Bid 7305 Security Guard Services

Agency: Merced County
State: California
Type of Government: State & Local
NAICS Category:
  • 561612 - Security Guards and Patrol Services
Posted Date: May 29, 2019
Due Date: Jun 26, 2019
Solicitation No: 7305
Bid Source: Please Login to View Page
Contact information: Please Login to View Page
Bid Documents: Please Login to View Page
Bid Number: 7305
Bid Title: Bid 7305 Security Guard Services
Category: Administrative Services - Purchasing
Status: Open

Description:
The County of Merced is soliciting bids for Security Guard Services for various County departments.
Publication Date/Time:
5/29/2019 8:00 AM
Closing Date/Time:
6/26/2019 4:00 PM
Pre-bid Meeting:
No
Contact Person:
Elizabeth Amaral, Procurement Specialist
Phone: 209-385-7331 Ext. 5478
Fax: 209-725-3535
E-Mail: E.Amaral@hsa.co.merced.ca.us
Download Available:
Yes
Business Hours:
Monday-Friday 8:00am-5:00pm
Related Documents:

Attachment Preview

Test Title

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Issue Date: 05.29.19

THE COUNTY OF MERCED

DEPARTMENT OF ADMINISTRATIVE SERVICES-PURCHASING

INVITATION FOR BID

BID NO. 7305

FOR:

Security Guard Services

Notice is hereby given that sealed bids will be received at the Merced County Department of Administrative Services-Purchasing until 4:00 P.M., local time, on June 26,2019 at which time they will be publicly opened, read and published to the web for the furnishing and delivering of security guard services. Please carefully read and follow the instructions. Bids shall be presented under sealed cover. Clearly marked with the bid number and bid submittal deadline date on the outside and mailed or delivered to:

Department of Administrative Services-Purchasing

2222 "M" Street, Room 1

Attn: Elizabeth Amaral, Procurement Specialist

Phone: 209-385-7331 Ext. 5478

Fax: 209-725-3535

E-Mail: E.Amaral@hsa.co.merced.ca.us

Any Bidder who wishes their bid to be considered is responsible for making certain that their bid is received in the Department of Administrative Services-Purchasing by the Bid Submittal Deadline. NO ORAL, TELEPHONIC, ELECTRONIC (E-MAIL), OR FACSIMILE BIDS OR MODIFICATIONS WILL BE CONSIDERED. BIDS RECEIVED AFTER THE BID SUBMITTAL DEADLINE WILL BE REJECTED REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.

BID SUBMITTAL DEADLINE: 4:00 P.M., June, 26, 2019

BIDS WILL BE CONSIDERED LATE WHEN THE OFFICIAL DEPARTMENT OF ADMINISTRATIVE SERVICES-PURCHASING TIME CLOCK READS


TABLE OF CONTENTS

Cover Page 1

Table of Contents 2

SECTIONS:

1 – Scope of Work 3

2 – Calendar and Checklist 6

3 – Instructions 7

4 – General Terms 11

5 – Basis of Award 20

ATTACHMENTS:

A – Signature Page 23

B – Bid Cost Sheet 24

C – References 25

D – Subcontractor List 26

E – Local Vendor Preference 27


SECTION 1

SCOPE OF WORK

1. INTRODUCTION

The County of Merced is soliciting bids for Security Guard Services for various County departments.

The County of Merced reserves the right to add or subtract departments and modify quantities at any given time during the term of the agreement. The Bidder agrees to extend pricing and services to other County departments seeking similar services that are paid by County personnel only.

Bidder shall assign the necessary security guards to cover the hours of work called out. Coverage shall be split between the specific individuals with regular hours assigned to each. One (1) or more backup guard(s) will also be needed. The Bidder will provide a supervisor for their security monitors who are assigned to the property. The supervisor is the contact and liaison with County staff. The supervisor shall monitor the correct filling in of logs and timesheets for the Bidder.

As part of this bid, Bidder must provide an exception page for each item bid listing any exception(s) taken to the specifications. If exception(s) are not noted, the County will assume the Bidder will meet all of those requirements and assume full responsibility to meet the specifications. Judgment of the exceptions is to rest with Merced County Administrative Services-Purchasing.

