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44 N. San Joaquin Street 209/468-3240 Suite 540 Fax: 209/468-3393 Stockton, CA 95202 Web Page Address: www.sjgov.org

SAN JOAQUIN COUNTY

PURCHASING AND SUPPORT SERVICES PURCHASING DIVISION

David M. Louis, C.P.M., CPPO, CPPB Director Jon Drake, C.P.M. Deputy Director

Date: July 9, 2010 To: All Prospective Offerors Subject: Request for Proposal 10-16 Courthouse NVR Camera System Ladies and Gentlemen: The County of San Joaquin is soliciting Request for Proposals (RFP) to provide and install a Network Video Recording (NVR) Camera System at the Courthouse in Stockton. Prospective Offerors are responsible for having full knowledge of this project and all issues affecting it. General information regarding the RFP, a sample contract and project description are included in this solicitation. Sealed responses are to be received no later than Friday, July 30, 2010 at 2:00 PM PDT. Please mark the returns with the Offerors name & number and the date and time of Proposal opening. This will not be a Public Opening. There will be a MANDATORY Pre-Proposal Conference scheduled for Tuesday, July 20, 2010 at 10:00 AM PDT (SHARP). The meeting is to be held at the San Joaquin County, Purchasing Department, 44 N San Joaquin Street, 5th Floor, Suite 544-Bid Room, Stockton, CA 95202. Prospective Offerors(s) will need to sign in for admittance. Not attending this conference will exclude you from bidding Late arrivals will not be admitted to the conference area. This will be your only opportunity for an on-site visit. Mail or deliver your response by the above date and time to the following address:

San Joaquin County Purchasing and Support Services

Administration Building 44 N. San Joaquin Street, Suite 540

Stockton, CA 95202 If you have any further questions, please contact me at (209) 468-3255. Sincerely, Ricardo Delatorre Deputy Purchasing Agent

REQUEST FOR PROPOSAL RFP # 10-16

COURTHOUSE NETWORK VIDEO RECORDING (NVR) CAMERA SYSTEM

Due Date:

FRIDAY, JULY 30, 2010

San Joaquin County Purchasing and Support Services

44 N. SAN JOAQUIN STREET, SUITE 540 Stockton, CA 95202

BUYER: Ricardo Delatorre, (209) 468-3255, [email protected];

Courthouse NVR Camera System RFP 10-16 Friday, July 30, 2010 Page 1 of 40

TABLE OF CONTENTS

DESCRIPTION PAGE

KEY ACTION EVENTS ................................................................................................................ 2 INTRODUCTION SHEET ............................................................................................................. 3 SCOPE OF PROJECT ................................................................................................................. 4 COST STRUCTURE PROPOSAL .............................................................................................. 10 COST STRUCTURE & BID BOND ............................................................................................ 11 GRADING CRITERIA ................................................................................................................. 12 GENERAL PROPOSAL REQUIREMENTS ............................................................................... 13 LOCAL VENDOR PREFERENCE CERTIFICATION ................................................................. 18 IDENTIFICATION SHEET .......................................................................................................... 19 REFERENCES ........................................................................................................................... 20 NON-COLLUSION AFFIDAVIT .................................................................................................. 21 SUBMITTAL OF PROPOSALS .................................................................................................. 22 PROPOSAL AUTHORIZATION SIGNATURE PAGE ................................................................ 23 ATTACHMENTS & EXHIBITS EXHIBIT “A” – Sample Contract/Terms and Conditions ....................................................... 24 NVR CAMERA SYSTEM PLAN SHEET ........................................................... See separate file.


KEY ACTION EVENTS AND DATES Listed below are the events and dates for this RFP. All dates are subject to revision. Event No. Description Date 1. Release of RFP Friday, July 9, 2010 2. Pre-Proposal Conference – Review of RFP 10:00 AM PDT, Tuesday, July 20, 2010 3. Last day for Offerors to submit questions in writing 12:00 PM PDT Thursday, July 22, 2010 4. Last day for County to answer questions in writing 5:00 PM PDT, Monday, July 26, 2010 5. Proposal is due no later than: 2:00 PM PDT, Friday, July 30, 2010 6. Estimated Initial Evaluation Completion Date WEEK OF August 2, 2010 7. Interview Selected Offerors (if applicable) TBD 8. Award TBD


INTRODUCTION SHEET The County of San Joaquin is soliciting Request for Proposals (RFP) for part of the first floor and basement area of the Courthouse located in Stockton, CA. Prospective Offerors are responsible for having full knowledge of this project and all issues affecting it. PURPOSE:

The County is seeking a qualified vendor to provide and install a Microsoft Windows based network video recording (NVR) camera system to record six (6) interior locations at the San Joaquin County Courthouse building, 222 East Weber Avenue, Stockton, California. Please see NVR Camera System Plan Sheet. A fundamental requirement by the County is that the NVR camera system is cost-effective, user-friendly, low maintenance, and expandable. Proposers are encouraged to present suggestions that they believe will simplify the project, result in lower costs in the performance of their work, and provide a readily usable NVR camera system. A qualified vendor shall provide all labor and materials to install the NVR camera system.

** MANDATORY PRE-PROPOSAL CONFERENCE ** There will be a MANDATORY Pre-Proposal Conference scheduled for Tuesday, July 20, 2010 at 10:00 AM PDT (SHARP). The meeting is to be held at the San Joaquin County, Purchasing Department, 44 N San Joaquin Street, 5th Floor, Suite 544-Bid Room, Stockton, CA 95202. Prospective Offerors(s) will need to sign in for admittance.

Late arrivals will not be admitted to the conference area.

This will be your only opportunity for an on-site visit.

