Maintenance_Supplies,_Materials,_and_Related_Repairs_(Addendum_#1_Revision).pdf

INVITATION FOR BID

MAINTENANCE SUPPLIES, MATERIALS, AND RELATED REPAIRS

26-229

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: June 18, 2026 DEADLINE FOR QUESTIONS: July 2, 2026

RESPONSE DEADLINE: August 4, 2026, 12:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/milpitas-ca https://www.milpitas.gov/264/Bid-Opportunities

The City of Milpitas

Maintenance Supplies, Materials, and Related Repairs

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 D - Maintenance_Supply_Examples

Maintenance Supplies, Materials, and Related Repairs 26-229

I. Notice Inviting Bids

I.A Public Notice

Notice is hereby given that the City of Milpitas (“City”) will receive electronic bids for Maintenance Supplies, Materials, and Related Repairs until Tuesday, August 4, 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 subcontractors, of any tier, shall maintain active registration with the Department of Industrial https://www.milpitas.gov/264/Bid-Opportunities https://procurement.opengov.com/portal/milpitas-cs

Maintenance Supplies, Materials, and Related Repairs 26-229

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 Contact Information

For further information regarding this IFB, please contact:

David Gardner

Buyer dgardner@milpitas.gov

II. Introduction

II.A Summary

Through this Invitation for Bids (IFB), the City of Milpitas is seeking to award blanket purchase orders for a five-year term to qualified Vendors for as-required Maintenance, Repair, and Operating (MRO) supplies, equipment, tools, parts, and services. The City requires these for various maintenance purposes, including, but not limited to, streets, utilities, parks, trees and landscaping, fleet, and facilities. To ensure that the City's diverse requirements are fully met and that there are adequate capacity and capability to meet these needs, the City intends to award multiple blanket purchase orders for each supply category. Vendors may submit bid responses for one or more supply categories as set forth in this IFB based on their product offerings and expertise. See Scope of Work and the remainder of this IFB, including Attachments, for additional details and requirements.

Please Note: Receiving an award of contract for this IFB does not guarantee that the awarded Vendor will receive City orders.

II.B Timeline

All times shown are Pacific Time.

Release Date June 18, 2026

Question Submission Deadline July 2, 2026, 12:00pm

Bid Submission Deadline August 4, 2026, 12:00pm

Maintenance Supplies, Materials, and Related Repairs 26-229

III. Scope of Work

III.A Maintenance Supplies and Materials Scope of Work

Through this IFB, the City seeks to award contracts to multiple Vendors per the supply categories specified herein. Awarded Vendors shall provide a reliable, ongoing supply of maintenance, repair, and operating (MRO) goods and services to the City on as-requested basis. Vendors may submit bid responses for one or more supply categories as set forth in this IFB.

Sustainability Requirements

For paper products, the City is committed to sustainability and seeks to partner with Vendors who share this commitment by offering eco-friendly supply solutions and practices. Awarded Vendors shall support the City by helping to improve operational efficiency, reduce waste, and ensure that all paper products meet a high standard of quality while adhering to budgetary constraints. All janitorial paper products supplied must comply with applicable federal, state, and local laws, regulations, ordinances, and policies related to environmental sustainability, recycled-content procurement, and reporting requirements, including California Senate Bill 1383 and Assembly Bill 661.

All awarded Vendors must comply with the following recycled-content standards for janitorial paper products:

• Minimum Postconsumer Recycled Content: Unless the cost of the postconsumer recycled-content product is 10% or greater than non-compliant products, janitorial paper products shall contain at least the minimum percentage of postconsumer recycled-content fiber required by AB 661 for the applicable product category, including but not limited to:

o Toilet paper: 45% o Paper towels and general-purpose paper wipers: 40% o Facial tissue: 10% o Toilet seat covers: 20%

• Written Confirmation of non-compliance or non-availability: If a Vendor is unable to provide a paper product that meets the applicable recycled-content requirement, or where the complaint product is not available within 10% of the cost of the non-compliant alternatives, the Vendor shall provide written documentation to the City identifying the product, the reason for non-compliance, and any efforts made to obtain a compliant alternative.

• Invoice Disclosure: All Vendor invoices for City purchases must include the post-consumer recycled content percentage for each applicable product.

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• Documentation and Audit Rights: Vendors shall maintain records sufficient to demonstrate compliance with these requirements and shall provide supporting documentation upon request.

For illustrative examples and more detail regarding specific maintenance supplies, please refer to Attachment D – Maintenance Supply Examples. This following list is intended as a guide only and is not all-inclusive. If you offer goods not specifically mentioned that you believe the City may use, you may include those in your bid response for the applicable supply category.

