FPRA PARKING GARAGE ELEVATOR WRAPS - REBID

SECTION I
GENERAL CONDITIONS
1. GENERAL INFORMATION
These documents constitute the complete set of specification requirements and proposal
forms. All proposal sheets and attachments must be executed and submitted in a sealed
envelope. DO NOT INCLUDE MORE THAN ONE PROPOSAL PER ENVELOPE
(CLEARLY MARK PROPOSAL AS "ORIGINAL" AND REQUESTED NUMBER OF
COPIES AS "COPY" ON EACH SET ENCLOSED). The face to the envelope shall contain
Proposer's name, return address, the date and time of proposal opening, the proposal
number and title. Proposals not submitted on the enclosed Proposal Form shall be
rejected. By submitting a proposal, the Proposer agrees to be subject to all terms and
conditions specified herein. No exceptions to the terms and conditions shall be allowed.
Proposers shall submit their proposal completely with all supporting documentation.
SUBMITTAL OF A PROPOSAL IN RESPONSE TO REQUEST FOR PROPOSAL
CONSTITUTES AN OFFER BY THE PROPOSER. Proposals which do not comply with
the requirements may be rejected at the option of the City.
2. DELAYS
The City, at its sole discretion, may delay the scheduled due dates indicated above if it is
to the advantage of the City to do so. The City will notify bidders of all changes in
scheduled due dates by written addendum.
3. EXECUTION OF BIDS
Bid must contain a manual signature, in ink, of an authorized representative who
has the legal ability to bind the Bidder in contractual obligations in the space
provided on Bidder/Proposal Acknowledgment cover page and on the Bid Response
Form. FAILURE TO PROPERLY SIGN SHALL INVALIDATE BID, AND IT SHALL NOT
BE CONSIDERED FOR AN AWARD. Bids must be typed or legibly printed in ink. All
corrections made by Bidder to any part of the bid document must be initialed in ink. The
original bid conditions and specifications cannot be changed or altered in any way. Altered
bids will not be considered. Clarification of bids submitted shall be in letter form, signed by
bidders and attached to the bid.
4. NO BID
If not submitting a bid, respond by returning only the Bidder acknowledgment form,
marking it "No Bid," and give the reason in the space provided.
5. BID OPENING
Shall be public, at the address, date, and time specified on the bidder Acknowledgment
form. The bid time must be and shall be scrupulously observed. Under no circumstances
shall bids delivered after the time specified be considered; such bids will be returned
unopened. The City will not be responsible for late deliveries or delayed mail. The
time/date stamp clock located in the Purchasing Department shall serve as the official
authority to determine lateness of any bid. It is the Bidders sole responsibility to assure
that his/her bid is complete and delivered at the proper time and place of the bid opening.
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Bids, which for any reason are not so delivered, will not be considered. Offers by facsimile,
telegram, or telephone are not acceptable. A bid may NOT be altered by the Bidder after
opening of the bids. Bid tabulations will be furnished on the City's web site:
https://www.cityoffortpierce.com and Demandstar https://www.demandstar.com .
6. TAXES
The City is exempt from Federal Excise and State Sales Taxes on direct purchases of
tangible personal property. The City exemption number is on the face of the Purchase
Order. If requested, the Purchasing Director will provide an exemption certificate to the
awarded Bidder. Vendors or contractors doing business with the City shall not be exempt
from paying sales tax to their suppliers for materials to fulfill contractual obligations with
the City Tax Exemption Number in securing such materials. This exemption does not
apply to purchases of tangible personal property in the performance of contracts for the
City.
7. DISCOUNTS
Cash discounts for prompt payment shall not be considered in determining the lowest net
cost for bid evaluation purposes.
8. MISTAKES
a. Bidders are expected to examine the specifications, delivery schedule, bid prices,
extensions and all instructions pertaining to supplies and services. FAILURE TO DO
SO WILL BE AT BIDDER'S RISK. In the event of extension error(s), the unit price
will prevail and the Bidder's total offer will be corrected accordingly.
b. Written amounts shall take precedence over numerical amounts. In the event of
addition error(s), the unit price and extension thereof will prevail, and the Bidder's
total offer will be corrected accordingly. Bids having erasures or corrections must
be initialed in ink by the Bidder.
