Rev. 100225

COUNTY OF SANTA CLARA

INVITATION TO BID: ITB-PRC-FY26-0532

for

As-Needed HVAC Repair Services

ISSUE DATE: February 6, 2026

BIDS DUE:

February 25, 2026 prior to 3:00 PM PT

Procurement Officer Jayson Mampusti, Buyer III

(408) 491-7407 jayson.mampusti@prc.sccgov.org

PRE-BID CONFERENCE

Date: Tuesday, February 10, 2026; Time: 10:00 AM PT

Location: via MS Teams meeting mailto:jayson.mampusti@prc.sccgov.org

NOTICE TO BIDDERS

ITB-PRC-FY26-0532

TABLE OF CONTENTS

The following documents are attached hereto and are incorporated herein by reference. All

County-furnished forms and documents constitute the Invitation to Bid (“ITB”) package (“Bid

Documents”) and are the terms and conditions for any subsequent Contract Documents.

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

Also incorporated into this ITB as separate attachments and made part of the Bid Documents are the following:

COUNTY OF SANTA CLARA TERMS AND CONDITIONS FOR AGREEMENT FOR SERVICES

(LOT 1 – Facilities and Fleet Department (FAF); LOT 2 – County of Santa Clara Health System (CSCHS); LOT 3 – Parks and Recreation Department (PRK); LOT 4 – Roads and Airports Department (RDA)).

EXHIBIT A: COUNTY TERMS AND CONDITIONS

EXHIBIT A-1: GENERAL CONDITIONS

EXHIBIT B: PRICING AND COMPENSATION

EXHIBIT C: SCOPE OF WORK AND SPECIFICATIONS

EXHIBIT D: INSURANCE AND INDEMNITY REQUIREMENTS

EXHIBIT E: WORKS COMPENSATION STATEMENT

EXHIBIT F: PREVAILING WAGE STATEMENT

EXHIBIT G: PERFORMANCE BOND

EXHIBIT H: PAYMENT BOND

EXHIBIT I: STOP PAYMENT NOTICE INFORMATION

EXHIBIT J: COUNTY OF SANTA CLARA HOLIDAYS

EXHIBIT K: ESTIMATE AND INVOICE WORKBOOK

EXHIBIT L: SAMPLE INFECTION CONTROL PERMIT (LOT 2 - CSCHS ONLY)

EXHIBIT M: DESIGNATION OF SUBCONTRACTORS

EXHIBIT N: SECURITY REUQIREMENTS FOR DETENTION FACILITIES (LOT 1 – FAF

ONLY)

I. GENERAL

NOTICE IS HEREBY GIVEN that all Bids shall be submitted/uploaded to Biddingo prior to 3:00 PM PT on February 25, 2026 for As-Needed HVAC Repair Services, ITB-PRC-FY26-0532 in accordance with the Bid Documents on file for the Work outlined in this solicitation being issued by the Procurement Department (“Owner”). Bid Documents are available at:

https://biddingousa.com/santaclaracounty.

This Solicitation ITB-PRC-FY26-0532 seeks As-Needed HVAC Repair Services for four (4) separate Lots. Each Lot shall be separately evaluated and awarded to the Lowest Responsive Bidder for that specific Lot. In the event a bidder is the Lowest Responsive Bidder for multiple Lots, the County may, in its discretion, execute one contract with said bidder for multiple Lots, or separate contracts for each Lot.

The Lots consist of the following scope of work for the following County Departments:

1) Lot 1: As-Needed HVAC Repair Services for Facilities and Fleet Department (FAF)

2) Lot 2: As-Needed HVAC Repair Services for County of Santa Clara Health System (CSCHS)

3) Lot 3: As-Needed HVAC Repair Services for Parks and Recreation Department (PRK)

4) Lot 4: As-Needed HVAC Repair Services for Roads and Airports Department (RDA)

Bidding on Lots:

Bidders are not required to bid on all Lots and may choose to bid on one or more Lots, at their discretion. If a Bidder chooses to bid on multiple Lots, a separate Bid must be submitted for each Lot, as detailed below. Bidders must provide pricing for all items within each Lot for which they are submitting a Bid to be deemed responsive for that Lot.

Separate Bids Required:

If a Bidder bids on multiple Lots, the Bidder must submit a separate, complete Bid for each individual Lot as detailed below.

The Owner reserves the right to reject any or all bids and to waive any non-material informality or irregularity in the Bids or the bidding procedures.

A. Bid Due Date: February 25, 2026 prior to 3:00 PM PT

B. Pre-Bid Conference:

A Pre-Bid Conference will be held on February 10, 2026 at 10:00 AM PT. Bidders should become thoroughly familiar with the terms and conditions of the Bid Documents and local conditions affecting the performance and costs of the Work before attending this conference.

Attendance by the Bidder at the Pre-Bid Conference is:

☐ Mandatory

☒ Not Mandatory

Join the meeting now Meeting ID: 215 981 216 537 35 https://urldefense.com/v3/__https:/biddingousa.com/santaclaracounty__;!!P4LiPV1inDXhLQ!wtUM3UO0aTdVy60VSCvzA3ojEvccHC_NifRNLaZRDo1g8tT0mZlJCivIeO-BBV60TGloCcj1gxLCPgC0lF-VfBcTgA$ https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWExYzk4ZDItMWQ2MS00MjFhLTlmZGMtNmE4ZmEwMDg5MzUx%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d

Passcode: 8Xh2X86K https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWExYzk4ZDItMWQ2MS00MjFhLTlmZGMtNmE4ZmEwMDg5MzUx

%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-

017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d

Dial in by phone

+1 408-791-0743,,446077793# United States, San Jose

Find a local number

Phone conference ID: 446 077 793#

C. Pre-Bid Site Visit(s):

No Pre-Bid Site Visit has been scheduled for this solicitation. Bidders should fully review the Bid Documents in all particulars before submitting a bid.

