Number License Number Registration Date Expiration Date Trade
Interlog Corporation DBA Interlog General Contracting
1000004696 946823 6/16/2017 6/30/2018
Construction Services
General Contracting
SJD & B, Inc. 1000030237 1001950 5/8/2017 6/30/2018
Services
General Contracting
MIK Construction Inc. 1000003181 921766 5/8/2017 6/30/2018
Services
General Contracting
Pub Constrction, Inc. 1000005407 788668 5/4/2017 6/30/2018
Services
General Contracting
Vincor Construction, Inc. 1000009803 763743 5/11/2017 6/30/2018
Services
Page 3 of 5
Attachment K
Contractor Name Registration Number License Number Registration Date Expiration Date Trade
Environmental Remediation Contractors,
1000014579 803905 5/4/2017 6/30/2017 Asbestos
Inc.
Miller Environmental, Inc. 1000000628 772797 5/8/2017 6/30/2018 Asbestos
Page 4 of 5
Attachment K
Contractor Name Registration Number License Number Registration Date Expiration Date Trade
Harry H. Joh Construction, Inc. 1000001675 469845 5/15/2017 6/30/2018 Plumbing
Page 5 of 5
7/28/2018 cams.ocgov.com/Web_Publisher/agenda12_12_2017.htm
A G E N D A
REGULAR MEETING OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
MICHELLE STEEL
CHAIRWOMAN
Second District
http://cams.ocgov.com/Web_Publisher/agenda12_12_2017.htm 1/7
7/28/2018 cams.ocgov.com/Web_Publisher/agenda12_12_2017.htm
I. PRESENTATIONS/INTRODUCTIONS (None)
At this time, members of the public may address the Board of Supervisors on any (or multiple) items on the agenda
(excluding public hearings) or on any issue that is within the subject matter jurisdiction of the Board. Comments shall be
limited to three minutes per person unless different time limits are set by the Chairman subject to the approval of the
Board.
All matters are approved by one motion unless pulled by a Board Member for discussion or separate action.
1. Auditor-Controller - Approve Internal Audit Quarterly Activity Status Report for July - September 2017 -
All Districts (Continued from 11/14/17, Item 4)
2. Sheriff-Coroner - Approve amendment 6 to renew contract MA-060-14010447 with VCA Yorba Regional
Animal Hospital, Inc. for veterinary and boarding services, 12/20/17 - 12/19/18 ($165,000; cumulative
total $686,000); and authorize County Procurement Officer or authorized Deputy to execute amendment -
All Districts
OC COMMUNITY RESOURCES
3. Approve amendment 1 to sponsor agreement OCP 14-003 with Orange County Conservation Corps for
maintenance of OC Parks, 2/1/18 - 1/31/19 - All Districts
4. Receive and file FY 2016-17 Housing Successor Agency Annual Report; and authorize Director or
designee to make any necessary adjustments, based on final Comprehensive Annual Financial Report - All
Districts
5. Approve amendment 2 to contract 16-23-0034 PFI with the City of Stanton for Public Facilities and
Improvement Community Development Block Grant, extending to 6/30/18; and authorize Director or
designee to execute amendment - District 2
6. Accept donation of $17,255 from Friends of the Aliso Viejo Library to offset cost of design and remodel
former cafe space into a Maker Space, Aliso Viejo Branch Library - District 5
OC PUBLIC WORKS
7. Receive bids and award contract MA-012-18010755 to PVL Signs & Graphics Inc. for
fabricate/installation of signage for OC Parks Sign Program ($350,000); and authorize Director or designee
to execute contract - All Districts
8. Receive and file FY 2016-17 Development Fee Deposit Balance Reports; and make related findings - All
Districts
9. Approve cooperative agreement C-7-1827 with Orange County Transportation Authority, City of Lake
Forest and City of Mission Viejo for El Toro Regional Traffic Signal Synchronization Project, ($11,968);
and make California Environmental Quality Act and other findings - Districts 3 and 5
10. Acting as the Orange County Flood Control District - Approve offer and agreement to purchase real
property and quitclaim deed with Jack Daryl Smith and Gloria Kay Smith for sale of 918 square-foot
Orange County Flood Control District owned parcel ($16,065); and make California Environmental
Quality Act and other findings - District 3
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11. Approve non-financial Memorandum of Understanding with California Department of Child Support
Services for access to Child Support Enforcement System, 1/1/18 - 12/31/20 - All Districts
GENERAL ADMINISTRATION
12. Clerk of the Board - Adopt resolution approving list of recurring Board resolutions for 2018 and
authorizing the Chair or other Supervisor to draft and execute said resolutions - All Districts
13. County Executive Office - Acting as the Legislative Body of the Community Facilities Districts - Receive
and file Community Facilities Districts 2001-1, 2002-1, 2003-1, 2004-1, 2015-1 and 2016-1 Report,
pursuant to Local Agency Special Tax and Accountability Act - District 5
END OF CONSENT CALENDAR
Sheriff-Coroner:
14. Approve contract MA-060-18010753 with Hunter Consulting, Inc. dba HCI Environmental &
Engineering Service for replacement and disposal of lead contaminated and bio-hazard filters, two
year term ($1,400,000); renewable for three additional one-year terms; and authorize County
Procurement Officer or authorized Deputy to execute contract - All Districts
15. Approve contract MA-060-18010794 with Specialized Elevator Corporation for elevator and
escalator preventive maintenance and repair services, 12/12/17 - 12/11/20 ($1,600,000);
renewable for two additional one-year terms; and authorize County Procurement Officer or
authorized Deputy to execute contract - All Districts
16. Receive and file status report and approve continuance of local emergency related to Canyon 2
Fire; and set review to determine need for continuing local emergency for 1/9/18, 9:30 a.m. and
every 30 days thereafter - All Districts (Continued from Special Meeting 10/12/17, Item 1;
10/17/17, S38C; 11/14/17, Item 16; 12/5/17, Item 30)
17. Receive and file status report and approve continuance of local emergency related to Theo Lacy
Facility for repair to inoperable elevator used for public, legal visits and emergency egress for
inmates; set review to determine need for continuing local emergency for 1/9/18, 9:30 a.m. and
every regularly scheduled meeting thereafter until terminated - District 3 (4/5 vote of the members
present) (Continued from 9/26/17, Item S46E; 10/17/17, Item 22; 10/31/17, Item 13; 11/14/17,
Item 17; 12/5/17, Item 31)
18. Treasurer-Tax Collector - Consider second reading and adoption of "An Ordinance of the County of
Orange, California Adding Section 1-4-57 of the Codified Ordinances of the County of Orange,
Authorizing the Treasurer-Tax Collector to Cancel Supplemental Tax Bills Where the Tax is Fifty Dollars
or Less" - All Districts (Continued from 12/5/17, Item 33)
19. Ratify grant agreement 17-10336 with California Department of Public Health for Immunization Local
Assistance Grant, 7/1/17 - 6/30/22 ($688,962; cumulative total $3,444,810); and authorize Director or
designee to execute agreement and related documents - All Districts
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20. Approve grant agreement 17-10711 with California Department of Public Health for Local Oral Health
Program, 1/1/18 - 6/30/22 ($749,810; cumulative total $3,749,050); authorize Director or designee to
execute agreement and related documents; approve contract MA-042-18010820 with Center for Oral
Health for Community Oral Health Needs Assessment, 1/15/18 - 6/30/20 ($450,000); renewable for two
additional one-year terms ($100,000 per year; cumulative total $650,000); and authorize County
Procurement Officer or authorized Deputy to execute contract and exercise cost contingency increase not to
exceed 10% under certain conditions - All Districts
21. Approve amendment 3 to contract with Orange County Health Authority dba CalOptima for coordination
and provision of Behavioral Health Care Services, 1/1/18 - 6/30/18; renewable for four additional one-year
terms; and authorize Director or designee to execute amendment - All Districts
OC COMMUNITY RESOURCES
22. Approve amendment 1 to contract 17-23-0045-PS with Kingdom Causes, Inc. dba City Net for Santa Ana
Flood Control Channel Engagement Initiative services, 7/1/17 - 6/30/18 ($720,000, cumulative total
$1,444,000); authorize Director or designee to execute amendment, related documents and exercise cost
contingency increase not to exceed 10% under certain conditions - All Districts
23. Acting as the Orange County Housing Authority - Adopt Orange County Housing Authority
Administrative Plan; authorize Director of Orange County Housing Authority or designee to finalize and
transmit plan to U.S. Department of Housing and Urban Development; and authorize use of Fund 15F-
8050-HV17 for housing assistance payments - All Districts
OC PUBLIC WORKS
24. Approve amendment 1 to contract MA-080-16010981 with West Coast Air Conditioning Company, Inc.
for Central Utility Facility Infrastructure Upgrades Project ($1,980,000; revised total $61,144,835);
authorize Director or designee to execute amendment; and authorize Chief Engineer to adopt plans,
specifications and working details for remaining phases - District 1
25. Award Job Order Contracts to Interlog Corporation dba Interlog Construction, SJD&B, Inc., MIK
Construction, Inc., Pub Construction, Inc., and Vincor Construction, Inc. for general contracting services,
Interlog Corporation dba Interlog Construction and Harry H. Joh Construction, Inc. for painting services,
Environmental Remediation Contractors, Inc. and Miller Environmental, Inc. for asbestos removal &
decontamination services, and Harry H. Joh Construction, Inc. for plumbing services, 12/13/17 - 12/12/18
($4,640,000 each); authorize Director or designee to execute contracts; and make California Environmental
Quality Act findings - All Districts
26. Approve Design Phase Services contract MA-080-18010525 with West Coast Air Conditioning Company,
Inc. for construction manager at-risk services for OC Data Center Cooling Plant Refresh Project
($142,380.31); and authorize Director or designee to execute contract - District 1
27. Authorize county staff to negotiate with Southern California Edison to purchase 1,767 streetlights within
unincorporated areas - All Districts
28. Approve contracts MA-080-18010603 with Tetra Tech, Inc., and MA-080-18010604 with Pacific
Advanced Civil Engineering, Inc., MA-080-18010605 with Stantec Consulting Services, Inc., MA-080-
18010606 with HDR Engineering, Inc., MA-080-18010607 with Michael Baker International, Inc., MA-
080-18010608 with CH2M Hill Engineers, Inc., MA-080-18010609 with Moffatt & Nichol, Inc., MA-080-
18010778 with WRC Consulting Services, Inc., and MA-080-18010779 with David Evans and Associates,
Inc. for on-call flood control engineering services, three-year term ($2,500,000 each; aggregate total
$22,500,000) with option to renew two additional years; authorize Director or designee to execute
contracts; and make California Environmental Quality Act and other findings - All Districts
29. Approve contracts MA-080-18010600 with HDR Engineering, Inc., MA-080-18010601 with Mark
Thomas and Company, Inc., and MA-080-18010602 with GHD Inc. for on-call road/bridge and traffic
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engineering services, three-year term ($1,500,000 each; aggregate total $4,500,000) with option to renew
two additional years; authorize Director or designee to execute contracts; and make California
Environmental Quality Act and other findings - All Districts
30. Approve contracts MA-080-18010598 with Kleinfelder, Inc., and MA-080-18010599 with GMU
Geotechnical, Inc. for architect-engineer on-call construction support services - geotechnical and materials
testing, three-year term ($1,500,000 each; aggregate total $3,000,000) with option to renew two additional
years; authorize Director or designee to execute contracts; and make California Environmental Quality Act
and other findings - All Districts
31. Approve contracts MA-080-18010561 with Tetra Tech BAS, Inc., MA-080-18010562 with Geosyntec
Consultants, Inc., MA-080-18010563 with Geologic Associates, Inc., MA-080-18010565 with Advanced
Earth Sciences, Inc., and MA-080-18010566 with SWT Engineering, Inc. for architect-engineer on-call
landfill services, three-year term ($1,500,000 each; aggregate total $7,500,000) with option to renew two
additional years; authorize Director or designee to execute contracts; and make California Environmental
Quality Act and other findings - All Districts
32. Approve contract MA-299-18010702 with Paradigm Software, LLC for software support services,
purchase and installation of new credit card payment module, WeighPay and signature capture module,
customization services and continuation of software license of landfill fee collection system, 1/1/18 -
12/31/20 ($513,566.53); with option to renew for two additional one-year terms; and authorize County
Procurement Officer or authorized Deputy to execute contract - All Districts
33. Approve amendment 1 to agreement FKV1315 with The Raise Foundation, Children's Bureau of Southern
California, Human Options, Inc., and Mission Hospital Regional Medical Center for services promoting
safe and stable families at Families and Communities Together South Orange County Family Resource
Center, 7/1/15 - 6/30/20 ($109,221; cumulative total $2,489,686) - District 5
34. Approve amendment 2 to contracts MA-063-18010734 with Staff4jobs LLC dba Lyneer Staffing Solutions
($634,268; cumulative total $4,629,240) and MA-063-18010749 with Lloyd Staffing, Inc. ($797,951;
cumulative total $3,344,453) for temporary help services, 2/1/18 - 1/31/19; and authorize County
Procurement Officer or authorized Deputy to execute amendments - All Districts
35. Approve Memorandum of Understanding (MOU) WCD0817 with Pechanga Band of Luiseño Mission
Indians for Tribal Temporary Assistance to Needy Families program, 12/13/17 - 5/31/20; approve license
agreement for ease of access to services for impacted clients; authorize Director or designee to execute
MOU; authorize Chief Real Estate Officer or designee to execute amendments to license agreement under
certain conditions; and make California Environmental Quality Act and other findings - All Districts
GENERAL ADMINISTRATION
36. Approve recommended positions on introduced or amended legislation and consider other
legislative subject matters - All Districts
37. Approve grant applicants/awards submitted in 12/12/17 grants report and other actions as
recommended - All Districts
38. Acting as the Legislative Body of Community Facilities Districts 99-1, 2000-1 and 2001-1
(Ladera Ranch) - Adopt resolutions authorizing issuance of 2018 Special Tax Refunding Bonds
for Community Facilities District 99-1 ($16,500,000), Community Facilities District 2000-1
($21,500,000) and Community Facilities District 2001-1 ($27,000,000); and approve related
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documents; Acting as the Board of Directors of the South Orange County Public Financing
Authority - Adopt resolution authorizing issuance of Special Tax Revenue Refunding Bonds in
one or more Series ($65,000,000); approve related documents; and approve related budget
adjustments - District 5 (RA 5 4/5 vote of the members present)
39. Receive and file 2017 Strategic Financial Plan - All Districts
40. Adopt resolution authorizing issuance of a Pension Obligation Debenture, issuance and sale of
short-term Taxable Pension Obligation Bonds, 2018 Series A ($406,000,000); and execution and
delivery of Eighth Supplemental Trust agreement and Bond Purchase agreement; and authorizing
Public Finance Director to execute all related documents; approve related budget adjustments and
related payments; and make related findings - All Districts (RA 2 4/5 vote of the members
present)
41. Adopt resolutions declaring intention to levy reassessments and issue refunding bonds and
reassessment report for Reassessment District 17-1R (Newport Coast Phase IV); and adopt
resolution authorizing issuance of ($32,055,000) County of Orange Reassessment District No. 17-
1R (Newport Coast Phase IV) Limited Obligation Improvement Refunding Bonds; and approving
execution and delivery of Indenture of Trust, Escrow agreement, Bond Purchase agreement and
Continuing Disclosure Certificate; approve related budget adjustments; and make related findings
- District 2 (RA 4 4/5 vote of the members present)
42. Human Resource Services - Approve contract MA-017-18010683 with William C. McCaughey dba
Innovative TDM Solutions for County's Commuter Assistance Program services, 1/1/18 - 12/31/20
($764,397); renewable for two additional one-year terms; and authorize County Procurement Officer or
authorized Deputy to execute contract - All Districts
OC PUBLIC WORKS
43. Public Hearing to consider reading and adoption of "An Uncodified Ordinance of the County of Orange,
State of California Adopting Zone Change 16-04 and Rezoning Certain Land from the AR-20000
Agricultural Residential District to the AR-10000 (PD-10000) Agricultural Residential District with
Planned Development Overlay District"; adopt resolution to certifying Final Environmental Impact Report
No. 629 and making other findings; and adopt resolution approving Use Permit PA160051 for planned
development and making related findings - District 3
The Board will break for lunch at approximately 12:00 PM and may consider closed session matters during that break.
The Board will then resume to handle any remaining business if necessary.
GENERAL ADMINISTRATION
CS-1. Human Resource Services - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government
Code Section 54957.6:
Agency Negotiator: Brenda Diederichs
Employee Organizations: Association of County Law Enforcement Management (ACLEM), American
Federation of State, County and Municipal Employees (AFSCME), Association of Orange County Deputy
Sheriffs (AOCDS), International Brotherhood of Teamsters, Local 952, In-Home Supportive Services
(IHSS), International Union of Operating Engineers (IUOE), Orange County Attorneys Association
(OCAA), Orange County Employees Association (OCEA), Orange County Managers Association
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BOARD COMMENTS:
At this time, members of the Board of Supervisors may comment on agenda or non-agenda matters and ask questions of or
give directions to staff; provided that NO action may be taken on off-agenda items unless authorized by law.
ADJOURNED:
NEXT MEETINGS:
December 19, 2017 No Scheduled Meeting
December 26, 2017 No Scheduled Meeting
January 2, 2018 No Scheduled Meeting
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Attachment G
County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
THIS Job Order Contract MA-080-18010867 for Painting Services (hereinafter referred to as
“Contract”) is made and entered into as of the date fully executed by and between County of Orange, a
political subdivision of the State of California, (hereinafter referred to as “County”) and Harry H. Joh
Construction, Inc., (hereinafter referred to as “Contractor”), which are sometimes individually
referred to as (“Party”), or collectively referred to as (“Parties”).
RECITALS
WHEREAS, County and Contractor are entering into this Contract for Painting Services
under a Usage Contract; and,
WHEREAS, County solicited Painting Services as set forth herein, and Contractor has
represented that it is qualified and capable to provide Painting Services to the County as further set
forth herein; and,
WHEREAS, Contractor agrees to provide Painting Services to the County 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. Adjustment Factor: The Bidder’s competitively bid price adjustment to the unit prices published
in the Construction Task Catalog®.
2. 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.
3. 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.
4. Construction Task Catalog® (CTC): 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.
5. 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
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Attachment G
County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management
Practices (BMPs) that parties using properties within Orange County must adhere to.
6. 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.
7. Final Acceptance: All Work as 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
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Other Than Normal Working Hours: means Work done between the hours of 5:00 PM to 7:00
AM, on week days and any times during Saturday, Sunday, and County holidays.
15. Project: The Work to be performed by Contractor on behalf of County pursuant to this Contract
as described in individual Job Orders.
16. Request for Quote (RFQ): The County’s Request for Quote for a specific Job Order.
17. 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.
18. 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.
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Attachment G
County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
ARTICLES
1. Scope of Contract: This Contract, including Attachments, specifies the contractual terms and
conditions by which the Contractor will provide Painting Services under a Usage Contract, as set
forth in the Scope of Work identified as Attachment A to this Contract.
2. Term: This Contract shall become effective December 13, 2017 if all necessary signatures have
been executed by that date, or upon execution of all necessary signatures if execution occurs
after December 13, 2017, and shall continue for one (1) year from said date or execution,
whichever is later, or until the total Contract amount is reached, or unless otherwise terminated
as provided herein. Dates are in accordance with prior year’s contract expiration
3. 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.
4. County's Representatives:
A. The Contract will be under the general direction of the Board of Supervisors. OC Public
Works 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, or OC Public Works, 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
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Attachment G
County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
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 insure 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.
5. 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. Superintendence: 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.
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Attachment G
County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
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. Superintendence and 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.
6. 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.
7. Child Support Enforcement Requirements: Contractor is required to comply with the child
support enforcement requirements of the County. Failure of the Contractor to comply with all
federal, state, and local reporting requirements for child support enforcement or to comply with
all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall
constitute a material breach of the Contract. Failure to cure such breach within 60 calendar days
of notice from the County shall constitute grounds for termination of the Contract.
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: The Contractor shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interests of the County. This
obligation shall apply to the Contractor; the Contractor’s employees, agents, and relatives;
subcontractors; and third parties associated with accomplishing work and services hereunder.
The Contractor’s efforts shall include, but not be limited to establishing precautions to prevent
its employees or agents from making, receiving, providing or offering gifts, entertainment,
payments, loans or other considerations which could be deemed to appear to influence
individuals to act contrary to the best interests of the County.
10. 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.
11. 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
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Harry H. Joh Construction, Inc.
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.
12. 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.
13. 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.
14. 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 spokespersons for County projects
without first obtaining permission from the County Project Manager.
15. 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.
16. 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.
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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.
17. 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.
18. 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.
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.
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.
19. 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
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Harry H. Joh Construction, Inc.
prior to the execution of this Contract, unless such understanding or representations by the
County are expressly stated in the Contract.
20. 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.
21. Protection: The Contractor shall take proper safety and health precautions to protect the Work,
the workers, the public, and the property of others. He 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
OC Public Works. Contractor's and subcontractors' employees shall possess means of
identification at all times as required by OC Public Works 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 OC Public Works. Any dispute as to compensation claimed by the
Contractor on account of emergency Work shall be determined by agreement as hereinafter set
forth.
OC Public Works 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
OC Public Works shall not relieve the Contractor of responsibility.
If the Contractor fails or refuses to comply promptly, OC Public Works 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.
22. 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 (“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
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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 property resulting from defects or obstructions or from any cause
whatsoever during the progress of the Project or at any time before its completion and final
acceptance.
The Contractor shall indemnify, defend with counsel approved in writing by County and save
harmless the County Indemnitees from all claims, suits or actions of every name, kind and
description, brought for, or on account of, injuries to or death of any person or damage to
property resulting from the construction of the Project or by or in consequence of any negligence
in guarding the Project; use of improper materials in construction of the Project; or by or on
account of any act or omission by the Contractor or his agents during the progress of the Work or
at any time before the completion and final acceptance of the Project.
In addition to any remedy authorized by law, so much of the money due the Contractor under
and by virtue of the Contract as shall be considered necessary by the County may be retained by
it until disposition has been made of such suits or claims for damages as aforesaid.
If judgment is entered against Contractor and County by a court of competent jurisdiction
because of the concurrent active negligence of County and County Indemnitees, Contractor and
County agree that liability will be apportioned as determined by the court. Neither Party shall
request a jury apportionment.
Notwithstanding anything stated above, nothing contained herein shall relieve Contractor of any
insurance requirements of obligations created elsewhere in this Contract.
23. Other Contracts: The Board of Supervisors may undertake or award other contracts for
additional Work, and the Contractor shall fully cooperate with such other contractors and County
employees and carefully fit his own Work to such additional Work as may be directed by OC
Public Works. The Contractor shall not commit or permit any act, which will interfere with the
performance of Work by any other contractor or by County employees.
24. Breach of Contract: The failure of the Contractor to comply with any of the provisions,
covenants or conditions of this Contract, shall constitute a material breach of this Contract. In
such event the County may, and in addition to any other remedies available at law, in equity, or
otherwise specified in this Contract:
i. Afford the Contractor written notice of the breach and ten calendar days or such shorter
time that may be specified in this Contract within which to cure the breach;
ii. Discontinue payment to the Contractor for and during the period in which the Contractor
is in breach and offset against any monies billed by the Contractor but yet unpaid by the
County those monies disallowed pursuant to the above.
iii. Terminate the Contract immediately without penalty.
25. Orderly Termination: Upon termination or other expiration of this Contract, each Party shall
promptly return to the other Party all papers, materials, and other properties of the other held by
each for purposes of execution of the Contract. In addition, each Party will assist the other Party
in orderly termination of this Contract and the transfer of all assets, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each Party.
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Harry H. Joh Construction, Inc.
26. Wage Rates: Pursuant to the provisions of Section 1773 of the Labor Code of the state of
California, the Contractor shall comply with the general prevailing rates of per diem wages and
the general prevailing rates for holiday and overtime wages in this locality for each craft,
classification, or type of worker needed to execute this Contract. The rates are available from
the Director of the Department of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DpreWageDetermination.htm. The Contractor shall post a copy of
such wage rates at the jobsite and shall pay the adopted prevailing wage rates. The Contractor
shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.
Travel and subsistence payments to each workman needed to execute the Work shall be made as
such travel and subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Section 1773.8 of the Labor Code.
The County will not recognize any claim for additional compensation because of the payment by
the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract.
The possibility of wage increases is one of the elements to be considered by the Contractor in
determining his bid, and will not under any circumstances be considered as the basis of a claim
against the County on the Contract.
Pursuant to Section 1725.5 of the Labor Code, a contractor shall be registered to be qualified to
bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any public work contract that is subject to the
requirements of this chapter. For the purposes of this section, “contractor” includes a
subcontractor as defined by Section 1722.1.
It is not a violation of this section for an unregistered contractor to submit a bid that is authorized
by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the
Public Contract Code, provided the contractor is registered to perform public work pursuant to
Section 1725.5 at the time the contract is awarded.
The County will not accept a bid nor enter any contract or subcontract without proof of the
contractor or subcontractor’s current registration to perform public work pursuant to Section
1725.5.
Any job orders issued under this Contract may be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. The prime contractor shall post job site
notices, as prescribed by regulation. Each contractor and subcontractor shall furnish the records
specified in Section 1776 directly to the Labor Commissioner.
The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it
shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices
solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except
as provided in Section 3077.
27. Wage Rate Penalty: Pursuant to the provisions of the Labor Code Section 1775, the Contractor
shall forfeit to the County, as a penalty, the sum of Twenty-five Dollars ($25) for each calendar
day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the
stipulated prevailing rates for Work done under this Contract, by Contractor or by
subcontractors, in violation of the provisions of this Contract.
28. Payroll Records: CONTRACTOR and any Subcontractor(s) shall comply with the
requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish
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the records specified in Section 1776 directly to the Labor Commissioner in an electronic format,
or other format as specified by the Commissioner, in the manner provided by Labor Code
Section 1771.4.
CONTRACTOR and any Subcontractor(s) shall comply with the provisions of Labor Code
Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general
prevailing rates of per diem wages and holiday and overtime wages as determined by the
Director of Industrial Relations. CONTRACTOR shall post a copy of these wage rates at the job
site for each craft, classification, or type of worker needed in the performance of this Contract, as
well as any additional job site notices required by Labor Code Section 1771.4(b). Copies of
these rates are on file at the principal office of COUNTY’s representative, or may be obtained
from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at
www.dir.ca.gov. If the Contract is federally funded, CONTRACTOR and any Subcontractor(s)
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shall not pay less than the higher of these rates or the rates determined by the United States
Department of Labor.
29. Work Hour Penalty: Eight hours of labor constitute a legal day's Work, and forty hours
constitute a legal week's Work. Pursuant to Section 1813 of the Labor Code of the State of
California, the Contractor shall forfeit to the County Twenty Five Dollars ($25) for each worker
employed in the execution of this Contract by the Contractor or by any subcontractor for each
calendar day during which such worker is required or permitted to Work more than the legal
day's or week's Work, except that Work performed by employees of said Contractor and
subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon
the payment of compensation to the workers for all hours worked in excess of eight hours per
day of not less than 1-1/2 times the basic rate of pay.
30. Registration of Contractors: Contractor and all subcontractors must comply with the
requirements of labor code section 1771.1(a), pertaining to registration of contractors pursuant to
section 1725.5. Registration and all related requirements of those sections must be maintained
throughout the performance of the Contract.
31. Withholding of Wage Differentials: The County may withhold from the Contractor as much of
any accrued payments as may be necessary to pay laborers, craft workmen and mechanics
employed on the Project any difference between the rate of wages required to be paid pursuant to
California law and the rate of wages actually paid to such laborers, craft workmen and
mechanics.
32. Craft Labor Time Records: The Contractor shall keep full, true and accurate records of the
names and actual hours worked by the respective workers and laborers employed under this
Contract in accordance with California Labor Code and shall allow access to the same any
reasonable hour to the County, its agents or representatives and to any person having the
authority to inspect the same as contemplated under the provisions of said California Labor
Code, or when requested by the County.
Eight (8) hours of labor shall constitute a legal day’s Work. The Contractor shall comply with
Labor Code regarding legal day’s Work and overtime.
33. Non-Discrimination: In the performance of the terms of this Contract, Contractor agrees that
he will not engage in nor permit such subcontractors as he may employ to engage in
discrimination against any employee or applicant for employment on the basis of race, sex,
color, religion, ancestry, national origin, marital status, age or as an otherwise qualified
handicapped individual. This prohibition shall pertain to employment, upgrading, demotion, or
transfer; recruitment advertising; layoff or termination; rates of pay and other forms of
compensation; selection for training, including apprenticeship; and any other action or inaction
pertaining to employment matters.
34. Assignment Of Antitrust Actions: In accordance with Public Contract Code, Section 7103.5,
by entering into this Contract or into a subcontract to supply goods, services, or materials
pursuant to this Contract, the Contractor, or subcontractor, offers and agrees to assign to the
County all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with
Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to this Contract or the subcontract. This
assignment shall be made and become effective at the time the County tenders final payment to
the Contractor, without further acknowledgment by the parties. The Contractor shall cause to be
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inserted in any such subcontract stipulations to effectuate this Clause and the provisions of
Public Contract Code, Section 7103.5.
35. Substituted Security: In accordance with Section 22300 of the Public Contract Code, the
County will, at the request and expense of the Contractor, accept securities equivalent to any
amount withheld by the County to ensure performance under this Contract, including, but not
limited to, the amount withheld under Attachment B, Paragraph IV of the Contract. Such
substituted security must meet the requirements of said Section 22300, and shall be deposited
with a California or federally chartered bank as escrow agent. The security shall be held by the
escrow agent subject to a written escrow agreement between County, Contractor, and escrow
agent, which Contract shall be in a for substantially similar to that contained in Public Contract
Code, Section 22300.
36. Apprentices: The Contractor shall familiarize himself with the provisions of Section 1777.5 of
the Labor Code regarding employment of apprentices, and shall be responsible for compliance
therewith, including compliance by his subcontractors.
Contractor agrees to comply with the provisions of Labor Code Section 1777.5 and any other
applicable laws or regulations, including but not limited to, 8 California Code of Regulations,
Section 230.1(A), pertaining to apprentices. Section 1777.5 shall not apply to contracts of
general contractors or to contracts of specialty contractors not bidding for Work through a
general or prime contractor when the contracts of general contractors or those specialty
contractors involve less than Thirty Thousand Dollars ($30,000).
Contractor and subcontractor shall comply with Section 1777.6 of the Labor Code which
stipulates that an employer or a labor union shall not refuse to accept otherwise qualified
employees as registered apprentices on any public works on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as provided in Section 3077 of the Labor Code and
Section 12940 of the Government Code.
37. Liquidated Damages: Timely Completion of services provided under this Contract is of the
essence. Should the Contractor fail to substantially complete the Work specified in the Job Order
in accordance with the approved construction schedule, and provided the Contractor has not
previously obtained a written extension of time from the County in accordance with this
Contract, a sum appropriate with the following schedule may be deducted from each succeeding
request for payment as liquidated damages on each Job Order if applicable.
