Campus_Catering_-_Kitchen_Equipment_(Addendum_#3_Revision).pdf

INVITATION FOR BID

CAMPUS CATERING - KITCHEN EQUIPMENT

Clovis Unified School District

1450 Herndon Ave

Clovis, CA 93611

Only electronic submittals via CUSD’s eProcurement Portal will be accepted.

Visit CUSD Purchasing Website https://www.cusd.com/bid-schedule to access the link.

All respondents MUST register with OpenGov to participate .

Clovis Unified School District

INVITATION FOR BID

Campus Catering - Kitchen Equipment

I. Introduction II. Notice to Bidders

III. Information For Bidders IV. Special Conditions V. General Conditions and Scope of Work

VI. Pricing Proposal VII. Vendor Questionnaire

Invitation For Bid #3089 Title: Campus Catering - Kitchen Equipment

1. Introduction

1.1. Summary

All bidders MUST register with OpenGov to participate in this bid by visiting CUSD's eProcurement Portal which can be accessed by visiting https://www.cusd.com/bid-schedule. Only electronic bid submittals will be accepted.

1.2. Contact Information

Laura Jacobs

Buyer 1

310 N Sunnyside Ave

Clovis, CA 93611

Email: laurajacobs@clovisusd.k12.ca.us

Phone: (559) 327-9149

Department:

Purchasing Department

1.3. Timeline

Release Project Date / 1st Ad Date July 8, 2026

RFI / Question Submission Deadline July 22, 2026, 9:00am

Response Submission Deadline August 3, 2026, 9:00am

Board of Education Action - Date is subject to change at the discretion of the District.

August 26, 2026 https://www.cusd.com/bid-schedule mailto:laurajacobs@clovisusd.k12.ca.us tel:(559)327-9149

2. Notice to Bidders

NOTICE CALLING FOR BIDS

DISTRICT: Clovis Unified School District

BID DEADLINE: Monday, August 3, 2026 at 9:00 am (Pacific Standard Time)

PLACE OF RECEIPT: All bids must be submitted using the District’s Electronic Bid Portal, OpenGov.com, which can be accessed by visiting https://www.cusd.com/bid-schedule.

Only electronic submittals will be accepted.

NOTICE IS HEREBY GIVEN that the Clovis Unified School District of Fresno County, California, acting by and through its Governing Board, hereinafter referred to as “District,” will receive up to, but not later than Monday, August 3, 2026 at 9:00 am (PST), Bids for the award of a contract for Bid No. 3089

Campus Catering - Kitchen Equipment.

Bid Documents are available on District’s Electronic Bid Portal, OpenGov.com, which can be accessed by visiting https://www.cusd.com/bid-schedule. All bids shall be made and presented on the forms provided in the Bid documents.

Any questions, requests for information, requests for clarification and the like must be submitted on or before Wednesday, July 22, 2026 on 9:00 am (PST) using the District’s Electronic Bid Portal, OpenGov.com, which can be accessed by visiting https://www.cusd.com/bid-schedule..

The Award of the contract, will be by action of the Governing Board to the most responsive and responsible bidder with the highest score considering all evaluation criteria. The District reserves the right to withdraw or cancel one or more items from this Bid before award and proceed with the remaining items. The District reserves the right to make multiple awards or to reject any or all proposals, or to waive any irregularities or informalities in any proposals or in the bidding process.

No bidder may withdraw any bid for a period of sixty (60) calendar days after the date set for the opening of the bids.

District Contact Info: Laura Jacobs, Buyer 1 can be reached at (559) 327-9149 or laurajacobs@clovisusd.k12.ca.us

Published: (1) JULY 8, 2026 (2) JULY 15, 2026

3. Information For Bidders

3.1. Bid Proposal

READ THIS DOCUMENT CAREFULLY. DO NOT ASSUME THAT IT IS THE SAME AS OTHER

SIMILAR DOCUMENTS YOU MAY HAVE SEEN, EVEN IF FROM THE SAME DISTRICT.

Bid proposals must be submitted via CUSD's eProcurement Portal on or before Monday, August

3, 2026 at 9:00 am (PST). All bids must be received on or prior to that date and time, after which bids will be opened and read in public. The District suggests that bids be submitted early in order to ensure their timely receipt.

Any questions relative to the bid should be directed via CUSD's eProcurement Portal Q&A feature to be addressed by a designee of the District Superintendent.

No bid proposals shall receive consideration by the Clovis Unified School District for 3089

Campus Catering - Kitchen Equipment unless made in accordance with the following instructions:

3.2. Purpose

The purpose of this solicitation is to procure replacement kitchen equipment on an as-needed basis during the contract term to support ongoing operation

3.3. Preparation of Bid Form

Bids shall be submitted as prescribed and the Proposal Form and Pricing Proposal sheet must be completed in full. All proposal items and statements shall be properly and legibly filled out.

