CITY OF BARTOW INSTRUCTIONS TO BIDDERS

(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.

2. Bid Opening: It is the responsibility of the bidder to assure that their bid is delivered or submitted at the proper time and place prior to the bid opening. All bid openings shall be public, following 2:00 p.m., on the date specified in the Notice to Bidders. Bids which for any reason are not so delivered or submitted electronically through the City’s e-procurement system, will not be considered. Bid Submittals Using Facsimile or Email Will Not Be Accepted.

Note: In accordance with Florida Statute 119.071, a listing of vendors that provided a bid submittal shall be posted to the City’s e-procurement platform OpenGov;

https://www.cityofbartow.net/313/Review-Current-Bids.

All bids shall remain exempt from disclosure, including bid amounts, until recommendation of award or 30 days after bid opening, whichever event occurs first.

Should the City reject all bids, before the recommendation of award or 30 days after bid opening, and concurrently provide notice of the City’s intent to reissue the bid, the rejected bids will remain exempt from Florida Statute 119.07 until such time as the City provides notice of recommendation of award of the reissued bid or until the City withdraws the reissued bid. The bid is not exempt for longer than 12 months after the notice of rejection of all bids.

3. Bid Documents: The vendor is solely responsible for reading and completely understanding the requirements of the bid Documents. The bid opening time will be scrupulously observed. Under no circumstances will Bid Submittals delivered after the delivery time specified be considered. Late Bid Submittals shall not be accepted.

4. Bid Submittals: may be withdrawn by notifying the City, in writing, at any time prior to the deadline for bid submittal. After the deadline, the bids 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. Bid Submittals and any bid security shall be in force for a period of not less than ninety (90) calendar days after the bid opening time.

At the time and place specified for the opening of Bid Submittals (see above #2) every Bid Submittal properly delivered within the time specified for receiving Bid Submittals will be opened and publicly read aloud, irrespective of any irregularities found therein. Bidders and other people interested may be present or represented.

https://www.cityofbartow.net/313/Review-Current-Bids

5. Bids: Supplementary Conditions, Special Conditions, Drawings, Instructions to Bidders, the Terms and Conditions of the Bid Document, Exhibits, the Bid Submittal, Technical Specifications, and any resulting addenda issued together therein identified constitute the entire “bid package” and upon award shall constitute the Contract Documents concerning this present bid matter.

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

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

8. 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.

9. 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.

10. 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.

11. Discounts: Bidders may offer a cash discount for prompt payment (within 30 days);

however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Bidders are encouraged to reflect cash discounts on the prices quoted.

12. 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.

13. 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 mailto:cbrown.finance@cityofbartow.net 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 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.

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

15. 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.

16. 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.

17. 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.

18. Bid Price Increases: The City of Bartow depending on the budget for said FY may allow for a Consumer Price Index (CPI) increase after the initial term of the original bid/contract upon request from the vendor. The CPI shall be in accordance with the Bureau of Labor Statistics (BLS) https://www.bls.gov/cpi/.

a. If the BLS increase doesn’t meet the needs of the awardee, and the awardee cannot honor the prices submitted they must notify the City within sixty (60) days prior to the end of the term/ service year period, then the City will not exercise the renewal options and will rebid for said needs to allow bidders the opportunity to update pricing based upon the current economy.

b. This doesn’t guarantee award of the new bid to the current vendor as bids are awarded based on the overall lowest responsive and responsible bidder meeting bid requirements for that specific bid.

19. Bid Term:

a. Annual Bids: shall be for a period of one (1) year from the date of bid award with options to automatically renew for two (2), one (1) year terms following the initial term unless otherwise terminated in accordance with the termination clauses https://www.bls.gov/cpi/ provided herein. The City and/or Awardee may opt out of such renewal option(s) with written notice provided to the appropriate party within sixty days (60) prior to the end of a service year period.

b. One-Time Bids: shall be for a period not to exceed the awarded project completion date agreed upon by both parties and/or the current fiscal year (FY); September 30, of said FY (“Termination Date”) and shall not contain any renewal options.

Additional commodities and/or services in accordance with the terms & conditions of this bid, to include the scope of work and pricing, may be purchased from the Awardee for a period not to exceed the Termination Date unless otherwise specified with the specification.

20. Bid Extension:

a. Annual Bids: If the City provides notice to the Vendor at least 30 days prior to the end date (Termination Date) that it has not put in place a new bid for the goods, then this Bid shall remain in effect on a month-to-month basis until terminated by written notice from the City Purchasing Department to the Vendor, but not longer than four (4) months following the termination date. OR

b. One-Time Bids: if the project cannot be completed within the awarded timeframe, a change order or amendment must be executed in writing. The document must be signed by both parties and include full details of the revised terms.

21. Placing of Orders: The award of this bid does not constitute an order. Before shipments or service is provided, the vendor shall receive a signed Purchase Order or Purchase Order number. In some cases, vendors shall be issued blanket orders. In this case shipments shall be specified on the order.

22. 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 or suppliers.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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 $100,000 each accident, $100,000 each employee, $500,000 policy limit for disease.

COMMERCIAL GENERAL LIABILITY – OCCURRENCE FORM REQUIRED:

Awardee 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:

Awardee shall maintain automobile liability insurance with a limit of not less than $5,000,000 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:

Awardee 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.

28. Statement of “NO BID”: Bidders not interested in submitting a bid should return a “no bid,” with an indication of the reason for no bid and the interest in future bid solicitations.

This form provided herein shall be submitted prior to any Pre-Bid Meeting or Bid Opening if there is not a Pre-Bid Meeting.

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

30. Bid Protest: Any bidder desiring to file a bid protest, with respect to a recommended award of any bid, shall do so by filing a written protest. The written protest must be in possession of the Procurement Department within three (3) working days of the Notice of Recommended Award posting date. All bidders who bid will be sent a Notice of Recommended Award, unless only one bid is received. A copy of the bid protest procedures may be obtained from the City of Bartow’s website:

https://www.cityofbartow.net/431/Protest-Procedures.

“Failure to Follow Bid Protest Procedure Requirements Within the Time Frames Prescribed Herein as Established by the City of Bartow, Florida Shall Constitute a Waiver of Your Protest and Any Resulting Claim.”

31. 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.

32. Non-Exclusivity: Bidders acknowledge and understand that award of this project 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 at the City’s sole option.

https://www.cityofbartow.net/431/Protest-Procedures