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REQUEST FOR BIDS (RFB)

As-Needed Electrical Services

RFB# 26-27-17

PROCUREMENT TIMELINE:

Event Key Dates

RFB Released September 8, 20226

Deadline for Questions Wednesday, September 16, 2006, 2:00 pm, PDT

Deadline for Objections One (1) Week from Bid Due Date

Bid Due Date Tuesday, September 29, 2:00 pm, PDT The City has developed the following list of key events. All key dates are subject to change at the City’s discretion.

PROCUREMENT CONTACT:

Todd Ninokata, Buyer City of Santa Clara – Purchasing Division 1500 Warburton Avenue Santa Clara, CA 95050 Email: tninokata@santaclaraca.gov

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TABLE OF CONTENTS

TABLE OF CONTENTS

LIST OF ATTACHMENTS

SECTION 1. INTRODUCTION

SECTION 2. MINIMUM QUALIFICATIONS

SECTION 3. DEFINITIONS

SECTION 4. PRE-BID CONFERENCE

SECTION 5. HOW TO OBTAIN THIS RFB

SECTION 6. PREPARATION OF BID

SECTION 7. REQUIRED BID SUBMISSION DOCUMENTS

SECTION 8. REFERENCES

SECTION 9. PAYMENT TERMS

SECTION 10. WAGE REQUIREMENTS

SECTION 11. PAYMENT BOND REQUIREMENTS (for services)

SECTION 12. PERFORMANCE BOND REQUIREMENTS

SECTION 13. INSURANCE

SECTION 14. OBJECTIONS

SECTION 15. PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

SECTION 16. WITHDRAWAL OF BID

SECTION 17. BID OPENING

SECTION 18. LATE BIDS

SECTION 19. EVALUATION OF BIDS

SECTION 20. DETERMINATION OF LOW BID AND MULTIPLE AWARDS

SECTION 21. PROTESTS

SECTION 22. GROUNDS FOR DISQUALIFICATION

SECTION 23. TERMS AND CONDITIONS

SECTION 24. WAIVER OF BID DEFECTS

SECTION 25. PUBLIC RECORD

SECTION 26. OTHER PUBLIC AGENCY PURCHASES

SECTION 27. TAXES

SECTION 28. LOCATION AND DELIVERY

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LIST OF ATTACHMENTS

The table below provides a list of additional attachments that together form the entire Request for Bids (RFB) package. Bidders are responsible for ensuring that they possess all of the documents identified below. If a document is missing, please contact the Procurement Contact listed on the cover page.

Attachment Title

A Exemplar Agreement including the Scope of Services, Compensation, Insurance Requirements, Prevailing Wages, Contract Extension Notice, and Bond Documents

The documents required to be included in your electronic submission are listed below:

B Bid Pricing Form

C Bidder Certification Form

D Customer Reference Form

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SECTION 1. INTRODUCTION

1.1 The City of Santa Clara (“City”) is soliciting bids from qualified contractors to provide as-needed electrical maintenance, repair, preventive maintenance, troubleshooting, inspection, testing, and related general services for City facilities and City-owned assets, including recurring services at the Santa Clara Convention Center Complex, as more fully described in Exhibit A, Scope of Services, of Attachment A.

1.2 The City intends to make multiple awards under this Request for Bids (“RFB”) to up to three responsible and responsive bidders as set forth in Section 20. The City may award fewer than three contracts if an insufficient number of responsible and responsive bids are received. Each awarded Contractor shall be an eligible provider of as-needed electrical services. Award of an Agreement does not guarantee any minimum amount of work, expenditure, work order, or equal distribution of work.

1.3 Services under this RFB are limited to general services, maintenance, repair, inspection, testing, troubleshooting, and related work as described in Exhibit A, Scope of Services, of Attachment A. This RFB does not include public works construction or improvement activities subject to Charter Section 1310. Any work determined by the City to be outside the authorized general-services scope shall require separate authorization and, if applicable, separate procurement.

1.4 This bid package contains all of the information and documents necessary to prepare and submit a responsive bid. Bidders are cautioned to read all of the documentation provided.

Bidder will be responsible for complying with all requirements identified herein.

1.5 The initial term of the agreement will be one year. The City reserves the right to exercise up to four additional one-year options, for a total of five years.

SECTION 2. MINIMUM QUALIFICATIONS

The Bidder must meet the following minimum qualifications. Bids that fail to meet the minimum qualifications in this section will be considered non-responsive and disqualified from further consideration.

2.1 Bidder shall possess and maintain throughout the term of the resulting agreement a current, valid, and active California Class C-10 Electrical Contractor license issued by the California Contractors State License Board. The license shall be held in the legal name of the Bidder submitting the bid. Bidder shall include a copy of its current C-10 license with its bid. The City may verify the license status, classification, and any disciplinary history through the Contractors State License Board.