Not attending this conference will exclude you from bidding


SCOPE OF PROJECT

Active Recording Schedules NVR camera system active recording to occur on the following standard weekly schedule:

Monday – 12:00 am to 8:00 am and 5:00 pm to 11:59 pm Tuesday – 12:00 am to 8:00 am and 5:00 pm to 11:59 pm Wednesday – 12:00 am to 8:00 am and 5:00 pm to 11:59 pm Thursday – 12:00 am to 8:00 am and 5:00 pm to 11:59 pm Friday – 12:00 am to 8:00 am and 5:00 pm to 11:59 pm Saturday – 12:00 am to 11:59 pm Sunday – 12:00 am to 11:59 pm

In addition to the standard weekly schedule, the NVR camera system active recording to occur on the following standard County holiday schedule:

New Years Day – 8:00 am to 5:00 pm Martin Luther King's Birthday – 8:00 am to 5:00 pm Washington's Birthday – 8:00 am to 5:00 pm Memorial Day – 8:00 am to 5:00 pm Independence Day – 8:00 am to 5:00 pm Labor Day – 8:00 am to 5:00 pm Veteran's Day – 8:00 am to 5:00 pm Thanksgiving Day – 8:00 am to 5:00 pm Day-After Thanksgiving Day – 8:00 am to 5:00 pm Christmas Day – 8:00 am to 5:00 pm

The NVR camera system shall automatically update active recording schedules from year to year, including leap years. The NVR camera system shall have the ability for authorized County users to modify standard active recording schedules from either the on-site computer located at the equipment location specified on the NVR Camera System Plan Sheet or from off-site locations via a web client. For instance, should the County enact a modified business hour schedule or implement furlough days, authorized County users will need to be able to readily modify the standard active recording schedules. Cameras The cameras shall have a minimum rating of 0.01 Lux and 1280 x 960 pixel (1 megapixel) resolution at twelve (12) frames per second. Cameras shall not be powered by batteries and shall include licenses for a minimum of ten (10) cameras. If wireless devices are proposed, range shall not exceed 75% of manufacturers’ recommended distances. Software The County requires software with motion activated recording capable of facial identification for forensic use; and not facial recognition. Several of the interior locations have minimal lighting from dusk until dawn and the NVR camera system’s recorded digital video resolution will be required to be sufficient to provide facial identification in these low lighting conditions.


Software shall record at a minimum resolution of 1280 x 960 pixel (1 megapixel) at three (3) frames per second during non-motion active recording schedules; and at a minimum resolution of 1280 x 960 pixel (1 megapixel) at twelve (12) frames per second when motion is detected during active recording schedules. Recorded video shall be stored in such a way that when capacity is reached, the oldest digital recordings shall be digitally recorded over first (first in, last out). Software shall include user authentication protocols, including assigned authorized County users and password authentication, for authorized County users to access the NVR camera system from either the on-site equipment location or from off-site locations via the web client. Software shall be capable of providing a minimum of two (2) classes of users; administrators with full access and guests with the ability to view and export video. For the purposes of proposing, the Proposer shall assume no more than ten (10) County users will be authorized to access the NVR camera system. Software shall have the ability to review recordings for investigative purposes only on-site. The NVR camera software shall have the ability for authorized County users to download recorded digital images for specific dates and time-frames, determined by the authorized County user, for permanent preservation to a CD, USB storage device, and DVD for playback on any standard personal computer or any standard DVD player. The NVR camera system software shall include the ability to automatically send notifications regarding system status to a customizable e-mail list. Notifications shall include, but not be limited to, the following: when video stream is lost, when software is malfunctioning, when the active recording is not functioning, and when any attempt is made by an un-authorized user to access the NVR camera system from either the on-site equipment location or via the web client. In addition to e-mail notifications, Proposers may also propose telephonic (hard line and/or cellular) notifications regarding system status for the County’s consideration and prior approval. For the purposes of proposing, the Proposer shall assume that the administrator class user shall receive these notifications. All NVR camera system software provided by the Proposer shall be owned by the County, shall not be proprietary in nature, and shall not be subject to any other additional costs for the use of the NVR camera system software. The software shall include the appropriate number of user licenses to support ten (10) County users authorized to access the NVR camera system. It is acknowledged by the County that future NVR camera system software upgrades may become available and, at the County’s sole discretion, the County may or may not purchase the NVR camera system software upgrades. Failure by the County to purchase a future NVR camera system software upgrade shall under no circumstances or any conditions make the originally installed NVR camera system software inoperable. All custom programming or data entry required to make the NVR camera system operational to the satisfaction of the County shall be performed by the Proposer or the Proposer’s subcontractor. Any source or custom programming code(s) shall be transferred and owned by the County and shall not be subject to any additional costs to the County. Storage The NVR camera system shall be comprised solely of SCSI storage devices and the capacity to store a minimum of four (4) weeks of digital recordings. Storage shall be structured such that when capacity is reached, the oldest digital recordings shall be digitally recorded over first (first in, last out).


Head-end Equipment The NVR camera system’s head-end equipment will be installed in the secure location proposed by the County as noted on the NVR Camera System Plan Sheet. In addition to the location identified by the County for the head-end equipment, Proposers may also propose one (1) alternate location for the NVR camera system’s head-end gear for the County’s consideration and prior approval. If the Proposer does propose a second alternate location for the head-end equipment, then the Proposer shall present specific details as part of their proposal as to why the Proposer believes that the second alternate location is preferred to the County’s proposed location. The NVR camera system shall be a stand-alone system and will not be connected to the County’s information technology backbone infrastructure or network. If wireless devices are proposed, range shall not exceed 75% of manufacturers’ recommended distances. The NVR camera system shall have the ability for authorized County users to access the system from off-site locations via a web client. One (1) dedicated DSL connection and one (1) dedicated analog connection will be provided by the County, at a specific location mutually agreed upon between the County and the Proposer, at the location identified for the NVR camera system head end equipment. Any additional connections shall be the responsibility of the contractor and if the Proposer does propose other connections for the County’s consideration and prior approval then the Proposer shall present specific details as part of their proposal as to why the Proposer believes that additional connections are necessary. The Proposer shall provide a computer and it shall be owned by the County. The computer shall serve as the location where the NVR camera system software will reside, software can be customized, and recorded events can be viewed. The computer shall have sufficient RAM and processing power to support the operation of the software as well as excess capacity for possible future software upgrades. The computer shall have sufficient hard drive capacity to store a minimum of four (4) weeks of digital recordings. The computer shall include all necessary peripheral devices including, but limited to, a monitor, keyboard, mouse, cables, patch cords, video cards, switches, modems, universal power supply, mounting hardware, racks, and incidental items to support the full operation of the NVR camera system. The computer shall include SCSI storage, a built-in CD/DVD reader-writer (burner) drive, multiple USB 3.0 ports, and built-in card reader that is Compact Flash, Micro drive I/II, SD, Smart Media, MMC-I, MMC-II, MS, MS-Pro, MS-DUO, MS-Pro DUO, and XD compatible. The County will provide a desk or work surface and task chair for the NVR camera system computer. Standards The NVR camera system must meet Open Network Video Interface Forum (ONVIF) standards. Warranty The Proposer will provide a minimum two (2) year installation warranty for labor and materials, starting from the date of County acceptance of the completely operational NVR camera system. If a manufacture’s warranties for any materials and equipment for the NVR camera


