ITB-23-55 Fluoride - Annual Contract.pdf

Office of Procurement

August 31, 2023

INVITATION TO BID

ITB-23-55

Sealed Bids will be received by the City of Winter Haven until 2:00 P.M., OCTOBER 5, 2023, at our ONLINE SOLICITATION platform, tor the following:

“Annual Contract – Hydrofluosilicic Acid (Fluoride)”

The products specified shall be furnished in accordance with the Invitation To Bid, Specifications, and Terms and Conditions attached hereto and made a part hereof as if fully set forth herein and any other documents prepared for this bid.

Questions concerning this bid must be submitted on or before 2:00 p.m., September 26, 2023, to Steven Warder at swarder@mywinterhaven.com Questions received after this time may not be answered.

Public Records – It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency / Fla. Statute

– 119.01(1). (Do not submit any documents that you do not want to be made public).

Bidders shall submit bids on the Proposal and Bid form furnished by the City. NOTE: Please upload all documents as one file for ease of access and to ensure receipt by the City. Please note the Affidavit form which must also be completed. W-9 should be attached to the bid. Payment will be rendered to the name and ID appearing on the W-9.

The City of Winter Haven reserves the right to reject any and all bids, to waive informalities, to re-advertise, and to enter into a contract determined to be in its best interest, in accordance with the Terms and Conditions referenced herein above.

Sincerely, CITY OF WINTER HAVEN

Bethany Owen Bethany Owen

Procurement Manager mailto:swarder@mywinterhaven.com

LEGAL ADVERTISEMENT

INVITATION TO BID

ITB-23-55

The City of Winter Haven will receive Sealed Bids until 2:00 P.M., October 5, 2023.

“Annual Contract – Hydrofluosilicic Acid (Fluoride)

Prospective bidders may obtain copies of the Invitation To Bid from the following website:

https://app.negometrix.com/buyer/690

Advertise: Sept 6, 2023 https://app.negometrix.com/buyer/690

Proposal and Bid Form

ITB-22-55

A. The following Proposal is hereby made to the City of Winter Haven, Florida, hereinafter called the CITY. Proposal is submitted by:

(Company)

B. The undersigned, as Bidder, hereby proposes and offers to sell to the CITY, the following:

Item Quantity Description Unit Price Total Price

1. 5,500 Gals Delivered – 55 Gallon Drums ________ _________

2. 5,000 Gal Delivered – Bulk _____________ ________ _________

* Minimum Order *Note: Eloisewood Water Plant cannot accept more than 300 Gallon Order Total, Items 1-2: _________

Successful bidder must bid on both drum and bulk delivery. Winning bid will be the lowest responsible/responsive bid when drum and bulk prices are combined. Estimated contract start date:

1/1/2024.

C. The undersigned agrees to deliver the above noted products, F.O.B., Winter Haven, Florida, within

_________________ after receipt of contract award in accordance with the Invitation To Bid, Specification, and Terms and Conditions attached hereto and made a part hereof as if fully set forth herein, dated _______________, 2023.

D. The undersigned acknowledges receipt of the following addenda which are a part of the Invitation To Bid:

Addendum No. ___________ Dated______________ Addendum No. ___________ Dated _____________

E. By signing and submitting this bid, the undersigned bidder hereby certifies that the company is not on the

Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria (for bid amounts of $1,000,000 or more). Any contract with the City of Winter Haven for goods and/or services of any amount, entered into on or after July 1, 2018, may be terminated at the sole option of the City of Winter Haven, at no cost to the City, if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, or if the company is found to have submitted a false certification as provided under subsection (5) of F.S.287-135.

F. A City of Winter Haven Procurement Card will be accepted as method of payment. ____ YES ____ NO

NOTE: if Bidder checks “yes” above, Bidder agrees that the City may use a City issued Mastercard for the payment of any and all invoices submitted as a result of the performance of this bid.

Date Name of Company

Bidder's Signature Address (Mailing)

Name/Title City State Zip

Federal Employer I.D. # (FEID) Telephone Number

Email Address

PBF-1

ITB-23-55 Hydrofluosilicic Acid (Fluoride) Specifications

GENERAL - The City is requesting quotes for Hydrofluosilicic Acid in 55 gallon drums to be delivered to its 9 water treatment plants. Please review the specs below for details. If you have any questions, please feel free to contact Steven Warder at swarder@mywinterhaven.com

HYDROFLUOSILICIC ACID – Nominal strength 23%, to be furnished in 55 gallon Drums and Bulk (specify minimum order quantity) meeting USEPA, FLA HRS, and AWWA standards for addition to drinking water.

