INSTRUCTIONS TO VENDORS
1) PRE-BID INFORMATION AND QUESTIONS: Each proposal that is timely received will be evaluated
on its merit and completeness of all requested information. In preparing proposals, Proposers are
advised to rely only upon the contents of this RFP and accompanying documents and any written
clarifications or addenda issued by the City of Flint. If a Proposer finds a discrepancy, error or omission
in the RFP package, or requires any written addendum thereto, the Proposer is requested to notify the
Purchasing contact noted on the cover of this RFP, so that written clarification may be sent to all
prospective Proposers. THE CITY OF FLINT IS NOT RESPONSIBLE FOR ANY ORAL
INSTRUCTIONS. All questions must be submitted in writing to the Purchasing Department before any
Pre-Bid Question Deadline (if specified) or at least one (1) week prior to the proposal opening date
indicated on the front of this document.
2) RFP MODIFICATIONS: The City of Flint has the right to correct, modify or cancel the RFP, in whole or
in part, or to reject any Proposal, in whole or in part, within the discretion of the City of Flint, or their
designee. If any such changes are made, all known recipients of the RFP will be sent a copy of such
changes. If any changes are made to this RFP document by any party other than the City of Flint, the
original document in the City of Flint’s files takes precedence.
3) PROPOSAL SUBMISSION:
a) The Proposer must include the following items, or the proposal may be deemed non-responsive:
i) All forms contained in this RFP, fully completed.
b) Proposals must be submitted to the Finance Department – Purchases and Supplies, City of Flint,
1101 S. Saginaw Street – Room 203, Flint, Michigan 48502 by the date and time indicated as the
deadline. The Purchasing Department time stamp will determine the official receipt time. It is each
Proposer’s responsibility to insure that its’ proposal is time stamped by the Purchasing Department
by the deadline. This responsibility rests entirely with the Proposer, regardless of delays resulting
from postal handling or for any other reasons. Proposals will be accepted at any time during the
normal course of business only, said hours being 8:00 a.m. to 5:00 p.m. Local Time, Monday
through Friday, legal holidays as exception.
c) Proposals must be enclosed in a sealed, non-transparent envelope, box or package, and clearly
marked on the outside with the following: RFP Title, RFP Number, Deadline and Proposer’s name.
d) Submission of a proposal establishes a conclusive presumption that the Proposer is thoroughly
familiar with the Request for Proposals (RFP), and that the Proposer understands and agrees to
abide by each and all of the stipulations and requirements contained therein.
e) All prices and notations must be typed or printed in ink. No erasures are permitted. Mistakes may
be crossed out and corrections must be initialed in ink by the person(s) signing the bid.
f) Proposals sent by email, facsimile, or other electronic means will not be considered unless
specifically authorized in this RFP.
g) All costs incurred in the preparation and presentation of the proposal are the Proposer’s sole
responsibility; no pre-bid costs will be reimbursed to any Proposer. All documentation submitted
with the proposal will become the property of the City of Flint.
h) Proposals must be held firm for a minimum of 120 days.
4) EXCEPTIONS: Proposer shall clearly identify any proposed deviations from the Terms or Scope in the
Request for Proposal. Each exception must be clearly defined and referenced to the proper paragraph
in this RFP. The exception shall include, at a minimum, the proposed substitute language and opinion
as to why the suggested substitution will provide equivalent or better service and performance. If no
exceptions are noted in the proposal, the City of Flint will assume complete conformance with this
specification and the successful Proposer will be required to perform accordingly. Proposals not
meeting all requirements may be rejected.
5) DUPLICATE BIDS: No more than one (1) proposal from any Proposer including its subsidiaries,
affiliated companies and franchises will be considered by the City of Flint. In the event multiple
proposals are submitted in violation of this provision, the City will have the right to determine which
proposal will be considered, or at its sole option, reject all such multiple proposals.
6) WITHDRAWAL: Proposals may only be withdrawn by written notice prior to the date and time set for
the opening of proposals. No proposal may be withdrawn after the deadline for submission.
