Bid Notice.pdf

INVITATION FOR BID

FIRE EXTINGUISHER INSPECTION, MAINTENANCE, TESTING, REPAIR,

REPLACEMENT AND RELATED

26-266

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: October 6, 2026 DEADLINE FOR QUESTIONS: October 20, 2026

RESPONSE DEADLINE: November 10, 2026, 12:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/milpitas-ca

The City of Milpitas

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related

I. Notice Inviting Bids II. Introduction

III. Scope of Work IV. Vendor Questionnaire V. Pricing Proposal

VI. Bid Instructions VII. Terms & Conditions

Attachments:

A - IFB Submittal Forms to Complete B - Milpitas PO Terms and Conditions C - Insurance Requirements

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

I. Notice Inviting Bids

I.A Public Notice

Notice is hereby given that the City of Milpitas (“City”) will receive electronic bids for Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related until Tuesday, November 10, 2026 12:00 pm Pacific Time. Bids shall be valid for a minimum of 90 Days after the bid opening date.

Interested parties may obtain copies of this IFB through the Milpitas purchasing website at https://www.milpitas.gov/264/Bid-Opportunities or directly through OpenGov at https://procurement.opengov.com/portal/milpitas-ca.

All bidders must register on OpenGov to submit bid responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

It is the responsibility of each prospective bidder to download all bid documents for review before submitting a bid. Bids must be submitted on the City’s Bid Forms. Any Addenda will be posted on OpenGov. It is the sole responsibility of each prospective bidder to check OpenGov on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete bid submittals.

Solicitation information posted in OpenGov may change without notice to prospective bidders.

The final executed Contract Documents shall supersede any information posted or transmitted on OpenGov.

I.B No Pre-Bid Conference

A Pre-Bid Conference is not scheduled.

I.C Prevailing Wage

If applicable, pursuant to section 1770 et seq. of the California Labor Code, the Contractor and all subcontractors shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations and comply with all applicable Labor Code provisions, which include, but are not limited to the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. Also, pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266 subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the project. This project is also subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

I.D Minimum Qualifications

Required Licenses and Registrations

Each bidder shall be licensed in the following appropriate classification(s) for the work bid upon, and must maintain the license(s) and certification(s) throughout the duration of the Contract:

A. California State Fire Marshal License. Bidder shall possess a current and valid California State Fire Marshal (CSFM) Portable Fire Extinguisher Concern License authorizing the Bidder to perform portable fire extinguisher servicing.

B. Certified Service Technicians. All personnel who will perform fire extinguisher inspection, maintenance, servicing, repair, recharging, or testing services under the Contract shall possess a current and valid CSFM Certificate of Registration appropriate for the services they will perform.

C. California Department of Industrial Relations (DIR) Registration Bidder shall be registered with DIR, as required by applicable law.

I.E Contact Information

For further information regarding this IFB, please contact:

Michelle Broughton

Buyer mbroughton@milpitas.gov

II. Introduction

II.A Summary

The City of Milpitas is soliciting bids from qualified contractors in response to this Invitation for Bid (IFB) to provide scheduled and as-needed fire extinguisher inspection, maintenance, testing, repair, recharging, replacement, inventory, disposal, and other related parts, equipment, and services at 17 City service locations, including City facilities, fleet vehicles, and Fire vehicles, encompassing an estimated 485 fire extinguishers, for a five-year term. Services shall be performed in accordance with all applicable federal, state, and local laws, regulations, codes, and standards, including, but not limited to, the most-current applicable provisions of the California

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

Code of Regulations (CCR), Title 19, Division 1, Chapter 3, Regulations and Standards of the State Fire Marshal, applicable California State Fire Marshal (CSFM) requirements, and the manufacturer's applicable instructions and service requirements.

Minimum Qualifications: Contractor shall meet the following minimum qualifications established in this IFB and provide supporting documentation as required:

A. CSFM Portable Fire Extinguisher Concern License – Contractor shall possess and maintain a (CSFM) Portable Fire Extinguisher Concern License authorizing Contractor to perform portable fire extinguisher servicing.

B. CSFM Certificates of Registration – Personnel performing services shall possess and maintain the appropriate certificates required for the services performed.

C. California Department of Industrial Relations (DIR) Registration – Contractor shall have and maintain valid DIR registration, as required by applicable law. Services provided under this IFB are subject to applicable prevailing wage requirements.

