Repair and Maintenance of Movable Walls at the Anaheim Convention Center.pdf

INVITATION FOR BID

REPAIR AND MAINTENANCE OF MOVABLE WALLS

AT THE ANAHEIM CONVENTION CENTER

26-27-03

IFB SCHEDULE

Release Date August 26, 2026

IFB | REPAIR AND MAINTENANCE OF MOVABLE WALLS AT THE ANAHEIM CONVENTION CENTER

Pre-Bid Meeting (Mandatory) September 15, 2026, 10:00am

** Attendance is mandatory to be able to bid on this project **

Sign in starts at 9:45 AM, we will begin promptly at 10:00 AM.

Note: No late arrivals. Participants arriving after the meeting has started will not be eligible for award consideration.

Please inform the parking cashier that you are here for a job walk. Meet outside the Central

Service Facility building.

Bidders must stay for the entire job walk.

Meeting Location Address:

Central Service Facility (CSF) building

1850 So West Street

Anaheim CA 92802

Question Submission Deadline September 22, 2026, 2:00pm

Bid Submission Deadline September 29, 2026, 2:00pm

1. Divider

1.1. GENERAL INFORMATION

1.1.1. INTRODUCTION

The City of Anaheim, Convention/Sports/Entertainment, (hereinafter referred to as City) is requesting competitive bids from qualified vendors (hereinafter referred to as Bidder) for REPAIR AND

MAINTENANCE OF MOVABLE WALLS AT THE ANAHEIM CONVENTION CENTER. The awarded

Contract, (hereinafter referred to as Contract) will be between the City and awarded Bidder, (hereinafter referred to as Contractor) in accordance with the City Master Agreement Terms & Conditions, conditions and scope of work. This is a fully electronic solicitation – only electronic bids submitted through the City’s online bidding system will be allowed; no other form of bid submittals will be accepted. Prior to submitting a bid, Bidders are advised to carefully read the instructions below, including the City Master

Agreement Terms & Conditions and any solicitation attachments and/or exhibits.

1.1.2. IMPORTANT NOTICE

The City has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for clarification/interpretation to the City via the City’s online biding system.

1.1.3. IMPORTANT DATES

These dates only apply to IFB# 26-27-03

Release Date: August 26, 2026

Pre-Bid Meeting (Mandatory): September 15, 2026, 10:00am

** Attendance is mandatory to be able to bid on this project **

Sign in starts at 9:45 AM, we will begin promptly at 10:00 AM.

Note: No late arrivals. Participants arriving after the meeting has started will not be eligible for award consideration.

Please inform the parking cashier that you are here for a job walk. Meet outside the Central

Service Facility building.

Bidders must stay for the entire job walk.

Meeting Location Address:

Central Service Facility (CSF) building

1850 So West Street

Anaheim CA 92802

Question Submission Deadline: September 22, 2026, 2:00pm

Bid Submission Deadline: September 29, 2026, 2:00pm

1.1.4. COMMUNICATION

Bidders are not to contact other City personnel with any questions or clarifications concerning this

Invitation for Bid (IFB). City will provide all official communication concerning this IFB. Any City response relevant to this IFB other than through or approved by City is unauthorized and will be considered invalid.

All questions regarding this IFB must be submitted via the City’s eProcurement Portal at:

https://procurement.opengov.com/portal/anaheim.

1.1.5. CLARIFICATION/INTERPRETATION

If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on City’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City. All addenda will be submitted and posted on the City’s online bidding system. It is the responsibility of each Bidder to periodically check the City's online biding system to ensure that they have received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received by Tuesday, September 22, 2026 before

2:00 pm.

https://procurement.opengov.com/portal/anaheim

1.1.6. REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine the solicitation contents, including the City Master Agreement Terms & Conditions and Scope of Work. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract. The

City Master Agreement Terms & Conditions contained in this solicitation is the Contract proposed for execution. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

1.1.7. RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the VENDOR

QUESTIONNAIRE.