7) REJECTION/GOOD STANDING: The City of Flint reserves the right to reject any or all proposals, or
to accept or reject any proposal in part, and to waive any minor informality or irregularity in proposals
received if it is determined by the City of Flint, or their designee, that the best interest of the City will be
served by doing so. No Proposal will be considered from any person, firm or corporation in arrears or
in default to the City on any contract, debt, taxes or other obligation, or if the Proposer is debarred by
the City of Flint from consideration for a contract award pursuant to Section 18-21.5 (d) of Article IV of
the “Purchasing Ordinance of the City of Flint.
8) PROCUREMENT POLICY: Procurement for the City of Flint will be handled in a manner providing fair
opportunity to all businesses. This will be accomplished without abrogation or sacrifice of quality and
as determined to be in the best interest of the City. The City of Flint and their officials have the vested
authority to execute a contract, subject to City Council and Mayoral approval where required.
9) PROPOSAL SIGNATURES: Proposals must be signed by an authorized official of the Proposer. Each
signature represents binding commitment upon the Proposer to provide the goods and/or services
offered to the City of Flint if the Proposer is determined to be the lowest Responsive and Responsible
10) CONTRACT AWARD/SPLIT AWARDS: The City of Flint reserves the right to award by item, group of
items, or total proposal to the lowest responsive, responsible Proposer. The Proposer to whom the
award is made will be notified at the earliest possible date. Tentative acceptance of the proposal, intent
to recommend award of a contract and actual award of the contract will be provided by written notice
sent to the Proposer at the address designated in the proposal if a separate Agreement is required to
be executed. After a final award of the Agreement by the City of Flint, the Contractor/Vendor must
execute and perform said Agreement. All proposals must be firm for at least 120 days from the due
date of the proposal. If, for any reason, a contract is not executed with the selected Proposer within 14
days after notice of recommendation for award, then the City may recommend the next lowest
responsive and responsible Proposer.
11) NO RFP RESPONSE: Proposers who receive this RFP but who do not submit a proposal should return
this RFP package stating “No Proposal” and are encouraged to list the reason(s) for not responding.
Failure to return this form may result in removal of the Proposer’s name from all future lists.
12) FREEDOM OF INFORMATION ACT REQUIREMENTS: Proposals are subject to public disclosure
after the deadline for submission in accordance with state law.
13) ARBITRATION: Contractor/Vendor agrees to submit to arbitration all claims, counterclaims, disputes
and other matters in question arising out of or relating to this agreement or the breach thereof. The
Contractor’s agreement to arbitrate shall be specifically enforceable under the prevailing law of any
court having jurisdiction to hear such matters. Contractor’s obligation to submit to arbitration shall be
subject to the following provisions:
(a) Notice of demand for arbitration must be submitted to the City in writing within a
reasonable time after the claim; dispute or other matter in question has arisen. A
reasonable time is hereby determined to be fourteen (14) days from the date the party
demanding the arbitration knows or should have known the facts giving rise to his claim,
dispute or question. In no event may the demand for arbitration be made after the time
when institution of legal or equitable proceedings based on such claim dispute or other
matters in question would be barred by the applicable statute of limitation.
(b) Within fourteen (14) days from the date demand for arbitration is received by the City,
each party shall submit to the other the name of one person to serve as an arbitrator.
The two arbitrators together shall then select a third person, the three together shall then
serve as a panel in all proceedings. Any decision concurred in by a majority of the three
shall be a final binding decision.
(c) The final decision rendered by said arbitrators shall be binding and conclusive and shall
be subject to specific enforcement by a court of competent jurisdiction.
(d) The costs of the arbitration shall be split and borne equally between the parties and such
costs are not subject to shifting by the arbitrator.
14) PROPOSAL HOLD: The City of Flint may hold proposals for a period of one hundred twenty - (120)
days from opening, for the purpose of reviewing the results and investigating the qualifications of
proposers prior to making an award.
15) NONCOMPLIANCE: Failure to deliver in accordance with specifications will be cause for the City of
Flint and they may cancel the contract or any part thereof and purchase on the open market, charging
any additional cost to the Contractor/Vendor.
16) DISCLAIMER OF CONTRACTUAL RELATIONSHIP: Nothing contained in these documents shall
create any contractual relationship between the City and any Subcontractor or Sub-subcontractor.
