Active SLED Opportunity · CALIFORNIA · PUBLIC WORKS
AI Summary
The City of Anaheim seeks bids for annual plumbing repair and maintenance services at the Anaheim Convention Center. The contract includes an initial one-year term with four renewal options. Bidders must be licensed plumbing contractors, comply with prevailing wage laws, and submit electronic bids by May 8, 2026.
The City of Anaheim, Anaheim Convention Center, (hereinafter referred to as City) is requesting competitive bids from qualified vendors (hereinafter referred to as Bidder) for Plumbing Repair and Maintenance Services (Annual Contract) . 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.
The City of Anaheim, founded in 1857, is one of the nation’s premier municipalities and is one of California’s most populous and most visited cities. Anaheim covers 50 square miles with more than 340,000 residents and more than 3,200 City employees. Anaheim supports a thriving business community, and successful sports franchises including Angels Baseball and the Anaheim Ducks. Anaheim also boasts world-class meeting and entertainment venues with: The Anaheim Convention Center, LEED-certified and the largest convention center on the West Coast; Honda Center; City National Grove of Anaheim; Anaheim Garden Walk; Angel Stadium; and Anaheim Regional Transportation Intermodal Center (ARTIC). Annually, Anaheim welcomes more than 20 million visitors to the city, truly making it a destination where the world comes to live, work, and play.
This Contract specifies the terms and conditions by which the City will procure PLUMBING REPAIR AND MAINTENANCE SERVICES FOR THE ANAHEIM CONVENTION CENTER from the Contractor, as further detailed in the Scope of Work, identified and incorporated herein by this reference as "Attachment A". All services provided under this Contract shall conform to the Scope of Work as set forth in this contract.
This Contract is entered into as of the date fully executed by and between the City and Contractor.
The City of Anaheim, Anaheim Convention Center, (hereinafter referred to as City) is requesting competitive bids from qualified vendors (hereinafter referred to as Bidder) for Plumbing Repair and Maintenance Services (Annual Contract) . 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.
Please see Attachment A
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.
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.
This Contract shall commence upon execution of all necessary signatures 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 terms, each renewal term also subject to earlier termination by the City.
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.
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.
No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.
These dates only apply to IFB# 9894
| Release Date: | April 9, 2026 |
| Pre-Bid Meeting (Mandatory): | April 28, 2026, 10:00am Anaheim Convention Center |
| Question Submission Deadline: | May 1, 2026, 2:00pm |
| Bid Submission Deadline: | May 8, 2026, 2:00pm |
City General Terms and Conditions and Additional Terms and Conditions shall govern the relationship between the City and the Contractor. In the event of a conflict the City’s terms shall take precedence.
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.
Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of paragraph “28” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.
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.
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 Friday, May 1, 2026 before 2:00 pm.
No changes shall be made in the specifications unless authorized by the City. The City shall have the right to make reasonable changes at any time, if not cost is associated with those changes, including drawings that are a part thereof or made a part thereof by reason of the changes.
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.
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.
Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
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.
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 to any other remedies provided by law.
Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities.
Responsive bids shall include completed submittals/attachments provided in the VENDOR QUESTIONNAIRE.
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.
Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “26” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.
The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.
Upon recommendation of Contract award, Bidder will be required to submit the following documents within ten (10) days of City notification, unless otherwise specified in the solicitation:
Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to City Master Agreement Terms & Conditions.
W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes Contractor’s Legal Business Name(s). Out of State Vendors may be required to submit a 587/590 Form.
In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.
In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by City of its right to terminate Contract shall relieve City of all further obligation.
Bids offering equivalent items meeting the standards of quality specified in the solicitation may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the specified brand. Unless Bidder specifies otherwise, it is understood that the Bidder is offering the brand item as specified in the solicitation. If Bidder bids an “equal,” Bidder must state the brand name and must submit complete specifications and/or provide samples with the bid. Determination of equality shall be at the sole discretion of the City, and the City reserves the right to request a sample for determining equality with the specified brand. If it has been justified and accepted by the requesting agency/department and/or a City standards committee that only one brand can meet the City’s requirements, “no exceptions” shall be noted in the specifications.
City Council policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any City employee for any purpose.
No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
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.
Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.
Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to City under this Contract. City’s Project Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.
Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.
Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.
Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other commodities/services furnished by Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.
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.
The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.
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.
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.
| 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.
Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.
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:
All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.
Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.
In case of Contract breach by Contractor, resulting in termination by City, City may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying City the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.
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:
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.
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.
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.
Appeal Process
Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of City.
City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.
In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract. Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.
