Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in article "Z" below, it shall indemnify, defend and hold
County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney's fees. Threshold Requirements for Prevailing Wages: Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. Wage Rates: Contractor shall post a copy of the wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained 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 workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the Clerk of the Board of Supervisors. Copies may be obtained at cost at the office of County's OC Public Works/OC Facilities & Asset Management/A&E Project Management or visit the website of the Department of Industrial Relations, Prevailing Wage Unit at www.dir.ca.gov/DLSR/PWD. The Contractor shall comply with the provisions of Sections 1774, 1775, 1776 and 1813 of the Labor Code. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies. Question Submission Deadline: July 17, 2024, 2:00pm All Questions For This Solicitation Must Be Submitted Via online. It Is The Bidder's Responsibility To Check Back Frequently For Any Addenda Or Other Information.) Prior To Submitting A Bid, Bidders Are Advised To Carefully Read The County Terms And Conditions (See Separate Attachment), Insurance Requirements, And The Model Contract Including Attachment A (Scope Of Work) And Attachment B (Payment/compensation Bidders Must Fill Out The Attached Bidder Certification And Company Profile And References Forms And Submit With Bid To Be Deemed Responsive. Bidders Must Have Been In Business For A Minimum Of Five (5) Years, Have Their Primary Shop Facility Located Within Sixty (60) Miles Of The Cuf And Have At Least Three (3) Active Service Agreements With Other Similiar Facilities To Be Deemed Responsive. The Bid Price(S) Shall Include All Fees, Shipping And Assembly. No Additional Compensation Will Be Allowed. Contractor Is Required To Pay Prevailing Wages For All Applicable Work Performed On County Property. Please See Attached Document ""Orange County District Attorney's Public Work Unit"" For Information On Prevailing Wages. All Questions Pertaining To This Invitation For Bid (Ifb) Must Be Submitted Through Opengov. Any County Response Relevant To This Ifb Other Than Through Or Approved By Oc Public Works/purchasing Is Unauthorized And Will Be Considered Invalid.The County Of Orange Board Of Supervisors Have Adopted Two Preference Policies That Help Local Small Businesses And Disabled Veteran Businesses In Acquiring Contracts With The County Of Orange: Orange County Local Small Business Preference Policy (Oclsb) And Disabled Veteran Business Enterprise Preference Policy (Dvbe). For More Information, Please See The Link Below: online. To Participate As An Oclsb And/or Dvbe Please Read And Follow The Process Outlined In Exhibit Titled "oclsb Dbve". Contractor Will Be Required To Sign A Contract Upon Award. If Contractor Is A Corporation, Signatures Will Be Provided In Accordance With The Corporations Code. Awarded Contractor Must Provide All Insurance Requirements Within Seven (7) Days Of Recommendation Of Award, But Prior To Official Contract Award.
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