Schedule for Liquidated Damages
Job Order price Liquidated damages per day
Up to $100,000 $500
Greater Than $100,000 $1,000
A. The applicability of liquidated damages shall be clearly noted on the Request for Quote for
each Job Order. No liquidated damages shall apply if not noted on the Request for Quote.
If the Contractor fails to complete any part of the Work in accordance with the Work
duration schedule, the County agrees to have the right to complete that part of the Work it
deems necessary in order to maintain the Work duration schedule. All direct and indirect
costs of such Work shall be paid by the Contractor.
38. Material, Workmanship, and Acceptance:
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promptly notify the County of any discrepancies. Figures marked on drawings shall in
general be followed in preference to scale measurements. Large-scale drawings shall in
general govern small-scale drawings. Door, finish hardware; etc., schedules shall govern
over drawings. The Contractor shall compare all drawings and verify the figures before
laying out the Work and will be responsible for any errors, which might have been avoided
thereby. When measurements are affected by conditions already established, the
Contractor shall take measurements notwithstanding the giving of scale or figure
dimensions in the drawings. Anything mentioned in the specifications and not shown on
the drawings, or shown on the drawings and not mentioned in the specifications, shall be
of like effect as if shown or mentioned in both.
B. Omissions and Mis-descriptions: Omissions from the drawings or specifications, or the
mis-description of details of Work which are manifestly necessary to carry out the intent of
the drawings and specifications, or which are customarily performed, shall be called to the
attention of the County as soon as possible. The County shall promptly notify the
Contractor of the correction or addition to be made. In the event the omission or
misdirection is substantial and the custom of the trade or industry does not require the
Contractor to perform the Work without issuance of an additional Job order. Any
adjustment by the Contractor without written determination shall be at Contractor’s own
risk and expense.
C. Conflicting Information: In case of conflict between sections of the specifications and/or
the drawings, the Contractor shall call this to attention of the County and ask for
clarification, which is to be documented within the Job Order.
D. Drawings and Specifications at the Site: The Contractor shall keep available at the site for
ready reference a complete set of all Contract drawings, details, supplementary drawings,
approved shop drawings, a complete copy of the specifications with all addenda, bulletins,
amendments, and copies of project correspondence. The Contractor shall maintain on the
site a complete "as-built" record set of drawings. In addition, the Contractor shall keep on
the site a copy of each manufacturer's current printed recommendations. Contractor shall
also submit a copy to the County.
E. Deviations: Deviations from the drawings and the dimensions therein given, whether or
not error is believed to exist, shall be made only after written authority is obtained from
the County, and shall be documented within the Detailed Scope of Work for the specific
Job Order.
F. Technical Specifications: The Technical Specifications furnished on the CD are intended
to establish the standards for quality, performance and technical requirements for all labor,
workmanship, material, methods and equipment necessary to complete the Work. When
specifications and drawings are provided or referenced by the County, these are to be
considered part of the Scope of Work, and to be specifically documented in the Detailed
Scope of Work. For convenience, the County supplied specifications, if any, and the
Technical Specifications furnished on the CD.
41. Division of the Specifications:
A. For convenience, these specifications are arranged in several divisions and sections, but
such separations shall not be considered as the limits of the Work required for any
subcontract or trade; the terms and conditions of such limitations are wholly between the
Contractor and his subcontractors, and the County will not be responsible for any division
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of Work by subcontractors. The Contractor will be solely responsible for all subcontract
arrangements of Work regardless of the location of provisions in the specifications.
B. Schedules of Work included in the sections, where listed, are given for convenience only,
and shall not be considered as a comprehensive list of items or Work necessary to
complete the Work of any section.
C. Where devices or items or parts thereof are referred to in the singular, it is intended that
such reference shall apply to as many such devices, items, or parts as are required to
properly complete the Work.
D. Each section of the specifications is covered by applicable requirements of the Contract
documents and other related sections as if therein written.
42. Site Conditions:
A. Existing Site Conditions: Information with respect to the site of the Work given in
drawings or specifications has been obtained by County's representatives and is believed to
be reasonably correct, but the County does not warrant either the completeness or accuracy
of such information, and it is the responsibility of the Contractor to verify all such
information.
B. Changed Conditions: The Contractor shall promptly, and before such conditions are
disturbed, notify the County Project Manager in writing of:
i. Subsurface or latent physical conditions at the site differing materially from those
indicated in this Contract, or
ii. Unknown physical conditions at the site, of an unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in Work of
the character provided for in this Contract.
iii. Material that the Contractor believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code that is required to be
removed to a Class I, Class II or Class III disposal site in accordance with provisions
of existing law.
iv. County Project Manager will promptly investigate the conditions, and if, as a result,
finds that such conditions do so materially differ and cause an increase or decrease
in the Contractor's cost of, or the time required or performance of this Contract, an
equitable adjustment in accordance with section 17 above, and Articles 32 and 46,
shall be made and the Contract modified in writing accordingly. Any claim of the
Contractor for adjustment hereunder shall not be allowed unless he has given notice
as above required.
In the event that a dispute arises between the County and the Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor’s cost of, or, time required for, performance of any part of
the Work, the Contractor shall not be excused from any scheduled completion date
provided for by the Contract, but shall proceed with all Work to be performed under
the Contract. The Contractor shall retain any and all rights provided either by
Contract or by law which pertain to the resolution of disputes and protests between
the contracting parties.
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C. Public Utility Facilities on Project Site: Pursuant to Government Code, Section 4215, the
Contractor shall be compensated for the costs of locating and repairing damage not due to
failure of Contractor to exercise reasonable care, and removing, relocating existing or
protecting existing main or trunkline utility facilities located on the Contract construction
site and not identified in the plans or specifications with reasonable accuracy. This will be
accomplished by the issuance of a separate Job Order. The payment of this is full
compensation for all Contractor’s cost.
D. Space at Site: The Contractor shall be allowed reasonable space at the site of the Work as
available and access thereto and shall confine his operations to the space assigned. The
Work shall be done without interference with the ordinary use of streets, berthing places,
fairways, and passages. The Contractor shall cooperate with other Contractors of the
County and shall not commit or permit any act which will interfere with the performance
of Work by any other Contractor or employees of the County whether at the site or not.
E. Facility Security: Contractor shall keep all doors locked while working in any buildings
on the site. Keys shall not be left in the doors. Contractor shall not admit any person into
the building that is not a direct employee of the Contractor and not actively engaged in
performance of the Work. Contractor shall restrict access to the areas of the facility not
specifically included in this Contract for construction services. The Contractor shall check
all windows and doors for proper closure and locking, extinguish all lights except master
security lighting, and then reactivate the security system (if applicable) prior to leaving the
facility.
F. Security System: The site and the Work area may be protected by limited access security
systems. An initial access code number will be issued to the Contractor by the County.
Thereafter, all costs for changing the access code due to changes in personnel or required
substitution of contracts shall be paid by the Contractor and may be deducted from
payments due or to become due to the Contractor. Furthermore, any alarms originating
from the Contractor’s operations shall also be paid by the Contractor and may be deducted
from payments due or to become due to the Contractor.
G. Secured Facilities: For specific Job Orders, the work may be conducted at secured County
facilities. As a requirement to work in these Facilities, all Contractor employees, including
all subcontractor employees, must obtain a security clearance. If security clearances are
required, this will be discussed at the Joint Scope meeting. At the Joint Scope meeting, all
requirements and forms will be provided by the County Project Manager. Also, the
requirement to obtain the clearances will be incorporated in the Job Order Schedule. All
costs to obtain clearances are the responsibility of the Contractor.
H. Employee Acceptability: If required by a specific Job Order, prior to commencing any
construction at the site, Contractor shall obtain security clearances of all persons and/or
entities it intends to employ. During the life of a Job Order, Contractor shall remove and
replace any employee working on this project when requested to do so by the County.
43. Beneficial Occupancy:
A. The County may, at any time, and from time to time, during the performance of the Work,
enter the structure for the purpose of installing any necessary Work by County labor of
other contracts, and for any other purpose in connection with the installation of facilities.
In doing so, the County shall endeavor not to interfere with the Contractor and the
Contractor shall not interfere with other Work being done by or on behalf of the County.
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Harry H. Joh Construction, Inc.
B. If, prior to completion and Final Acceptance of all the Work under a specific Job Order,
the County takes possession of any structure (whether completed or otherwise) comprising
a portion of that Project with the intent of retaining possession thereof (as distinguished
from temporary possession contemplating the return to the Contractor), then, while the
County is in possession of the same, the Contractor, notwithstanding its normal
responsibilities, shall be relieved of liability for loss or damage to structure other than that
resulting from the Contractor's fault or negligence. Such taking of possession by the
County shall not relieve the Contractor from any provisions of this Contract respecting
such structure, other than to the extent specified in the preceding sentence, nor constitute a
final acceptance of such structure.
44. Contract Disputes:
A. In the event of a dispute between the Parties as to performance of the Work, the
interpretation of this Contract, or payment or nonpayment for Work performed, the parties
shall attempt to resolve the dispute. Pending resolution of the dispute, the Contractor shall
continue the Work diligently to completion as directed by OC Public Works. If the dispute
is not resolved, the Contractor agrees he will neither rescind this Contract nor stop the
progress of the Work.
B. For this section a “claim” means a separate demand by a contractor sent by registered mail
or certified mail with return receipt requested, for one or more of the following: a time
extension, including, without limitation, for relief from damages or penalties for delay
assessed by a public entity under a contract for a public works project; payment by the
public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public works project and payment for which is not
otherwise expressly provided or to which the claimant is not otherwise entitled; payment
of an amount that is disputed by the public entity.
Pursuant to Public Contract Code Section 9204:
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days,
shall provide the claimant a written statement identifying what portion of the claim is disputed and
what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by
mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt requested,
the public entity shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the claimant a written
statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60
days after the public entity issues its written statement. If the public entity fails to issue a written
statement, paragraph (3) shall apply.
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Harry H. Joh Construction, Inc.
(2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return
receipt requested, the public entity shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a
written statement identifying the portion of the claim that remains in dispute and the portion that is
undisputed. Any payment due on an undisputed portion of the claim shall be processed and made
within 60 days after the public entity issues its written statement. Any disputed portion of the
claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with
the public entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed portion of
the claim has been identified in writing. If the parties cannot agree upon a mediator, each party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by
its respective mediator in connection with the selection of the neutral mediator. If mediation is
unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures
outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under
private arbitration or the Public Works Contract Arbitration Program, if mediation under this
section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section shall result
in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public
entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements
of this section, shall not constitute an adverse finding with regard to the merits of the claim or the
responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent
per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a
public entity because privity of contract does not exist, the contractor may present to the public
entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may
request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that
the contractor present a claim for work which was performed by the subcontractor or by a lower
tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be
presented to the public entity shall furnish reasonable documentation to support the claim. Within
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45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as
to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim, provide the subcontractor with a statement of the reasons for not having
done so.
Upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and
proceed directly to the commencement of a civil action or binding arbitration, as applicable.
C. All construction claims of Three Hundred Seventy Five Thousand Dollars ($375,000) or
less between the Contractor and the County shall be resolved in accordance with the
provisions of Division 2, Part 3, Chapter 1, Article 1.5 of the Public Contract Code of the
State of California. Contractor's sole remedy for construction claims of more than Three
Hundred Seventy Five Thousand Dollars ($375,000) will be to submit such controversy to
determination by a court of the State of California in Orange County, California, having
competent jurisdiction of the dispute, after the project has been completed and not before.
D. Notwithstanding the foregoing, with respect to any dispute involving a claim by the
Contractor for additional compensation, Contractor shall submit such claim in writing to
OC Public Works promptly as the alleged facts giving rise to, or the alleged bases for, the
claim become known to the Contractor; any such claim not promptly so submitted to OC
Public Works shall be deemed waived; and in no event shall a claim for additional
compensation be asserted or be assertable after completion or cessation of the Work.
45. Notices: Any and all notices, requests demands and other communications contemplated, called
for, permitted, or required to be given hereunder shall be in writing, except through the course of
the County’s Project Manager and Contractor’s Project Manager routine exchange of
information and cooperation during the terms of the Work and services. Any written
communications shall be deemed to have been duly given upon actual in-person delivery, if
delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four
calendar days after being mailed by US certified or registered mail, return receipt requested,
postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All
communications shall be addressed to the appropriate Party at the address stated herein or such
other address as the Parties hereto may designate by written notice from time to time in the
manner aforesaid.
County: OC Public Works/ OC Facilities
Attn: Jennifer Carroll, Contract Administrator
1143 E. Fruit Street
Santa Ana, CA 92701
(714) 667-4942
Jennifer.Carroll@ocpw.ocgov.com
46. Governing Law and Venue: This Contract has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State of California. In
the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue
shall be a court of competent jurisdiction located in Orange County, California, and the Parties
hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of
Civil Procedure section 394. Furthermore, the Parties specifically agree to waive any and all
rights to request that an action be transferred for trial to another County.
47. Entire Contract: This Contract, including Attachments, which are attached hereto and
incorporated herein by this reference, when accepted by the Contractor either in writing or by the
shipment of any article or other commencement of performance hereunder, contains the entire
Contract between the Parties with respect to the matters herein and there are no restrictions,
promises, warranties or undertakings other than those set forth herein or referred to herein. No
exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized
by County in writing. Electronic acceptance of any additional terms, conditions or supplemental
Contracts by any County employee or agent, including but not limited to installers of software,
shall not be valid or binding on County unless accepted in writing County’s Purchasing Agent or
his designee.
48. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made
in writing and signed by the Parties; no oral understanding or agreement not incorporated herein
shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions
are valid or binding on County unless authorized by County in writing.
49. Taxes: Unless otherwise provided herein or by law, price quoted does not include California
state sales or use tax.
50. Warranty Work: Failure by the Contractor to take corrective action within twenty four (24)
hours after personal or telephonic notice by the County's OC Public Works on items affecting
essential use of the facility, safety or the preservation of property, and within ten (10) calendar
days following written notice on other deficiencies, will result in the County taking whatever
corrective action it deems necessary. All costs resulting from such action by the County will be
claimed against Contractor or, if necessary, the Contractor's Performance Bond.
51. Patent Infringement:
A. The Contractor shall report to OC Public Works, promptly and in reasonable detail, each
notice or claim of patent infringement based on the performance of this Contract of which
the Contractor has knowledge.
B. In the event of any suit against the County, or any claim against the County made before
suit has been instituted, on account of any alleged patent infringement arising out of the
performance of this Contract, or out of the use of any supplies furnished or Work or
services performed hereunder, the Contractor shall, at his own expense, furnish to the
County, upon request, all evidence and information in possession of the Contractor
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pertaining to such suit or claim. The Contractor further agrees to indemnify, defend with
counsel approved in writing by County and hold harmless the County against any and all
claims or lawsuits based upon such patent infringement, to defend such suits, and to pay
any judgment rendered against County, its employees, or the Board of Supervisors.
52. Assignment: Neither the Contract nor any portion thereof may be assigned by the Contractor
without the expressed permission of the County. Claims for monies due or to become due the
Contractor from the County under this Contract may be assigned, with the written consent of the
County Purchasing Agent or designee, to a bank, trust company, or other financing institution
and may thereafter be further assigned or reassigned to any such institution. To effect such
assignments, the Contractor, or his assignee, shall submit a written request to the County Project
Manager enclosing a letter from the proposed assignee indicating that it will accept such
assignment. Any attempted assignment contrary to the provisions of this paragraph shall be
void.
53. Termination For Cause & Damages For Delay:
A. If the Contractor refuses or fails to prosecute the Work with such diligence as will insure
its completion within the time specified in this Contract or any extension thereof, or fails
to complete said Work within such time, the County Project Manager may, by written
notice to the Contractor, terminate his right to proceed with the Project or such part of the
Project as to which there has been delay. In such event, the County may take over the
Project and prosecute the same to completion, by Contract or otherwise, and may take
possession of and utilize in completing the Project such materials, appliances, and plant as
may be on the site of the Project and necessary therefore. Whether or not the Contractor's
right to proceed with the Project is terminated, he and his sureties shall be liable for any
damage to the County resulting from his refusal or failure to complete the Project within
the specified time.
B. If fixed and agreed liquidated damages are provided in the Contract and if the County
takes over the Project or otherwise incurs damages as a result of Contractor’s default, the
resulting damage will consist of such liquidated damages until such reasonable time as
may be required for final completion of the Project together with any increased costs
occasioned the Project in completing the Project as well as any other damages incurred by
County.
C. The Contractor's right to proceed shall not be so terminated nor the Contractor charged
with resulting damage if:
i. The delay in the completion of the Project arises from causes beyond the control and
without the fault or negligence of the Contractor, including, but not restricted to, acts
of God, acts of the public enemy, acts of the County, acts of another contractor in
the performance of a Contract with the County, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, other than normal weather, or delays of
subcontractors or suppliers arising from causes beyond the control and without the
fault or negligence of both the Contractor and such subcontractors or suppliers; and
ii. The Contractor, within ten days from the beginning of any such delays (unless OC
Public Works grants a further period of time before the date of final payment under
the Contract), notifies OC Public Works in writing of the causes of delay.
iii. OC Public Works shall ascertain the facts and the extent of the delay and extend the
time for completing the Project when, in its judgment, the delay is justified. OC
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Public Works shall make written findings, and the findings of fact shall be final and
conclusive on the parties, subject only to as the procedures provided in Article 43 of
these Articles.
D. The rights and remedies of the County provided in this Clause are in addition to any other
rights and remedies provided by law or under this Contract.
54. Termination for Convenience of the County: Notwithstanding any other provision of the
Contract, the County may, at any time, and without cause, terminate this Contract in whole or in
part, upon not less than seven (7) days' written notice to the Contractor. Such termination shall
be effected by delivery to the Contractor of a notice of termination specifying the effective date
of the termination and the extent of the Work to be terminated. The Contractor shall
immediately stop Work in accordance with the notice and comply with any other direction as
may be specified in the notice or as provided subsequently by the County. The County shall pay
the Contractor for the Work completed prior to the effective date of the termination and such
other payment Contractor is entitled to under Attachment A, section III. “Performance
Requirements” and such payment shall be Contractor's sole remedy under this Contract. Under
no circumstances will the Contractor be entitled to anticipatory or unearned profits,
consequential damages, or other damages of any sort as a result of a termination or partial
termination under this Paragraph. The Contractor shall insert in all subcontracts that the sub-
consultant shall stop Work on the date of and to the extent specified in a notice of termination,
and shall require sub-consultant’s to insert the same condition in any lower tier subcontracts.
55. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived
and no breach excused, unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the
other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any
other different or subsequent breach.
56. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as
to one another and as to any other provided by law, rather than exclusive; and the expression of
certain remedies in this Contract does not preclude resort by either Party to any other remedies
provided by law.
57. Independent Contractor: Contractor shall be considered an independent Contractor and
neither the Contractor, its subcontractors, employees, nor anyone working for Contractor under
this Contract shall be considered an agent or an employee of County. Neither the Contractor,
employees nor anyone working for the Contractor under this Contract shall qualify for workers’
compensation or other fringe benefits of any kind through County.
58. Performance: Contractor shall perform all Work under this Contract, taking necessary steps
and precautions to perform the Work to County’s satisfaction. Contractor shall be responsible
for the professional quality, technical assurance, timely completion and coordination of all
documentation and other goods/services furnished by the Contractor under this Contract.
Contractor shall perform all Work diligently, carefully, and in a good and workman-like manner;
shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; shall at its sole expense obtain and maintain all permits and licenses required by public
authorities, including those of County required in its governmental capacity, in connection with
performance of the Work; and, if permitted to subcontract, shall be fully responsible for all Work
performed by subcontractors.
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Harry H. Joh Construction, Inc.
59. Insurance Provisions: Prior to the provision of services under this Contract, CONTRACTOR
agrees to purchase all required insurance at CONTRACTOR’s expense, including all
endorsements required herein, necessary to satisfy OWNER that the insurance provisions of this
Contract have been complied with. CONTRACTOR agrees to keep such insurance coverage,
Certificates of Insurance, and endorsements on deposit with OWNER during the entire term of
this Contract. In addition, all Subcontractors performing work on behalf of CONTRACTOR
pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set
forth herein for CONTRACTOR. OWNER reserves the right to request the declarations pages
showing all endorsements and a complete certified copy of the policy. All Subcontractors
performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance
subject to the same terms and conditions as set forth herein for CONTRACTOR.
All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. . Any
self-insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall
specifically be approved by the County’s Risk Manager, or designee, upon review of
Contractor’s current audited financial report. If Contractor’s SIR is approved, Contractor, in
addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to
all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all
liability, claim, demand or suit resulting from Contractor’s, its agents, employee’s or
subcontractor’s performance of this Contract, Contractor shall defend the County at its sole cost
and expense with counsel approved by Board of Supervisors against same; and
2) Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty to
indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to
which the duty to defend stated above applies, and the Contractor’s SIR provision shall be
interpreted as though the Contractor was an insurer and the County was the insured.
Upon notice of any actual or alleged claim or loss arising out of subcontractor’s work hereunder,
subcontractor shall immediately satisfy in full the SIR provisions of the policy in order to trigger
coverage for the Contractor and Additional Insureds.
If CONTRACTOR fails to maintain insurance acceptable to OWNER for the full term of this
Contract, the County may terminate the contract.
Qualified Insurer
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Harry H. Joh Construction, Inc.
The policy or policies of insurance must be issued by an insurer with a minimum rating of A-
(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most
current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).
It is preferred, but not mandatory, that the insurer be licensed to do business in the state of
California (California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum
limits and coverage as set forth below:
Contractor shall notify County in writing within thirty (30) days of any policy cancellation and
ten (10) days for non-payment of premium and provide a copy of the cancellation notice to
County. Failure to provide written notice of cancellation may constitute a material breach of the
Contract, upon which the County may suspend or terminate this Contract.
The Commercial General Liability policy shall contain a severability of interests clause (standard
in the ISO CG 001 policy).
Insurance certificates should be forwarded to the agency/department address listed on the
solicitation.
If the Contractor fails to provide the insurance certificates and endorsements within seven (7)
days of the notification by CEO/Purchasing or the agency/department purchasing division, award
may be made to the next qualified Contractor.
County expressly retains the right to require Contractor to increase or decrease insurance of any
of the above insurance types throughout the term of this Contract. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect County.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements
of this Contract, nor in any way to reduce the policy coverage and limits available from the
insurer.
60. Bonds: The Contractor shall furnish, at time of signing the Contract, one surety bond which
shall protect the laborers and material men and shall be for $500,000, in accordance with Section
9554 of the Civil Code, and one surety bond in the amount of $500,000, guaranteeing the faithful
performance of the Contract. If at any time the value of the total task orders is expected to
exceed $500,000, the Contractor shall furnish, in a manner acceptable to the County, evidence
that the Contractor is bonded to the expected total value of outstanding task orders for both the
faithful performance and laborers and material men bonds. Contractor shall not be entitled to,
nor shall County authorize, task orders when the total outstanding value of the task orders under
this contract exceeds the bond values for which the County is an obligee. Said bonds to be
approved by the office of the County Counsel and the County Executive Office of Orange
County. Such bonds shall be the forms provided in these specifications and issued and executed
by an admitted surety insurer (authorized to transact surety insurance in California). (e.g., if the
bonds are issued through a surplus line broker, both the surplus line broker and the insurer with
whom he is doing business for purposes of this project must be licensed in California to issue
such bonds.)
The faithful performance bond shall be issued by a Surety company with a minimum insurance
rating of A- (Secure Best’s Rating) and VIII (Financial Size Category) as determined by the
most current edition of the Best’s Key Rating Guide/Property-Casualty/United States or
ambest.com. The Surety Company must also be authorized to write in California by the
Department of the Treasury, and must be listed on the most current edition of the Department of
Treasury’s Listing of Approved Securities.
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If any surety upon any bond furnished in connection with this Contract becomes unacceptable to
the County, or if any such surety fails to furnish reports as to his financial condition from time to
time as requested by OC Public Works, the Contractor shall promptly furnish such additional
security as may be required by OC Public Works or the Board of Supervisors from time to time
to protect the interests of the County and of persons supplying labor or materials in the
prosecution of the Work contemplated by this Contract.
If the County increases the total Contract amount the Contractor is to provide a new bond for the
new total Contract amount or a bond for the difference.
61. Charges, Fines, Penalties and Assessments: Contractor shall be responsible for any and all
charges, fines, penalties, and/or assessments levied against the County by any governmental
entity, administrative or regulatory agency having jurisdiction, resulting from any action or
omission of the Contractor, Contractor's subcontractor, suppliers, and/or employees, unless due
to the sole and active negligence of the County. County is authorized to deduct any such charge,
fine penalty, or assessment from any payment County is otherwise required to make to
Contractor.
If any such charge, fine, penalty, or assessment is levied against the County subsequent to the
completion of the Contract as a result of any action or omission as set forth above, Contractor
shall nevertheless be responsible to the County for the entire sum of such charge, fine, penalty,
or assessment and agrees to pay the full amount due within sixty (60) calendar days of receiving
an invoice from the County.
Contractor shall be liable to the County for attorney's fees and costs incurred by the County in
enforcing the provisions of this paragraph.
62. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and
equipment used in performance of the Work. Contractor shall not permit any lien or charge to
attach to the Work or the premises, but if any does so attach, Contractor shall promptly procure
its release and, in accordance with the requirements of Article 22 above, indemnify, defend, and
hold County harmless and be responsible for payment of all costs, damages, penalties and
expenses related to or arising from or related thereto.
63. Changes: The County may, at any time, by written order, and without notice to the sureties,
make changes in accordance with the terms and conditions of this Contract.
64. Change of Ownership: Contractor agrees that if there is a change or transfer in ownership of
Contractor’s business prior to completion of this Contract, the new owners shall be required
under terms of sale or other transfer to assume Contractor’s duties and obligations contained in
this Contract and complete them to the satisfaction of County.
65. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this
Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond
its reasonable control, provided Contractor gives written notice of the cause of the delay to
County within 36 hours of the start of the delay and Contractor avails himself of any available
remedies.
66. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County and
County-related records and information pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this Contract. All such
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records and information shall be considered confidential and kept confidential by Contractor and
Contractor’s staff, agents and employees.
67. Compliance with Laws: Contractor represents and warrants that services to be provided under
this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes,
restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not
limited to those issued by County in its governmental capacity and all other laws applicable to
the services at the time services are provided to and accepted by County. Contractor
acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to
the requirements of Article 22 above, Contractor agrees that it shall defend, indemnify and hold
County and County Indemnitees harmless from all liability, damages, costs and expenses arising
from or related to a violation of such laws.
68. Pricing: The Contract price, as more fully set forth in Attachment B, shall include full
compensation for providing all required goods in accordance with required specifications, or
services as specified herein or when applicable, in the Scope of Work attached to this Contract,
and no additional compensation will be allowed therefore, unless otherwise provided for in this
Contract.
69. Intentionally left blank.
70. Terms and Conditions: Contractor acknowledges that it has read and agrees to all terms and
conditions included in this Contract.
71. Headings: The various headings and numbers herein, the grouping of provisions of this
Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of
convenience only and shall not limit or otherwise affect the meaning hereof.
72. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
73. Calendar Days: Any reference to the word “day” or “days” herein shall mean calendar day or
calendar days, respectively, unless otherwise expressly provided.
74. Attorneys Fees: In any action or proceeding to enforce or interpret any provision of this
Contract, or where any provision hereof is validly asserted as a defense, each Party shall bear its
own attorney’s fees, costs and expenses.
75. Authority: The Parties to this Contract represent and warrant that this Contract has been duly
authorized and executed and constitutes the legally binding obligation of their respective
organization or entity, enforceable in accordance with its terms.
76. Employee Eligibility Verification: The Contractor warrants that it fully complies with all
Federal and State statutes and regulations regarding the employment of aliens and others and that
all its employees performing Work under this Contract meet the citizenship or alien status
requirement set forth in Federal statues and regulations. The Contractor shall obtain, from all
employees performing Work hereunder, all verification and other documentation of employment
eligibility status required by Federal or State statutes and regulations including, but not limited
to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently
exist and as they may be hereafter amended. The Contractor shall retain all such documentation
for all covered employees for the period prescribed by the law. The Contractor shall indemnify,
defend with counsel approved in writing by County, and hold harmless, the County, its agents,
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officers, and employees from employer sanctions and any other liability which may be assessed
against the Contractor or the County or both in connection with any alleged violation of any
Federal or State statutes or regulations pertaining to the eligibility for employment of any
persons performing Work under this Contract.
77. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold 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 (“County Indemnitees”) harmless from any claims, demands or liability of any kind or
nature, including but not limited to personal injury or property damage, arising from or related to
the services, products or other performance provided by Contractor pursuant to this Contract. If
judgment is entered against Contractor and County by a court of competent jurisdiction because
of the concurrent active negligence of County or County Indemnitees, Contractor and County
agree that liability will be apportioned as determined by the court. Neither Party shall request a
jury apportionment. Notwithstanding anything stated above, nothing contained herein shall
relieve Contractor of any insurance requirements of obligations created elsewhere in this
Contract.
78. Waiver of Claims: Unless a shorter time is specified elsewhere in this Contract, on or before
making his final request for payment, Contractor shall submit to County, in writing, all claims
for compensation under or arising out of this Contract; the acceptance by Contractor of the final
payment shall constitute a waiver of all claims against County under or arising out of this
Contract except those previously made in writing and identified by Contractor as unsettled at the
time of his final request for payment.
79. Cultural/Scientific Resource Finds: If the Contractor's operations uncover or Contractor’s
employees find any burial grounds or remains, ceremonial objects, petroglyphs, and
archaeological or paleontological or other artifacts of like nature within the construction area,
Contractor shall immediately notify the County of Contractor’s findings and shall modify
construction operations so as not to disturb the findings pending receipt of notification as to
determination of the final disposition of such finding from the County. Should the findings, or
notification as to disposition of findings, require additional work, a Job Order will be issued at
the County’s discretion.
Any findings of a cultural/scientific resource nature shall remain the property of the County and
not become the property of the person or persons making the discovery.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this CONTRACT on the
dates opposite their respective signatures:
Harry H. Joh Construction, Inc.
a California Corporation
Date: ___________ By___________________________________
Signature
___________________________________
Print Name & Title
(If a corporation, the document must be signed by two corporate officers. The 1 st must be either
Chairman of the Board, President or any Vice President.)
Date: ___________ By____________________________________
Signature
____________________________________
Print Name & Title
(If a corporation, the 2nd signature must be either the Secretary, an Assistant Secretary, the
Chief Financial Officer, or any Assistant Treasurer.)
COUNTY OF ORANGE,
a political subdivision of the State of California
Print
Name________________________________
Title ________________________________
APPROVED AS TO FORM
Office of the County Counsel
Orange County, California
By:________________________
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ATTACHMENT A
SCOPE OF WORK
I. SCOPE OF WORK: Contractor shall provide all labor, materials, tools, equipment, utilities, vehicles,
and transportation services required to provide Painting Services under this Contract. Services may be
provided, but may not be limited to, any facility or property which is owned, operated, or maintained
by the County. Painting Services shall be provided in accordance with the following, which are
incorporated herein by this reference.