Any materials not conforming to the requirements of the Specifications in Attachment A – Scope of Work and Specifications shall be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials delivered or installed shall be removed by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due do the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.
Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
Acceptance/Rejection/Award
Contractor agrees to maintain the confidentiality of all City and City-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 59 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:
The Contractor shall submit to the Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.
The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article 11 herein.
The City reserves the right to:
Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “26” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
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.
In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions. The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.
Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.
If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
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.
All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the City. Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City approval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.
Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
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.
In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.
The City requires a valid UEI number prior to Contract Award of Human Services. If needed, your company may obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your bid submission response.
The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.
Bids will be valid for a period of 180 days after IFB closing date.
Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
In the event the Contractor fails to provide PLUMBING REPAIR AND MAINTENANCE SERVICES FOR THE ANAHEIM CONVENTION CENTER or any portion thereof by the delivery dates as specified in the Contract or any agreed-upon amendment, the Contractor shall be liable for liquidated damages.
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.
Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, representatives, products, and subcontractors) performance under any purchase order or agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City.
The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether the City, Contractor, or any other person or entity maintains or fails to maintain insurance coverage or a self-insurance program, for any such Claim(s); and (ii) shall survive the termination of this Contract.
Upon award of the Contract, the awarded vendor(s) may be required to attend a mandatory kick-off meeting with City representatives to discuss important information related to the scope of work, the Contract, and the invoice payment process. A quarterly check-in meeting may be required to review any issues with the Contract.
Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.
Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s project manager.
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.
| 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 |
| Sexual Abuse & Molestation (SAM) | no less than $2,000,000 per occurrence $4,000,000 Aggregate |
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.
Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: TBD
Attn:
Phone:
Email:
Project Manager:
Attn:
Phone:
Email:
Assigned Buyer: City of Anaheim/Central Purchasing Office
Attn:
200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone:
Email:
With a copy to: City Clerk
City of Anaheim
200 S. Anaheim Blvd. 2nd Floor
Anaheim, CA 92805
Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Contract without penalty.
Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.
Prevailing Wage (Labor Code §1773): Pursuant to the provisions of Section 1773 et seq. of the California Labor Code, Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craft, classification, or type of worker needed to execute Contract. The rates are available from the Director of the Department of Industrial Relations at the following website: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.
Prevailing Wage and DIR Requirement: Awarding agencies are not required to submit the notice of contract award through DIR’s PWC-100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
The requirements of Labor Code Section 1776 provide, in summary:
Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractors under him employing workers in any apprenticeable craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the work.
Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractor under him may be required to make contributions to the apprenticeship program.
The Contractor and all subcontractors under him shall comply with Labor Code Section 1777.6 which Section forbids certain discriminatory practices in the employment of apprentices.
City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
Contractor shall notify City of Anaheim in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. City will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.
Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by City as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.
Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.
Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.
No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the City. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the City shall be invalid and shall substitute a breach of Contract.
In the event that the Contractor is authorized by the City to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate be reference the terms of this Contract. The City shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the City of Anaheim.
The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.
No guarantee is given by City to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by City of Anaheim, at rates/prices listed in Contract, regardless of quantity requested.
Contractor shall submit usage reports on an annual basis to the Assigned Buyer. The usage report shall be in a format specified by the City and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable.
City makes no commitment of any specific quantity during the term of the agreement.
Bid will be valid for a period of 180 days after Bid closing.
If this question does not apply to your firm, please respond by typing in "N/A."
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 award and 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.
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.
I represent the party (“Respondent”) making the foregoing bid (“Bid”) and declare as follows:
Please download the below documents, complete, and upload.
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.
Respondent must certify either Yes or No:
(Yes) Respondent certifies current/past litigation as follows:
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.
Respondent certifies past company name changes and/or ownership changes, for Respondent’s firm as follows:
Please enter the anticipated delivery/lead time for the items in this RFP.
Proposer shall confirm that the "lead time" column is completed in the PRICING section
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.
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 either the City Project Manager, as specified in the “Notices” provision of this Contract, or to the place of shipment or provision of goods/services.
"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.
Please download the below documents, complete, and upload.
Each Bidder shall submit a bond to be considered for award. The bid bond must be for 10% of your total bid amount. Sample bid bond 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.
Would you like the vendors to include their anticipated delivery or lead time? Select yes if lead time is applicable to this project.
If you answer yes, this will prompt the vendor to confirm that they have completed the lead times as part of their response.
If you do not add a Lead Time column in the Pricing section, please make sure you select "No" here so that the vendors do not get confused.
Example: Portable Toilets/Showers and Other Site Rentals and Services
Example: RCA-017-23010021
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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