Scoreboard_Replacement_Project.pdf

INVITATION FOR BID

SCOREBOARD REPLACEMENT PROJECT

25-1038

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: May 9, 2025 DEADLINE FOR QUESTIONS: May 29, 2025

RESPONSE DEADLINE: June 17, 2025, 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

Scoreboard Replacement Project

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 - Exemplar Construction Agreement C - Scope of Work and Specifications D - Demolition Plan by Location E - Engineering Drawings and Pre-Check Documents F - Electrical Plan by Location

Scoreboard Replacement Project 25-1038

I. Notice Inviting Bids

I.A Public Notice

Notice is hereby given that the City of Milpitas (“City”) will receive electronic bids for Scoreboard Replacement Project until Tuesday, June 17, 2025 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 Mandatory Pre-Bid Conference

A mandatory Pre-Bid Conference to review the requirements of this IFB will be held in the City of Milpitas on Thursday, May 22, 2025 starting at 10:00 am Pacific Time, at the following location:

Milpitas Sports Center, 1325 E Calaveras Blvd, Milpitas, CA 95035

Attendance at the Pre-Bid Conference is mandatory, and the City reserves the right, in its sole discretion, to reject without review bid submittals of any Applicants that do not attend the meeting. Applicants are expected to be present for the entire meeting, and the City reserves the further right, in its sole discretion, to refuse admission to any prospective Applicant arriving more than thirty (30) minutes after the start of the meeting. The City believes that attendance at the Pre-Bid Conference is essential for successful participation in this IFB procurement and expects every Applicant to attend.

The City may, in its sole discretion, consider such a bid submittal if it deems consideration to be in the City’s best interest or if the City determines that the Applicant’s failure to attend was caused by circumstances reasonably beyond the Applicant’s control.

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

Scoreboard Replacement Project 25-1038

Prospective bidders may visit the Site without making arrangements through the designated City Project Manager; however, they shall not engage or interrupt on-site employees with questions during such visits. All questions arising from these unescorted site visits must be submitted formally through OpenGov for official response and record.

I.C Performance & Payment Bonds

The successful Bidder will be required to furnish the City with a Performance Bond equal to 100% of the awarded Contract and a Payment Bond equal to 100% of the awarded Contract prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.

I.D 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 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.E Contractor License

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:

Contractor shall possess a valid C-45 and C-10 Contractor’s License. If necessary, the City will allow C-10 electrical work to be subcontracted for the specification details that require this license. Contractor must submit proof of current and valid licenses with bid response (See Vendor Questionnaire).

Scoreboard Replacement Project 25-1038

I.F Contact Information

For further information regarding this IFB, please contact:

Michelle Broughton

Buyer mbroughton@milpitas.gov

II. Introduction

II.A Summary

Through this Invitation for Bid ("IFB"), the City of Milpitas ("City") is seeking a qualified Contractor to provide demolition and installation services for 7 new scoreboards at 3 City locations. The selected Contractor shall provide all materials, equipment, and labor required to remove the existing scoreboards in their entirety (including footings, supporting structures, and electrical connections) and replace them in their entirety with new scoreboards (including footings, supporting structures, and electrical connections). The City will purchase and provide all 7 scoreboards with top and bottom ID panels to the Contractor for installation, as well as provide all necessary City building permits prior to the commencement of work.

Contractor shall evaluate their site access and needs for all work required for each park/field location, verify all site conditions, and information provided herein as well as obtained and observed during the mandatory pre-bid conference to incorporate these considerations into their bid response.

Contractor may subcontract work as required up to 50% but must perform at least 50% of the work itself.

II.B Timeline

All times shown are Pacific Time.

Release Date May 9, 2025

Pre-Bid Site Walk Meeting (Mandatory) May 22, 2025, 10:00am Milpitas Sports Center, 1325 E Calaveras Blvd, Milpitas, CA 95035

Question Submission Deadline May 29, 2025, 12:00pm

Scoreboard Replacement Project 25-1038

Bid Submission Deadline June 17, 2025, 12:00pm

III. Scope of Work

III.A Scope of Work

See Attachments C, D, E, and F.

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 full name, your title, direct phone number, email address, your firm's name, and today's date.

*Response required

IV.B License Requirements (Minimum Qualifications)* Contractor shall possess a valid C-45 and C-10 Contractor’s License. If necessary, the City will allow C-10 electrical work to be subcontracted (as long as total subcontracted work does not exceed 50% of the work) for the specification details that require this license.

Attach and upload documentation demonstrating your (and/or your subcontractor's) compliance with both of these designated license requirements (minimum qualifications).