system exceed the County’s minimum warranty then the Proposer shall include this detailed information in their proposal. All warranty documentation shall be submitted to the County at the conclusion of the project. When any component of the NVR camera system is not operating during the two (2) installation warranty period, the Proposer will respond within no more than twenty-four (24) hours to repair and return the NVR camera system to normal operation. Asbestos As noted on the NVR Camera System Plan Sheet, areas where the NVR camera system may be installed may contain asbestos. Upon request, the County shall provide a copy of the asbestos report although it is the responsibility of the Proposer to do his due diligence and appropriate site condition investigations prior to submitting a proposal. In general, the County desires for the installation of the NVR camera system to not disturb any asbestos that may be present. The County prefers wired components in ceilings and walls but, with prior County approval, the County will accept some locations with minimal wire molding and/or secured wireless components. If the installation of the NVR camera system will disturb asbestos and require abatement, then it will be the responsibility of the contractor to perform the abatement work with duly licensed personnel and pay all costs including, but not limited to, disposal costs and related fees and permits. In addition, the contractor will be required to perform the abatement work only on dates and times approved by the County in advance of the work. If abatement work is necessary, then County will require the work to be performed by the contractor when the building is unoccupied such as weekends or during late evening and early morning hours. If abatement work is necessary, then all work performed by the contractor shall be performed in compliance with local, regional, State and Federal laws, regulations, and requirements. It is the County’s preference that the installation of the NVR camera system will not require abatement. The Proposer shall include detailed information in their proposal for how they intend to eliminate or minimize possible asbestos disturbance and abatement. Training The contractor shall provide two (2) one (1) hour on-site NVR camera system training sessions with County staff. The first training session shall occur when the NVR camera system is completely installed and fully function to instruct County staff in the operation of the NVR camera system. This first training session shall fully demonstrate the on-site operations of the NVR camera system as well as how to operate the system remotely via the Internet. A second training session will occur approximately one (1) month later, or at a date determined by the County, as a follow-up training session for any issues County staff may have encountered regarding the use of the NVR camera system. Operating Procedures and Manuals The contractor shall provide, in hard copy format and electronic format, the procedures for operating the NVR camera system. The operating procedures shall be concise, well organized, thorough, and clearly demonstrate how County staff can operate all functions of the NVR camera system.


As-Builts The contractor shall provide, in hard copy format and electronic format, the as-builts of the installed NVR camera system. CAD is preferred and in AutoCAD 2007 format. OPTIONAL – Post-Installation Technical Assistance At the County’s sole discretion, the County may desire additional technical assistance from the contractor after the installation of the NVR camera system. This would be work performed that is not covered under the original contract or covered under warranty. As a separate line item in the Proposer’s cost proposal, the Proposer shall list an hourly rate, inclusive of all charges such as travel, mileage, per diem, etc., for the Proposer to respond to the County within no more than twenty-four (24) hours after a request from the County for additional technical assistance. Prevailing Wage Pursuant to Prevailing Wage, Proposer shall pay Proposer’s employees and subcontractors the prevailing wage for work performed. Prevailing wage shall be as determined by the Director of the Department of Industrial Relations in accordance with the standards set forth in Section 1770 et seq. of the California Labor Code. County Provided Items a. One (1) dedicated DSL connection b. One (1) analog connection c. Desk or work surface and task chair for the NVR camera system head-end gear Schedule The timely completion of the various tasks outlined in this RFP is essential to assure the successful completion of the project. The contractor shall prepare a progress schedule clearly showing the various work tasks and the estimated time required for completion of each task. The schedule shall also show how the various tasks and activities relate to each other in terms of interdependence. If any materials or equipment proposed by the Proposer have long lead-times for purchase and delivery, the Proposer shall provide this information and include a brief discussion for how this relates to the schedule to complete the project. For purposes of Proposing, the following is the County’s desired schedule (assumes no abatement activities) for the installation of the NVR camera system:

If required, County issues Notice of Intent to Contractor for long-lead items Contractor starts work Friday, August 6, 2010 Substantial Completion Wednesday, August 11, 2010 Trouble-shooting and de-bugging Thursday and Friday, August 12 and 13, 2010 On-site NVR camera system training Week of August 16, 2010

The Proposer is encouraged to develop additional detail regarding the project schedule, suggest changes within the constraints of the duration and end dates and suggest changes for timely delivery and/or to reduce cost.


Customer References: A list of references in the last 5-7 years for this type of work will need to be provided as part of the proposal submission process. References will be chosen and contacted concerning the experience of installing NVR Camera System and related components by the Offerors. Certification of Contractors should include:

• California State Contractor’s License, C-10 or C-7. • Contractor shall be Factory Certified for Equipment Installation and Setup at the time

of proposal submission.

Successful Contractor’s responsibilities for all permits and other requirements will include and are not limited to the following:

• Permit to install (IF APPLICABLE) • Building Permit (IF APPLICABLE) • The Successful Bidder must provide all necessary drawings and any submittals

needed for permit application at their expense. • The Successful Bidder must provide all necessary drawings and any submittals

needed for County approval at their expense. • California State Contractor’s license C-10 or C-7 shall be submitted with Proposal


COST STRUCTURE PROPOSAL

COST PROPOSAL NOTE: This proposal will not be a Public Opening. Within the proposal, the Offeror must submit, in a separate, sealed envelope, information regarding cost and expense only. All other information must be included within the primary proposal document. Only those Offeror’s able to meet the requirements set forth herein will have their cost proposal opened and considered. When submitting cost information, Offeror’s must provide a detailed breakdown of all costs associated with the purchase of the equipment, materials, software, and labor. As an option Offeror must also submit Post Installation On-Site Technical Assistance (charged in 30 minute increments) As an option Offeror must also submit Post Installation Remote Technical Assistance (charged in 15 minute increments) Offeror must also submit their warranty program for labor and equipment as well as the manufacturer’s warranty information. Proposal must be valid for a period of sixty (60) working days. ________________________________ Signature of Authorized Agent


COST STRUCTURE & BID BOND

Having reviewed the contract documents and the site(s) of the work, Offeror hereby proposes to furnish all work, labor, materials, transportation, equipment and services necessary including State of California and local sales or use taxes, license or permit fees, if any, for the Courthouse NVR Camera System Project, for the sum of _________________________________ Dollars ($ ). Pricing shall be valid for a minimum of 60 working days from the date of RFP opening. Enclosed please find a ( ) Cash Deposit; ( ) Cashier’s Check, ( ) Certified Check, or ( ) Surety Bid Bond (Check as appropriate) of the (NAME OF SURETY IF BID BOND IS SUBMITTED) in an amount not to be less than ten percent (10%) of the amount of bid. If the enclosure is a check or bond, it is made payable to the County of San Joaquin. The undersigned agrees that the enclosed cash deposit, cashier’s check, certified or surety bond accompanying this bid, shall be left on deposit with the County Purchasing Agent, that its amount is the measure of the liquidated damages which the County of San Joaquin will sustain by the default of the undersigned through failure to execute and deliver the above agreement and any required bonds within ten (10) calendar days of written notice of the award of the contract and that the money or surety bond so deposited by the Contractor shall be collectible and become the property of the County of San Joaquin in case such default.


