3-25-0128 ITB.pdf

S:\AS\Pur\2025\14 - Parks and Recreation\25-0128 CommuniTree Planting\25-0128 ITB.docx

Bid Request for the

CommuniTree Program –

Tree Acquisition and Planting Services for the

City of Sioux Falls, South Dakota

Bid Request No. 25-0128

Prepared By: City Purchasing Office City of Sioux Falls 224 West Ninth Street P.O. Box 7402

Sioux Falls, SD 57117-7402

Instructions to Bidders and Terms and Conditions for Solicitations for the Invitation for Bid (IFB)

Supplies, Equipment, Materials, or Services

1. Purpose: The purpose of this request is to provide the City of Sioux Falls with a contract for the purchase of supplies, equipment, materials, or services as specified herein.

2. Instructions to Bidders:

a. Thoroughly examine the drawings, specifications, schedule, instructions, and all other solicitation documents.

b. Make all investigations necessary to be familiar with conditions that affect the bid, such as, but not limited to, plant and facilities for delivery of material and equipment. No plea of ignorance by the bidder as a result of failure to investigate or examine conditions or failure to fulfill details of the contractual documents will be accepted as basis for varying the requirements of the City or changing the compensations due.

c. Provide all required information on the forms furnished. Print or type name on bid and sign all copies in the space and on the forms provided and upload to Bonfire.

Telegraphic, fax, email, and hand-delivered responses will not be accepted unless specifically authorized in the terms and conditions of the solicitation. By submission of a response, offeror affirms that no alteration of any kind has been made to this solicitation. Failure to sign the bid will render your bid nonresponsive.

d. Provide unit prices. Show your proposed delivery time (ARO days). Include weekends and holidays in counting days or months.

e. Do not include sales taxes as the City is exempt from payment of these taxes.

f. All prices quoted are to be FOB destination, City of Sioux Falls, Sioux Falls, South

Dakota. Only FOB destination bids will be considered.

g. Use taxes on materials furnished by the City for a construction project become the liability of the installing contractor and are based on the price the City paid for them.

Excise tax is applicable as defined under SDCL 10-46A. Contractors and subcontractors should include the applicable tax in their bid price. Tax questions should be directed to the South Dakota Department of Revenue. Contact information of the Department of Revenue is listed below:

South Dakota Department of Revenue 300 South Sycamore Avenue, Suite 102 Sioux Falls, SD 57110 605-367-5800 Email: bustax@state.sd.us mailto:bustax@state.sd.us

The City of Sioux Falls will not be responsible to reimburse the contractor for any applicable Use taxes not included in their bid prices.

h. All bids must be current and final at the time of opening in order to be considered responsive.

3. Contract Period: The contract period shall be from the date of award through December 31, 2027.

4. Completing the Bid Form: All bids must be submitted on the bid forms provided in Bonfire. Each bid must be signed by the bidder or authorized officer and uploaded and attached into Bonfire to the bid solicitation that you are bidding.

5. Quality and Brand: The specifications included herein are the minimum specifications for each product. Bidder shall indicate brand names of products to be supplied. Any material delivered that does not meet or exceed the specifications as awarded will be rejected.

6. Certification Relating to Prohibited Entity: For contractors, vendors, suppliers, or subcontractors who enter into a contract with the City by submitting a response to this solicitation or agreeing to contract with the City, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its bid or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A-1 (19A). It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the City if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

7. Alternate Products: Bids are invited on products equal or superior to the minimum specifications set out herein. Complete product literature must be attached for any alternates proposed. The City shall determine the suitability of any proposed alternates.

8. Price Discrepancies: Any discrepancies between the bid unit price and extension shall be resolved in favor of the unit price.

9. Local Preference: By virtue of statutory authority, preference will be given to materials, products, and supplies found or produced within the state of South Dakota. Bidders residing in South Dakota shall be allowed a preference over the bid of any bidder from any other state enforcing or having a preference for resident bidders, equal to such preference.

10. Conflicting Federal Rules Govern on Subsidized Projects: The letting of any public contract in connection with funds that are granted or advanced by the United States of America shall be subject to the effect, if any, of related laws of said United States and valid rules and regulations of federal agencies in charge or governing use and payment of such federal funds. Bid awards when federal funds are involved must be made to the lowest responsive and responsible bidder without regard to state preferential bid provisions.

