ITB-W-1556.pdf

ITB-W-1556.docx Last printed 5/15/2025 2:28:00 PM

ITB-W-1556 INVITATION TO BID MAY 15, 2025

ELECTRONIC BIDS FOR FURNISHING POOL CHEMICALS FOR THE CITY OF WARREN PARKS AND

RECREATION DEPARTMENT ARE BEING ACCEPTED.

ELECTRONIC BIDS MUST BE ENTERED INTO THE BIDNET (MITN) PROCUREMENT SYSTEM ON, OR BEFORE, 12:30 PM, WEDNESDAY, MAY 28, 2025.

PLEASE SEE SPECIAL INSTRUCTIONS ON PAGE TWO (2) OF THE BID FORM

A PUBLIC BID OPENING WILL TAKE PLACE AT 1:00 PM EST ON MAY 28, 2025 VIA THE “ZOOM APP”

WHICH WILL BE HOSTED BY THE CITY COUNCIL OFFICE. PLEASE JOIN THE ZOOM MEETING BETWEEN

12:50 AND 1:00 PM EST, ON THE DAY OF THE BID OPENING IN ORDER TO VIEW OR LISTEN TO THE BID

OPENING VIA THE ZOOM APP.

LINK TO ZOOM MEETING:

https://cityofwarren.zoom.us/j/84974464886?pwd=MaelgkTSiqOoTcbTPRdTbrHeWjuPq2.1

ZOOM CALL-IN #: 1 929 205 6099

ZOOM MEETING ID: 849 7446 4886

ZOOM MEETING PASSWORD: 679584

Addenda, clarifications and changes to the bid documents must be obtained on line by registering

(free registration available) for the MITN system as follows: 1) go to www.BidNetDirect.com/MITN,

2) Click on “Register Now”, 3) Activate your account & select your registration option. Call 800-

835-4603 and press option two (2) to speak live with customer support.

YOU SHOULD REGISTER FOR NIGP CODES

18000 – Chemical Raw Materials

19000 – Chemicals and Solvents, Commercial (Bulk)

65000 – Park, Playground, Recreational Area, and Swimming Pool Equipment & Supplies

88500 – Water and Wastewater Treating Chemicals

91263 – Maintenance and Repair, Swimming Pool

98883 – Swimming Pool Management and Operation

Additional information regarding this bid or any questions can be answered by contacting the

Assistant Buyer, Shanah Turner of the City of Warren, Purchasing Division preferably by e-mail, sturner@cityofwarren.org., Subject: ITB-W-1556.

Sincerely, Shanah Turner

Assistant Buyer

Lori M. Stone, Mayor

Purchasing Division Office of the Controller One City Square, 4th Floor, Suite 425 Warren, Mi 48093-5289

Phone (586) 574-4639

FAX (586) 574-4614

https://cityofwarren.zoom.us/j/84974464886?pwd=MaelgkTSiqOoTcbTPRdTbrHeWjuPq2.1 http://www.bidnetdirect.com/MITN

ITB-W-1556 CITY OF WARREN PAGE 2 OF 14

COMPANY NAME: _____________________________________

SPECIAL INSTRUCTIONS FOR ELECTRONIC BID SUBMISSION:

The City will require the vendor to perform the following, via the BidNet (MITN) system, within the bid solicitation, in order to have the bid considered for award:

1. The bidder shall complete the bid form in its entirety, sign Page 3 and all other appropriate areas (clauses, etc.), scan the document, and upload the completed document (pages 1-14) with your electronic bid submission.

2. If the Vendor has any questions regarding the steps needed to complete the electronic bid submission, they shall contact the BidNet (MITN) help desk at 1-800-835-4603. Select Option 2 when prompted.

3. Electronic bids must be entered no later than the bid due date and time. The BidNet (MITN) system will prohibit vendors from entering bid information after the scheduled due date/time.

4. The City of Warren shall not have access to bid results until after the scheduled due date and time.

5. The bid opening shall be made available to the public via a ”Zoom Meeting”. Interested parties will need to access the Zoom app and enter the Meeting ID # and the Password in order to obtain access to the public bid opening. Interested members of the public may view or listen to the results at that time.

6. The Zoom Meeting Call-in #, ID# and password for this bid opening can be found on the first page of this bid document.