Contractor shall be capable of providing required hydrostatic testing using appropriately licensed personnel and suitable testing equipment and facilities. Routine service requests require a response within 24 business hours, while emergency service requests require a response within four business hours. Contractor shall provide all labor, materials, supplies, parts, equipment, transportation, and other resources necessary to perform the required services.

See IFB, including attachments, for additional information.

II.B Timeline

All times shown are Pacific Time.

Release Date October 6, 2026

Question Submission Deadline October 20, 2026, 12:00pm

Bid Submission Deadline November 10, 2026, 12:00pm

III. Scope of Work

III.A Scope of Work

Overview

Contractor shall provide scheduled and as-requested inspection, maintenance, testing, repair, recharging, replacement, inventory, disposal and other related parts, equipment, and services services for City-owned portable fire extinguishers at various City facilities and for City fleet vehicles. Services shall be performed in accordance with all applicable federal, state, and local

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266 laws, regulations, codes, and standards, including the applicable provisions of the California Code of Regulations (CCR), Title 19, Division 1, Chapter 3, Regulations and Standards of the State Fire Marshal, applicable California State Fire Marshal (CSFM) requirements, and the manufacturer's applicable instructions and service requirements.

Contractor shall provide all labor, materials, supplies, parts, supervision, tools, equipment, transportation, and other resources necessary to perform the required services.

Contractor Requirements

A. Licensing and Certification. Contractor shall maintain a valid California State Fire Marshal (CSFM) Portable Fire Extinguisher Concern License for each applicable business location.

Personnel servicing portable fire extinguishers under the Contract shall maintain a valid CSFM Certificate of Registration appropriate for the services they perform. All licenses and certifications shall remain current throughout the term of the Agreement.

B. DIR Registration and Prevailing Wage. Contractor shall have and maintain current DIR Public Works Contractor Registration, as required by applicable law, throughout the term of the Agreement. Services provided under this Contract are subject to applicable prevailing wage requirements. Contractor shall comply with all applicable prevailing wage, payroll reporting, and other DIR requirements.

C. Uniforms. Contractor personnel working at or on City-owned or leased premises shall wear distinctive uniforms with the Contractor's name visibly affixed to the uniform.

D. Hydrostatic Testing. Contractor shall be capable of providing hydrostatic testing required under this Scope using appropriately licensed, certified, or otherwise authorized personnel and suitable testing equipment and facilities, as required by applicable law, regulation, and manufacturer requirements. Hydrostatic testing may be performed by the Contractor or by an appropriately licensed, certified, or otherwise authorized subcontractor, if applicable.

E. Subcontracting. Subcontracting is permitted only for hydrostatic testing. Any subcontractor performing hydrostatic testing shall maintain all licenses, certifications, approvals, registrations, and authorizations required to perform the applicable testing, including DIR registration and compliance with applicable prevailing wage requirements, if required by law.

Service Locations

Location No.

Service Location 2.5 lb.

Dry

Chemical

4 lb. Dry Chemical

5 lb. Dry Chemical

10 lb.

Dry

Chemical

15 lb.

Dry

Chemical

20 lb.

Dry

Chemical lb.

CO2

15 lb.

Halon

2.5 Gallon Water

2.5 gal.

Wet

Chemical (Class K)

Total Quantities by Location

1 City Hall 455 E.

Calaveras Blvd.

12 4 5 21

2 Community Center 457 E. Calaveras Blvd.

5 5

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

3 Senior Center 40 N.

Milpitas Blvd.

8 1 9

4 Public Works/ Police, Corp Yard

1265/75 N. Milpitas Blvd.

30 90 10 8 5 5 148

5 All Fleet Vehicles 189 189

6 Sports Center 1325 E.

Calaveras Blvd.

8 8

7 Library Garage 120 N. Main St.

14 14

8 Fire #1 777 S. Main St 16 1 1 18

9 Fire #2 1263 Yosemite Dr.

2 2

10 Fire #3 45 Midwick Dr.

2 2

11 Fire #4 775 Barber Lane

2 2

12 All Fire Vehicles 22 2 4 7 6 41

13 Ayer Pump Station 1429

E. Calaveras Blvd.

3 3

14 Gibraltar Pump Station 641

Gibraltar Ct.