11. Bid Guaranty: No bid guaranty is required for this solicitation.

12. Method of Award: This request will be awarded within forty-five (45) days of the bid opening by written notice to the lowest total responsive and responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. (All items must be bid.) The City of Sioux Falls reserves the right to reject any or all bids, waive technicalities, and make award(s) as deemed to be in the best interest of the City.

13. Quantities: The quantity indicated for each item in the specifications is estimated only, and the City reserves the right to order less or more as dictated by actual needs.

14. Firm Prices: Unit prices awarded shall remain firm for the entire contract period.

15. Orders, Invoices, and Payments: Purchase orders or government procurement cards will be issued/used at time of award and/or throughout the contract period for actual quantities ordered. Invoices or packing slips shall be submitted to the bill address indicated on each order. Payments shall be processed upon receipt of correct invoice (or normal procurement card process) after receipt and acceptance of each delivery.

16. Questions: All questions regarding the bid shall be directed to Purchasing, Third Floor, City Hall, 224 West Ninth Street, P.O. Box 7402, Sioux Falls, SD 57117-7402;

telephone 605-367-8013. If the Purchasing Division deems it of general interest, the answer shall be issued in written addendum to each vendor that has been sent a bid request.

17. Withdrawal of Bids: A bid may be withdrawn by the bidder by retracting their bid in Bonfire prior to the opening date and time. No bid shall be withdrawn for a period of forty-five (45) days after the bid opening.

18. Federal Tax ID Number: Each bidder shall state its federal tax identification number on the line provided on the bid form. The City is required to report to IRS on Form 1099 all payments involving labor or services provided by vendors, and lack of this number may delay contract payments until the number is provided.

19. Proposal as Contract: If awarded this request, the bidder’s signature shall become a binding contract to furnish the proposed and awarded items when countersigned by the Mayor via electronic signature.

20. Bid Results: Results of bid openings will be available after the opening by visiting the Sioux Falls Procurement portal at siouxfalls.bonfirehub.com or at siouxfalls.gov. After an award has been made and signed by the Mayor, all bids and related information will be on file in Purchasing for public review. Bid results are available via siouxfalls.bonfirehub.com. Sign in using your login and search the solicitation you want to view.

21. Nonappropriation of Funds: In the event funds are not budgeted or appropriated for any fiscal year, purchase under this contract shall impose no obligation on the City of Sioux Falls and shall become null and void except as to the purchases agreed upon for which funds have been appropriated or budgeted, and no right of action or damage shall accrue to the benefit of the bidder/contractor, its successors or assignees, for any further payments.

22. Right to Protest: Any bidder who is aggrieved in connection with the award of a contract may contact the Purchasing Manager to discuss the basis for a bid award.

Venue and jurisdiction for any appeals from the award decision are in the South Dakota Circuit Court in Minnehaha County. Such protests and appeals regarding the request for bids and bid proposals are governed by and must be construed in accordance with South Dakota law.

23. Addendum: Changes to the specifications of bid will be issued by addendum and sent to bidders. The bidder will be responsible for adjusting their price if necessary.

24. Entering into Contract: After receiving notice of a contract award, the successful bidder shall enter into a contract with the City within the time specified in the invitation for bids or request for proposals. If any bidder fails to timely enter into the contract, the contract may be awarded to the next lowest bidder unless all bids or proposals are rejected. The defaulting bidder shall be responsible for the difference in price.

25. Recovery from Defaulting Bidder: If any successful bidder fails to fulfill the conditions of an awarded contract, the City may proceed to recover from the defaulting party whatever damages may have been sustained as a result of the default. The City shall have all remedies provided in the contract and provided by law.

26. Disallowance of Noncomplying Bid or Offer, Contracts in Violation Void: Any bidder or offeror who fails to comply with the provisions of SDCL 5-18A, 5-18B, 5-18C, and 5-18D, or who provides any false information in the submission of any bid or offer is subject to having their bid or offer disallowed by the City. Any contract entered into in violation of SDCL 5-18A, 5-18B, 5-18C, and 5-18D is null and void.