7. The link to view the bid opening via “Zoom Meeting” can be found on the first page of this bid document.

8. The public shall have the ability to join the Zoom Meeting any time after 12:50 pm EST on the bid due date.

9. The public bid opening via “Zoom” shall occur at 1:00 pm EST on the bid due date.

ITB-W-1556 CITY OF WARREN PAGE 3 OF 14

BID PROPOSAL FORM:

The undersigned proposes to furnish POOL CHEMICALS at the prices shown on Pricing Page 5 of this bid and summarized below. Prices shall be held firm by the vendor for a sixty (60) day period from bid due date.

ITEMS #5, 6, AND 7 ARE BRAND NAME ONLY (TAYLOR)

PRICING SHALL BE F.O.B. DESTINATION

GRAND TOTAL (FROM PRICING PAGE 5): $_____________________________

IT IS MANDATORY OF ALL BIDDERS TO RETURN THIS SHEET FULLY COMPLETED AND

SIGNED BY AN AUTHORIZED REPRESENTATIVE WITH THEIR ELECTRONIC BID. FAILURE TO PROPERLY

SIGN IN THE AREA PROVIDED BELOW WILL RESULT IN YOUR BID NOT BEING ACCEPTED.

The undersigned has carefully checked the bid figures and understands that he shall be responsible for any error of omission in this bid offer and is in receipt of all addenda, as issued.

Signature of ___________________________________________ DATE: _______________________________

Authorized Company Representative

__________________________________ COMPANY NAME: ______________________________________

(Print name of Signature)

ADDRESS CITY STATE ZIP CODE

TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS

WARRANTY (If Applicable)

YEARS IN BUSINESS COMPANY CONTACT PERSON WITH TELEPHONE NUMBER

ACKNOWLEDGMENT OF ADDENDA:

In the event that any addenda are posted on the MITN system, acknowledge receipt of the addenda by indicating the addenda number below and sign in the space provided. A copy of each addenda posted should be included in your proposal:

Addenda #1: _______________ Signed: _____________________________________

Addenda #2: _______________ Signed: _____________________________________

EXCEPTIONS: Where an exception to any specification is taken, such exception shall be clearly indicated below and along with the specifications attached hereto, shall be considered an integral part of this bid proposal.

ITB-W-1556 CITY OF WARREN PAGE 4 OF 14

PRICING PAGE

Pricing Page 5 is available as a separate document on the

BidNet (MITN) system. Please be sure to complete the pricing page, enter company name at the bottom of the pricing page, and submit with your electronic bid.

ITB-W-1556 CITY OF WARREN PAGE 6 OF 14

PRICE CLAUSE:

The City of Warren requests that prices and discounts be held firm for 60 days or bid award, whichever comes first, except for the successful vendor whose bid shall be firm for a one (1) year period, commencing on August 1, 2025, or upon the official date of Warren City Council approval, whichever occurs later.

There is an option to extend the award for one (1) additional one (1) year period through mutual consent of both parties.

Authorized Signature for _________________________________________________________

Price Clause

ESTIMATED QUANTITIES:

Quantities indicated are estimates for bid award purposes and are estimated on an annual basis.

The City has provided the best estimate of quantities and actual usage may increase or decrease.

Vendor shall supply items as per bid and hold the City harmless for increase or decreases in quantities.

The City will not be placing one order for all items at one time. Orders will be placed throughout the contract period.

Authorized Signature for_________________________________________

Estimated Quantities Clause

DELIVERY:

The bidder shall include in the bid price all applicable delivery charges.

_____ Number of days to complete delivery after receipt of an order.

All pool chemicals shall be delivered F.O.B. destination to the following address:

City of Warren

Community Center

5460 Arden Ave.

Warren, MI 48092

Attn: Adrianna Wilk

• Deliveries will be made to the west side of the building labeled “Auditorium”.

• There is not a lift gate available for unloading deliveries.

• Deliveries must be able to fit through a standard doorway.

• No deliveries will be accepted after 3:00 p.m.

• Safety Data Sheets (SDS) are to be provided.

Authorized Signature for_________________________________________

Delivery Clause

ITB-W-1556 CITY OF WARREN PAGE 7 OF 14

REFERENCES:

Please list the municipalities/companies for which your company has provided similar products/services.

1. Agency: ________________________________________________________ Year: ____________

Address: ______________________________________________________________________________

Contact Name: _______________________________________ Phone: ________________________

2. Agency: ________________________________________________________ Year: ____________

3. Agency: ________________________________________________________ Year: ____________

4. Agency: ________________________________________________________ Year: ____________

ITB-W-1556 CITY OF WARREN PAGE 8 OF 14

GENERAL CONDITIONS (Effective March 28, 2025)

SIGNATURE

Bids and all information requested of the vendor shall be entered in the appropriate space on the bid form and Signature Page. Failure to do so may disqualify your offer.