2 3 1 1 7

15 Cracolice Bldg. 540 S. Able St.

7 7

16 Jose Higuera At N. Park Victoria & Wessex Place

2 2

17 Main Sewer Lift Station 1425

N. McCarthy Blvd.

8 8

Total Estimated Devices

2 30 393 7 15 13 13 6 6 1 486

The locations and vehicle categories identified above represent the City's current service requirements and may be modified during the term of the Contract, at the City's sole discretion, based on then current operational needs. The City may add, remove, or modify service locations and vehicles as necessary. The City does not guarantee any minimum quantity of services at any location or for any vehicle.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

Extinguisher Types

Contractor shall be capable of servicing, as applicable, the following types of portable fire extinguishers:

• Dry Chemical

• Carbon Dioxide (CO₂)

• Halon

• Water and Water-Based

• Wet Chemical Kitchen (Class K)

The City reserves the right to add or delete equipment during the term of the Contract, as necessary.

Annual Inspection and Maintenance

Contractor shall:

• Perform annual maintenance and associated inspection of City-owned portable fire extinguishers in accordance with applicable requirements.

• Perform the inspection, maintenance procedures, corrective actions, tagging, and documentation applicable to each extinguisher.

• Perform internal examination, disassembly, maintenance, or recharging when required based on the applicable service interval, extinguisher type, condition, manufacturer's requirements, or inspection findings.

• Ensure extinguishers are returned to a fully charged and operable condition following applicable service.

Periodic Internal Maintenance and Hydrostatic Testing

Contractor shall:

• Perform periodic internal maintenance and hydrostatic testing at the intervals applicable to each extinguisher based on its type, construction, markings, applicable regulations, manufacturer's requirements, and service history.

• Verify the applicable maintenance and hydrostatic-testing interval for each extinguisher before performing the required service.

• Perform an internal examination before hydrostatic testing when required by applicable requirements.

• Remove extinguishers from service when necessary for required maintenance, testing and replace, if necessary, upon City approval.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

• Where DOT-regulated cylinders or equipment are involved, comply with all applicable U.S. Department of Transportation requirements and maintain all required approvals, authorizations, and records.

• Maintain and provide, upon request, hydrostatic testing records identifying the date of test, person performing the test, and extinguisher serial number or other identifying information.

• When an extinguisher is removed from service, Contractor shall coordinate with designated City staff regarding temporary replacement or alternate protection, as applicable.

Inventory

During the first annual service cycle under the Contract , Contractor shall coordinate with City staff to verify and document, at a minimum, the following for each extinguisher:

• Location;

• Type and capacity;

• Condition;

• Mounting/bracket; and

• Manufacturer and model, where available.

Contractor shall identify deficiencies related to extinguisher type, capacity, quantity, mounting, labeling, accessibility, and location and provide recommendations to City staff.

Contractor shall provide the completed inventory in Excel format or another mutually agreed-upon format.

Contractor shall update the inventory annually for City facilities. City vehicle extinguishers shall be excluded from the annual facility inventory unless otherwise requested by the City.

Recharging, Repair, and Servicing

Contractor shall:

• Recharge, repair, and service extinguishers as needed based on inspection findings, applicable service intervals, condition, use, or other applicable requirements.

• Provide all labor, parts, materials, supplies, and equipment necessary to complete the service.

• Use manufacturer-recommended replacement parts or parts of equal quality, compatibility, and performance.

• Provide routine repair and replacement parts at the Contractor’s actual cost, with a markup not to exceed ten percent (10%).

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

• Provide a one-year warranty on recharge services performed under the Contract. The warranty shall cover defects attributable to the Contractor's workmanship or materials and shall not apply to damage, misuse, or other conditions unrelated to the Contractor's service.

• Provide an itemized invoice identifying the extinguisher serviced, work performed, parts and materials used, and applicable charges.

Offer to Return Replaced Parts. Contractor shall comply with applicable California State Fire Marshal requirements regarding the written offer to return replaced parts to the City, except where parts are required to be returned to the manufacturer under a warranty arrangement.

Service Tags

Contractor shall:

• Affix a service tag to each extinguisher following required inspection, maintenance, servicing, or recharge.

• Complete service tags with all information required by applicable requirements for the service performed.

• Replace damaged, missing, or illegible service tags when identified.

New Purchase or Replacement of Fire Extinguishers

Contractor shall:

• Perform scheduled replacement of fire extinguishers identified by the City in accordance with the applicable replacement schedule.

• Notify the designated City staff when an extinguisher requires replacement.

• Obtain prior written approval from the City before replacing an extinguisher when the estimated repair cost exceeds fifty percent (50%) of the cost for a new, equivalent extinguisher.

• Provide new and unused extinguishers suitable for the applicable hazard and installation.