Category 1 — General MRO Supplies and Facilities Maintenance Supplies

Supplies needed to keep City buildings and grounds in good working order such as the following:

• Plumbing, HVAC, electrical, paint, and flooring supplies

• Custodial and janitorial supplies for City facilities

• Air filters, HVAC parts, CO₂, and pool chemicals

• Backup power system components and building system parts

• Chemicals and other miscellaneous facility maintenance items

Category 2 — Fleet Maintenance Supplies

Parts and consumable supplies needed to keep City vehicles and motorized equipment operational such as the following:

• Automotive parts, lubricants, fluids, and filters

• Tires and consumable supplies for City vehicles

• Supplies and parts for police vehicles, fire apparatus, construction equipment, and mowers

• Communication radio parts and supplies

• OEM (Original Equipment Manufacturer) parts for City fleet vehicles

Category 3 — Park and Landscaping Maintenance Supplies

Supplies needed to maintain City parks, open spaces, and landscaped areas such as the following:

• Plumbing, paint, and electrical supplies for park facilities

• Aggregate materials, plants, shrubs, and trees

• Park site amenities and fixtures

• Irrigation system components and turf maintenance supplies

• Chemicals and other miscellaneous park and landscape maintenance items

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Category 4 — Utility Operations and Maintenance Supplies

Supplies needed to maintain the City's water, wastewater, and utility infrastructure such as the following:

• Waterworks and electrical parts, supplies, and accessories for utility systems, including water distribution systems, storm and sanitary sewer collection systems, pump stations, reservoirs.

• Water quality testing and treatment supplies and chemicals

• Aggregate materials for utility infrastructure maintenance

Category 5 — Street Maintenance Supplies

Supplies needed to maintain City streets, traffic systems, and public right-of-way infrastructure such as the following:

• Electrical supplies for street systems

• Pavement marking materials and traffic signs

• Traffic intersection equipment and streetlight components

• Aggregate materials for street and pavement maintenance

Operational Considerations — Non-Licensed Related Services

Awarded Vendors may be asked to perform related service tasks that do not require a Contractor's (CSLB) license. Services may be incidental to the purchase of goods and materials, or goods and materials may be incidental to the non-licensed service. Services incidental to goods and materials must be performed by Vendor providing the maintenance supplies. Goods and materials incidental to services must be provided by Vendor providing the service.

Vendors must be authorized to sell the materials and supplies and must be an authorized service provider, where applicable, for the service being performed. It is expected that the service portion for each order will not exceed $10,000 since this is only for incidental services, not for major repairs and service orders.

All services performed must comply with applicable City standards, safety requirements, and any relevant local, state, or federal regulations. The City reserves the right to request documentation or verification that any work performed falls within the scope of non-licensed activity.

Vendors must provide all applicable pricing (e.g., individual service prices and/or labor rates by classification) in a pricing sheet uploaded to Vendor Questionnaire #16.

Products Falling Under Multiple Supply Categories

In instances where a product may be categorized under multiple supply categories, the same discount off of list price should be applied to both categories unless a flat discount off of list

Maintenance Supplies, Materials, and Related Repairs 26-229 cannot be provided for all products in that supply category, in which case, Vendor shall specify the lowest discounted product in the service category and attach additional details to Question 15.

Shipping/Freight

Where supplies are to be delivered to the City, all shipping, freight, and delivery charges shall be charged to City at Vendor's costs but must not exceed 12% of the gross value of the order, i.e., excluding freight and sales tax. In the event that actual shipping or freight costs exceed the 12% maximum stated above, the Vendor shall absorb the difference between the actual freight cost and the allowable cap. The Vendor shall not invoice the City for any shipping or freight charges in excess of this allowance without the City's prior express written authorization. Any invoice submitted in excess of the allowable threshold, and without such prior written authorization, shall be subject to withholding or rejection by the City. Shipping and freight charges shall be itemized as a separate line item on each invoice submitted to the City and the City reserves the right to request documentation demonstrating Vendor's actual shipping/freight costs at the City's sole discretion.

Orders

City shall place orders on an as-needed basis with awarded Vendors. The City reserves the right to request pricing from multiple awarded Vendors to obtain the best value.

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.

IV.A Bidder Contact Information * Please provide your (the person submitting this IFB) name, title, direct phone number, and email address.

Additionally, please provide your designated Account Manager and backup (name, title, phone number, and email address) for placing orders should you receive an award of contract.

*Response required

IV.B Time is of the Essence* Time is of the essence for each and every provision of this Agreement/Contract. Vendor 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 either this solicitation or the attached Agreement/Contract. By confirming this question, Vendor

Maintenance Supplies, Materials, and Related Repairs 26-229 understands that failure to provide any and all documents, including but not limited to, forms, subcontractor information, bonds, insurance, and quotes within ten (10) business days of the close of this solicitation may result in the disqualification of their bid/proposal.