An authorized officer or employee of the vendor shall sign all bids.

ELECTRONIC BID SUBMISSION

Electronic bids shall be submitted by the date specified and at or prior to the time specified to be considered. Late bids, e-mail, sealed, telegraphic, or telephone bids will NOT be accepted.

The bidder is required to submit their bid electronically via the BidNet (MITN) system in order to be considered for award.

Bids received after 12:30 pm of the date they are due will not be accepted.

RELATIONSHIP DISCLOSURE

It is required that any relationship (business or personal) to a City employee or official be disclosed.

This includes employment or other professional engagements.

ALTERATION OF BID DOCUMENTS

Vendor changes or alterations to the bid documents, including the specification, may result in the bid being considered non-responsive and/or the Bidder being debarred. The only authorized vendor changes to the bid documents will be in the areas provided for the Bidder’s response including the “Exceptions” section of the bid and on separate attached sheets submitted by the vendor. Vendor shall clearly identify product offered and deviations from the specification. If a change or alteration to the bid document is undetected, and the bid is awarded the contract, the original terms, conditions, and specification in the authorized version of the bid document will be applicable during the terms of the contract. Bidders are responsible for ensuring they have obtained all relevant documents including amendments, clarifications, changes, drawings, etc. as made available by the City.

PRICES

Prices quoted shall be for new products in current production unless otherwise specified. Where refurbished or discontinued items are offered they shall be clearly identified as such.

Prices quoted shall be exclusive of any rebates due the City. Any rebates the City may be entitled to should be shown as a separate line item and include expiration date.

Corrections and/or modifications received after the bid closing time specified will not be accepted.

Unit prices prevail.

All information shall be entered in ink or typewritten. Mistakes may be crossed out and corrections inserted before submission of your bid. The person signing the bid shall initial corrections in ink.

All prices will be proposed F.O.B. DESTINATION, INCLUDE ALL DELIVERY AND ANY ADDITIONAL

CHARGES and remain in effect as specified in the bid.

ITB-W-1556 CITY OF WARREN PAGE 9 OF 14

AWARD

Unless otherwise stated in the bid documents, the City cannot guarantee exclusivity of the contract for the proposed products or services.

Award of the bids shall be based upon a combination of factors, including but not limited to, adherence to bid requirements, references and any other factors that may be in the City’s best interest.

The City reserves the right to reject any and all bids, and to waive any defect or irregularity in bids. The City reserves the right to accept and separate items in the bid and to accept the bid that, in the opinion of the City, is to the best advantage and interest of the public we serve. The

City also has the right to re-solicit bids if it is deemed to be in the best interest of the City.

The City reserves the right to reject low bids which have major deviations from our specifications;

to accept a higher bid which has only minor deviations. By signing the bid, Bidders agree to accept a split award unless the Bidder clearly indicates that it takes Exception. The bid will be awarded to that responsible, responsive firm whose bid, conforms to this solicitation and will be most advantageous to the City, with regard not only to price but also to availability of product, location and quality of product considered.

The City reserves the right to award all line items, to make no award or to award on an individual line item basis, whichever is deemed to be in the best interest of the City.

Time of delivery may be a consideration in the award.

The City reserves the right to consider as unqualified to perform the contract any bidder who does not habitually perform with its own forces seventy-five (75%) of the work involved.

TERMINATION

1. Failure to Perform. The City may terminate a bid award for the failure to perform a term of the bid specifications to the satisfaction of the City. The City shall provide ten (10) days advance written notice to the Awarded Vendor for the failure to perform services or for the violation of any other term of the bid specifications. Unless futile or the violation is recurring, the City shall provide notice and the opportunity to cure the violation prior to termination. Such notice to cure shall be given in writing by first-class mail. In the event of a dispute, or in order to avoid interruption of service, the City may engage another to perform the work and the Awarded

Vendor shall be responsible for any costs the City incurs as a result of the Awarded Vendor’s violation. The City may withhold payment to offset any damages the City incurs as a result of the Awarded Vendor’s violation.