1.1.8. BID SUBMISSION

Electronic Bids shall be submitted via the City’s online bidding system via the following link https://procurement.opengov.com/portal/anaheim. All required sections of the IFB as listed above, must be submitted via the City’s eProurement Portal. Bidder is solely responsible for “on time” submission of their electronic bid. The City will not accept late bids and no exceptions shall be made. City will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by City until after the IFB deadline. If you encounter any problems with your registration, system, bid submission, or other system issues please contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

1.1.9. SUBMITTALS

A. Upon recommendation of Contract award, Bidder will be required to submit the following documents within seven (7) days of City notification, unless otherwise specified in the solicitation:

1. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); for coverage requirements refer to the Bonding and Insurance Requirements section of the City

Master Agreement Terms & Conditions.

2. Out of State Vendors may be required to submit a 587 Form.

B. Provide Labor and Materials Bond AND Performance Bond each equal to 100% of the awarded annual contract value within 10 calendar days after receipt of Master Agreement award.

Acceptable sample forms attached. Note: City may consider the removal of the performance bond requirement after the successful completion of the second year of the initial term of the agreement.

C. The award Master Agreement Contract shall be signed by the authorized signatory no later than 7 days from receipt of DocuSign email notice.

D. Bid Bond is due at the time of bid submittal.

https://procurement.opengov.com/portal/ocgov/projects/248269/document?section=2371807 https://procurement.opengov.com/portal/ocgov/projects/248269/document?section=2371807 https://procurement.opengov.com/portal/anaheim mailto:procurement-support@opengov.com

1.1.10. PRICING AND QUANTITIES

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the initial base period and must be inclusive of Prevailing Wage Rates, Delivery, Sales tax, tarrifs, disposal, governmental fees, etc. no other charges will be allowed.

B. Mark-Up on Materials, Rental Equipment, and Subcontractors:The mark-up on these items will remain firm for the life of the contract, including any renewal periods. Mark-up will be calculated based on the Contractor’s actual cost, in no case shall the markup exceed 30%. The

City reserves the right to request verifiable evidence of costs for any invoice equal to or exceeding

$1,000.00 USD.

C. Addenda: Bid prices offered shall reflect all addenda issued by City. It is the bidder’s responsibility to review all issued addenda

D. Scope of Work: Bids shall be submitted only for the items and/or services as stated in the Scope of Work, Attachment A; bids for other than the items and/or services listed will not be considered.

E. Firm Prices: The City will only consider firm price bids.

F. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

G. Price Decreases: All price/rate decreases will automatically be extended to the City. Please reference Paragraph – Price Increase/Decrease provision for additional information.

H. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the City.

I. PRICING AGREEMENT:

1. Pricing for the initial base year period shall remain fixed.

2. Price changes after the base year period shall be negotiated each renewal period but shall not exceed the most recent available month for the Los Angeles-Long Beach-Anaheim, CA

Consumer Price Index (CPI) for All Urban Consumers for non-labor, and Urban Wage earners and Clerical Workers for labor.

3. In the event of future changes in government-mandated wages (e.g., increases in minimum wage or prevailing wage requirements, if applicable) that result in the Contractor’s employees being paid less than the newly required hourly rate(s), the Contractor may request an adjustment to labor charges to align with the new wage requirements. The City, at its sole discretion, may approve such an adjustment, but is not obligated to do so. Verifiable documentation must be provided to support the previous actual hourly rates and the requested adjustment to new rates.

J. QUANTITIES

1. City makes no commitment of any specific quantities during the term of the agreement.

Quantities shown in the eBid Line Items are annual estimates, hypothetical, and/or used to evaluate bid results.

K. TERM: The Contract award will be for an initial term of one year, unless earlier terminated by the City. The City shall have the option to renew the Contract for up to four (4) additional one-year periods with each renewal term also subject to earlier termination by the City.

1.1.11. NO SUBSTITUTION

The bidder is required to meet all specifications and requirements contained in this solicitation. No substitutions will be accepted, unless prior City written approval is received.

1.1.12. DISCREPANCIES

Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the City.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.

1.1.13. Waivable Informality

The City reserves the right to waive any informality or irregularity in any bid or proposal, provided such waiver does not result in a material deviation from the requirements of the bid or proposal. The City, at its sole discretion, may accept a bid that contains minor defects or discrepancies as long as such defects or discrepancies do not affect the fairness, competitiveness, or outcome of the bid process. Any bid with minor noncompliance or errors may be corrected and considered for evaluation, unless such correction would alter the intended outcome of the bid or give the bidder an unfair advantage.