☐ Please confirm *Response required

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

*Response required

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

*Response required

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

*Response required

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

*Response required

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

*Response required

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

*Response required

IV.O (Optional) Additional Pricing Details This section is designated for Vendors who are unable to offer a uniform flat discount across all products within a Supply Category, or for instances where a product is classified under multiple Supply Categories and the applicable discount must be identified for each. Once the Vendor-

Maintenance Supplies, Materials, and Related Repairs 26-229 created price sheet is completed, please have it signed by an authorized signer for your firm (e-signature is fine) and attach it here as your response.

IV.P (Optional) Operational Considerations — Non-Licensed Related Services Please review the instructions in the Scope of Work -Operational Considerations - Non-Licensed Related Services Section carefully to ensure that you follow the requirements. Once the Vendor-created price sheet is completed, please have it signed by an authorized signer for your firm (e-signature is fine) and attach it here as your response.

V. Pricing Proposal

CATEGORY ONE -

Vendor shall provide a percentage discount off list price. If Vendor provides tiered discounts or cannot provide a fixed discount for all products in a given category, the lowest percentage discount should be provided and a pricing sheet specifying the tiers or applicable discounts by product should be uploaded as an attachment to Question 15 - Additional Pricing Details. If a

Vendor is bidding at list price and providing no discount, Vendor should specify 0%. Pricing for related repairs that require no Contractor's license should be uploaded as an attachment to

Question 16 - Operational Considerations - Non-Licensed Related Services.

Line Item Description Unit of Measure Percentage No Bid

1 MRO and Facility Maintenance Supplies

Discount off List

CATEGORY TWO -

Vendor shall provide a percentage discount off list price. If Vendor provides tiered discounts or cannot provide a fixed discount for all products in a given category, the lowest percentage discount should be provided and a pricing sheet specifying the tiers or applicable discounts by product should be uploaded as an attachment to Question 15 - Additional Pricing Details. If a

Vendor is bidding at list price and providing no discount, Vendor should specify 0%. Pricing for related repairs that require no Contractor's license should be uploaded as an attachment to

Question 16 - Operational Considerations - Non-Licensed Related Services.

Line Item Description Unit of Measure Percentage No Bid

2 Fleet Maintenance Supplies Discount off List

CATEGORY THREE -

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Vendor shall provide a percentage discount off list price. If Vendor provides tiered discounts or cannot provide a fixed discount for all products in a given category, the lowest percentage discount should be provided and a pricing sheet specifying the tiers or applicable discounts by product should be uploaded as an attachment to Question 15 - Additional Pricing Details. If a

Vendor is bidding at list price and providing no discount, Vendor should specify 0%. Pricing for related repairs that require no Contractor's license should be uploaded as an attachment to

Question 16 - Operational Considerations - Non-Licensed Related Services.

Line Item Description Unit of Measure Percentage No Bid

3 Park and Landscaping Maintenance

CATEGORY FOUR -

cannot provide a fixed discount for all products in a given category, the lowest percentage discount should be provided and a pricing sheet specifying the tiers or applicable discounts by product should be uploaded as an attachment to Question 15 - Additional Pricing Details. If a

Vendor is bidding at list price and providing no discount, Vendor should specify 0%. Pricing for related repairs that require no Contractor's license should be uploaded as an attachment to

Question 16 - Operational Considerations - Non-Licensed Related Services.

Line Item Description Unit of Measure Percentage No Bid

4 Utility Operations and Maintenance

CATEGORY FIVE -

cannot provide a fixed discount for all products in a given category, the lowest percentage discount should be provided and a pricing sheet specifying the tiers or applicable discounts by product should be uploaded as an attachment to Question 15 - Additional Pricing Details. If a

Vendor is bidding at list price and providing no discount, Vendor should specify 0%. Pricing for related repairs that require no Contractor's license should be uploaded as an attachment to

Question 16 - Operational Considerations - Non-Licensed Related Services.

Line Item Description Unit of Measure Percentage No Bid

5 Street Maintenance Supplies Discount off List

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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.

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.

https://procurement.opengov.com/portal/milpitas-ca) https://opengov.my.site.com/support/s/contactsupport http://support.opengov.com/ mailto:support@opengov.com https://procurement.opengov.com/portal/milpitas-cs

Maintenance Supplies, Materials, and Related Repairs 26-229

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 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.

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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.

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.

https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.15LOPUPR

Maintenance Supplies, Materials, and Related Repairs 26-229

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.

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.

Maintenance Supplies, Materials, and Related Repairs 26-229

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 blanket purchase orders to the lowest cost, responsive and responsible Vendor(s) based on the discount off of list price offered for each Supply Category. Vendors may submit bid responses for one or multiple Supply Categories. The City reserves the right to accept or reject any and all bids.

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 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, Maintenance Supplies, Materials, and Related Repairs 26-229

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.

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. For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the

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.

https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR

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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.

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

Awarded Vendors must 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

Awarded Vendors must 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.

https://bizfileonline.sos.ca.gov/search/business https://www.milpitas.gov/241/Business-License-Center