INSTRUCTIONS TO BIDDERS / OFFERORS AND GENERAL TERMS AND CONDITIONS
Bidders are required to submit their proposals upon the following express conditions:
• Bidders shall thoroughly examine the drawings, specifications, instructions and all other contract documents.
• Bidder shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the bid conditions. No plea of ignorance by the bidder of conditions that exist or may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations or investigations or failure to fulfill in every detail, the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the bidder.
• The Bidder/Offeror certifies that the bid submitted by said Bidder/Offeror is done so without any previous understanding, agreement or connection with any person, firm, or corporation making bid for the same contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action.
• Bids or Proposals, amendments thereto, or withdrawal requests received after the time advertised for Bid or Proposal Opening, will be void regardless of when they are mailed unless they are received before any bid is opened.
• The Vendor agrees to protect, defend, indemnify and hold harmless the City of Marion and its officers and employees from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Vendor, its employees, subcontractors or any independent contractors working under the direction of either the Vendor or subcontractor in the performance of this contract.
LANGUAGE, WORDS USED INTERCHANGEABLY
The word CITY refers to the City of Marion of Linn County, Iowa throughout these Instructions and Terms and Conditions. Similarly, BIDDER/OFFEROR refers to the person or company submitting an offer to sell its goods or services to the City. The words QUOTATION, BID and PROPOSAL are all offers from a BIDDER/OFFEROR, but may represent different methods of obtaining price and other information from the BIDDER/OFFEROR.
No bid or Proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Bidders/Offerors shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid or proposal and that they have the necessary financial resources to provide the proposed supply/service as described in the attached Technical Specification.
BID OR PROPOSAL FORM
Each Bidder/Offeror must submit an original Bid or Proposal and additional copies as required. All information required by the bid form shall be furnished. The Bidder/Offeror shall sign his/her Bid or Proposal correctly, and the Bid or Proposal may be rejected if it shows any omissions, alterations of the form, additions not called for in the Bid or Proposal, or any irregularities of any kind.
Bidders/Offerors may submit additional information and brochures relative to the product(s) for which they are offering pricing, but those submittals will only be considered in addition to, not in lieu of, any bid submitted on the City’s form.
Unit prices shall be shown and should there be a discrepancy between the unit price and the extended price, the unit price shall prevail.
Alternate bids will not be considered unless authorized by the Invitation to Bid.
Any deviation from the specification MUST be noted in detail, and submitted in writing on the Bid or Proposal form. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement accompanying specifications will hold the Bidder/Offeror strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If the specifications or descriptive papers are submitted with Bids or Proposals, the Bidder’s/Offeror’s name should be clearly shown on each document.
All changes in Bid or Proposal documents shall be through written addendum and furnished to ALL Bidders/Offerors. Verbal information obtained otherwise will NOT be considered in awarding of Bids or Proposals.
MODIFICATION, ADDENDA AND INTERPRETATIONS
Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Bidder/Offeror in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Bid or Proposal Opening. Any and all such interpretations or medications will be in the form of written addenda. All addenda shall become part of the contract documents and shall be acknowledged and dated on the Signature Page.
The delivery time or completion date, as stated in the Bid or Proposal Form, shall be the time required to deliver the complete item(s) after the receipt of the order or award of Contract. Where multiple items appear on a Bid or Proposal request, the Bidder/Offeror shall, unless otherwise stated by the City, show the delivery time for each item separately.
If only a single delivery time is shown, it will mean that all items included in the Bid or Proposal can and will be delivered on or before the specified date. The Bidder/Offeror agrees that the delivery will be completed in the time stated, assuming that the time between the Bid or Proposal Opening and the placing of the order does not exceed the number of days so stipulated. The right is reserved to reject any Bid or Proposal in which the delivery time indicated is considered sufficient to delay the operational needs for which the commodity/service is intended.
For the purposes of this quote and subsequent awards, City holiday closures are typically New Year’s Eve and Day, Veteran’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day following, Christmas Eve and Christmas Day. Deliveries generally will not be accepted on those dates. (Please note these dates on your calendars for deliveries, sales calls, and ect. throughout the year.)
Proposed delivery time must be shown and include Sundays and holidays.
Notice of late delivery arrival should be made no more that twenty-four (24) hours prior to the originally scheduled time. Otherwise, the City may not be available to facilitate the receiving and the shipment will be returned to you or its originating point.
SUBMISSION OF BIDS
Bids and changes thereto shall be enclosed on sealed envelopes addressed to Vehicle Bid, Fire Department, 3933 Katz Drive, Marion, Iowa 52302.. The name and address of the Bidder/Offeror, the date and hour of bid opening and the materials or services bid on shall be placed on the outside of the envelope.
Bid submittal must include the compliance to specification sheet provided. Telegraphic bids will not be considered.