Furnish certificate of analysis with your bid response as well as with every delivery.

APPROXIMATE QUANTITIES – annual usage is approximately 200 drums, with an average order of 4-6 drums delivered to different locations (i.e. order of six drums, each delivered to a different location).

DELIVERY LOCATIONS – individual delivery locations are listed below. Products are to be shipped F.O.B.

Winter Haven, Florida, and delivered to the individual facility where the product is requested. The drums must be put inside the fluoride buildings by the delivery driver.

1. THIRD STREET WATER PLANT - Drum

250 Post Avenue S.W.

2. INWOOD WATER PLANT - Drum 3401 Avenue T N.W.

3. RIDGE VO-TECH WATER PLANT - Drum

7700 SR 544

4. GARDEN GROVE EAST WATER PLANT – Drum 115 Byron Place

5. CYPRESSWOOD WATER PLANT - Drum

3140 Cypresswood Boulevard

6. ELOISEWOOD WATER PLANT – 300 Gallon Bulk Tank 100 Citrus Drive

7. WINTERSET GARDENS WATER PLANT - Drum

6501 Eloise Loop Road

8. WINTERSET WATER PLANT - Drum 6600 Cypress Gardens Boulevard

9. FAIRFAX WATER PLANT – 4,000 Gallon Bulk Tank

1334 Fairfax Street N.E.

DELIVERY TIMEFRAME – Products shall be delivered within seven (7) calendar days of request by the CITY to the requested locations. Facilities are surrounded by fencing which will require advance notice to the appropriate City personnel to allow the driver access to the facility.

BID DETAILS – Bid shall include price per gallon delivered, including freight pre-paid, F.O.B. to City facilities.

This price shall include all costs associated with delivering this product to the City’s facilities, including, but not limited to, the associated costs outlined in this document.

mailto:swarder@mywinterhaven.com

CONTRACT TERMS – The term shall be one (1) year. The contract, if awarded, may be extended an additional four (4), one-year renewals with the written mutual consent of both parties. Any request for price increase (yearly escalator) will remain negotiable at contact renewal. We will consider price increase which is supported by documentation of wholesale price increase. It will be up to the City to accept or reject the request for any price increase.

CITY OF WINTER HAVEN - TERMS AND CONDITIONS - GENERAL PROVISION CLAUSES (6/16/2023) products)

GENERAL CONDITIONS:

a) Bidders are required to submit their proposals subject to and upon the following express conditions:

b) Bidders shall thoroughly examine the specifications, instructions, all other Contract Documents, visit the site of this project (if applicable) and fully acquaint itself, at its own risk, with all conditions which may affect completion of this project and/or delivery of bid items. Prospective Bidders, subcontractors and suppliers are encouraged to attend a pre-bid conference and site visit if announced in the advertisement for bid and/or included in specifications. Work areas to be examined during the site visit may contain hazardous materials or conditions. Attendees should review the information and safety precautions set forth in the Bid Documents to determine for themselves appropriate protective clothing or equipment.

Attendees further agree to indemnify and hold the City of Winter Haven harmless from any and all claims of personal injury arising from their participation in the site visit.

c) These Terms and Conditions and any contract documents related hereto are subject and subordinate to any existing or future state, federal, or local law, regulation, or written policy, which may be applicable hereto, including any applicable building codes.

d) PUBLIC RECORDS

City and Consultant/Contractor agree that Consultant/Contractor shall comply with Florida’s public records laws to specifically include the following:

Public Records. Consultant/Contractor agrees to:

i) Keep and maintain public records required by the public agency to perform the service.

ii) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

iii) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant/Contractor does not transfer the records to the public agency.

iv) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Consultant/Contractor or keep and maintain public records required by the public agency to perform the service. If the Consultant/Contractor transfers all public records to the public agency upon completion of the contract, the Consultant/Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant/Contractor keeps and maintains public records upon completion of the contract, the Consultant/Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

e) IF THE CONSULTANT/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S/CONTRACTOR'S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY’S

CUSTODIAN OF PUBLIC RECORDS AT 863-291-5600, records@mywinterhaven.com; 451 THIRD

ST NW, WINTER HAVEN, FLORIDA 33881.