2.2 Bidder shall submit three (3) customer references using Attachment D, Customer Reference Form. Each reference must be for a client for whom Bidder has provided electrical services substantially similar in scope and complexity to the Services requested under this RFB.

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2.3 Bidder (including any subcontractors) must be registered with the Department of Industrial Relations prior to submitting its bid, pursuant to California Labor Code Section 1725.5.

SECTION 3. DEFINITIONS

3.1 “Bidder” means the entity, offeror, supplier, person or corporation submitting a bid in response to this RFB document.

3.2 “City” means the City of Santa Clara.

3.3 “Contractor” means the Bidder awarded a contract a result of this RFB.

SECTION 4. PRE-BID CONFERENCE

4.1 There is no pre-bid conference for this RFB.

4.2 There is a non-mandatory pre-bid conference for this RFB.

4.3 There is a mandatory pre-bid conference for this RFB.

SECTION 5. HOW TO OBTAIN THIS RFB

5.1 This RFB may be downloaded from the BidNet Direct e-Procurement system located at https://www.bidnetdirect.com/california/cityofsantaclara. Respondents can also find a link at the City of Santa Clara website at https://www.santaclaraca.gov/our-city/departments-a-f/finance/purchasing/bid-opportunities. At either website, follow the links to register for this online service. You may register for free either online or by calling BidNet Vendor Support at 800-835-4603, Option 2, or via email at support@bidnet.com and telling the support representative that you are registering for City of Santa Clara solicitations.

5.2 All addenda and notices related to this procurement will be posted by the City on BidNet Direct. In the event that this RFB is obtained through any means other than BidNet Direct, the City will not be responsible for the completeness, accuracy, or timeliness of the final RFB document.

SECTION 6. PREPARATION OF BID

6.1 All bid pricing shall be submitted online using BidNet Direct. All required forms that must be included with your bid shall be electronically attached and submitted with your bid.

6.2 Bidders shall quote price on each and every item to be considered responsive; partial bids shall not be accepted. “Unit Price” is the bid price for each item. “Extended Price” is the extension of the estimated quantities multiplied by the “Unit Price.” Each line item extended price is to be entered in the space provide. Bidders are cautioned to check bid price entries for correctness of unit prices, extended prices, and total prices. In case of an error in the https://www.bidnetdirect.com/california/cityofsantaclara http://www.santaclaraca.gov/ http://www.santaclaraca.gov/

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6.3 Bidders are to attach a copy of the signed Bidder Certification Form (Attachment F) to the electronic bid submission, including any other required attachments.

6.4 No bid shall be altered, amended, or withdrawn after the specified bid due time and date.

6.5 Periods of time, stated as a number of days, shall be in calendar days (not working days).

6.6 It is the responsibility of all bidders to examine the entire RFB package and seek clarification, if necessary. Negligence in preparing a bid confers no right of withdrawal after the bid closes.

6.7 No plea of ignorance of conditions that exist, or that may exist hereafter, or of conditions or difficulties encountered in execution of work under this contract will be accepted as an excuse for failure of, or omission on the part of contractors to fulfill in every detail all of the requirements of contract, nor will they be accepted as basis for any claims whatsoever for extra compensation.

6.8 All costs associated with responding to this bid shall be at the bidder’s sole expense. The City shall not reimburse the cost of developing, presenting or providing any response to this solicitation. Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner.

6.9 Submission of additional or conflicting terms, conditions or agreements with this bid document will result in the determination that the bid is non-responsive.

6.10 The bid documents are complementary, and what is called for by any one of the documents shall be as binding as if called for by all.

6.11 The City, in its sole discretion, may reject any or all bids received, including separately bid items where a partial bid award is possible under the terms of this RFB and waive any informalities or irregularities in the bids. The City reserves the right to resolicit by issuing a new RFB or cancel the solicitation at any time prior to agreement award and not award an agreement.

SECTION 7. REQUIRED BID SUBMISSION DOCUMENTS

7.1 The documents required to be included in your electronic submission are listed on page 3 (List of Attachments).

7.2 Bidders can attach documents on BidNet Direct for online bids by clicking on “Upload Attachments”, then browse through your computer to find the document you want to attach.

Click “Browse”, find the document, and click “Open”. The location of the document will be in the browse field. Click on “Submit” to attach the document. Any questions regarding document attachment or uploading should be directed to BidNet Direct at the above-mentioned telephone number.

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7.3 Your bid must be received by the due date and time listed in BidNet Direct. Bidders should familiarize themselves with BidNet Direct and allow adequate time to upload their bids.