• Install replacement extinguishers using manufacturer-authorized fixtures and brackets appropriate for the applicable building or vehicle installation.

• Provide per-unit pricing for new extinguishers, including delivery and mounting brackets, at the Contractor’s actual cost, with a markup not to exceed ten percent (10%).

Safety Data Sheets

Contractor shall:

• Provide the City with current Safety Data Sheets (SDS) for applicable extinguishing agents, chemicals, or other products supplied or used under the Contract.

• Provide SDS documentation to designated City staff upon request.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

Extinguisher Recalls

Contractor shall:

• Notify the City of manufacturer recalls, safety notices, or service advisories affecting City-owned extinguishers of which Contractor becomes aware.

• Identify affected extinguishers and provide recommendations for appropriate corrective action.

• Provide information regarding the disposition of recalled extinguishers when applicable.

As-Requested Response Times

Contractor shall:

• Respond to routine service requests within twenty-four (24) business hours of notification.

• Pick up equipment requiring off-site service within twenty-four (24) business hours of notification.

• Return equipment removed from City facilities for off-site service within ten (10) business days of pickup.

• Respond to emergency service requests within four (4) business hours of notification by City.

• Coordinate service activities with designated City staff to minimize disruption to City operations.

**For purposes of this Scope of Work, "business hours" means Monday through Friday, 8:00 a.m. through 5:00 p.m. Pacific Time, excluding City-observed holidays.

Disposal of Fire Extinguishers

Contractor shall:

• Dispose of extinguishers that have reached the end of their serviceable life or are otherwise determined to be unsuitable for continued use.

• Discharge and disassemble extinguishers prior to disposal when required by applicable requirements.

• Recycle or recover component parts and extinguishing agents when practicable and legally permitted.

• Handle Halon and other regulated extinguishing agents in accordance with all applicable federal and state recovery, handling, transportation, and disposal requirements.

• Provide disposal or recycling documentation upon request by City.

Records and Reports

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

Contractor shall:

• Maintain records of all services performed on City-owned portable fire extinguishers.

• Records shall identify, at a minimum, the following:

▪ Extinguisher identification/serial number or other unique identifier;

▪ Location;

▪ Type and capacity;

▪ Date of service;

▪ Service performed;

▪ Parts/materials provided;

▪ Testing performed;

▪ Hydrostatic test date, when applicable;

▪ Name/identification of person performing the hydrostatic test, when applicable;

▪ Deficiencies identified; and

▪ Corrective action taken.

• Provide completed service records and reports to designated City staff upon request.

Schedule of Services

Contractor shall:

• Coordinate annual inspections with designated City staff before each annual service cycle.

• Schedule periodic maintenance, hydrostatic testing, repairs, recharging, and other services based on the requirements applicable to each extinguisher.

• Provide advance notice of scheduled service dates.

• Complete assigned tasks by the deadline mutually agreed upon by the Contractor and City.

• Immediately notify appropriate City staff of any anticipated delay.

IV. Vendor Questionnaire

In order to be fully compliant with the requirements of this IFB, please respond to and provide the information noted below. Once submitted, the Bid and any supplementary documents become the property of the City.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

IV.A Bidder Contact Information * Please provide your full name, your title, direct phone number, email address, your firm's name, and today's date.

*Response required

IV.B Minimum Qualifications * Required Licenses and Registrations

Attach documentation and current certifications demonstrating compliance with the Minimum Qualifications for this bid.

A. California State Fire Marshal License. Bidder shall possess a current and valid California State Fire Marshal (CSFM) Portable Fire Extinguisher Concern License authorizing the Bidder to perform portable fire extinguisher servicing.

B. Certified Service Technicians. All personnel who will perform fire extinguisher inspection, maintenance, servicing, repair, recharging, or testing services under the Contract shall possess a current and valid CSFM Certificate of Registration appropriate for the services they will perform.

C. California Department of Industrial Relations (DIR) Registration. Bidder shall possess and maintain a current and valid DIR Public Works Contractor Registration, as required by applicable law.

Upload documentation demonstrating your compliance with the minimum qualifications required for this bid.

*Response required

IV.C Time is of the Essence* Time is of the essence for each and every provision of this solicitation and the resulting Agreement/Contract. Proposer confirms that is has thoroughly reviewed every requirement of this solicitation and the accompanying sample Agreement/Contract and will furnish all necessary documents outlined in this solicitation and its attachments. By confirming this question, you understand that failure to provide any and all additional documents requested by City, including, but not limited to, forms, subcontractor information, bonds, proof of insurance, etc. may result in the disqualification of your firm's proposal submittal.