If the Consultant does not comply with a public records request, City shall enforce the contract provisions which may include immediate termination of contract.

f) It shall be understood and agreed that by the submission of a proposal, the Bidder, if awarded a contract, shall save harmless and fully indemnify the City and any of its officers, or agents from any and all damages that may, at any time, be imposed or claimed for infringement of any patent right, trademark, or copyright of any person or persons, association, or corporation, as the result of the use of such articles by the City, or any of its officers, agents, or employees, and of which articles the Contractor is not the patentee, assignee, licensee, or lawfully entitled to sell same.

g) It is the intent of the City of Winter Haven that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise Procurement at the address noted in the solicitation, if any language, requirements, etc. inadvertently limits the requirements stated in this Invitation to Bid to a single source. Such notification must be received in writing by Procurement not later than ten (l0) days prior to the bid opening date.

h) Bidders must possess any applicable business, contractor, or occupational licenses at the time of submission of the Bid. The City may request proof of such licensure. Bidders shall also obtain all permits required for this project.

i) The City shall be entitled to rely on the written representations of the Bidder. No claims shall be paid by the City unless in writing and approved by the City. Additionally, sovereign immunity is not waived as to any verbal representations or comments made by the City.

j) Unless detailed elsewhere in the bid documents, proof of insurance naming the City as an additional insured shall be required of the successful bidder (on any project requiring work, labor, and/or installation on City property) with the following minimum coverage: workers compensation, general liability, and automobile insurance in an amount and form acceptable to the City, with limits of no less than one-million dollars.

2) DEFINITIONS

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined:

a) ACCEPTANCE: The Seller shall be bound by the Purchase Order and its terms and conditions when it delivers the goods ordered or renders the services ordered by the City.

b) APPLICABLE LAW: Any contract entered into pursuant to this bid shall be construed in accordance with the laws of the State of Florida. Venue for any action or proceeding concerning this contract shall be in the State Courts of Polk County, Florida.

c) CHANGES: The City, without invalidating the Contract, may order changes, including additions, deletions, or modifications. The Parties recognize that said changes may affect price and time for performance, in which event appropriate adjustments will be considered. All such changes in the work shall be authorized in writing, signed by the City Manager or his designee, or the Procurement Manager in a manner consistent with contract documents. The price and the time for performance may be changed only by Change Order Request. By written instructions to the Contractor, the City may make minor changes in the work which are consistent with the purpose of the work and which do not change the contract price or time for completion. Procurement is to be notified of any proposed changes in: (a) materials used, (b) manufacturing process, or (c) construction. However, changes shall not be binding upon the City unless evidenced by a Change Order Request issued and signed by the Procurement Manager.

d) CITY: The City of Winter Haven, Florida or its authorized representative.

e) CONTRACT: The Contract executed by the City and the Contractor, and shall include all Contract and

Bid Documents.

f) CONTRACTOR: The successful bidder who enters into a Contract with the City to complete the project.

g) DEFAULT: Default in promised delivery of supplies, completion of project, or failure to meet specifications authorizes the City to terminate the Contractor's right to proceed with the order/work by giving the Contractor written notice. The defaulting Contractor may, at the discretion of the City, be charged the increase in costs of obtaining the goods/services elsewhere.

h) DOCUMENTS: The Bid Documents consist of the Invitation to Bid, Terms and Conditions, Construction

Agreement, Contract Bond, Special Provisions, Specifications, Technical Specifications, Proposal and Bid Form, Engineering Plans or Drawings prepared for a project, Addenda issued during the bidding period, and Change Orders issued after the Contract is let.

i) INDEMNIFICATION: As specified in the bid documents.

j) INSPECTION: The goods and services purchased are subject to the inspection and approval of the initiating department. The City reserves the right to reject goods and services which do not conform to provisions of the Purchase Order.

k) INSURANCE: As specified in the bid documents.

l) LIMITATION ON MUNICIPAL INDEMNITY: To the extent that the contract or agreement calls for the City to indemnify any party thereto, the following sentence shall be appended to the indemnity and shall control the indemnity as if set forth therein:

i) “Provided, however, that regardless of whether any such obligations incurred hereunder are based on tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the City of Winter Haven under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to section 768.28, Florida Statutes, as that section existed at the inception of this Contract or Agreement.” Provided further, no waiver of the City’s sovereign immunity is intended to be made herein.

ii) The addition of this language shall not be construed to create City indemnifications where none are expressly made in the terms and conditions of the contract or agreement.

m) ONLINE SOLICITATION: The City utilizes an internet based ONLINE SOLICITATION SYSTEM at www.negometrix.com to post solicitation opportunities.

n) PLATFORM: The City’s internet based online solicitation system is identified as and located at https://app.negometrix.com/buyer/690 (Provider). The Platform is utilized by the City and the Suppliers to:

1) allow Suppliers to register and manage their company records; 2) City posts and issues solicitation packages for Suppliers from inception to award of a solicitation; 3) allows Suppliers to submit a response online, electronically, through the Platform; 4) allows Suppliers to view all public record documents related to the Online Solicitation.