D. Questions Due Date: If any person contemplating submitting a Bid is in doubt as to the intended meaning of any part of the Bid Documents, or finds discrepancies in, or omissions in the Bid Documents, that person must submit a written request for an interpretation or correction thereof to the Owner’s Authorized Representative on or before February 13, 2026 prior to 5:00 PM PT.

E. Bid Opening: The Director of Procurement Department, or designee, will open Bids at the time and place stated above, as amended by Addenda, if applicable. The opening of Bids shall be made available to the public via video teleconference on February 25, 2025 at 3:00 PM PT.

Bid opening results will be published at https://biddingousa.com/santaclaracounty.

Microsoft Teams Join the meeting now Meeting ID: 235 580 122 028 04 Passcode: KY7FF6TS https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkzNmQ2MjEtYmEyOC00M2JjLTkzYWQtMWJlNDhkYjUzMDMw%40th read.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d- 017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d

Dial in by phone +1 408-791-0743,,262911270# United States, San Jose Find a local number Phone conference ID: 262 911 270#

F. Bid Submission:

1. Exceptions to the Bid https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWExYzk4ZDItMWQ2MS00MjFhLTlmZGMtNmE4ZmEwMDg5MzUx%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWExYzk4ZDItMWQ2MS00MjFhLTlmZGMtNmE4ZmEwMDg5MzUx%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWExYzk4ZDItMWQ2MS00MjFhLTlmZGMtNmE4ZmEwMDg5MzUx%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWExYzk4ZDItMWQ2MS00MjFhLTlmZGMtNmE4ZmEwMDg5MzUx%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZWExYzk4ZDItMWQ2MS00MjFhLTlmZGMtNmE4ZmEwMDg5MzUx%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d tel:+14087910743,,446077793 https://dialin.teams.microsoft.com/f7d21f67-c5f0-4331-96a6-ae5aea5c9956?id=446077793 https://urldefense.com/v3/__https:/biddingousa.com/santaclaracounty__;!!P4LiPV1inDXhLQ!wtUM3UO0aTdVy60VSCvzA3ojEvccHC_NifRNLaZRDo1g8tT0mZlJCivIeO-BBV60TGloCcj1gxLCPgC0lF-VfBcTgA$ https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkzNmQ2MjEtYmEyOC00M2JjLTkzYWQtMWJlNDhkYjUzMDMw%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkzNmQ2MjEtYmEyOC00M2JjLTkzYWQtMWJlNDhkYjUzMDMw%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkzNmQ2MjEtYmEyOC00M2JjLTkzYWQtMWJlNDhkYjUzMDMw%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkzNmQ2MjEtYmEyOC00M2JjLTkzYWQtMWJlNDhkYjUzMDMw%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkzNmQ2MjEtYmEyOC00M2JjLTkzYWQtMWJlNDhkYjUzMDMw%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkzNmQ2MjEtYmEyOC00M2JjLTkzYWQtMWJlNDhkYjUzMDMw%40thread.v2/0?context=%7b%22Tid%22%3a%220ac3202f-c3e9-4f56-830d-017d09d16b3f%22%2c%22Oid%22%3a%22d536a13b-c1cc-4fa3-a3ec-bf037024f049%22%7d tel:+14087910743,,262911270 https://dialin.teams.microsoft.com/f7d21f67-c5f0-4331-96a6-ae5aea5c9956?id=262911270

Bidders should fully review the Bid Documents in all particulars before submitting a Bid.

The Owner will reject any Bid that is unqualified or that contains conditions or exceptions to the Bid.

2. Bid Response Package and Minimum Qualification Documents:

A. Bid Response Package. Bidders must use the Bid Response Package furnished by the County to submit a Bid. A Bid not submitted using the Bid Response Package will be considered a Non-Responsive Bid.

The Bid Response Package consists of the following six (6) sections, each of which must be filled out in its entirety.

▪ Section 1: Bid Response Pricing Form Template

▪ Section 2: Bidders Security Bond (Follow instructions on the Form)

▪ Section 3: Bidder’s Declarations

▪ Section 4: Workers’ Compensation Statement

▪ Section 5: Prevailing Wage Statement

▪ Section 6: Designation of Subcontractors

B. Minimum Qualification Documents: In addition to completing and submitting the Bid

Response Package, Bidders must submit applicable Minimum Qualification documentation. A Bid that does not submit applicable Minimum Qualification

Response Package will be considered a Non-Responsive Bid.

3. Bidder’s Security A. Each bid for each Lot for which a bid is being submitted must be accompanied by cash, a certified or cashier’s check, or a bond in the sum of not less than 10% of the total aggregate of the bid price, including all additive bid items.