9. INVOICING AND PAYMENT
Payment for any and all invoice(s) that may arise as a result of a contract or purchase
order issued pursuant to this bid specification shall minimally meet the following conditions
to be considered as a valid payment request:
a. A timely submission of a properly certified invoice(s), in strict accordance with the
price(s) and delivery elements as stipulated in the contract or purchase order
document, and to be submitted to the Finance Department at the address as
stipulated on the Purchase Order.
b. All invoices submitted shall consist of an original and one (1) copy; clearly
reference the subject contract or purchase order number; provide a sufficient
salient description to identify goods or service for which payment is requested;
contain date of delivery; bid number, original or legible copy of signed delivery
receipt including both a manual signature and printed name of a designated City
employee or authorized agent; be clearly marked as "partial", "complete", or "final"
invoice. The City will accept partial deliveries unless otherwise specified into
contract or purchase order document.
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c. The invoice shall contain the Bidder's Federal Employer Identification Number
(F.E.I.N.).
10. DELIVERY
Unless actual date is specified (or if specified delivery cannot be met), show number of days
required to make delivery after receipt of purchase order or contract in space provided. Delivery
time may be a basis for making of award. Delivery shall be during the normal working hours of the
user department, Monday through Friday, unless otherwise specified and incorporated into
contract or purchase order document. Delivery shall be to the location specified in the bid
specifications.
11. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the bid response shall be evaluated or
considered. Any and all such additional terms and conditions shall have no force and effect and
are inapplicable to this bid if submitted either purposely through intent or design, or inadvertently
appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is
understood and agreed that the general and/or any special conditions in these Bid Documents are
the only conditions applicable to this bid and the Bidder's authorized signature on the Bid Form
attests to this.
12. INTERPRETATION
All Bidders shall carefully examine the Bid Documents. Any ambiguities or inconsistencies shall be
brought to the attention of the City in writing prior to the opening of Bids; failure to do so, on the
part of the bidder, will constitute an acceptance by the Bidder of any subsequent decision. Any
questions concerning the intent, meaning, and interpretation of the Bid Documents shall be
requested in writing, and received by the City at least seven (7) days prior to the Bid Opening.
Inquiries shall be addressed to the attention of the Contact person as indicated on Page 17. No
person is authorized to give oral interpretations of, or make oral changes to, the bid. Therefore,
oral statements given before the bid opening will not be binding. Any interpretation of or changes to
the bid will be made in the form of a written Addendum to the bid and will be furnished to all Bidders.
Receipt of all addenda shall be acknowledged by the Bidders by signing and enclosing said
addenda with their bid. The City will record its responses to inquiries and any supplemental
instructions in the form of a written addendum. The City will send a written addendum to all Bidders
who requested a bid directly from the City Purchasing Department. All proposers should contact
the City at least seven (7) calendar days before the bid opening date to ascertain whether any
addendums have been issued. Failure to do so could result in rejection of the bid as unresponsive.
The City shall not be responsible for providing said addendum to proposers who receive bid
packages from other sources.
13. ADDENDUM
Should revisions to the Bid Documents become necessary, the City will provide a written
addendum to all proposers who received a bid package from the City Purchasing Department.
Bidders who obtain Bid Documents from other sources must officially register with the City
Purchasing Department in order to be placed on the mailing list for any forthcoming addendum or
their official communications. Failure to register as a prospective Bidder may cause your bid to be
rejected as non-responsive if you have failed to submit a bid without an addendum
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acknowledgment for the most current addendum. Previous addenda are deemed received when a
subsequent addendum is acknowledged. It is the Bidder's responsibility to contact the City in the
event that a previous addendum is not received. Latest addendum shall be signed and returned
with the bid as acknowledgment of addendum.
14. DISPUTES
Any Bidder who disputes the bid selection or contract award recommendation shall file such
dispute according to the bid protest procedures. These procedures are available upon request
from the City.
15. CONFLICT OF INTEREST
All bidders must disclose with their bid the name of any officer, director, or agent who is also an
employee of the City. All Bidders must disclose the name of any City employee who owns, directly
or indirectly, an interest of five percent (5%) or more in the Bidder's firm or any of its branches.