Samples, when required, must be submitted within the time specified at no expense to the City. If not destroyed or used up during testing, samples will be returned upon request at the Bidder’s/Offeror’s expense.
REJECTION OF BIDS
The City Council may reject a bid if:
• The Bidder/Offeror misstates or conceals any material fact in the bid
• The bid does not strictly conform to the law or the requirement of the bid
• The bid is conditional except that the bidder may qualify his bid for acceptance by the City on an “all or none” basis, a low item basis or specific groups of items
• The City Council may, however, reject all bids whenever it is deemed in the best interest of the City to do so and may reject any part of a bid. The City may also waive any informality or minor technicalities or irregularities in any bid and bids containing an escalator clause will not be considered.
AWARD OF CONTRACT
The contract will be awarded to the lowest responsible Bidder/Offeror whose bid, conforming to the Invitation to Bid, is most advantageous to the City, price and other factors considered.
The City reserves the right to accept any items or group of items of this bid unless the bidder qualifies the bid by specific limitations.
ACCELERATED PAY DISCOUNTS
Accelerated discounts should be so stated on your Signature Page. If quick pay discounts are offered, the City reserves the right to include that discount as part of the award criteria. Prices bid or proposed must, however, be based upon payment in thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later.
Other governmental agencies outside the City of Marion may be extended the opportunity to purchase from this bid or proposal with the agreement of the successful bidder(s) and the originating governmental agency. However, the City of Marion is not the agent of, partner to, or representative of these agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated “piggy-back” procurements.
PURCHASE ORDERS AND INVOICES
When a bid is awarded and may be used on a Citywide basis or by a cooperative purchasing group, individual purchase orders will be assigned to the successful Bidder(s)/Offeror(s) from the departments and/or jurisdictions which are not part of the City, but which are participating in a joint bid. Invoices from the Bidder/Offeror must be submitted to the actual requestor for each purchase made by a department or outside jurisdiction, and must reflect the corresponding purchase order.
Payments will be made for all goods/services delivered, inspected and accepted within 30 days and on receipt of an original invoice.
Invoices shall be correctly prepared and submitted to the Fire Department and shall contain the following information: purchase order number, item numbers, brief description of supplies or services, sizes, serial numbers, quantities, unit price and totals.
LAWS AND REGULATIONS
All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference.
No portion of the Bid or Proposal may be subcontracted without the prior written approval of the City.
Material shipped in excess of quantity ordered may be returned at Bidder’s/Offeror’s expense. Similarly, when under shipments are received, the City reserves the right to leave the purchase order/contract open until goods/services are received, or to close the transaction if more cost effective for the City.
Bidder/Offeror shall, with respect to any devise or composition of Bidder’s/Offeror’s design or Bidder’s/Offeror’s standard manufacture, indemnify and hold harmless the City, its employees, officers, and agents, from costs and damage as finally determined by any court of competent jurisdiction for infringement of any United States Letters Patent, by reason of the sale or normal use of such device or composition, provided that Bidder/Offeror is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense thereof by the City.
Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors.
TERMINATION OF AWARD FOR CAUSE
If, through any cause, the successful Bidder/Offeror shall fail to fulfill in a timely and proper manner its obligations or if the successful vendor shall violate any of the covenants, agreements or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful Bidder/Offeror of such termination and specifying the effective date of termination. 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/Offeror shall be entitled to receive compensation for satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful vendor shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful vendor and the City may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due the City from the successful vendor is determined.
TERMINATION OF AWARD FOR CONVENIENCE
The City may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination. In that event, all finished or unfinished services, reports, materials prepared for or furnished by the successful Bidder/Offeror under the award shall, at the option of the City, become its property. If the award is terminated due to the fault of the successful Bidder/Offeror, termination of award for cause relative to termination shall apply. If the award is terminated by the City as provided herein, the successful vendor 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/Offeror covered by the award, less payments of compensation previously made.
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 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 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 the other party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay, and (ii) shall remedy such a cause as soon as reasonably possible.
ACCEPTANCE OF TERMS BY SHIPMENT
Shipment of all or part of any portion of the goods covered by any order placed shall be deemed an acceptance of the bid or proposal upon the terms and prices set forth herein.
Bidder/Offeror shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void.
Prices are to be honored for the time period stated in your response on the signature page.
Those charges are to be included in the quoted price of these materials, rather than as a separate item unless otherwise noted.
In terms of loss or damage, as well as where title to the goods is passed, please quote FOB – Destination.
METHOD OF AWARDING/QUOTING
The City reserves the right to make awards based on the entire bid or on an individual basis. However if you offer your bid based on an “all or none” condition, the City may consider your bid non-responsive and reject the entire bid.
The City of Marion is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. A Tax Exempt certificate will be provided where applicable.
The City of Marion has a fleet number registered with the Ford Motor Company.