2. At Will. A bid award may be terminated at will by the City upon a minimum of thirty (30) days prior written notice to the Awarded Vendor. In the event of termination as provided in this subsection, the Awarded Vendor will be compensated for all services performed and approvable reimbursable expenses from the inception date to the termination date provided the services performed and the expenses were provided in accordance with the bid specifications. Payment shall be made upon the Awarded Vendor delivering to the City all information and materials retained by the Awarded Vendor, affiliates, or subcontractors in performing the services described in the bid specifications, whether completed or in progress.

3. MISREPRESENTATION. In addition, the City may reject this Bid, or cancel a contract with an

Awarded Vendor, if there is evidence of any misleading or intentionally fraudulent information or documents provided in connection with this Bid.

ITB-W-1556 CITY OF WARREN PAGE 10 OF 14

SPECIFICATION

THE CITY WILL ACCEPT BRAND NAME ONLY.

NO “SUBSTITUTES” OR “ALTERNATES” WILL BE ACCEPTED.

NO “USED” OR “REFURBISHED” ITEMS WILL BE ACCEPTED.

All products and services shall be in accordance with all applicable federal, state and local statutes, rules, ordinances, etc.

All personnel shall have the appropriate licenses with endorsements for the work performed.

In addition, any personnel driving a vehicle on City property shall have the appropriate valid driver’s license and have or exceed minimum statutory insurance requirements.

E-VERIFY

Any bidder, attesting to his bid by signature, is affirming that the Bidder has registered with, participates in and utilizes the E-Verify Program (or any successor program implemented by federal Department of Homeland Security and Social Security Administration) to verify the work status of all newly hired employees employed by the Bidder.

NON-IRAN LINKED BUSINESSES

By signing below, Bidder certifies and agrees on behalf of Bidder and the company submitting this bid the following: (1) that the Bidder is duly authorized to legally bind the company submitting this bid; (2) that the company submitting this bid is not an “Iran linked business,” as defined in Section 2(e) of the Iran Economic Sanctions Act, being Michigan Public Act No. 517 of 2012; and (3) that Bidder and the company submitting this bid will immediately comply with any further certifications or information submissions requested by the City in this regard.

ASSIGNMENT OF AGREEMENT – OTHER CONTRACTORS.

The Awarded Vendor shall not assign the contract or any part thereof without the written consent of the City.

PERIOD AGREEMENTS

No Exclusive Contract/Additional Services. The Awarded Vendor agrees and understands that the contract shall not be construed as an exclusive agreement and that the City may, at any time, secure similar or identical services at its sole option.

Any contract executed pursuant to this Bid, which is for a specific term shall include for an extension of the contract term, at the option of the City, as follows:

The City shall have the sole option to extend the contract herein for a period of two months by written notice to the Awarded Vendor exercising the option served at least ten days prior to the expiration date of the contract. In the event such option is exercised by City, all of the provisions of the contract shall remain in full force and effect other than the date of expiration of the contract.

The quantities have been estimated for bid award purposes and may be estimated based on past usage. The quantities may increase or decrease and the City makes no representation as to guarantee of usage. The quantities are estimated on an annual basis.

ITB-W-1556 CITY OF WARREN PAGE 11 OF 14

PAYMENT TERMS

The City’s normal payment terms are 45 days in connection with cash discounts specified with this bid. Time will be computed from the date of complete delivery of services, supplies, or equipment, as specified, or from the date correct invoices are received in the Office of the City

Controller, if the latter is later than the date of delivery. Prices will be considered as net if no cash discount is shown.

Progress payments will be made on the basis of hours of work completed during the course of the engagement in accordance with the firm's fee bid. Interim billings shall cover a period of not less than a calendar month.

MICHIGAN FREEDOM OF INFORMATION ACT (FOIA)

All costs incurred in the preparation and presentation of this bid, in any way whatsoever, shall be wholly absorbed by the Bidder. All supporting documentation shall become the property of the City unless requested otherwise at the time of submission. Michigan FOIA requires the disclosure, upon request, of all public records that are not exempt from disclosure under Section

13 of the Act, which are subject to disclosure under the Act. Therefore, confidentially of information submitted in response to this RFP is not assured.

EQUAL OPPORTUNITY CLAUSE

This contract requires adherence to the equal opportunity clause, 41 CFR § 60-1.4.

EXCEPTIONS TO THE BID SOLICITATION

Each individual/group shall provide a list of Exceptions taken to this bid. Any Exceptions taken shall be identified and explained in writing. An Exception is defined as the individual/group’s inability to meet a mandatory requirement or exceed a requirement in the manner specified in the bid solicitation. If the Bidder provides an alternative solution when taking an Exception to a requirement, the benefits of this alternative solution shall be explained. The City reserves the right to accept or reject any Exception whichever is deemed to be in the best interest of the City.