B. The check or bond must be made payable to “The County of Santa Clara.”

C. When submitting a bond, a complete, executed original bid bond is required for a bid to be responsive. Bonds must be on Bidders Security Bond form provided in the Bid Response Package. Bonds require notarization, wet ink signature from the principal and surety, and power of attorney. Bonds must include a wet ink surety seal or embossed stamp on the Bidders Security Bond form and the power of attorney from the surety. Failure to provide a complete, executed original bid bond prior to the bid deadline, shall constitute a Non-Responsive Bid.

4. Bid Submission:

Bidders are responsible for ensuring that the Bid is received at the designated office before the specified due date. Bids submitted to the incorrect location or after the deadline will be returned or rejected.

i. Electronic Bid Submission

For Bids submitted electronically, Bidders must complete and upload a completed Bid Response Package, including the Bid Response Pricing Form, to Biddingo prior to the Bid Due Date.

ii. Paper Bid Submission

For Bids that are not submitted electronically, each Bid must be enclosed in a sealed envelope bearing the title of the Project, Project Number, the name of the Bidder and the date and time of the opening. Failure to do so may result in a premature opening of, or failure to open, such Bid. Bid Forms improperly marked may be disregarded. It is the Bidder’s responsibility to ensure that its

Bid is delivered to the Procurement Officer before the Bid Due Date.

G. Bid Response Pricing Form Template.

1. Bidders must submit pricing using the Bid Response Pricing Form Template, which may solicit unit prices or lump sum pricing. Bid price(s) must be in the manner required by the

Bid Form. Bidders are responsible for all costs that are expected to be incurred in the performance of the Work, including those itemized in the Bid Response Pricing Form

Template.

H. Minimum Qualification Documents: Bidder must possess and submit with its Bid Response

Package documentation demonstrating that Bidder meets each Minimum Qualification listed below. Failure to do so shall constitute a non-responsive Bid.

MQ # Minimum Qualification Document When Due

1 Completed Bid Response Package including cash, a certified or cashier’s check, or original Bid Security Bond equal to 10% of the Bid Amount.

Bid Due Date

2 Evidence that Contractor has at least five

(5) years of experience in the HVAC industry. Examples of evidence can include copies of contracts, invoices, including project size, targeting and specific to scope of work, x number of projects in last 5 years.

When deemed the Lowest Responsive Bidder

3 Possession of C-20 – Warm-Air Heating, Ventilating and Air-Conditioning Contractor, C-38 – Refrigeration Contractor. Contractor’s license issued by the Contractors State License Board, per Business and Professions Code section 7028.15.

Bid Due Date

4 Evidence that each of Contractor’s Subcontractors has at least five (5) years of experience in the HVAC industry.

Examples of evidence can include copies of contracts, invoices, including project size, targeting and specific to scope of work, x number of projects in last 5 years.

When deemed the Lowest Responsive Bidder

5 Evidence that Contractor has sufficient staffing to provide service at various locations throughout the County of Santa Clara. Examples of evidence can include Organizational Chart, Staffing Plan, and Past Performance Records.

When deemed the Lowest Responsive Bidder

6 Evidence that Contractor has sufficient vehicles to provide service at various locations throughout the County of Santa Clara. Examples of evidence can include Vehicle Registration and Insurance Records.

When deemed the Lowest Responsive Bidder

7 Lot 2 only: Evidence that Contractor has experience working with an Infection Prevention and Control Department in completing and processing an Infection Control Risk Assessment (ICRA) permit.

Examples of evidence can include copies of contracts and invoices.

When deemed the Lowest Responsive Bidder

8 Contractor must have the staffing capacity and resources to be available on call 24 hours a day, seven (7) days per week.

Contractor must respond and commence work within the response time required for each service call. See Exhibit G, Section VII (Service Call and Response Time) for details.

When deemed the Lowest Responsive Bidder

9 Payment Bond in the amount of 100% of the Bid Amount.

10 business days from date of the Notice of Award

10 Performance Bond in the amount of 100% of the Bid Amount.

10 business days from date of the Notice of Award

11 Insurance Certificate of Liability & Additional Insured Endorsement

10 business days from date of the Notice of Award

II. CONTRACT DURATION AND SUM

A contract awarded pursuant to this solicitation shall be for a period of one (1) year, with two (2) one-year options to extend at the sole discretion of the County for one additional year, unless terminated or otherwise amended. The total Contract Sum of each Lot shall not exceed the following amounts:

Lot 1 (FAF): $3,600,000. The Contract Sum is based on Owner’s estimated total spend during the Contract term of three years. Should the Owner’s actual spend exceed Owner’s estimated spend during the Contract term, Owner reserves the right to increase the Contract Sum in an amount equal to Owner’s anticipated need.

Lot 2 (CSCHS): $2,400,000. The Contract Sum is based on Owner’s estimated total spend during the Contract term of three years. Should the Owner’s actual spend exceed Owner’s estimated spend during the Contract term, Owner reserves the right to increase the Contract Sum in an amount equal to Owner’s anticipated need.

Lot 3 (PRK): $420,000. The Contract Sum is based on Owner’s estimated total spend during the Contract term of three years. Should the Owner’s actual spend exceed Owner’s estimated spend during the Contract term, Owner reserves the right to increase the Contract Sum in an amount equal to Owner’s anticipated need.

Lot 4 (RDA): $180,000. The Contract Sum is based on Owner’s estimated total spend during the Contract term of three years. Should the Owner’s actual spend exceed Owner’s estimated spend during the Contract term, Owner reserves the right to increase the Contract Sum in an amount equal to Owner’s anticipated need.

