Tents, Tables and Chairs for Special Events Addendum 1
| Agency: | City of Upper Arlington |
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| State: | Ohio |
| Type of Government: | State & Local |
| NAICS Category: |
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| Posted Date: | Mar 20, 2024 |
| Due Date: | Mar 27, 2024 |
| Solicitation No: | UA24-35 |
| Bid Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
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Bid Information
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Contact Information
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Bid Documents
Bid Attachments
| File Name | Description | File Size | ||||
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Bidding Forms.zip |
Bidding Documents | 96 KB | ||||
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Req'd Contract Terms--Formal Bid--Procurement Ks (7-5-2019).pdf |
Required Contract Terms | 203 KB | ||||
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Information_to_Bidders_(Revised_2022.pdf |
Information to Bidders | 23 KB | ||||
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Local_Business_Preference.pdf |
Local Business Preference | 68 KB | ||||
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2024 Tent, Tables and Chairs Bid.docx |
Addendum 1 - Bid Requirements and Bid Sheet | 1.37 MB | ||||
Attachment Preview
REQUIRED CONTRACT TERMS
The following terms are required to be part of any contract between the City and a successful
bidder. By submitting a bid for the City’s consideration, bidder acknowledges and agrees that the
following terms shall be part of any contract with the City.
APPLICABLE LAWS AND VENUE
This contract shall be governed by the laws of the State of Ohio. The Revised Code of the State
of Ohio, the Charter of the City of Upper Arlington, and all City Ordinances and administrative rules shall
be made part of this contract insofar as they apply to the laws of competitive bidding, procurement,
contracts, and purchasing.
Any legal action seeking to enforce this contract or that otherwise arises from this contract shall
be brought only in a court of competent jurisdiction in Franklin County, Ohio. The U.S District Court for
the Southern District of Ohio shall be the exclusive venue for any such action brought in federal court.
INDEMNIFICATION BY SUCCESSFUL BIDDER
To the fullest extent allowed by law, the successful bidder shall indemnify and hold harmless the
City, its employees and agents, from any liability for claims, damages, losses and expenses, including
reasonable attorney fees, resulting from the negligent performance of the contract, or any negligent act
or omission, by successful bidder, its employees, agents, subcontractors or assigns. Successful bidder’s
obligation to indemnify under this section shall not be construed to negate, abridge, or reduce other
rights of indemnity or contribution to which the City, its agents or employees are legally entitled.
NO INDEMNIFICATION BY CITY
The City does not agree to indemnify or hold harmless the successful bidder, its employees and
agents, from any liability for claims, damages, losses and expenses, including reasonable attorney fees,
resulting from or arising under the contract.
EQUAL OPPORTUNITY
Successful bidder agrees that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The successful bidder will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin.
MUNICIPAL INCOME TAX
Successful bidder shall withhold all City income taxes due or payable under the provisions of the
Income Tax ordinance for wages, salaries, and commissions paid to its employees pursuant to Chapter
203 of the Codified Ordinances of the City of Upper Arlington, Ohio. The successful bidder shall require
its subcontractors to withhold any such City income taxes due for services performed under this
Contract. The successful bidder will be required to sign a tax affidavit as required under section
5719.042 of the Ohio Revised Code. No payment shall be made under this contract unless such affidavit
has been executed and provided to the City.
FORCE MAJEURE
For the purpose hereof, force majeure shall be any of the following events: acts of God or the
public enemy; compliance with any order, rule, regulation, decree, or request of any governmental
Required Contract Terms—Formal Competitive Bidding—Procurement Contracts.
Approved as to form by the City Attorney effective July 5, 2019.
No modification of these terms permitted.
authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion,
terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any storms;
strikes or labor disputes; or any other cause, whether or not of the class or kind specifically named or
referred to herein not within the reasonable control of the party affected. A delay in or failure of
performance of either party shall not constitute a default hereunder nor be the basis for, or give rise to,
any claim for damages, if and to the extent such delay or failure is caused by force majeure. The party
who is prevented from performing by force majeure (i) shall be obligated, within a period not to exceed
fourteen (14) days after the occurrence or detection of any such event, to give notice to other party
setting forth in reasonable detail the nature thereof and the anticipated extent of the delay, and (ii) shall
remedy such cause as soon as reasonably possible.
TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner its
obligations or if the successful bidder shall violate any of the covenants, agreements or stipulations of
the contract, the City shall thereupon have the right to terminate the contract by giving written notice to
the successful bidder of such termination and specifying the effective date of termination. The notice
may be mailed, hand-delivered, or sent electronically. In that event, and as of the time notice is given
by the City, all finished or unfinished services, reports or other materials prepared by the successful
bidder shall, at the option of the City, become its property, and the successful bidder shall be entitled to
receive compensation for any satisfactory work completed, prepared documents or materials as
furnished. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City
for damage sustained by the City by virtue of breach of the contract by the successful bidder and the
City may withhold any payments to the successful bidder for the purpose of set off until such time as the
exact amount of damages due the City from the successful bidder is determined.
TERMINATION OF CONTRACT FOR CONVENIENCE
The City may terminate the contract at any time by giving written notice to the successful bidder
of such termination and specifying the effective date thereof, at least thirty (30) working days before the
effective date of such termination. The notice may be mailed, hand-delivered, or sent electronically. In
that event, all finished or unfinished services, reports, material(s) prepared or furnished by the
successful successful bidder under the contract shall, at the option of the City, become its property. If
the contract is terminated due to the fault of the successful successful bidder, termination of contract
for cause relative to termination shall apply. If the contract is terminated by the City as provided herein,
the successful bidder will be paid an amount as of the time notice is given by the City which bears the
same ratio to the total compensation as the services actually performed or material furnished bear to
the total services/materials the successful bidder covered by the contract, less payments of
compensation previously made.
BID AND CONTRACT INFORMATION IS PUBLIC
The bidder acknowledges that all documents submitted with any bid may become public
documents subject to disclosure pursuant to Ohio Revised Code Section 149.43, which is otherwise
known as the “Ohio Public Records Law.” By submitting any document to the City of Upper Arlington in
connection with a bid or contract, the bidder waives any claim against the City of Upper Arlington and
any of its officers and employees relating to the release of any document or information submitted.
Furthermore, bidder agrees and acknowledges that any contract entered with the City, including any
attachment or document incorporated by reference, is a public record subject to release pursuant to
Ohio Revised Code Section 149.43. Bidder agrees to, and shall, hold harmless the City of Upper
Required Contract Terms—Formal Competitive Bidding—Procurement Contracts.
Approved as to form by the City Attorney effective July 5, 2019.
No modification of these terms permitted.
Arlington and any of its officers and employees, from any claim whatsoever arising from or related to
the release of any document or information made available to the City of Upper Arlington in connection
with the bid or contract with the City.
GUARANTEE AND WARRANTY
Any vehicles or other goods or items furnished under these specifications shall carry the
standard warranty which is offered to the general public. The bidder guarantees that all items offered
for sale comply fully or are fully equal to the item required in the specification. The bidder will assume
all expenses covering return or replacement of defective, damaged, or improper merchandise. In no
instance shall the bidder refer the City to any manufacturer or distributor for settlement of any claim
arising from defective or improper merchandise. If the bidder fails to replace or repair any defective
merchandise within thirty (30) days from the date of notice, the City may make the necessary corrective
arrangements and charge the cost thereof to money due the bidder or may bill the bidder directly for
those costs. Bidder agrees to reimburse the City for any such costs.
Samples of any warranties or guarantees which apply to the goods or merchandise being
offered for sale shall be included as part of the bid.
INSURANCE
For any contract under which the successful bidder, either directly or through subcontractors, is
required to perform any services or work, the successful bidder shall not commence any work under the
contract until all insurance required under this paragraph is obtained and approved by the City, nor shall
the successful bidder allow any subcontractor to commence work until all similar insurance required for
coverage for subcontractor has been so obtained and approved. Copies of all required insurance policies
shall be delivered to the Purchasing Administrator prior to execution of the contract.
a. The successful bidder agrees to maintain Comprehensive General Liability and
Comprehensive Automobile insurance covering all operations directly or indirectly
incident to the work under this contract whether such operations are by the successful
bidder or by a subcontractor or by anyone directly or indirectly employed by either of
them. Such insurance coverage shall be maintained in the types and amounts herein
specified for all work sublet, either by furnishing endorsements of his/her own liability
insurance coverage or by requiring the subcontractors to furnish their own liability
insurance of the type and in the amounts herein specified. Such policies shall provide
coverage against claims for damages for personal injury, including accidental death, and
for property damage which may arise from the operations under this contract. Without
limitation on the generality of the foregoing requirements, such insurance shall include
coverage for claims arising from liability assumed by successful bidder under this
contract including third party beneficiary coverage. The limits of such insurance
required herein shall not be less than one million dollars ($1,000,000.00) for each
person; one million dollars ($1,000,000.00) for each occurrence for bodily injury or
accidental death, and five hundred thousand dollars ($500,000.00) each occurrence for
property damage.