A. Construction Task Catalog® & Technical Specifications Titled: Job Order Contracting; Dated
May 2017 (to be distributed at Pre-Bid Meeting).
B. All other requirements identified specifically in A Job Order Detailed Scope of Work, which
include but not limited to drawings, additional specifications, as-built records, sketches, written
scope narratives, standard specification from other local, state and federal agencies.
C. California Building Code and other codes, ordinances, rules, regulations, orders and legal
requirements of Agency Having Jurisdiction which bear on the performance of the work.
D. Secured Facilities: The Contractor may be required to have their employees, subcontractors
and/or suppliers submit applications and complete security clearances prior to commencing any
work in a secured County facility. Contractor employees, subcontractors and/or suppliers will be
required to submit to fingerprinting and personal background checks as part of the security
clearance process.
and participate in a joint scope meeting, which will include discussion and establishment of the
following:
Detailed Scope of Work
Definition and refinement of requirements
Existing site conditions
Methods and alternatives for accomplishing Work
Requirements for plans, sketches, shop drawing(s), submittals, etc.
Tentative duration Work schedule
Preliminary quantity assumptions/estimates
Staging areas and site access
Special conditions regarding unique facility operations
Safety requirements
Hazardous Materials or site conditions
Other project requirements
As part of the required Joint Scope Meeting, the Contractor and the County will agree on a
sequence of Work; means of access to the premises and building; space for storage of materials
and equipment; Work and materials and use of approaches; use of corridors, stairways, elevators,
and means of communications and the location of partitions, eating spaces, and restrooms for the
Contractor, for individual Job Orders. The Contractor agrees to be responsible for taking these
factors into account when developing its Quotation.
The Detailed Scope of Work will be completed by the Contractor and submitted to the County
for approval, prior to issuance of a Request for Quote. This Detailed Scope of Work must be
submitted within forty-eight (48) hours or a mutually agreed upon time of the joint scope
meeting. If consultant services are required to clarify project requirements, they will be
completed and submitted with the Scope of Work for County approval before a Request for
Quote will be issued.
Unless waived in writing, the Contractor agrees to provide all documentation required to fully
establish the Scope of Work including, but not limited to, shop drawings, sketches and/or
specifications that comply with the Contract specifications and relate to the proposed project.
This documentation will be provided for the purpose of defining scope, obtaining permits, and
assisting the County in determining the best possible solution for repair and refurbishment
issues. If the County requests a change in the proposed Scope of Work, the Contractor agrees to
submit a revised Scope of Work reflecting all requested changes within forty-eight (48) hours.
C. Quote Development
The Contractor Quote agrees to be comprised of the following elements:
1. Detailed Cost Quote
a. Pre-Priced Work requirements: Pre-Priced Work requirements will identify the type
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and number of Work tasks required from the CTC. The price per unit set forth in the
CTC shall serve as the base price for the purpose of the operation of this article. The
Contractor’s Quote shall include support documentation to indicate that adequate
engineering and planning for the requirement has been done, and that the Work tasks
proposed are reasonable for the Scope of Work. Documentation to be submitted
with the Quote shall include, but not be limited to, shop drawings, calculations,
Catalog® cuts, and specifications.
b. The total extended price for Pre-Priced Work requirements will be determined by
multiplying the price per unit by the quantity required. The price offered in the
Quote will be determined by multiplying the total extended price by the appropriate
Adjustment Factor.
If the Non Pre-Priced Task is to be subcontracted, the Contractor must submit three
(3) independent quotes for the Work.
D= Lowest of three (3) Subcontractor quotes.
4. Submittals
All documents, shop drawings, and “As-Built” drawings shall be prepared such that the
drawings meet all the requirements of Local, State, and Federal regulations, codes and
directives. The Contractor agrees to also provide as necessary, the forms, studies, and
other documentation required by applicable codes and agencies.
The Contractor agrees to ensure that all engineering solutions conform strictly to the
guides and criteria outlined in Contract specifications. In case of uncertainty of detail or
procedure, the Contractor agrees to request additional instruction from the County. The
Contractor is responsible for producing complete, competent, properly coordinated, and
thoroughly checked documents.
At the Contractor’s expense, as part of their Adjustment Factors, the documentation noted
above, shall be prepared and reviewed as necessary to ensure its compliance with all
applicable laws and regulations.
schedule indicates phasing of Work activities as required. The schedule provides the
Contractor’s initial plan for the Work based on its understanding of the Detailed Scope of
Work, with the critical path highlighted.
a. Schedule Approval; all project schedules will be subject to the County’s review and
approval. The use of any particular scheduling system shall be subject to the
approval of the County.
b. Schedule Updates; the Contractor agrees to maintain the Work duration schedule
updates on an ongoing basis and, when the County requests it, include the updates in
its payment request. The Contractor may be required to submit a narrative report
with each monthly update which shall include a description of current and
anticipated problem areas, delaying factors and their impact, and an explanation of
corrective action taken or proposed. Failure to do so may be considered a material
breach of the Contract. Any additional or unanticipated costs or expense required to
maintain the schedules shall be solely the Contractor’s obligation and Contractor
agrees not to charge the County.
c. Adjustment of the Work duration schedule; the Contractor agrees that whenever it
becomes apparent to the County, from the current monthly status review meeting or
the schedule, that phasing or Job Order milestone dates will not be met, it will take
some or all of the following actions at no additional cost to the County.
1. Increase construction manpower in such quantities and crafts as will eliminate
the backlog of Work.
2. Increase the number of working hours per shift, shifts per working day.
3. Reschedule the Work under the Job Order in conformance with all other
requirements. The Contractor agrees to be liable for any additional cost
incurred by the County for the adjustment of project schedules.
4. Prior to proceeding with any of the above actions, the Contractor agrees to
notify and obtain approval from the County’s Project Manager for the
proposed schedule changes. If such actions are approved, the Contractor
agrees to incorporate the revisions into the schedule.
6. Subcontractor’s List
The Quote represents the Contractor’s offer to do Work, and as such, in accordance with
Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of California,
the Contractor agrees to list, on the Subcontractor listing report, the name, business
location and the California Contractor License number of each Subcontractor that will
perform Work, labor or render service on the Work in excess of one-half of one percent
(1/2%) of the total Quote amount. Contractors and Subcontractor which have been
debarred from public works projects by the Labor Commissioner may not perform Work
under this Contract. The Contractor agrees to list project percentage of proposed
Subcontractor and percentage of the project to be self-performed.
Contractor agrees to advise the County of any Subcontractor substitution(s) prior to
commencement of subcontract Work and to only substitute Subcontractor as authorized
under Public Contract Code sections 4100 et seq. Contractor may be subject to penalties
in accordance to the above referenced sections for illegal Subcontractor substitution.
7. Electronic Quote
The Contractor agrees to transmit an electronic copy of the Quote, using the County
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meetings within twenty-four (24) hours of being notified by the County (via fax, e-mail,
telephone, etc). After review of the Quote, the Contractor agrees to remove all
inapplicable line items and adjust quantities as directed by the County.
3. Quote Modification
The Contractor will be granted only one opportunity to add new, valid line items that may
have been omitted from its first Quote by submitting a second, revised Quote. The
Contractor agrees to submit the revised Quote within forty-eight (48) hours of the initial
Quote review meeting, unless otherwise specified in writing. Upon review of the revised
Quote, the Contractor agrees to remove all line items or adjust quantities deemed
inappropriate by the County, and re-submit its Quote within twenty-four (24) hours. No
new line items may be added to the revised Quote, nor may quantities be increased, nor
modifiers added unless specifically agreed to in writing by the County’s subsequent Quote
review.
4. Enforcement of Time Requirements
The Quote time requirements contained herein will be strictly enforced. Failure to comply
may result in the Contractor being deemed non-responsive to the Request for Quote. The
County may cancel the Request for Quote from the Contractor and solicit another
Contractor. The County may also deem the Contractor ineligible for any future JOC
contracts.
Completion date. The Contractor agrees to begin and complete construction within the dates
specified on the NTP. The County must approve all extensions of time in writing.
The County may also issue an Emergency Notice to Proceed (NTP). In the event the County
requires the Contractor to respond to an immediate request for work, a Job Order will be created
and an Emergency NTP will be issued. The Contractor will be required to perform the Scope of
Work included with the Emergency NTP as directed by the County’s Project Manager or
designee. The Detailed Scope of Work, Quotation, Subcontractor Listing, Shop Drawings and
required Non Pre-priced backup documentation will be submitted upon completion of the
emergency work in accordance with the Ordering Procedures detailed in Section III above.
C. Pre-Construction Meeting
No more than seven (7) days from the issuance of the NTP, unless the County grants additional
time, the County will conduct a pre-construction meeting with the Contractor’s project manager,
Subcontractors, and the end-user to determine the actual project schedule, project access
requirements and to address and resolve any customer concerns.
D. Project Construction
The Contractor agrees to provide continuous on-site supervision on each Job Order, while
progress on the project is being accomplished. The Contractor’s Project Manager will ensure:
1. Coordination and providing supervision to all Subcontractor and workers;
2. Posting of the prevailing wage scale;
3. Maintaining a copy of the Contractors safety program manual made available to all
construction personnel;
4. Conducting weekly on-site safety meetings;
5. Completing the daily labor and construction progress log on a daily basis and submit
copies to the County on a daily basis. Copies of the previous day’s reports must be
submitted by 9:00AM of the following day.
a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by
trade providing services for the day.
b. Construction progress log is to include a narrative of the Work provided by trade(s).
Narrative agrees to include the various areas of the jobsite where Work was
performed and any problems or conditions that were encountered.
c. In the event the Contractor fails to provide a daily log and/or construction progress
log, the County may impose damages against the Contractor in the amount of fifty
dollars ($50.00) for each log and deduct from the Contractor’s payment request, for
each day the Contractor does not provide the documentation.
6. County may suspend Contractor operations if no Contractor Superintendent is observed.
All delays caused by the suspension will be the responsibility of the Contractor. No time
extension or claims for cost(s) associated with the suspension will be granted by the
County.
E. Changed Work
Changed Work (all added or deleted Work), as it pertains to the approved Detailed Scope of
Work included in a specific Job Order, shall be either changes directed by the County or
unforeseen site conditions, which were not evident during the Initial Joint Scope Meeting. This
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additional Work will be considered a subsequent Job Order, for that specific project, and will be
ordered, approved and executed as per the procedures set forth in this Contract.
A credit for Tasks that have been deleted from the Detailed Scope of Work will be given at
100% of the value at which they were included in the original Quote. Credits for Pre-Priced and
Non Pre-Priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the
appropriate Adjustment Factors. A Supplemental Job Order will be issued detailing the credit(s)
due the County.
F. Project Completion
The Contractor agrees to schedule a final job walk with the County. If required, the County will
prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the
“Punch List” corrections and schedule a final project completion job walk. The County will sign
the “Punch List” as completed when determined, the project is finished. The Contractor agrees
to submit the following along with its final payment request:
1. “Punch List” signed by the County;
2. Completed building inspection card;
3. All required warranties and maintenance requirements;
4. All record drawings or as-built drawings,
5. All required operation and maintenance manuals;
6. All keys and security entry cards;
7. Any other closeout items.
B. The Contractor will be required to obtain a city business license to perform the Work in the
appropriate city, as specific in the Job Order.
C. To comply with Section 3800 of the Labor Code of the State of California, the Contractor and all
Subcontractors requiring a permit (building, plumbing, grading, and electrical, etc.) agree to file
a workers' compensation certificate with the County.
D. Exclusive of off-site inspection specified to be the County's responsibility, the Contractor agrees
to arrange and pay for all off-site inspection of the Work including certification thereof required
by the specifications, drawings, or by governing authorities.
E. The County will provide on-site inspection of the Work and will arrange for off-site inspection
when specified in the Detailed Scope of Work. All other required inspections will be the
responsibility of the Contractor.
F. The County will inspect the Work for code compliance as part of permits pulled. The County
will provide this inspection at no additional cost for the first inspection and for re-inspection. If
the Contractor is unable to correct defective Work after one re-inspection, the County may
charge the Contractor for additional re-inspection.
G. In addition to any other warranties in this Contract, or those provided by manufactures the
Contractor warrants that Work performed under this Contract conforms to the Contract
requirements and is free of any defect in equipment, material, or workmanship performed by the
Contractor or any Subcontractor or supplier at any tier.
H. Corrections to Work may be required during the Work or the warranty period. The County is
expressly authorized at County's option to apply any sums withheld from progress payments
toward the cost of such corrections.
I. This warranty shall continue for a period of one year from the date listed on the Notice of
Completion for the specific Job Order. If the County takes occupancy of any part of the Work
before Final Acceptance, a warranty covering that specific portion of the Work shall begin for a
period of one year from the date the County takes occupancy. The County will notify the
Contractor in writing of the scope of any partial occupancy and the specific items under
warranty.
J. The County will not pay any costs for licenses required in the performance of the Work. The
Contractor agrees to assume this responsibility in total.
K. As required by the Detailed Scope of Work for a specific Job Order, the County may be required
to enter into Contracts with other Local, State and Federal Agencies to accomplish the subject
Scope of Work. Agencies may include but are not limited California Department of Fish and
Game, US. Army Corps of Engineers, California Regional Water Quality Control Board. The
Contractor will be required to comply with the requirements set forth within the permit.
L. Best Management Practices (BMPs) may be required for specific Job Orders, which will be
indentified in the Detailed Scope of Work. All California Storm Water Quality Association
(CASQA) Construction BMPs may be viewed at www.cabmphandbooks.com. It is the
Contractors responsibility to pay for all costs incurred by the specific BMPs. The County will
not reimburse these costs.
M. As required by the Detailed Scope of Work, per a specific Job Order the following permits may
apply and will be provided by the County:
1. NPDES Dewatering Permit
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Registration Documents) to the County Project Manager. If any of the required items are
missing, the PRD submittal is considered incomplete and will be rejected. Upon receipt
and acceptance of a complete PRD submittal, the County Project Manager will
electronically submit these documents to State Water Board through the California
Integrated Water Quality System (CIWQS) Project’s Storm water Multi-Application
Reporting and Tracking (SMART) system to obtain coverage under the General Permit.
3. Standard PRD Requirements
1. Notice of Intent
2. Risk Assessment (Standard or Site-Specific)
3. Site Map
4. SWPPP
5. Annual Fee
6. Signed Certification Statement
4. Additional Permit Registration Document (PRD) Requirements Related To Construction
Type
1. If Contractor proposes to implement an Active Treatment System (ATS) on a
Specific Job Order, Contractor shall submit:
i. Complete ATS Plan in accordance with Attachment F of the CGP at least 14
days prior to the planned operation of the ATS and a paper copy shall be
available onsite during ATS operation.
ii. Certification proof that the preparation and design was accomplished by a
qualified professional in accordance with Attachment F of the CGP.
2. Dischargers who are proposing an alternate Risk Justification shall submit:
i. Particle Size Analysis.
5. Exception to Standard PRD Requirements
1. Construction sites with less than one (1) acre of disturbance or an R value less than
five (5) as determined in the CGP Risk Assessment from the Revised Universal Soil
Loss Equation (RUSLE) are not required to submit a SWPPP.
6. Description of PRDs
1. Notice of Intent (NOI) or Notice of Construction Activity (NOCA)
The Notice of Intent or Notice of Construction Activity must be filled out
electronically on-line through the State’s SMART System. Contractor shall
coordinate with the County Project Manager to provide the required information to
fill out the NOI on-line form. Upon receipt of all required information (including all
items required below), County staff will electronically submit the Project
information through the SMART system.
2. Site Map(s) Includes
i. The project’s surrounding area (vicinity)
ii. Site layout
iii. Construction site boundaries
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County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
construction operations and total disturbed areas. Contractor shall submit permit
fees to the County Project Manager for verification, and County will submit the fee
to the Regional Board.
5. A Signed Certification Statement must be submitted by the Legally Responsible
Party (LRP). The County Project Manager will coordinate with the Contractor to
acquire relevant information for the certification. The County will submit the
certification statement.
6. Risk Assessment
The Contractor shall use the Risk Assessment procedure as describe in the CGP
Appendix 1.
i. The Standard Risk Assessment includes utilization of the following:
1) Receiving water Assessment Interactive map
2) EPA Rainfall Erosivity Factor Calculator Website
3) Sediment Risk interactive map
4) Sediment sensitive water bodies list
ii. The site-specific Risk Assessment includes the completion of the hand
calculated R value Risk Calculator in the Revised Universal Soil Loss
Equation (RUSLE).
7. Post Construction Water Balanced Calculator (if applicable)
The Contractor shall complete the Water Balance Calculator (in Appendix 2 of the
General Permit) in accordance with the instructions when subject to this
requirement. (Note to Engineer: This paragraph will only apply when DISTRICT
or the County does not have a current MS4 (Municipal) permit in place.)
8. ATS Design Document and Certification
The Contractor using ATS must submit electronically their system design (as well as
any supporting documentation) and proof that the system was designed by a
qualified ATS design professional (See Attachment F of the General Permit).
P. Best Management Practices (PMF9.2S)
Contractor and all of Contractor’s, subcontractors, agents, employees and contractors shall
conduct operations under this Contract so as to assure that pollutants do not enter municipal
storm drain systems which systems are comprised of, but are not limited to curbs and gutters that
are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do
not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not
limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).
Contractor shall comply with all water quality ordinances, permits and regulations. If Work
identified under a Specific Job Order does not fall within statewide Painting Permit, Contactor
shall implement appropriate BMPs consistent with County’s DAMP/LIP.
Contractor may propose alternative BMPs that meet or exceed the pollution prevention
performance of the BMP specified in DAMP/LIP. Any such alternative BMPs shall be
submitted to the County Project Manager for review and approval prior to implementation.
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County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
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County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
engine shall be operated on the project without said muffler. The noise level from the
Contractor's operations between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday,
or at any time on Sunday or a Federal holiday, shall be in accordance with the County ordinance
covering "Noise Control." This requirement in no way relieves the Contractor of responsibility
for complying with local ordinances regulating noise level. Said noise level requirement shall
apply to all equipment on the job or related to the job, including but not limited to trucks, transit
mixers or transient equipment that may or may not be owned by the Contractor. The use of loud
sound signals shall be avoided in favor of light warnings, except those required by safety laws
for the protection of personnel.
O. Construction Area: Contractor shall protect property and facilities adjacent to the construction
area and all property and facilities within the construction area which are shown on the plans are
to be protected. After project completion, the construction area shall be in a clean and
presentable condition. All public or privately owned improvements and facilities shall be
restored to their original condition and location. If improvements or facilities are damaged, they
shall be replaced with new materials which are at least equal to the original materials. Nothing
herein shall be construed to entitle the Contractor to the exclusive use of any public street, way,
or parking area during performance of the Work. Contractor shall conduct its operations so as
not to interfere with the authorized Work of utility companies or other agencies in such streets,
ways or parking areas. The Contractor shall be responsible for investigating conditions of
available public and private roads and of clearances, restrictions and other limitations affecting
transportation and ingress and egress to the site of the Work. Use of equipment will be
minimized during any Stage II or Stage III smog alerts. All equipment will meet emissions
standards. Dust Control is required at all times. All proper public safety measures are to be used
during construction, including barriers, flagmen and signing. Equipment must conform to all
applicable noise regulations.
P. Contractor shall, whenever possible, minimize the use of water during project construction.
Watering equipment shall be kept in good working order. Water leaks shall be repaired
promptly. Washing of equipment, except when necessary for the safety or for the protection of
equipment, shall be discouraged. Water curing of concrete improvements as specified in Section
303-1.10, "Curing" of the Standard Specifications for Public Works Construction, shall not be
allowed unless specifically permitted by these Special Provisions or directed by the Project
Manager. Nothing in this section, "Water Conservation," shall be construed as relieving the
Contractor of furnishing sufficient water as required for the proper construction of this project in
accordance with the Standard Specifications for Public Works Construction and these Special
Provisions.
Q. Contractor shall anticipate that storm, surface and possible ground or other waters will be
encountered at various times and locations during the Work. Such waters may interfere with
Contractor's operations and may cause damage to adjacent or down-stream private and/or public
property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the
Contractor. The Contractor, by submitting a bid, assumes all of said risk and the Contractor
acknowledges that its bid was prepared accordingly.
The Contractor shall conduct its operations in such a manner that storm or other waters may
proceed without diversion or obstruction along existing street and drainage courses. Drainage of
water from existing or proposed catch basins shall be maintained at all times. Diversion of water
for short reaches in order to protect construction in progress will be permitted if public or private
properties are not damaged or, in the opinion of the Project Manager, are not subject to the
probability of damage. Contractor shall at no cost to County obtain written permission from the
appropriate public agency or property owner before any diversion of water will be permitted by
the Project Manager.
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County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
During the course of water control the Contractor shall conduct construction operations to
protect waters from being polluted with fuels, oils, bitumens or other harmful materials, and
shall be responsible for removing said materials in the event protective measures are not
effective.
Construction site shall be maintained in such a condition that an anticipated storm does not carry
wastes or pollutants off site.
Discharges of material other than stormwater are allowed only when necessary for performance
and completion of construction practices and where they do not: cause or contribute to a
violation of any water quality standard; cause or threaten to cause pollution, contamination, or
nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40
CFR Parts 117 and 302, or any other law or applicable regulation.
Potential pollutants include but are not limited to: vehicle/equipment fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; vehicle/equipment wash water and concrete mix wash water;
concrete, detergent or floatable wastes; wastes from any engine/equipment steam cleaning or
chemical degreasing; solid or liquid chemical spills; wastes from sealants, limes, and solvents;
and superchlorinated potable water line flushings.
During construction, disposal of such materials should occur in a specified and controlled
temporary area on-site, physically separated from potential storm water run-off, with ultimate
disposal in accordance with local, state, and federal requirements.
Notwithstanding the above, management of stormwater shall be done with all applicable statutes,
ordinances, permits, regulations and provisions of this Contract governing stormwater.
The County may, at any time, by written stop Work order to the Contractor, require the Contractor to
stop all or any part of the Work, as per a specific Job Order, for a period of 90 days after the stop Work
order is delivered to the Contractor and for any further period to which the Parties may agree. The stop
Work order shall be specifically identified as such and shall indicate it is issued under this clause.
Upon receipt of the stop Work order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the Work covered by the stop
Work order during the period of Work stoppage. Within a period of 90 days after a stop Work order is
delivered to the Contractor or within any extension of that period to which the Parties shall have
agreed, the County shall either:
A. Cancel the stop Work order; or
B. Cancel the Job Order immediately in whole or in part in writing as soon as feasible.
The COUNTY selected The Gordian Group’s (Consultant) Job Order Contracting
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County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
(“JOC”) Solution (Gordian JOC Solution) for their JOC program. The Gordian JOC
Solution includes Consultant’s proprietary eGordian® JOC application (JOC
Applications) and construction cost data (Construction Task Catalog®), which shall
be used by the CONTRACTOR to prepare and submit Price Proposals,
subcontractor lists, and other requirements specified by the COUNTY.
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County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
ATTACHMENT B
CONTRACTOR’S PRICING
I. COMPENSATION: This is an all-inclusive, usage Contract between the County and Contractor for
Painting Services, as set forth in Attachment “A” Scope of Work.
The Contractor agrees to accept the specified compensation as set forth in this Contract as full
remuneration for performing all services and furnishing all staffing, labor, insurance, bonds. prevailing
wage, vehicles, equipment, tools, materials, overhead, travel, etc. required, for any reasonably
unforeseen difficulties which may arise or be encountered in the execution of the services until
acceptance, for risks connected with the services, and for performance by the Contractor of all its
duties and obligations hereunder. The Contractor shall only be compensated as set forth herein below
for work performed in accordance with the Scope of Work. The County shall have no obligation to pay
any sum in excess of the Total Contract Amount specified herein below unless authorized by
amendment.
II. FEES AND CHARGES: County will pay the following in accordance with the provisions of this
Contract.
A. Adjustment Factors: The Contractor’s two Adjustment Factors that will be applied against the
prices set forth in the Contract Task Catalog®. These Adjustment Factors will be used to price
out fixed price Job Orders by multiplying the appropriate Adjustment Factor by the Unit Prices
and appropriate quantities.
i. FACTOR 1 - Unit Work requirements to be performed during Normal Working Hours
(7:00AM to 5:00PM) as ordered by the County in individual Job Orders against this
Contract.
0.7000
For Normal Working Hours
ii. FACTOR 2 - Unit Work requirements to be performed during Other Than Normal
Working Hours (5:01PM to 6:59AM) as ordered by the County in individual Job Orders
against this Contract.
0.7000
For Other Than Normal Working Hours
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County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
III. PRICE INCREASES/DECREASES: No increases to the Adjustment Factors or to any line items in the
Construction Task Catalog® will be permitted during the term of this Contract.
IV. CONTRACTOR’S EXPENSE: The Contractor will be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance of
Work and services under this Contract.
V. PAYMENTS TERMS:
A. The County shall make payments upon the agreed upon price for a specific Job Order as listed in
the Notice to Proceed. The County will make progress payments monthly as the Work proceeds
on estimates approved by County Project Manager. The Contractor shall furnish a breakdown of
the total Contract price showing the amount included therein for each principal category of the
Work, to provide a basis for determining progress payments. The County will only pay for
actual Work in place.
B. Lump sum payment - if an individual Job Order is scheduled for Completion within 45 days or
less, the County will make one payment after 30 days of Work to the Contractor, exclusive of
retention. Contractor may request for one payment (including retention payment); however,
payment will be made after Final Acceptance of the Job Order.
C. Partial payment – the County will consider a request for partial payments for Job Orders
scheduled for a performance period of greater than 45 days.
D. Retention - When payments are made under this Contract, five percent (5%) of each requested
and approved payment will be retained. The retention will be released upon Final Acceptance of
the Work, and the County’s approval on the final payment request. A Notice of Completion for
each individual Job Order must be filed. Final payment is to be made 35 days subsequent to the
filing of the Notice of Completion.
E. Retention Release - The County’s release of the retention does not relieve the Contractor of its
responsibility to comply with both the proposed Scope of Work and the terms and conditions of
the Job Order and Contract for completed and warranty Work. The Contractor agrees that a
condition precedent to the County’s release of the five percent (5%) retention amount is in full
compliance with this provision herein. The Contractor must submit a completed invoice to the
County for approval. The Contractor agrees that the signature on the invoice certifies that it has
completed or submitted the following:
1. All warranties and maintenance requirements; and
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County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
A. Invoices are to be submitted in arrears, after services have been provided, to the address specified
below. Payment will be net 30 days after receipt of an invoice in a format acceptable to the
County of Orange and verified and approved by the agency/department and subject to routine
processing requirements. The County’s Project Manager, or designee, is responsible for approval
of invoices and subsequent submittal of invoices to the Auditor-Controller for processing of
payment. The responsibility for providing an acceptable invoice to the County for payment rests
with the Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to the
Contractor for correction.
B. The Contractor agrees that its signature on the invoice, as herein prescribed, constitutes a sworn
Statement. The Contractor agrees that its signature on the invoice requesting either partial or final
payment certifies that:
1. The specified percentage of Work has been completed and material supplied, and is
directly proportional to the amount of the payment currently requested.
2. The amount requested is only for performance in accordance with the specifications, terms
and conditions of the subject Contract.
3. Timely payments will be made to Subcontractor and suppliers from the proceeds of the
payment covered by this certification, in accordance with this Contract and their
subcontract agreements.
4. This request for payment does not include any amounts which the prime Contractor
intends to withhold or retain from a Subcontractor or supplier, except those amounts
withheld or retained in accordance with the terms and conditions of the subcontract.
5. Not less than the prevailing rates of wages as ascertained by the County have been paid to
laborers, workers and mechanics employed on the subject Work.
6. There has been no unauthorized substitution of Subcontractor, nor have any unauthorized
subcontracts been entered into.
7. No subcontract was assigned or transferred or performed by anyone other than the original
Subcontractor, except as provided in Sections 4100-4113, inclusive, of the Public Contract
Code.
8. Where applicable, payments to Subcontractor and suppliers have been made from previous
payments received under the Contract.
9. Request for final payment, the Contractor agrees that its signature on the invoice form
certifies that all Punch List items have been signed off as completed by the County, and
that all building inspection cards have been completed
C. The Contractor agrees that it is submitting a request for payment within one year of the
Completion of the project for which it is billing. If the Contractor does not submit a request for
payment within one year of the Completion of the project for which it is billing, it herein agrees to
forfeit that payment.
D. If the Contractor’s invoice is not approved, the County will issue a “Return of Invoice for
Correction” letter advising the Contractor of missing deliverables and/or information requiring
correction. After making the appropriate corrections, the Contractor agrees to submit a second, or
corrected, invoice.
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Attachment G
County of Orange, OC Public Works MA-080-18010867
Harry H. Joh Construction, Inc.
E. The Contractor agrees that even though the County has approved payment, the County retains the
right to further inspect the Work and issue correction notices.
F. After the first payment and before making any other payment to the Contractor, the County will
require that the Contractor produce and deliver to the County satisfactory proof or evidence that all
labor performed and materials furnished up to the date of the preceding payment request have been
fully paid for, and that as of the said date, no claims exist if that is the case. This partial release of
claim must be executed with the same formality as this Contract.
G. Upon receipt of a stop notice, the County will withhold from the Contractor an amount of money
sufficient to cover the potential cost of the stop notice and the reasonable cost of any associated
litigation. In order to satisfy the requirements of a stop notice, the County will refuse to release
funds held in retention.
H. The Contractor will provide an invoice on Contractor’s letterhead for services rendered. Each
invoice will have a number and will include the following information:
1. Contractor’s name and address
2. Contractor’s remittance address (if different from 1 above)
3. Name of County department
4. County Contract number
5. Service date(s)
6. Service description
7. Contractor’s Federal I. D. number
8. Updated duration schedule
9. An updated schedule of values
10. Releases
11. Total
I. Contractor has the option of receiving payment directly to their bank account via an Electronic
Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive
Electronic Remittance Advice with the payment details via email. An email address will need to be
provided to the County via an EFT Authorization Form. To request a form, please contact the DPA
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Attachment C
County of Orange, OC Public Works MA-080-16010246
Harry H Joh Construction
THIS Job Order Contract MA-080-16010246 for General Contracting Services (hereinafter
referred to as “Contract”) is made and entered into as of the date fully executed by and between County of
Orange, a political subdivision of the State of California, (hereinafter referred to as “County”) and Harry
H Joh Construction, (hereinafter referred to as “Contractor”), which are sometimes individually referred
to as (“Party”), or collectively referred to as (“Parties”).
RECITALS
WHEREAS, County and Contractor are entering into this Contract for General Contracting
Services under a Usage Contract; and,
WHEREAS, County solicited General Contracting Services as set forth herein, and Contractor
has represented that it is qualified and capable to provide General Contracting Services to the County as
further set forth herein; and,
WHEREAS, Contractor agrees to provide General Contracting Services to the County 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. Adjustment Factor: The Bidder‟s competitively bid price adjustment to the unit prices published in
the Construction Task Catalog®.