*Response required

IV.C 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 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

Scoreboard Replacement Project 25-1038

*Response required

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

☐ Please confirm *Response required

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

☐ Yes

☐ No *Response required

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

*Response required

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

If None, Bidder MUST respond with the following: “Our firm has no prior or ongoing contract failures, civil or criminal litigation, or pending investigation.”

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

*Response required

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

*Response required

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

*Response required

Scoreboard Replacement Project 25-1038

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 Pricing Sheet* In the Attachment section download the Unit Pricing Sheet, fill in the required information and upload the completed Unit Pricing Sheet here.

*Response required

V. Pricing Proposal

PRICING BY LOCATION

Line Item Description Quantity Unit of Measure

Unit Cost Total

Dixon Landing Park (Fields 1, 2, & 3)

Scoreboard Replacement Project 25-1038

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Dixon Landing Park (Fields 1, 2, & 3):

Remove existing scoreboard, supporting structure and footings

3 EACH

2 Dixon Landing Park (Fields 1, 2, & 3):

Install pair of footings and supporting structure for new BA624 scoreboards and id panels.

2 EACH

3 Dixon Landing Park (Fields 1, 2, & 3):

Install pair of footings and supporting structure for new BA2014 scoreboards and id panels.

1 EACH

4 Dixon Landing Park (Fields 1, 2, & 3):

Install City supplied BA624 scoreboards with top and bottom id panels and communication interface.

2 EACH

5 Dixon Landing Park (Fields 1, 2, & 3):

Install City supplied BA2014 scoreboards with top and bottom id panels and communication interface.

1 EACH

6 Dixon Landing Park (Fields 1, 2, & 3):

Electrical connection for new scoreboards and communication interface.

3 EACH

Cardoza Park (Cardoza Park Field)

7 Cardoza Park (Cardoza Park Field):

Remove existing scoreboard, supporting structure and footings.

1 EACH

8 Cardoza Park (Cardoza Park Field):

Install pair of footings and supporting structure for new BA2014 scoreboards.

1 EACH

9 Cardoza Park (Cardoza Park Field):

Install City supplied BA2014 scoreboard with top id panel and communication interface.

1 EACH

Scoreboard Replacement Project 25-1038

Line Item Description Quantity Unit of Measure

Unit Cost Total

10 Cardoza Park (Cardoza Park Field):

Electrical connection for new scoreboard and communication interface.

1 EACH

Milpitas Sports Center (Senior, Major, & Minor)

(1) Existing small scoreboards are mounted opposite each other on shared columns. New small scoreboards will be mounted opposite each other on new shared columns

11 Milpitas Sports Center (Senior, Major & Minor): Remove Existing Scoreboard, Supporting Structure and Footing (1).

2 EACH

12 Milpitas Sports Center (Senior, Major & Minor): Install pair of footings and supporting structure for new BA624 scoreboards (1).

1 EACH

13 Milpitas Sports Center (Senior, Major & Minor): Install pair of footings and supporting structure for new BA2014 scoreboard.

1 EACH

14 Milpitas Sports Center (Senior, Major & Minor): Install City supplied BA624 scoreboards with top and bottom id panels and communication interface (1).

2 EACH

15 Milpitas Sports Center (Senior, Major & Minor): Install City supplied BA2014 scoreboards with top and bottom id panels and communication interface.

1 EACH

16 Milpitas Sports Center (Senior, Major & Minor): Electrical connection for new scoreboards and communication interface.

3 EACH

TOTAL

EQUIPMENT COMMISSIONING

The Contractor shall be responsible for coordinating with Daktronics, the scoreboard manufacturer, to commission the scoreboards.

Scoreboard Replacement Project 25-1038

Line Item Description Unit of Measure Unit Cost

17 Provide all costs associated with the commissioning of the equipment, including but not limited to labor, transportation, and any additional requirements needed to complete the commissioning process.

ALL

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.

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

Scoreboard Replacement Project 25-1038

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

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

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

VI.B Withdrawal of Bid

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

VI.C Examination of Contract Documents

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

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

VI.D Interpretation of Contract Documents

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

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

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

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

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

Scoreboard Replacement Project 25-1038

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.

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.

Scoreboard Replacement Project 25-1038

VI.G Local Purchasing Preference

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

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

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

VI.H Piggyback Clause

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

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

VI.I 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.J Award of Contract; Basis of Award

The City shall award the bid to the lowest responsive and responsible Bidder. The City reserves the right to accept or reject any and all bids. The City will award on the basis of the total bid. The determination of the lowest bid shall be based on the base bid alone https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.15LOPUPR

Scoreboard Replacement Project 25-1038

VI.K 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.L 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.M 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.N Laws Governing Contract

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

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

Scoreboard Replacement Project 25-1038 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.

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

Scoreboard Replacement Project 25-1038 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

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

VII.G Milpitas Business License

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

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