III. THE WORK

It is the intent of the County of Santa Clara – Procurement Department to establish an agreement with a contractor to perform the work as specified herein. See Exhibit C, Scope of Work and Specifications, for details.

IV. SUBCONTRACTING

Contractor may subcontract Work performed under this Contract in accordance with the terms set forth herein. Bidder shall designate subcontractors as required on the Designation of Subcontractors Form. Bidder’s attention is directed to the provisions of the Subletting and Subcontracting Fair Practices Act, related to reporting of subcontractors, and penalties for Contractor’s use of unauthorized subcontractors, or unauthorized subcontractor substitutions.

V. ERRORS OR DISCREPANCIES IN THE BIDS

The County reserves the right to reject any and all Bids and to waive any non-material errors or discrepancies in the Bids.

VI. PREVAILING WAGE REQUIREMENT; DIR REGISTRATION

The Work is subject to the payment of not less than prevailing wages under Labor Code section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 in order to submit a Bid. All subcontractors listed in the Bid proposal must also be registered with the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work, or perform work, on a public works project unless registered with the Department of Industrial Relations. Additional information regarding prevailing wage requirements is available upon request from the Office of the Clerk of the Board of Supervisors, or on the State of California Department of Industrial Relations website:

www.dir.ca.gov

VII. ENFORCEMENT OF LABOR LAW IN PUBLIC WORKS

The Labor Commissioner’s Office, also called the Division of Labor Standards Enforcement (“DLSE”), is part of the California Department of Industrial Relations. The Public Works Unit of the Labor Commissioner’s Office actively monitors public works projects and may investigate asserted violations.

Any member of the public can report an alleged violation of the state’s labor laws on a public works project to the Labor Commissioner’s Office. To learn more, visit the Labor Commissioner’s website:

www.dir.ca.gov/dlse/HowToFilePWComplaint.htm

The Labor Commissioner’s Office in the County of Santa Clara can also provide instruction on how to file a complaint and where a violation should be reported. The Labor Commissioner’s Office in the County of Santa Clara is located at the following address:

Divisions of Labor Standards Enforcement (“DLSE”) 100 Paseo de San Antonio, Room 120 San José, CA 95113 http://www.dir.ca.gov/ http://www.dir.ca.gov/dlse/HowToFilePWComplaint.htm

Phone: (408) 277-1266

VIII. BONDS AND INSURANCE

The successful Bidder must deliver a signed Agreement, Payment Bond, Performance Bond, and all required insurance documents to the Director of Procurement, or designee, for acceptance before Owner will execute the Agreement and issue a Notice to Proceed with the Work. No Contract exists until the Owner has accepted all Contract Bonds and insurance documents and signed the Agreement. All changes to the Contract Sum, Contract Time, or Contract Documents may be made without securing the consent of the Surety or Sureties on the Contract Bonds. Sureties must be California admitted sureties.

A. Payment Bond (Due 10 business days from date of the Notice of Award). As a condition to Owner signing the Agreement, a Payment Bond shall be provided to Owner no later than ten (10) days after the Notice of Award has been issued. The Payment Bond must be in an amount of 100% of the Contract Sum and shall insure to the benefit of persons performing labor or furnishing materials in connection with the Work. This bond must be maintained in full force and effect until all Work is completed and Accepted by Owner, and until all claims for materials and labor have been paid.

B. Performance Bond (Due 10 business days from date of the Notice to Award). As a condition to Owner signing the Agreement, a Performance Bond shall be provided to County no later than ten (10) days after the Notice of Award has been issued. The Performance Bond must be in an amount of 100% of the Contract Sum and must be so conditioned as to ensure the faithful performance by Contractor of all Work. It shall also include the replacing, or making acceptable, of any defective materials or faulty workmanship during the Guarantee period(s).

C. Insurance Certificate of Liability & Additional Insured Endorsement (Due 10 business days from date of the Notice of Award). Contractor shall be required to furnish to Owner, insurance documents evidencing coverage as required by Exhibit D Insurance and Indemnity Requirements.

INSTRUCTION TO BIDDERS

BID RESPONSE PACKAGE

INSTRUCTIONS TO BIDDERS

I. GENERAL

Bidders must examine these Instructions to Bidders carefully and respond to all requirements and conditions.

A. Bidders must be aware of the requirements of codes referenced in the Bid Documents.

B. Unless otherwise defined herein, all definitions of terms used in these Instructions to Bidders are set forth in Contract General Conditions.

II. COMPETENCE OF BIDDERS

A. Bidders must meet all qualification requirements contained in the Bid Documents.

B. Any Bidder may be required to furnish evidence satisfactory to Owner that the Bidder and its proposed Subcontractors have sufficient means and experience in the type of Work required to assure satisfactory completion of all the requirements of the Contract Documents.

III. COMPLIANCE WITH CONTRACTOR’S LICENSE LAWS

A. Bidder must possess the required classification of contractor's license, issued by the

Contractor’s State License Board, at the time the Bid is submitted (per Business and Professions Code section 7028.15). Bidder's name must be the same as listed on the Bidder's contractor's license issued by the Contractor's State License Board. If a Bidder does not possess the required contractor's license at the time a Bid is submitted, the Bid will be considered non-responsive and will be rejected by the Owner.

