Supplementary General Conditions to Contract General Conditions for Job Order Contracts
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[Note to Campuses: This document contains amendments to the Contract General Conditionsfor inclusion into your contract documents. Remember to delete this note.]
● Article 2.05, Bidding Documents, subsection C, Bidder’s Security, add the following paragraph at the end:
The Trustees will not accept riders or modifications of any kind on bidders bonds, and, if presented by Bidder, may result in Bidder’s disqualification as non-responsive. Bond document forms approved by the Trustees must be used without alteration.
● Article 3.03, Contract Bonds, delete and replace with the following:
The successful bidder shall furnish for each counterpart signed, two surety bonds in the form prescribed by the Trustees. Each bond shall be in an amount equal to 100 percent of the awarded Maximum Contract Amount and executed by an admitted surety insurer licensed in the State of California and listed in the latest published United States Treasury Department list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies.” Reference the following websites:
• State of California Dept. of Insurance at: and
• U.S. Treasury listing at:
One of the surety bonds shall guarantee faithful performance of the Contract by the Contractor and the other shall secure payment of laborers, mechanics, or materialmen employed on the Project. Such bonds are subject to the approval of the Trustees. Contract bonds shall remain in full force and effect during the term of the Contract including the one-year guarantee period, and through the ten-year limit on latent defects (Public Contract Code sections 10821-10824, Code of Civil Procedure section 337.15).
The Trustees will not accept riders or modifications of any kind on original performance bonds and payment bonds provided at award. Bond document forms approved by the Trustees must be used without alteration.
The Trustees shall make all alterations, extensions of time, extra and additional Work, and other changes authorized by any part of the Contract, including determinations made under Article 8.01, Claims, without securing the consent of the surety or sureties on the Contract bonds. If the original Contract is amended during the term to increase the awarded Maximum Contract Amount, the Contractor shall furnish additional or revised performance and payment surety bonds, so that each such performance and payment bond equals 100% of the increased Maximum Contract Amount. The Trustees will accept a rider to either bond that will increase the Maximum Contract Amount, but not change any other terms and conditions.
Whenever the Trustees have cause to believe that the surety has become insufficient, the Trustees may demand in writing that the Contractor provide such further bonds or additional surety, as in the Trustees’ opinion is necessary, considering the extent of the Work added or remaining to be done. Thereafter the Trustees shall make no payment to the Contractor or any assignee of the Contractor until the further bonds or additional surety has been furnished (Public Contract Code section 10825). The Trustees will accept a rider to either bond that will increase the Maximum Contract Amount, but not change any other Contract terms and conditions.
● Article 5.08, Job Order Contracting software, delete last sentence and add the following:
A.Gordian JOC Solution
The Trustees selected The Gordian Group’s (Consultant) Job Order Contracting (“JOC”) Solution (Gordian JOC Solution) for their JOC program. The Gordian JOC Solution includes Consultant’s proprietary eGordian JOC applications (JOC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Job Order Price Proposals, subcontractor lists, and other requirements specified by the University. The Contractor’s use, in whole or in part, of the Consultant’s JOC Applications, Construction Task Catalog and other proprietary materials provided by the Consultant for any purpose other than to execute work under this Contract for the University is strictly prohibited unless otherwise approved in writing by the Consultant. The Contractor hereby agrees to abide by the terms of the following JOC System License.
- JOC System License
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 the University, whichever is shorter, a nonexclusive right,
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privilege, and license to Consultant’s proprietary JOC System and related proprietary materials (collectively referred to as “Proprietary Information”) to be used for the sole purpose of executing Contractor’s responsibilities to the University under this Contract. The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Consultant‘s JOC Applications and support documentation, Construction Task Catalog, training materials and other Consultant provided proprietary materials. In the event this Contract expires or terminates as provided herein, or the Consultant’s Contract with the University expires or terminates, this JOC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to the Consultant.
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.
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.
In the event of a conflict in 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 University, this JOC System License shall take precedence.
-End of Supplementary General Conditions to
Contract General Conditions for Job Order Contracts-
September, 2016