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HomeMy WebLinkAboutBid #23-09 New Golf Cart Batteries BidINVITATION TO BID ITB #23-09 NEW GOLF CART BATTERIES City of Sebastian 1225 Main Street Sebastian, FL 32958 PROCUREMENT DIVISION EVENT DATE TIME RELEASE DATE: Sunday, May 7, 2023 - PRE-BID CONFERENCE: N/A N/A N/A QUESTIONS DUE DATE/TIME: Friday, May 12, 2023 2:00 PM LOCAL TIME BID DUE DATE/TIME: Wednesday, May 17, 2023 2:00 PM LOCAL TIME POINT OF CONTACT: Don Wixon Procurement/Contracts Manager Phone: (772) 388 – 8231 Email: dwixon@cityofsebastian.org BID DELIVERY & BID OPENING LOCATION: City of Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 *Dates in this schedule occurring after the release date may be amended by the City. It is the Proposer’s responsibility to check for addenda amending any changes to this RFP. ITB #23-09 NEW GOLF CART BATTERIES Page 2 of 26 INVITATION TO BID The City of Sebastian is seeking sealed bids from interested bidders for new Golf Cart Batteries. Bidders have the option to submit physically, (in-person) or by mail. Sealed bids, including one (1) original (marked original in blue ink), and two (2) copies, marked in black ink, marked with the bidder’s name & address, bid number & title and bid opening date & time (lower left corner of envelope) will be accepted until Bid Opening, at 2:00 PM Local Time on Wednesday, May 17, 2023. All sealed bids must be delivered or mailed to: City of Sebastian, FL ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Bid documents may also be obtained from the City’s website www.cityofsebastian.org (Current Bids), DemandStar.com and VendorLink.com. Questions concerning this bid should be emailed to the Procurement/Contracts Manager at dwixon@cityofsebastian.org on Friday, May 12, 2023, before 2:00 PM Local Time. All communication regarding this bid shall be directed only to this point of contact. Questions may not be answered after this date and time. Bids duly submitted will be publicly opened and announced at the Bid Opening date and time specified above. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non-substantial irregularities. Late Bids will not be opened. Bidders have the option of picking up or paying for the mailed return of the unopened Bid. If this option is not exercised within five- (5) days of the Bid Opening, the late unopened Bid will be disposed. By: Don Wixon, Procurement/Contracts Manager Published: Press Journal – Sunday, May 7, 2023 IMPORTANT: Contact by a Bidder (or anyone representing a Bidder) regarding this ITB with the City Council or a City employee/representative, from the date of release until after a contract is approved by the City Council, other than the point of contact listed above, is grounds for disqualification. ITB #23-09 NEW GOLF CART BATTERIES Page 3 of 26 TABLE OF CONTENTS INVITATION TO BID ............................................................................................................................... 2 TABLE OF CONTENTS ............................................................................................................................ 3 DEFINITIONS ............................................................................................................................................ 3 SECTION 1 – GENERAL BID INFORMATION ................................................................................... 4 SECTION 2 – BID REQUIREMENTS ..................................................................................................... 5 SECTION 3 - INSTRUCTIONS TO BIDDERS ....................................................................................... 6 SECTION 4 – GENERAL CONDITIONS ............................................................................................... 9 SECTION 5 – REQUIRED FORMS ....................................................................................................... 16 STATEMENT OF NO BID .................................................................................................................... 17 SOLICIATION INFORMATION FORM .............................................................................................. 18 BID SUBMISSION CHECKLIST ......................................................................................................... 19 CONTACT INFORMATION SHEET ................................................................................................... 20 REFERENCE LIST ................................................................................................................................ 21 DRUG-FREE WORKPLACE FORM .................................................................................................... 22 NON-COLLUSIVE AFFIDAVIT .......................................................................................................... 23 ADDENDA ACKNOWLEDGEMENT……………...……………………………………...