IV. PRIOR DISQUALIFICATIONS OR JUDGMENTS

A. Prior Disqualifications. 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 such Bidder, having been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local project because of a violation of a law or a safety regulation.

B. Prior Judgments, Decisions or Orders against Bidder.

1. Bidder must disclose to County any Final Judgments, issued in the 5 (five) years prior to executing an agreement pursuant to this solicitation, by a court, an investigatory government agency, arbiter, or arbitration panel, and (b) found that Contractor violated an applicable wage and hour law or pay equity law, or any violations issued by any government agency. Bidder shall further affirm that it has satisfied and complied with – or has reached agreement with the County regarding the manner in which it will satisfy – any such final judgments.

2. For purposes of this section, a “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel, and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing.

Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality Assurance.

V. EXAMINATION OF BID DOCUMENTS AND PROJECT SITE

A. The Bidder must carefully examine the site of the Work and Bid Documents.

B. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is fully aware of the conditions and difficulties that may be encountered in performing the Work, including the availability of labor and materials to be provided, of the character, quality and quantities of Work to be performed, and of the requirements of all Bid Documents.

C. No information derived from Bidder’s inspection of records of preliminary investigations made by Owner, or from the maps, drawings or Contract Documents relieve Contractor from any risk or from properly fulfilling all the terms of the Contract. Records of such preliminary investigations as may have been made by Owner may be inspected by contacting the Owner’s Project Manager identified in the Notice to Bidders.

VI. CLARIFICATIONS AND ADDENDA

A. Any interpretation, correction or changes to the Bid Documents shall be through the issuance of an Addendum distributed solely via Biddingo. Each Addendum shall be incorporated into the Notice to Bidders and accompanying Exhibits as though fully incorporated therein.

B. If any person contemplating submitting a Bid is in doubt as to the intended meaning of any part of the Bid Documents or finds discrepancies or omissions in the Bid Documents, that person must submit a written request for an interpretation or correction thereof to the Owner’s Authorized Representative on or before the Questions Due Date or no later than at least 3 calendar days before the deadline for receipt of Bids. Owner is not responsible for any explanation or interpretation of the Bid Documents not communicated to Bidders in an Addendum. Such Addendum shall become part of the Bid Documents.

VII. CONTRACTING PRINCIPLES

All Bidders are required to sign and submit with their Bid a completed Contracting Principles Declaration of Contractor, which has been included in the Bid Forms, which states that the successful Bidder will, during the Contract Time:

A. Comply with all applicable federal, state, and local rules, regulations, and laws, and;

B. Maintain financial records adequate to show that the County funds paid pursuant to the

Contract were used for purposes consistent with the terms of the Contract.

VIII. RESERVED

IX. WITHDRAWAL OF BID FORMS/RELIEF OF BIDDER

A. Any Bid may be withdrawn at any time before the time fixed in the Notice to Bidders for the opening of Bids only by written request of the Bidder or a duly authorized representative.

B. After the opening of Bids, Bids may not be changed and may only be withdrawn in accordance with the provisions of Public Contract Code sections 5100 through 5107.

C. To be relieved of the Bid, Bidder must give the Owner’s Authorized Representative written notice within five (5) business days, excluding Saturdays, Sundays, and holidays, after the opening of the Bids, of the mistake, demonstrating in the notice:

1. A mistake was made.

2. The mistake made the Bid materially different than the bidder intended it to be.

3. The mistake was made in filling out the Bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.

X. BID COLLUSION

A. More than one (1) Bid from an individual, firm, partnership, corporation, or combination thereof, as a principal, under the same or different names will not be considered.

B. Reasonable basis for believing that any individual, firm, partnership, corporation, or combination thereof is a principal in more than one (1) Bid for the Work contemplated may cause the rejection of all Bids in which such individual, firm, partnership, corporation, or combination thereof is a principal.

XI. ESTIMATED QUANTITIES

A. The quantities stated in a schedule of items for which unit prices are asked to be bid are approximate only.

B. The quantities are given as a basis for the comparison of Bids.

C. Owner does not, expressly or by implication, represent that the actual amount of Work will correspond with quantities given and reserves the right to increase or decrease the quantities of Work for any bid item, or to omit portions of the Work, as Owner may deem necessary or advisable.

XII. EXECUTION OF CONTRACT AGREEMENT

A. The Bidder to whom the Contract is Awarded by Owner must, within ten (10) calendar days after the Notice of Award, sign and deliver the following documents to the Owner on the form provided by Owner with these Bid Documents:

1. Executed Agreement form furnished by Owner in the Bid Documents;

2. The Performance Bond;

3. The Payment Bond for Public Works if bid price is above $25,000;

4. Insurance certificates and endorsements as required by the Bid Documents; and,

5. Executed Workers’ Compensation Certification.

B. Contractor shall not begin Work in advance of the start date for the Work, which will be stated in the Notice to Proceed. The Notice to Proceed shall be authorized by a Contract Release Purchase Order (CRPO).

XIII. FAILURE TO EXECUTE CONTRACT AGREEMENT

Failure of the successful Bidder to execute the Agreement in the form satisfactory to Owner is just cause for the annulment of the Award and the forfeiture of the Bidder’s Security Bond.