Numbers shall be stated both in words and in figures where so indicated, and where there is a conflict in the words and the figures, the words shall control over the numbers. The signatures of all persons shall be in longhand.

3.4. Form and Delivery of Bids

The bid must conform and be responsive to all proposal documents and shall be made on the

Bid Form and Pricing Proposal sheet and the complete proposal, together with any and all additional materials or documents as required, shall be submitted using the District’s Electronic

Bid Portal, OpenGov.com, which can be accessed by visiting https://www.cusd.com/BidSchedule.aspx. Only electronic submittals will be accepted, and must be received on or before the proposal deadline. It is the bidder's sole responsibility to ensure that its proposal and samples, if required, are received prior to the proposal deadline.

https://www.cusd.com/BidSchedule.aspx

3.5. Proposal Pricing

Prices must be submitted using the Pricing Proposal sheet. Where requested items on the

Pricing Proposal and Proposal Sheet should be stated in figures. If the item is a Special Order indicate so using the “Comments” section of the Pricing Proposal sheet. Each item specified is described and a brand name may be used as a reference to indicate the quality of the product required. If quoting an item that has more than one model, or is not specifically listed on the

Pricing Proposal or Proposal Sheet, please list all specifications using the adjacent “Comments” section. Where required or indicated, all items on the “Pricing Proposal” should be completed in figures.

3.6. Signature

Any signature required on any proposal documents must be signed in the name of the bidder and must bear the signature of the person or persons duly authorized to sign these documents.

Where indicated, if bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from among the chairman of the board, president or vice president and one from among the secretary, chief financial officer, or treasurer.

Alternatively, the signature of other authorized officers or agents may be affixed, if duly authorized by the corporation. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal. Where indicated, in the event that the bidder is a joint venture or partnership, there shall be submitted with the proposal certifications signed by authorized officers of each of the parties to the joint venture or partnership, naming the individual who shall sign all necessary documents for the joint venture or partnership and, should the joint venture or partnership be the successful bidder, who shall act in all matters relative to the joint venture or partnership. If bidder is an individual, his/her signature shall be placed on such documents.

3.7. Modifications

Changes in or additions to any of the proposal documents, alternative proposals, or any other modifications which are not specifically called for in the proposal documents may result in the rejection of the proposal as being nonresponsive. No oral, telephonic, facsimile or electronic modification of any of the proposal documents will be considered.

3.8. Examination of Proposal Documents

At its own expense and prior to submitting its proposal, each bidder shall examine all proposal documents; visit the sites and determine the local conditions which may in any way affect the performance of the work; familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work; determine the character, quality, and quantities of the work to be performed and the materials and equipment to be provided; and correlate its observations, investigations, and determinations with all requirements of the proposal. The

District shall not be liable for any loss sustained by the successful bidder resulting from any variance between the actual conditions and data given in the proposal documents. Bidder agrees that the submission of a proposal shall be incontrovertible evidence that the bidder has complied with all the requirements of this provision of the Information for Bidders.

3.9. Withdrawal of Proposals

Any proposal may be withdrawn, either personally or by written request signed by the bidder, at any time prior to the scheduled closing time for receipt of proposals. The proposal security for a proposal withdrawn prior to the scheduled closing time for receipt of proposals, in accordance with this paragraph, shall be returned. No bidder may withdraw any proposal for a period of sixty (60) calendar days after the date set for the opening of proposals.

3.10. Interpretation of Proposal Documents

If any bidder is in doubt as to the true meaning of any part of the proposal documents, or finds discrepancies in, or omissions from the proposal documents, or has any questions related to the proposal documents, a written request for an interpretation or correction thereof must be submitted before Wednesday, July 22, 2026 at 9:00 am(PST) to the District via the District’s

Electronic Bid Portal, OpenGov.com, which can be accessed by visiting https://www.cusd.com/BidSchedule.aspx. No requests shall be considered after this time. The bidder submitting the written request shall be responsible for its prompt delivery. Any interpretation or correction of the proposal documents and answers to questions will be made solely at District discretion. The District may issue a written addendum and a copy of such addendum will be uploaded to the District’s Electronic Bid Portal, OpenGov.com and/or e-mailed to each bidder known to have received a set of proposal documents. No person is authorized to make any oral interpretation of any provision in the proposal documents, nor shall any oral interpretation of proposal documents be binding on the District. If there are discrepancies of any kind in the proposal documents, the interpretation of the District shall prevail. SUBMITTAL OF A PROPOSAL WITHOUT A REQUEST FOR CLARIFICATIONS SHALL BE

INCONTROVERTIBLE EVIDENCE THAT THE BIDDER HAS DETERMINED THAT THE PROPOSAL

DOCUMENTS ARE ACCEPTABLE AND SUFFICIENT FOR BIDDING

AND COMPLETING THE WORK; THAT BIDDER IS CAPABLE OF READING, FOLLOWING AND

COMPLETING THE WORK IN ACCORDANCE WITH THE PROPOSAL DOCUMENTS; AND THAT

BIDDER AGREES THAT THE WORK CAN AND WILL BE COMPLETED ACCORDING TO THE DISRICT’S

TIMELINES.