2. BIDDER REQUIREMENTS

a. Bidder must be CPR Trained/ Certified, pass a Tuberculosis Test, and have the Flu Immunization.

b. Bidder must have proof of criminal background checks. County may require additional training for services within the local hospital.

c. Bidder shall provide uniformed unarmed security officer(s), to be stationed at designated Merced County locations.

d. Bidder will do a security check of department grounds and facilities when requested by department staff or scheduled security checks when times are provided.

e. Bidder will be required to sign Merced County Confidentiality or Additional Contract requirements.

f. Bidder shall maintain a log of all calls and the response time to the County. Call logs and response logs shall be available upon request by County Staff. A copy of the log shall be submitted with billing invoice.

g. Guards are expected to be responsible, demonstrate good judgment, and can interact in a professional manner with a variety of people from diverse socioeconomic, racial, and ethnic backgrounds. Guards are also expected to provide a professional demeanor and provide visible roving foot patrols in the defined area. Security Guards are required to:

1. Maintain a current State of California Guard Card.

2. Report to designated shift start time ready to begin work.

3. Be physically and emotionally capable of performing assigned tasks.

4. Pass a Merced County live scan background check.

5. Be able to perform duties outlined with authority; quickly yet not be abusive, abrasive or threatening.

6. Guards shall be required to provide proof that they have undergone drug testing and are eligible to provide services in accordance with the County’s Drug Free Work Place policy.

h. Merced County departments may request additional requirements that are specific to their needs.

a. Bidder will secure and protect all County property including buildings and equipment as well as all County staff by maintaining control of traffic flow and access to the facility.

a. Bidder will respond to emergency situations with a sense of urgency and maintain open communication flow with County staff.

i.

3. SERVICE LOCATIONS

GUARD SERVICES LOCATIONS

Address

# of Guards

Hours per Year

Days of Service

Walk or Drive

Behavioral Health and Recovery Services

1

8,736

7 days a week

Walk/Drive

301 E 13th Street,

24 hours a day

Merced CA

Main St Teen and Visitation Center

1

1,920

Mon-Fri

Walk

1577 Main St.,

12pm-8pm

Merced CA

HSA Castle

1

576

Mon, Wed, Fri

Walk

1920 Customer Care Lane,

1pm-5pm

Atwater CA

Merced County Elections

1

1,416

24 hours a day 7days a week

Walk

2222 M street

Merced, CA

Public Health - First 5 Commission

1

12

1 day a Month for an hour

Walk

260 E. 15th St

7pm-8pm

Merced, CA

HSA Wardrobe

1

1,920

Mon-Fri

Walk/Drive

2115 W. Wardrobe Ave

8am-5pm

Merced, CA

Merced Co. Library

1

1,872

Mon-Sat

Walk

2100 O St

10am-6pm

Merced, CA

Fri

10am-5pm

Castle Airport

1

4,032

7 days a week

Drive

1900 Airdrome Entry

6pm-6am

Atwater, CA

Outreach Center

1

1,920

Mon-Fri

Walk

1137 B street

8am -5 pm

Merced ,CA

Public Health

250 E. 15th Street

Merced ,CA

1

2,521

Mon-Fri

8am -5 pm

Walk/Drive

On Call Hourly Rate

7,000 Hours per Year

N/A

N/A


SECTION 2

INVITATION FOR BID CALENDAR AND CHECKLIST

1. Calendar

a. Availability of Invitation for Bid 05/29/2019

b. Submittal of Questions / Corrections – Section 3.2 06/12/2019

c. Closing Date for Invitation for Bid – Section 3.3 06/26/2019

2. Submittal Checklist

a. Signature Sheet Attachment A

b. Bid Cost Sheet Attachment B

c. Reference List Attachment C

d. Subcontractor List Attachment D

e. Local Vendor Preference Certification Attachment E


SECTION 3

INSTRUCTIONS FOR SUBMITTING BIDS

1. Bid Submittal

a. Bid must be submitted on the form(s) provided by and made available at the Office of the Merced County Department of Administrative Services-Purchasing, 2222 “M” Street, Room 1, Merced, CA 95340. All items shall be filled in and the signatures of all persons signing shall be written and printed in longhand. All bids submitted must have signature sheet, (Attachment A) completed, dated, with firm's name and signed by a duly authorized officer of the firm.