b. Successful bidder shall take out and maintain during the life of this contract, Worker’s
Compensation insurance for all of his/her employees employed on the project, and, in
case any work is sublet, the bidder shall require the subcontractor to provide Workers’
Compensation insurance for all the latter’s employees unless such employees are
covered by the coverage provided by the successful bidder’s policy.
Required Contract Terms—Formal Competitive Bidding—Procurement Contracts.
Approved as to form by the City Attorney effective July 5, 2019.
No modification of these terms permitted.
c.
Prior to execution of the contract, the successful bidder shall provide an endorsement
on its liability insurance policy (excluding Workers’ Compensation Policies) naming the
City as an additional insured, along with a certificate showing full compliance with these
insurance requirements. Policies of insurance required under this contract shall be
endorsed to provide that the policies may not be changed or cancelled without twenty
(20) days written notice to the City. If any part of this contract is sublet, the successful
bidder is responsible for obtaining certificates of insurance establishing that the
subcontractors have complied with the insurance requirements herein contained, unless
successful bidder’s insurance specifically covers the operations of his subcontractors.
PRODUCTS LIABILITY INSURANCE
Evidence of products liability insurance shall be required from the successful bidder for the
following items: firefighting equipment and gear, refuse collection equipment, and breathing apparatus.
When applicable, the successful bidder agrees to furnish evidence of products liability insurance carried
by the supplier and the manufacturer in an amount not less the one million dollars ($1,000,000.00) each
person and three million dollars ($3,000,000.00) each occurrence. An umbrella police may be used. A
certificate of coverage for the supplier will be required prior to the execution of the contract and a letter
or other written acknowledgement from the manufacturer indicating its coverage is in effect shall be
furnished upon execution of the contract.
LIABILITY, INSURANCE, LECENSES, AND PERMITS
Where successful bidders are required to enter or go onto City of Upper Arlington property to
perform work or services or to deliver materials as a result of a bid award, the successful bidder will
assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance
when required. The bidder shall be liable for any damages or loss to the City occasioned by the
negligence of the bidder, his agents or employees, or any other person or entity that the bidder has
designated (including any subcontractor) in the completion of the contract resulting from the
acceptance of his bid.
CYBER AND TELECOMMUNICATIONS SYSTEMS PROTECTIONS
Successful bidder shall have a plan and adequate resources to address telecommunications and
computer systems breach, and shall maintain intrusion detection services and procedures and/or data
breaching systems to detect and address "hacking" and "phishing operations" into successful bidder’s
telecommunications system, that includes services and systems to detect any unauthorized access to or
unauthorized activity on the successful bidder’s telecommunications system, networks, computer
systems, and network devices associated with the use of and access to the City's management systems,
databases, and City information and data. Successful bidder will ensure that all intrusion detection
measures and data breach systems are maintained and functional on a regular basis. Intrusion detection
services and data breach systems shall include, at minimum, network-based intrusion detection and
active monitoring of appropriate computer system access logs. Successful bidder shall notify the City, as
soon as reasonably possible, of its detection of any potential or suspected intrusions that may affect the
City with regard to disbursement of payments or access to City systems, networks, data, or information.
Failure by successful bidder to provide this notification shall be a breach under the contract. Successful
bidder shall be liable for all costs and damages to the City related to or arising from the breach of
successful bidder’s telecommunications systems, networks, or computer systems. Successful bidder
shall provide the City a historical record of prior breaches of security or intrusions, including all prior
incidents of "hacking," that have previously been detected in the successful bidder's system.
Required Contract Terms—Formal Competitive Bidding—Procurement Contracts.
Approved as to form by the City Attorney effective July 5, 2019.
No modification of these terms permitted.
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See Also
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Bid Information Type RFP Status Issued Number UA24-42 Addendum 4 (Furniture for the
City of Upper Arlington
Bid Due: 4/30/2024
Bid Number Status Project Name Department Buyer Type Goal Type Goal % Date
City of Cincinnati
Bid Due: 5/07/2024