3.11. Substitutions/Alternates

All items bid must conform to the terms and conditions set forth in the bid documents. The

District reserves the right to reject all proposals that do not conform to the bid. Manufacturers’ https://www.cusd.com/BidSchedule.aspx names, trade names, brand names, manufacture numbers used in these specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. At a minimum, manufacturer information, specifications, nutritional information, and a picture of the specific item, marked with the appropriate bid item number, should be provided fully describing the claimed “or equal” product. Suitability and valuation of

“equals” rest in the sole discretion of the District. Questions, Request for Substitution or

Requests for Information received after the timeframe stated deadline will not be considered. If the substituted item is acceptable, the District will approve it in an Addendum issued to all bidders of record. It is understood and agreed to by the bidder that the District reserves the right to reject any such proposed substitution. If the item and/or nutritional information offered by the bidder is not acceptable, in the sole opinion of the District, then the bidder expressly understands and agrees that bidder shall furnish the item, process, or service, specified by the District.

3.12. Bidders Interested in More Than One Proposal

No person, firm or corporation shall be allowed to make, or file, or be interested in more than one proposal for the same work unless alternate proposals are specifically called for by the

District. A person, firm, or corporation that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders or submitting a proposal.

3.13. Award of Agreement

The award of the agreement, will be by action of the Governing Board to the most responsive and responsible bidder with the highest score considering all evaluation criteria. The District reserves the right to withdraw or cancel one or more items from this bid before award and proceed with the remaining items. The District reserves the right to make multiple awards or to reject any or all proposals, or to waive any irregularities or informalities in any proposals or in the bidding process. In the event an award of the agreement is made to a bidder, and such bidder fails or refuses to execute the Agreement and provide the required documents within ten (10) calendar days after the notice of award, the District may award the Agreement to the next highest ranked responsive and responsible bidder or reject all proposals.

3.14. Agreement

The form of agreement which the successful bidder, as Contractor, will be required to execute, is included in the proposal documents and should be carefully examined by the bidder. The agreement will be executed in counterparts. The complete Agreement consists of but is not limited to the executed Agreements, Proposal Documents, Forms, Requirements, Responses, W-9, Insurance Certificates and Endorsements, General Conditions, Special Provisions, Specifications, Delivery Schedule, and all Modifications, Addenda and Amendments if any, thereof duly incorporated therein. All of the above documents are intended to be complementary so that any instructions or requirements called for in one and not mentioned in the other, or vice versa, are to be executed the same as if mentioned in all said documents. The intention of the documents is to include all labor, materials, equipment, transportation and services necessary for the proper delivery and of all items called for in the Agreement.

3.15. Competency of Bidders

During its evaluation in selecting a bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the proposal.

By submitting a proposal, each bidder agrees that the District, in determining the successful bidder and its eligibility for the award, may consider the bidder’s experience and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the bidder’s performance of the contract. The District may also consider the qualifications and experience of persons and organizations proposed for those portions of the work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the District. In this regard, the District may conduct such investigations as the District deems necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications and financial ability of the bidder, proposed subcontractors, and other persons and organizations to do the work to the District’s satisfaction within the prescribed time. The District reserves the right to reject the proposal of any bidder who does not pass any such evaluation to the satisfaction of the District.

3.16. Anti-Discrimination

In connection with all work performed under this proposal, there shall be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, or medical condition. The successful bidder agrees to comply with applicable federal and state laws including, but not limited to, the California Fair Employment and Housing

Act, beginning with Government Code section 12900 and Labor Code section 1735.

3.17. References

List three references to which the bidder(s) has provided services within the past five year(s).

Reference form to utilize is attached to this solicitation and must be submitted by the bid solicitation deadline. Failure to complete and return this form will cause your proposal to be rejected.

3.18. Deviations from Proposal Terms and Conditions

Deviations from any proposal term or condition may cause a proposal to be rejected as nonresponsive. All deviations must be clearly noted at time of proposal submission. If not noted, the assumption is that bidder is bidding as specified .

3.19. Drug-Free Workplace Certification

Pursuant to Government Code section 8350 et seq., the successful bidder will be required to execute a Drug-Free Workplace Certification upon execution of the Agreement. The bidder will be required to take positive measures outlined in the certification in order to ensure the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-

Free Workplace Act could result in penalties including termination of the Agreement or suspension of payment thereunder.