XIV. NO ORAL AGREEMENTS

No conversation with any officer, employee, agent or Consultant of Owner, either before, during, or after the execution of the Agreement, affects or modifies any terms or obligations contained in the Contract Documents, nor entitle Contractor to any adjustment in the Contract Time or Contract Sum whatsoever.

XV. BID PROTESTS

A. This protest procedure applies to all public works procurements, whether Invitation to Bid, Request for Proposals, Prequalification, or other form of competitive procurement, formal or informal. The words “Bid” and “Bidder” shall be interchangeable with “proposal and “proposer” respectively, as appropriate for the specific procurement. For all protests, a protest received on or after 5:00 p.m. shall be considered received as of the next business day. A business day does not include weekends or County observed holidays.

B. Only a person or entity who has submitted a Bid is eligible to lodge a protest. Bid protests will not be accepted from non-bidders, including, but not limited to, subcontractors, subconsultants, or other third parties. A Bidder may also not rely on the protest submitted by another Bidder but instead must timely pursue its own protest.

C. Protest Regarding the Legal Sufficiency of Procurement Documents and Process. Any protest (including supporting documentation) relating to the legal sufficiency of the procurement documents or the procurement solicitation process must be emailed so that it is received by the Owner’s Procurement Officer identified in the procurement documents before 5:00 p.m. of the 5th business day after the release of the solicitation. Any protest not received by the deadline or sent to any person other than Owner’s Project Manager, may be rejected or dismissed in Owner’s sole discretion. The protest must be in writing and state the specific legal authority establishing the deficiency in the procurement documents or procurement solicitation process. Any Bidder who fails to submit a timely protest subject to this provision shall be deemed to have waived any such protest. Owner may respond by any reasonable means, including, without limitation, by issuing an Addendum, issuing a letter to the protester, or canceling the procurement.

D. Protest of Owner Rejection of Bid as Non-Responsive or Bidder as non-responsible. If

Owner determines that the apparent lowest Bid(s) are non-responsive or the lowest Bidder(s) are non-responsible (after conducting a non-responsibility hearing or Bidder waiving any objection to a non-responsibility determination), Owner shall reject the Bid. Owner will notify the Bidder in writing that the Bid has been rejected and state the basis for the rejection. The rejected Bidder may protest Owner’s decision. The protest must be in writing and emailed to Owner’s Procurement Officer before 5:00 p.m. within 5 business days of the issuance of the rejection.

E. Protest Regarding Award. The Owner’s Project Manager or designee will send an email or otherwise provide an announcement to all Bidders informing each of the Bid(s) that was/were selected or deemed to be a finalist. The announcement may take any reasonable form in the Owner’s discretion, including, but not limited to, providing an email to Bidders, and/or posting results on Biddingo or other similar electronic bidding platform utilized by the County. A written protest regarding award, along with all supporting documentation, must be emailed to the Owner’s Procurement Officer listed in the procurement documents so that it is received before 5:00 p.m. on the 5th business day after the announcement of the award. Owner will not consider, and immediately dismiss, bid protests that are lodged before Owner issues the notice of intent to award, or notice of finalist(s). Any protest not received by the deadline or sent to any person other than the Owner’s Project Manager, may be rejected or dismissed by Owner in Owner’s sole discretion.

F. Contents of Protest

1. All protests lodged, regardless of basis, must conform to the following content requirements.

2. The protest must be in writing. The following must be written on the cover or subject line of the protest: “Protest Relating to [SOLICITATION NUMBER].” The written protest must contain the following information: (1) the name, street address, electronic mail address, and telephone and facsimile number of the protester; (2) signature of the protester or its representative; (3) clearly-stated grounds for the protest and supporting information that forms the basis of the protest, including the specific portions of the Bid Documents, plans, specification, bid proposal, and/or applicable law or regulation that was not complied with;

(4) copies of all relevant documents; and, (5) the form of relief requested. Protests should be concise and logically arranged. All documents submitted by the protester are public records subject to disclosure under the California Public Records Act.

3. The protester may not present any additional grounds or arguments after submission, unless requested by Owner. All protest documents shall be public records.

4. If a protest contends there was an error made by Owner officials or evaluation team members, a difference of opinion regarding the scoring or points to be awarded to a proposal in any or all categories does not constitute for protest purposes an error, an abuse of discretion or process, or misconduct.

G. Protest Resolution Process

1. Upon receipt of a timely protest, the department will attempt to informally resolve the protest. This will include providing a copy of the protest to the protested Bidder and request a response within a time frame set by Owner, typically 5 calendar days.

2. The director of the department or its designee overseeing the procurement will render its final decision in writing. The director or designee may, consistent with applicable law and in its sole discretion, use any available resources and information to resolve the protest.

The director or designee has the discretion to contact the protester, protested Bidder, schedule a meeting, or conduct an informal hearing.

H. Protest Remedies

1. In accordance with applicable law, Owner has no obligation to delay or otherwise postpone an award of contract based on a Bidder’s protest.

2. The remedies available pursuant to these procedures may include, but are not limited to, the reevaluation or the cancellation of a solicitation. However, no remedy may require Owner to execute a contract with any entity, which authority is solely reserved for the Board of Supervisors or an official with appropriate delegated authority.

3. The procedures and time limits set forth herein are mandatory and are each Bidder’s sole and exclusively remedy in the event of a protest. A Bidder’s failure to timely complete the procedures set forth herein shall be deemed a failure to exhaust administrative remedies.