1.1.14. BID EXPENSES

The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet.

Pre-contractual expenses are defined as, but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB.

B. Submitting that bid to the City.

C. Negotiating with the City any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

1.1.15. PROTEST PROCEDURES

Any actual or prospective bidder or proposer who alleges an error or impropriety in the solicitation or award of a contract may submit a protest to the appropriate Procurement Contact as set forth herein.

Protest Instructions

All protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein and emailed to the Assigned Buyer/Purchasing Liaison. All protests shall include, at a minimum, the following information:

A. The name, address, telephone number, and email address of the protester;

B. The signature of the protester or the protester’s representative;

C. The solicitation number;

D. A detailed statement of the legal and/or factual grounds for the protest; and

E. The form of relief requested.

Protest of the Solicitation Specifications

All protests related to the solicitation specifications must be submitted to the appropriate soliciting department’s Assigned Buyer/Purchasing Liaison no later than three (3) business days prior to the close of the solicitation.

A. Protests received after the three (3) business days deadline will not be considered by the City.

B. In the event the protest of specifications is denied, and the protester wishes to continue in the solicitation process, they must still submit a bid or proposal prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in the solicitation.

Protest of Award of Contract

A protest for an award of contract in relation to a solicitation must be received no later than three (3) business days after the Notice of Award is posted on the City’s online bidding system.

A. Protests relating to a proposed contract award received after the three (3) business day deadline will not be considered by the City.

B. If the three (3) business day period expires without the receipt of a protest, the department may move forward with the Contract award or if necessary, file the item for approval by the City

Council.

Protest Process

In the event of a timely protest, the City shall not proceed with the solicitation or award of the contract until the Procurement Contact issues a decision on the protest.

A. Upon receipt of a timely protest, the Assigned Buyer/Purchasing Liaison will within five (5) business days of the receipt of the protest, issue a decision in writing which shall state the reason for the actions taken.

B. The City may, after providing written justification to be included in the purchasing file, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the City. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

C. If the protester disagrees with the decision of the Procurement Contact, the protester may submit a written notice to the City of Anaheim Purchasing Agent requesting an appeal.

Appeal Process

A. If the protester wishes to appeal the decision of the Procurement Contact, the protester must submit, within three (3) business days from the receipt of the Procurement Contact decision, a written appeal to the City of Anaheim Purchasing Agent.

B. All appeals must be emailed to purchasing@anaheim.net.

C. Within ten (10) business days, the City of Anaheim Purchasing Agent will review all materials in connection with the appeal, assess the merits of the appeal and provide a written determination that shall contain their decision. The decision of the City of Anaheim Purchasing Agent will be final.

1.1.16. ACCEPTANCE/REJECTION/AWARD

Acceptance/Rejection/Award

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law. The City shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the City.

B. The lowest responsive, responsible Bidder will be recommended for contract award.

C. Bids will be reviewed by the City for responsiveness to all requirements. The City has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.

D. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

E. Please take notice, exceptions or non-acceptance of the City terms and conditions, incorporated in the City Master Agreement Terms & Conditions, may deem a bid non-responsive. City may not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

F. Final award determination shall be based upon the lowest responsive, responsible bid, and may also include a review of Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of City terms and conditions. In addition, City reserves the right to verify and validate any information prior to Contract Award and during the entire term of the Contract.

G. By submitting a response to this solicitation, Bidders agree to accept the decision of the City as final.

H. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

1.1.17. RIGHTS RESERVED TO CITY

The City reserves the right to:

A. Waive, at its discretion, any irregularity or informality, which City deems correctable or otherwise not warranting rejection of the bid.

B. City reserves the right, at its sole discretion, to make multiple awards to Bidders for services requested in this solicitation.

mailto:purchasing@anaheim.net

C. Accept or reject in whole or in part any or all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interest of the City may require.

D. Negotiate the final Contract with the lowest, responsive and responsible Bidder or Bidders as necessary to serve the best interests of the City.

E. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representation that any contract will be awarded to any Bidder responding to this solicitation.