File Uploads - All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Suppliers will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Suppliers will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

o) STATEMENT OF ASSURANCE: No bids submitted shall be considered unless the Bidder warrants that upon execution of a Contract with the City it will:

i) not engage in employment practices that have the effect of discriminating against employees or prospective employees because of race, color, religion, sex, national origin, age, disability, or marital status

ii) will submit such reports as the City may thereafter require to assure compliance.

p) SUB-CONTRACTOR: An individual, firm, company, corporation, association, society or group which enters into a contract with the Contractor to do a portion of the work on this project.

q) TITLE: The risk of loss of goods covered by the Purchase Order shall remain with the Seller until the goods have been delivered to a designated site and actually received by the City. Any damage to the material and equipment, or loss of any kind, occasioned in transit shall be borne by the Seller.

r) WARRANTY: The Contractor shall not incorporate in the work of a project any materials or equipment subject to a chattel mortgage, a conditional sales contract, or any other agreement permitting a Vendor to retain an interest. The Contractor shall warrant clear title to all materials and equipment incorporated in the work; when the project is completed, the Contractor shall deliver to the City the improvements it has incorporated free of any lien or claim. The provisions of this section shall be included in all contracts with Vendors and Sub-Contractors. Vendors who furnish materials without a formal contract shall be given notice by Contractor that this provision exists.

3) INTERPRETATIONS OR ADDENDA:

a) No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof--to include any error, omission, discrepancy or vagueness. Every request for such an interpretation shall be made in writing to the City Procurement Manager. Any inquiry received prior to the cut-off time and date for questions will be given consideration. Where necessary, interpretations made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on file in the office of Procurement. In addition, all Addenda will be posted for review by the General Public on the City’s e-procurement platform: https://app.negometrix.com/buyer/690

b) A notification will be emailed to vendors who are registered for that particular bid on the Mercell platform.

c) The City shall not be responsible for the safe delivery of the Addenda/email notification. It shall be the Bidders' responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract Documents and all Bidders shall be bound by such Addenda, whether received or not.

4) MANUFACTURER'S NAMES AND APPROVED EQUIVALENTS:

a) Unless specifically set forth in the specifications, any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to unfairly limit competition. The bidder may offer any brand for which they are an authorized representative, which meets or exceeds the specification for any item(s). If bids are based on equivalent products, indicate on the bid form, the manufacturer's name and number. Bidder shall submit with their proposal descriptive literature, and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy the provision. The bidder shall also explain in detail the reasons why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids which do not comply with these requirements are subject to rejection within the discretion of the City.

b) Alternate bids will not be considered unless alternate bids are specifically required by the technical specifications. (For purposes of these Terms and Conditions, Alternate bids shall mean any bid which deviates from the specific type of product; method of construction; or plans specified in the Invitation to Bid.)

5) SAMPLES:

a) Samples of products, 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 name brand name and number, bid number and item reference. Unsuccessful Bidders can reclaim samples upon payment of postage, delivery, or pick-up charges, if any. Successful Bidder's samples shall remain with the City until performance under the contract has been completed. If forwarding instructions, or pick-up, is not made by Bidder within ninety (90) days of the bid opening, the commodities shall be disposed of by the City.

6) PROTEST PROCEDURES:

The City of Winter Haven encourages prompt and fair handling of all complaints and disputes with the business community. In order to resolve disputed matters in an equitable manner without fear of retribution on the part of a vendor or person, the following shall apply:

a) All formal Invitations To Bid shall include the following statement: “NOTE: THE FAILURE TO FOLLOW

THE BID PROTEST PROCEDURE REQUIREMENTS WITHIN THE TIME FRAMES PRESCRIBED

HEREIN AS ESTABLISHED BY THE CITY OF WINTER HAVEN, FLORIDA, SHALL CONSTITUTE A

WAIVER OF BIDDERS PROTEST AND ANY RESULTING CLAIMS.”

b) RIGHT TO PROTEST: Any aggrieved, actual or prospective bidder in connection with a solicitation or pending award of a bid or contract may protest to the Procurement Manager.