☐ Please confirm

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

IV.D Acknowledgement of Addenda* Any bid response that does not acknowledge each and every addenda issued may be considered non-responsive. By confirming this prompt, you represent that you have seen and responded to all addenda to the IFB.

☐ Please confirm *Response required

IV.E Question and Answer Acknowledgement* By checking the "Yes" option, Bidder acknowledges they have reviewed the Questions and Answers on the OpenGov website pertaining to this IFB (if any).

☐ Yes

☐ No *Response required

IV.F Current W-9* Please upload your firm's current W-9 form here.

*Response required

IV.G Prior Contract Failure* Bidder MUST disclose any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Bidder or in which the Bidder has been judged guilty or liable.

If None, Bidder MUST state as follows: “Our firm has no prior or ongoing contract failures, civil or criminal litigation, or pending investigation.”

Failure to comply with this provision will disqualify your bid response.

*Response required

IV.H Certification of Bidder* Complete, sign, and upload your Certification of Bidder form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.I Local Purchasing Preference Certificate* Complete, sign, and upload your Local Purchasing Preference Certificate form here. See Attachment A - IFB Submittal Forms to Complete.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

IV.J Recycled Products Certificate* Complete, sign, and upload your Recycled Products Certificate form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.K Non-Collusion Declaration* Complete, sign, and upload your Non-Collusion Declaration form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.L Bidder's Statement Regarding Insurance Coverage* Complete, sign, and upload your Bidder's Statement Regarding Insurance Coverage form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.M Worker's Compensation Insurance Certification* Complete, sign, and upload your Worker's Compensation Insurance Certification form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.N Non-Discriminatory Employment Certificate* Complete, sign, and upload your Non-Discriminatory Employment Certificate form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.O Wage Theft Certification* Complete, sign, and upload your Wage Theft Certification form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.P Pricing Proposal Bidder shall complete and submit the Pricing Proposal identified in Section 5 – Pricing Proposal of this IFB.

V. Pricing Proposal

FIRE EXTINGUISHER INSPECTION, MAINTENANCE, TESTING, REPAIR, AND REPLACEMENT

SERVICES

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

Estimated Quantities: All quantities identified below are estimates only, provided for bid evaluation purposes, and are not guaranteed. Actual quantities and services may vary based on the City’s needs during the Agreement term. The City reserves the right to increase, decrease, add, or eliminate quantities and services as needed.

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Annual Maintenance/Inspection – All Extinguisher Types and Sizes