3.20. Noncollusion Declaration

In accordance with the provisions of Section 7106 of the Public Contract Code, each proposal must be accompanied by a Noncollusion Declaration.

3.21. Tobacco Use Policy

Bidder has been advised and is aware that District has a Policy which prohibits the use of tobacco products, including smokeless tobacco and VAPE, anywhere on District property.

Bidder shall be responsible for the enforcement of District’s tobacco-free policy among all bidder’s employees and subcontractors while on District property. Bidder understands and agrees that should any employee of bidder violate the District’s Board Policy after having already been warned once for violating District’s tobacco-free policy, bidder shall remove the individual for the duration of the Agreement. Bidder shall not be entitled to any additional compensation and/or time in completing the work for such removal.

3.22. Criminal Records Check

The successful bidder will be required to comply with the applicable requirements of Education

Code section 45125.1 with respect to fingerprinting of employees and must complete the

District’s Criminal Records Check Certification.

3.23. Protest

Bidders may protest the recommended award, provided the protest is in writing, contains the proposal number, is delivered to Clovis Unified School District Purchasing Department at 1450

Herndon Ave. Clovis, CA 93611, and is received within five (5) calendar days of the submission deadline. Grounds for a protest is that the District failed to follow the selection procedures and adhere to requirements specified in the bid documents or any addenda or amendments; there has been a violation of conflict of interest as provided in California Government Code Section

87100 et. Seq. or violation of any State or Federal law. Protest will not be accepted on any other grounds. All protest will be handled by a panel comprised of District Staff. The District will consider only these specific issues addressed in the written protest. A written response will be directed to the protesting bidder within five (5) calendar days of the receipt of the protest, advising the decision with regard to the protest and the basis for the decision.

3.24. Debarment, Suspension, and Other Responsibility Matter.

As required by Executive Order 12549, Debarment & Suspension, and implemented at 34 CFR

Part 85, Bidder must certify that its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transactions with any federal department or agency. Submission of a signed proposal in response to this solicitation is certification that Bidder is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any state or federal department or agency. Submission is also agreement that Clovis Unified School District will be notified of any change in this status. Certification of Primary Participant regarding

Debarment, Suspension, and other Responsibility Matters and Certification of Restriction on

Lobbying must be completed and submitted at the time of the proposal due date or the bidder may be declared as nonresponsive.

3.25. Public Information

All materials received by the District in response to this bid shall be made available to the public. If any part of a bidders material is proprietary or confidential, the bidder must identify and so state, and be submitted separate of the proposal documents. Any bidder information used to aid in proposal selection must not be restricted from the public.

3.26. District’s Right to Choose

The District shall be the sole judge as to the requirements needed by their schools, students, and employees for the requested services being provided by the bidder.

3.27. Inspection

All items delivered to the District shall be subject to inspection and rejection by the District. The

District may return at the bidder’s expense any item which fails to meet the conditions of the proposal. Such items shall be considered as rejected and promptly replaced by the bidder. No payment shall be required until replacement is complete. Any item or product damaged in shipment may be refused by the District and may be returned at the bidder’s expense. The successful bidder understands that substitutions deviating from the Buy American provision will not be accepted unless approved by the District.

3.28. USDA Nondiscrimination

Both the District and bidder must agree that no child who participates in the National School

Lunch Program (NSLP), School Breakfast Program (SBP) will be discriminated against on the basis of race, color, national origin, age, sex, or disability. State agencies and District shall comply with the requirements of Title VI of the Civil Rights Act of 1964; Title IX of the Education

Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Department of Agriculture regulations on nondiscrimination (7 CFR, parts 15, 15a, and

15b); and FNS Instruction 113-1 (7 CFR, Section 210.23[b]).

4. Special Conditions

See below.

4.1. FORMS / DOCUMENTS REQUIRED AT BID SUBMISSION

This list is for informational purposes only and is not inclusive. There may be more or less required documents.

Download the forms in the Vendor Questionnaire, complete information, sign, date and upload to the bid proposal.

A. Proposal Acknowledgement Form

B. References

C. Vendor Questionnaire

D. NonCollusion Declaration Form

E. Certification of Primary Participant Regarding Debarment, Suspension, and other Responsibility

F. Certification of Restrictions on Lobbying

G. Iran Contracting Act

H. Certificate of Independent Price Determination

I. Russia Sanctions

J. Hazardous Material Identification and Material Safety Data Sheets

K. Other Forms / Documents not listed

4.2. FORMS / DOCUMENTS THAT MAY BE REQUIRED AFTER AWARD

This list is for informational purposes only and is not inclusive. There may be more or less required documents.