c) NOTIFICATION: Procurement shall post all recommendations of award available for review by the General Public on the City’s e-procurement platform: https://app.negometrix.com/buyer/690. A notification will be emailed to vendors who are registered for that particular bid on the platform.

d) INITIAL NOTICE: Any person adversely affected by an intended decision or action with respect to the initial recommendation of award of any bid or action shall file with the City’s Procurement Manager a written notice of intent to file a protest. For the purpose of computation, the initial notice of intent to file a protest must be received by the Procurement Manager no later than three o’clock (3:00) p.m. on the third (3rd) workday following the e-mailing date of the notice of the initial recommendation of award (excluding Saturdays, Sundays and legal City holidays). In addition, a non-refundable protest bond (the “Bond”) in the amount of one thousand dollars ($1,000.00) in the form of a cashier’s check payable to the City of Winter Haven must be submitted with the initial notice of intent to file a protest. The initial notice of intent to file protest must be in writing and shall state the basis of the protest (recommendation of award protest or other) and clearly indicate that its purpose is to serve as the initial notice of intent to file a protest.

Failure to clearly indicate its intent or failure to provide a Bond shall constitute a waiver of the right to seek any remedy provided under these protest procedures. Upon the timely receipt of an initial notice of intent to file a protest and the required Bond, the Procurement Manager shall toll (put on hold) any further actions related to the recommendation of award (except as noted below). Should the affected party decide to withdraw its initial notice of intent to file a protest during the tolled action the Bond will be refunded in full. This is the only reason the City will refund the Bond other than a finding in favor of the protestor.

i) If during tolled action, the City Manager determines that an Emergency Purchase is necessary, as defined in this Procurement Manual, action may be taken to secure the goods or services.

e) FORMAL NOTICE: Any person who has filed an initial notice of intent to file a protest, as described above, shall file a formal written protest within ten (10) calendar days after the date of the filing of the initial notice of intent to file a protest. Any amendment to the formal written protest shall be in writing and received by the Procurement Manager within ten (10) calendar days of the date of the initial notice of intent to file a protest. No amendments to the protest will be allowed after the ten (10) calendars day period has expired. The formal written protest shall contain the following:

i) City bid number and/or title (if applicable).

ii) Name and/or address of the City department, division or agency affected (if known).

iii) The name and address of the affected party, and the title or position of the person submitting the protest.

iv) A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate.

v) Concise statement of the facts alleged and of the rules, regulations, statutes ordinances and constitutional provisions entitling the affected party to the relief requested.

vi) The statement shall indicate the relief to which the affected party deems himself/herself entitled.

vii) Such other information as the affected party deems to be material to the issue.

f) PROTEST MEETING: The Procurement Manager will notify all parties and schedule a protest meeting.

The protest will be presented to the Protest Committee, which shall be made up of three (3) members consisting of the Assistant to the City Manager or designee who will serve as the Chairperson, the Assistant Director of Financial Services or designee and the Procurement Manager or designee. The City Attorney or designee shall be present and act in an advisory capacity to the Protest Committee. The Protest Committee shall meet with the protesting party within fourteen (14) workdays (excluding Saturdays, Sundays and legal City holidays) of receipt of the formal written protest. The response time may be extended, if necessary. All affected parties will be notified of the location, date and time of the Bid Protest meeting and will be allowed the opportunity to make their presentation to the Bid Protest Committee. The parties may bring a representative if they so choose. The Procurement Manager or designee shall present the background for the protest to the Committee. The purpose of the protest meeting is: 1) to question and review the basis of the protest; 2) to evaluate the facts and merits of the protest and 3) gather information in order to submit a recommendation to the City Manager. The agenda for the protest meeting will be:

i) The User Department will present the background as to why the recommendation for award was made or why the vendor was not selected.

ii) The protesting party or their representative will speak to how they were adversely affected by the decision of the City of Winter Haven.

iii) Any other affected parties or their representative will be given the opportunity for rebuttal and to present any facts that they deem are relevant to the protest.

iv) During the meeting, the Protest Committee may ask questions of all parties as necessary.

g) The Protest Committee will render their recommendation in writing to the City Manager within five (5) workdays of the bid protest meeting. The City Manager may conduct an evidentiary hearing, if there are disputed issues of material fact. The City Manager will conduct a review and make a final written decision within ten (10) workdays after receipt of the recommendation; date of the hearing; or the review, whichever is later. The City Manager’s decision shall be final and binding. No further protests of the action in question will be heard by the City.

h) Any person who is aggrieved by the final and binding decision of the City Manager shall be entitled to a review of the final and binding decision by the 10th Judicial Circuit Court of Polk County, Florida by filing an appropriate petition with the Clerk of the Court within 30 calendar days following the rendering of the City Manager’s final and binding decision.