The bid cost sheet, (Attachment B) to be completed, signed and returned with bid submittal.

Bids not submitted on the form(s) provided may not be considered by the Department of Administrative Services-Purchasing.

b. All bids shall be presented under sealed cover, clearly identified on the outside to read:

• Name of the Bidder

• Address of the Bidder

• Subject of the Bid

• Invitation for Bid Number

• Bid Submittal Deadline Date

c. Please submit one (1) original signature hard copy to be signed in blue ink (original copies marked as such) and one (1) copy.

d. All bids shall remain firm for at least ninety (90) calendar days after Bid Submittal Deadline unless otherwise specified. Within ninety (90) calendar days after the Bid Submittal Deadline opening, a purchase order and/or a contract may be awarded by the County to the lowest responsible bidder, as it may deem proper in its absolute discretion. The time for awarding a purchase order and/or a contract may be extended at the sole discretion of the County, if required to evaluate bids or for such other purposes as the County may determine, unless the bidder objects to such extension in writing with their bid.

e. All prices shall be bid F.O.B. DESTINATION only.

f. Delivery dates of all items/services shall be specified on the bid.

g. Mistakes must be corrected and the correction inserted; correction must be initialed in blue ink by the person signing the bid.

h. Bidder shall be able to withdraw their bid at any time prior to the Bid Submittal Deadline. After bid submitted deadline, the Bidder shall not be relieved of its bid without the consent of the County, nor shall any change in the bid be made because of a mistake. The County may allow a Bidder to withdraw a bid because of a mistake only when the Bidder has notified the County in writing within five (5) work days following the bid opening, specifying in detail how the mistake occurred, and has established to the satisfaction of the County that: (1) a mistake was made; (2) the mistake made the bid materially different from what the bidder intended; and (3) the mistake was made in filling out the bid and was not due to an error in judgment nor to carelessness in inspecting the site nor in reading the plans or specifications.

i. The submission of a bid shall be considered an agreement to all the terms, conditions, and specifications provided herein and in the various bid documents, unless specifically noted otherwise in the bid.

2. Interpretation, Corrections and Addenda

The Bidder must carefully examine the specifications, terms and conditions provided in the Invitation For Bid and become fully informed as to the requirements set forth therein. If anyone planning to submit a bid discovers any ambiguity, conflict, discrepancy, omission or error in the bid, has any questions in relationship to the requirements as specified in Section 1, or any other related matters, they shall immediately notify the contact person as shown on the “Cover Sheet” of such concern in writing and request clarification or modification of the document(s) no later than the deadline as set forth herein:

Deadline for submission of questions: 06/12/2019

No further requests for clarification or objections to the bid will be accepted or considered after this date. Any change in the bid will be made only by written addendum, issued by the Department of Administrative Services-Purchasing to each firm in receipt of the Invitation for Bid and shall be incorporated in the bid.

The Bidder shall sign and date the addendum and submit same with the bid. Any oral communication by the County’s designated contact person or any other County staff member concerning this proposal is not binding on the County and shall in no way modify this proposal or the obligations of the County or any Bidders.

The Bidder may E-mail, mail, or fax the contact person as shown on the “Cover Sheet”.

All inquiries shall be directed to the designated County staff person as shown. Contact with any other County personnel or any undue “badgering” of such County personnel by the Bidder is prohibited. Failure to comply with this request may be considered cause for disqualification of your bid.

3. Bid Submittal Deadline

The bid must be received in the Merced County Department of Administrative Services - Purchasing by 4:00 P.M. local time on June 26, 2019. For the purposes of this bid, the time specified will be as defined by the Date/Time machine in the Office of the Department of Administrative Services-Purchasing, 2222 “M” Street, Room 1, Merced, California 95340. BIDS RECEIVED AFTER THIS DEADLINE WILL BE REJECTED REGARDLESS OF POSTMARK DATE AND WILL BE RETURNED TO THE BIDDER UNOPENED.