F. Award its total requirements to one Bidder or to apportion those requirements among two or more

Bidders as the City may deem to be in its best interests; therefore, bids must be provided for each item separately; “all-or-none” bids will not be accepted unless in the best interest of the City.

1.1.18. UNFAIR PRACTICES AND OTHER LAWS

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section

17000 et seq.) and all applicable Local, State and Federal laws and regulations.

1.1.19. INDEPENDENCE OF BID

By submitting a bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

1.1.20. AMERICANS WITH DISABILITY ACT (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the City to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you must contact the buyer listed in the solicitation.

1.1.21. BID VALIDITY

Bids will be valid for a period of 180 days after IFB closing date.

1.1.22. Warranty

WARRANTY: The Supplier shall fully warrant all materials, equipment, and any optional items purchased by the City under the awarded Contract, Master Agreement and/or Purchase Order against defects in workmanship and quality of labor and materials for one year following the City’s final acceptance, unless otherwise specified. Additional warranty provisions specific to this IFB may be detailed in the Scope of

Work section.

1.1.23. Bonding and Insurance Requirements

Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to the City (samples will be included in the documents).

Checks or letters of credit will not be accepted in lieu of bonding. When services are provided to the

City, City’s standard insurance requirements (shown below) shall apply, unless otherwise indicated in the bid specifications or an approved exception is granted by the Risk Manager for the City.

• Comprehensive General Liability Insurance: In an amount no less than $2,000,000 per occurrence/$4,000,000 Aggregate. This coverage is primary over any coverage maintained by the

City.

• Auto Liability Insurance: In an amount no less than $2,000,000 per occurrence combined single limit (CSL). This coverage is primary over any coverage maintained by the City.

• Workers' Compensation Insurance: As required by State statutes and Employer Liability

Coverage in an amount no less than $1,000,000. A Waiver of Subrogation is required for

Workers’ Compensation coverage.

Coverage Minimum Limits

Commercial General Liability $2,000,000 occurrence

$4,000,000 aggregate

Automobile Liability including coverage for owned, non-owned and hired vehicles

$2,000,000

Combined single limit Per Occurrence

Workers' Compensation Statutory

Employers' Liability Insurance $1,000,000

Contractor is responsible for the satisfaction of any applicable deductible or self-insured retention (SIR), which if exceed $10,000, must be disclosed and approved by the City’s Risk Manager prior to the inception of this Agreement.

Excess/Umbrella insurance can be used to satisfy the minimum insurance requirements subject to the review and approval of the City’s Risk Manager.

Contractor agrees that required insurance shall not be voluntarily cancelled or limited in scope by

Contractor until after thirty (30) days prior written notice has been given to the City Clerk, City of

Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non-payment of premium, which requires notice of not less than ten (10) days.

Each insurance policy required by this Agreement, except Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:

“It is agreed that any insurance maintained by Contractor pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim.”

“The City of Anaheim is included as additional insured with respect to the scope of work, operations, and/or activities of the Named Insured, performed under this Agreement with the City of Anaheim.”

Insurance certificates should state:

City of Anaheim Attn: Purchasing Division 200 S. Anaheim Blvd. Suite 620 Anaheim, CA 92805

Insurance certificates should be emailed to Insurance@anaheim.net.

Any insurance required under this Agreement must be written by an insurance company admitted to do business in California.”

The City’s Risk Manager is authorized to approve Contractor generated exceptions, to the above requirements as set forth herein in the event Contractor generated amendment or exception request as to a reduction in coverage or amendment to policy or coverage form is in the City’s best interest.

1.1.24. Bidder Qualifications

A. License and Certification Requirements:

1. At the time of bid submission and throughout the duration of any awarded contract, bidders must hold a valid D34 – Prefabricated Equipment license or D27 – Movable Partition, Pre-

Finished Wallboard, Prefabricated Screens license appropriate for the required work.

2. All services provided by Contractor shall be performed by a sufficient number of skilled, trained, licensed and experienced service technicians.

3. Have at least three references, with which the bidder has done similar work in the past three years. These references must be from facilities of similar or greater size.

4. The awarded contractor, including all subcontractors, must be registered with the Department of Industrial Relations (DIR) at the time the bid is submitted.