486 EACH

2 Periodic Internal Maintenance – 2.5 lb.

Dry Chemical

2 EACH

3 Periodic Internal Maintenance – 4 lb.

Dry Chemical

30 EACH

4 Periodic Internal Maintenance – 5 lb.

Dry Chemical

393 EACH

5 Periodic Internal Maintenance – 10 lb.

Dry Chemical

7 EACH

6 Periodic Internal Maintenance – 15 lb.

Dry Chemical

15 EACH

7 Periodic Internal Maintenance – 20 lb.

Dry Chemical

13 EACH

8 Periodic Internal Maintenance – 5 lb.

CO₂

13 EACH

9 Periodic Internal Maintenance – 15 lb.

Halon

6 EACH

10 Periodic Internal Maintenance – 2.5 gal Water

6 EACH

11 Periodic Internal Maintenance – 2.5 gal Wet Chemical Kitchen (Class K)

1 EACH

12 Hydrostatic Testing – 10 lb. Dry Chemical

7 EACH

13 Hydrostatic Testing – 15 lb. Dry Chemical

15 EACH

14 Hydrostatic Testing – 20 lb. Dry Chemical

13 EACH

15 Hydrostatic Testing – 5 lb. CO₂ 13 EACH

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

Line Item Description Quantity Unit of Measure

Unit Cost Total

16 Hydrostatic Testing – 15 lb. Halon 6 EACH

17 Hydrostatic Testing – 2.5 gal Water 6 EACH

18 Hydrostatic Testing – 2.5 gal Wet Chemical Kitchen (Class K)

1 EACH

19 New/Replacement – 2.5 lb. Dry Chemical

2 EACH

20 New/Replacement – 4 lb. Dry Chemical

30 EACH

21 New/Replacement – 5 lb. Dry Chemical

393 EACH

22 New/Replacement – 10 lb. Dry Chemical

7 EACH

23 New/Replacement – 15 lb. Dry Chemical

15 EACH

24 New/Replacement – 20 lb. Dry Chemical

13 EACH

25 New/Replacement – 5 lb. CO₂ 13 EACH

26 New/Replacement – 15 lb. Halon 6 EACH

27 New/Replacement – 2.5 gal Water 6 EACH

28 New/Replacement – 2.5 gal Wet Chemical Kitchen (Class K)

1 EACH

29 Disposal – All Extinguisher Types and Sizes

1 EACH

30 Recharge – All Extinguisher Types and Sizes

1 EACH

31 Repair Labor – All Extinguisher Types and Sizes

1 HOUR

32 Emergency Service Labor 1 HOUR

33 Emergency Service Call/Mobilization 1 CALL

TOTAL

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

REPAIR AND REPLACEMENT PARTS MARKUP

The percentage entered shall not exceed ten percent (10%) and shall apply to the Contractor’s actual cost for eligible repair and replacement parts.

Line Item Description Unit of Measure Percentage

1 Repair and Replacement Parts Markup (The percentage entered shall not exceed 10%).

PERCENT

VI. Bid Instructions

VI.A Bid Submittal

A. Bids must be submitted via OpenGov, the City's electronic bid management system (https://procurement.opengov.com/portal/milpitas-ca). No other method of submitting bids will be accepted. Bidders may not submit bids by fax, email, telephone, or other means. Any bids received through any other means than OpenGov will be returned unopened.

B. Submittal Deadline. Bids must be uploaded to and submitted on the OpenGov website by the specified Submittal Deadline. Bidders are solely responsible for the on time submission of their electronic Bid. Failure of the Bidder to successfully submit an electronic Bid by the Submittal Deadline shall be the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids.

C. Responsibility. Bidder is solely responsible for ensuring its bid is successfully uploaded and submitted in accordance with the IFB requirements before the Submittal Deadline. The City shall not be responsible for any delays in transmission or errors in your submitted response. Bids must be uploaded in Microsoft Word, Excel or Adobe PDF format only, using as few files as possible. Do not wait until the last minute to upload files and submit your bid response as delays can occur. In the event that there is a problem uploading documents or submitting your bid, please contact OpenGov support for assistance at https://opengov.my.site.com/support/s/contactsupport, Chat: http://support.opengov.com, Email: support@opengov.com, or Phone: (650) 336- 7167. Neither the City nor OpenGov make any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission date and/or time.

D. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City to do so.

E. Forms. To be considered for award, each Bid shall be made on forms furnished by the City in this IFB.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

F. Late Bids. The Submittal Deadline is absolute. Bids will not be accepted after the Submittal Deadline.

G. Signature. To be considered for award, each Bid shall be signed by an authorized representative of the Bidder.

H. Registration: All Bidders must register on OpenGov to submit solicitation responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

VI.B Withdrawal of Bid

Bidder’s authorized representative may only withdraw bids through the OpenGov website prior to the Submittal Deadline.

VI.C Examination of Contract Documents

Bidders shall be solely responsible for examining the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders shall be solely responsible for their failure to examine the documents.

The submission of a Bid shall constitute an acknowledgment upon which the City may rely that the Bidder has thoroughly examined and is familiar with the Contract Documents. Bids shall include complete compensation for all work to be performed under the Contract Documents.

VI.D Interpretation of Contract Documents

Discrepancies in, and/or omissions from the Contract Documents or questions as to the meaning of any part thereof shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction. Any such submission must be sent through the OpenGov website using the solicitation Questions and Answers portal. Questions sent directly to City Staff will not be addressed, and you will be directed to submit your question(s) online. Questions related to this solicitation may not be asked via any other method.

To submit a question/request for clarification: 1) Log into the OpenGov website; 2) click on the title of the solicitation and the solicitation page will open up; 3) find the Question/Answer tab;

and 4) type in your question or request for clarification.

See the Timeline in the Introduction Section of this IFB for the Question Submission Deadline.

All questions issued by the City shall be included in the bid and made part of the Contract Documents. All questions will be answered by the City through OpenGov. Please Note: Bidders

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266 are responsible for ensuring that they have received any and all questions. Each Bidder should check OpenGov to verify that it has reviewed all questions and answers, if any, prior to the bid submittal deadline.

Any bid submitted that does not acknowledge each and every question issued will be considered non-responsive. Questions, if any, must be acknowledged on the IFB Vendor Questionnaire.