Without law or policy to the contrary, if the Bidder took reasonable steps to submit the bid in due time, and failure of the bid to be on hand at the time of closing was not the result of negligence or other fault of the bidder, but was the result of negligence by the County, the County reserves the right to accept such bid.

4. References

Provide a list of at least three (3) three customer references, (Attachment C) which the Bidder had sold or are currently selling similar items/services. Include the company’s name; the name, title, and telephone number of a contact person; the dollar amount of the contract; and the dates that these items/services were completed.

5. Specific Compliance

a. All Bidders will be required to abide by all applicable local, Federal and State laws and regulations, including, but not limited to:

• Employees of Bidder who, because of convictions or because of current or past failures to comply with state and federal program requirements, become designated as ineligible persons or are identified for exclusion from involvement in state and federal programs, shall be removed from responsibility or participation in or involvement with all aspects of this federally funded program, until such time as the person or entity is no longer identified on the exclusion lists.

• Bidder shall be responsible to perform ongoing exclusion reviews of current employees to ensure that Bidder does not hire or contract with any individual or entity under sanction or exclusion by the state and federal government.

• Bidder cannot be excluded from any Medi-Cal, Medi-Care, or Medicaid programs.

• HIPAA compliance.

6. Acceptance Test

Upon receipt of written notification of the completion of the delivery of the items/services called for under this bid, County, at its option, may conduct a fifteen (15) work day on-site acceptance test. The acceptance test of the items/services will be conducted for the purpose of demonstrating, that, in County’s sole opinion that such items/services performs in accordance with the manufacturer's specifications.

In the event the items/services do not successfully pass the acceptance test, County shall notify the successful Bidder, in writing, specifying in reasonable detail in what respects the items/services failed to perform. Seller shall immediately correct any deficiencies, disclosed by the acceptance test. County may repeat the fifteen (15) work days test again until the items/services have successfully passed the acceptance test.

In the event that the items/services fail to pass the acceptance test within sixty (60) calendar days of the date that the notification of the completion of the delivery of the items/services are received, County shall have the option of immediately terminating any purchase order issued as a result if this bid without financial liability or penalty of any kind, or, with mutual agreement the parties may continue the acceptance testing. The option to terminate any purchase order issued as a result of this bid, as aforesaid, shall remain available to County during any mutually agreed to continuation of the acceptance test after the aforesaid sixty (60) calendar day period. If County elects to termination any purchase order issued as a result of this bid, the successful Bidder shall refund all monies received from County up to the period of termination, within thirty (30) calendar days from receipt of written termination by County.

7. Merced County Business License

Prior to the issuance of any purchase order and/or the performance of any contract derived from this bid, the successful Bidder and its subcontractors shall be required to maintain a Merced County Business License in accordance with the County of Merced Ordinance No. 1705, “An Ordinance Establishing a requirement for a Business License and Temporary Business License and/or persons operating in the unincorporated areas of Merced County" ( www.caed.merced.ca.us ).

It is the intent of the Board of Supervisors of the County of Merced to authorize that no person shall maintain, conduct, or carry-on a business, whether or not for profit, located in whole or in part at a fixed place of business within the County and outside the limits of any incorporated city, without first obtaining a license to operate as provided under the County of Merced Ordinance No. 1705.


SECTION 4

GENERAL TERMS AND CONDITIONS

1. Bid Rejection/Waiver of Informalities

THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID AND MINOR IRREGULARITIES, TECHNICAL DEFECTS OR CLERICAL ERRORS.

The County’s decision shall be final. The County’s waiver of an immaterial defect shall in no way modify the bid documents or excuse the Bidder from full compliance with its specifications if the Bidder is awarded the bid.

2. Bonding Requirements

If required, before execution of the contract with the successful Bidder by the County, the successful Bidder shall file with the County the necessary bonds satisfactory to the County in the amounts and for the purposes noted. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in and secured through an authorized agent with an office in . The successful Bidder shall pay all bond premiums, costs and incidentals.