Submittals that are initiated prior to the bid deadline but not completed by the deadline will not be accepted. The City is not responsible for any late or incomplete submissions due to any technical issues that may be encountered in BidNet Direct.

SECTION 8. REFERENCES

8.1 Bidders are required to provide customer references that demonstrate the bidder’s ability to provide the products and/or services required by this RFB.

8.2 References are to be submitted on Attachment D, Customer Reference Form. Only one

(1) copy of the form is provided in the RFB package. Bidders are required to copy the form as needed to meet the reference submission requirements.

8.3 References are to be submitted as a part of the bid package. Failure to provide required references will result in the bid being determined to be non-responsive, and will be removed from further consideration.

SECTION 9. PAYMENT TERMS

Pricing shall be firm fixed for the initial term of the contract, as stated on the Bid Pricing Form (Attachment B). During this period the price may not change. City will make payments to Contractor within thirty (30) days after the date of approval of each invoice.

SECTION 10. WAGE REQUIREMENTS

There are no prevailing wage requirements.

There are prevailing wage requirements (see below).

10.1 Prevailing Wage: The City has determined that the services described in this solicitation constitute a “Public Work”, and are subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The Director of the Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and the rates for overtime and holiday work in the locality in which the services are to be performed for each craft, classification or type of worker needed to perform the services under the contract. Copies are on file with and available upon request from the Office of the Clerk of the Board of Supervisors or at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

10.2 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Further information on Compliance Monitoring Unit requirements can be found at https://www.dir.ca.gov/Public-Works/Contractor-Registration.html.

10.3 The Bidder (including any subcontractors) shall register with the Department of Industrial Relations prior to submitting its bid, pursuant to California Labor Code Section 1725.5.

http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

https://www.dir.ca.gov/Public-Works/Contractor-Registration.html

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10.4 No contractor or subcontractor may perform work on the project unless registered with the Department of Industrial relations pursuant to Labor Code section 1725.5. Contractor represents and warrants that it is registered with the Department of Industrial Relations.

Contractor shall maintain its registration with the Department of Industrial Relations throughout the course of the project. Contractor is responsible for verifying that each Subcontractor, including any Subcontractor not listed on the bid for the project, is registered with the Department of Industrial Relations at the time the Subcontractor performs work on the project. If any Subcontractor is not registered at the time the Subcontractor is to commence work, Contractor shall require the Subcontractor to register and may not permit the Subcontractor to commence work until the Subcontractor’s registration is complete.

10.5 Failure to meet the requirements stated above in this section by the time allotted may result in withdrawal of the award and award to the next lowest bidder.

SECTION 11. PAYMENT BOND REQUIREMENTS (FOR

SERVICES)

A payment bond is not required.

A payment bond is required (See Section 9 of Attachment A).

SECTION 12. PERFORMANCE BOND REQUIREMENTS

A performance bond is not required.

A performance bond is required (See Section 9 of Attachment A).

SECTION 13. INSURANCE

The Bidder selected for award is required to submit a “Certificate of Insurance” in accordance with the requirements outlined in Exhibit C of Attachment A within ten (10) days after issuance of notice of intended award, unless the City grants an extension in its sole discretion. Failure to do so may result in withdrawal of the award and award to the next lowest bidder.

SECTION 14. OBJECTIONS

Any objections as to the structure, content or distribution of this RFB must be submitted in writing to the Procurement Contact by the deadline indicated on the cover page. Objections must be as specific as possible, and identify the RFB section number and title, as well as a description and rationale for the objection.

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SECTION 15. PROCEDURE FOR SUBMITTING QUESTIONS

AND INQUIRIES

Any questions related to this RFB shall be directed to the Procurement Contact identified on the cover page by the deadline specified. Bidders shall not contact any other City employee or individual that may have been involved with the development of this RFB. All questions are to be submitted in writing through the BidNet Direct Question and Answer utility. All responses to questions will be in writing in the form of an addendum. Questions answered on BidNet Direct shall be considered addenda to the RFB. Oral interpretations or clarifications will be without legal effect.

SECTION 16. WITHDRAWAL OF BID

A Bidder may withdraw its bid at any time prior to the bid due date.

SECTION 17. BID OPENING

All bids will be publicly available on BidNet Direct after the bid closes. BidNet Direct will show the apparent lowest bidder. All bids will be verified by the City, and the City will publish a Notice of Intended Award typically within ten (10) days after the bid close date.

SECTION 18. LATE BIDS

Late bids will not be accepted.