7) PROPOSALS

a) The Bid must contain a manual signature of an authorized representative of Bidder in the space provided on the proposal form. Each Bidder shall be responsible for the accuracy of his proposal. Bidders cannot obtain relief by pleading that it made an error in its bid.

b) Submittals must be received no later than the time and date specified in the solicitation, and submitted via the e-procurement platform. No bid will be accepted after the specified deadline on the Mercell platform.

c) The Procurement Manager may elect to cancel or postpone a bid at any time prior to the time and date set to open bids.

d) Sealed bids, proposals, or replies received by the City pursuant to an Invitation to Bid are exempt from disclosure under s.119.07(1) and s.24(a), Art. I of the State Constitution until such time as the City provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

e) If the City rejects all bids, proposals, or replies submitted in response to an Invitation to Bid and the City concurrently provides notice of its intent to reissue the Invitation to Bid, the rejected bids, proposals, or replies remain exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the City provides notice of an intended decision concerning the reissued Invitation to Bid or until the City withdraws the reissued Invitation to Bid. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City notice rejecting all bids, proposals, or replies.

f) Bid and affidavit (which includes Non-Collusion; Drug-Free Workplace and Affidavit Certification Immigration Laws) should be submitted on the form furnished by the City and completed by the Bidder without additions, modifications, deletions, and erasures. Bids not submitted on attached bid form may be rejected. All corrections made by Bidder to their bid must be initialed. Each Bidder shall submit its proposal on the e-procurement platform as specified on the Invitation To Bid. It is the Bidder's responsibility to assure that its bid is submitted by the proper time of the bid opening. Bids which are not received, as set forth herein, may not be considered.

g) Telegraph, telephone, e-mail, electronically transmitted, posted (USPS, FedEx, UPS, etc.), or facsimile

(FAX) bids will not be considered. Bids may be modified, provided such modification is submitted on the platform prior to the time and date set for the bid opening. Each Bidder shall be solely responsible for the costs associated with preparation and submittal of its bid.

h) BIDS RECEIVED AFTER THE TIME AND DATE SET FOR THE BID OPENING WILL NOT BE

CONSIDERED.

8) PRICES, TERMS, AND PAYMENT:

a) Prices shall be firm and good for ninety (90) days after the bid opening and shall include all labor, materials, supplies, equipment, overhead, profit, insurance, applicable taxes, packing, shipping charges, and delivered to any point designated by the City.

b) Taxes: (For purchase of products only) - Bids shall not include federal excise or state sales taxes in bid prices of products only as these are not applicable to municipalities.

c) Discounts: Bidders may offer a cash discount for prompt payment; however, such discounts shall NOT be considered in determining the lowest net cost for bid evaluation purposes. Bidders are encouraged to reflect cash discounts in the unit prices quoted. Any discount offered shall allow no less than fifteen (l5) days for payment.

9) SUBMITTING A “NO BID” OR A “NO CHARGE”:

a) Bidders that wish to not bid on some of the item(s) sought by this solicitation must mark those item(s) as

“No Bid.” However, if some of the item(s) are being offered at no charge, then bidders must mark those item(s) as “No Charge.” Items that are left blank shall be considered a “No Bid” for that item, and the bid shall be evaluated accordingly.

10) MISTAKES; INACCURACIES; INCOMPLETE INFORMATION:

a) Bidders are expected to examine the specifications, delivery schedule, bid prices, and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk.

b) In the purchasing of goods or supplies, without labor, where the bid contains a mistake in extension or total bid amount, the unit price will govern. The City shall be entitled to presume that a mistake has been made where the unit price and total or extension do not equate.

c) The City reserves the right to contact bidders, telephonically or in writing, to clarify inconsistent, inaccurate, or confusing information regarding the proposal submitted. As well, the City reserves the right to demand the execution or re-execution of the proposal, affidavit, or certification required to be accompanied with the bid proposal, when it appears to the City that the deficiency was an oversight in good faith. It shall be presumed that proposals submitted without signatures on the affidavit or on the proposal is non-responsive and shall not be considered for clarification or correction.

11) SAFETY STANDARDS:

a) Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of federal, state, and local law, including, but not limited to the Occupational Safety and Health Act and REGULATIONS OR STANDARDS THEREUNDER.