1.1.25. SAFETY DATA SHEETS

Contractor is required to provide a Safety Data Sheet (SDS) compliant with California Code of Regulations, Title 8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to City. The SDS for each substance must be sent to the City Project

Manager prior to use.

1.2. VENDOR QUESTIONNAIRE

1. COMPLIANCE CERTIFICATION QUESTIONS

1.1. I certify that I, the individual responding to this Bid, am an authorized representative with the authority to certify and submit the following legally binding statements in this Bid

Response on behalf of my company.*

☐ Please confirm

*Response required

1.2. Name, title, Email address and direct Phone Number of authorized representative certifying and submitting this Bid Response.*

*Name

*Title mailto:Insurance@anaheim.net

*Email

*Phone Number

Maximum response length: 200 characters

*Response required

1.3. Bid Validity.*

Bid will be valid for a period of 180 days after Bid closing.

☐ Yes

☐ No

*Response required

When equals "No"

1.3.1. If you selected No, how long will your bid be valid?*

*Response required

1.4. Company Legal Name and DBA, if applicable*

*Response required

1.5. Company Legal Status*

☐ Corporation

☐ Partnership

☐ Sole Proprietor

☐ Limited Liability Corporation

☐ Limited Liability Partnership

☐ Other

*Response required

1.6. If your company is incorporated, please include the name(s) and title(s) of the officers*

If this question does not apply to your firm, please respond by typing in "N/A."

*Response required

1.7. Full name, title, and contact details of the authorized contract signatory

Maximum response length: 200 characters

1.8. Length of time the firm has been in business*

*Response required

1.9. Length of time at current location*

*Response required

1.10. Regular Business Hours*

*Response required

1.11. Regular Holidays and Hours when business is closed:*

*Response required

1.12. Federal Taxpayer I.D. No:*

*Response required

1.13. In the event of an emergency or declared disaster, the following information is required:*

• Name of Contact individual during non-business hours:

• Telephone No:

• Fax Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

1.14. Conflict of Interest Statement*

The Political Reform Act (Government Code sections 81000 - 91014) and Government Code section 1090 prohibit any City public official or officer from involvement in a governmental decision or contract in which he or she has a financial interest.

It is the responsibility of the contractor, contractor’s employees, and subcontractors who perform work under contract with the City to evaluate any potential conflict of interests. Be advised that a prohibited conflict of interest may void any award where a conflict exists.

I, the undersigned, hereby certify that I have reviewed and understand the above paragraphs, and in furtherance of the foregoing, I have evaluated and caused my company’s employees and subcontractors to evaluate any potential conflict of interests. Based on this evaluation, I hereby further certify that no such conflict of interests exists.

☐ Please confirm

*Response required

1.15. Non-Collusion Declaration*

I represent the party (“Respondent”) making the foregoing bid (“Bid”) and declare as follows:

• The Bid is not made in the interest of or on the behalf of any undisclosed person, partnership, company, association, organization, or corporation;

• The Bid is genuine and not collusive or a sham;

• The Respondent has not directly or indirectly induced or solicited any other respondent to put in a false or sham Bid and has not directly or indirectly colluded, conspired, connived, or agreed with any other respondent or anyone else to put in a sham Bid or withhold from submitting a Bid;

• The Respondent has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the Bid price of the Respondent or of any other respondent or to fix any overhead profit or cost element of the Bid price, or of that of any other respondent, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; and

• All statements contained in the Bid are true, and further, that Respondent has not directly or indirectly submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with Respondent in the general business.

☐ Please confirm

*Response required

1.16. The Levine Act: City of Anaheim Campaign Contribution Disclosure*

Please download the below documents, complete, and upload.

• CAMPAIGN_CONTRIBUTION_DISCL...

*Response required

1.17. Contract Performance*

Address whether at any time during the past five years respondent has had a contract terminated for convenience, non-performance, or any other reason, or has been a party in a legal action involving a customer. Describe the situation(s) including name and address of contracting party and circumstances.