17) ERRORS AND OMISSIONS: Proposer is not permitted to take advantage of any obvious errors or
omissions in specifications.
18) INTERPRETATION: In the event that any provision contained herein shall be determined by a court
of competent jurisdiction or an appropriate administrative tribunal to be contrary to the provision of
law or to be unenforceable for any reason, then, to the extent necessary and possible to render the
remainder of this Agreement enforceable, such provision may be modified or severed by such court
or administrative tribunal having jurisdiction over this Agreement and the interpretation thereof, or the
parties hereto, so as to, as nearly as possible, carry out the intention of the parties hereto,
considering the purpose of the entire Agreement in relation to such provision.
19) LAWS AND ORDINANCES: The proposer shall obey and abide by all of the laws, rules and
regulations of the Federal Government, State of Michigan, Genesee County and the City of Flint,
applicable to the performance of this agreement, including, but not limited to, labor laws, and laws
regulating or applying to public improvement, local government, and its operational requirements.
20) LOCAL PREFERNECE: Proposers/bidders located within the corporate city limits of Flint, Michigan
may be given a seven percent (7%) competitive price advantage. Additionally, if the lowest
responsible bidder is not located within the limits of the City of Flint, but is located within the County of
Genesee, and said bidder does not exceed the bid of the lowest non-local bidder by more than three
and one-half percent (3-1/2%), then said lowest Genesee County bidder may be determined to be the
lowest responsible bidder, and make the award to such Genesee County bidder accordingly, subject
to the approval of the city council. If the lowest non-local bidder does not exceed that of any
proposers/bidders by (7%) inside the City of Flint or (3-1/2%) inside the County of Genesee, then the
Purchasing Director shall be allowed to request that the lowest local vendor match the price offered
by the lowest non-local vendor.
21) MATERIAL WORKMANSHIP AND STANDARDS OF PERFORMANCE: The proposer agrees to
exercise independent judgment and to complete performance under this Agreement in accordance
with sound professional practices. In entering into this Agreement, the City is relying upon the
professional reputation, experience, certification and ability of the proposer by him/her or by others
employed by him/her and working under his/her direction and control. The continued effectiveness of
this Agreement during its term or any renewal term shall be contingent, in part, upon the proposer
maintaining his/her operating qualifications in accordance with the requirements of federal, state and
local laws. All materials furnished must be new, of latest model and standard first grade quality, or
best workmanship and design, unless otherwise expressly specified. Proposer, if required, must
furnish satisfactory evidence of quality materials; offers of experimental or unproven equipment may
22) MODIFICATIONS/CHANGES: Any modification to this agreement must be in writing and signed by
the authorized employee, officer, board or council representative authorized to make such
modifications pursuant to the State law and local ordinances.
23) NON-COLLUSION: The proposer acknowledges that by signing this document that he/she is duly
authorized to make said offer on behalf of the company he/she represents and that said bid is
genuine and not sham or collusive and not made in the interests or on behalf of any person not
therein named, and that he/she and said bidder have not directly induced or solicited any other
person(s) or corporation to refrain from responding to this solicitation and that he/she and said bidder
have not in any manner sought by collusion to secure to himself/herself and said bidder any
advantage over any other proposer.
24) NON-DISCRIMINATION: Pursuant to the requirements of 1976 P.A. 453 (Michigan Civil Rights Act)
and 1976 P.A. 220 (Michigan Handicapped Rights Act), the local unit and its agent agree not to
discriminate against any employee or applicant for employment with respect to hire, tenure, terms,
conditions, or privileges of employment or a matter directly or indirectly related to employment
because of race, color, religion, national origin, age, sex, height, weight, marital status or because of a
handicap that is unrelated to the person’s ability to perform the duties of nondiscrimination provision
identical to this provision and binding upon any and all contractors and subcontractors. A breach of
this covenant shall be regarded as a material breach of this contract.
25) SUBCONTRACTING: No subcontract work shall be started prior to the written approval of the
subcontractor by the City. The City reserves the right to accept or reject any subcontractor.
26) UNION COMPLIANCE: Contractor agrees to comply with all regulations and requirements of any
national or local union(s) that may have jurisdiction over any of the materials, facilities, services or
personnel to be furnished by the City.