Failure to exhaust administrative remedies, or failure to comply with the protest procedures, shall constitute a waiver of any right to further pursue a bid protest, including the filing of any claim or legal proceedings.

XVI. BASIS FOR AWARD OF CONTRACT

A. If the Owner elects to make an award, the Contract will be awarded to the “Responsible

Bidder” submitting the lowest responsive Bid pursuant to the Bid Form. “Responsible Bidder” (per Public Contract Code section 1103) is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.

B. Owner reserves the right to reject this Bid.

C. This Bid must remain open and not be withdrawn for a period of 60 calendar days from the date prescribed for its opening.

D. Wherever in this Bid an amount is stated in both words and figures, in case of discrepancy between words and figures, the words shall prevail.

E. If all or any portion of the Bid is required to be given in unit prices and totals, and a discrepancy exists between the unit price and the product of the unit price and quantity, the unit price shall prevail.

F. If the Bid is required to be given in individual bid item prices and a Total Base Bid price, and a discrepancy exists between the sum of the individual bid item prices and the Total Base Bid price so given, the sum of the individual bid item prices shall prevail.

G. Bidder certifies that it has thoroughly read and understands the Bid Documents and Addenda.

Bidder hereby incorporates by reference the Bid Documents and Addenda as though set out in full, and all provisions of the Notice to Bidders published by Owner pertaining to the Work described in this Bid.

H. California Public Contract Code Section 20103.8 prescribes how additive and/or deductive

Bid items are to be considered in Awarding a public contract. Whenever additive or deductive

Bid items are included in a Bid, the Notice to Bidders will specify the method to be used as the basis for determining the low Bid.

EXHIBIT A:

COUNTY TERMS AND CONDITIONS

EXHIBIT A: COUNTY TERMS AND CONDITIONS

COUNTY OF SANTA CLARA TERMS AND CONDITIONS

FOR AGREEMENT FOR SERVICES

This Agreement is entered into by and between the County of Santa Clara (“County” or “Owner”), a political subdivision of the State of California and [Contractor] (“Contractor”) (the “Agreement”) for HVAC Repair Services.

The work is a Public Work project as defined by California Labor Code 1720 and, as such, is subject to the payment of Prevailing Wages.

This work consists of construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, and/or other repair work involving a publicly owned, leased, or operated facility and, as such, is subject to Public Contract Code Section 22002.

The Agreement is effective [Month Day, Year] (“Effective Date”). The parties, intending to be bound, mutually agree as follows:

KEY PROVISIONS

AGREEMENT TITLE:

As-Needed HVAC Repair Services

AGREEMENT NUMBER:

[Agreement Number]

DIR PROJECT ID:

[DIR No.] TBD

PROCUREMENT METHOD:

Invitation to Bid issued on February 5, 2026 authorizing a contract with a not-to-exceed duration of one (1) year with two (2) one-year options to extend at the sole discretion of the County, unless terminated earlier or otherwise amended and a not-to-exceed amount, as set forth below.

INITIAL AWARD DATE:

[Month Day, Year]

AGREEMENT TERM:

This Agreement commences on [Month Day, Year] and expires [Month Day, Year] with County option to extend for one additional year, unless terminated earlier or otherwise amended.

COMMODITY NAME/CODE:

Construction Services / 91300

AUTHORIZED USER:

County of Santa Clara

COUNTY PROJECT

MANAGER(S):

The following County departments are authorized to issue Notices to Proceed (NTP) under this Agreement. Each NTP will identify the County department and project manager issuing the NTP.

1. Facilities and Fleet Department (FAF)

2. County of Santa Clara Health System (CSCHS)

3. Parks and Recreation Department (PRK)

4. Roads and Airport Department (RDA)

CONTRACTOR:

[Contractor] [Street address; City, CA zip]

CONTRACTOR CONTACT:

[Contractor Contact Name; Title; Phone, Email]

CONTRACTOR SUPPLIER #:

[Contractor Supplier Number]

PURPOSE:

To establish a contract with [Contractor] for As-Needed HVAC Repair Services

TAX STATUS:

Non-taxable Services and Taxable Goods

PAYMENT TERMS:

Net 30

TOTAL AGREEMENT VALUE:

The total not to exceed value of this Agreement is set forth below for each Lot. Contractor understands that this not to exceed value does not represent a commitment by the County to Contractor.

1. Lot 1 (FAF): $3,600,000

2. Lot 2 (CSCHS): $2,400,000

3. Lot 3 (PRK): $420,000

4. Lot 4 (RDA): $180,000

LIQUIDATED DAMAGES:

Liquidated Damages are $250 for each calendar day the Work remains incomplete beyond the Completion Date (increase as needed depending on project requirements).