2. 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.
3. 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.
4. Construction Task Catalog® (CTC): 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.
5. 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.
6. 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.
7. Final Acceptance: All Work as 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
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Other Than Normal Working Hours: means Work done between the hours of 5:00 PM to 7:00 AM,
on week days and any times during Saturday, Sunday, and County holidays.
15. Project: The Work to be performed by Contractor on behalf of County pursuant to this Contract as
described in individual Job Orders.
16. Request for Quote (RFQ): The County‟s Request for Quote for a specific Job Order.
17. 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.
18. 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 General Contracting Services under a Usage
Contract, as set forth in the Scope of Work identified as Attachment A to this Contract.
2. Term: This Contract shall become effective October 6, 2015 if all necessary signatures have been
executed by that date, or upon execution of all necessary signatures if execution occurs after
October 6, 2015, and shall continue for one (1) year from said date or execution, whichever is later,
or until the total Contract amount is reached, or unless otherwise terminated as provided herein.
3. 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.
4. County's Representatives:
A. The Contract will be under the general direction of the Board of Supervisors. OC Public
Works 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, or OC Public Works, 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 insure 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.
5. 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. Superintendence: 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.
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. Superintendence and 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.
6. 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.
7. Child Support Enforcement Requirements: Contractor is required to comply with the child
support enforcement requirements of the County. Failure of the Contractor to comply with all
federal, state, and local reporting requirements for child support enforcement or to comply with all
lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute
a material breach of the Contract. Failure to cure such breach within 60 calendar days of notice
from the County shall constitute grounds for termination of the Contract.
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: The Contractor shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interests of the County. This
obligation shall apply to the Contractor; the Contractor‟s employees, agents, and relatives;
subcontractors; and third parties associated with accomplishing work and services hereunder. The
Contractor‟s efforts shall include, but not be limited to establishing precautions to prevent its
employees or agents from making, receiving, providing or offering gifts, entertainment, payments,
loans or other considerations which could be deemed to appear to influence individuals to act
contrary to the best interests of the County.
10. 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.
11. 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.
12. 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.
13. 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
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.
18. 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.
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. 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.
19. 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.
20. 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.
21. Protection: The Contractor shall take proper safety and health precautions to protect the Work, the
workers, the public, and the property of others. He 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 OC Public Works.
Contractor's and subcontractors' employees shall possess means of identification at all times as
required by OC Public Works 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 OC
Public Works. Any dispute as to compensation claimed by the Contractor on account of emergency
Work shall be determined by agreement as hereinafter set forth.
OC Public Works 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 OC
Public Works shall not relieve the Contractor of responsibility.
If the Contractor fails or refuses to comply promptly, OC Public Works 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.
22. 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 (“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 property resulting from defects or obstructions or from any cause
whatsoever during the progress of the Project or at any time before its completion and final
acceptance.
The Contractor shall indemnify, defend with counsel approved in writing by County and save
harmless the County Indemnitees from all claims, suits or actions of every name, kind and
description, brought for, or on account of, injuries to or death of any person or damage to property
resulting from the construction of the Project or by or in consequence of any negligence in guarding
the Project; use of improper materials in construction of the Project; or by or on account of any act
or omission by the Contractor or his agents during the progress of the Work or at any time before
the completion and final acceptance of the Project.
In addition to any remedy authorized by law, so much of the money due the Contractor under and
by virtue of the Contract as shall be considered necessary by the County may be retained by it until
disposition has been made of such suits or claims for damages as aforesaid.
If judgment is entered against Contractor and County by a court of competent jurisdiction because
of the concurrent active negligence of County and County Indemnitees, Contractor and County
agree that liability will be apportioned as determined by the court. Neither Party shall request a jury
apportionment.
Notwithstanding anything stated above, nothing contained herein shall relieve Contractor of any
insurance requirements of obligations created elsewhere in this Contract.
23. Other Contracts: The Board of Supervisors may undertake or award other contracts for additional
Work, and the Contractor shall fully cooperate with such other contractors and County employees
and carefully fit his own Work to such additional Work as may be directed by OC Public Works.
The Contractor shall not commit or permit any act, which will interfere with the performance of
Work by any other contractor or by County employees.
24. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants
or conditions of this Contract, shall constitute a material breach of this Contract. In such event the
County may, and in addition to any other remedies available at law, in equity, or otherwise specified
in this Contract:
i. Afford the Contractor written notice of the breach and ten calendar days or such shorter
time that may be specified in this Contract within which to cure the breach;
ii. Discontinue payment to the Contractor for and during the period in which the Contractor is
in breach and offset against any monies billed by the Contractor but yet unpaid by the
County those monies disallowed pursuant to the above.
iii. Terminate the Contract immediately without penalty.
25. Orderly Termination: Upon termination or other expiration of this Contract, each Party shall
promptly return to the other Party all papers, materials, and other properties of the other held by
each for purposes of execution of the Contract. In addition, each Party will assist the other Party in
orderly termination of this Contract and the transfer of all assets, tangible and intangible, as may be
necessary for the orderly, non-disruptive business continuation of each Party.
26. Wage Rates: Pursuant to the provisions of Section 1773 of the Labor Code of the state of
California, the Contractor shall comply with the general prevailing rates of per diem wages and the
general prevailing rates for holiday and overtime wages in this locality for each craft, classification,
or type of worker needed to execute this Contract. The rates are available from the Director of the
Department of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DpreWageDetermination.htm. The Contractor shall post a copy of such
wage rates at the jobsite and shall pay the adopted prevailing wage rates. The Contractor shall
comply with the provisions of Sections 1775 and 1813 of the Labor Code.
Travel and subsistence payments to each workman needed to execute the Work shall be made as
such travel and subsistence payments are defined in the applicable collective bargaining agreements
filed in accordance with Section 1773.8 of the Labor Code.
The County will not recognize any claim for additional compensation because of the payment by
the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The
possibility of wage increases is one of the elements to be considered by the Contractor in
determining his bid, and will not under any circumstances be considered as the basis of a claim
against the County on the Contract.
Pursuant to Section 1725.5 of the Labor Code, a contractor shall be registered to be qualified to bid
on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract
Code, or engage in the performance of any public work contract that is subject to the requirements
of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by
Section 1722.1.
It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by
Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public work pursuant to Section
1725.5 at the time the contract is awarded.
The County will not accept a bid nor enter any contract or subcontract without proof of the
contractor or subcontractor‟s current registration to perform public work pursuant to Section
1725.5.
Any job orders issued under this Contract may be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. The prime contractor shall post job site
notices, as prescribed by regulation. Each contractor and subcontractor shall furnish the records
specified in Section 1776 directly to the Labor Commissioner.
The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it shall
be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on
the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except as provided
in Section 3077.
27. Wage Rate Penalty: Pursuant to the provisions of the Labor Code Section 1775, the Contractor
shall forfeit to the County, as a penalty, the sum of Twenty-five Dollars ($25) for each calendar day,
or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated
prevailing rates for Work done under this Contract, by Contractor or by subcontractors, in violation
of the provisions of this Contract.
28. Payroll Records: CONTRACTOR and any Subcontractor(s) shall comply with the requirements of
Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified
in Section 1776 directly to the Labor Commissioner in an electronic format, or other format as
specified by the Commissioner, in the manner provided by Labor Code Section 1771.4.
CONTRACTOR and any Subcontractor(s) shall comply with the provisions of Labor Code Sections
1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing
rates of per diem wages and holiday and overtime wages as determined by the Director of Industrial
Relations. CONTRACTOR shall post a copy of these wage rates at the job site for each craft,
classification, or type of worker needed in the performance of this Contract, as well as any
additional job site notices required by Labor Code Section 1771.4(b). Copies of these rates are on
file at the principal office of COUNTY‟s representative, or may be obtained from the State Office,
Department of Industrial Relations (“DIR”) or from the DIR‟s website at www.dir.ca.gov. If the
Contract is federally funded, CONTRACTOR and any Subcontractor(s) shall not pay less than the
higher of these rates or the rates determined by the United States Department of Labor.
29. Work Hour Penalty: Eight hours of labor constitute a legal day's Work, and forty hours constitute
a legal week's Work. Pursuant to Section 1813 of the Labor Code of the State of California, the
Contractor shall forfeit to the County Twenty Five Dollars ($25) for each worker employed in the
execution of this Contract by the Contractor or by any subcontractor for each calendar day during
which such worker is required or permitted to Work more than the legal day's or week's Work,
except that Work performed by employees of said Contractor and subcontractors in excess of the
legal limit shall be permitted without the foregoing penalty upon the payment of compensation to
the workers for all hours worked in excess of eight hours per day of not less than 1-1/2 times the
basic rate of pay.
30. Registration of Contractors: All contractors and subcontractors must comply with the
requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to
Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in
Section 1771.1. This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations. After award of the contract, CONTRACTOR and each
Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the
manner specified in Labor Code Section 1771.4
31. Withholding of Wage Differentials: The County may withhold from the Contractor as much of
any accrued payments as may be necessary to pay laborers, craft workmen and mechanics employed
on the Project any difference between the rate of wages required to be paid pursuant to California
law and the rate of wages actually paid to such laborers, craft workmen and mechanics.
32. Craft Labor Time Records: The Contractor shall keep full, true and accurate records of the names
and actual hours worked by the respective workers and laborers employed under this Contract in
accordance with California Labor Code and shall allow access to the same any reasonable hour to
the County, its agents or representatives and to any person having the authority to inspect the same
as contemplated under the provisions of said California Labor Code, or when requested by the
County.
Eight (8) hours of labor shall constitute a legal day‟s Work. The Contractor shall comply with
Labor Code regarding legal day‟s Work and overtime.
33. Non-Discrimination: In the performance of the terms of this Contract, Contractor agrees that he
will not engage in nor permit such subcontractors as he may employ to engage in discrimination
against any employee or applicant for employment on the basis of race, sex, color, religion,
ancestry, national origin, marital status, age or as an otherwise qualified handicapped individual.
This prohibition shall pertain to employment, upgrading, demotion, or transfer; recruitment
advertising; layoff or termination; rates of pay and other forms of compensation; selection for
training, including apprenticeship; and any other action or inaction pertaining to employment
matters.
34. Assignment Of Antitrust Actions: In accordance with Public Contract Code, Section 7103.5, by
entering into this Contract or into a subcontract to supply goods, services, or materials pursuant to
this Contract, the Contractor, or subcontractor, offers and agrees to assign to the County all rights,
title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2
of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or
materials pursuant to this Contract or the subcontract. This assignment shall be made and become
effective at the time the County tenders final payment to the Contractor, without further
acknowledgment by the parties. The Contractor shall cause to be inserted in any such subcontract
stipulations to effectuate this Clause and the provisions of Public Contract Code, Section 7103.5.
35. Substituted Security: In accordance with Section 22300 of the Public Contract Code, the County
will, at the request and expense of the Contractor, accept securities equivalent to any amount
withheld by the County to ensure performance under this Contract, including, but not limited to, the
amount withheld under Attachment B, Paragraph IV of the Contract. Such substituted security must
meet the requirements of said Section 22300, and shall be deposited with a California or federally
chartered bank as escrow agent. The security shall be held by the escrow agent subject to a written
escrow agreement between County, Contractor, and escrow agent, which Contract shall be in a for
substantially similar to that contained in Public Contract Code, Section 22300.
36. Apprentices: The Contractor shall familiarize himself with the provisions of Section 1777.5 of the
Labor Code regarding employment of apprentices, and shall be responsible for compliance
therewith, including compliance by his subcontractors.
Contractor agrees to comply with the provisions of Labor Code Section 1777.5 and any other
applicable laws or regulations, including but not limited to, 8 California Code of Regulations,
Section 230.1(A), pertaining to apprentices. Section 1777.5 shall not apply to contracts of general
contractors or to contracts of specialty contractors not bidding for Work through a general or prime
contractor when the contracts of general contractors or those specialty contractors involve less than
Thirty Thousand Dollars ($30,000).
Contractor and subcontractor shall comply with Section 1777.6 of the Labor Code which stipulates
that an employer or a labor union shall not refuse to accept otherwise qualified employees as
registered apprentices on any public works on any basis listed in subdivision (a) of Section 12940
of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the
Government Code, except as provided in Section 3077 of the Labor Code and Section 12940 of the
Government Code.
37. Liquidated Damages: Timely Completion of services provided under this Contract is of the
essence. Should the Contractor fail to substantially complete the Work specified in the Job Order in
accordance with the approved construction schedule, and provided the Contractor has not
previously obtained a written extension of time from the County in accordance with this Contract, a
sum appropriate with the following schedule may be deducted from each succeeding request for
payment as liquidated damages on each Job Order if applicable.
Schedule for Liquidated Damages
Job Order price Liquidated damages per day
Up to $100,000 $500
Greater Than $100,000 $1,000
A. The applicability of liquidated damages shall be clearly noted on the Request for Quote for
each Job Order. No liquidated damages shall apply if not noted on the Request for Quote. If
the Contractor fails to complete any part of the Work in accordance with the Work duration
schedule, the County agrees to have the right to complete that part of the Work it deems
necessary in order to maintain the Work duration schedule. All direct and indirect costs of
such Work shall be paid by the Contractor.
38. Material, Workmanship, and Acceptance:
A. Where materials are specified by reference to standard specifications of the American Society
for Testing Materials (A.S.T.M.), Federal Specifications, or others, all applicable provisions
of the designated specifications shall be considered as forming a part of the Contract
documents to the same force and effect as if repeated therein.
B. All Work under this Contract shall be performed in a skillful and workmanlike manner. OC
Public Works may, in writing, require the Contractor to remove from the Work any employee
County Project Manager deems incompetent, careless, or otherwise objectionable.
C. The Contractor shall, without charge, replace any material or correct any workmanship found
by OC Public Works not to conform to the Contract requirements, unless in the public interest
OC Public Works consents to accept such material or workmanship with an appropriate
adjustment in Contract price. The Contractor shall promptly segregate and remove rejected
material from the premises.
D. If the Contractor does not promptly replace rejected material or correct rejected workmanship,
the County (1) may, by Contract or otherwise, replace such material or correct such
workmanship and charge the cost thereof to the Contractor, or (2) may terminate the
Contractor's right to proceed.
E. Unless otherwise provided in this Contract, acceptance by the County shall be accomplished
by recordation of Notice of Completion which shall be made as promptly as practicable after
completion and inspection of all Work required by this Contract. Acceptance shall be final
and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount
to fraud, or as regards the County's rights under any warranty or guarantee. Informal
procedures such as "punch lists" are not to be deemed final or conditional acceptance.
39. Subcontracts:
A. List of Subcontractors: Contractor shall list all Subcontractors, as part of the Quote, as
provided for in Attachment A, ordering procedures.
B. Licensed Subcontractors: Each subcontractor selected for the Work shall be licensed in the
State of California in his particular field.
C. Transactions: Transactions with subcontractors shall be made through the Contractor except
when in emergency situations the General Contractor is not readily available, in which case
detailed instructions will be transmitted to subcontractors directly.
D. Responsibility: Contractor shall be fully responsible to the County for the acts and omissions
of subcontractors and all persons directly or indirectly employed by them as he is for the acts
and omissions of himself and of persons-directly or indirectly employed by him and shall pay
each subcontractor promptly the amount allowed Contractor on account of such
subcontractor's Work to the extent of such subcontractor's interest therein.
E. Contractual Relations: Nothing contained in this Contract shall create any contractual
relations between County and a subcontractor.
B. Schedules of Work included in the sections, where listed, are given for convenience only, and
shall not be considered as a comprehensive list of items or Work necessary to complete the
Work of any section.
C. Where devices or items or parts thereof are referred to in the singular, it is intended that such
reference shall apply to as many such devices, items, or parts as are required to properly
complete the Work.
D. Each section of the specifications is covered by applicable requirements of the Contract
documents and other related sections as if therein written.
42. Site Conditions:
A. Existing Site Conditions: Information with respect to the site of the Work given in drawings
or specifications has been obtained by County's representatives and is believed to be
reasonably correct, but the County does not warrant either the completeness or accuracy of
such information, and it is the responsibility of the Contractor to verify all such information.
B. Changed Conditions: The Contractor shall promptly, and before such conditions are
disturbed, notify the County Project Manager in writing of:
i. Subsurface or latent physical conditions at the site differing materially from those
indicated in this Contract, or
ii. Unknown physical conditions at the site, of an unusual nature, differing materially from
those ordinarily encountered and generally recognized as inherent in Work of the
character provided for in this Contract.
iii. Material that the Contractor believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code that is required to be removed
to a Class I, Class II or Class III disposal site in accordance with provisions of existing
law.
iv. County Project Manager will promptly investigate the conditions, and if, as a result,
finds that such conditions do so materially differ and cause an increase or decrease in
the Contractor's cost of, or the time required or performance of this Contract, an
equitable adjustment in accordance with section 17 above, and Articles 32 and 46, shall
be made and the Contract modified in writing accordingly. Any claim of the Contractor
for adjustment hereunder shall not be allowed unless he has given notice as above
required.
In the event that a dispute arises between the County and the Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase
in the Contractor‟s cost of, or, time required for, performance of any part of the Work,
the Contractor shall not be excused from any scheduled completion date provided for
by the Contract, but shall proceed with all Work to be performed under the Contract.
The Contractor shall retain any and all rights provided either by Contract or by law
which pertain to the resolution of disputes and protests between the contracting parties.
C. Public Utility Facilities on Project Site: Pursuant to Government Code, Section 4215, the
Contractor shall be compensated for the costs of locating and repairing damage not due to
failure of Contractor to exercise reasonable care, and removing, relocating existing or
protecting existing main or trunkline utility facilities located on the Contract construction site
and not identified in the plans or specifications with reasonable accuracy. This will be
accomplished by the issuance of a separate Job Order. The payment of this is full
compensation for all Contractor‟s cost.
D. Space at Site: The Contractor shall be allowed reasonable space at the site of the Work as
available and access thereto and shall confine his operations to the space assigned. The Work
shall be done without interference with the ordinary use of streets, berthing places, fairways,
and passages. The Contractor shall cooperate with other Contractors of the County and shall
not commit or permit any act which will interfere with the performance of Work by any other
Contractor or employees of the County whether at the site or not.
E. Facility Security: Contractor shall keep all doors locked while working in any buildings on
the site. Keys shall not be left in the doors. Contractor shall not admit any person into the
building that is not a direct employee of the Contractor and not actively engaged in
performance of the Work. Contractor shall restrict access to the areas of the facility not
specifically included in this Contract for construction services. The Contractor shall check all
windows and doors for proper closure and locking, extinguish all lights except master security
lighting, and then reactivate the security system (if applicable) prior to leaving the facility.
F. Security System: The site and the Work area may be protected by limited access security
systems. An initial access code number will be issued to the Contractor by the County.
Thereafter, all costs for changing the access code due to changes in personnel or required
substitution of contracts shall be paid by the Contractor and may be deducted from payments
due or to become due to the Contractor. Furthermore, any alarms originating from the
Contractor‟s operations shall also be paid by the Contractor and may be deducted from
payments due or to become due to the Contractor.
G. Secured Facilities: For specific Job Orders, the work may be conducted at secured County
facilities. As a requirement to work in these Facilities, all Contractor employees, including
all subcontractor employees, must obtain a security clearance. If security clearances are
required, this will be discussed at the Joint Scope meeting. At the Joint Scope meeting, all
requirements and forms will be provided by the County Project Manager. Also, the
requirement to obtain the clearances will be incorporated in the Job Order Schedule. All costs
to obtain clearances are the responsibility of the Contractor.
H. Employee Acceptability: If required by a specific Job Order, prior to commencing any
construction at the site, Contractor shall obtain security clearances of all persons and/or
entities it intends to employ. During the life of a Job Order, Contractor shall remove and
replace any employee working on this project when requested to do so by the County.
43. Beneficial Occupancy:
A. The County may, at any time, and from time to time, during the performance of the Work,
enter the structure for the purpose of installing any necessary Work by County labor of other
contracts, and for any other purpose in connection with the installation of facilities. In doing
so, the County shall endeavor not to interfere with the Contractor and the Contractor shall not
interfere with other Work being done by or on behalf of the County.
B. If, prior to completion and Final Acceptance of all the Work under a specific Job Order, the
County takes possession of any structure (whether completed or otherwise) comprising a
portion of that Project with the intent of retaining possession thereof (as distinguished from
temporary possession contemplating the return to the Contractor), then, while the County is in
possession of the same, the Contractor, notwithstanding its normal responsibilities, shall be
relieved of liability for loss or damage to structure other than that resulting from the
Contractor's fault or negligence. Such taking of possession by the County shall not relieve the
Contractor from any provisions of this Contract respecting such structure, other than to the
extent specified in the preceding sentence, nor constitute a final acceptance of such structure.
46. Governing Law and Venue: This Contract has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State of California. In the
event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a
court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to
and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure
section 394. Furthermore, the Parties specifically agree to waive any and all rights to request that
an action be transferred for trial to another County.
47. Entire Contract: This Contract, including Attachments, which are attached hereto and
incorporated herein by this reference, when accepted by the Contractor either in writing or by the
shipment of any article or other commencement of performance hereunder, contains the entire
Contract between the Parties with respect to the matters herein and there are no restrictions,
promises, warranties or undertakings other than those set forth herein or referred to herein. No
exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by
County in writing. Electronic acceptance of any additional terms, conditions or supplemental
Contracts by any County employee or agent, including but not limited to installers of software, shall
not be valid or binding on County unless accepted in writing County‟s Purchasing Agent or his
designee.
48. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in
writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall
be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid
or binding on County unless authorized by County in writing.
49. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state
sales or use tax.
50. Warranty Work: Failure by the Contractor to take corrective action within twenty four (24) hours
after personal or telephonic notice by the County's OC Public Works on items affecting essential
use of the facility, safety or the preservation of property, and within ten (10) calendar days
following written notice on other deficiencies, will result in the County taking whatever corrective
action it deems necessary. All costs resulting from such action by the County will be claimed
against Contractor or, if necessary, the Contractor's Performance Bond.
51. Patent Infringement:
A. The Contractor shall report to OC Public Works, promptly and in reasonable detail, each
notice or claim of patent infringement based on the performance of this Contract of which the
Contractor has knowledge.
B. In the event of any suit against the County, or any claim against the County made before suit
has been instituted, on account of any alleged patent infringement arising out of the
performance of this Contract, or out of the use of any supplies furnished or Work or services
performed hereunder, the Contractor shall, at his own expense, furnish to the County, upon
request, all evidence and information in possession of the Contractor pertaining to such suit or
claim. The Contractor further agrees to indemnify, defend with counsel approved in writing
by County and hold harmless the County against any and all claims or lawsuits based upon
such patent infringement, to defend such suits, and to pay any judgment rendered against
County, its employees, or the Board of Supervisors.
52. Assignment: Neither the Contract nor any portion thereof may be assigned by the Contractor
without the expressed permission of the County. Claims for monies due or to become due the
Contractor from the County under this Contract may be assigned, with the written consent of the
County Purchasing Agent or designee, to a bank, trust company, or other financing institution and
may thereafter be further assigned or reassigned to any such institution. To effect such assignments,
the Contractor, or his assignee, shall submit a written request to the County Project Manager
enclosing a letter from the proposed assignee indicating that it will accept such assignment. Any
attempted assignment contrary to the provisions of this paragraph shall be void.
53. Termination For Cause & Damages For Delay:
A. If the Contractor refuses or fails to prosecute the Work with such diligence as will insure its
completion within the time specified in this Contract or any extension thereof, or fails to
complete said Work within such time, the County Project Manager may, by written notice to
the Contractor, terminate his right to proceed with the Project or such part of the Project as to
which there has been delay. In such event, the County may take over the Project and
prosecute the same to completion, by Contract or otherwise, and may take possession of and
utilize in completing the Project such materials, appliances, and plant as may be on the site of
the Project and necessary therefore. Whether or not the Contractor's right to proceed with the
Project is terminated, he and his sureties shall be liable for any damage to the County
resulting from his refusal or failure to complete the Project within the specified time.
B. If fixed and agreed liquidated damages are provided in the Contract and if the County takes
over the Project or otherwise incurs damages as a result of Contractor‟s default, the resulting
damage will consist of such liquidated damages until such reasonable time as may be required
for final completion of the Project together with any increased costs occasioned the Project in
completing the Project as well as any other damages incurred by County.
C. The Contractor's right to proceed shall not be so terminated nor the Contractor charged with
resulting damage if:
i. The delay in the completion of the Project arises from causes beyond the control and
without the fault or negligence of the Contractor, including, but not restricted to, acts of
God, acts of the public enemy, acts of the County, acts of another contractor in the
performance of a Contract with the County, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, other than normal weather, or delays of
subcontractors or suppliers arising from causes beyond the control and without the fault
or negligence of both the Contractor and such subcontractors or suppliers; and
ii. The Contractor, within ten days from the beginning of any such delays (unless OC
Public Works grants a further period of time before the date of final payment under the
Contract), notifies OC Public Works in writing of the causes of delay.
iii. OC Public Works shall ascertain the facts and the extent of the delay and extend the
time for completing the Project when, in its judgment, the delay is justified. OC Public
Works shall make written findings, and the findings of fact shall be final and conclusive
on the parties, subject only to as the procedures provided in Article 43 of these Articles.
D. The rights and remedies of the County provided in this Clause are in addition to any other
rights and remedies provided by law or under this Contract.
54. Termination for Convenience of the County: Notwithstanding any other provision of the
Contract, the County may, at any time, and without cause, terminate this Contract in whole or in
part, upon not less than seven (7) days' written notice to the Contractor. Such termination shall be
effected by delivery to the Contractor of a notice of termination specifying the effective date of the
termination and the extent of the Work to be terminated. The Contractor shall immediately stop
Work in accordance with the notice and comply with any other direction as may be specified in the
notice or as provided subsequently by the County. The County shall pay the Contractor for the
Work completed prior to the effective date of the termination and such other payment Contractor is
entitled to under Attachment A, section III. “Performance Requirements” and such payment shall be
Contractor's sole remedy under this Contract. Under no circumstances will the Contractor be
entitled to anticipatory or unearned profits, consequential damages, or other damages of any sort as
a result of a termination or partial termination under this Paragraph. The Contractor shall insert in
all subcontracts that the sub-consultant shall stop Work on the date of and to the extent specified in
a notice of termination, and shall require sub-consultant‟s to insert the same condition in any lower
tier subcontracts.
55. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived
and no breach excused, unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the
other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other
different or subsequent breach.
56. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as to
one another and as to any other provided by law, rather than exclusive; and the expression of certain
remedies in this Contract does not preclude resort by either Party to any other remedies provided by
law.
57. Independent Contractor: Contractor shall be considered an independent Contractor and neither
the Contractor, its subcontractors, employees, nor anyone working for Contractor under this
Contract shall be considered an agent or an employee of County. Neither the Contractor, employees
nor anyone working for the Contractor under this Contract shall qualify for workers‟ compensation
or other fringe benefits of any kind through County.
58. Performance: Contractor shall perform all Work under this Contract, taking necessary steps and
precautions to perform the Work to County‟s satisfaction. Contractor shall be responsible for the
professional quality, technical assurance, timely completion and coordination of all documentation
and other goods/services furnished by the Contractor under this Contract. Contractor shall perform
all Work diligently, carefully, and in a good and workman-like manner; shall furnish all labor,
supervision, machinery, equipment, materials, and supplies necessary therefore; shall at its sole
expense obtain and maintain all permits and licenses required by public authorities, including those
of County required in its governmental capacity, in connection with performance of the Work; and,
if permitted to subcontract, shall be fully responsible for all Work performed by subcontractors.
59. Insurance Provisions: Prior to the provision of services under this Contract, the Contractor agrees
to purchase all required insurance at Contractor‟s expense, including all endorsements required
herein, necessary to satisfy the County that the insurance provisions of this Contract have been
complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and
endorsements on deposit with the County during the entire term of this Contract. In addition, all
subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain
insurance subject to the same terms and conditions as set forth herein for Contractor. The County
reserves the right to request the declarations pages showing all endorsements and a complete
certified copy of the policy. In addition, all subcontractors performing work on behalf of Contractor
pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth
herein for Contractor.
Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to
this Contract shall be covered under Contractor's insurance as an Additional Insured or maintain
insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor
shall not allow subcontractors to work if subcontractors have less than the level of coverage
required by County from Contractor under this Contract. It is the obligation of Contractor to
provide notice of the insurance requirements to every subcontractor and to receive proof of
insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be
maintained by Contractor through the entirety of this Contract for inspection by County
representative(s) at any reasonable time.
All self-insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate of
Insurance. If no deductibles or SIRs apply, indicate this on the Certificate of Insurance with a zero
(0) by the appropriate line of coverage. Any deductible or self-insured retention (SIR) in an amount
in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the
County Executive Office (CEO)/Office of Risk Management upon review of Contractor‟s current
audited financial report. Contractor shall be responsible for reimbursement of any deductible to the
insurer. Any self-insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate
of Insurance. Upon notice of any actual or alleged claim or loss arising out of subcontractor‟s work
hereunder, subcontractor shall immediately satisfy in full the SIR provisions of the policy in order
to trigger coverage for the Contractor and Additional Insureds.
If the Contractor fails to maintain insurance acceptable to the County for the full term of this
Contract, the County may terminate this Contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A-
(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current
edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is
preferred, but not mandatory, that the insurer be licensed to do business in the state of California
(California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum limits
and coverage as set forth below:
2)A primary non-contributing endorsement evidencing that the Contractor‟s insurance is primary
and any insurance or self-insurance maintained by the County of Orange shall be excess and non-
contributing.
3)A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10/01) or a
form at least as broad, or an acceptable alternative is the ISO from CG2010 (ed. 11/85).
The Workers‟ Compensation policy shall contain a waiver of subrogation endorsement waiving all
rights of subrogation against the County of Orange, its elected and appointed officials, officers,
employees and agents when acting within the scope of their appointment or employment.
All insurance policies required by this Contract shall waive all rights of subrogation against the
County of Orange, its elected and appointed officials, officers, employees and agents when acting
within the scope of their appointment or employment
Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten
(10) days for non-payment of premium and provide a copy of the cancellation notice to County.
Failure to provide written notice of cancellation may constitute a material breach of the Contract,
upon which the County may suspend or terminate this Contract.
The Commercial General Liability policy shall contain a severability of interests clause (standard in
the ISO CG 001 policy).
Insurance certificates should be forwarded to the agency/department address listed on the
solicitation.
If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days
of the notification by CEO/Purchasing or the agency/department purchasing division, award may be
made to the next qualified Contractor.
County expressly retains the right to require Contractor to increase or decrease insurance of any of
the above insurance types throughout the term of this Contract. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect County.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of
this Contract, nor in any way to reduce the policy coverage and limits available from the
insurer.
59. Bonds: The Contractor shall furnish, at time of signing the Contract, one surety bond which shall
protect the laborers and material men and shall be for 100 percent of the amount of the Contract, in
accordance with Section 3248 of the Civil Code, and one surety bond in the amount of 100 percent
of the Contract, guaranteeing the faithful performance of the Contract; said bonds to be first
approved by the office of the County Counsel and the County Executive Office of Orange County.