GRADING CRITERIA

Following the deadline for receipt of proposals, all proposals submitted will be analyzed and reviewed by a review panel consisting of representative(s) of the Capital Projects and Purchasing Departments. The RFP process, the County reserves the right to negotiate a contract based on all factors involved in the written proposal without further discussion or interview. Proposals will be evaluated for cost and compliance with all requirements set forth in this RFP, including timely submission and provision of all documents requested; and for the following minimum requirements: Proposal evaluation criteria will be as follows: Proposer’s capabilities, system capabilities/features, and references 10% Approach and work plan, including proposed equipment, materials, and software 25% Schedule 5% Cost proposal 60% Total 100% The cost proposal shall consist of a “not-to-exceed” cost quotation and will be used as a starting point for contract negotiations with the most preferred firm. The cost proposal must be valid for a period of sixty (60) working days. The County reserves the right to make such alterations to the scoring criteria as may be deemed necessary or advisable in connection with the implementation of the project. On the basis of the evaluation of the proposals, reference checks, and cost proposals, the San Joaquin County Purchasing and Support Services will then contact the most preferred firm and proceed to finalize a contract for execution. The County reserves the right to reject any and all proposals; and to waive any informality, technical defects, or clerical errors in any proposal, as the best interest of the County may require.


GENERAL PROPOSAL REQUIREMENTS 1. OFFERORS RESPONSIBILITIES

All procedures and services must be in compliance with all Federal, State, and County Local Laws and Regulations. The Contractor will be responsible for the following: A. Number of Response Copies to Submit:

Proposer shall submit FIVE (5) bound colored copies of their proposal. One copy must be marked “ORIGINAL” and the other copies marked “COPY” Proposals should be prepared simply and economically, providing straight forward and concise information. Emphasis should be on completeness and clarity of content. Proposals shall be limited to five (5) one-sided pages (8 ½ inches by 11 inches), inclusive of statement of qualifications, approach and work plan, schedule, and dividers, but excluding front and back covers, cost proposal, and equipment and software technical specifications. Proposal shall be single-spaced with a font no smaller than 12 point. The body of the proposal shall include, but not be limited to, the following minimum information:

• Proposer capabilities and qualifications, including any

subcontractors, manufactures’ certifications, and references • Approach and work plan • Schedule • Cost proposal (separate sealed envelope) • Equipment and software technical specifications

Technical specification sheets for all equipment and software proposed for the NVR camera system by the Proposer must be included in the proposal. Failure by the Proposer to provide this technical information can be deemed by the County, at the County’s sole discretion, as non-responsive. If discrepancies are found between the copies, or between the original and copy of copies, the original “ORIGINAL” will provide the basis for resolving such discrepancies. If one document is not clearly marked “ORIGINAL”, the County reserves the right to use the original as the Original. If no document ca be identified as an original, bearing original signatures, proposal may be rejected at the discretion of the County. Offerors are responsible for making certain their proposals are received by County Purchasing & Support Services on or before the Proposal Submittal Deadline. The receiving time in County Purchasing & Support Services will be the governing time for acceptability of proposals. No oral, telegraphic, electronic, facsimile, or telephone proposals or modifications will be considered.

2. SUBMITTAL FORMAT

A. Forms to be included in your response are listed below and are required in the following order: 1) Cover Letter 2) Identification Form


3) W-9 4) Contractor’s & Sub-Contractors Licenses / Certifications as required in

the RFP California State License (C-10 or C-7) 5) References Sheet 6) Cost proposal (sealed separate envelope) 7) Signed Addenda (if applicable) 8) Signed Non-Collusion Affidavit 9) Proposal Authorization Signature Page 10) Proposed Project Plan shall include capabilities, qualifications, including

any subcontractors, manufacturers’ certifications, references, approach, work plan, and schedule. Limited to five (5) pages.

11) Bid Bond 12) Local Vendor Preference Certification page

3. EVALUATION AND SELECTION PROCESS:

A selection committee will review and grade per grading criteria all written proposals that conform to the requirements outlined in this Request for Proposal. Those determined to be the best qualified may be invited for a interview to review proposal specifics and respond to questions at the County’s discretion.

4. SAN JOAQUIN COUNTY RESPONSIBILITIES A. Pre-Construction

1) Review and approve project implementation plan 2) Provide access to site 3) Use of existing communications links 4) Support needs identified by vendor

5. SPECIFICATION CHANGES

The County may, during the proposal period, advise the Offeror in writing of additions, omissions, or alterations in the specifications. Changes shall be included in the RFP and become part of the specifications as if originally submitted.

6. AMENDMENTS No one is authorized to amend this proposal in any respect, by an oral statement, or to make any representation or interpretation in conflict with the provisions of this RFP. If necessary, supplementary information in addendum form will be prepared and posted on the “Purchasing Open Bids” website. It is the Offeror’s responsibility to obtain, sign and submit all addendum(s) for the RFP at:

http://www.sjgov.org/supportserv/Control/PurchasingBids.asp

Failure of Offeror to not submit signed addendum(s) with their proposal shall be cause for rejection. Any exceptions taken to this RFP shall be clearly stated in writing.


7. RFP WITHDRAWAL

Any Offeror may withdraw their proposal, either personally or by written request, at any time prior to the date and time due.

8. RIGHT TO REJECT PROPOSALS

San Joaquin County reserves the right to reject any and all proposals, or any part of a proposal; to waive minor defects or technicalities; or to solicit new proposals on the same project or modified project, which may include portions of the original RFP document, as the County may deem necessary and in its best interest. False, incomplete or unresponsive statements in connection with a submitted proposal may be sufficient cause for rejection. The County will be the sole judge in making such determinations.

9. EXAMINE SPECIFICATIONS Offeror shall thoroughly examine and be familiar with the scope of work herein. Failure or omission of any Offeror to receive or examine any form, instrument, addendum or other document, or become acquainted with existing conditions, shall in no way relieve Offeror from any obligations with respect to Offeror’s offer or to the contract. Submission of a proposal shall be taken as prima facie evidence of compliance with this section.