1) Equal Opportunity Employment Form

2) Worker's Compensation Certificate Form

3) Drug Free Workplace Certification

4) Criminal Records Check Certification

5) IRS - Form W9

6) Insurance Certificate

7) Tuberculosis Certification

8) Copy of Product Recall Program

9) Recent Health Department Inspection Report

10) Buy American Worksheet

11) Current HACCP Plan - Plan must comply with USDA Requirements

12) BYRD Anti-Lobbying Certification

13) Other Forms / Documents not listed

5. General Conditions and Scope of Work

The District is seeking proposals from qualified companies to procure and deliver supplies and/or equipment.

5.1. HEALTH GUIDELINES

The successful bidder(s) shall follow current California Department of Public Health (CDPH) and

Fresno County Health guidelines as it pertains to public grounds, buildings and K-12 public school settings.

5.2. ADD/ DELETE LOCATIONS

The District is a growing district; therefore, it reserves the right to add or delete locations at its discretion at any time throughout the term of the agreement.

5.3. NO MAXIMUM OR MINIMUM QUANTITIES

The District does not guarantee that a minimum or maximum amount will be purchased. Any quantities specified in this proposal are estimates only. Quantities are subject to change in order to meet the needs of the Campus Catering Department as well as individual school needs.

No minimum order requirements may be imposed or will be allowed.

5.4. PRICING

Quoted prices must stay in effect for one (1) year after award of proposal. The District may grant, upon written request, a price adjustment to compensate for inflation. This adjustment must be requested 60 days prior to the upcoming renewal year. The adjustment will be effective upon renewal of the Agreement and shall not exceed the most recent percentage of change in the Consumer Price Index (CPI) for the Fresno County area or 5% whichever is less.

5.5. PRICING PROPOSAL

Quoted prices must stay in effect for one (1) year after award of proposal. Product specifications are based on products and quantity currently in use. Some specifications shown have been established by the District based on the District’s research and expertise. The

District’s Campus Catering Department Director or its designee will be the sole judge as to whether such alternate products are, in fact, substantially equal to the specifications set forth herein and whether such deviations are acceptable to the District. Bidder should insert “No Bid” on line items that cannot be provided or will not be bid on. Bidder should insert the brand name of the line item into the “Comments” column, if applicable.

5.6. PRODUCT RECALL

Successful bidder shall bear the cost incurred by the District resulting from product recall, including but not limited to, any cost initially incurred for storage and transportation; pickup, transportation and storage of recalled product(s); and price differential for replacement product, if necessary and approved by the District. Payment or credit for all cost directly related to product recall shall be made with 30 days.

5.7. DELIVERY POSTPONEMENTS/DELAYS

The equipment/materials sought by this bid proposal must be delivered in satisfactory condition to the location designated by the District on or before the date and time mutually agreed to between the District and the Contractor. A Contractors failure to provide the equipment/materials to the District by the mutually agreed upon date and time shall subject the Contractor to liquidated damages in the amount of $200.00 per calendar day for each day by which delivery is delayed.

If the Contractor becomes liable to the District for liquidated damages, the District shall, in addition to all other remedies provided by law, have the right to deduct the amount of liquidated damages owed from the contract sum or to deduct the amount of liquidated damages owed by the Contractor from moneys previously retained from the Contractor. If the sum deducted by the District is insufficient to discharge the Contractor’s liability for liquidated damages, the Contractor and its sureties shall remain liable to the District until all such liabilities are fully satisfied.

5.8. WARRANTY OF ITEMS/GOODS

Notwithstanding inspection and acceptance by the District of items/goods furnished under the agreement or any provision of concerning the conclusiveness thereof, the successful bidder warrants that:

A. All items/goods or services furnished shall be in accordance with the District specifications as called out in this bid. The successful bidder shall furnish and deliver the quantity designated in the award of the bid. Any items/goods determined by the District’s Campus

Catering Department Director or its designee to be not in accordance with or conforming to the specifications of the bid, shall be rejected and promptly removed from the District’s premises at the successful bidder’s expense. When a sample is taken from a shipment and sent to a laboratory for testing and the test shows that the sample does not comply with the specifications or contract sample, the cost of such test shall be paid for by the successful bidder.

B. The preservation, packaging, packing and marking, and the preparation for, and method of shipment of such items/goods will conform to the requirements of the bid documents.

C. Within a reasonable time, the District may either by written notice, require the prompt correction or replacement of any items/goods or part thereof (including preservation, packaging, packing and marking) that do not conform with the requirements of this contract or retain such items/goods, whereupon the contract price thereof shall be reduced by an amount equitable under the circumstances and the successful bidder shall promptly make appropriate repayment.

D. When return, correction or replacement is required, the District shall return the items/goods and transportation charges and responsibility for such items/goods while in transit shall be borne by the successful bidder. However, the successful bidder’s liability for such transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the designated destination point under this contract and the Successful bidder’s facility and return.