…………24 SPECIFICATIONS……………………………………………………………………………………….25 BID FORM……………………………………………………………………………………………….26 DEFINITIONS Invitation to Bid: this Solicitation document, including any and all addenda. Bid: submission in response to this Invitation to Bid. Bidder: person or firm submitting a Bid in response to this Invitation to Bid, “pre-award”. Contractor: selected Bidder that is awarded a purchase order to provide the goods or services to the City, “post-award”. City: refers to the City of Sebastian. Purchase Order: Invitation to Bid, all addenda issued thereto, all affidavits, the signed agreement, and all related documents that comprise the totality of the purchase order between the City and the awarded Bidder. Responsible Bidder: Bidder that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the ITB. Responsive Bidder: Bidder who’s Bid fully conforms in all material respects to the ITB and its entire requirement, including form and substance. Days: refers to calendar days, unless otherwise stated. Shall, Must & Will: Interpreted as mandatory language. ITB #23-09 NEW GOLF CART BATTERIES Page 4 of 26 1. SECTION 1 – GENERAL BID INFORMATION 1.1 SCOPE OF WORK The City of Sebastian is seeking sealed bids for the purchase and delivery of New Golf Cart Batteries. The City will be purchasing up to 360 New Golf Cart batteries. These batteries will be purchased on an as needed basis by the City of Sebastian and the selected vendor shall remove and properly dispose of the old/used batteries. 1.2 METHOD OF AWARD The City, in its sole discretion, intends to award this Bid to the lowest, most responsive and responsible Bidder whose price, experience and qualifications prove to be the most beneficial to the City. The City reserves the right to reject low Bids, to wai ve irregularities and/or inconsistencies in any Bid, and to award this bid in a manner deemed to be in the City’s best interest. END OF SECTION ITB #23-09 NEW GOLF CART BATTERIES Page 5 of 26 2. SECTION 2 – BID REQUIREMENTS 2.1 TITLE PAGE Title page showing the Bidder’s name and address, contact person and telephone number: ITB number and title. TAB #1 – QUALIFICATIONS/EXPERIENCE 2.2 PROOF OF LICENSE(S) Bidder shall provide a copy of their business license and/or business tax receipt. TAB #2 – FORMS 2.3 FORMS All Forms required by the ITB shall be fully executed by the Bidder and submitted (See Section 5, Forms). 3. END OF SECTION ITB #23-09 NEW GOLF CART BATTERIES Page 6 of 26 SECTION 3 - INSTRUCTIONS TO BIDDERS 3.1 CONE OF SILENCE Bidders shall not communicate in any way with City staff or the City Council other than the primary contact listed herein. This restriction shall be effective from the time of bid advertisement until an award is made by the City Council. Such communication may result in disqualification. 3.2 REQUIRED COPIES One (1) original (marked original in blue ink), and two–(2) copies (marked in black ink) of the bid submittal shall be submitted. Please refer to the Bid Submission Checklist for all requirements. 3.3 SEALED BIDS Bids shall be enclosed in a sealed envelope and shall show (lower left corner) the Bidder’s name and address, bid number and title, along with the bid opening date and time. The Bid shall be submitted no later than the Bid Opening date and time mentioned on the Invitation to Bid. The City will not be responsible for opening any bids that are not clearly marked. 3.4 BIDS NOT CONSIDERED Bids not considered are Late Bids, telegraphed, emailed or faxed Bids and Bids that may not conform to the instructions contained in the Invitation to Bid. Bids may be withdrawn by fax or email, provided that such notices are received prior to the Bid Opening date and time. 3.5 ACCEPTABLE BIDS Original bid shall be handwritten and filled in with (blue) ink. Any erasures or corrections must be initialed by the Bidder in blue ink. Handwritten submissions must be legible. 3.6 LATE BIDS Late Bids will not be opened. Bidders have the option of picking up or paying for the mailed return of the unopened Bid. If this option is not exercised within five (5) days of the Bid Opening, the late unopened Bid will be disposed. 3.7 NO BID If unable to submit a Bid, please complete and return the “Statement of No Bid” form prior to the Bid Opening date shown herein. Return by email (dwixon@cityofsebastian.org) or by mail. 3.8 BID OPENING Bidders are welcome to attend the bid opening; however, attendance is not mandatory. Bids shall be opened and publicly announced in the City of Sebastian Council Chambers, on the date and time specified on the Invitation to Bid, unless otherwise stated in the form of an addendum. 3.9 BID EXAMINATION In accordance with Chapter 119, Florida Statutes, bid files will be made available for public inspection at the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the response opening, whichever is earlier. Bid files may be examined during normal working hours, by appointment only, by contacting the City Clerk’s office at 772-589-5330. ITB #23-09 NEW GOLF CART BATTERIES Page 7 of 26 3.10 REQUIRED INFORMATION Bidders shall follow all instructions and provide all required information and forms to be considered for award. Bidders wishing to qualify for consideration of exception for all or any portion of the bid shall provide a hand printed or typed explanation on the bid or separate attachment to be submitted with the bid. 3.11 CONFIDENTIAL INFORMATION Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may be exempt from the Public Records Law. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked “Confidential Financial Statement Enclosed.” By submission of a response to this ITB the proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. 3.12 ADDENDA Addenda may be issued in response to any inquiry received by the Question deadline date and time specified herein. The revisions, additions, deletions, clarification, etc. shall become part of and have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other documents, specifications, drawings, terms and conditions remain the same. The Bidder should not rely on any representation, statement or explanation, whether written or verbal, other than those made in the Solicitation documents or in the addenda issued. It is the Bidder’s responsibility to ensure receipt of all addenda and any accompanying attachments before submitting Bid. The Bidder is required to include all addenda signed with bid submission. Where there appears to be a conflict between Solicitation and any addenda, the last addendum issued shall prevail. 3.13 DRUG-FREE WORKPLACE The Drug-Free Workplace form, as attached hereto, shall be submitted with the bidding documents. 3.14 PUBLIC ENTITY CRIMES Any person or firm submitting a bid in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said bid. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. 3.15 REFERENCES A list of References is required to be submitted with the Bid submission. It is preferred that references be for projects performed for public/government agencies. Failure to submit a list of references with valid contact information may result in the bid being deemed non-responsive and may not be considered for award. 3.16 CORRECTIONS, CANCELLATION, & WITHDRAWAL Bidders may be asked to provide further information after bid opening to determine the responsibility of the vendor. 3.16.1. Waiver of Technicality: Information shall not be considered after the bid opening unless it has been specifically requested to be provided with the bid and becomes a matter of responsiveness. The bid shall be considered responsive if it substantially conforms to the requirements of the Invitation to Bid. The City may waive any informality, technicality, or irregularity on any bid. A minor or non-substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. ITB #23-09 NEW GOLF CART BATTERIES Page 8 of 26 3.16.2. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected by the Procurement/Contracts Manager. In cases of errors in mathematical computations, the unit prices shall not be changed. 3.16.3. Cancellation or Postponement: The City of Sebastian Procurement/Contracts Manager may cancel or postpone the bid opening or cancel the Invitation to Bid in its entirety. 3.16.4. Withdrawal: Prior to any published bid opening date and time, a Bidder may withdraw his or her bid in writing. A fax is permitted for this purpose, provided a confirming telephone call is made. 3.16.5. Amendments: Prior to any published bid opening date and time, a Bidder may amend the bid provided that it is in writing, in a sealed envelope, and identified. 3.17 BID GUARANTEE The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be firm for acceptance for a period of not less than ninety-(90) days from the bid opening date. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. 3.18 BID AWARD The contract/agreement will be awarded, in the City’s sole discretion, to the lowest, most responsive and responsible Bidder whose bid, conforming to the specifications and Instructions for Bidders, will be most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City. The City Shall reserve the right to reject low Bids, to waive irregularities and/or inconsistencies in any Bid, and to award this bid in a manner deemed to be in the best interest of the City. The Procurement/Contracts Manager shall issue a Notice of Award to the successful Bidders and post on the City’s website and DemandStar. 3.19 REJECTION OF BIDS The City, in its sole discretion, reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the successful Bidder, and the right to disregard all non-conforming, non-responsive, imbalanced, or conditional Bids. More than one Bid from an individual, firm or association under same or different names, will not be considered. Any or all Bids will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. END OF SECTION ITB #23-09 NEW GOLF CART BATTERIES Page 9 of 26 4. SECTION 4 – GENERAL CONDITIONS 4.1 CONFLICT OF INTEREST Bid Award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian, City Council members included; further, all Bidders must disclose the name of any City employee or Council member, who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder’s firm or any of its branches. Should the Bidder permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 4.2 WRITTEN PURCHASE ORDER The awarded Vendor shall