CSB_Instruction_to_Bidders.pdf

CITY OF BARTOW

INSTRUCTIONS TO BIDDERS – CSB

PLEASE READ CAREFULLY

1. Execution of Bid: Bid must contain an original signature of an authorized representative in the space provided on the signature page. Bid must be typed or printed in black ink. Erasable ink is not permitted. Corrections made by the bidder to any bid entry must be initialed by the person who signs the bid. By submitting a bid and upon signature by an authorized representative your company is in agreeance with the terms and conditions set forth.

2. Bid Documents: The vendor is solely responsible for reading and completely understanding the requirements of the bid Documents.

3. Bid Submittals: It is the responsibility of the bidder to assure that their bid is delivered or submitted to the proper place for consideration prior to CSB expiration date. Bid Submittals in-person, or via the City’s e-procurement system are acceptable.

Submittals may be withdrawn by notifying the City, in writing, at any time prior to official award. After award, the submittals become a record of the City and will not be returned to the vendor unless the bid is cancelled. It is the responsibility of the Vendor to make a written request for return of the Bid Submittal after notification of cancellation. Absent this written request, the City shall destroy the submittal. Negligence on the part of the Vendor in preparing their Bid Submittal confers no right of withdrawal or modification of their Bid Submittal after such Bid Submittal has been opened by City Staff at the appointed time and place.

Note: In accordance with Florida Statute 119.071, a listing of approved vendors that provided a bid submittal shall be posted to the City’s website at https://www.cityofbartow.net/about-the-city/bid-information/review-current-bids.

4. Award: will be made to all responding qualified vendors meeting the scope of work, qualifications and specifications. Vendors must submit all required submittal documents to be considered responsive. Failure to submit the required documents shall subject the submittal to rejection. All costs related to items provided should be listed at a fair and reasonable price and based on the minimum discounts listed within the scope of work;

failure to do so may cause the bid to be non-responsive and rejected. The City of Bartow Purchasing Manager and/or User Department shall be the sole judge of what is fair and reasonable. The Purchasing Manager reserves the right to reject any or all bids and/or waive any minor irregularities in the bids received, whichever would be in the best interest of the City. In addition, the following may be considered prior to awarding and adding a vendor to the approved Qualified Vendors List (QVL):

• Vendor’s evaluation – quality of performance on previous projects.

• The ability, capacity, equipment and skill of the bidder to fulfill the contract.

• Whether or not the bidder can fulfill the contract within the time specified, without delay or interference.

• The character, integrity, reputation, judgment, experience and efficiency of the bidder.

• The previous and existing compliance by the bidder with laws and ordinances relating to the contract.

• The sufficiency of the financial resources to fulfill the contract to provide the goods and/or services.

• The quality, availability and adaptability of the suppliers or contractual services to the particular use required.

• The ability of the bidder to provide future maintenance and service, as required or needed.

• The number and scope of conditions attached to the bid.

5. F.O.B. Destination: All prices covered by this bid/contract will include the cost of transportation to the City of Bartow, Florida.

6. Packaging: All containers shall be suitable for storage or shipment, and all prices should include standard commercial packaging.

7. Taxes: No taxes shall be included in any bid price. The City of Bartow is exempt from state and federal sales use and excise tax.

8. Prices: Unless otherwise specified, all prices and/or discounts shall be firm for the duration of the original contract/purchase order. In the event of price decreases the City of Bartow shall be given full proportionate benefits immediately at any time during the contract period.

9. Invoices: Any invoices at higher prices than the contract price shall be held until proper credit memorandums have been received. Any applicable cash discounts that apply as the result of this contract shall be taken even though the allowable time has elapsed due to the time awaiting credit memorandums.

• All original invoices shall be mailed to the City of Bartow, Attn: Accounts Payable, 450 N. Wilson Ave., Bartow, Florida 33830 or they may be emailed to:

cbrown.finance@cityofbartow.net.

• The bidder shall include the bid number and/or the purchase order number on all invoices. By submitting an invoice, Bidder’s Project Manager or any authorized officer is attesting to the correctness and accuracy of all charges. Invoices will be processed for payment when approved by the appropriate User Division/ Department. The City’s payment of an invoice shall not constitute evidence of the City’s acceptance of the Bidders performance of the Service or the City’s acceptance of any work.

10. Discounts: Bidders may offer an additional cash discount for prompt payment (within 30 days); however, such discounts shall not be considered in determining bidder qualifications.

Bidders are encouraged to reflect cash discounts in the prices quoted.

mailto:cbrown.finance@cityofbartow.net

11. Payments: All payments will be made in accordance with the Florida Prompt Payment Act.

The payment due date for the purchase of goods or services other than construction services is 45 days after the date specified in s. 218.73. The payment due date for the purchase of construction services is specified in s. 218.735.

12. Manufacturer’s Name: Any manufacturer’s name, trade name, brand name, information and catalog numbers used herein are for proposes of description and establishing general quality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the city of Bartow and such determination shall be final and binding among all bidders.

13. Safety Standards: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupational Safety and Health Act (OSHA) and carry evidence of Underwriters Laboratories’ Listings (UL).