Such bonds shall be the forms provided in these specifications and issued and executed by an
admitted surety insurer (authorized to transact surety insurance in California). (e.g., if the bonds are
issued through a surplus line broker, both the surplus line broker and the insurer with whom he is
doing business for purposes of this project must be licensed in California to issue such bonds.)
The faithful performance bond shall be issued by a Surety company with a minimum insurance
rating of A- (Secure Best‟s Rating) and VIII (Financial Size Category) as determined by the most
records and information shall be considered confidential and kept confidential by Contractor and
Contractor‟s staff, agents and employees.
66. Compliance with Laws: Contractor represents and warrants that services to be provided under this
Contract shall fully comply, at Contractor‟s expense, with all standards, laws, statutes, restrictions,
ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those
issued by County in its governmental capacity and all other laws applicable to the services at the
time services are provided to and accepted by County. Contractor acknowledges that County is
relying on Contractor to ensure such compliance, and pursuant to the requirements of Article 22
above, Contractor agrees that it shall defend, indemnify and hold County and County Indemnitees
harmless from all liability, damages, costs and expenses arising from or related to a violation of
such laws.
67. Pricing: The Contract price, as more fully set forth in Attachment B, shall include full
compensation for providing all required goods in accordance with required specifications, or
services as specified herein or when applicable, in the Scope of Work attached to this Contract, and
no additional compensation will be allowed therefore, unless otherwise provided for in this
Contract.
68. Intentionally left blank.
69. Terms and Conditions: Contractor acknowledges that it has read and agrees to all terms and
conditions included in this Contract.
70. Headings: The various headings and numbers herein, the grouping of provisions of this Contract
into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience
only and shall not limit or otherwise affect the meaning hereof.
71. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
72. Calendar Days: Any reference to the word “day” or “days” herein shall mean calendar day or
calendar days, respectively, unless otherwise expressly provided.
73. Attorneys Fees: In any action or proceeding to enforce or interpret any provision of this Contract,
or where any provision hereof is validly asserted as a defense, each Party shall bear its own
attorney‟s fees, costs and expenses.
74. Authority: The Parties to this Contract represent and warrant that this Contract has been duly
authorized and executed and constitutes the legally binding obligation of their respective
organization or entity, enforceable in accordance with its terms.
75. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal
and State statutes and regulations regarding the employment of aliens and others and that all its
employees performing Work under this Contract meet the citizenship or alien status requirement set
forth in Federal statues and regulations. The Contractor shall obtain, from all employees
performing Work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the
Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as
they may be hereafter amended. The Contractor shall retain all such documentation for all covered
employees for the period prescribed by the law. The Contractor shall indemnify, defend with
counsel approved in writing by County, and hold harmless, the County, its agents, officers, and
employees from employer sanctions and any other liability which may be assessed against the
Contractor or the County or both in connection with any alleged violation of any Federal or State
statutes or regulations pertaining to the eligibility for employment of any persons performing Work
under this Contract.
76. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold 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
(“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature,
including but not limited to personal injury or property damage, arising from or related to the
services, products or other performance provided by Contractor pursuant to this Contract. If
judgment is entered against Contractor and County by a court of competent jurisdiction because of
the concurrent active negligence of County or County Indemnitees, Contractor and County agree
that liability will be apportioned as determined by the court. Neither Party shall request a jury
apportionment. Notwithstanding anything stated above, nothing contained herein shall relieve
Contractor of any insurance requirements of obligations created elsewhere in this Contract.
77. Waiver of Claims: Unless a shorter time is specified elsewhere in this Contract, on or before
making his final request for payment, Contractor shall submit to County, in writing, all claims for
compensation under or arising out of this Contract; the acceptance by Contractor of the final
payment shall constitute a waiver of all claims against County under or arising out of this Contract
except those previously made in writing and identified by Contractor as unsettled at the time of his
final request for payment.
78. Cultural/Scientific Resource Finds: If the Contractor's operations uncover or Contractor‟s
employees find any burial grounds or remains, ceremonial objects, petroglyphs, and archaeological
or paleontological or other artifacts of like nature within the construction area, Contractor shall
immediately notify the County of Contractor‟s findings and shall modify construction operations so
as not to disturb the findings pending receipt of notification as to determination of the final
disposition of such finding from the County. Should the findings, or notification as to disposition of
findings, require additional work, a Job Order will be issued at the County‟s discretion.
Any findings of a cultural/scientific resource nature shall remain the property of the County and not
become the property of the person or persons making the discovery.
Page 26 of 52
Attachment C
County of Orange, OC Public Works MA-080-16010246
Harry H Joh Construction
ATTACHMENT A
SCOPE OF WORK
I. SCOPE OF WORK: Contractor shall provide all labor, materials, tools, equipment, utilities, vehicles, and
transportation services required to provide General Contracting Services under this Contract. Services
may be provided, but may not be limited to, any facility or property which is owned, operated, or
maintained by the County. General Contracting Services shall be provided in accordance with the
following, which are incorporated herein by this reference.
A. Construction Task Catalog® & Technical Specifications Titled: Job Order Contracting; Dated
April 2015 (to be distributed at Pre-Bid Meeting).
B. All other requirements identified specifically in A Job Order Detailed Scope of Work, which
include but not limited to drawings, additional specifications, as-built records, sketches, written
scope narratives, standard specification from other local, state and federal agencies.
C. California Building Code and other codes, ordinances, rules, regulations, orders and legal
requirements of Agency Having Jurisdiction which bear on the performance of the work.
D. Secured Facilities: The Contractor may be required to have their employees, subcontractors and/or
suppliers submit applications and complete security clearances prior to commencing any work in a
secured County facility. Contractor employees, subcontractors and/or suppliers will be required to
submit to fingerprinting and personal background checks as part of the security clearance process.
As part of the required Joint Scope Meeting, the Contractor and the County will agree on a
sequence of Work; means of access to the premises and building; space for storage of materials and
equipment; Work and materials and use of approaches; use of corridors, stairways, elevators, and
means of communications and the location of partitions, eating spaces, and restrooms for the
Contractor, for individual Job Orders. The Contractor agrees to be responsible for taking these
factors into account when developing its Quotation.
The Detailed Scope of Work will be completed by the Contractor and submitted to the County for
approval, prior to issuance of a Request for Quote. This Detailed Scope of Work must be submitted
within forty-eight (48) hours or a mutually agreed upon time of the joint scope meeting. If
consultant services are required to clarify project requirements, they will be completed and
submitted with the Scope of Work for County approval before a Request for Quote will be issued.
Unless waived in writing, the Contractor agrees to provide all documentation required to fully
establish the Scope of Work including, but not limited to, shop drawings, sketches and/or
specifications that comply with the Contract specifications and relate to the proposed project. This
documentation will be provided for the purpose of defining scope, obtaining permits, and assisting
the County in determining the best possible solution for repair and refurbishment issues. If the
County requests a change in the proposed Scope of Work, the Contractor agrees to submit a revised
Scope of Work reflecting all requested changes within forty-eight (48) hours.
C. Quote Development
The Contractor Quote agrees to be comprised of the following elements:
1. Detailed Cost Quote
a. Pre-Priced Work requirements: Pre-Priced Work requirements will identify the type
and number of Work tasks required from the CTC. The price per unit set forth in the
CTC shall serve as the base price for the purpose of the operation of this article. The
Contractor‟s Quote shall include support documentation to indicate that adequate
engineering and planning for the requirement has been done, and that the Work tasks
proposed are reasonable for the Scope of Work. Documentation to be submitted with
the Quote shall include, but not be limited to, shop drawings, calculations, Catalog®
cuts, and specifications.
b. The total extended price for Pre-Priced Work requirements will be determined by
multiplying the price per unit by the quantity required. The price offered in the Quote
will be determined by multiplying the total extended price by the appropriate
Adjustment Factor.
4. Submittals
All documents, shop drawings, and “As-Built” drawings shall be prepared such that the
drawings meet all the requirements of Local, State, and Federal regulations, codes and
directives. The Contractor agrees to also provide as necessary, the forms, studies, and other
documentation required by applicable codes and agencies.
The Contractor agrees to ensure that all engineering solutions conform strictly to the guides
and criteria outlined in Contract specifications. In case of uncertainty of detail or procedure,
the Contractor agrees to request additional instruction from the County. The Contractor is
responsible for producing complete, competent, properly coordinated, and thoroughly
checked documents.
At the Contractor‟s expense, as part of their Adjustment Factors, the documentation noted
above, shall be prepared and reviewed as necessary to ensure its compliance with all
applicable laws and regulations.
c. Adjustment of the Work duration schedule; the Contractor agrees that whenever it
becomes apparent to the County, from the current monthly status review meeting or the
schedule, that phasing or Job Order milestone dates will not be met, it will take some or
all of the following actions at no additional cost to the County.
1. Increase construction manpower in such quantities and crafts as will eliminate the
backlog of Work.
2. Increase the number of working hours per shift, shifts per working day.
3. Reschedule the Work under the Job Order in conformance with all other
requirements. The Contractor agrees to be liable for any additional cost incurred
by the County for the adjustment of project schedules.
4. Prior to proceeding with any of the above actions, the Contractor agrees to notify
and obtain approval from the County‟s Project Manager for the proposed
schedule changes. If such actions are approved, the Contractor agrees to
incorporate the revisions into the schedule.
6. Subcontractor‟s List
The Quote represents the Contractor‟s offer to do Work, and as such, in accordance with
Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of California, the
Contractor agrees to list, on the Subcontractor listing report, the name, business location and
the California Contractor License number of each Subcontractor that will perform Work,
labor or render service on the Work in excess of one-half of one percent (1/2%) of the total
Quote amount. Contractors and Subcontractor which have been debarred from public works
projects by the Labor Commissioner may not perform Work under this Contract. The
Contractor agrees to list project percentage of proposed Subcontractor and percentage of the
project to be self-performed.
Contractor agrees to advise the County of any Subcontractor substitution(s) prior to
commencement of subcontract Work and to only substitute Subcontractor as authorized under
Public Contract Code sections 4100 et seq. Contractor may be subject to penalties in
accordance to the above referenced sections for illegal Subcontractor substitution.
7. Electronic Quote
The Contractor agrees to transmit an electronic copy of the Quote, using the County furnished
software, to the County.
8. Complete Quote
By submitting a signed Quote, the Contractor is agreeing to accomplish the Work outlined in
the RFQ and the Detailed Scope of Work for that particular Job Order. It is the Contractor‟s
responsibility to include the necessary line items in the Quote prior to submitting it to the
County. Errors and omissions in the Quotes shall be the responsibility of the Contractor. All
costs associated with preparing Quotes shall be the responsibility of the Contractor. The
County makes no commitment as to the award of individual Job Orders.
D. Quote Review
Each Quote received from the Contractor will be reviewed in detail for appropriateness of quantities
and tasks selected. Submittals will be reviewed, as well as the Work duration schedule and list of
Subcontractor. The County will evaluate the proposed Work units and may compare them with the
independent County estimate of the same tasks to determine the reasonableness of approach,
including the nature and number of Work units proposed. The County will determine whether the
Contractor‟s Quote is acceptable.
E. Project Approval
The County may issue a Job Order Authorization for the Work, to include the firm-fixed-price of
the Job Order and the project duration. Contractor agrees that all clauses of this Contract are
applicable to any Job Order issued hereunder.
The County reserves the right to reject a Contractor‟s Quote based on unjustifiable quantities and/or
methods, performance periods, inadequate documentation, or other inconsistencies or deficiencies
on the Contractor‟s part in the sole opinion of the County.
The County reserves the right to issue a unilateral Job Order authorization for the Work if a Quote
price cannot be mutually agreed upon. This is based upon unjustifiable quantities in the sole opinion
of the County.
The County also reserves the right to not issue a Job Order Authorization if the County‟s
requirement is no longer valid or the project is not funded. In these instances, the Contractor has no
right of claim to recover Quote expenses. The County may pursue continuing valid requirements by
other means where Contract was not reached with the Contractor.
F. Quote Time Requirements
1. Quote Submittal
The Contractor agrees to respond to a Request for Quote within forty-eight (48) hours.
Contractor‟s response shall confirm receipt of the Request for Quote, and a mutually agreed
upon date for submittal of Contractor‟s detailed price Quote.
The Contractor agrees to make a thorough analysis of each Request for Quote and submit all
requests for information to the County, in writing. All requests for information and the
responses are to be documented in the Detailed Scope of Work. The requests shall include
supporting sketches or information necessary to properly convey requested information.
Contractor shall submit recommended solution(s) review and consideration. The requests for
information shall not extend the Quote due date unless mutually agreed to by the County.
2. Quote Review
The Contractor‟s project manager or agent agrees to be available for Quote review meetings
within twenty-four (24) hours of being notified by the County (via fax, e-mail, telephone,
etc). After review of the Quote, the Contractor agrees to remove all inapplicable line items
and adjust quantities as directed by the County.
3. Quote Modification
The Contractor will be granted only one opportunity to add new, valid line items that may
have been omitted from its first Quote by submitting a second, revised Quote. The Contractor
agrees to submit the revised Quote within forty-eight (48) hours of the initial Quote review
meeting, unless otherwise specified in writing. Upon review of the revised Quote, the
Contractor agrees to remove all line items or adjust quantities deemed inappropriate by the
County, and re-submit its Quote within twenty-four (24) hours. No new line items may be
added to the revised Quote, nor may quantities be increased, nor modifiers added unless
specifically agreed to in writing by the County‟s subsequent Quote review.
4. Enforcement of Time Requirements
The Quote time requirements contained herein will be strictly enforced. Failure to comply
may result in the Contractor being deemed non-responsive to the Request for Quote. The
County may cancel the Request for Quote from the Contractor and solicit another Contractor.
The County may also deem the Contractor ineligible for any future JOC contracts.
Upon approval of the Scope of Work and the Contractor‟s Quote, the County will issue a Job Order
Authorization to the Contractor. The Job Order Authorization will include the firm fixed price of
the Job Order and the project duration. Once the Job Order Authorization has been issued the
Contractor agrees to:
1. Initiate submission of required shop drawings and submittals to the County for review and
approval.
2. Prepare a detailed Work duration schedule.
3. The Contractor agrees to not begin construction prior to the construction start date identified
in the Notice to Proceed (NTP).
4. Upon issuance of the NTP, the County agrees to have the right to direct the Contractor to
withhold actual commencement of a Job Order in part or in whole, and the Contractor agrees
to comply with such instructions. The Contractor agrees to be granted an extension of the
completion time of the Job Order equal to the number of working days delay caused to
County pursuant to Contractor's compliance with such instructions. The Contractor will not
be entitled to any additional compensation due to the subject extension of the Completion
time. The only compensation would be if a Job Order is delayed in part, after Work has
commenced, and the Contractor is required to perform additional Work to make the Work
area safe or to perform additional scope as directed by the County. This additional Work will
be considered additional Work and ordered as a separate Job Order.
C. Pre-Construction Meeting
No more than seven (7) days from the issuance of the NTP, unless the County grants additional
time, the County will conduct a pre-construction meeting with the Contractor‟s project manager,
Subcontractors, and the end-user to determine the actual project schedule, project access
requirements and to address and resolve any customer concerns.
D. Project Construction
The Contractor agrees to provide continuous on-site supervision on each Job Order, while progress
on the project is being accomplished. The Contractor‟s Project Manager will ensure:
1. Coordination and providing supervision to all Subcontractor and workers;
2. Posting of the prevailing wage scale;
3. Maintaining a copy of the Contractors safety program manual made available to all
construction personnel;
4. Conducting weekly on-site safety meetings;
5. Completing the daily labor and construction progress log on a daily basis and submit copies
to the County on a daily basis. Copies of the previous day‟s reports must be submitted by
9:00AM of the following day.
a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by
trade providing services for the day.
b. Construction progress log is to include a narrative of the Work provided by trade(s).
Narrative agrees to include the various areas of the jobsite where Work was performed
and any problems or conditions that were encountered.
c. In the event the Contractor fails to provide a daily log and/or construction progress log,
the County may impose damages against the Contractor in the amount of fifty dollars
($50.00) for each log and deduct from the Contractor‟s payment request, for each day
the Contractor does not provide the documentation.
6. County may suspend Contractor operations if no Contractor Superintendent is observed. All
delays caused by the suspension will be the responsibility of the Contractor. No time
extension or claims for cost(s) associated with the suspension will be granted by the County.
E. Changed Work
Changed Work (all added or deleted Work), as it pertains to the approved Detailed Scope of Work
included in a specific Job Order, shall be either changes directed by the County or unforeseen site
conditions, which were not evident during the Initial Joint Scope Meeting. This additional Work
will be considered a subsequent Job Order, for that specific project, and will be ordered, approved
and executed as per the procedures set forth in this Contract.
A credit for Tasks that have been deleted from the Detailed Scope of Work will be given at 100% of
the value at which they were included in the original Quote. Credits for Pre-Priced and Non Pre-
Priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the appropriate
Adjustment Factors. A Supplemental Job Order will be issued detailing the credit(s) due the
County.
F. Project Completion
The Contractor agrees to schedule a final job walk with the County. If required, the County will
prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the “Punch
List” corrections and schedule a final project completion job walk. The County will sign the
“Punch List” as completed when determined, the project is finished. The Contractor agrees to
submit the following along with its final payment request:
1. “Punch List” signed by the County;
2. Completed building inspection card;
3. All required warranties and maintenance requirements;
4. All record drawings or as-built drawings,
5. All required operation and maintenance manuals;
6. All keys and security entry cards;
7. Any other closeout items.
J. The County will not pay any costs for licenses required in the performance of the Work. The
Contractor agrees to assume this responsibility in total.
K. As required by the Detailed Scope of Work for a specific Job Order, the County may be required to
enter into Contracts with other Local, State and Federal Agencies to accomplish the subject Scope
of Work. Agencies may include but are not limited California Department of Fish and Game, US.
Army Corps of Engineers, California Regional Water Quality Control Board. The Contractor will
be required to comply with the requirements set forth within the permit.
L. Best Management Practices (BMPs) may be required for specific Job Orders, which will be
indentified in the Detailed Scope of Work. All California Storm Water Quality Association
(CASQA) Construction BMPs may be viewed at www.cabmphandbooks.com. It is the Contractors
responsibility to pay for all costs incurred by the specific BMPs. The County will not reimburse
these costs.
M. As required by the Detailed Scope of Work, per a specific Job Order the following permits may
apply and will be provided by the County:
1. NPDES Dewatering Permit
2. NPDS Municipal Storm Water Sewer System Permit
3. NPDES General Construction Permit
4. Any site specific permits identified by County
N. If applicable, the NPDES Watering Permit shall be provided in accordance with the following:
1. Construction Related Dewatering & De Minimus Discharges, Santa Ana Region:
a. The County has been issued Municipal NPDES Permit No. CAS618030, Order No. R8-
2009-0030, from the California Regional Water Quality Control Board, Santa Ana
Region. Section III.3.ii. of this permit authorizes de minimus types of discharges listed
in the Santa Ana Regional Board‟s General De Minimus Permit for Discharges to
Surface Waters, Order No. R8-2009-0003, from County owned and/or operated
facilities and activities (including construction), outside of the Newport Bay watershed.
b. A copy of the County‟s Municipal NPDES Permit (Order No. R8-2009-0030) may be
found on the internet at:
http://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders/2009
/09_030_oc_stormwater_ms4_permit.pdf
c. A copy of the Santa Ana Regional Board‟s General De Minimus Permit for Discharges
to Surface Waters (Order No. R8-2009-0003) may be found on the internet at:
http://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders/2009
/09_003_deminimus_permit_wdr.pdf
d. For de minimus discharges outside of the Newport Bay Watershed, the Contractor is
hereby directed to read and thoroughly comply with the language in Section III.3.ii. of
the County‟s Municipal NPDES Permit (Order No. R8-2009-0030) and to consult the
General De Minimus Permit (Order No. R8-2009-0003) for the types of de minimus
discharges which are covered.
O. National Pollutant Discharge Elimination System (NPDES) General Permit For Storm Water
Discharges Associated With Construction And Land Disturbance Activities Water Quality Order
2009-0009-Dwq (CGP):
1. On September 2, 2009, the State Water Resources Control Board adopted Order No. 2009-
The Notice of Intent or Notice of Construction Activity must be filled out electronically
on-line through the State‟s SMART System. Contractor shall coordinate with the
County Project Manager to provide the required information to fill out the NOI on-line
form. Upon receipt of all required information (including all items required below),
County staff will electronically submit the Project information through the SMART
system.
2. Site Map(s) Includes
i. The project‟s surrounding area (vicinity)
ii. Site layout
iii. Construction site boundaries
iv. Drainage areas
v. Discharge locations
vi. Sampling locations
vii. Areas of soil disturbance (temporary or permanent)
viii. Active areas of soil disturbance (cut or fill)
ix. Locations of all runoff BMPs
x. Locations of all erosion control BMPs
xi. Location of all sediment control BMPs
xii. ATS locations (if applicable)
xiii. Location of sensitive habitats, watercourses, or other features which are not to be
disturbed
xiv. Locations of all post construction BMPs
xv. Location of storage areas for waste, vehicles, service, loading/unloading of
materials, access (entrance/exits) points to construction site, fueling and water
storage, water transfer for dust control and compaction practices
3. Storm Water Pollution Prevention Plan (SWPPP)
The Contractor will need to submit a site-specific SWPPP for review, approval, and
certification by the County prior to submittal to the State‟s SMART system and prior to
start of mobilization and construction activity and will comply with the approved
SWPPP and with any subsequent amendments to the SWPPP.
NO CONSTRUCTION ACTIVITY CAN BE ALLOWED UNTIL THE COUNTY
RECEIVES A “WDID” NUMBER FROM THE REGIONAL BOARD.
Full compensation for conforming to the requirements of this section shall be
considered as included in the Adjustment Factor and no additional compensation will
be allowed therefor.
The Contractor must amend the SWPPP from time to time during the course of Work to
reflect actual construction progress and construction practices.
The SWPPP shall not be construed to be a waiver of the Contractor‟s obligation to
review and understand the CGP before submitting a bid. By submitting a bid, the
Contractor acknowledges that he has read and understands the requirements of the CGP
and will fully comply with the requirements of the CGP.
4. Annual Fee (if applicable)
The annual fees are established through regulations adopted by the State Water Board.
The total annual fee is the current base fee plus applicable surcharges for the total
acreage to be disturbed during the life of the Project. Annual fees are subject to change
by regulation. The County will be not invoiced annually until the Project is complete
and the Notice of Termination (NOT) submitted to the Regional Board. The cost per
acre fee is based upon a table provided at the following website:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/sw_feeschedul
es2008.pdf
The Contractor shall be responsible for paying the CGP permit fees until the Project
NOT has been filed and accepted by the Regional Board. The Contractor shall be
responsible for determination of the permit fees based upon his proposed construction
operations and total disturbed areas. Contractor shall submit permit fees to the County
Project Manager for verification, and County will submit the fee to the Regional Board.
5. A Signed Certification Statement must be submitted by the Legally Responsible Party
(LRP). The County Project Manager will coordinate with the Contractor to acquire
relevant information for the certification. The County will submit the certification
statement.
6. Risk Assessment
The Contractor shall use the Risk Assessment procedure as describe in the CGP
Appendix 1.
i. The Standard Risk Assessment includes utilization of the following:
1) Receiving water Assessment Interactive map
2) EPA Rainfall Erosivity Factor Calculator Website
3) Sediment Risk interactive map
4) Sediment sensitive water bodies list
ii. The site-specific Risk Assessment includes the completion of the hand calculated
R value Risk Calculator in the Revised Universal Soil Loss Equation (RUSLE).
7. Post Construction Water Balanced Calculator (if applicable)
The Contractor shall complete the Water Balance Calculator (in Appendix 2 of the
General Permit) in accordance with the instructions when subject to this requirement.
(Note to Engineer: This paragraph will only apply when DISTRICT or the County does
not have a current MS4 (Municipal) permit in place.)
8. ATS Design Document and Certification
The Contractor using ATS must submit electronically their system design (as well as
any supporting documentation) and proof that the system was designed by a qualified
ATS design professional (See Attachment F of the General Permit).
P. Best Management Practices (PMF9.2S)
Contractor and all of Contractor‟s, subcontractors, agents, employees and contractors shall conduct
operations under this Contract so as to assure that pollutants do not enter municipal storm drain
systems which systems are comprised of, but are not limited to curbs and gutters that are part of the
street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact
"Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks,
streams, estuaries, lakes, harbors, bays and oceans).
Contractor shall comply with all water quality ordinances, permits and regulations. If Work
identified under a Specific Job Order does not fall within statewide Painting Permit, Contactor shall
implement appropriate BMPs consistent with County‟s DAMP/LIP.
Contractor may propose alternative BMPs that meet or exceed the pollution prevention performance
of the BMP specified in DAMP/LIP. Any such alternative BMPs shall be submitted to the County
Project Manager for review and approval prior to implementation.
This requirement in no way relieves the Contractor of responsibility for complying with local
ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the
job or related to the job, including but not limited to trucks, transit mixers or transient equipment
that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in
favor of light warnings, except those required by safety laws for the protection of personnel.
O. Construction Area: Contractor shall protect property and facilities adjacent to the construction area
and all property and facilities within the construction area which are shown on the plans are to be
protected. After project completion, the construction area shall be in a clean and presentable
condition. All public or privately owned improvements and facilities shall be restored to their
original condition and location. If improvements or facilities are damaged, they shall be replaced
with new materials which are at least equal to the original materials. Nothing herein shall be
construed to entitle the Contractor to the exclusive use of any public street, way, or parking area
during performance of the Work. Contractor shall conduct its operations so as not to interfere with
the authorized Work of utility companies or other agencies in such streets, ways or parking areas.
The Contractor shall be responsible for investigating conditions of available public and private
roads and of clearances, restrictions and other limitations affecting transportation and ingress and
egress to the site of the Work. Use of equipment will be minimized during any Stage II or Stage III
smog alerts. All equipment will meet emissions standards. Dust Control is required at all times.
All proper public safety measures are to be used during construction, including barriers, flagmen
and signing. Equipment must conform to all applicable noise regulations.
P. Contractor shall, whenever possible, minimize the use of water during project construction.
Watering equipment shall be kept in good working order. Water leaks shall be repaired promptly.
Washing of equipment, except when necessary for the safety or for the protection of equipment,
shall be discouraged. Water curing of concrete improvements as specified in Section 303-1.10,
"Curing" of the Standard Specifications for Public Works Construction, shall not be allowed unless
specifically permitted by these Special Provisions or directed by the Project Manager. Nothing in
this section, "Water Conservation," shall be construed as relieving the Contractor of furnishing
sufficient water as required for the proper construction of this project in accordance with the
Standard Specifications for Public Works Construction and these Special Provisions.
Q. Contractor shall anticipate that storm, surface and possible ground or other waters will be
encountered at various times and locations during the Work. Such waters may interfere with
Contractor's operations and may cause damage to adjacent or down-stream private and/or public
property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the
Contractor. The Contractor, by submitting a bid, assumes all of said risk and the Contractor
acknowledges that its bid was prepared accordingly.
The Contractor shall conduct its operations in such a manner that storm or other waters may
proceed without diversion or obstruction along existing street and drainage courses. Drainage of
water from existing or proposed catch basins shall be maintained at all times. Diversion of water
for short reaches in order to protect construction in progress will be permitted if public or private
properties are not damaged or, in the opinion of the Project Manager, are not subject to the
probability of damage. Contractor shall at no cost to County obtain written permission from the
appropriate public agency or property owner before any diversion of water will be permitted by the
Project Manager.
During the course of water control the Contractor shall conduct construction operations to protect
waters from being polluted with fuels, oils, bitumens or other harmful materials, and shall be
responsible for removing said materials in the event protective measures are not effective.
Construction site shall be maintained in such a condition that an anticipated storm does not carry
wastes or pollutants off site.
Discharges of material other than stormwater are allowed only when necessary for performance and
completion of construction practices and where they do not: cause or contribute to a violation of any
water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a
hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302,
or any other law or applicable regulation.
Potential pollutants include but are not limited to: vehicle/equipment fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; vehicle/equipment wash water and concrete mix wash water;
concrete, detergent or floatable wastes; wastes from any engine/equipment steam cleaning or
chemical degreasing; solid or liquid chemical spills; wastes from sealants, limes, and solvents; and
superchlorinated potable water line flushings.
During construction, disposal of such materials should occur in a specified and controlled
temporary area on-site, physically separated from potential storm water run-off, with ultimate
disposal in accordance with local, state, and federal requirements.
Notwithstanding the above, management of stormwater shall be done with all applicable statutes,
ordinances, permits, regulations and provisions of this Contract governing stormwater.
The County may, at any time, by written stop Work order to the Contractor, require the Contractor to stop
all or any part of the Work, as per a specific Job Order, for a period of 90 days after the stop Work order
is delivered to the Contractor and for any further period to which the Parties may agree. The stop Work
order shall be specifically identified as such and shall indicate it is issued under this clause. Upon receipt
of the stop Work order, the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the Work covered by the stop Work order during the
period of Work stoppage. Within a period of 90 days after a stop Work order is delivered to the
Contractor or within any extension of that period to which the Parties shall have agreed, the County shall
either:
A. Cancel the stop Work order; or
B. Cancel the Job Order immediately in whole or in part in writing as soon as feasible.
a. The Consultant hereby grants to the Contractor, and the Contractor hereby accepts from the
Consultant for the term of this Contract or Consultant‟s Contract with thte Owner,
whichever is shorter, a non-exclusive right, privilege, and license to Consultant‟s
proprietary JOC System and related proprietary material (collectively referred to as
“Proprietary Information”) to be used for the sole purpose of executing Contractor‟s
responsibilities to the Owner under this Contract. The Contractor hereby agrees that
Proprietary Information shall include, but is not limited to, Consutant‟s JOC Applications
and support documentation, Construction Task Catalog®, training material and other
Consultant provided proprietary material. In the event the is Contract expires or terminates
as provided herein, or the Consultant‟s Contract with the Owner expires or terminates, this
JOC System License shall terminate and the Contractor shall return all Proprietary
Information in its possession to the Consultant.
b. Consultant may terminate this License Agreement in the event of: (1) any breach of a
material term of this Agreement by the Contractor which is not remedied within ten (10)
days after written notice to the breaching party; or (2) the other party‟s making an
assignment for the benefit of its creditors, or the filing by or against such party of a petition
under any bankruptcy or insolvency law, which is not discharged within thirty (30) days of
such filing.
c. The Contractor acknowledges that disclosure of Proprietary Information will result in
irreparable harm to the Consultant for which monetary damages would be an inadequate
remedy and agrees that no such disclosure shall be made to anyone without first receiving
the written consent of the Consultant. The Contractor further acknowledges and agrees to
respect the copyrights, registrations, trade secrets, and other proprietary rights of the
Consultant in the Proprietary Information during and after the term of this Contract and
shall at all times maintain complete confidentiality with regard to the proprietary
Information provided to the Contractor.
d. In the event of a conflict of terms and conditions between this JOC System License and any
other terms and conditions of this Contract or any Job Order, Purchase Order or similar
purchasing document issued to the Contractor by the owner, this JOC System License shall
take precedence.