Questions and the City's corresponding Answers are considered Addenda to the solicitation.

VI.E Addenda

Any interpretation of the Contract Documents will be made only by written addenda from the City, which will be posted on the OpenGov website. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in these Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.

The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Copies of addenda will be issued by the City through OpenGov. It is the responsibility of each Bidder to ensure that they have registered on OpenGov to receive all notifications. Each bidder should check OpenGov to verify that it has received all addenda issued, if any, prior to the bid opening.

Any bid submitted that does not acknowledge each and every addenda issued will be considered non-responsive. Addenda, if any, must be acknowledged through the IFB Vendor Questionnaire.

VI.F Completion of Bid Response

Bids shall only be prepared using copies of the Bid Forms provided in Attachment A. The use of Bid Forms other than those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Deviations in the Bid Forms may result in the bid being deemed non-responsive.

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic, and electronic modifications will not be considered.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

VI.G Local Purchasing Preference

Pursuant to Section I-2-3.15 “Local Purchasing Preference” of the City Municipal Code, the City grants preference to a local provider who submits a bid within ten percent (10%) of the lowest responsible bidder and who is otherwise responsive and responsible to the invitation for bids, which preference shall allow the local provider the opportunity to reduce its bid to an amount equal to the amount of the lowest responsible bid, if the lowest responsible bid is submitted by other than an Eligible Local Provider. In the event an Eligible Local Provider reduces its bid to the amount of the lowest responsible bid, the Eligible Local Provider shall be deemed to have provided the lowest responsible bid and shall be awarded the contract.

All Bidders must complete the Local Purchasing Preference Certificate included in Attachment A.

The local provider shall certify under penalty of perjury, as a part of its bid and using the form provided by the City, that the Bidder qualifies as a local provider. The purchasing preference shall be waived if the Local Preference Certification form is not submitted with the respective bid.

VI.H Piggyback Clause

It is intended that any other public agency be permitted to purchase under the terms submitted in response to this procurement. By submitting a Bid, the Bidder acknowledges and agrees that, to the extent permitted by law, and during the period in which the applicable contract is in effect (including, without limitation any extensions thereto), other public agencies shall be permitted to makes purchases under the same terms and conditions set forth in the resulting contract with the successful Bidder.

To the extent other public agencies elect to “piggyback” on the contract or the City's competitive solicitation process, the City shall have no liability whatsoever in connection with any orders submitted to the successful Bidder by such other public agencies and, in each case, any and all liabilities associated with a piggyback order shall be the sole responsibility of the successful Bidder and the public agency that submitted the order to the successful Bidder.

VI.I Recycled Product Procurement

The City is committed to the conservation and protection of state and local resources, therefore:

A. For all paper materials of any kind delivered to the City, by a contractor, supplier, or consultant, whether in the form of a product such as a cup or a deliverable such as a report, shall use recycled paper that bears an imprint identifying the recycled content of the paper as not less than the thirty percent (30%) post-consumer fiber as specified in Section 12209 of the Public Contract Code. A product such as a cup may have the identifying logo and/or language on the packaging, while a deliverable such as a report shall have the identifying logo on the first page. This shall apply for all paper materials delivered to the city whenever practicable.

B. Contractors and consultants shall use both sides of paper sheets whenever practicable.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

C. The Purchasing Agent shall provide to the suppliers of recycled products a preference of ten percent (10%) of the lowest bid or price quoted by suppliers of non-recycled products.

Suppliers claiming the recycled products preference must complete the Recycled Products Certification and certify in writing the minimum, if not exact, percentage of postconsumer materials in the products or supplies offered or sold to the City. Such recycled products must meet any performance standards as specified in the solicitation.

VI.J Taxes

Successful Bidder shall pay all federal, state and local taxes, levies, duties, and assessments of every nature due in connection with any work under the contract and shall indemnify and hold harmless the City from any liability on account of any and all such taxes, levies, duties, assessments and deductions. Bid prices shall include said taxes.

VI.K Award of Contract; Basis of Award

The City shall award the bid to the lowest responsive and responsible Bidder. The City reserves the right to accept or reject any and all bids. The City will award on the basis of the total bid. The determination of the lowest bid shall be based on the base bid alone

VI.L Execution of Contract

Prior to contract execution, the awarded Bidder will deliver to the City all certificates, evidence of insurance, and bonds (if applicable) required by the Contract Documents within fifteen (15) days after receipt of the City's Notice of Award. Failure to do so shall be just cause for annulment of the award.