10. SITE INSPECTION

Offerors shall have examined all work sites, and shall be responsible for having acquired full knowledge of the job and of all issues affecting it. No variations or allowances from the contract sum will be made because of lack of such examination.

11. ALL RFP DOCUMENTS PART OF FINAL CONTRACT Any RFP documents, letters and materials submitted by the Offeror shall be binding

and included as part of the final contract. Unauthorized conditions, limitations or provisions attached to proposals may cause its rejection.

12. EXCEPTIONS Any exceptions to this RFP must be stated in your proposal. It is otherwise assumed

that the wording within this document is acceptable and agreed to by the Offeror. 13. RESULTING CONTRACT Through the RFP process, the County reserves the right to negotiate a contract based

on all factors involved in the written proposal without further discussion or interview. The performance of the contract resulting from this proposal shall be governed,

construed and interpreted according to the laws of the State of California. Terms and Conditions of a resulting contract shall be those of Exhibit A “Sample

Contract”. Any contentions must be submitted with your RFP.


14. NOTICE Any notice, demand, request, consent approval or communication that either party

desires or is required to give the other party shall be in writing and either serviced personally or sent by pre-paid first-class mail, or the equivalent thereof by private carrier. Any such writing shall be addressed to County of San Joaquin, Purchasing Department, 44 N. San Joaquin Street, Suite 540, Stockton, CA, 95202, Attention: Ricardo Delatorre, RFP #10-16.

15. BASIS FOR EVALUATION AND SELECTION PROCESS

The responsiveness, competency and responsibility of Proposer and of their proposed subcontractors will be considered in making the award of contract. Any Proposer before being awarded a contract may be required to furnish evidence satisfactory to the County that Proposer and their proposed subcontractors have sufficient means and experience in the type of work called for to assure completion of the contract in a satisfactory manner. The County reserves the right to reject the proposal of any Proposer as not responsible and not qualified to do the particular work under consideration who have previously failed to perform properly or to complete on time contracts with the County of a nature similar to this project. Other factors that may be considered by the County to determine a responsible proposal and the overall capability of the Proposer to satisfactorily complete the work under consideration may include, but are not limited to: insufficient experience, experience on other public projects, experience doing the same type of work, length of tenure and capacity with bonding or insurance company, financial stability, and whether a Proposer has been terminated on other projects. A responsive proposal is one that meets all terms, conditions, and specifications of the RFP. The bid must comply with the content requirements of the RFP documents. The Proposer must perform and do what the RFP documents and contract required and said they must do, whether it be pricing in a certain way, attending a mandatory pre-bid conference, providing bonds, etc. Other examples where a proposal might be declared and found to be non-responsive include:

• Proposal is substantially incomplete • Proposal is not signed • Proposal is delivered late • No acknowledgement of critical addenda • Significant discrepancies appear in the response

A responsive proposal conforms to RFP specifications. However, a proposal which substantially conforms, though not strictly responsive, to a call for proposals may be accepted if the variance cannot have affected the amount of the proposal or given a Proposer an advantage or benefit not allowed other Proposers or, in other words, if the variance is inconsequential. The County reserves the right to reject any and all proposals or alternatives and waive any informality or irregularity in the proposals or in the bidding, and to determine responsiveness and responsibility of Proposer, including but not limited to those areas mentioned above. A selection committee will review and grade per grading criteria all written proposals that conform to the requirements outlined in this Request for Proposal. Those


determined to be the best qualified may be invited for a interview to review proposal specifics and respond to questions at the County’s discretion.

16. SAN JOAQUIN COUNTY GREEN PURCHAISNG POLICY

San Joaquin County has a Green Purchasing Policy, please click on the link to view.

http://www.sjgov.org/SupportServ/dynamic.aspx?id=10128 17. LOCAL VENDOR PREFERENCE The County of San Joaquin has a 5% local vendor preference; however the preference

shall not exceed $5,000.00 per bid. To qualify for this Local Vendor Preference, the “Local Vendor Preference Certification” page, included in this solicitation, must be signed and accompany each bid submittal. Click on the link below to view San Joaquin County’s Policy and Procedures.

http://www.sjgov.org/SupportServ/dynamic.aspx?id=10217


LOCAL VENDOR PREFERENCE CERTIFICATION

Consistent with San Joaquin County Local Vendor Preference Policy (2735), please provide the following qualification statements (if applicable):

1) Do you have a fixed office or distribution point located in and having a street address within San Joaquin County for at least one year? Post office box addresses do not qualify a business as a “local vendor.” Circle one: Yes No

a. If yes, provide address:

_______________________________________________________________

2) Do you have a current business license issued by San Joaquin County or a city in the County?

Circle one: Yes No

a. If yes, please attach a copy.

3) Do you employ as least one (1) full-time or two (2) part-time employees whose primary residence is located within San Joaquin County.

Circle one: Yes No Any person or business falsely claiming a preference under this policy shall be ineligible to bid on any County purchases or contracts for a period of one (1) year. The Purchasing Agent shall have the right to terminate all or any part of any contract entered into with such person or business.

(Authorized Signature) (Title) (Company Name)


IDENTIFICATION SHEET RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL Type or print the following information: Company: Address: (City) (State) (Zip) Name: Title: E-mail: Telephone: ( ) Fax: ( ) Years in business: Number of employees: Name of Insurance carriers: Public Liability: Expires: Workers’ Compensation: Expires:


REFERENCES

SIMILAR CONTRACTS/RFPS PERFORMED: List below contracts under which the Offeror has provided NVR Camera System during the past five to seven (5-7) years.

Offeror’s financial stability, technical and support capabilities will be verified through reference checking, which may include site visits and contact with other clients or vendors.

FIRM NAME: _______________________________________________________________

ADDRESS:_________________________________________________________________

PHONE NUMBER: CONTACT PERSON: _________________________________________________________ DATE OF CONTRACT: ___________________________through _____________________

FIRM NAME: _______________________________________________________________

ADDRESS: _________________________________________________________________

PHONE NUMBER: CONTACT PERSON: DATE OF CONTRACT: ___________________________through _____________________

FIRM NAME: _______________________________________________________________

ADDRESS:

PHONE NUMBER: CONTACT PERSON: _________________________________________________________ DATE OF CONTRACT: ___________________________through _____________________


NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In accordance with Title 23, United States Code Section 112, and Public Contract Code 7106, the bidder declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Offeror has not directly or indirectly induced or solicited any other offeror to submit a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Offeror or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Offeror has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Offeror or any other offeror, or to fix any overhead, profit or cost element of the proposal price, or of that of any other offeror, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the Offeror has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. NOTE: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on

the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

Offerors are cautioned that making a false certification may subject the

certifier to criminal prosecution. Offeror’s Signature ____________________________ Date ______________________


SUBMITTAL OF PROPOSALS

Sealed Proposals will be received at the Office of the Purchasing Agent at 44 N. San Joaquin Street, Stockton, CA, 95202, until 2:00 PM PDT, Friday, July 30, 2010. NOTE: This proposal will not be a Public Opening ALL PROPOSALS SHALL BE ADDRESSED AS FOLLOWS:

Request for Proposal 10-16 Purchasing Agent

County of San Joaquin 44 N. San Joaquin Street, Suite 540

Stockton, CA 95202

The Proposal envelope shall have stated thereon the name and address of the submitting Contractor.