E. If the successful bidders fails or refuses to correct or replace the nonconforming items/goods within a period of ten (10) days, the District may, by contract or otherwise, correct or replace them with similar items/goods and charge to the successful bidder the cost occasioned to the District thereby. In addition, if the Successful bidder fails to furnish timely disposition instructions, the District may dispose of the nonconforming items/goods for the Successful bidder’s account in a reasonable manner, in which case, the District is entitled to reimbursement from the Successful bidder or from the proceeds for the reasonable expenses of the care and disposition of the nonconforming items/goods, as well as for excess costs incurred or to be incurred.

F. Any items/goods or parts thereof corrected or furnished in replacement pursuant to this clause shall also be subject to all the provisions of this clause to the same extent as items/goods initially delivered.

G. The rights and remedies of the District provided in this clause are in addition to and do not limit any rights afforded to the District by any other clause.

5.9. DEFAULT

If successful bidder fails or neglects to furnish and/or deliver the supplies or services at the prices quoted or at the times and places agreed upon or otherwise fails to comply with the terms, conditions, or specifications of this proposal document in its entirety, the District reserves the right to cancel existing services affected by such default, and procure services from other sources and deduct from any unpaid balance due to the successful bidder. The price paid shall be considered the prevailing market price at the time such purchase is made.

5.10. GOVERNING LAW

The laws of the State of California and the County of Fresno shall govern all aspects of the proposal.

5.11. DAMAGE TO DISTRICT PROPERTY

The successful bidder shall be fully responsible for any damage to District property caused by its employees. Repairs or replacement, at the option of the District, shall be made by the successful bidder or by the District and charged to the bidder.

5.12. CRIMINAL RECORDS CHECK

Education Code Section 45125.1 provides that if the employees of any entity that has a contract with a school District may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the Department for its costs incurred in processing the application. The successful bidder shall not permit an employee to come in contact with the District’s pupils until the Department of Justice has ascertained that the employee has not been convicted of a violent or serious felony. The successful bidder shall certify in writing to each Governing Board of the District that none of its employees who may come in contact with pupils have been convicted of a violent or serious felony. Criminal Records Check Certification by successful bidder is included in the proposal documents.

5.13. DRUG AND ALCOHOL TESTING

The successful bidder shall require that all drivers and other individuals who may come in contact with students be subject to drug and alcohol testing in accordance with the requirements of any federal, state, and local laws. The successful bidder shall keep a record of said information and shall provide such information to the District upon request. The successful bidder shall notify the District immediately and in writing whenever any driver has tested positive for drugs or alcohol and shall immediately dismiss the driver from delivering to the

District.

5.14. COMPLIANCE WITH OSHA

Successful bidder agrees that all item(s) offered comply with all applicable Federal and State

Occupational Safety and Health Act, laws, standards and regulations, and that successful bidder will indemnify and hold the District harmless for any failure to so conform.

5.15. DRIVING ON PREMISES

The successful bidder’s representative driving motor vehicles on the District’s school grounds will use extreme caution, especially when school is in session. Drivers will lock any gate or door to which they may have access, both when entering and/or leaving school or site grounds. Any unusual conditions noted by drivers such as gates or doors found unlocked and/or opened, evidence of vandalism, etc., should be reported to the Clovis Unified School District at (559)

327-9000.

5.16. RECORDS AND AUDIT

The Successful bidder shall maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all costs claimed to have been incurred and anticipated to be incurred for the performance of the Agreement. The

Successful bidder shall preserve and make available its records to the District and/or other representative agencies having a financial interest in the Agreement including designees of the interested parties for a period of five (5) years from the date of expiration of this Agreement or until released in writing from this obligation by the District. The Successful bidder is responsible for any audit discrepancies involving any deviation from the terms of the Agreement, and for any commitments or expenditures in excess of amounts allotted by the District.

5.17. MATERIAL SAFETY DATA

The successful bidder must comply with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. For purposes of Federal regulations, Hazardous Material, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract). The successful bidder agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material. Data shall be submitted in accordance with Federal Standard No.313, whether or not the successful bidder is the actual manufacturer of these items. Failure to submit the Material

Safety Data Sheet prior to award may result in the rejection of the proposal.

Further, the successful bidder agrees the hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or

Special Item Number. This information shall also be included on the Material Safety

Data Sheet. This list must be updated during performance of the contract whenever the

Contractor determines that any other material to be delivered under the contract is hazardous.

If after award, there is a change in the composition of the item(s) or a revision to

Federal Standard No.313, which renders incomplete or inaccurate the data submitted as a part of the proposal, then the Contractor shall promptly notify the District and resubmit the data.

The District may duplicate the data provided and use it as it deems necessary.

5.18. DELIVERIES

All Deliveries are subject to the following specifications. FAILURE TO DELIVER IN ACCORDANCE

WITH THESE SPECIFICATIONS SHALL CONSTITUTE UNSATISFACTORY SERVICE. The District may discontinue service upon 36 (Thirty-six) -hours’ notice for reason of unsatisfactory service;

A. Timely delivery of all orders is expected. A “late delivery” is defined as a delivery outside of the agreed upon delivery date.