WITHDRAWAL OF BID

Bidders may withdraw their bids by submitting a written request over the signature of an authorized individual to the Purchasing Department any time prior to the submission deadline.

Bidders may thereafter submit a new bid prior to the deadline. Modification or withdrawal of the bid in any manner, oral or written, will not be considered if submitted after the deadline.

DEFAULT TO CITY

It is understood that any Bidder who is in default to the City at the time of opening its bid shall have its bid declared null and void.

BIDDER DISCLOSURE

The Bidder declares that it has not, nor will it, provide gifts, gift certificates, entertainment, favors, or other gratuities to a City official, employee, agent, or volunteer, or to their families.

The Bidder acknowledges that if it violates this policy then the City may terminate the contract with the Bidder.

ITB-W-1556 CITY OF WARREN PAGE 12 OF 14

INDEMNITY CLAUSE

To the extent permitted by law, the Contractor shall indemnify the City, its officers, employees, agents, and boards and commissions from and against any claim of liability; penalties;

damages; attorney fees; professional advisors’ fees; settlements; or other fees or expenses arising from or in connection with goods provided and services performed under this Invitation to Bid. The Contractor shall provide the Warren City Attorney’s Office with all documents filed in any proceeding related to this Invitation to Bid in which any of the above-listed people or entities are named.

MICHIGAN LAW TO CONTROL

The Parties intend for this Agreement to be construed in accordance with Michigan law as it exists at the time of this Agreement. Disputes arising out of this Agreement shall be litigated in the State court having jurisdiction over Macomb County, Michigan. If a dispute arises that requires resolution in Federal court, it shall be litigated in the United States District Court for the

Eastern District of Michigan.

AMERICAN WITH DISABILITIES ACT

Whenever applicable, the Contractor shall perform work in accordance with the American with

Disabilities Act, 42 USC § 12101 et seq, (including corresponding rules, regulations, and design standards), the Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. and City ordinances relating to accessibility.

APPENDIX A OF TITLE VI PLAN

During the performance of this contract, the contractor, for itself, its assignees, and successors, in interest (hereinafter referred to as the “contractor”) agrees, as follows:

1. COMPLIANCE WITH REGULATIONS. The contractor shall comply with Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. NONDISCRIMINATION. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection, retention, and treatment of subcontractors, including procurements of materials in the discrimination prohibited by Section 21.5 of the Regulation, including employment practices when the contractor covers a program set for in Appendix B of the Regulations.

3. SOLICITATION FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND

EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under the contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.

4. INFORMATION AND REPORTS. The contractor shall provide all information and reports required by the Regulations, or directives issues pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the

State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department or the Federal Highway

ITB-W-1556 CITY OF WARREN PAGE 13 OF 14

Administration, as appropriate, and shall set forth what efforts it has made to obtain the information.

5. SANCTIONS FOR NONCOMPLIANCE. In the event the contractor’s noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. Withholding payments to the contractor under the contract until the contractor complies and/or

b. Cancellation, termination or suspension of the contract, in whole or in part.

6. INCORPORATION OF PROVISIONS. The contractor shall include provisions of paragraphs (1) through (6) in every subcontract, including procurement of material and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the State Highway

Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State Highway Department to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

SAFETY DATA SHEETS

IMPORTANT: All City purchases require SAFETY DATA SHEETS where applicable, in compliance with the Occupational Safety and Health Administration (OSHA) Hazard Communication

Standard.

THE ABOVE GENERAL CONDITIONS ARE CONSIDERED IN FORCE UNLESS SPECIFICALLY

ADDRESSED IN ANOTHER SECTION OF THE BID DOCUMENT

We have read and acknowledge the above GENERAL CONDITIONS

(Signature)

ITB-W-1556 CITY OF WARREN PAGE 14 OF 14

CHECK LIST FOR BIDDERS

MISTAKES OR OMISSIONS CAN RESULT IN THE REJECTION OF YOUR BID.

_____ Is your electronic bid PROPERLY SIGNED on the AUTHORIZED REPRESENTATIVE portion of the BID FORM, AND ALL CLAUSES AS INCLUDED IN THE BID DOCUMENT?

_____ If requested, have you entered the unit price? (Unit Price governs)

_____ Late bids will NOT be considered. Bids must be submitted electronically, via the

BidNet (MITN) system before 12:30 P.M., Wednesday, on the date specified.