*Response required

1.18. Litigation in relation to the services provided to the City or other government entities in the past five (5) years*

Respondent must certify either Yes or No:

A. (Yes) Respondent certifies current/past litigation as follows:

1. Respondent shall provide detailed information regarding litigation (court and case number), liens, or claims involving Respondent, or any company that holds a controlling interest in

Respondent, in the past five (5) years.

B. (No) Respondent certifies that Respondent or any proposed subcontractors do not have any past or current litigation described above.

☐ Yes

☐ No

*Response required

When equals "Yes"

1.18.1. Respondent shall provide detailed information regarding litigation (court and case number), liens, or claims involving Respondent, or any company that holds a controlling interest in Respondent, against the City in the past five (5) years.*

*Response required https://government-project.s3.us-west-2.amazonaws.com/229854/a84c4fdd-2457-4f5d-95d1-d169f54f1ab0_CAMPAIGN_CONTRIBUTION_DISCLOSURE_FORM_CITY_2-2-26.docx

1.19. Statement of Compliance*

A. (Yes): Bidder certifies it is in strict compliance with this Bid, including, but not limited to the terms and conditions set forth in the City Master Agreement Terms & Conditions and its

Attachments, and no exceptions are proposed.

B. (No): Bidder certifies it is in strict compliance with this Bid, including the terms and conditions set forth in the City Master Agreement Terms & Conditions and its Attachments and Exhibits, except for those exceptions expressly listed as required by this Bid and attached hereto. Attachments for each proposed exception to this Bid, including, but not limited to the

Model Contract, must include:

1. The complete provision Bidder is taking exception to.

2. The Bid page number and section of the provision Bidder is taking exception to.

3. The suggested rewording (i.e., Microsoft Word track changes)

4. Reason(s) for submitting the proposed exception.

5. Any impact the proposed exception may have on the services to be provided.

☐ Yes

☐ No

*Response required

When equals "No"

1.19.1. Identify Contract Exceptions to be Considered Below:*

*Response required

1.20. W9 Form*

*Response required

1.21. Evidence of Insurance*

Upload proof of insurance demonstrating compliance with the City’s minimum coverage standards.

*Response required

1.22. References (minimum 3)*

Please Provide the following information for at least three (3) references:

Contractor shall submit at least three (3) references or letter of references where similar work of similar size is currently in process or recently completed. References must cover commodities or services performed by your company within the past three (3) years. Include name of firm, phone, and name of the contact person, a brief work/project description, and completion date. These references will be checked and could affect the award of the

Contract. References shall not be provided for department conducting the solicitation.

• Firm Name:

• Address:

• Contact Person:

• Phone Number:

• Email Address:

• Contract Description:

• Contract Term:

• Contract Amount:

*Response required

1.23. Safety Data Sheets (SDS)*

Contractor agrees to provide Safety Data Sheet (SDS) compliant with California Code of Regulations, Title

8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to City. The SDS for each substance must be sent to the City Project

Manager prior to use.

☐ Please confirm

*Response required

2. CERTIFICATION REGARDING DEBARMENT, SUPENSION,

PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS

(FORM)

"Principals," for purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager;

plant manager; head of subsidiary, division, or business segment; and similar positions).

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section

1001, Title 18, United States Code.

Bidder shall provide immediate written notice to the City if, at any time prior to contract award, Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

A certification that any of the items in this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of Bidder's responsibility. Failure of Bidder to furnish a certification or provide such additional information as requested by the City may render the Bidder nonresponsible.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The certification in this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the City may terminate the contract resulting from this solicitation for default.

2.1. Bidder certifies, to the best of its knowledge and belief, that Bidder and/or any of its

Principals*

☐ ARE presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency.

☐ ARE NOT presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency.

*Response required

2.2. Bidder certifies, to the best of its knowledge and belief, that Bidder and/or any of its

Principals*

☐ HAVE, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

☐ HAVE NOT, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

*Response required

2.3. Bidder certifies, to the best of its knowledge and belief, that Bidder and/or any of its

Principals*

☐ ARE presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of, any of the offenses enumerated in this "CERTIFICATION REGARDING

DEBARMENT, SUPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY

MATTERS" provision.

☐ ARE NOT presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of, any of the offenses enumerated in this "CERTIFICATION REGARDING

DEBARMENT, SUPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY

MATTERS" provision.