not commence any Work until a written City Purchase Order is issued to the awarded Vendor to proceed with the order has been issued by the City. 4.3 INDEMNIFICATION/HOLD HARMLESS The VENDOR and/or its AGENTS shall indemnify and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the VENDOR and/or its AGENTS and other persons employed or utilized by the VENDOR and/or its AGENTS in the performance of completing the order; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee and/or its officers, directors, agents or employees. Upon request of the CITY, the VENDOR or its AGENTS shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and the VENDOR and/or its AGENTS shall pay any cost and reasonable attorneys’ fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sove reign or governmental immunity. This provision shall survive the termination of this bid. This Space Intentionally Left Blank ITB #23-09 NEW GOLF CART BATTERIES Page 10 of 26 4.4 METHOD OF PAYMENT 4.4.1 Florida Prompt Payment Act Payment shall be made in accordance with Section 218, Part VII of the Florida Statutes. 4.4.2 Invoicing The City shall provide partial payments for batteries delivered by the Vendor during various phases of the procurement process in accordance with the unit pricing provided in their bid submittal subject to the maximum or not to exceed amount as specified in a City Purchase Order. The Vendor shall provide fully documented invoices, which indicates the listed basic information. It shall be understood that such invoices shall not be authorized for payment until the delivered batteries are inspected by the respective City representative and payment is approved. All invoices shall contain the following basic information: 4.4.2.1. VENDOR INFORMATION:  The name of the business organization as specified between City and Vendor  Date of invoice  Invoice number  Vendor’s Federal Identification Number on file with the State 4.4.2.2. CITY INFORMATION:  City Purchase Order Number and Bid Number 4.4.2.3. PRICING INFORMATION:  Unit price of the goods, services or property provided  Extended total price of the goods, services or property  Applicable discounts 4.4.2.4. GOODS OR SERVICES PROVIDED PER THE CITY PURCHASE ORDER:  Description  Quantity 4.4.2.5. DELIVERY INFORMATION:  Delivery terms set forth within the City Purchase Order  Location and date of delivery of goods, services or property Failure to submit invoices in the prescribed manner will delay payment. 4.5 SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempt from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City’s Tax Exemption Number in securing such materials. 4.6 AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian and or State or Federal appropriations. ITB #23-09 NEW GOLF CART BATTERIES Page 11 of 26 4.7 WORK ACCEPTANCE Upon delivery, or pickup, the product will be inspected by authorized representatives of the City. This inspection shall be performed to determine acceptance of products, appropriate invoicing, and warranty conditions. 4.8 WAIVER OF IRREGULARITIES The City may waive minor informalities or irregularities in Bids received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Bidder. Minor irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the price of the Bids by giving a Bidder an advantage or benefit not enjoyed by other Bidders. 4.9.1 In no event will any such elections by the City be deemed to be a waiving of the procurement criteria. 4.9.2 The Vendor who is selected will be required to fully comply with the City approved criteria for the Price Bid, regardless that the Solicitation may have been based on a variation from the criteria. 4.9.3 The Vendor shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Bidder’s means and methods, use of new products, and new uses for established products. 4.9 QUESTIONS AND/OR REQUESTS FOR CLARIFICATION Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the Procurement/Contracts Manager via email at dwixon@cityofsebastian.org. Bidders must clearly understand that the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via an Addendum. The Solicitation number and title shall be referenced on all correspondence, be sure to include the page and paragraph number for each question in order to ensure that questions asked are responded to correctly. All questions must be received no later than the time and date specified in the Invitation to Bid and At-A-Glance timetable. All responses to questions/clarifications will be published in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Addenda will be made available on the City’s website (www.cityofsebastian.org), DemandStar (www.demandstar.com) and VendorLink (vendorlink.com) it is the Bidder’s sole responsibility to assure receipt of all (if any) addenda(s). 4.10 CO-OPERATIVE PURCHASING It is the intent of the Invitation to Bid to secure goods or services to be used by the City of Sebastian. However, by virtue of bidding, the Vendor accepts the right of other Government Entities to “piggyback” purchase from this ITB by mutual consent. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. 4.11 DISCRIMINATION The Vendor shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. ITB #23-09 NEW GOLF CART BATTERIES Page 12 of 26 4.12 PURCHASING CARD PROGRAM The City of Sebastian has implemented a purchasing card program using the Visa network. Vendors may receive payment through the purchasing card program for goods and services provided to the City in the same manner as other Visa purchases. Accordingly, Vendors that wish to accept payments in this manner must indicate that they have the ability to accept Visa or will take whatever steps are necessary to accept Visa before the start of the contract. The City of Sebastian reserves the right to revise and/or cancel this program at any time, and assumes no liability for such action. A valid and complete invoice is still required to process payment using Purchasing Card. 4.13 PUBLIC RECORDS Section 119.01 F.S., The Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the City in connection with all Bidder's responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or thirty (30) days after the bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the Bidder believes any of the information contained in his or her response is exempt from the Public Records Law, the Bidder must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. 4.14 SCRUTINIZED COMPANIES LISTS Bidder certifies that it is not listed on (a) the Scrutinized Companies that Boycott Israel List, crea ted pursuant to Section 215.4725, Florida Statues, or is engaged in a boycott of Israel; (b) the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or (c) is engaged in business operations in Cuba or Syria. Bidder further understands and accepts that any City Purchase Order issued as a result of this bid shall be subject to Section 287.135, Florida Statutes, and subject to immediate termination by the City in the event there is any misrepresentation or false certification on the part of Bidder. This Space Intentionally Left Blank ITB #23-09 NEW GOLF CART BATTERIES Page 13 of 26 4.14.1 LOCAL VENDOR PREFERENCE POLICY Effective October 14, 2009, City of Sebastian adopted a local vendor preference reference, Ordinance No. 09-13 as set forth below: Sec. 2-11. Local Vendor Preference Policy (a). Definitions. (1) Local business means the vendor has: a) A valid business tax receipt issued by the City of Sebastian, Indian River County, St. Lucie County, Martin County, Okeechobee County, Osceola County, or Brevard County at the time a bid or proposal is submitted, and b) A physical address located within the local area, in an area zoned for the conduct of such business, from which the vendor is operating a significant portion of its business, and at which it maintains full-time employees. (2) Nonlocal business means any vendor that does not meet the definition of a business within the local area. (b) Establishment as local area business. To establish that a vendor is a local area business a vendor shall provide written documentation of compliance with the definitions for each such local business as defined in subsection (1) herein, at the time of submitting a bid or proposal. Post office boxes are not verifiable and shall not be used for the purpose of establishing the required physical business address. A vendor that misrepresents the local area status of its firm in a proposal or bid submittal to the city will lose the privilege to claim local preference status for a period of two years. (c) Local preference in purchasing and contracting. The City of Sebastian shall give preference to local area businesses in the purchase of commodities, personal property, general services, professional services, and the purchase of or contract for construction or renovation of public works or other public improvements by means of competitive bid. The city shall give such preference to local area businesses in the following manner: (1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive nonlocal business submits the lowest price bid, and the lowest bid submitted by a qualified and responsive local area business is within five percent of the lowest bid, then the lowest bidding local area business shall have the opportunity to submit an offer to match the price submitted by the lowest nonlocal area business Bidder. Within five working days after the posting of the qualified and responsive bids, any local area business that has submitted a bid within five percent of the lowest bid by a nonlocal area business, and that wants the opportunity to match the lowest bid, shall submit a written offer to match the lowest bid. If the lowest local area business submits an offer that matches the lowest bid submitted, then the award shall be made to such local business. ITB #23-09 NEW GOLF CART BATTERIES Page 14 of 26 If the lowest local area business Bidder declines or is unable to match the lowest bids, then the option to do so moves to the next local area business if its bid is within five percent of the lowest bids, and it is a qualified and responsive Bidder. If the lowest bid is submitted by a qualified