12) INVOICING AND PAYMENT:

a) The Contractor shall be paid upon submission of proper invoices to the City at the prices stipulated in the contract at the time the order is placed, after delivery and acceptance of the goods, less deductions, if any, within thirty (30) calendar days after approval of invoice by ordering department and the Finance Department of the City. If a cash discount is taken by the City on a prompt payment invoice, payment shall be made within the time specified, but not less than fifteen (l5) days. Contractor(s) shall include the purchase order number on invoices for purchases against any contract resulting from this bid. An original and one (l) copy of the invoice shall be submitted. Failure to follow these instructions may result in delay in processing invoices for payment. In addition, the purchase order number must appear on bills of lading, packages, cases, delivery lists and correspondence. No overcharge will be paid. In the event the successful bidder submits an invoice with an overcharge, a credit memo must be submitted by the bidder to correct such overcharge. Any applicable discounts that apply as a result of this contract will be taken even though the allowable time has lapsed due to the time awaiting credit memorandums.

13) WITHDRAWAL OF PROPOSALS:

a) A bidder may withdraw its proposal prior to the time fixed for the bid opening. A bidder may also withdraw its proposal if the City does not accept it within ninety (90) calendar days after the date fixed for the bid opening after proper written notification is received by Procurement. Notwithstanding any withdrawal, all bid documents received by the City shall remain the property of the City of Winter Haven.

14) REJECTION OF BIDS:

The City may reject a bid if:

a) The Bidder mis-states or conceals any material fact in the bid, or if,

b) The bid does not strictly conform to the law or the requirements (including the terms and conditions set forth herein) of the bid, or if,

c) The Bidder's bid is submitted in a manner to limit competition.

i) Within applicable Spending Approval Thresholds, a Department Director, the Procurement Manager, the City Manager and the City Commission shall have the right to reject all bids and request the entire transaction be rebid in the best interests of the City. The City may also waive any minor informalities, irregularities or technicalities in any bid.

15) STATEMENT OF BIDDER'S QUALIFICATIONS:

a) Each bidder shall, upon request of the City, submit a statement of the Bidder's qualifications, its experience record in furnishing a particular commodity or constructing any type of improvements embraced in the Agreement, its organization and equipment available for the work contemplated, and, when specifically requested by the City, appropriate financial information which would assist in determining bidders ability and solvency to perform work contemplated by the Agreement. The Bidder may also be requested to furnish references which the City may use to verify claims of competency. The City shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform its obligations under the Contract; and the Bidder shall furnish the City all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the City that the Bidder is qualified to carry out properly the terms of the Contract.

16) AWARD OF CONTRACT:

Notwithstanding the provisions of the Local Preference Ordinance:

a) The City reserves the right to award contract(s) to more than one Bidder, to split awards, to award contracts by item or group of items, to make partial awards, or to decrease or increase any or all quantities that is in the City's best interest.

b) In evaluating and making any award of a bid to the lowest most responsive bidder, the City may take into consideration a bidder’s previous work performance with the City based on information in completed City Contractor Evaluation Forms for a previous project and/or any negative feedback from references provided. Information on such completed City Contractor Evaluation Forms and/or negative references may be the basis for a decision by the City to either reject a bid or not award a bid as determined by the City in its best interests.

c) The Bidder may qualify its bid for acceptance by the City on an "All or None" basis. An "All or None" basis bid must include all items upon which bids are invited. Bidders are hereby notified that a bid submitted on an "All or None" basis is at risk for rejection in instances where the City may deem it necessary to split or divide a project as set forth herein. Bidders shall denote on the front page of the bid proposal as to whether the bid is an "All or None" bid.

d) A written award of acceptance or a signed Purchase Order mailed or otherwise furnished to the successful Bidder results in a binding contract without further action by either party. The signed Purchase Order authorizes the Bidder to submit the product(s).

e) After issuance of a notice of intent to award and no protests having been timely filed, award shall be made to the lowest, responsive and responsible bidder (or as specified in the bid documents). Additional criteria as set forth in the ITB will be considered in the award of the bid. The lowest responsive and responsible bidder will be determined after evaluation of the bid by the user department/division and their consultants, when applicable. In determining the lowest responsive and responsible bidder, in addition to price, the following may be considered as criteria if noted in the bid documents:

i) Contractor evaluations – quality of performance on previous projects.

ii) Ability, capacity, equipment and skill of the bidder to fulfill the contract.

iii) Ability of bidder to fulfill the contract within the time specified, without delay or interference.

iv) Character, integrity, reputation, judgment, experience and efficiency of the bidder.