3. Condition of Equipment Bid

If equipment is proposed, it is to be the newest and latest model in current production. Used, re-manufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated under this bid.

4. Brand Names

Manufacturers’ brand names and model numbers, when used, are for reference to indicate the character or quality desired. Equal items will be considered, provided the offer clearly describes the item. Offers for equal items must state the manufacturers brand and model number, or level of quality. The determination of the Department of Administrative Services-Purchasing as to what items are equal is final and conclusive. When manufacturer’s brands, model numbers or level of quality is not stated by Bidder, the offer will be considered exactly as specified.

5. Payments, Invoicing and W-9 Certification Form

Invoices shall be mailed or delivered to the County Department whose name and address shall appear in the "INVOICE TO" section of any purchase order and/or contract as a result of this bid.

In addition to the itemized invoice(s) submitted by the successful Bidder for payment, the successful Bidder must also complete and submit a Form W-9, “Request for Taxpayer Identification Number and Certification”, ( www.irs.gov/pub/irs-pdf/fw9.pdf ) to the County. Both invoice(s) and W-9 form shall be forwarded to the County at the address indicated in the purchase order and/or contract. Upon approval by the County, the sum due hereunder shall be paid to the successful Bidder within thirty (30) calendar days following acceptance pursuant to Section “Acceptance Test”, and receipt of a proper invoice(s).

6. Delivery Hours

Delivery will be accepted from to , Monday through Friday.

7. Damage of Items

All damages pursuant to items received by County due to the successful Bidder’s negligence shall be the responsibility of successful Bidder to replace.

Alternate bids may be considered at the discretion of the County if alternate bids are called for in this bid. County will be the final authority to accept or reject an alternate bid.

8. Cash Discount

In connection with any cash discount specified on this bid, time will be computed from the date of the complete delivery of the items/equipment as specified, or from date correct invoices are received in the County department requesting such items/equipment, whichever is later. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check.

9. Pricing

Unless otherwise provided, the items/services stated herein will not be subject to any price increase from the date of acceptance of bid to the date of termination/extension as stated herein. If the successful Bidder established prices for any items/services listed herein is decreased during the term of this bid, then such discounts/ reductions in price shall be immediately applicable so that County may have benefit of such lower prices.

10. Risk of Loss

The successful Bidder shall bear risk of loss until goods have reached the final F.O.B. Destination point. Thereafter, County shall bear risk of loss.

11. Prior to Shipment

While the successful Bidder has risk of loss, the successful Bidder agrees, at its own expense, to procure and carry suitable fire, and extended coverage insurance on material, work-in-process and any furnished items which comprise or will eventually comprise the piece-of equipment. The amount to be insured shall be the actual replacement value of said material, work-in-process and furnished items. Such insurance shall provide a loss payable clause in favor of the successful Bidder as its interest may appear.

12. F.O.B. Point

F.O.B. Destination to include inside delivery to:

VARIOUS MERCED COUNTY DEPARTMENTS

LOCATIONS SHOWN ON SECTION 1 “REQUIREMENTS”

13. Examination of Bid Documents

All Bidders shall carefully examine the specifications herein and must fully inform themselves of the conditions and requirement of the items/services to be furnished. Failure to do so will be at Bidder’s own risk and cannot secure relief on the plea of error, or dispute, or question such specifications and the directions explaining or interpreting them.

Should a Bidder find discrepancies in, or omissions from, the specifications, or should he/she be in doubt to their meaning, he/she shall at once notify the County’s Department of Administrative Services-Purchasing. Notification is to be in written form and must be submitted at least seven (7) work days prior to the Bid Submittal Deadline. Any interpretations by the County will be made in written form. Any change in requirements will be done in the form of a written amendment. The receipt of any resulting amendment must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions given before the award of the contract will not be binding upon the County.

All other questions should be directed to the buyer shown on the “Cover Sheet” of this Invitation for Bid (IFB).

14. Request for Changes

The County reserves the right to order in writing changes in the bid or alterations, additions, or omissions at any time prior to acceptance of the items/services without voiding the bid, and the successful Bidder shall comply with such order. The successful Bidder may also request changes in the bid, but no work will be performed on such changes until the request is approved in writing by the County. Such changes shall be performed in accordance with the original bid requirements except as modified by an amendment. Except as herein provided, the successful Bidder shall have no claim for any other compensation due to changes in the work.