ATTACHMENT B
CONTRACTOR’S PRICING
I. COMPENSATION: This is an all-inclusive, usage Contract between the County and Contractor for General
Contracting Services, as set forth in Attachment “A” Scope of Work.
The Contractor agrees to accept the specified compensation as set forth in this Contract as full
remuneration for performing all services and furnishing all staffing, labor, insurance, bonds. prevailing
wage, vehicles, equipment, tools, materials, overhead, travel, etc. required, for any reasonably unforeseen
difficulties which may arise or be encountered in the execution of the services until acceptance, for risks
connected with the services, and for performance by the Contractor of all its duties and obligations
hereunder. The Contractor shall only be compensated as set forth herein below for work performed in
accordance with the Scope of Work. The County shall have no obligation to pay any sum in excess of the
Total Contract Amount specified herein below unless authorized by amendment.
II. FEES AND CHARGES: County will pay the following in accordance with the provisions of this Contract.
A. Adjustment Factors: The Contractor‟s two Adjustment Factors that will be applied against the prices
set forth in the Contract Task Catalog®. These Adjustment Factors will be used to price out fixed
price Job Orders by multiplying the appropriate Adjustment Factor by the Unit Prices and
appropriate quantities.
i. FACTOR 1 - Unit Work requirements to be performed during Normal Working Hours
(7:00AM to 5:00PM) as ordered by the County in individual Job Orders against this Contract.
0.6488
Utilize four decimal places
ii. FACTOR 2 - Unit Work requirements to be performed during Other Than Normal Working
Hours (5:01PM to 6:59AM) as ordered by the County in individual Job Orders against this
Contract.
0.6498
Utilize four decimal places
III. PRICE INCREASES/DECREASES: No increases to the Adjustment Factors or to any line items in the
Construction Task Catalog® will be permitted during the term of this Contract.
IV. CONTRACTOR’S EXPENSE: The Contractor will be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance of
Work and services under this Contract.
V. PAYMENTS TERMS:
A. The County shall make payments upon the agreed upon price for a specific Job Order as listed in
the Notice to Proceed. The County will make progress payments monthly as the Work proceeds on
estimates approved by County Project Manager. The Contractor shall furnish a breakdown of the
total Contract price showing the amount included therein for each principal category of the Work, to
provide a basis for determining progress payments. The County will only pay for actual Work in
place.
B. Lump sum payment - if an individual Job Order is scheduled for Completion within 45 days or
less, the County will make one payment after 30 days of Work to the Contractor, exclusive of
retention. Contractor may request for one payment (including retention payment); however,
payment will be made after Final Acceptance of the Job Order.
C. Partial payment – the County will consider a request for partial payments for Job Orders scheduled
for a performance period of greater than 45 days.
D. Retention - When payments are made under this Contract, five percent (5%) of each requested and
approved payment will be retained. The retention will be released upon Final Acceptance of the
Work, and the County‟s approval on the final payment request. A Notice of Completion for each
individual Job Order must be filed. Final payment is to be made 35 days subsequent to the filing of
the Notice of Completion.
E. Retention Release - The County‟s release of the retention does not relieve the Contractor of its
responsibility to comply with both the proposed Scope of Work and the terms and conditions of the
Job Order and Contract for completed and warranty Work. The Contractor agrees that a condition
precedent to the County‟s release of the five percent (5%) retention amount is in full compliance
with this provision herein. The Contractor must submit a completed invoice to the County for
approval. The Contractor agrees that the signature on the invoice certifies that it has completed or
submitted the following:
1. All warranties and maintenance requirements; and
Orange and verified and approved by the agency/department and subject to routine processing
requirements. The County‟s Project Manager, or designee, is responsible for approval of invoices and
subsequent submittal of invoices to the Auditor-Controller for processing of payment. The
responsibility for providing an acceptable invoice to the County for payment rests with the
Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to the Contractor
for correction.
B. The Contractor agrees that its signature on the invoice, as herein prescribed, constitutes a sworn
Statement. The Contractor agrees that its signature on the invoice requesting either partial or final
payment certifies that:
1. The specified percentage of Work has been completed and material supplied, and is directly
proportional to the amount of the payment currently requested.
2. The amount requested is only for performance in accordance with the specifications, terms
and conditions of the subject Contract.
3. Timely payments will be made to Subcontractor and suppliers from the proceeds of the
payment covered by this certification, in accordance with this Contract and their subcontract
agreements.
4. This request for payment does not include any amounts which the prime Contractor intends to
withhold or retain from a Subcontractor or supplier, except those amounts withheld or
retained in accordance with the terms and conditions of the subcontract.
5. Not less than the prevailing rates of wages as ascertained by the County have been paid to
laborers, workers and mechanics employed on the subject Work.
6. There has been no unauthorized substitution of Subcontractor, nor have any unauthorized
subcontracts been entered into.
7. No subcontract was assigned or transferred or performed by anyone other than the original
Subcontractor, except as provided in Sections 4100-4113, inclusive, of the Public Contract
Code.
8. Where applicable, payments to Subcontractor and suppliers have been made from previous
payments received under the Contract.
9. Request for final payment, the Contractor agrees that its signature on the invoice form
certifies that all Punch List items have been signed off as completed by the County, and that
all building inspection cards have been completed
C. The Contractor agrees that it is submitting a request for payment within one year of the Completion of
the project for which it is billing. If the Contractor does not submit a request for payment within one
year of the Completion of the project for which it is billing, it herein agrees to forfeit that payment.
D. If the Contractor‟s invoice is not approved, the County will issue a “Return of Invoice for Correction”
letter advising the Contractor of missing deliverables and/or information requiring correction. After
making the appropriate corrections, the Contractor agrees to submit a second, or corrected, invoice.
E. The Contractor agrees that even though the County has approved payment, the County retains the
right to further inspect the Work and issue correction notices.
F. After the first payment and before making any other payment to the Contractor, the County will
require that the Contractor produce and deliver to the County satisfactory proof or evidence that all
labor performed and materials furnished up to the date of the preceding payment request have been
fully paid for, and that as of the said date, no claims exist if that is the case. This partial release of
claim must be executed with the same formality as this Contract.
G. Upon receipt of a stop notice, the County will withhold from the Contractor an amount of money
sufficient to cover the potential cost of the stop notice and the reasonable cost of any associated
litigation. In order to satisfy the requirements of a stop notice, the County will refuse to release funds
held in retention.
H. The Contractor will provide an invoice on Contractor‟s letterhead for services rendered. Each invoice
will have a number and will include the following information:
1. Contractor‟s name and address
2. Contractor‟s remittance address (if different from 1 above)
3. Name of County department
4. County Contract number
5. Service date(s)
6. Service description
7. Contractor‟s Federal I. D. number
8. Updated duration schedule
9. An updated schedule of values
10. Releases
11. Total
I. Contractor has the option of receiving payment directly to their bank account via an Electronic Fund
Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive
Electronic Remittance Advice with the payment details via email. An email address will need to be
provided to the County via an EFT Authorization Form. To request a form, please contact the DPA
A. In the case of an Individual Contractor, his/her name, date of birth, Social Security number, and
residence address:
Name:
D.O.B: Social Security No:
Residence Address:
B. In the case of a Contractor doing business in a form other than as an individual, the name, date of
birth, Social Security number, and residence address of each individual who owns an interest of
10 percent or more in the contracting entity:
Name:
D.O.B: Social Security No:
Residence Address:
Name:
D.O.B: Social Security No:
Residence Address:
Name:
D.O.B: Social Security No:
Residence Address:
"I certify that Harry H Joh Construction is in full compliance with all applicable federal and state
reporting requirements regarding its employees and with all lawfully served Wage and Earnings
Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the
term of Contract #MA-080-16010246 with the County of Orange. I understand that failure to comply
shall constitute a material breach of the contract and that failure to cure such breach within 60 calendar
days of notice from the County shall constitute grounds for termination of the contract.
Page 48 of 52
Attachment C
County of Orange
OC Public Works
Shane L. Silsby, Director
(The premium charged on this bond is $ , being at the rate of $ per thousand of the
Contract price.)
THAT, WHEREAS, the COUNTY OF ORANGE, State of California, entered into a contract dated
, hereinafter called “Contract,” with
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the
faithful performance of said Contract, and,
Page 49 of 52
Attachment C
THE CONDITION OF THIS OBLIGATION is such that, if the Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to, and abide by, and well and truly keep and
perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as
therein provided, on his or its part to be kept and performed, at the time and in the manner therein specified,
in all respects according to their true intent and meaning, and shall indemnify, defend with counsel approved
in writing by COUNTY, and save harmless the COUNTY OF ORANGE, its officers and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and
virtue. And the said Surety (ies), for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or to the
specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to
the work, or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ____________.
By By
CEO/Risk Management Name & Title (see footnote)
By
APPROVED AS TO FORM Name & Title (see footnote)
Office of the County Counsel
Orange County, California
SURETY (ies)
By By
Deputy
Dated
Footnote: Pursuant to the requirements of California Corporations Code section 313, one of the following
two methods must be used by a corporation when it enters into a contract with the County:
1) Two people must sign the document. One of them must be the chairman of the board, the
president or any vice president. The other must be the secretary, any assistant secretary, the
chief financial officer or any assistant treasurer.
2) One corporate officer may sign the document, providing that written evidence of the officer‟s
authority to bind the corporation with only his or her signature must be provided. This
evidence would ideally be a corporate resolution.
Signature of Surety(ies) representative must be notarized. Attach certificate of notarization to this document.
Name of Surety(ies) Company must be typed or stamped above signature line of surety(ies) representative.
Page 50 of 52
Attachment C
County of Orange
OC Public Works
Shane L. Silsby, Director
WHEREAS, said Contractor is required by the provisions of Sections 9550 et. seq. of the Civil Code to
furnish a bond in connection with said Contract, as hereinafter set forth; and,
duly authorized to transact business under the laws of the State of California, as Surety(ies), hereinafter
called “Surety(ies),” are held and firmly bound unto COUNTY OF ORANGE in the penal sum of
Dollars ($ ),
lawful money of the United States, said sum being not less than the estimated amount payable by the said
COUNTY OF ORANGE under the terms of the Contract, for the payment of which sum, well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
Page 51 of 52
Attachment C
By By
CEO/Risk Management Name & Title (see footnote)
By
APPROVED AS TO FORM Name & Title (see footnote)
Office of the County Counsel
Orange County, California
SURETY(IES)
By By
Deputy
Dated
Footnote: Pursuant to the requirements of California Corporations Code section 313, one of the following
two methods must be used by a corporation when it enters into a contract with the County:
1) Two people must sign the document. One of them must be the chairman of the board, the president
or any vice president. The other must be the secretary, any assistant secretary, the chief financial
officer or any assistant treasurer.
2) One corporate officer may sign the document, providing that written evidence of the officer‟s
authority to bind the corporation with only his or her signature must be provided. This evidence
would ideally be a corporate resolution.
Signature of Surety(ies) representative must be notarized. Attach certificate of notarization to this document.
Name of Surety(ies) Company must be typed or stamped above signature line of surety (ies) representative.
Page 52 of 52
Attachment A
OC PUBLIC WORKS
PROCUREMENT SERVICES
BID RECAP
Interlog Corp dba Interlog Harry H Joh MIK Construction Horizons Construction Vincor Construction MTM Construction
Construction Construction Inc Co Intl Inc Inc Inc
Ranking: 1 2 3 4 5 6
Line Bid Line Description Quantity Quantity Quantity Quantity Quantity Quantity
1 Normal Working 0.6200 0.6488 0.6800 0.6900 0.7000 0.7100
2 Other Than Normal 0.6200 0.6498 0.6900 0.6901 0.7001 0.7100
3 Composite Factor 0.6200 0.6490 0.6820 0.6900 0.7000 0.7100
Respondent Name Rick Chung Rob Cayabyab Billy Kim Kinan Kotrash Vincent Cortes Sarah Jin
Respondent Telephone 714-529-1130 562-630-3348 x209 213-393-3488 714-262-0000 714-558-8100 626-934-1112
Respondent Email rick@interlogconstruction.com rcayabyab@hjconst.com billykim@mikinc.us bidding@horizonscci.com vincent@vincorinc.com sarahjin@mtminc.us
*didn’t acknowledge
Addendum
Comments
1 of 2
Page 1 of 2
Attachment A
OC PUBLIC WORKS
PROCUREMENT SERVICES
BID RECAP
Respondent Name Jimmy Chung Young Kang Costas Georgiou Albert Holguin Brian Rick Roy Profitt
Respondent Telephone 562-804-0478 714-443-3655 310-834-8015 323-490-3751 619-794-5734 714-761-3205 x201
Respondent Email jc@newcreationbuilders.com ywkang@angelescontractor.com geor123@pacbell.net worldwide@wwcgc.com brian.rick@goodmencorp.com estimating@melsmithelectric.com
Nonresponsive
Bid bond is $45K,
should be $450K
*didn’t acknowledge Addendum
Comments
2 of 2
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
THIS Job Order Contract MA-080-18011453 for HVAC Services (hereinafter referred to as
“Contract”) is made and entered into as of the date fully executed by and between County of Orange, a
political subdivision of the State of California, (hereinafter referred to as “County”) and Harry H. Joh
Construction, Inc., (hereinafter referred to as “Contractor”), which are sometimes individually
referred to as (“Party”), or collectively referred to as (“Parties”).
RECITALS
WHEREAS, County and Contractor are entering into this Contract for HVAC Services
under a Usage Contract; and,
WHEREAS, County solicited HVAC Services as set forth herein, and Contractor has
represented that it is qualified and capable to provide HVAC Services to the County as further set forth
herein; and,
WHEREAS, Contractor agrees to provide HVAC Services to the County 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. Adjustment Factor: The Bidder’s competitively bid price adjustment to the unit prices published
in the Construction Task Catalog®.
2. 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.
3. 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.
4. Construction Task Catalog® (CTC): 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.
5. 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
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management
Practices (BMPs) that parties using properties within Orange County must adhere to.
6. 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.
7. Final Acceptance: All Work as 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
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Other Than Normal Working Hours: means Work done between the hours of 5:00 PM to 7:00
AM, on week days and any times during Saturday, Sunday, and County holidays.
15. Project: The Work to be performed by Contractor on behalf of County pursuant to this Contract
as described in individual Job Orders.
16. Request for Quote (RFQ): The County’s Request for Quote for a specific Job Order.
17. 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.
18. 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.
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
ARTICLES
1. Scope of Contract: This Contract, including Attachments, specifies the contractual terms and
conditions by which the Contractor will provide HVAC Services under a Usage Contract, as set
forth in the Scope of Work identified as Attachment A to this Contract.
2. Term: This Contract shall become effective April 12, 2018 if all necessary signatures have been
executed by that date, or upon execution of all necessary signatures if execution occurs after
April 12, 2018, and shall continue for one (1) year from said date or execution, whichever is
later, or until the total Contract amount is reached, or unless otherwise terminated as provided
herein. Dates are in accordance with prior year’s contract expiration
3. 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.
4. County's Representatives:
A. The Contract will be under the general direction of the Board of Supervisors. OC Public
Works 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, or OC Public Works, 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.
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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 insure 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.
5. 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. Superintendence: 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.
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,
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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. Superintendence and 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.
6. 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.
7. Child Support Enforcement Requirements: Contractor is required to comply with the child
support enforcement requirements of the County. Failure of the Contractor to comply with all
federal, state, and local reporting requirements for child support enforcement or to comply with
all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall
constitute a material breach of the Contract. Failure to cure such breach within 60 calendar days
of notice from the County shall constitute grounds for termination of the Contract.
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: The Contractor shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interests of the County. This
obligation shall apply to the Contractor; the Contractor’s employees, agents, and relatives;
subcontractors; and third parties associated with accomplishing work and services hereunder.
The Contractor’s efforts shall include, but not be limited to establishing precautions to prevent
its employees or agents from making, receiving, providing or offering gifts, entertainment,
payments, loans or other considerations which could be deemed to appear to influence
individuals to act contrary to the best interests of the County.
10. 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.
11. 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.
12. 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
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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.
13. 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.
14. 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 spokespersons for County projects
without first obtaining permission from the County Project Manager.
15. 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.
16. 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
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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.
17. 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.
18. 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.
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.
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.
19. 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.
20. 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
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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.
21. Protection: The Contractor shall take proper safety and health precautions to protect the Work,
the workers, the public, and the property of others. He 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
OC Public Works. Contractor's and subcontractors' employees shall possess means of
identification at all times as required by OC Public Works 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 OC Public Works. Any dispute as to compensation claimed by the
Contractor on account of emergency Work shall be determined by agreement as hereinafter set
forth.
OC Public Works 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
OC Public Works shall not relieve the Contractor of responsibility.
If the Contractor fails or refuses to comply promptly, OC Public Works 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.
22. 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 (“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 property resulting from defects or obstructions or from any cause
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Harry H. Joh Construction, Inc.
whatsoever during the progress of the Project or at any time before its completion and final
acceptance.
The Contractor shall indemnify, defend with counsel approved in writing by County and save
harmless the County Indemnitees from all claims, suits or actions of every name, kind and
description, brought for, or on account of, injuries to or death of any person or damage to
property resulting from the construction of the Project or by or in consequence of any negligence
in guarding the Project; use of improper materials in construction of the Project; or by or on
account of any act or omission by the Contractor or his agents during the progress of the Work or
at any time before the completion and final acceptance of the Project.
In addition to any remedy authorized by law, so much of the money due the Contractor under
and by virtue of the Contract as shall be considered necessary by the County may be retained by
it until disposition has been made of such suits or claims for damages as aforesaid.
If judgment is entered against Contractor and County by a court of competent jurisdiction
because of the concurrent active negligence of County and County Indemnitees, Contractor and
County agree that liability will be apportioned as determined by the court. Neither Party shall
request a jury apportionment.
Notwithstanding anything stated above, nothing contained herein shall relieve Contractor of any
insurance requirements of obligations created elsewhere in this Contract.
23. Other Contracts: The Board of Supervisors may undertake or award other contracts for
additional Work, and the Contractor shall fully cooperate with such other contractors and County
employees and carefully fit his own Work to such additional Work as may be directed by OC
Public Works. The Contractor shall not commit or permit any act, which will interfere with the
performance of Work by any other contractor or by County employees.
24. Breach of Contract: The failure of the Contractor to comply with any of the provisions,
covenants or conditions of this Contract, shall constitute a material breach of this Contract. In
such event the County may, and in addition to any other remedies available at law, in equity, or
otherwise specified in this Contract:
i. Afford the Contractor written notice of the breach and ten calendar days or such shorter
time that may be specified in this Contract within which to cure the breach;
ii. Discontinue payment to the Contractor for and during the period in which the Contractor
is in breach and offset against any monies billed by the Contractor but yet unpaid by the
County those monies disallowed pursuant to the above.
iii. Terminate the Contract immediately without penalty.
25. Orderly Termination: Upon termination or other expiration of this Contract, each Party shall
promptly return to the other Party all papers, materials, and other properties of the other held by
each for purposes of execution of the Contract. In addition, each Party will assist the other Party
in orderly termination of this Contract and the transfer of all assets, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each Party.
26. Wage Rates: Pursuant to the provisions of Section 1773 of the Labor Code of the state of
California, the Contractor shall comply with the general prevailing rates of per diem wages and
the general prevailing rates for holiday and overtime wages in this locality for each craft,
classification, or type of worker needed to execute this Contract. The rates are available from
the Director of the Department of Industrial Relations at the following website:
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Harry H. Joh Construction, Inc.
Pursuant to Section 1725.5 of the Labor Code, a contractor shall be registered to be qualified to
bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any public work contract that is subject to the
requirements of this chapter. For the purposes of this section, “contractor” includes a
subcontractor as defined by Section 1722.1.
It is not a violation of this section for an unregistered contractor to submit a bid that is authorized
by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the
Public Contract Code, provided the contractor is registered to perform public work pursuant to
Section 1725.5 at the time the contract is awarded.
The County will not accept a bid nor enter any contract or subcontract without proof of the
contractor or subcontractor’s current registration to perform public work pursuant to Section
1725.5.
Any job orders issued under this Contract may be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. The prime contractor shall post job site
notices, as prescribed by regulation. Each contractor and subcontractor shall furnish the records
specified in Section 1776 directly to the Labor Commissioner.
The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it
shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices
solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except
as provided in Section 3077.
27. Wage Rate Penalty: Pursuant to the provisions of the Labor Code Section 1775, the Contractor
shall forfeit to the County, as a penalty, the sum of Twenty-five Dollars ($25) for each calendar
day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the
stipulated prevailing rates for Work done under this Contract, by Contractor or by
subcontractors, in violation of the provisions of this Contract.
28. Payroll Records: CONTRACTOR and any Subcontractor(s) shall comply with the
requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish
the records specified in Section 1776 directly to the Labor Commissioner in an electronic format,
or other format as specified by the Commissioner, in the manner provided by Labor Code
Section 1771.4.
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Harry H. Joh Construction, Inc.
1.1.1. CONTRACTOR and any Subcontractor(s) performing any portion of the work under
this Contract shall keep an accurate record, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each journeyman, apprentice, worker, or
other employee employed by CONTRACTOR or any Subcontractor(s) in connection
with the work.
1.1.2. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct.
(b) The employer has complied with the requirements of Labor Code Sections 1771,
1811, and 1815 for any work performed by his or her employees in connection with
the Contract.
1.1.3. The payroll records shall be certified and shall be available for inspection at the principal
office of CONTRACTOR on the basis set forth in Labor Code Section 1776.
1.1.4. CONTRACTOR shall inform COUNTY of the location of the payroll records, including
the street address, city and county, and shall, within five working days, provide a notice
of any change of location and address of the records.
1.1.5. Pursuant to Labor Code Section 1776, CONTRACTOR and any Subcontractor(s) shall
have 10 days in which to provide a certified copy of the payroll records subsequent to
receipt of a written notice requesting the records described herein. In the event that
CONTRACTOR or any Subcontractor fails to comply within the 10-day period, he or
she shall, as a penalty to COUNTY, forfeit $100, or a higher amount as provided by
Section 1776, for each calendar day, or portion thereof, for each worker to whom the
noncompliance pertains, until strict compliance is effectuated. CONTRACTOR
acknowledges that, without limitation as to other remedies of enforcement available to
COUNTY, upon the request of the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement of the California Department of Industrial Relations,
such penalties shall be withheld from progress payments then due CONTRACTOR.
CONTRACTOR is not subject to a penalty assessment pursuant to this section due to the
failure of a Subcontractor to comply with this section.
CONTRACTOR and any Subcontractor(s) shall comply with the provisions of Labor Code
Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general
prevailing rates of per diem wages and holiday and overtime wages as determined by the
Director of Industrial Relations. CONTRACTOR shall post a copy of these wage rates at the job
site for each craft, classification, or type of worker needed in the performance of this Contract, as
well as any additional job site notices required by Labor Code Section 1771.4(b). Copies of
these rates are on file at the principal office of COUNTY’s representative, or may be obtained
from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at
www.dir.ca.gov. If the Contract is federally funded, CONTRACTOR and any Subcontractor(s)
shall not pay less than the higher of these rates or the rates determined by the United States
Department of Labor.
29. Work Hour Penalty: Eight hours of labor constitute a legal day's Work, and forty hours
constitute a legal week's Work. Pursuant to Section 1813 of the Labor Code of the State of
California, the Contractor shall forfeit to the County Twenty Five Dollars ($25) for each worker
employed in the execution of this Contract by the Contractor or by any subcontractor for each
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calendar day during which such worker is required or permitted to Work more than the legal
day's or week's Work, except that Work performed by employees of said Contractor and
subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon
the payment of compensation to the workers for all hours worked in excess of eight hours per
day of not less than 1-1/2 times the basic rate of pay.
30. Registration of Contractors: Contractor and all subcontractors must comply with the
requirements of labor code section 1771.1(a), pertaining to registration of contractors pursuant to
section 1725.5. Registration and all related requirements of those sections must be maintained
throughout the performance of the Contract.
31. Withholding of Wage Differentials: The County may withhold from the Contractor as much of
any accrued payments as may be necessary to pay laborers, craft workmen and mechanics
employed on the Project any difference between the rate of wages required to be paid pursuant to
California law and the rate of wages actually paid to such laborers, craft workmen and
mechanics.
32. Craft Labor Time Records: The Contractor shall keep full, true and accurate records of the
names and actual hours worked by the respective workers and laborers employed under this
Contract in accordance with California Labor Code and shall allow access to the same any
reasonable hour to the County, its agents or representatives and to any person having the
authority to inspect the same as contemplated under the provisions of said California Labor
Code, or when requested by the County.
Eight (8) hours of labor shall constitute a legal day’s Work. The Contractor shall comply with
Labor Code regarding legal day’s Work and overtime.
33. Non-Discrimination: In the performance of the terms of this Contract, Contractor agrees that
he will not engage in nor permit such subcontractors as he may employ to engage in
discrimination against any employee or applicant for employment on the basis of race, sex,
color, religion, ancestry, national origin, marital status, age or as an otherwise qualified
handicapped individual. This prohibition shall pertain to employment, upgrading, demotion, or
transfer; recruitment advertising; layoff or termination; rates of pay and other forms of
compensation; selection for training, including apprenticeship; and any other action or inaction
pertaining to employment matters.
34. Assignment Of Antitrust Actions: In accordance with Public Contract Code, Section 7103.5,
by entering into this Contract or into a subcontract to supply goods, services, or materials
pursuant to this Contract, the Contractor, or subcontractor, offers and agrees to assign to the
County all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with
Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to this Contract or the subcontract. This
assignment shall be made and become effective at the time the County tenders final payment to
the Contractor, without further acknowledgment by the parties. The Contractor shall cause to be
inserted in any such subcontract stipulations to effectuate this Clause and the provisions of
Public Contract Code, Section 7103.5.
35. Substituted Security: In accordance with Section 22300 of the Public Contract Code, the
County will, at the request and expense of the Contractor, accept securities equivalent to any
amount withheld by the County to ensure performance under this Contract, including, but not
limited to, the amount withheld under Attachment B, Paragraph IV of the Contract. Such
substituted security must meet the requirements of said Section 22300, and shall be deposited
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with a California or federally chartered bank as escrow agent. The security shall be held by the
escrow agent subject to a written escrow agreement between County, Contractor, and escrow
agent, which Contract shall be in a for substantially similar to that contained in Public Contract
Code, Section 22300.
36. Apprentices: The Contractor shall familiarize himself with the provisions of Section 1777.5 of
the Labor Code regarding employment of apprentices, and shall be responsible for compliance
therewith, including compliance by his subcontractors.
Contractor agrees to comply with the provisions of Labor Code Section 1777.5 and any other
applicable laws or regulations, including but not limited to, 8 California Code of Regulations,
Section 230.1(A), pertaining to apprentices. Section 1777.5 shall not apply to contracts of
general contractors or to contracts of specialty contractors not bidding for Work through a
general or prime contractor when the contracts of general contractors or those specialty
contractors involve less than Thirty Thousand Dollars ($30,000).
Contractor and subcontractor shall comply with Section 1777.6 of the Labor Code which
stipulates that an employer or a labor union shall not refuse to accept otherwise qualified
employees as registered apprentices on any public works on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as provided in Section 3077 of the Labor Code and
Section 12940 of the Government Code.
37. Liquidated Damages: Timely Completion of services provided under this Contract is of the
essence. Should the Contractor fail to substantially complete the Work specified in the Job Order
in accordance with the approved construction schedule, and provided the Contractor has not
previously obtained a written extension of time from the County in accordance with this
Contract, a sum appropriate with the following schedule may be deducted from each succeeding
request for payment as liquidated damages on each Job Order if applicable.
Schedule for Liquidated Damages
Job Order price Liquidated damages per day
Up to $100,000 $500
Greater Than $100,000 $1,000
A. The applicability of liquidated damages shall be clearly noted on the Request for Quote for
each Job Order. No liquidated damages shall apply if not noted on the Request for Quote.
If the Contractor fails to complete any part of the Work in accordance with the Work
duration schedule, the County agrees to have the right to complete that part of the Work it
deems necessary in order to maintain the Work duration schedule. All direct and indirect
costs of such Work shall be paid by the Contractor.
38. Material, Workmanship, and Acceptance:
A. Where materials are specified by reference to standard specifications of the American
Society for Testing Materials (A.S.T.M.), Federal Specifications, or others, all applicable
provisions of the designated specifications shall be considered as forming a part of the
Contract documents to the same force and effect as if repeated therein.
B. All Work under this Contract shall be performed in a skillful and workmanlike manner.
OC Public Works may, in writing, require the Contractor to remove from the Work any
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Harry H. Joh Construction, Inc.
dimensions in the drawings. Anything mentioned in the specifications and not shown on
the drawings, or shown on the drawings and not mentioned in the specifications, shall be
of like effect as if shown or mentioned in both.
B. Omissions and Mis-descriptions: Omissions from the drawings or specifications, or the
mis-description of details of Work which are manifestly necessary to carry out the intent of
the drawings and specifications, or which are customarily performed, shall be called to the
attention of the County as soon as possible. The County shall promptly notify the
Contractor of the correction or addition to be made. In the event the omission or
misdirection is substantial and the custom of the trade or industry does not require the
Contractor to perform the Work without issuance of an additional Job order. Any
adjustment by the Contractor without written determination shall be at Contractor’s own
risk and expense.
C. Conflicting Information: In case of conflict between sections of the specifications and/or
the drawings, the Contractor shall call this to attention of the County and ask for
clarification, which is to be documented within the Job Order.
D. Drawings and Specifications at the Site: The Contractor shall keep available at the site for
ready reference a complete set of all Contract drawings, details, supplementary drawings,
approved shop drawings, a complete copy of the specifications with all addenda, bulletins,
amendments, and copies of project correspondence. The Contractor shall maintain on the
site a complete "as-built" record set of drawings. In addition, the Contractor shall keep on
the site a copy of each manufacturer's current printed recommendations. Contractor shall
also submit a copy to the County.
E. Deviations: Deviations from the drawings and the dimensions therein given, whether or
not error is believed to exist, shall be made only after written authority is obtained from
the County, and shall be documented within the Detailed Scope of Work for the specific
Job Order.
F. Technical Specifications: The Technical Specifications furnished on the CD are intended
to establish the standards for quality, performance and technical requirements for all labor,
workmanship, material, methods and equipment necessary to complete the Work. When
specifications and drawings are provided or referenced by the County, these are to be
considered part of the Scope of Work, and to be specifically documented in the Detailed
Scope of Work. For convenience, the County supplied specifications, if any, and the
Technical Specifications furnished on the CD.
41. Division of the Specifications:
A. For convenience, these specifications are arranged in several divisions and sections, but
such separations shall not be considered as the limits of the Work required for any
subcontract or trade; the terms and conditions of such limitations are wholly between the
Contractor and his subcontractors, and the County will not be responsible for any division
of Work by subcontractors. The Contractor will be solely responsible for all subcontract
arrangements of Work regardless of the location of provisions in the specifications.