v) Previous compliance by the bidder with laws and ordinances relating to the contract.

vi) Sufficiency of the financial resources to fulfill the contract to provide the goods and/or services.

vii) Quality, availability and adaptability of the supplies or contractual services to the particular use required.

viii) Ability of the bidder to provide future maintenance and service, as required or needed.

ix) Number and scope of conditions attached to the bid.

x) City Commission shall make bid awards for purchases of $50,000.00 or greater, if funds are budgeted and there is no successful bid protest. Work shall not begin until issuance of a Purchase Order, Notice to Proceed, or a contract is executed by the City Manager, as applicable.

f) Prohibition Against Considering Social, Political or Ideological Interests in Government Contracting – F.S.

287.05701: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City’s governing body may not give preference to a Bidder based on the Bidder’s social, political or ideological interests.

17) OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES:

a) The City of Winter Haven encourages and agrees to the successful bidder extending the pricing, terms, and conditions of this solicitation and any resulting contract (if there is any such resulting contract) to other governmental entities at the discretion/option of the successful bidder.

18) LOCAL PREFERENCE ORDINANCE

a) THE CITY OF WINTER HAVEN, FLORIDA HAS ENACTED ORDINANCE NO. O-10-17, RELATING TO

A POLICY OF LOCAL PREFERENCE IN CONJUNCTION WITH THE PURCHASE OF GOODS AND

SERVICES;

b) Where competitive bids are received for the purchase, or contract for, personal property or contractual service, the city commission, city manager or procurement agent may give local preference to local vendors as defined herein and shall implement such policy in the following manner:

c) Except as exempted in this policy, local vendors, defined as any business having a physical location within the City of Winter Haven’s utility service area at which employees are located and from which business is regularly transacted, shall be given preference in the purchasing of goods and services when bids are sought as follows:

i) When bids are received and the lowest bid price does not exceed $15,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 6% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or

ii) When bids are received and the lowest bid price does not exceed $25,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 5% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or

iii) When bids are received and the lowest bid price does not exceed $50,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 4% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or

iv) When bids are received and the lowest bid price does not exceed $150,000.00 and the vendor offering the low bid is located outside the City limits of Winter Haven, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 3% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or

v) When bids are received and the lowest bid price does not exceed $250,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 2% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City, or

vi) When bids are received and the lowest bid price exceeds $250,000.00 and the vendor offering the low bid is located outside of the City of Winter Haven’s utility service area, and the next lowest price is offered by a vendor located within the City of Winter Haven’s utility service area and is within 1% of the lowest price offered, then the Winter Haven vendor shall be given the opportunity to match the lowest price offered, and if agreed to, the Winter Haven vendor will be awarded the bid as long as the Winter Haven vendor is otherwise fully qualified and meets all bid requirements as determined by the City.

d) The provisions of this ordinance shall not apply to the purchasing of goods and/or services by the City of Winter Haven involving the following entities and/or situations as follows:

i) Purchase and or sale of real property,

ii) Bids that meet the criteria of Florida Statute 255.0991, subsection (2), or are prohibited thereby,

iii) Bids for contracts that are being funded by an outside source or agency that does not allow for a local preference, or that stipulates the award criteria,

iv) Proposals related to Florida Statute 287.055 (Consultants Competitive Negotiation Act).

v) The purchase of personal property to the extent governed by Florida Statute 287.084.

vi) Any other purchases that are determined by the City to be exempt from the local preference policy established herein.

19) PERFORMANCE:

a) Contractor shall keep the City advised at all times of status of order. Default in promised delivery of supplies, completion of project, or failure to meet specifications authorizes the City to terminate the Contractor's right to proceed with the order/work by giving the Contractor written notice, and to purchase supplies/services elsewhere, and charge full increase of cost and handling to defaulting Contractor.

b) The Contract shall not be terminated nor the Contractor charged with liquidated damages (if otherwise provided for in the contract documents) because of any delays due to unforeseeable cause beyond the fault or negligence of the Contractor, including but not restricted to acts of God, acts of the City, fires, floods, epidemics, strikes, (with which the Contractor has no direct connections), and unusually severe weather. The Contractor shall, within ten (l0) calendar days from the beginning of such delay, notify the City, in writing, of the cause for the delay. If, in the opinion of the City, the failure of Contractor to perform the conditions of this contract is occasioned by or is the result of acts or events over which the Contractor has no control, said delay in performance may be excused.

c) The Contractor shall take into account all contingent work which has to be done by other…