15. Local Business Purchasing Preference

A five percent (5%) preference shall be granted to local Bidders. A local Bidder is defined as:

a. A principal place of business located within the with a valid and verifiable business license, if applicable, issued by a city the County or a business located in the unincorporated areas of the County. Post Office Boxes do not qualify as verifiable local business addresses;

b. Employs at least one (1) full-time employee within the County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence(s) is located within the County; and

c. Has had a fixed office or place of business having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the County.

Local preference only applies to the purchase of materials, supplies, equipment or services, and will not apply to bids conducted cooperatively with other public agencies, nor when prohibited by state or federal statutes or regulations to be awarded to the “lowest responsible bidder” or otherwise exempted from local preference. The total amount of such a preference granted in a single competitive bid shall not exceed $10,000 over a non-local bidder (County of Merced Ordinance No. 1852, Chapter 5.12.025; “Local Business Purchasing Preference”).

16. Insurance

Prior to the commencement of work, and as a precondition to this contract, the successful Bidder shall purchase and maintain the following types of insurance for the stated minimum limits indicated. The successful Bidder shall provide a certificate of insurance and endorsements naming County as an additional insured on each policy. The insurance carrier shall be required to give County notice of termination at least ten (10) days prior to the intended termination of any specified policy. Each certificate of insurance shall specify if the successful Bidder has a SIR, and if so, they shall be required to provide the entire policy of insurance with which it has a SIR and/or deductible. All deductibles and self-insured retentions shall be fully disclosed in the Certificates of Insurance and are subject to the express written permission of the County Risk Manager.

a. Requirements and Limits:

1. Commercial General Liability: $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate covering bodily injury, personal injury and property damage. The County and its officers, employees and agents shall be endorsed to above policies as additional insured using ISO form CG2026, as to any liability arising from the performance of any contract resulting from this proposal.

2. Automotive Liability: $1,000,000.00 per accident for bodily injury and property damage, or split limits of $500,000.00 per person/$1,000,000.00 per accident for bodily injury and $250,000.00 per accident for property damage.

3. Workers' Compensation Statutory coverage, if and as required according to the California Labor Code, including Employers' Liability limits of $1,000,000.00 per accident, the policy shall be endorsed to waive the insurer's subrogation rights against the County.

b. Insurance Conditions

1. Insurance is to be primary and non-contributory with any insurance of County, and placed with admitted insurers rated by A.M. Best Co. as A: VII or higher. Lower rated, or approved but not admitted insurers, may be accepted if prior approval is given by the County’s Risk Manager.

2. Each of the required policies, noted above, shall be endorsed to provide the County with ten (10) calendar days prior written notice of cancellation. Additionally, the policies shall also be endorsed by the insurance company (not the agent) to modify the policies to include , its officers, agents, and employees as additional insured. The County is not liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of successful Bidder to furnish insurance during the term of the contract.

3. These requirements assume that standard insurance policy forms, terms, and conditions will apply to cover the expected risk exposures for the intended “Scope of Work”. Additional qualifying policy conditions or special endorsements may be specified in the contract depending on the final “Scope of Work” agreed on by County and the successful Bidder. Insurance questions may be directed to the Department of Administrative Services-Purchasing for response from the County’s Risk Manager.

4. If the Bidder maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Bidder. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

5. If the Bidder uses Sub-Contractors or others to perform work under this contract, such Sub-Contractor or other persons shall be Named Insured or Additionally Insured to the Bidder’s required insurance coverage, or required by the Bidder to comply with equivalent insurance and conditions of this Section.

17. Qualification of Bidder

The County may make such investigation as it deems necessary to determine the ability of the Bidder to provide the services requested herein, and the Bidder shall furnish to the County all information and data for this purpose as the County may request. The County reserves the right to reject any bid should the evidence submitted by, or investigation of, the Bidder fail to satisfy the County that such Bidder is properly qualified to carry out the obligations of the bid and to complete the requirements contemplated therein.