VI.M Rejection of Bids and Waiver of Informalities

The City of Milpitas reserves the right to waive any immaterial informalities or irregularities, to reject any bid, all bids, or any part of any bid presented and re-advertise for bids. The City reserves the right to cancel this solicitation and make no award. The City of Milpitas reserves the right to reject the Bid of any Bidder who previously failed to perform adequately for the City of Milpitas or any other governmental agency. The City of Milpitas expressly reserves the right to reject the Bid of any Bidder who is in default on the payment of taxes, licenses, or other monies due to the City of Milpitas.

VI.N Authority of the City of Milpitas

Subject to the power and authority of the City of Milpitas as provided by law in this contract, the City of Milpitas shall in all cases determine the quantity, quality, and acceptability of the work, materials, and supplies for which payment is to be made under this contract. The City of Milpitas

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266 shall decide the questions that may arise relative to the fulfillment of the contract or the obligations of the contractor hereunder.

VI.O Laws Governing Contract

Any contract issued as a result of this solicitation shall be in accordance with the laws of the State of California. The parties stipulate that this contract was entered into in Santa Clara County, in the State of California. The parties further stipulate that Santa Clara County, California, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from.

VI.P Protest Procedure

Should any Bidder wish to protest the award for this IFB to the lowest responsive and responsive Bidder(s), such protest should be submitted in writing to the designated Purchasing Contact for this solicitation. All protests received will be filed and adjudicated in compliance with the City Municipal Code Section “I-2-3.19– Protest Procedure”.

VI.Q Authorized Distributor

Bidders must be the authorized distributor for the product they offer, or must submit documentation from an authorized distributor that they have purchased the specified product/equipment from that distributor and that the distributor will honor all of the manufacturer’s warranties with their bid.

VI.R Brand Names

Manufacturer’s names, trade names, brand names, model and catalog numbers used in these specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids proposing substitute brands will be considered provided the substitute brand meets or exceeds the quality and requirements of the item listed in the specifications.

VI.S Brand Substitution

In accordance with the City's Municipal Code I-2-3.12, bids will be considered on equipment or material complying substantially with specifications, provided: 1) any deviation is stated in writing and 2) each substitution is described in detail explaining how the alternative equipment or material is equal to or better than the specified equipment or material. Requests for "or equals" products must be submitted to the City for review prior to the Deadline for submitting Questions. Standard catalog sheets or technical data will not be accepted in lieu of providing the information requested in the required form. The City will be the sole determiner of whether such substitutions are equivalent to the materials or equipment specified.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

VII. Terms & Conditions

VII.A Completeness of Bid

A. The Bidder shall furnish a price for all bid items scheduled (both base bid schedule and alternate bid schedule(s), if any) and failure to do so will render the Bid non-responsive.

B. The costs for any work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the work.

C. In case of discrepancy between the “Unit Price” and the “Line Item Price” set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Line Item Price” column, then the amount set forth in the “Line Item Price” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

D. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the City from measured quantities of work performed based upon the Unit Price.

VII.B Non-Collusion

Bidder declares that the only persons or parties interested in this bid are those named herein, and that this bid is made without collusion with any person, firm or corporation. Bidder proposes and agrees, if the bid is accepted, that Bidder will execute a contract with the City, in in the form set forth in the Contract Documents, and will perform the entire work for the prices set forth in this Bid, upon which the award of contract is made.

VII.C Performance

In response to the Notice Inviting Bids for this solicitation and in accordance with the other Contract Documents relating thereto, the undersigned Bidder hereby proposes to furnish to the City all materials and equipment, labor, technical and professional services, supervision, and to perform all operations necessary and required to complete the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices set forth herein.

VII.D Firm Offer

This Bid constitutes a firm offer to which cannot be withdrawn for ninety (90) days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

Fire Extinguisher Inspection, Maintenance, Testing, Repair, Replacement and Related 26-266

VII.E Accuracy

Bidder's signer certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the Bidder pertaining to Bidder's response to this solicitation.

VII.F California Secretary of State

The awarded Proposer will be required to have and maintain an active registration and be in good standing with the California Secretary of State throughout the term of the contract. See https://bizfileonline.sos.ca.gov/search/business for more information.

VII.G Milpitas Business License

The awarded Proposer will be required to comply with the City's business license registration requirements set forth in its municipal code. See https://www.milpitas.gov/241/Business- License-Center for more information.