27. Hold Harmless: The contractor agrees to defend, indemnify, and hold harmless the City from all claims or liabilities including, but not limited to, attorneys’ fees and/or expert witness fees, arising out of the services furnished under this contract, and for death, bodily injury, or property damage arising out of services furnished under this contract, providing that such claims or liabilities are the result of an act, error, or omission of the contractor and/or its employees/agents arising out of the services described in the contract.

28. Civil Rights Requirements: The successful bidder shall be subject to the provisions of Chapter 98 of the Code of Ordinances of Sioux Falls, SD. It is declared to be discrimination for the successful bidder, because of race, color, sex, creed, religion, ancestry, national origin, or disability, to fail or refuse to hire, to discharge an employee, or to accord adverse, unlawful, or unequal treatment to any person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment.

If the successful bidder is guilty of discrimination, this invitation for bid may be terminated in whole or in part by the City and the successful bidder shall be liable for any costs or expense incurred by the City in obtaining from other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the City under the invitation for bid so terminated or canceled.

Should the Sioux Falls Human Relations Commission in a proceeding brought as provided by the Code of Ordinances of Sioux Falls, SD, find that the successful bidder has engaged in discrimination in connection with this invitation for bid and issue a cease and desist order with respect thereto, the City shall withhold up to 15 percent of the contract price until such time as the Commission’s order has been complied with or the successful bidder has been adjudicated not guilty of such discrimination.

The successful bidder will permit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling the Commission, its agencies or representatives, to ascertain compliance with the above provisions.

This section shall be binding on all subcontractors or suppliers.

34. Insurance Requirements: Awarded contractor shall provide a certificate of insurance to the City of Sioux Falls before a notice to proceed will be given. The insurance limits are as follows:

1. Workers’ compensation. The policy shall provide the statutory limits required by South

Dakota law. In addition, it shall provide Coverage B, Employer’s Liability coverage of not less than $1,000,000 each accident, $1,000,000 disease-policy limits. The required limit may be met by excess liability (umbrella) coverage.

2. Commercial general liability. The policy shall provide occurrence form contractual, personal injury, bodily injury, and property damage liability coverage with limits of at least $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 aggregate products and completed operations. The required limit may include excess liability (umbrella) coverage. The policy shall name the City and its representatives as an additional insured. If “occurrence form” insurance is not available, “claims made” insurance will be acceptable. The policy shall be maintained for three years after completion of this contract.

3. Automobile liability. The policy shall cover all owned, nonowned, and hired automobiles, trucks, and trailers. The coverage shall be as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence. The required limit may include excess liability (umbrella) coverage.

4. The contractor will provide the City with at least 30 days’ written notice of an insurer’s intent to cancel or not renew any of the insurance coverage. The contractor agrees to hold the City harmless from any liability, including additional premium due, because of the contractor’s failure to maintain the coverage limits required.

5. The City’s approval or acceptance of certificates of insurance does not constitute the City’s assumption of responsibility for the validity of any insurance policies, nor does the City represent that the above coverages are adequate to protect any individual/group/business, its consultants’ or subcontractors’ interests, and assumes no liability therefor.

35. Requirements of Performance Bond. At the time of the execution of the contract, the successful bidder shall furnish a security bond in the sum equal to the amount of the guaranteed bid price for the faithful performance to the contract. The bond shall be issued by a surety company authorized to do business in the state of South Dakota.

Additional Terms and Conditions

Terms and Extension:

Contracts will remain in force for the term specified and all articles ordered before the date of termination shall have been satisfactorily delivered and accepted unless:

a. Terminated prior to the expiration date by satisfactory delivery against orders of entire quantities.

b. Price increases will not be considered until the contract has been in effect for 240 days. Written requests for price escalation must be supported by dated manufacturer’s printed price sheets or similar documentary evidence. This evidence must be presented to the City Finance office, and if approved, the new pricing will become effective after the date of approval. Price increases will be allowed for the actual cost of the price increase from the manufacturer to the supplier only and must be presented as a percentage of increase, which will be used to adjust vendor pricing to the City. The City may request a price decrease if it determines market conditions have changed to benefit the City. If an agreement cannot be reached by the vendor and the City on escalation or de-escalation, the City reserves the right to terminate the contract.