B. Frequent occurrences may result in cancellation of the Agreement If the Contractor is unable to meet confirmed delivery date(s).

C. The District reserves the right to refuse a late delivery and will assume no financial obligation if the delivery is refused.

D. The Contractor must guarantee a 99.5% fill rate for all District orders. For any District order, if the awarded Contractor is unable to perform under the terms of the Agreement, or if it fails to deliver any items ordered within the prescribed timelines, the District reserves the right to cancel any order(s) or purchase the item(s) on the open market, and to request and receive payment from the Contractor for the difference between the contract price and the price the District pays on the open market.

E. A duplicate of the signed invoice or delivery slip shall be left at the location at the time of the delivery. An itemized monthly statement showing each delivery location must be sent to the District’s Campus Catering department.

5.19. NEW EQUIPMENT

The District will only consider NEW equipment; no product shall be remanufactured or recycled as this equipment will have to produce for many years with heavy volume/ use. For purposes of this solicitation “NEW” is defined as what is freshly made and unused and further defined as newly assembled for first time use with new components. Remanufactured, refurbished or previously owned equipment will not be accepted.

6. Pricing Proposal

BID 3089 - KITCHEN EQUIPMENT

Use comments section for substitutions of equal specifications.

No Bid Line Item Description/Model Quantity Unit of

Measure Unit Cost Shipping/Freight

Cost Total Lead Time Comments

1 2 Drawer Under

Counter Warmer -

RW-2HD

1 EA

2 3 Drawer Under

Counter Warmer

1 EA

3 4 Drawer Under

Counter Warmer

1 EA

4 Warmer/Transport

Cart - PH1840 - 13

AMPS, NEMA 5-15

PLUG, 120 Volt

1 EA

5 Milk Cooler (16

Case Capacity) -

TMC-58-DS-SS

1 EA

6 Reach-In Freezer -

3 Door - RLT 332-

WUT-FHS

1 EA

7 Reach-In Freezer -

2 Door - RLT

232NUT-FHS

1 EA

8 Reach-In Fridge - 2

Door TALL - RHT-

232NUT-FHS

1 EA

9 Reach-in Fridge - 1

Door - RHT 132

WUT-FHS

1 EA

10 Dutchess JN Semi-

Automatic Dough

Divider Rounder, 1 phase, 120v

1 EA

11 Dutchess JN Semi-

Automatic Dough

Divider Rounder, 3 phase 230v

1 EA

No Bid Line Item Description/Model Quantity Unit of

Measure Unit Cost Shipping/Freight

Cost Total Lead Time Comments

12 Dutchess Manual

Dough Divider

BMIH

1 EA

13 Dutchess 36-part

Divider, C4-436-

0053, 36part

Dough Divider

Head with Pallets

1 EA

14 Dutchess Bakers

C4-436-0051, 18-part Dough Divider

Head with Pallets

BID 3089 - OVENS

Use comments section for substitutions of equal specifications.

No Bid Line Item Description/Model Quantity Unit of

Measure Unit Cost Shipping/Freight

Cost Total Lead Time Comments

1 Rational Combi

Oven - Electric - 10

Full size sheet pans

1 EA

2 Rational Combi

Oven - Electric - 20 full size sheet pans

1 EA

3 Combi Oven - Gas -

10 full size sheet pans Rational

1 EA

4 Combi Oven - Gas -

20 full size sheet pans - Rational

1 EA

5 Rational Mobile

Stand, 60.31.165

1 EA

6 Rational Stationary

Stand, 60.31.086

1 EA

7 Convection Oven -

Natural Gas -

Double Door -

Montague -

Vectaire #2-115A

No Bid Line Item Description/Model Quantity Unit of

Measure Unit Cost Shipping/Freight

Cost Total Lead Time Comments

8 Convection Oven -

Propane - Double

Door - Montague -

Vectaire #2-115A

7. Vendor Questionnaire

7.1. How many years of experience does your company have in providing these products and or services to child nutrition programs in the State of California? *

Maximum response length: 2000 characters

*Response required

7.2. Are you licensed or authorized to do business in the State of California? * ☐ Yes

☐ No

*Response required

7.3. Provide California License Number or proof of ability to do business in the state of California.*

Maximum response length: 200 characters

*Response required

7.4. Vendor agrees to adhere to all mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.

§ 6201)*

☐ Please confirm

*Response required

7.5. Have you ever been debarred by any State and Federal? *

☐ Yes

☐ No

*Response required

7.6. Attach your most recent Profit and Loss statement to demonstrate evidence of your ability to provide the required products and / or services.