B. Schedules of Work included in the sections, where listed, are given for convenience only,
and shall not be considered as a comprehensive list of items or Work necessary to
complete the Work of any section.
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C. Where devices or items or parts thereof are referred to in the singular, it is intended that
such reference shall apply to as many such devices, items, or parts as are required to
properly complete the Work.
D. Each section of the specifications is covered by applicable requirements of the Contract
documents and other related sections as if therein written.
42. Site Conditions:
A. Existing Site Conditions: Information with respect to the site of the Work given in
drawings or specifications has been obtained by County's representatives and is believed to
be reasonably correct, but the County does not warrant either the completeness or accuracy
of such information, and it is the responsibility of the Contractor to verify all such
information.
B. Changed Conditions: The Contractor shall promptly, and before such conditions are
disturbed, notify the County Project Manager in writing of:
i. Subsurface or latent physical conditions at the site differing materially from those
indicated in this Contract, or
ii. Unknown physical conditions at the site, of an unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in Work of
the character provided for in this Contract.
iii. Material that the Contractor believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code that is required to be
removed to a Class I, Class II or Class III disposal site in accordance with provisions
of existing law.
iv. County Project Manager will promptly investigate the conditions, and if, as a result,
finds that such conditions do so materially differ and cause an increase or decrease
in the Contractor's cost of, or the time required or performance of this Contract, an
equitable adjustment in accordance with section 17 above, and Articles 32 and 46,
shall be made and the Contract modified in writing accordingly. Any claim of the
Contractor for adjustment hereunder shall not be allowed unless he has given notice
as above required.
In the event that a dispute arises between the County and the Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor’s cost of, or, time required for, performance of any part of
the Work, the Contractor shall not be excused from any scheduled completion date
provided for by the Contract, but shall proceed with all Work to be performed under
the Contract. The Contractor shall retain any and all rights provided either by
Contract or by law which pertain to the resolution of disputes and protests between
the contracting parties.
C. Public Utility Facilities on Project Site: Pursuant to Government Code, Section 4215, the
Contractor shall be compensated for the costs of locating and repairing damage not due to
failure of Contractor to exercise reasonable care, and removing, relocating existing or
protecting existing main or trunkline utility facilities located on the Contract construction
site and not identified in the plans or specifications with reasonable accuracy. This will be
accomplished by the issuance of a separate Job Order. The payment of this is full
compensation for all Contractor’s cost.
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Harry H. Joh Construction, Inc.
D. Space at Site: The Contractor shall be allowed reasonable space at the site of the Work as
available and access thereto and shall confine his operations to the space assigned. The
Work shall be done without interference with the ordinary use of streets, berthing places,
fairways, and passages. The Contractor shall cooperate with other Contractors of the
County and shall not commit or permit any act which will interfere with the performance
of Work by any other Contractor or employees of the County whether at the site or not.
E. Facility Security: Contractor shall keep all doors locked while working in any buildings
on the site. Keys shall not be left in the doors. Contractor shall not admit any person into
the building that is not a direct employee of the Contractor and not actively engaged in
performance of the Work. Contractor shall restrict access to the areas of the facility not
specifically included in this Contract for construction services. The Contractor shall check
all windows and doors for proper closure and locking, extinguish all lights except master
security lighting, and then reactivate the security system (if applicable) prior to leaving the
facility.
F. Security System: The site and the Work area may be protected by limited access security
systems. An initial access code number will be issued to the Contractor by the County.
Thereafter, all costs for changing the access code due to changes in personnel or required
substitution of contracts shall be paid by the Contractor and may be deducted from
payments due or to become due to the Contractor. Furthermore, any alarms originating
from the Contractor’s operations shall also be paid by the Contractor and may be deducted
from payments due or to become due to the Contractor.
G. Secured Facilities: For specific Job Orders, the work may be conducted at secured County
facilities. As a requirement to work in these Facilities, all Contractor employees, including
all subcontractor employees, must obtain a security clearance. If security clearances are
required, this will be discussed at the Joint Scope meeting. At the Joint Scope meeting, all
requirements and forms will be provided by the County Project Manager. Also, the
requirement to obtain the clearances will be incorporated in the Job Order Schedule. All
costs to obtain clearances are the responsibility of the Contractor.
H. Employee Acceptability: If required by a specific Job Order, prior to commencing any
construction at the site, Contractor shall obtain security clearances of all persons and/or
entities it intends to employ. During the life of a Job Order, Contractor shall remove and
replace any employee working on this project when requested to do so by the County.
43. Beneficial Occupancy:
A. The County may, at any time, and from time to time, during the performance of the Work,
enter the structure for the purpose of installing any necessary Work by County labor of
other contracts, and for any other purpose in connection with the installation of facilities.
In doing so, the County shall endeavor not to interfere with the Contractor and the
Contractor shall not interfere with other Work being done by or on behalf of the County.
B. If, prior to completion and Final Acceptance of all the Work under a specific Job Order,
the County takes possession of any structure (whether completed or otherwise) comprising
a portion of that Project with the intent of retaining possession thereof (as distinguished
from temporary possession contemplating the return to the Contractor), then, while the
County is in possession of the same, the Contractor, notwithstanding its normal
responsibilities, shall be relieved of liability for loss or damage to structure other than that
resulting from the Contractor's fault or negligence. Such taking of possession by the
County shall not relieve the Contractor from any provisions of this Contract respecting
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such structure, other than to the extent specified in the preceding sentence, nor constitute a
final acceptance of such structure.
44. Contract Disputes:
A. In the event of a dispute between the Parties as to performance of the Work, the
interpretation of this Contract, or payment or nonpayment for Work performed, the parties
shall attempt to resolve the dispute. Pending resolution of the dispute, the Contractor shall
continue the Work diligently to completion as directed by OC Public Works. If the dispute
is not resolved, the Contractor agrees he will neither rescind this Contract nor stop the
progress of the Work.
B. For this section a “claim” means a separate demand by a contractor sent by registered mail
or certified mail with return receipt requested, for one or more of the following: a time
extension, including, without limitation, for relief from damages or penalties for delay
assessed by a public entity under a contract for a public works project; payment by the
public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public works project and payment for which is not
otherwise expressly provided or to which the claimant is not otherwise entitled; payment
of an amount that is disputed by the public entity.
Pursuant to Public Contract Code Section 9204:
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days,
shall provide the claimant a written statement identifying what portion of the claim is disputed and
what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by
mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt requested,
the public entity shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the claimant a written
statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60
days after the public entity issues its written statement. If the public entity fails to issue a written
statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return
receipt requested, the public entity shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
written statement identifying the portion of the claim that remains in dispute and the portion that is
undisputed. Any payment due on an undisputed portion of the claim shall be processed and made
within 60 days after the public entity issues its written statement. Any disputed portion of the
claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with
the public entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed portion of
the claim has been identified in writing. If the parties cannot agree upon a mediator, each party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by
its respective mediator in connection with the selection of the neutral mediator. If mediation is
unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures
outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under
private arbitration or the Public Works Contract Arbitration Program, if mediation under this
section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section shall result
in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public
entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements
of this section, shall not constitute an adverse finding with regard to the merits of the claim or the
responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent
per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a
public entity because privity of contract does not exist, the contractor may present to the public
entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may
request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that
the contractor present a claim for work which was performed by the subcontractor or by a lower
tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be
presented to the public entity shall furnish reasonable documentation to support the claim. Within
45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as
to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim, provide the subcontractor with a statement of the reasons for not having
done so.
Upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and
proceed directly to the commencement of a civil action or binding arbitration, as applicable.
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
C. All construction claims of Three Hundred Seventy Five Thousand Dollars ($375,000) or
less between the Contractor and the County shall be resolved in accordance with the
provisions of Division 2, Part 3, Chapter 1, Article 1.5 of the Public Contract Code of the
State of California. Contractor's sole remedy for construction claims of more than Three
Hundred Seventy Five Thousand Dollars ($375,000) will be to submit such controversy to
determination by a court of the State of California in Orange County, California, having
competent jurisdiction of the dispute, after the project has been completed and not before.
D. Notwithstanding the foregoing, with respect to any dispute involving a claim by the
Contractor for additional compensation, Contractor shall submit such claim in writing to
OC Public Works promptly as the alleged facts giving rise to, or the alleged bases for, the
claim become known to the Contractor; any such claim not promptly so submitted to OC
Public Works shall be deemed waived; and in no event shall a claim for additional
compensation be asserted or be assertable after completion or cessation of the Work.
45. Notices: Any and all notices, requests demands and other communications contemplated, called
for, permitted, or required to be given hereunder shall be in writing, except through the course of
the County’s Project Manager and Contractor’s Project Manager routine exchange of
information and cooperation during the terms of the Work and services. Any written
communications shall be deemed to have been duly given upon actual in-person delivery, if
delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four
calendar days after being mailed by US certified or registered mail, return receipt requested,
postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All
communications shall be addressed to the appropriate Party at the address stated herein or such
other address as the Parties hereto may designate by written notice from time to time in the
manner aforesaid.
County: Jennifer Carroll, Contract Administrator
1143 E. Fruit St
Santa Ana, CA 92701
(714)667-4942
Jennifer.Carroll@ocpw.ocgov.com
46. Governing Law and Venue: This Contract has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State of California. In
the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
shall be a court of competent jurisdiction located in Orange County, California, and the Parties
hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of
Civil Procedure section 394. Furthermore, the Parties specifically agree to waive any and all
rights to request that an action be transferred for trial to another County.
47. Entire Contract: This Contract, including Attachments, which are attached hereto and
incorporated herein by this reference, when accepted by the Contractor either in writing or by the
shipment of any article or other commencement of performance hereunder, contains the entire
Contract between the Parties with respect to the matters herein and there are no restrictions,
promises, warranties or undertakings other than those set forth herein or referred to herein. No
exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized
by County in writing. Electronic acceptance of any additional terms, conditions or supplemental
Contracts by any County employee or agent, including but not limited to installers of software,
shall not be valid or binding on County unless accepted in writing County’s Purchasing Agent or
his designee.
48. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made
in writing and signed by the Parties; no oral understanding or agreement not incorporated herein
shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions
are valid or binding on County unless authorized by County in writing.
49. Taxes: Unless otherwise provided herein or by law, price quoted does not include California
state sales or use tax.
50. Warranty Work: Failure by the Contractor to take corrective action within twenty four (24)
hours after personal or telephonic notice by the County's OC Public Works on items affecting
essential use of the facility, safety or the preservation of property, and within ten (10) calendar
days following written notice on other deficiencies, will result in the County taking whatever
corrective action it deems necessary. All costs resulting from such action by the County will be
claimed against Contractor or, if necessary, the Contractor's Performance Bond.
51. Patent Infringement:
A. The Contractor shall report to OC Public Works, promptly and in reasonable detail, each
notice or claim of patent infringement based on the performance of this Contract of which
the Contractor has knowledge.
B. In the event of any suit against the County, or any claim against the County made before
suit has been instituted, on account of any alleged patent infringement arising out of the
performance of this Contract, or out of the use of any supplies furnished or Work or
services performed hereunder, the Contractor shall, at his own expense, furnish to the
County, upon request, all evidence and information in possession of the Contractor
pertaining to such suit or claim. The Contractor further agrees to indemnify, defend with
counsel approved in writing by County and hold harmless the County against any and all
claims or lawsuits based upon such patent infringement, to defend such suits, and to pay
any judgment rendered against County, its employees, or the Board of Supervisors.
52. Assignment: Neither the Contract nor any portion thereof may be assigned by the Contractor
without the expressed permission of the County. Claims for monies due or to become due the
Contractor from the County under this Contract may be assigned, with the written consent of the
County Purchasing Agent or designee, to a bank, trust company, or other financing institution
and may thereafter be further assigned or reassigned to any such institution. To effect such
assignments, the Contractor, or his assignee, shall submit a written request to the County Project
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
Manager enclosing a letter from the proposed assignee indicating that it will accept such
assignment. Any attempted assignment contrary to the provisions of this paragraph shall be
void.
53. Termination For Cause & Damages For Delay:
A. If the Contractor refuses or fails to prosecute the Work with such diligence as will insure
its completion within the time specified in this Contract or any extension thereof, or fails
to complete said Work within such time, the County Project Manager may, by written
notice to the Contractor, terminate his right to proceed with the Project or such part of the
Project as to which there has been delay. In such event, the County may take over the
Project and prosecute the same to completion, by Contract or otherwise, and may take
possession of and utilize in completing the Project such materials, appliances, and plant as
may be on the site of the Project and necessary therefore. Whether or not the Contractor's
right to proceed with the Project is terminated, he and his sureties shall be liable for any
damage to the County resulting from his refusal or failure to complete the Project within
the specified time.
B. If fixed and agreed liquidated damages are provided in the Contract and if the County
takes over the Project or otherwise incurs damages as a result of Contractor’s default, the
resulting damage will consist of such liquidated damages until such reasonable time as
may be required for final completion of the Project together with any increased costs
occasioned the Project in completing the Project as well as any other damages incurred by
County.
C. The Contractor's right to proceed shall not be so terminated nor the Contractor charged
with resulting damage if:
i. The delay in the completion of the Project arises from causes beyond the control and
without the fault or negligence of the Contractor, including, but not restricted to, acts
of God, acts of the public enemy, acts of the County, acts of another contractor in
the performance of a Contract with the County, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, other than normal weather, or delays of
subcontractors or suppliers arising from causes beyond the control and without the
fault or negligence of both the Contractor and such subcontractors or suppliers; and
ii. The Contractor, within ten days from the beginning of any such delays (unless OC
Public Works grants a further period of time before the date of final payment under
the Contract), notifies OC Public Works in writing of the causes of delay.
iii. OC Public Works shall ascertain the facts and the extent of the delay and extend the
time for completing the Project when, in its judgment, the delay is justified. OC
Public Works shall make written findings, and the findings of fact shall be final and
conclusive on the parties, subject only to as the procedures provided in Article 43 of
these Articles.
D. The rights and remedies of the County provided in this Clause are in addition to any other
rights and remedies provided by law or under this Contract.
54. Termination for Convenience of the County: Notwithstanding any other provision of the
Contract, the County may, at any time, and without cause, terminate this Contract in whole or in
part, upon not less than seven (7) days' written notice to the Contractor. Such termination shall
be effected by delivery to the Contractor of a notice of termination specifying the effective date
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
of the termination and the extent of the Work to be terminated. The Contractor shall
immediately stop Work in accordance with the notice and comply with any other direction as
may be specified in the notice or as provided subsequently by the County. The County shall pay
the Contractor for the Work completed prior to the effective date of the termination and such
other payment Contractor is entitled to under Attachment A, section III. “Performance
Requirements” and such payment shall be Contractor's sole remedy under this Contract. Under
no circumstances will the Contractor be entitled to anticipatory or unearned profits,
consequential damages, or other damages of any sort as a result of a termination or partial
termination under this Paragraph. The Contractor shall insert in all subcontracts that the sub-
consultant shall stop Work on the date of and to the extent specified in a notice of termination,
and shall require sub-consultant’s to insert the same condition in any lower tier subcontracts.
55. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived
and no breach excused, unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the
other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any
other different or subsequent breach.
56. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as
to one another and as to any other provided by law, rather than exclusive; and the expression of
certain remedies in this Contract does not preclude resort by either Party to any other remedies
provided by law.
57. Independent Contractor: Contractor shall be considered an independent Contractor and
neither the Contractor, its subcontractors, employees, nor anyone working for Contractor under
this Contract shall be considered an agent or an employee of County. Neither the Contractor,
employees nor anyone working for the Contractor under this Contract shall qualify for workers’
compensation or other fringe benefits of any kind through County.
58. Performance: Contractor shall perform all Work under this Contract, taking necessary steps
and precautions to perform the Work to County’s satisfaction. Contractor shall be responsible
for the professional quality, technical assurance, timely completion and coordination of all
documentation and other goods/services furnished by the Contractor under this Contract.
Contractor shall perform all Work diligently, carefully, and in a good and workman-like manner;
shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; shall at its sole expense obtain and maintain all permits and licenses required by public
authorities, including those of County required in its governmental capacity, in connection with
performance of the Work; and, if permitted to subcontract, shall be fully responsible for all Work
performed by subcontractors.
59. Insurance Provisions: Prior to the provision of services under this Contract, CONTRACTOR
agrees to purchase all required insurance at CONTRACTOR’s expense, including all
endorsements required herein, necessary to satisfy OWNER that the insurance provisions of this
Contract have been complied with. CONTRACTOR agrees to keep such insurance coverage,
Certificates of Insurance, and endorsements on deposit with OWNER during the entire term of
this Contract. In addition, all Subcontractors performing work on behalf of CONTRACTOR
pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set
forth herein for CONTRACTOR. OWNER reserves the right to request the declarations pages
showing all endorsements and a complete certified copy of the policy. All Subcontractors
performing work on behalf of CONTRACTOR pursuant to this Contract shall obtain insurance
subject to the same terms and conditions as set forth herein for CONTRACTOR.
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. . Any
self-insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall
specifically be approved by the County’s Risk Manager, or designee, upon review of
Contractor’s current audited financial report. If Contractor’s SIR is approved, Contractor, in
addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to
all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all
liability, claim, demand or suit resulting from Contractor’s, its agents, employee’s or
subcontractor’s performance of this Contract, Contractor shall defend the County at its sole cost
and expense with counsel approved by Board of Supervisors against same; and
2) Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty to
indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to
which the duty to defend stated above applies, and the Contractor’s SIR provision shall be
interpreted as though the Contractor was an insurer and the County was the insured.
Upon notice of any actual or alleged claim or loss arising out of subcontractor’s work hereunder,
subcontractor shall immediately satisfy in full the SIR provisions of the policy in order to trigger
coverage for the Contractor and Additional Insureds.
If CONTRACTOR fails to maintain insurance acceptable to OWNER for the full term of this
Contract, the County may terminate the contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A-
(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most
current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com).
It is preferred, but not mandatory, that the insurer be licensed to do business in the state of
California (California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum
limits and coverage as set forth below:
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
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County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
County expressly retains the right to require Contractor to increase or decrease insurance of any
of the above insurance types throughout the term of this Contract. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect County.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements
of this Contract, nor in any way to reduce the policy coverage and limits available from the
insurer.
60. Bonds: The Contractor shall furnish, at time of signing the Contract, one surety bond which
shall protect the laborers and material men and shall be for $500,000, in accordance with Section
9554 of the Civil Code, and one surety bond in the amount of $500,000, guaranteeing the faithful
performance of the Contract. If at any time the value of the total task orders is expected to
exceed $500,000, the Contractor shall furnish, in a manner acceptable to the County, evidence
that the Contractor is bonded to the expected total value of outstanding task orders for both the
faithful performance and laborers and material men bonds. Contractor shall not be entitled to,
nor shall County authorize, task orders when the total outstanding value of the task orders under
this contract exceeds the bond values for which the County is an obligee. Said bonds to be
approved by the office of the County Counsel and the County Executive Office of Orange
County. Such bonds shall be the forms provided in these specifications and issued and executed
by an admitted surety insurer (authorized to transact surety insurance in California). (e.g., if the
bonds are issued through a surplus line broker, both the surplus line broker and the insurer with
whom he is doing business for purposes of this project must be licensed in California to issue
such bonds.)
The faithful performance bond shall be issued by a Surety company with a minimum insurance
rating of A- (Secure Best’s Rating) and VIII (Financial Size Category) as determined by the
most current edition of the Best’s Key Rating Guide/Property-Casualty/United States or
ambest.com. The Surety Company must also be authorized to write in California by the
Department of the Treasury, and must be listed on the most current edition of the Department of
Treasury’s Listing of Approved Securities.
If any surety upon any bond furnished in connection with this Contract becomes unacceptable to
the County, or if any such surety fails to furnish reports as to his financial condition from time to
time as requested by OC Public Works, the Contractor shall promptly furnish such additional
security as may be required by OC Public Works or the Board of Supervisors from time to time
to protect the interests of the County and of persons supplying labor or materials in the
prosecution of the Work contemplated by this Contract.
If the County increases the total Contract amount the Contractor is to provide a new bond for the
new total Contract amount or a bond for the difference.
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
61. Charges, Fines, Penalties and Assessments: Contractor shall be responsible for any and all
charges, fines, penalties, and/or assessments levied against the County by any governmental
entity, administrative or regulatory agency having jurisdiction, resulting from any action or
omission of the Contractor, Contractor's subcontractor, suppliers, and/or employees, unless due
to the sole and active negligence of the County. County is authorized to deduct any such charge,
fine penalty, or assessment from any payment County is otherwise required to make to
Contractor.
If any such charge, fine, penalty, or assessment is levied against the County subsequent to the
completion of the Contract as a result of any action or omission as set forth above, Contractor
shall nevertheless be responsible to the County for the entire sum of such charge, fine, penalty,
or assessment and agrees to pay the full amount due within sixty (60) calendar days of receiving
an invoice from the County.
Contractor shall be liable to the County for attorney's fees and costs incurred by the County in
enforcing the provisions of this paragraph.
62. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and
equipment used in performance of the Work. Contractor shall not permit any lien or charge to
attach to the Work or the premises, but if any does so attach, Contractor shall promptly procure
its release and, in accordance with the requirements of Article 22 above, indemnify, defend, and
hold County harmless and be responsible for payment of all costs, damages, penalties and
expenses related to or arising from or related thereto.
63. Changes: The County may, at any time, by written order, and without notice to the sureties,
make changes in accordance with the terms and conditions of this Contract.
64. Change of Ownership: Contractor agrees that if there is a change or transfer in ownership of
Contractor’s business prior to completion of this Contract, the new owners shall be required
under terms of sale or other transfer to assume Contractor’s duties and obligations contained in
this Contract and complete them to the satisfaction of County.
65. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this
Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond
its reasonable control, provided Contractor gives written notice of the cause of the delay to
County within 36 hours of the start of the delay and Contractor avails himself of any available
remedies.
66. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County and
County-related records and information pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this Contract. All such
records and information shall be considered confidential and kept confidential by Contractor and
Contractor’s staff, agents and employees.
67. Compliance with Laws: Contractor represents and warrants that services to be provided under
this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes,
restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not
limited to those issued by County in its governmental capacity and all other laws applicable to
the services at the time services are provided to and accepted by County. Contractor
acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to
the requirements of Article 22 above, Contractor agrees that it shall defend, indemnify and hold
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
County and County Indemnitees harmless from all liability, damages, costs and expenses arising
from or related to a violation of such laws.
68. Pricing: The Contract price, as more fully set forth in Attachment B, shall include full
compensation for providing all required goods in accordance with required specifications, or
services as specified herein or when applicable, in the Scope of Work attached to this Contract,
and no additional compensation will be allowed therefore, unless otherwise provided for in this
Contract.
69. Intentionally left blank.
70. Terms and Conditions: Contractor acknowledges that it has read and agrees to all terms and
conditions included in this Contract.
71. Headings: The various headings and numbers herein, the grouping of provisions of this
Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of
convenience only and shall not limit or otherwise affect the meaning hereof.
72. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
73. Calendar Days: Any reference to the word “day” or “days” herein shall mean calendar day or
calendar days, respectively, unless otherwise expressly provided.
74. Attorneys Fees: In any action or proceeding to enforce or interpret any provision of this
Contract, or where any provision hereof is validly asserted as a defense, each Party shall bear its
own attorney’s fees, costs and expenses.
75. Authority: The Parties to this Contract represent and warrant that this Contract has been duly
authorized and executed and constitutes the legally binding obligation of their respective
organization or entity, enforceable in accordance with its terms.
76. Employee Eligibility Verification: The Contractor warrants that it fully complies with all
Federal and State statutes and regulations regarding the employment of aliens and others and that
all its employees performing Work under this Contract meet the citizenship or alien status
requirement set forth in Federal statues and regulations. The Contractor shall obtain, from all
employees performing Work hereunder, all verification and other documentation of employment
eligibility status required by Federal or State statutes and regulations including, but not limited
to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently
exist and as they may be hereafter amended. The Contractor shall retain all such documentation
for all covered employees for the period prescribed by the law. The Contractor shall indemnify,
defend with counsel approved in writing by County, and hold harmless, the County, its agents,
officers, and employees from employer sanctions and any other liability which may be assessed
against the Contractor or the County or both in connection with any alleged violation of any
Federal or State statutes or regulations pertaining to the eligibility for employment of any
persons performing Work under this Contract.
77. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold 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 (“County Indemnitees”) harmless from any claims, demands or liability of any kind or
nature, including but not limited to personal injury or property damage, arising from or related to
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Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
the services, products or other performance provided by Contractor pursuant to this Contract. If
judgment is entered against Contractor and County by a court of competent jurisdiction because
of the concurrent active negligence of County or County Indemnitees, Contractor and County
agree that liability will be apportioned as determined by the court. Neither Party shall request a
jury apportionment. Notwithstanding anything stated above, nothing contained herein shall
relieve Contractor of any insurance requirements of obligations created elsewhere in this
Contract.
78. Waiver of Claims: Unless a shorter time is specified elsewhere in this Contract, on or before
making his final request for payment, Contractor shall submit to County, in writing, all claims
for compensation under or arising out of this Contract; the acceptance by Contractor of the final
payment shall constitute a waiver of all claims against County under or arising out of this
Contract except those previously made in writing and identified by Contractor as unsettled at the
time of his final request for payment.
79. Cultural/Scientific Resource Finds: If the Contractor's operations uncover or Contractor’s
employees find any burial grounds or remains, ceremonial objects, petroglyphs, and
archaeological or paleontological or other artifacts of like nature within the construction area,
Contractor shall immediately notify the County of Contractor’s findings and shall modify
construction operations so as not to disturb the findings pending receipt of notification as to
determination of the final disposition of such finding from the County. Should the findings, or
notification as to disposition of findings, require additional work, a Job Order will be issued at
the County’s discretion.
Any findings of a cultural/scientific resource nature shall remain the property of the County and
not become the property of the person or persons making the discovery.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this CONTRACT on the
dates opposite their respective signatures:
HARRY H. JOH CONSTRUCTION, INC.,
a California Corporation
Date: ___________ By___________________________________
Signature
___________________________________
Print Name & Title
(If a corporation, the document must be signed by two corporate officers. The 1st must be either
Chairman of the Board, President or any Vice President.)
Date: ___________ By____________________________________
Signature
____________________________________
Print Name & Title
(If a corporation, the 2nd signature must be either the Secretary, an Assistant Secretary, the
Chief Financial Officer, or any Assistant Treasurer.)
COUNTY OF ORANGE,
a political subdivision of the State of California
Print
Name________________________________
Title ________________________________
APPROVED AS TO FORM
Office of the County Counsel
Orange County, California
By:________________________
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ATTACHMENT A
SCOPE OF WORK
I. SCOPE OF WORK: Contractor shall provide all labor, materials, tools, equipment, utilities, vehicles,
and transportation services required to provide HVAC Services under this Contract. Services may be
provided, but may not be limited to, any facility or property which is owned, operated, or maintained
by the County. HVAC Services shall be provided in accordance with the following, which are
incorporated herein by this reference.
A. Construction Task Catalog® & Technical Specifications Titled: Job Order Contracting; Dated
October 2017 (to be distributed at Pre-Bid Meeting).
B. All other requirements identified specifically in A Job Order Detailed Scope of Work, which
include but not limited to drawings, additional specifications, as-built records, sketches, written
scope narratives, standard specification from other local, state and federal agencies.
C. California Building Code and other codes, ordinances, rules, regulations, orders and legal
requirements of Agency Having Jurisdiction which bear on the performance of the work.
D. Secured Facilities: The Contractor may be required to have their employees, subcontractors
and/or suppliers submit applications and complete security clearances prior to commencing any
work in a secured County facility. Contractor employees, subcontractors and/or suppliers will be
required to submit to fingerprinting and personal background checks as part of the security
clearance process.
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and participate in a joint scope meeting, which will include discussion and establishment of the
following:
Detailed Scope of Work
Definition and refinement of requirements
Existing site conditions
Methods and alternatives for accomplishing Work
Requirements for plans, sketches, shop drawing(s), submittals, etc.
Tentative duration Work schedule
Preliminary quantity assumptions/estimates
Staging areas and site access
Special conditions regarding unique facility operations
Safety requirements
Hazardous Materials or site conditions
Other project requirements
As part of the required Joint Scope Meeting, the Contractor and the County will agree on a
sequence of Work; means of access to the premises and building; space for storage of materials
and equipment; Work and materials and use of approaches; use of corridors, stairways, elevators,
and means of communications and the location of partitions, eating spaces, and restrooms for the
Contractor, for individual Job Orders. The Contractor agrees to be responsible for taking these
factors into account when developing its Quotation.
The Detailed Scope of Work will be completed by the Contractor and submitted to the County
for approval, prior to issuance of a Request for Quote. This Detailed Scope of Work must be
submitted within forty-eight (48) hours or a mutually agreed upon time of the joint scope
meeting. If consultant services are required to clarify project requirements, they will be
completed and submitted with the Scope of Work for County approval before a Request for
Quote will be issued.
Unless waived in writing, the Contractor agrees to provide all documentation required to fully
establish the Scope of Work including, but not limited to, shop drawings, sketches and/or
specifications that comply with the Contract specifications and relate to the proposed project.
This documentation will be provided for the purpose of defining scope, obtaining permits, and
assisting the County in determining the best possible solution for repair and refurbishment
issues. If the County requests a change in the proposed Scope of Work, the Contractor agrees to
submit a revised Scope of Work reflecting all requested changes within forty-eight (48) hours.
C. Quote Development
The Contractor Quote agrees to be comprised of the following elements:
1. Detailed Cost Quote
a. Pre-Priced Work requirements: Pre-Priced Work requirements will identify the type
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and number of Work tasks required from the CTC. The price per unit set forth in the
CTC shall serve as the base price for the purpose of the operation of this article. The
Contractor’s Quote shall include support documentation to indicate that adequate
engineering and planning for the requirement has been done, and that the Work tasks
proposed are reasonable for the Scope of Work. Documentation to be submitted
with the Quote shall include, but not be limited to, shop drawings, calculations,
Catalog® cuts, and specifications.
b. The total extended price for Pre-Priced Work requirements will be determined by
multiplying the price per unit by the quantity required. The price offered in the
Quote will be determined by multiplying the total extended price by the appropriate
Adjustment Factor.
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If the Non Pre-Priced Task is to be subcontracted, the Contractor must submit three
(3) independent quotes for the Work.
D= Lowest of three (3) Subcontractor quotes.
4. Submittals
All documents, shop drawings, and “As-Built” drawings shall be prepared such that the
drawings meet all the requirements of Local, State, and Federal regulations, codes and
directives. The Contractor agrees to also provide as necessary, the forms, studies, and
other documentation required by applicable codes and agencies.
The Contractor agrees to ensure that all engineering solutions conform strictly to the
guides and criteria outlined in Contract specifications. In case of uncertainty of detail or
procedure, the Contractor agrees to request additional instruction from the County. The
Contractor is responsible for producing complete, competent, properly coordinated, and
thoroughly checked documents.