SECTION 19. EVALUATION OF BIDS

The City will evaluate bid submittals according with the following general criteria:

19.1 Responsibility: The Bidder has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. A Bidder will be deemed to be responsible if the Bidder:

19.1.1 has the ability, financial capacity, business experience, personnel, resources, and other necessary skills to provide the products and/or services in accordance with the bid specifications;

19.1.2 has the ability to provide the products and/or services promptly or within the time specified without delay;

19.1.3 has equipment, facilities, and resources of such capacity and location to enable it to provide the products and/or services;

19.1.4 is able to provide future maintenance, repair, parts and service for goods, if required by the bid specifications; and

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19.1.5 has a record of performance and integrity, including a record of satisfactory or better performance under prior contracts with the City and other purchasers.

19.2 Responsiveness: A Bidder will be deemed to be responsive if it has submitted a bid that conforms in all material respects to the requirements for this RFB.

SECTION 20. DETERMINATION OF LOW BID AND

MULTIPLE AWARDS

The City intends to award Agreements to multiple responsive and responsible Bidders based on the lowest evaluated bids, as determined from the pricing submitted in Attachment B – Bid Pricing Form. .

SECTION 21. PROTESTS

21.1 If an unsuccessful Bidder wishes to protest the award recommendation, the unsuccessful bidder must submit the protest in writing to the Purchasing Officer no later than ten (10) calendar days after announcement of the apparent successful Bidder. Protest must detail the grounds, factual basis and provide all supporting information. Protests will not be considered for disputes of bid specifications.

21.2 The address for submitting a protest is:

City of Santa Clara

1500 Warburton Avenue Santa Clara, CA 95050

Attn: Purchasing Officer

SECTION 22. GROUNDS FOR DISQUALIFICATION

Factors, such as, but not limited to, any of the following, may disqualify a bid without further consideration:

22.1 Contact regarding this procurement with any City official or employee or evaluation team member other than the Procurement Contact from the time of issuance of this solicitation until the end of the protest period.

22.2 Evidence of collusion, directly or indirectly, among Bidders regarding the amount, terms, or conditions of this bid.

22.3 Influencing any City staff member or evaluation team member throughout the solicitation process, including the development of specifications.

22.4 Evidence of submitting incorrect information in the response to a solicitation or misrepresenting, or failing to disclose material facts during the evaluation process.

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22.5 Offering gifts or souvenirs, even of minimal value, to City officers or employees.

22.6 Existence of any lawsuit, unresolved contractual claim or dispute between Bidder and the City.

22.7 Evidence of Bidder’s inability to successfully complete the responsibilities and obligations of the bid.

22.8 Bidder’s default under any City agreement, resulting in termination of such Agreement.

SECTION 23. TERMS AND CONDITIONS

Attachment A outlines the City’s standard terms and conditions the successful Bidder will be expected to comply with.

SECTION 24. WAIVER OF BID DEFECTS

Notwithstanding any other provision of the RFB, the City shall have the right to waive any informalities or minor irregularities in bids or bidding.

SECTION 25. PUBLIC RECORD

All bids shall become the property of the City and shall become a matter of public record available for review.

SECTION 26. OTHER PUBLIC AGENCY PURCHASES

26.1 It is intended that any other public agency be permitted to purchase under the terms submitted in response to this procurement. Any participating public agency shall accept sole responsibility for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The City of Santa Clara will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with participation by other public agencies.

26.2 If other agencies participate, the contractor shall furnish the City of Santa Clara an annual report showing the name of the agencies, contact person, and phone number for each agency, and details of items supplied, including quantities. This report shall be furnished to the City on the anniversary date of the commencement of the contract.

SECTION 27. TAXES

27.1 Do not include California retail sales tax in your bid price.

27.2 The City of Santa Clara is exempt from federal excise tax, including federal transportation tax. The City will provide an exemption certificate as appropriate.

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27.3 Contractors conducting business in the City of Santa Clara or using their own trucks to deliver merchandise must pay a City of Santa Clara Business Tax. To apply for a business license, Contractors must complete the business license application at https://www.santaclaraca.gov/home/showdocument?id=65820.

SECTION 28. LOCATION AND DELIVERY

28.1 The Contractor agrees to make deliveries to City location(s) only upon receipt of a duly signed and approved purchase order/release issued by the City. Delivery made without such documentation shall be at the Contractor’s risk.

28.2 The Contractor will be responsible for all costs associated with shipping, and delivery. All items delivered shall be Free On Board (F.O.B.) Destination, full freight prepaid except for special or expedited orders. In the event of special or expedited orders where incremental transportation or shipping fees are incurred by Bidder, those incremental freight charges shall be added as a separate line item to the invoice submitted.

28.3 The successful Bidder shall authorize immediate replacement of any item that has been damaged in transit.

https://www.santaclaraca.gov/home/showdocument?id=65820