16. LEGAL REQUIREMENTS
Bidders are required to comply with all provisions of Federal, State, County and local laws and
ordinances, rules and regulations, that are applicable to the items being bid. Lack of knowledge by
the bidder shall in no way be a cause for relief from responsibility or constitute a cognizable defense
against the legal effect thereof.
17. DRUG-FREE WORKPLACE (DFW)
Preference shall be given to business with Drug-Free Workplace (DFW) Programs. Whenever two
or more bids which are equal with respect to price, quality, and service are received by the City for
the procurement of commodities or contractual services, a bid received from a business that
completes the attached DFW form certifying that it is a DFW shall be given preference in the award
process.
18. MINORITY/WOMEN OWNED BUSINESS ENTERPRISE (MWBE)
Minority/Women Owned Business Enterprise (MWBE) indicates a business entity which is
owned and operated by a minority. In this instance, minority group members are
citizens of the United States or lawfully admitted permanent residents who are Black,
Hispanics, Women, Native Americans, Asian-Pacific, Asian-Indian, and eligible others. An
MWBE wishing to participate in the City procurement process may contact the Purchasing
Department for information and assistance.
19. PUBLIC ENTITY CRIMES
No award will be executed with any person or affiliate identified on the Department of Management
Services "convicted vendor" list. This list is defined as consisting of persons and affiliates who are
disqualified from public contracting and purchasing process because they have been found guilty of
a public entity crime. No public entity shall award any contract to, or transact any business in excess
of the threshold amount provided in Section 287.017, Florida Statutes for Category Two (currently
$10,000.00) with any person or affiliated on the "convicted vendor" list for a period of thirty-six (36)
months from the date that person or affiliate was placed on the
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"convicted vendor" list unless that person or affiliate has been removed from the list pursuant to
Section 287.133(3)(f) Florida Statutes
20. AWARD
As the best interest of the City may require, the right is reserved to make award(s) by individual
item, group of items, "All or None", or a combination thereof; with one or more suppliers; to reject
any or all bids, or waive any minor irregularity or technicality in bids received, and may, at its sole
discretion, request a rebid. Bidders are cautioned to make no assumption until the City has entered
into a contract or issued a purchase order.
21. EEO STATEMENT
The City is committed to assuring equal opportunity in the award of contracts, and therefore
complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin,
age or sex.
22. CONTRACTUAL AGREEMENT
The terms, conditions, and provisions in this Invitation to Bid shall be included and incorporated in
any final contract or purchase order. The order of precedence will be Bid Document and response,
purchase order or contract, and general law. Any and all legal action necessary to enforce a
contract or purchase order will be interpreted according to the laws of Florida. The venue shall be
Fort Pierce, Florida.
23. GOVERNMENTAL RESTRICTION
In the event that any governmental restrictions are imposed which would necessitate alteration of
the material quality, workmanship or performance of the items offered on this bid prior to their
delivery, it shall be the responsibility of the Bidder to notify the Purchasing Department at once,
indicating in his/her letter the specific regulation which required an alteration, including any price
adjustments occasioned thereby. The City reserves the right to accept such alteration or to cancel
the contract or purchase order at no further expense to the City.
24. PATENTS AND ROYALTIES
The Bidder, without exemption, shall indemnify and save harmless, the City, its employees and/or
any of its Commission/Board from liability of any nature or kind, including cost and expenses for
or on account of any copyrighted, patented, or unpatented invention, process, or item
manufactured by the Bidder. Further, if such claim is made, or is pending, the Bidder may, at its
option and expense, procure for the City the right to use, replace or modify the item to render it
non-infringing. If none of the alternatives are reasonably available, the City agrees to return the
article on request to the Bidder and receive reimbursement. If the Bidder used any design, device,
or materials covered by letters, patent or copyright, it is mutually agreed and understood, without
exception, that the bid prices shall include all royalties or cost arising from the use of such design,
device, or materials in any way involved in the work.
25. ADVERTISING
In submitting a bid, Bidder agrees not to use the results therefrom as a part of any commercial
advertising, without the express written approval, by the appropriate level of authority within the
City.
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26. ASSIGNMENT
Any purchase order or contract issued pursuant to this Invitation to Bid and the monies which may
become due hereunder are not assignable except with the prior written approval of the City, through
the Purchasing Department.
27. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
Bidder certifies that all material, equipment, etc., contained in his/her bid meets all applicable
O.S.H.A. requirements. Bidder further certifies that, if he/she is the successful Bidder, and the
material, equipment, etc., delivered is subsequently found to be defective in applicable O.S.H.A.
requirement in effect on the date of delivery, all costs necessary to comply with the requirements
shall be borne by the Bidder.
28. FACILITIES
The City reserves the right to inspect the Bidder's facilities at any reasonable time, during normal
working hours, with prior notice to determine that Bidder has a bona fide place of business, and is
a responsible Bidder.
29. REPRESENTATION
A Bidder must have at the time of bid opening, a manufacturing plant in operation, or be a
fully authorized agent or representative of the product bid, and capable of producing or providing
the items bid, and so certify upon request.
30. DISQUALIFICATION OF BIDDER
More than one bid from an individual, firm, partnership, corporation, or association under the
same or different names will not be considered. Reasonable grounds for believing that a
Bidder is involved in more than one bid submittal will be cause for rejection of all bids in which
such Bidders are believed to be involved. Any or all bids will be rejected if there is reason to
believe that collusion exists between Bidders Bids in which the prices obviously are unbalanced will
be subject to rejection.
31. ADJUSTMENTS/CHANGES/DEVIATIONS
No adjustments, changes or deviations shall be accepted on any item unless conditions or
specifications of a bid expressly so provide. Any other adjustments, changes or deviations shall
require prior written approval, and shall be binding ONLY if issued by the City's Purchasing
Department. The Bidder shall bear sole responsibility for any and all costs of claims arising from
any adjustments, changes or deviations not properly executed as required herein.
32. INSURANCE
The awarded Bidder(s) shall maintain insurance coverage reflecting the minimum amounts and
conditions specified in the attached specifications or the Special Terms and Conditions. In the
event the proposer is a governmental entity or a self-insured organization, different requirements
may apply. Misrepresentation of any material fact, whether intentional or not, regarding the
Bidder's insurance coverage, policies or capabilities may be grounds for rejection of the bid and
rescission of any ensuing contract.
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33. PUBLIC RECORDS
Sealed bids, proposals, or replies received by an agency pursuant to a competitive
solicitation are exempt from 119.07(1) and s. 24(a), Art. I of the State Constitution until
such time as the agency provides notice of an intended decision or until 30 days after
opening the bids, proposals, or final replies, whichever is earlier.
34. BID PREPARATION COSTS
Neither the City nor its representatives shall be liable for any expenses incurred in
connection with preparation of a response to this Invitation to Bid. Bidders should prepare
their bids simply and economically, providing all information and prices as required.
35. COOPERATIVE PURCHASING
Any governmental purchasing authority may participate in this purchase for services and
commodities from this successful award.
36. CANCELLATION / REJECTION OF BIDS
This request may be cancelled and any response, bid or proposal may be rejected in whole
or in part at any time for good cause when in the best interest of the City of Fort Pierce. The
City reserves the rights pursuant to Section 2-439 (a)(7) of the City Code to accept all or
any part of the submittal and to increase or decrease quantities to meet additional or reduced
requirements of the City. Any sole response received by the submission date may or may
not be rejected by the City depending on the available competition and the current needs of
the CITY. Reasons for rejection shall be provided upon request by unsuccessful bidders or
offerors.
37. REGISTRATION WITH THE FLORIDA DEPARTMENT OF STATE
In accordance with Florida Statute 607.0505, each corporation, foreign corporation, or alien
business organization that transacts business in this state shall have and continuously
maintain in this state a registered office and a registered agent and shall file with the
Department of State. The awarded Bidder shall be registered with the Florida Department
of State, Division of Corporations.
38. ADDITIONAL RESERVED RIGHTS
a. To be responsive, a bidder shall submit qualifications which conform in all material
respects to the requirements set forth in the bid/proposal document. To be a
responsible bidder, the bidder shall have the capability in all respects to fulfil fully the
contract requirements, and the tenacity, perseverance, experience, integrity,
reliability, capacity, facilities, equipment, and credit which will assure good faith
performance. The City reserves the right to conduct such an investigation, as it deems
necessary to determine the ability of any bidder to deliver the goods or service
requested. This information may be obtained from the bidder or any credible source.
All information requests will be done through the Purchasing Division. Such
information may include but shall not be limited to current financial statements,
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