At the Contractor’s expense, as part of their Adjustment Factors, the documentation noted
above, shall be prepared and reviewed as necessary to ensure its compliance with all
applicable laws and regulations.
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schedule indicates phasing of Work activities as required. The schedule provides the
Contractor’s initial plan for the Work based on its understanding of the Detailed Scope of
Work, with the critical path highlighted.
a. Schedule Approval; all project schedules will be subject to the County’s review and
approval. The use of any particular scheduling system shall be subject to the
approval of the County.
b. Schedule Updates; the Contractor agrees to maintain the Work duration schedule
updates on an ongoing basis and, when the County requests it, include the updates in
its payment request. The Contractor may be required to submit a narrative report
with each monthly update which shall include a description of current and
anticipated problem areas, delaying factors and their impact, and an explanation of
corrective action taken or proposed. Failure to do so may be considered a material
breach of the Contract. Any additional or unanticipated costs or expense required to
maintain the schedules shall be solely the Contractor’s obligation and Contractor
agrees not to charge the County.
c. Adjustment of the Work duration schedule; the Contractor agrees that whenever it
becomes apparent to the County, from the current monthly status review meeting or
the schedule, that phasing or Job Order milestone dates will not be met, it will take
some or all of the following actions at no additional cost to the County.
1. Increase construction manpower in such quantities and crafts as will eliminate
the backlog of Work.
2. Increase the number of working hours per shift, shifts per working day.
3. Reschedule the Work under the Job Order in conformance with all other
requirements. The Contractor agrees to be liable for any additional cost
incurred by the County for the adjustment of project schedules.
4. Prior to proceeding with any of the above actions, the Contractor agrees to
notify and obtain approval from the County’s Project Manager for the
proposed schedule changes. If such actions are approved, the Contractor
agrees to incorporate the revisions into the schedule.
6. Subcontractor’s List
The Quote represents the Contractor’s offer to do Work, and as such, in accordance with
Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of California,
the Contractor agrees to list, on the Subcontractor listing report, the name, business
location and the California Contractor License number of each Subcontractor that will
perform Work, labor or render service on the Work in excess of one-half of one percent
(1/2%) of the total Quote amount. Contractors and Subcontractor which have been
debarred from public works projects by the Labor Commissioner may not perform Work
under this Contract. The Contractor agrees to list project percentage of proposed
Subcontractor and percentage of the project to be self-performed.
Contractor agrees to advise the County of any Subcontractor substitution(s) prior to
commencement of subcontract Work and to only substitute Subcontractor as authorized
under Public Contract Code sections 4100 et seq. Contractor may be subject to penalties
in accordance to the above referenced sections for illegal Subcontractor substitution.
7. Electronic Quote
The Contractor agrees to transmit an electronic copy of the Quote, using the County
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meetings within twenty-four (24) hours of being notified by the County (via fax, e-mail,
telephone, etc). After review of the Quote, the Contractor agrees to remove all
inapplicable line items and adjust quantities as directed by the County.
3. Quote Modification
The Contractor will be granted only one opportunity to add new, valid line items that may
have been omitted from its first Quote by submitting a second, revised Quote. The
Contractor agrees to submit the revised Quote within forty-eight (48) hours of the initial
Quote review meeting, unless otherwise specified in writing. Upon review of the revised
Quote, the Contractor agrees to remove all line items or adjust quantities deemed
inappropriate by the County, and re-submit its Quote within twenty-four (24) hours. No
new line items may be added to the revised Quote, nor may quantities be increased, nor
modifiers added unless specifically agreed to in writing by the County’s subsequent Quote
review.
4. Enforcement of Time Requirements
The Quote time requirements contained herein will be strictly enforced. Failure to comply
may result in the Contractor being deemed non-responsive to the Request for Quote. The
County may cancel the Request for Quote from the Contractor and solicit another
Contractor. The County may also deem the Contractor ineligible for any future JOC
contracts.
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Completion date. The Contractor agrees to begin and complete construction within the dates
specified on the NTP. The County must approve all extensions of time in writing.
The County may also issue an Emergency Notice to Proceed (NTP). In the event the County
requires the Contractor to respond to an immediate request for work, a Job Order will be created
and an Emergency NTP will be issued. The Contractor will be required to perform the Scope of
Work included with the Emergency NTP as directed by the County’s Project Manager or
designee. The Detailed Scope of Work, Quotation, Subcontractor Listing, Shop Drawings and
required Non Pre-priced backup documentation will be submitted upon completion of the
emergency work in accordance with the Ordering Procedures detailed in Section III above.
C. Pre-Construction Meeting
No more than seven (7) days from the issuance of the NTP, unless the County grants additional
time, the County will conduct a pre-construction meeting with the Contractor’s project manager,
Subcontractors, and the end-user to determine the actual project schedule, project access
requirements and to address and resolve any customer concerns.
D. Project Construction
The Contractor agrees to provide continuous on-site supervision on each Job Order, while
progress on the project is being accomplished. The Contractor’s Project Manager will ensure:
1. Coordination and providing supervision to all Subcontractor and workers;
2. Posting of the prevailing wage scale;
3. Maintaining a copy of the Contractors safety program manual made available to all
construction personnel;
4. Conducting weekly on-site safety meetings;
5. Completing the daily labor and construction progress log on a daily basis and submit
copies to the County on a daily basis. Copies of the previous day’s reports must be
submitted by 9:00AM of the following day.
a. Daily labor log is to include a listing of Subcontractor(s) and a count of workers by
trade providing services for the day.
b. Construction progress log is to include a narrative of the Work provided by trade(s).
Narrative agrees to include the various areas of the jobsite where Work was
performed and any problems or conditions that were encountered.
c. In the event the Contractor fails to provide a daily log and/or construction progress
log, the County may impose damages against the Contractor in the amount of fifty
dollars ($50.00) for each log and deduct from the Contractor’s payment request, for
each day the Contractor does not provide the documentation.
6. County may suspend Contractor operations if no Contractor Superintendent is observed.
All delays caused by the suspension will be the responsibility of the Contractor. No time
extension or claims for cost(s) associated with the suspension will be granted by the
County.
E. Changed Work
Changed Work (all added or deleted Work), as it pertains to the approved Detailed Scope of
Work included in a specific Job Order, shall be either changes directed by the County or
unforeseen site conditions, which were not evident during the Initial Joint Scope Meeting. This
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additional Work will be considered a subsequent Job Order, for that specific project, and will be
ordered, approved and executed as per the procedures set forth in this Contract.
A credit for Tasks that have been deleted from the Detailed Scope of Work will be given at
100% of the value at which they were included in the original Quote. Credits for Pre-Priced and
Non Pre-Priced Tasks shall be calculated at the pre-set Unit Prices and multiplied by the
appropriate Adjustment Factors. A Supplemental Job Order will be issued detailing the credit(s)
due the County.
F. Project Completion
The Contractor agrees to schedule a final job walk with the County. If required, the County will
prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the
“Punch List” corrections and schedule a final project completion job walk. The County will sign
the “Punch List” as completed when determined, the project is finished. The Contractor agrees
to submit the following along with its final payment request:
1. “Punch List” signed by the County;
2. Completed building inspection card;
3. All required warranties and maintenance requirements;
4. All record drawings or as-built drawings,
5. All required operation and maintenance manuals;
6. All keys and security entry cards;
7. Any other closeout items.
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B. The Contractor will be required to obtain a city business license to perform the Work in the
appropriate city, as specific in the Job Order.
C. To comply with Section 3800 of the Labor Code of the State of California, the Contractor and all
Subcontractors requiring a permit (building, plumbing, grading, and electrical, etc.) agree to file
a workers' compensation certificate with the County.
D. Exclusive of off-site inspection specified to be the County's responsibility, the Contractor agrees
to arrange and pay for all off-site inspection of the Work including certification thereof required
by the specifications, drawings, or by governing authorities.
E. The County will provide on-site inspection of the Work and will arrange for off-site inspection
when specified in the Detailed Scope of Work. All other required inspections will be the
responsibility of the Contractor.
F. The County will inspect the Work for code compliance as part of permits pulled. The County
will provide this inspection at no additional cost for the first inspection and for re-inspection. If
the Contractor is unable to correct defective Work after one re-inspection, the County may
charge the Contractor for additional re-inspection.
G. In addition to any other warranties in this Contract, or those provided by manufactures the
Contractor warrants that Work performed under this Contract conforms to the Contract
requirements and is free of any defect in equipment, material, or workmanship performed by the
Contractor or any Subcontractor or supplier at any tier.
H. Corrections to Work may be required during the Work or the warranty period. The County is
expressly authorized at County's option to apply any sums withheld from progress payments
toward the cost of such corrections.
I. This warranty shall continue for a period of one year from the date listed on the Notice of
Completion for the specific Job Order. If the County takes occupancy of any part of the Work
before Final Acceptance, a warranty covering that specific portion of the Work shall begin for a
period of one year from the date the County takes occupancy. The County will notify the
Contractor in writing of the scope of any partial occupancy and the specific items under
warranty.
J. The County will not pay any costs for licenses required in the performance of the Work. The
Contractor agrees to assume this responsibility in total.
K. As required by the Detailed Scope of Work for a specific Job Order, the County may be required
to enter into Contracts with other Local, State and Federal Agencies to accomplish the subject
Scope of Work. Agencies may include but are not limited California Department of Fish and
Game, US. Army Corps of Engineers, California Regional Water Quality Control Board. The
Contractor will be required to comply with the requirements set forth within the permit.
L. Best Management Practices (BMPs) may be required for specific Job Orders, which will be
indentified in the Detailed Scope of Work. All California Storm Water Quality Association
(CASQA) Construction BMPs may be viewed at www.cabmphandbooks.com. It is the
Contractors responsibility to pay for all costs incurred by the specific BMPs. The County will
not reimburse these costs.
M. As required by the Detailed Scope of Work, per a specific Job Order the following permits may
apply and will be provided by the County:
1. NPDES Dewatering Permit
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Registration Documents) to the County Project Manager. If any of the required items are
missing, the PRD submittal is considered incomplete and will be rejected. Upon receipt
and acceptance of a complete PRD submittal, the County Project Manager will
electronically submit these documents to State Water Board through the California
Integrated Water Quality System (CIWQS) Project’s Storm water Multi-Application
Reporting and Tracking (SMART) system to obtain coverage under the General Permit.
3. Standard PRD Requirements
1. Notice of Intent
2. Risk Assessment (Standard or Site-Specific)
3. Site Map
4. SWPPP
5. Annual Fee
6. Signed Certification Statement
4. Additional Permit Registration Document (PRD) Requirements Related To Construction
Type
1. If Contractor proposes to implement an Active Treatment System (ATS) on a
Specific Job Order, Contractor shall submit:
i. Complete ATS Plan in accordance with Attachment F of the CGP at least 14
days prior to the planned operation of the ATS and a paper copy shall be
available onsite during ATS operation.
ii. Certification proof that the preparation and design was accomplished by a
qualified professional in accordance with Attachment F of the CGP.
2. Dischargers who are proposing an alternate Risk Justification shall submit:
i. Particle Size Analysis.
5. Exception to Standard PRD Requirements
1. Construction sites with less than one (1) acre of disturbance or an R value less than
five (5) as determined in the CGP Risk Assessment from the Revised Universal Soil
Loss Equation (RUSLE) are not required to submit a SWPPP.
6. Description of PRDs
1. Notice of Intent (NOI) or Notice of Construction Activity (NOCA)
The Notice of Intent or Notice of Construction Activity must be filled out
electronically on-line through the State’s SMART System. Contractor shall
coordinate with the County Project Manager to provide the required information to
fill out the NOI on-line form. Upon receipt of all required information (including all
items required below), County staff will electronically submit the Project
information through the SMART system.
2. Site Map(s) Includes
i. The project’s surrounding area (vicinity)
ii. Site layout
iii. Construction site boundaries
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construction operations and total disturbed areas. Contractor shall submit permit
fees to the County Project Manager for verification, and County will submit the fee
to the Regional Board.
5. A Signed Certification Statement must be submitted by the Legally Responsible
Party (LRP). The County Project Manager will coordinate with the Contractor to
acquire relevant information for the certification. The County will submit the
certification statement.
6. Risk Assessment
The Contractor shall use the Risk Assessment procedure as describe in the CGP
Appendix 1.
i. The Standard Risk Assessment includes utilization of the following:
1) Receiving water Assessment Interactive map
2) EPA Rainfall Erosivity Factor Calculator Website
3) Sediment Risk interactive map
4) Sediment sensitive water bodies list
ii. The site-specific Risk Assessment includes the completion of the hand
calculated R value Risk Calculator in the Revised Universal Soil Loss
Equation (RUSLE).
7. Post Construction Water Balanced Calculator (if applicable)
The Contractor shall complete the Water Balance Calculator (in Appendix 2 of the
General Permit) in accordance with the instructions when subject to this
requirement. (Note to Engineer: This paragraph will only apply when DISTRICT
or the County does not have a current MS4 (Municipal) permit in place.)
8. ATS Design Document and Certification
The Contractor using ATS must submit electronically their system design (as well as
any supporting documentation) and proof that the system was designed by a
qualified ATS design professional (See Attachment F of the General Permit).
P. Best Management Practices (PMF9.2S)
Contractor and all of Contractor’s, subcontractors, agents, employees and contractors shall
conduct operations under this Contract so as to assure that pollutants do not enter municipal
storm drain systems which systems are comprised of, but are not limited to curbs and gutters that
are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do
not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not
limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans).
Contractor shall comply with all water quality ordinances, permits and regulations. If Work
identified under a Specific Job Order does not fall within statewide Painting Permit, Contactor
shall implement appropriate BMPs consistent with County’s DAMP/LIP.
Contractor may propose alternative BMPs that meet or exceed the pollution prevention
performance of the BMP specified in DAMP/LIP. Any such alternative BMPs shall be
submitted to the County Project Manager for review and approval prior to implementation.
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engine shall be operated on the project without said muffler. The noise level from the
Contractor's operations between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday,
or at any time on Sunday or a Federal holiday, shall be in accordance with the County ordinance
covering "Noise Control." This requirement in no way relieves the Contractor of responsibility
for complying with local ordinances regulating noise level. Said noise level requirement shall
apply to all equipment on the job or related to the job, including but not limited to trucks, transit
mixers or transient equipment that may or may not be owned by the Contractor. The use of loud
sound signals shall be avoided in favor of light warnings, except those required by safety laws
for the protection of personnel.
O. Construction Area: Contractor shall protect property and facilities adjacent to the construction
area and all property and facilities within the construction area which are shown on the plans are
to be protected. After project completion, the construction area shall be in a clean and
presentable condition. All public or privately owned improvements and facilities shall be
restored to their original condition and location. If improvements or facilities are damaged, they
shall be replaced with new materials which are at least equal to the original materials. Nothing
herein shall be construed to entitle the Contractor to the exclusive use of any public street, way,
or parking area during performance of the Work. Contractor shall conduct its operations so as
not to interfere with the authorized Work of utility companies or other agencies in such streets,
ways or parking areas. The Contractor shall be responsible for investigating conditions of
available public and private roads and of clearances, restrictions and other limitations affecting
transportation and ingress and egress to the site of the Work. Use of equipment will be
minimized during any Stage II or Stage III smog alerts. All equipment will meet emissions
standards. Dust Control is required at all times. All proper public safety measures are to be used
during construction, including barriers, flagmen and signing. Equipment must conform to all
applicable noise regulations.
P. Contractor shall, whenever possible, minimize the use of water during project construction.
Watering equipment shall be kept in good working order. Water leaks shall be repaired
promptly. Washing of equipment, except when necessary for the safety or for the protection of
equipment, shall be discouraged. Water curing of concrete improvements as specified in Section
303-1.10, "Curing" of the Standard Specifications for Public Works Construction, shall not be
allowed unless specifically permitted by these Special Provisions or directed by the Project
Manager. Nothing in this section, "Water Conservation," shall be construed as relieving the
Contractor of furnishing sufficient water as required for the proper construction of this project in
accordance with the Standard Specifications for Public Works Construction and these Special
Provisions.
Q. Contractor shall anticipate that storm, surface and possible ground or other waters will be
encountered at various times and locations during the Work. Such waters may interfere with
Contractor's operations and may cause damage to adjacent or down-stream private and/or public
property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the
Contractor. The Contractor, by submitting a bid, assumes all of said risk and the Contractor
acknowledges that its bid was prepared accordingly.
The Contractor shall conduct its operations in such a manner that storm or other waters may
proceed without diversion or obstruction along existing street and drainage courses. Drainage of
water from existing or proposed catch basins shall be maintained at all times. Diversion of water
for short reaches in order to protect construction in progress will be permitted if public or private
properties are not damaged or, in the opinion of the Project Manager, are not subject to the
probability of damage. Contractor shall at no cost to County obtain written permission from the
appropriate public agency or property owner before any diversion of water will be permitted by
the Project Manager.
C019413 Page 46 of 52
DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
During the course of water control the Contractor shall conduct construction operations to
protect waters from being polluted with fuels, oils, bitumens or other harmful materials, and
shall be responsible for removing said materials in the event protective measures are not
effective.
Construction site shall be maintained in such a condition that an anticipated storm does not carry
wastes or pollutants off site.
Discharges of material other than stormwater are allowed only when necessary for performance
and completion of construction practices and where they do not: cause or contribute to a
violation of any water quality standard; cause or threaten to cause pollution, contamination, or
nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40
CFR Parts 117 and 302, or any other law or applicable regulation.
Potential pollutants include but are not limited to: vehicle/equipment fuels, oils, lubricants, and
hydraulic, radiator or battery fluids; vehicle/equipment wash water and concrete mix wash water;
concrete, detergent or floatable wastes; wastes from any engine/equipment steam cleaning or
chemical degreasing; solid or liquid chemical spills; wastes from sealants, limes, and solvents;
and superchlorinated potable water line flushings.
During construction, disposal of such materials should occur in a specified and controlled
temporary area on-site, physically separated from potential storm water run-off, with ultimate
disposal in accordance with local, state, and federal requirements.
Notwithstanding the above, management of stormwater shall be done with all applicable statutes,
ordinances, permits, regulations and provisions of this Contract governing stormwater.
The County may, at any time, by written stop Work order to the Contractor, require the Contractor to
stop all or any part of the Work, as per a specific Job Order, for a period of 90 days after the stop Work
order is delivered to the Contractor and for any further period to which the Parties may agree. The stop
Work order shall be specifically identified as such and shall indicate it is issued under this clause.
Upon receipt of the stop Work order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the Work covered by the stop
Work order during the period of Work stoppage. Within a period of 90 days after a stop Work order is
delivered to the Contractor or within any extension of that period to which the Parties shall have
agreed, the County shall either:
A. Cancel the stop Work order; or
B. Cancel the Job Order immediately in whole or in part in writing as soon as feasible.
The COUNTY selected The Gordian Group’s (Consultant) Job Order Contracting
C019413 Page 47 of 52
DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
(“JOC”) Solution (Gordian JOC Solution) for their JOC program. The Gordian JOC
Solution includes Consultant’s proprietary eGordian® JOC application (JOC
Applications) and construction cost data (Construction Task Catalog®), which shall
be used by the CONTRACTOR to prepare and submit Price Proposals,
subcontractor lists, and other requirements specified by the COUNTY.
C019413 Page 48 of 52
DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment
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DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
ATTACHMENT B
CONTRACTOR’S PRICING
I. COMPENSATION: This is an all-inclusive, usage Contract between the County and Contractor for
HVAC Services, as set forth in Attachment “A” Scope of Work.
The Contractor agrees to accept the specified compensation as set forth in this Contract as full
remuneration for performing all services and furnishing all staffing, labor, insurance, bonds. prevailing
wage, vehicles, equipment, tools, materials, overhead, travel, etc. required, for any reasonably
unforeseen difficulties which may arise or be encountered in the execution of the services until
acceptance, for risks connected with the services, and for performance by the Contractor of all its
duties and obligations hereunder. The Contractor shall only be compensated as set forth herein below
for work performed in accordance with the Scope of Work. The County shall have no obligation to pay
any sum in excess of the Total Contract Amount specified herein below unless authorized by
amendment.
II. FEES AND CHARGES: County will pay the following in accordance with the provisions of this
Contract.
A. Adjustment Factors: The Contractor’s two Adjustment Factors that will be applied against the
prices set forth in the Contract Task Catalog®. These Adjustment Factors will be used to price
out fixed price Job Orders by multiplying the appropriate Adjustment Factor by the Unit Prices
and appropriate quantities.
i. FACTOR 1 - Unit Work requirements to be performed during Normal Working Hours
(7:00AM to 5:00PM) as ordered by the County in individual Job Orders against this
Contract.
0.8900
Normal Working Hours
ii. FACTOR 2 - Unit Work requirements to be performed during Other Than Normal
Working Hours (5:01PM to 6:59AM) as ordered by the County in individual Job Orders
against this Contract.
0.8902
Other Than Normal Working Hours
C019413 Page 49 of 52
DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
III. PRICE INCREASES/DECREASES: No increases to the Adjustment Factors or to any line items in the
Construction Task Catalog® will be permitted during the term of this Contract.
IV. CONTRACTOR’S EXPENSE: The Contractor will be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance of
Work and services under this Contract.
V. PAYMENTS TERMS:
A. The County shall make payments upon the agreed upon price for a specific Job Order as listed in
the Notice to Proceed. The County will make progress payments monthly as the Work proceeds
on estimates approved by County Project Manager. The Contractor shall furnish a breakdown of
the total Contract price showing the amount included therein for each principal category of the
Work, to provide a basis for determining progress payments. The County will only pay for
actual Work in place.
B. Lump sum payment - if an individual Job Order is scheduled for Completion within 45 days or
less, the County will make one payment after 30 days of Work to the Contractor, exclusive of
retention. Contractor may request for one payment (including retention payment); however,
payment will be made after Final Acceptance of the Job Order.
C. Partial payment – the County will consider a request for partial payments for Job Orders
scheduled for a performance period of greater than 45 days.
D. Retention - When payments are made under this Contract, five percent (5%) of each requested
and approved payment will be retained. The retention will be released upon Final Acceptance of
the Work, and the County’s approval on the final payment request. A Notice of Completion for
each individual Job Order must be filed. Final payment is to be made 35 days subsequent to the
filing of the Notice of Completion.
E. Retention Release - The County’s release of the retention does not relieve the Contractor of its
responsibility to comply with both the proposed Scope of Work and the terms and conditions of
the Job Order and Contract for completed and warranty Work. The Contractor agrees that a
condition precedent to the County’s release of the five percent (5%) retention amount is in full
compliance with this provision herein. The Contractor must submit a completed invoice to the
County for approval. The Contractor agrees that the signature on the invoice certifies that it has
completed or submitted the following:
1. All warranties and maintenance requirements; and
C019413 Page 50 of 52
DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
C. The Contractor agrees that it is submitting a request for payment within one year of the
Completion of the project for which it is billing. If the Contractor does not submit a request for
payment within one year of the Completion of the project for which it is billing, it herein agrees to
forfeit that payment.
D. If the Contractor’s invoice is not approved, the County will issue a “Return of Invoice for
Correction” letter advising the Contractor of missing deliverables and/or information requiring
C019413 Page 51 of 52
DocuSign Envelope ID: FDD7DBD4-59D6-4970-BA2A-22FA8428E5AA
093CE3A1-C1AC-48D3-881F-401D999DA288
Attachment F
County of Orange, OC Public Works MA-080-18011453
Harry H. Joh Construction, Inc.
correction. After making the appropriate corrections, the Contractor agrees to submit a second, or
corrected, invoice.
E. The Contractor agrees that even though the County has approved payment, the County retains the
right to further inspect the Work and issue correction notices.
F. After the first payment and before making any other payment to the Contractor, the County will
require that the Contractor produce and deliver to the County satisfactory proof or evidence that all
labor performed and materials furnished up to the date of the preceding payment request have been
fully paid for, and that as of the said date, no claims exist if that is the case. This partial release of
claim must be executed with the same formality as this Contract.
G. Upon receipt of a stop notice, the County will withhold from the Contractor an amount of money
sufficient to cover the potential cost of the stop notice and the reasonable cost of any associated
litigation. In order to satisfy the requirements of a stop notice, the County will refuse to release
funds held in retention.
H. The Contractor will provide an invoice on Contractor’s letterhead for services rendered. Each
invoice will have a number and will include the following information:
1. Contractor’s name and address
2. Contractor’s remittance address (if different from 1 above)
3. Name of County department
4. County Contract number
5. Service date(s)
6. Service description
7. Contractor’s Federal I. D. number
8. Updated duration schedule
9. An updated schedule of values
10. Releases
11. Total
I. Contractor has the option of receiving payment directly to their bank account via an Electronic
Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive
Electronic Remittance Advice with the payment details via email. An email address will need to be
provided to the County via an EFT Authorization Form. To request a form, please contact the DPA
C019413 Page 52 of 52
Attachment E
Contract Summary
☒ This contract does not include subcontractors or pass through to other providers.
☐ This contract includes the following subcontractors or pass through to other providers.
Page 1 of 1
Attachment M
BID SUMMARY
JOC Master List
Bid Openings on 2/21/18
AWARDED CONTRACTORS
BID NUMBER: 080‐C019411‐CL
JOC FOR DEMOLITION SERVICES
2 ‐ RESPONSIVE BIDS RECEIVED
Wreck Age Exbon Development,
Respondent Name Demotion, Inc. Inc.
Ranking: 1 2
Line Bid Line Description Quantity Quantity
1 Normal Working 0.6800 0.9800
2 Other Than Normal 0.7700 0.9900
3 Composite Factor 0.6980 0.9820
BID NUMBER: 080‐C019415‐CL
JOC FOR SLURRY AND PAVING
5 ‐ RESPONSIVE BIDS RECEIVED
Palp Inc. DBA Excel Exbon Development,
All American Asphalt R.J Noble SJD&B, Inc.
Paving Company. Inc.
Respondent Name
Ranking: 1 2 3 4 5
Line Bid Line Description Quantity Quantity Quantity Quantity Quantity
1 Normal Working 0.8180 0.9430 0.9800 0.9900 1.0100
2 Other Than Normal 0.9180 1.1515 1.0500 1.0300 1.0300
3 Composite Factor 0.8380 0.9847 0.9900 0.9980 1.0140
Page 1 of 3
Attachment M
BID NUMBER: 080‐C019412‐NM
JOC FOR ELECTRICAL SERVICES
6‐ RESPONSIVE BIDS RECEIVED
Southern
Exbon Development Angeles Contractor M.B. Herzog Electric,
Baker Electric Telenet VoIP Inc Contracting
Inc. Inc. Inc
Respondent Name Company
Ranking: 1 2 3 4 5 6
Line Bid Line Description Factor Factor Factor Factor Factor Factor
1 Normal Working 0.8021 0.9300 1.1000 1.1600 1.1500 1.2500
2 Other Than Normal 0.8305 0.9400 1.2000 1.3600 1.5400 1.4400
3 Composite Factor 0.8078 0.9320 1.1200 1.2000 1.2280 1.2880
BID NUMBER: 080‐C019414‐RE
JOC FOR ROOFING SERVICES
3 ‐ RESPONSIVE BIDS RECEIVED
Exbon Development, Best Contracting Angeles Contractor,
Respondent Name Inc. Services, Inc. Inc.
Ranking: 1 2 3
Line Bid Line Description Quantity Quantity Quantity
1 Normal Working 0.9200 1.0650 1.1800
2 Other Than Normal 0.9300 1.1150 1.2000
3 Composite Factor 0.9220 1.0750 1.1840
Page 2 of 3
Attachment M
BID NUMBER: 080‐C019413‐CC
JOC FOR HVAC SERVICES
9 ‐ RESPONSIVE BIDS RECEIVED
EMCOR Services,
Thomasville Harry H Joh Exbon Development, Applied Air Pan Pacific MTM Construction, ABM Building Acco Engineered
Mesa Energy
Construction, Inc. Construction, Inc. Inc. Conditioning Mechanical Inc. Solutions LLC Systems, Inc.
Respondent Name Systems, Inc.
Ranking: 1 2 3 4 5 6 7 8 9
Line Bid Line Description Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity Quantity
1 Normal Working 0.7000 0.8900 0.9500 1.0111 1.0500 1.0800 1.0800 1.0998 1.1500
2 Other Than Normal 1.0000 0.8902 0.9600 1.1254 1.0500 1.0900 1.2312 1.1696 1.2500
3 Composite Factor 0.7600 0.8900 0.9520 1.0340 1.0500 1.0820 1.1102 1.1138 1.1700
Respondent Telephone 626‐224‐8359 562‐630‐3348 714‐539‐2222 714‐545‐1917 949‐474‐9170 626‐934‐1112 949‐460‐0460 949‐330‐1550 818‐244‐6571
Corrected composite
factor based on
Factors 1 & 2
Comments provided by bidder
Page 3 of 3
7/28/2018 Check A License - License Detail
Entity Corporation
Issue Date 02/22/1985
Reissue Date 04/06/1999
Expire Date 04/30/2019
License Status
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.
Bond Number: 100002850
Bond Amount: $15,000
Effective Date: 01/01/2016
Contractor's Bond History
The qualifying individual HARRY HYUNKHI JOH certified that he/she owns 10 percent or more of the voting stock/membership
interest of this company; therefore, the Bond of Qualifying Individual is not required.
Effective Date: 04/10/2018
BQI's Bond History
Workers' Compensation
https://www2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetail.aspx?LicNum=469845 1/2
7/28/2018 Check ACOMPENSATION
This license has workers compensation insurance with the STATE License - License Detail
INSURANCE FUND
Policy Number:9201334
Effective Date: 01/01/2017
Expire Date: 01/01/2019
Workers' Compensation History
Miscellaneous Information
Other
Personnel listed on this license (current or disassociated) are listed on other licenses.
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7/28/2018 Check A License - License Detail
Entity Corporation
Issue Date 10/17/2016
Expire Date 10/31/2018
License Status
Additional Status
One or more of the classifications on this license may be removed at a future date if the qualifying person is not replaced by
07/09/2018.
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.
Bond Number: 100328002
Bond Amount: $15,000
Effective Date: 10/14/2016
The qualifying individual HYUN SOOK JOH certified that he/she owns 10 percent or more of the voting stock/membership interest of
this company; therefore, the Bond of Qualifying Individual is not required.
Effective Date: 04/10/2018
https://www2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetail.aspx?LicNum=1019385 1/2
7/28/2018
Workers' Compensation
Check A License - License Detail
This license has workers compensation insurance with the MIDWEST EMPLOYERS CASUALTY COMPANY
Policy Number:BNUWC0138827
Effective Date: 12/01/2016
Expire Date: 12/01/2018
Workers' Compensation History
Other
Personnel listed on this license (current or disassociated) are listed on other licenses.
https://www2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetail.aspx?LicNum=1019385 2/2
7/28/2018 Personnel List
Click on the person's name to see a more detailed page of information on that person
https://www2.cslb.ca.gov/onlineservices/checklicenseII/PersonnelList.aspx?LicNum=1019385&LicName=HHJ+CONSTRUCTION+INC 1/1