14. Toxic Substances: Chapter 442 of the Florida Statue states that manufacturers, importers or distributors of any toxic substance shall prepare and provide each direct purchaser of such toxic substance with Material Safety Data Sheet(s), herein referred to as MSDS, which to the best of the manufacturer’s, importer’s or distributor’s knowledge, is current, accurate and complete based on information then reasonably available to the manufacturer, importer or distributor. Upon notification of a new or revised MSDS the manufacturer, importer or distributor, on a timely basis not to exceed three (3) months after notification, shall provide the City with the revised information as it becomes available to the manufacturer, importer or distributor. Failure to provide the MSDS, when applicable, shall be cause for rejection of bid.

15. Specifications: Any deviations from bid specifications indicated herein shall be clearly stated, otherwise it shall be considered that items offered are in strict compliance with specifications, and the successful bidder shall be held responsible. Deviations shall be explained in detail.

16. Estimated Quantities: This section applies to bids/contracts in which purchases will be made as needed over a period of one (1) year or more. In this case, quantities shown are estimates of usage anticipated during the contract period and may vary.

17. Bid Term: This bid shall be for an on-going period not to exceed May 13, 2030 (“Termination Date”), unless terminated sooner in accordance with section 1.26 (Section 1

– Standard Terms and General Conditions) of this bid package and shall not contain any renewal options thereafter. However please note the city will review and evaluate performance at least once annually to include any required updates to be provided by the vendors listed with the scope of work.

18. Placing of Orders: The award of this bid does not constitute an order. Before shipments or service are provided, the vendor shall receive an email, or a signed Purchase Order or Purchase Order number from the City’s User Department authorizing commencement. In http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0218/Sec73.htm#0218.73 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0218/Sec735.htm#0218.735 some cases, vendors shall be issued blanket orders. In this case shipments shall be specified on the order.

19. Performance: Efficient service is essential to this contract. Therefore, if the City of Bartow determines that the holder of the bid is unable to meet delivery within a reasonable amount of time it may become necessary to make procurement from other bidders listed under the approved vendors/suppliers list or if habitual remove the vendor from the approved vendors list.

20. Conflict of Interest: All bidders must disclose, with their bid, the name of any officer, department head or agent who is also an employee of the City or any of their agencies.

Furthermore, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest of any amount in the bidder’s firms or any of their branches.

Award of this bid shall be subject to the provisions of Chapter 112, Florida Statutes.

21. Patents and Royalties: The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented or non-patented invention, process or article manufactured or used in the performance of the bid, including its use by the City. If the bidder uses any design, device or material covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device or material in any way involved in the work.

22. Samples: Samples of items, when called for, must be furnished free of expense and may, upon request, be returned at the bidder’s expense. Each individual sample must be labeled with bidder’s name, manufacturer’s brand name and number, bid number and item reference. Samples of successful bidder’s items may remain on file with the Purchasing Department for the term of the contract. Request for return of samples shall be accompanied by instructions, which include shipping authorization and name of carrier, and must be received within ninety (90) days after bid opening date. If instructions are not received within this time, the Purchasing Department shall dispose of the samples.

23. Inspection, Acceptance and Title: Inspection and acceptance will be at the designated facility unless otherwise indicated. Title and risk of loss or damage to all items shall be the responsibility of the contract supplier until accepted by the City, unless loss or damage results from negligence by the City.

24. Insurance Requirements: Certificate of Insurance, Workers Compensation and endorsements evidencing the types of insurance and coverage required in this Section shall be furnished within three (3) calendar days of Bidder’s receipt of Notice of Intent to Award the Bid/ Contract and, at any time thereafter, upon request by the Purchasing Department.

The City of Bartow, 450 N. Wilson Ave., Bartow, FL 33830 shall be named as additional insured and the Successful Bidder shall, at minimum, provide, pay for, and always maintain in force during this project the following insurance:

WORKERS’ COMPENSATION:

Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers’ Liability with a limit of $500,000 each accident, $500,000 each employee, $500,000 policy limit for disease.

COMMERCIAL GENERAL LIABILITY – OCCURRENCE FORM REQUIRED:

(Contractor/Vendor) shall maintain commercial general liability (CGL) insurance with a limit of not less than $500,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000. Products and completed operations aggregate shall be $1,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent vendors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x,c,u) exposures, personal injury and advertising injury. Fire damage liability shall be included at $100,000.

COMMERCIAL AUTOMOBILE LIABILITY INSURANCE:

(Contractor/Vendor) shall maintain automobile liability insurance with a limit of not less than $1,000,000 each accident for bodily injury and property damage liability.

Such insurance shall cover liability arising out of any auto (included owned, hired, and non-owned autos). The policy shall be endorsed to provide contractual liability coverage.

EVIDENCE OF INSURANCE:

The (Contractor/Vendor) shall furnish the City of Bartow with Certificates of Insurance.

The Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf and coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. The City of Bartow is to be specifically included as an additional insured on all policies except Workers’ Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30-day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the City of Bartow before the commencement of any work activities.

25. Drug-free Workplace: This form shall be included with your bid.

26. Code of Ethics: If any bidder violates or is a party to a violation of the code of ethics of the

City of Bartow or the State of Florida, with respect to this bid, such bidder may be disqualified from performing the work described in this bid or from furnishing the goods or services for which the bid is submitted and shall be further disqualified from bidding on any future bids for work, goods, or services for the City.

27. Non-Exclusivity: Bidders agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor not listed on the approved vendors list at the City’s sole option.