18. Subcontracting

Any Bidder using a subcontractor(s) must clearly explain the use of the subcontractor(s) and list the name(s) and address(es) of the subcontractor(s) providing work under this bid (Attachment D). The successful Bidder will be fully responsible for all work performed under this bid and will be considered as the Prime Contractor. Any subcontracting, or other legal arrangements made by the Bidder are the sole responsibility of the bidder. Any contract that is entered into between the successful Bidder and the subcontractor(s) shall contain provisions for federal and state access to the books, documents, records, and inspection of work.

19. Default

In the event the successful Bidder who is awarded a purchase order and/or contract resulting from this bid shall be in breach or default, the County may procure the items/services from other sources and may deduct from any monies due, or that may thereafter become due to the successful Bidder, the difference between the price named in the purchase order and/or contract and actual cost thereof to the County. Prices paid by the County must be considered the prevailing market price at the time such purchase is made. These rights and remedies shall not be exclusive but in addition to any other rights and remedies provided by contract law. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Department of Administrative Services-Purchasing.

20. Cancellation of Purchase Order and/or Contract

The County may terminate any purchase order and/or contract derived from this bid as follows:

a. WITHOUT CAUSE at any time by giving thirty (30) calendar days written notice to the successful Bidder.

b. WITH CAUSE (Default) at any time by giving ten (10) calendar days written notice to the successful Bidder. Cancellation for cause shall be at the discretion of the Department of Administrative Services-Purchasing and shall be, but is not limited to, failure to supply the items, materials, equipment or services specified within the time allowed or within the terms, conditions or provisions of this bid.

The successful Bidder may not cancel any purchase order and/or contract derived from this bid, without prior written consent of the Department of Administrative Services-Purchasing.

21. Rejection of Bid

THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PART THEREOF, TO WAIVE ANY INFORMALITIES IN THE BID, AND ALSO TO WITHHOLD AWARD FOR A PERIOD OF NINETY (90) CALENDAR DAYS FROM DATE OF BID OPENING.

22. Nondiscrimination

a. During the performance of this bid, Bidder and any sub-contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Bidder and sub-contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Bidder and sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code and incorporated into this contract by reference and made a part hereof as if set forth in full.

b. Bidder and any sub-contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

c. Bidder shall include the nondiscrimination and compliance provisions of the clause in all subcontracts to perform work under the contract.

d. Bidder shall grant access by representative of the Department of Fair Employment and Housing and the County upon reasonable notice at any time during normal business hours, but in no case less than twenty-four (24) hours-notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or County shall require to ascertain compliance with this clause.

23. Non-discrimination of the Disabled

The County will not aid or perpetuate discrimination against a qualified disabled individual by funding as an agency, organization, or person that discriminates on the basis of handicap in providing aid, benefit, or service to beneficiaries of the program or activity. The County is committed to provide access to all County services, programs, and meetings open to the public for people with disabilities.

In this regard the County and all of its Bidders will take all reasonable steps to ensure that disabled individuals have the maximum opportunity for the same level of aid, benefit, or service as any other individual.

24. Governing Law and Venue

This bid, or any contract that may result from the award of this bid, shall be deemed to be made under, and shall be governed by and construed in accordance with, the laws of the state of . Any action brought to enforce the terms, or provision of this bid or any contract that may result from the award of this bid, shall have venue in the of , State of .

25. Taxes

Sales Tax should be shown separately on the bid form, when and where indicated. The County is exempt from Federal Excise Tax and should not be included in your bid. If the Bidder is outside California and collects sales tax, please state the amount as a separate item if the County is to remit the tax.

26. Samples

Samples of items, when required, must be furnished free of cost. Samples may be retained for future comparison. Samples which are not destroyed by testing or which are not retained for future comparison will be returned upon request at Bidder’s expense.

27. Liabilities

The Bidder shall hold the County, its officers, agents, servants, and employees, harmless from liability of any nature or kind because of use of any copyrighted, or un-copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this order, and agrees to defend, at its own expense, any and all actions brought against the County or Bidder because of the unauthorized use of such items.

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See Also

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