*Response required

2.4. Bidder certifies, to the best of its knowledge and belief, that Bidder*

☐ HAS, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

☐ HAS NOT, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

*Response required

2.5. VENDOR REQUISITION FORM*

Please download the below documents, complete, and upload.

This document is required to add or update your company's vendor profile in the City’s financial system.

Please download, complete, and upload the form below.

• vendor_form.pdf

*Response required

2.6. Form 590 Withholding Exemption Certificate*

Please download the below documents, complete, and upload.

This document is required to add or update your company's vendor profile in the City’s financial system.

Please download the below documents, complete, and upload.

• 590.pdf

*Response required

3. Prevailing Wage Project The City will use this information to register the project on the Department of Industrial Relations website upon contract award.

3.1. Enter your company's valid D34 – Prefabricated Equipment or D27 – Movable

Partition, Pre-Finished Wallboard, Prefabricated Screens license *

Enter only your Contractor’s License number as issued. Do not include additional text or comments.

*Response required

3.2. Upload a copy of your Company's Contractors License*

Upload a copy of your Company's Contractors License

*Response required

3.3. Provide your Company's DIR Registration Number*

Enter your Company's DIR Registration Number Only. Do not include any other words, characters, or symbols.

*Response required

3.4. Does your company have any violations with the DIR?*

☐ Yes

☐ No

*Response required

3.5. Pervailing Wage Allocation*

Provide the prevailing wage determination information for this project in the following format:

A. Craft/Job Classification:

B. Job Classification:

C. Determination Number:

D. Issue Date:

https://government-project.s3.us-west-2.amazonaws.com/229854/5b8272b9-b74e-4134-90e4-2ae048a92e43_vendor_form.pdf https://government-project.s3.us-west-2.amazonaws.com/229854/ab965c7e-274d-4c3d-a768-b04f478ce8f3_590.pdf

E. Basic Hourly Rate:

Sample Entry:

A. Craft Maintenance Laborer

B. Job Classification : Journeyperson

C. Determination Number : SC-23-102-2-2024-1

D. Issue Date: August 22, 2024

E. Basic Hourly Rate :$43.88

Maximum response length: 500 characters

*Response required

3.6. Will Subcontractors be used for any of the proposed work?*

☐ Yes

☐ No

*Response required

When equals "Yes"

3.6.1. Provide subcontractor's company name, address, and contact name and email address for all subontracts*

Maximum response length: 500 characters

*Response required

When equals "Yes"

3.6.2. Provide your subcontractor’s CSLB contractor license number*

Enter the license number as issued, do not include other text or comments

*Response required

When equals "Yes"

3.6.3. Provide DIR Registration number for each subcontractor*

*Response required

When equals "Yes"

3.6.4. Performance by Primary Contractor*

Prime/awarded CONTRACTOR agrees to perform the majority of the work required under this Contract and will not subcontract substantial portions without prior written approval from the City.

Definition of “Yes”:

Selecting “Yes” confirms that the Primary Contractor will directly perform the majority (more than 50%) of the total work required under this contract using its own workforce and resources.

Definition of “No”:

Selecting “No” indicates that a subcontractor will perform the majority of the work under the resulting contract.

☐ Please confirm

*Response required

4. Bonding

4.1. Bid Bond: 10% of total bid amount*

A complete bid bond is required from each bidder to be eligible for award consideration.

The bid bond must be for 10% of your total bid amount. A sample bid bond document is attached. Include notary and power of attorney pages. City reserves the right to require the original bond documents to be submitted under separate cover following the bid deadline.

• sample_bid_bond_document.docx

*Response required

4.2. The follow bonds must be provided within 10 days of receiving the Contract award.

Bidder agrees to submit Labor and Materials, AND Performance Bond each equal to 100% of the awarded annual contract value, within 10 calendar days after receipt of Master Agreement. Acceptable sample forms attached. Note: City may consider the removal of the performance bond requirement after the successful completion of the second year of the initial term of the agreement.

• Sample_Materials_&_Labor_an...