PROPOSALS WILL NOT BE ACCEPTED AFTER 2:00 PM PDT, Friday, July 30, 2010. ALL PROPOSALS RECEIVED AFTER SAID TIME AND DATE WILL BE TIME-STAMPED AND RETURNED UNOPENED TO THE SUBMITTER.

THE COUNTY WILL NOT ACCEPT PROPOSAL RESPONSES SUBMITTED BY FAX OR EMAIL


PROPOSAL AUTHORIZATION

SIGNATURE PAGE

The undersigned, having carefully read and examined this RFP, and being familiar with (1) all the conditions applicable to the work for which this proposal is submitted; (2) with availability of the required equipment, materials and labor hereby agrees to provide everything necessary to complete the work for which this proposal is submitted in accordance with the proposal documents for the amounts quoted herein and further agrees that if this proposal is accepted, within five (5) days after the contract is presented for acceptance, will execute, and mail a signed contract to the County of San Joaquin Purchasing Agent.

duly This Signature/Authorization page must be in Section 1 of your Proposal. ___________________________________ __________________ Signature of Authorized Agent Date _________________________________ Printed Name of Authorized Agent


EXHIBIT A

“SAMPLE CONTRACT”


GENERAL CONSTRUCTION CONTRACT

SAN JOAQUIN COUNTY

AMOUNT: $___________________ PARTIES: COUNTY: County of San Joaquin Purchasing & Support Services 44 N. San Joaquin Street, Suite 540 Stockton, CA 95202 With copies to: County of San Joaquin _________________________ _________________________ _________________________ _________________________ CONTRACTOR: _________________________ _________________________ _________________________ This Agreement is made and entered into this __________day of____________, 2010 by and between a Construction CONTRACTOR (hereinafter “CONTRACTOR”), and San Joaquin County, a political subdivision of the State of California, through its Purchasing and Support Services Department, (hereinafter “COUNTY”).

ORDER OF PRECEDENCE

Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.

2. COUNTY Request for Proposal Number______________.

3. CONTRACTOR’S Proposal dated _____________________.


THE PARTIES AGREE AS FOLLOWS: Article 1 Intent It is the intent of the parties that the CONTRACTOR furnish a complete and finished job in all respects, as provided in the specifications that are attached and made a part of this Contract by reference, and that the CONTRACTOR shall do and finish everything called for or indicated in the specifications necessary in the fullest interpretation thereof to properly complete the job. Article 2 Quality of Materials/Work to be Performed

2.1 Materials

Materials, articles and equipment furnished by the CONTRACTOR, as requested by the COUNTY, shall be new and of the quality and kind indicated in the specifications. Pursuant to Public Contract Code Section 3400, the CONTRACTOR is authorized to request substitutions of equal materials, in which case the County Purchasing Agent shall be the sole judge as to such substitutions.

2.2 Quality of Work/Services

Every part of the work, as requested, shall be accomplished in a workmanlike manner, and agreed upon services shall be conducted promptly and completely.

2.3 Materials Warranty

The CONTRACTOR warrants that all materials and equipment furnished under this agreement will be new unless otherwise specified, and that all work will be of good quality and free from flaws and defects and in conformance with the plans and specifications. All work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective and may be rejected by the COUNTY.

2.4 Toxic and Hazardous Materials and Waste

CONTRACTOR shall not permit any unlawful release of any toxic or hazardous materials or waste into the atmosphere, soil, or groundwater in performing services under this Agreement. CONTRACTOR shall not incorporate any products or material into the work, which contains asbestos.

Article 3 Investigation of Site By executing the agreement, the CONTRACTOR represents that he/she has visited the site, familiarized himself/herself with the local conditions under which the work is to be performed, and correlated his observations with the requirements of the plans and specification, as applicable. Should concealed or unknown conditions be encountered in the performance of the agreed upon work, which conditions appear to CONTRACTOR to be at variance with the plans and specifications, the CONTRACTOR shall immediately seek a clarification from the Purchasing Agent who shall investigate the conditions and proceed in a way that is appropriate to the circumstances.


Article 4 Permits, Licenses, Ordinances and Regulations

4.1 Compliance Requirements

CONTRACTOR shall at their expense obtain all permits and licenses required to conduct the agreed upon work, and said work and/or services will be performed so that all laws, regulations and ordinances shall be obeyed

4.2 Violation of Laws, Regulations and Ordinances

The CONTRACTOR shall save harmless, defend and indemnify the COUNTY and all of its officers, agents, employees and volunteers against any liability or claim arising from or based upon the violation of any law, ordinance, regulation, order or decree, whether by theirselves, their agent, employee or their subcontractor or their agent or employee.

4.3 Notice Requirement

The CONTRACTOR shall give all notices as may be required by permits, licenses, etc., that may be required to commence, carry on, and complete the agreed upon services and/or work.

4.4 Prevailing Wages

Pursuant to Prevailing Wage, CONTRACTOR shall pay CONTRACTOR’S employees and subcontractors the prevailing wage for any and all construction and/or development related work performed in connection with this Agreement. CONTRACTOR shall indemnify, defend, hold harmless the COUNTY, its officers, agents, employees and volunteers from all fines, suits, procedures, claims, and actions of every kind, and all costs associated therewith arising out of or in any way connected with CONTRACTOR’S failure to pay prevailing wage. Prevailing wage shall be as determined by the Director of the Department of Industrial Relations in accordance with the standards set forth in Section 1770 et seq. of the Labor Code.

4.5 Apprentices

The CONTRACTOR (and subcontractors) is responsible to insure compliance and complete understanding of the law regarding apprentices, and specifically the required ration thereunder. Your attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. COUNTY encourages the employment and training of apprentices.