COUNTY CONTRACT

ADMINISTRATORS:

Jayson Mampusti, Buyer III; (408) 491-7407 jayson.mampusti@prc.sccgov.org

Jonathan Cholula, Procurement Contracts Specialist

(408) 491-7407; jonathan.cholulai@prc.sccgov.org

REFERENCE: The following exhibits are incorporated and constitute a material part of the Agreement:

Exhibit A: County Terms and Conditions Exhibit A-1: General Conditions Exhibit B: Pricing and Compensation Schedule Exhibit C: Scope of Work and Specifications Exhibit D: Insurance and Indemnity Requirements Exhibit E: Workers’ Compensation Statement Exhibit F: Prevailing Wage Statement Exhibit G: Performance Bond Form Exhibit H: Payment Bond Form Exhibit I: Stop Payment Notice Information Exhibit J: County of Santa Clara Holidays mailto:jayson.mampusti@prc.sccgov.org mailto:jonathan.cholulai@prc.sccgov.org

Exhibit K: Estimate and Invoice Workbook Exhibit L: Sample Infection Control Permit Form (LOT 2 – CSCHS ONLY) Exhibit M: Designation of Subcontractors Exhibit N: Security Requirements for Detention

Facilities (LOT 1 - FAF ONLY)

COUNTERPARTS; ELECTRONIC/DIGITAL SIGNATURES

Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

By signing below, signatory warrants and represents that they executed this Agreement in their authorized capacity, that they have the authority to bind the entity listed below to contractual obligations, and that by their signature on this Agreement, the entity on behalf of which they acted, executed this Agreement.

COUNTY OF SANTA CLARA CONTRACTOR

Otto Lee, President Date Board of Supervisors

Signed and certified that a copy of this document has been delivered by electronic or other means to the President, Board of Supervisors.

ATTEST

Curtis Boone Date Clerk of the Board of Supervisors

APPROVED AS TO FORM AND LEGALITY

Michele A. Ellison Date Deputy County Counsel

By: ________________________________

Print: _______________________________

Title: _______________________________

Date: _______________________________

Contractor's License No.:

License Class:

License Expiration Date:

DIR Contractor’s Registration No.:

DIR Registration Expiration Date:

If this Agreement is signed outside of the State of California, a notarized acknowledgement is required.

I. BEGINNING OF WORK:

Owner’s Authorized Representative will issue a Notice to Proceed with the Work that will state the first day charged to the Contract Time.

II. LIQUIDATED DAMAGES

The Completion Date for the Project Work shall be as agreed upon by both parties, and as specified in the Work Order Request.

The Work may be commenced only after Owner’s issuance of the Notice to Proceed, issued by Owner’s Authorized Representative.

Owner and Contractor recognize that time is of the essence of this Agreement, and that Owner will suffer financial loss if the work is not fully complete within the time specified. Owner and Contractor further recognize the delays, expense, and difficulty in proving Owner’s losses, and accordingly, instead of requiring such proof, agree that Liquidated Damages shall be assessed in the amount of $250 for each calendar day the Work remains incomplete beyond the Completion Date.

Owner may withhold Liquidated Damages from payments to the Contractor as such damages accrue, or, at Owner’s discretion, withhold Liquidated Damages from any payments due, or that become due, pursuant to the Contract, including retention and final payment (pursuant to Government Code section 53069.85).

III. PREVAILING WAGES; APPRENTICESHIP

This Project is a public work, subject to Labor Code section 1771. The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement is that ascertained by the Director of the California Department of Industrial Relations (“DIR”), copies of which are on file with the Clerk of the Board of Supervisors; 70 West Hedding Street, East Wing, 10th Floor;

San José, California 95110. The Prevailing Rate Schedules will be made available to any interested party on request.

No Contractor or Subcontractor may perform Work under this Agreement without being registered with the DIR. Contractor represents and warrants that it is registered with the DIR. Contractor shall maintain its registration with the DIR throughout the course of the Work. Contractor is responsible for verifying that each Subcontractor, including any Subcontractor not listed on the Contractor’s proposal, is registered with the DIR at the time the Subcontractor performs Work. If any Subcontractor is not registered at the time the Subcontractor is to commence Work, Contractor shall require the Subcontractor to register with the DIR and may not permit the Subcontractor to commence Work until the Subcontractor’s registration is complete.

Contractor agrees to comply with all relevant provisions of the Labor Code, including but not limited to, the provisions of Labor Code section 1775 relating to the payment of prevailing wages, section 1777.5 relating to the employment of apprentices, and sections 1811 through 1815 relating to the payment of overtime. Failure to comply with the proper prevailing wage requirements may result in a penalty of up to $200 per day per worker. Failure to comply with apprenticeship requirements may result in a penalty between $100 and $300 for each calendar day of violation. Failure to pay proper overtime rate may result in a penalty of $25 per day per worker. Contractor shall comply with the payroll record requirements and apprentice requirements in the applicable sections of the Labor Code.

IV. COUNTY STANDARD TERMS

4.01. Budgetary Contingency

Performance and/or payment by County pursuant to this Agreement is contingent upon the appropriation by County of sufficient funds for deliverables covered by this Agreement.

If funding is reduced or deleted by County for services covered by this Agreement, County may, at its option and without penalty or liability, terminate this Agreement or offer an amendment to this Agreement indicating the reduced amount.

4.02. Merger and Acquisition

The terms of this Agreement will survive an acquisition, merger, divestiture, or other transfer of rights involving Contractor. In the event of an acquisition, merger, divestiture, or other transfer of rights Contractor must ensure that the acquiring entity or the new entity is legally required to:

Honor all the terms in this Agreement and any pre-acquisition or pre-merger Agreement between Contractor and County, including but not limited to 1) established pricing and fees; and 2) no price escalation.

Contractor shall provide Owner with 30 Days written notice to County following the closing of an acquisition, merger, divestiture, or other transfer of right involving Contractor.

4.03. Food and Beverage Standards

Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to…