1.3. PRICING

PRICING FOR REPAIR AND MAINTENANCE OF MOVABLE WALLS AT THE ANAHEIM

CONVENTION CENTER

Repairs and maintenance authorized by CR. Rates must be fully loaded including labor, tools, and equipment according to City operational hours. Contractor is required to pay prevailing wage rates.

Line Item Description Unit of Measure Unit Cost

1 AS NEEDED LABOR: Regular Time: Movable Walls repairs and maintenance authorized by CR. Rates must be fully loaded including prevailing wage labor, tools, and equipment, consumables, trip charges, disposal, etc.

according to City operational hours.

HOUR

2 AS NEEDED LABOR: Overtime: Movable Walls repairs and maintenance authorized by CR. Rates must be fully loaded including prevailing wage labor, tools, and equipment, consumables, trip charges, disposal, etc.

according to City operational hours.

HOUR

https://government-project.s3.us-west-2.amazonaws.com/248269/af8fc256-6621-4878-88e3-94a49b4ec297_sample_bid_bond_document.docx https://government-project.s3.us-west-2.amazonaws.com/248269/07fcb711-c10b-41a1-8dc0-dbdf18c02348_Sample_Materials_%26_Labor_and_Performance_Bonds.docx

Line Item Description Unit of Measure Unit Cost

3 AS NEEDED LABOR: Double Time: Movable Walls repairs and maintenance authorized by CR. Rates must be fully loaded including prevailing wage labor, tools, and equipment, consumables, trip charges, disposal, etc.

according to City operational hours.

HOUR

5 Daily round-trip charge, inclusive of truck fee, fuel, multiple jobs, and all required expenses for a full day of work at the ACC.

LOT

FIXED MARKUP PERCENTAGES

Fixed markup percentages on the contractor’s cost for subcontractors, rental equipment, and materials, as required and requested by the CR.

Line Item Description Unit of Measure Percentage

6 Contractor's cost plus a fixed markup percentage for as-needed SUBCONTRACTORS requested and approved by the CR. The City reserves the right to request verifiable evidence of costs for any invoice equal to or exceeding

$1,000.00 USD

PERCENTAGE

7 Contractor's cost plus a fixed markup percentage for as-needed RENTALS requested and approved by the CR.T he City reserves the right to request verifiable evidence of costs for any invoice equal to or exceeding $1,000.00 USD

PERCENTAGE

8 Contractor's cost plus a fixed markup percentage for as-needed MATERIAL/PARTS requested and approved by the CR. The City reserves the right to request verifiable evidence of costs for any invoice equal to or exceeding

$1,000.00 USD

PERCENTAGE

ALLOWANCE FOR AS-NEEDED PARTS/ MATERIALS

This allowance is for City use only and may be used for bid evaluation purposes, is intended to cover the cost of materials and labor as needed and shall be expended solely at the direction of the City representative.

Line Item Description Unit of Measure Unit Cost

9 This allowance is for City use only and may be used for bid evaluation purposes, is intended to cover the cost of materials and labor as needed and shall be expended solely at the direction of the City representative. The City makes no representation or guarantee regarding the level of usage associated with this allowance. BIDDER'S MUST

INCLUDE $200,000.00 AS PART OF THEIR BID

BOND.

LOT $200,000.00

1.4. SCOPE OF WORK

FOR SCOPE OF WORK SEE ATTACHED "ATTACHMENT A- SCOPE OF WORK"

1.4.1. SEE ATTACHMENT A- SCOPE OF WORK

SEE ATTACHMENT A FOR THE SCOPE OF WORK

2. City Master Agreement Terms and Conditions

2.1. ARTICLES

2.1.1. Parties and Purpose

This Contract is entered into as of the date fully executed by and between the City and Contractor, based on these terms and condition.

2.2. City General Terms and Conditions

2.2.1. Governing Law and Venue

This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange

County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.

2.2.2. Entire Contract

This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.

2.2.3. Amendments

No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the

Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.

2.2.4. Taxes

Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.

2.2.5. Delivery

Time of delivery of commodities and services is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by

City. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by City.

2.2.6. Acceptance Payment

Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.

2.2.7. Warranty

Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances,

2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon

Contractor’s part to indemnify, defend and hold City and its indemnities as identified in Article “26” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the

California Industrial Safety Act. Such remedies shall be in addition…