*Response required

7.7. Provide a general description of how your company will be able to provide the experience, ability, and financial standing necessary to meet the requirements set forth in this Bid.*

Maximum response length: 5000 characters

*Response required

7.8. During the prior school year, how many K-12 school districts did you service in California?*

*Response required

7.9. Provide a complete list of School District’s that have discontinued or terminated your company’s services in the last five years and the reason(s) why.*

*Response required

7.10. Various Documents required and MUST be signed, dated and submitted with Bid.*

Please download the below documents, complete, and upload.

• Kitchen_Equipment_-_Require...

*Response required

7.11. Proposal Acknowledgement Form MUST be completed and included with Bid submittal.*

Please download the below documents, complete, and upload.

• BID_3089_-_Proposal_Acknowl...

*Response required

7.12. I confirm information is accurate on the Proposal Acknowledgement Form.* Verify all information included on the form is current and accurate.

☐ Please confirm

*Response required

7.13. I have read the entire solicitation including terms and conditions and agree to all.*

☐ Please confirm

*Response required

7.14. I understand only electronic bid submittals via CUSD's ePorcurement Portal will be accepted.*

☐ Please confirm

*Response required https://government-project.s3.us-west-2.amazonaws.com/135243/a1716c0b-497a-45c4-8d31-1522f87cb60d_Kitchen_Equipment_-_Required_Signature_Documents_-_Various_Forms.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4O2F4X5R5%2F20260722%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260722T173909Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEBEaCXVzLXdlc3QtMiJIMEYCIQDcG7EOiUgq7e8Mfo1kdZ24Xb5r8qtthzzZwuIXHoPNlQIhALMh9qvuQh5uDvrcZFyB1UZXPjK5WaK50y0KBaus89CTKpUFCNr%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgwvPSMhxb%2FBNWEsLHcq6QQsFbC8GC%2BLm7gmdFYpk3j%2B67oLPW6AoCbahhg8xdYW5gygfju5%2ByDmX0n%2BNkxITuWJraIgguBcrUUh%2FON1SQqT3egt%2BAIraAMaC%2B4tHVhPbtb5%2BphLe4FCtaSwHwHlHLk6FNw6xSQfA2fJxhOVREoEu7N2nCypYbebCzsVdlF5HCw4sr8Iiufw1RHfQFoDaDIZThOrlIOWMEKVhf8WkMA9fZJGYi12GatRZjTjFMmqr8OXe1F1UvhtPX7wbejsq2DQVcKeOPwf7h9s%2FY%2FDf7Ng37%2Fa%2B4BhK3oMeFKvFmqarA7PdR8lrn9ucZcr3oPRZue79IHG%2B4Hxx0LoMpJwKrs3sQKdAMnNl3uOkDIDV%2F%2BvUhILfKXO4imRIu3v7fBrkZIlJmP7j5Y5pC6L2on2kd%2BBnfn4JnbIXb8dppEj%2FNnHme6Z6nnMXakvFeo%2BqG9oDvvRX9lPFRMdmCFqzv38KYu34bgfwG8qKRmNwVjfjE5%2FWvSv%2F16BqTVUgAFRCAIgt8HtzK1aDkSRWLscqJ395i%2BM4QLby1LTFg6eR0tgO3BJ4Nn1zHrtJnsyAVNcspIcuEtpV5iDAg8heDf2ZD5FJmX54%2B4CQy9y%2FRR8ARI%2FO56EqIhdbmxCea21aKaCgLbBAfRjGglR5Ol74VaqX0KTEvTdCEs%2FdWvipSXM8OR69DXyL6NtBEEpnh9GHWlNZmCR4rVwWI8MJ5fd5tOCAnYVqqxcOiM%2Fgq%2FKw7ZiNqIYTM1zc6OHFuET0sbjehsjcrxWdE9uRy5APWexKC4liOlt1yRT2X6NMoKQfs8rrSpNT%2FVS9SM1hEG%2BhdflbDC144PTBjqYAQcWSGsaNoJqi3b5bUhwEd%2B8uFcOMws43kxquS6L%2Bv%2BrmPVEm%2F84rbs0blkfrn%2F1AjVd6446TYIoaps3eOnn5SwWhVJF8aYrDXfx9P4ToF8uth3LYeR5%2FttBojSSIxu6BkTwJ9kDlWtv1f7X%2BnQWrev%2Bkhh36R8OUqryWu7RomD0MprMThZLBEP0SlmeJDn2IMyLIhUMP25A&X-Amz-Signature=0262929e04b8f88308f2d1042f805c2ea8f218c588a9122793e342c0947cc714&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Kitchen_Equipment_-_Required_Signature_Documents_-_Various_Forms.pdf%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/272676/ab70587b-06af-43b8-bdcb-8f6fd005d627_BID_3089_-_Proposal_Acknowledgement_Form.pdf