Article 5 Care of Site and Adjacent Premises The CONTRACTOR shall be held responsible for the care and preservation of the site on which the work/services are to be performed, and of adjacent premises and coterminous property as applicable to agreed upon work and/or services. Any parts of such premises injured, damaged or disturbed because of CONTRACTOR’S work shall be repaired, replaced or cleaned by their selves at their sole expense, and to the COUNTY’S complete satisfaction. Where property of the COUNTY is damaged, the Purchasing Agent may deduct from all payments due an amount sufficient to repair any and all such damages, or replace any such damaged property, if such replacement is deemed by him/her to be necessary. Article 6 Prevention of Accidents and Damage to Property The CONTRACTOR shall be fully responsible for accidents to the public and/or damage to public and private property on the site of the work, as provided in the plans and specifications. The CONTRACTOR shall provide and maintain such guards, fences, barriers, signs, red lights, watchman and other safety devices adjacent to and on the site as may be necessary to prevent accidents to the public and damage to property. At the end of the job, all signs, lights, barriers and other safety devices shall be removed from the job and the entire site left clean and orderly. Article 7 Clean-up of Site During the progress of the work, the CONTRACTOR shall keep his working area in a neat condition. He/She shall dispose of refuse, as often as directed or as may be necessary so that at no time shall there be any unsightly accumulation of debris or rubbish. Clean up shall include removal of all surplus material, debris and rubbish from the site. Article 8 Guarantees and Warranties

8.1 General Requirements

In addition to any guarantees otherwise required, the CONTRACTOR shall guarantee their work free from defects, material and workmanship for a period of one year from the date of acceptance by the Purchasing Agent, and shall agree to replace at their own expense, any said defect that may occur within that time. Such guarantee is in addition to, and not in lieu of the COUNTY’S rights to enforce this agreement in all respects, and the COUNTY’S right on all other guarantees and warranties that may be required by the plans and specifications.

8.2 Guarantees Not Waiver

By accepting the guarantees required herein, the COUNTY shall not be deemed

to have waived any warranty or buyer protection implied, required and/or provided by law, nor to have altered any applicable statute of limitations regarding enforcement of any right of the COUNTY created by this agreement or otherwise.


Article 9 Insurance

9.1 Requirements The CONTRACTOR shall not commence work until he has obtained all

insurance required under this article and the COUNTY has approved such insurance.

COUNTY, its officers, agents, employees and volunteers are to be named an

Additional Insured (by endorsement), except for Workers’ Compensation and Professional Liabilities and insurance policy shall contain provisions that such policy may not be canceled or reduced except after thirty (30) day written notice to the COUNTY.

Copies of insurance certificates and additional insured endorsements shall be

filed with the Purchasing Agent. 9.2 Liability Limits General Liability 1. BI & PD combined/occurrence $1,000,000 /aggregate $1,000,000 2. Personal Injury/aggregate $1,000,000

3. Automobile Liability Contractor agrees to defend, hold harmless and indemnify the COUNTY

for any and all liabilities associated with the use of any automobiles in relation to tasks associated with this Agreement.

Workers’ Compensation and Employer’s Liability Statutory requirement

9.3 Certification

In accepting any contract with the COUNTY, the CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code. “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provision before commencing the performance of the work of this contract.”


9.4 Performance and Payment Bonds

The CONTRACTOR shall furnish the COUNTY, within ten (10) days (or as otherwise specified) of the execution of this contract original separate surety bonds in the same form as the documents attached here to as Exhibit "A" & Exhibit “B”. (a) Faithful Performance Bond – Said bond shall be in an amount equal to

one hundred percent (100%) of the contract price, shall be for the faithful performance of the contract, shall be approved by the COUNTY, and shall be secured from a surety or sureties satisfactory to said COUNTY.

(b) Payment Bond for Public Work- The CONTRACTOR shall furnish an

original separate surety bond in an amount at least equal to one hundred percent (100%) of the contract price. This will be held as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney’s fee to be fixed by the court in case suit is brought upon the bond.

(c) Additional Security – The CONTRACTOR shall promptly furnish additional Security required to protect the COUNTY and persons supplying labor or material under this contract if:

(1) Any surety upon any bond furnished with this contract becomes Unacceptable to the COUNTY;

(2) Any surety fails to furnish reports on its financial condition as Required by the COUNTY; or

(3) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the COUNTY.

Article 10 Indemnification BIDDER shall, at its expense, defend, indemnify and hold harmless the County of San Joaquin and its employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and expenses from any claim or action, including without limitation for bodily injury or death, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of BIDDER, its employees, officers, agents or Subcontractors.

BIDDER shall hold the COUNTY, its officers and employees, harmless from liability, of any nature or kind on account of use of any copyrighted, or un-copyrighted composition, secret process, patented or un-patented invention articles or appliance furnished or used under this order.


Article 11 Discrimination CONTRACTOR shall not discriminate because of age, ancestry, color, creed, marital status, medical condition (cancer or genetic characteristics), national origin, physical or mental disability, political affiliation or belief, pregnancy, race, religion, sex (includes sexual harassment) and sexual orientation. Article 12 ADA Compliance CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. Sections 12101 et seq.) Article 13 Assignments Inasmuch as this Agreement is intended to secure the specialized services of the CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or subcontract their obligation herein without the prior written consent of San Joaquin County. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void. Article 14 Governing Law and Venue The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination. Article 15 Payment COUNTY shall pay CONTRACTOR for the work under this Agreement, an amount not to exceed ____________________________________________________________________________. CONTRACTOR shall submit one original and one copy of each invoice to San Joaquin County ______________________________________________. All invoices must reference the (Agreement # / Contract ID#) the service performed and the Federal Tax Payer Identification Number. Duplicate invoices shall be sent to the department to which services are provided. That department will approve completion of and payment for the work completed. Payment is to be made within thirty days after the COUNTY’S acceptance of the work performed. In the event that the work site and/or adjacent premises are damaged during the conduct of the work agreed to, or as otherwise deemed necessary to protect COUNTY interests as determined by the Purchasing Agent, a reasonable amount of any payment otherwise due may be withheld by the COUNTY until such time as satisfactory settlement is reached between all parties involved. The COUNTY shall withhold ten percent (10%) of progress payments until 35 days after notice recordation is filed.


Article 16 Termination The COUNTY may terminate this agreement if the CONTRACTOR violates any of the provisions of the plans and specifications or fails to perform the work within the specified time, and for any material breach by the CONTRACTOR. In such event, the CONTRACTOR will be compensated for services and/or work performed as of the day of such notification, less any amounts the COUNTY is entitled to withhold pursuant to Article 5 of these General Conditions. Article 17 Interpretation This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement. If any time period provided for in this Agreement ends on a day other than a Business Day, the time period shall be extended to the next Business Day. Article 18 Time for Completion CONTRACTOR shall complete all construction services under this Agreement on or before ( ) working days of notice to proceed. Article 19 Notice All Notices given under this contract shall be in writing. Such notices shall indicate the following: CONTRACTOR: NAME ADDRESS CITY, STATE, ZIP COUNTY: Purchasing Agent San Joaquin County Administration Building 44 N. San Joaquin Street, Suite 540 Stockton, CA 95202


Article 20 Subcontractors CONTRACTOR is fully responsible to COUNTY for the acts or omissions of subcontractors and of persons either directly or indirectly employed by or serving as agents to the subcontractors. Nothing contained herein shall establish a contractual relationship between COUNTY and CONTRACTOR’S subcontractors. All of the subcontractors that will perform work in excess of one-half of one percent of the total amount of the contract price and the general type of work subcontractors would be performing are listed below: (Attach additional sheet, if necessary, and note attachment on this page.)

#1 Firm Name: Address: Phone No: Work Type:




Article 21 Signature Certification By signing this Agreement, CONTRACTOR certifies under penalty of perjury that the CONTRACTOR has truly and correctly executed Attachment “C” to this Contract, which consists of the Public Contract Code, Section 10162, Questionnaire, the Public Contract, Section 10232, Statement, the Business and Professions Code, Section 702815, Statement, and the Noncollusion Affidavit and that CONTRACTOR has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). COUNTY OF SAN JOAQUIN a political subdivision of the State of California By ________________________________ By________________________________ CONTRACTOR David M. Louis, C.P.M., CPPO, CPPB Director, Purchasing and Support Services APPROVED AS TO FORM Office of County Counsel By________________________________ Gilberto Gutierrez Deputy County Counsel Buyer of Record:


SAMPLE CONTRACT EXHIBIT "A"

Original Performance Bond

Know all Men by These Presents: THAT WHEREAS, County of San Joaquin, has awarded to as principal, hereinafter designated as the "CONTRACTOR," a contract for the work described as follows: . AND WHEREAS, the CONTRACTOR is required to furnish a bond in connection with said contract guaranteeing the faithful performance thereof. NOW THEREFORE, we the undersigned CONTRACTOR and Surety, an admitted Surety insurer pursuant to Code of Civil Procedure Section 995.120, are held and firmly bound unto San Joaquin County, in the sum of _______________ ___________________________DOLLARS and 00/100 ($________________), to be paid to the said County of San Joaquin, its successors and assigns; for which payment, will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION of this obligation is such: That if the above CONTRACTOR, their 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 foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of San Joaquin its officers and agents, as therein stipulated, then this obligation shall become and be null and void, otherwise it shall be and remain in full force and virtue. And the said Surety, 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 there under, or the specifications accompanying the same, shall in any way affect its obligation 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. All terms and conditions as set forth in the General Conditions, as supplemented, to the contract are incorporated by reference and Surety acknowledges that it is bound thereby, including the disputes clauses(s) therein. In the event the COUNTY brings suit upon this bond and judgment is recovered, the Surety shall pay all costs incurred by above CONTRACTOR in such suit, including a reasonable attorney's fee to be fixed by the court.


IN WITNESS WHEREOF, we have hereunto set our hands and seals on this __________ day of ____________ 2010. ______________________________ ______________________________ ______________________________ ______________________________(Seal) Name of Surety ______________________________

CONTRACTOR

By: ____________________________ Attorney-in-fact


SAMPLE CONTRACT EXHIBIT "B"

Original Payment Bond

Know all Men by These Presents: THAT WHEREAS, County of San Joaquin, has awarded to as principal, hereinafter designated as the "CONTRACTOR," a contract for the work designated as the "CONTRACTOR," a contract for the work described as follows: . AND WHEREAS, the CONTRACTOR is required by the provisions of Chapter 7, Title 15, Part 4, Division 3, Section 3247 et seq., Civil Code, to furnish a bond in connection with said contract, as hereinafter set forth. NOW THEREFORE, we the undersigned CONTRACTOR and Surety, are held and firmly bound unto SAN JOAQUIN COUNTY for the sum of _______________________ ___________DOLLARS and 00/100 ($______________). Said sum being determined in accordance with the provisions of Section 3248 of the Civil Code, for which payment will and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of this obligation is such: That if the above CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or SUBCONTRACTOR’S, shall fail to pay any materials, provisions, provender or other supplies or teams, implements or machinery, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Code, the surety or sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond the said surety and/or sureties will pay a reasonable attorney's fee to be fixed by the court. This bond shall insure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, 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 the specifications accompanying the same shall in anyway 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 on this ____day of ______, 2010. ____________________________ ____________________________ ____________________________ _______________________(Seal) ____________________________ ____________________________

CONTRACTOR Name of Surety

By__________________________ Attorney-in-fact


SAMPLE CONTRACT EXHIBIT "C"

Regulations

10162. Disqualification, removal, etc. from federal, state or local government project; questionnaire; rejection of bid. The department shall require from all prospective bidders the completion, under penalty of perjury, of a standard form of questionnaire inquiring whether such prospective bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law of a safety regulation, and if so to explain the circumstances. A bid may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation. 10232. CONTRACTOR’S sworn statement; labor relations history; rescission of contract. Every contract shall contain a statement by which the CONTRACTOR swears under penalty that no more than one final, unappealable finding of contempt of court by a federal court had been issued against the CONTRACTOR within the immediately preceding two-year period because of the CONTRACTOR’S failure to comply with an order of the court which order the CONTRACTOR to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding that has been vacated, dismissed, or otherwise removed by the court because the CONTRACTOR has complied with the order that the CONTRACTOR falsely swears to the truth of the statement required by this section. 7028.15. License required to submit bid to public agency; Exceptions. (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in

the business or act in the capacity of a CONTRACTOR within this state without having a license therefore, except in any of the following cases:

(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public

Code or on any local agency project governed by Section 20103.5 of Public Contract Code.

(b) If a person has been previously convicted of the offense described in this section, the

court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the COUNTY jail for not less than 10 days nor more than six months, or both.

(c) This section shall not apply to a joint venture license, as required by Section 7029.1;

however, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure.


(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or

registered professional engineer to form joint ventures with licensed CONTRACTOR’S to render services within the scope of their respective practices.

(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a

CONTRACTOR who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the CONTRACTOR was properly licensed when the CONTRACTOR submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a CONTRACTOR who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citation shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a CONTRACTOR who is not licensed pursuant to this chapter is void.

(f) Any compliance or non-compliance with subdivision (e) of this section, as added by

Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.

(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or CONTRACTOR and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

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