and responsive local area business, there is no local vendor preference. If a local area business accepts the opportunity to match the lowest bid of a nonlocal area business and that bid is based on unit price bid items and estimated quantities, then the unit prices for all bid items shall be reduced in proportion to the reduction in the local area business’s total bid amount required to match the lowest total bid. (2) Ties. In the event of any tie in the final bid price between a local area business, and a nonlocal area business, a bid award, or the first opportunity to negotiate, as applicable, shall be made to the local area business. In the event of any two businesses located within the City of Sebastian, or two businesses located within the greater local area, the local vendor with the greatest number of full-time employees working in the City of Sebastian or the greater local area respectively shall be awarded the bid or receive the first opportunity to negotiate as applicable. (d) Exception to local vendor preference policy. The local preference policy set forth herein shall not apply to any of the following purchases or contracts: (1) Goods or services provided under a cooperative purchasing agreement or piggyback agreement; or (2) Purchases or contracts which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; or (3) Purchases made or contracts let under emergency or noncompetitive situations, or for litigation related legal services, as described in the City’s purchasing policies; or (4) Purchases or contracts with an estimated cost of $5,000.00 or less; or (5) Purchases or contracts where the difference between the amount of the low bid submitted by a qualified and responsive nonlocal area business and the lowest bid submitted by a qualified and responsive local area business is greater than $25,000.00; or (6) Where all bids are rejected. (e) Waiver of the application for local vendor preference policy. Any request for the waiver of local preference to any particular purchase or contract must be heard by the City Council prior to advertising the bid. The City Council, as the awarding authority, may approve the waiver of local preference upon review and at its discretion. (f) Comparison and review of qualifications. The preferences established herein no way prohibit the right of the City of Sebastian to compare and review the quality of materials proposed for purchase, and to compare and review the qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Furthermore, the local preference established herein shall not prohibit the City from giving any other preference permitted by law in addition to the local preference contained herein. ITB #23-09 NEW GOLF CART BATTERIES Page 15 of 26 (g) Administration of local preference policy. This policy shall apply to all departments, functions and funds under the governance of the City of Sebastian, unless subsection (d) applies. (h) Dispute resolution. Any dispute arising under the provision of this section shall first be presented to the City Manager for determination. The decision of the City Manager shall be appealable to the City Council, and the decision of the City Council shall be final and binding on all parties. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, OR TO ACCEPT ANY BID OR PORTION THEREOF DEEMED TO BE IN THE BEST INTEREST OF THE CITY, AND TO WAIVE ANY NON-SUBSTANTIAL IRREGULARITIES. LATE BIDS WILL NOT BE ACCEPTED. END OF SECTION ITB #23-09 NEW GOLF CART BATTERIES Page 16 of 26 SECTION 5 – REQUIRED FORMS MAILING LABEL Cut along the outer border and affix this label to the sealed envelope to identify it as a Sealed Solicitation Submittal. SEALED BID • DO NOT OPEN SOLICITATION #: BID 23-09 SOLICITATION TITLE: New Golf Cart Batteries DUE DATE/TIME: Wednesday, May 17, 2023 by 2:00 PM Local Time SUBMITTED BY: Bidder’s Name Bidder’s Address Bidder’s Address DELIVER TO: City of Sebastian ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 ITB #23-09 NEW GOLF CART BATTERIES Page 17 of 26 STATEMENT OF NO BID If your firm is unable to submit a Bid, please complete and return this form prior to the Bid Opening date shown herein. Return by email (dwixon@cityofsebastian.org) or by mail to: CITY OF SEBASTIAN ATTN: PROCUREMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 Company’s Name: Company Address: Phone No: We have declined to bid on ITB #23-09, New Golf Cart Batteries, for the following reason(s) (mark all that applies): Do not offer the good(s) or service(s) required Our schedule would not permit us to perform responsibly Unable to meet specifications Insufficient time allowed for preparation of response Specifications unclear (please explain below) Other (please specify below) REMARKS ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ _____________________________ Signature _____________________________ Print Name/Title _____________________________ Date ITB #23-09 NEW GOLF CART BATTERIES Page 18 of 26 SOLICIATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company’s Name: Company Address: Phone No: Please tell us how you found out this Request for Bid was released/available (mark all that applies): Indian River Press Journal (TCPalm) DemandStar/Onvia City of Sebastian Web Site Other (please specify below) ITB #23-09 NEW GOLF CART BATTERIES Page 19 of 26 BID SUBMISSION CHECKLIST Please use the following checklist as a reference document to confirm all requirements are met in your ITB submission. This checklist must be submitted as part of the Bid submission. Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by this Solicitation from prospective Bidders. It simply serves as a guide for the most significant document s to be included in the Bid submission and should be enhanced as deemed necessary. It is solely the Bidder’s responsibility to read and understand all requirements and adhere to all issued addenda. Requirements OFFICE USE ONLY One (1) original copy of bid (bearing original signatures in Blue Ink) Two-(2) copies of bid (marked in Black Ink) Title Page Bid Submission Checklist – FORM A Signed Addenda, if applicable TAB #1 – QUALIFICATIONS/EXPERIENCE Proof of License(s) – Business License or Business Tax Receipt TAB #2 – FORMS (REMAINDER OF FORMS) Contact Information Sheet – FORM B Reference List – FORM C Drug-Free Workplace Form – FORM D Non-Collusive Affidavit – FORM E Addenda Acknowledgement – FORM F FORM A ITB #23-09 NEW GOLF CART BATTERIES Page 20 of 26 CONTACT INFORMATION SHEET DUE DATE: Wednesday, May 17, 2023 by 2:00 pm, Local Time City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Check Addenda for any revised opening dates before submitting your bid. Bid(s) received, after the date and time stated above, shall not be considered for award. Faxed bids are not allowed and will not be considered for award. ITB NO.: #23-09 RELEASE DATE: Sunday, May 7, 2023 CONTACT: Don Wixon, Procurement/Contracts Manager (772) 388-8231 afraser@cityofsebastian .org ITB TITLE: NEW GOLF CART BATTERIES Bidder’s Name and “Doing Business As”, if applicable: Address: “REMIT TO” ADDRESS FOR PAYMENT: If payment(s) is/are to be mailed to address other than as stated on left, please complete section below. Check this box if address is the same as stated on the left. City: Address: State: Zip Code: City: Telephone Number: State: Zip Code: Fax Number: Contact: E-Mail Address of Authorized Representative: Telephone Number: Federal Tax Identification Number: Fax Number: The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, the sites and the location conditions affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and furnish all equipment and labor necessary for the performance of the Services in a good, firm, substantial and workmanlike manner. Signature of Authorized Representative (Manual) Name of Authorized Representative (Typed or Printed) Title FORM B ITB #23-09 NEW GOLF CART BATTERIES Page 21 of 26 REFERENCE LIST Bidder’s Name: Bidder must provide the contact information for a minimum of three (3) references in which similar work was performed within the last five (5) years. Reference #1 Company Name: Location (City, State): Date of Service: Contact Person: Contact Number: Email Address: Reference #2 Company Name: Location (City, State): Date of Service: Contact Person: Contact Number: Email Address: Reference #3 Company Name: Location (City, State): Date of Service: Contact Person: Contact Number: Email Address: Failure to fully complete and submit this form may result in rejection of the Bid. FORM C ITB #23-09 NEW GOLF CART BATTERIES Page 22 of 26 DRUG-FREE WORKPLACE FORM The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that ____________________________________________________ does: Bidder’s Name 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Signature:___________________________ Print Name:_________________________ Date:_______________________________ Failure to sign and submit this Drug-Free Workplace Form may result in rejection of the Bid. FORM D ITB #23-09 NEW GOLF CART BATTERIES Page 23 of 26 NON-COLLUSIVE AFFIDAVIT STATE OF ____________________ COUNTY OF __________________ _______________________________________ being first duly sworn, deposes and says that: BIDDER is the ____________________________________________________________, (Owner, Partner, Officer, Representative or Agent) BIDDER is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; Such Bid is genuine and is not a collusive or sham Bid; Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm or person to submit a collusive or sham Bid in connection with the solicitation for which the attached Bid has been submitted; or to refrain from bidding in connection with such solicitation; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any BIDDER, firm, or person to fix the price or prices in the attached Bid or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid Price or the Bid Price of any other BIDDER, or to secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed solicitation; The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit. Subscribed and sworn to before me this _____ day of _________________________, 2023. Notary Public Name: Notary Public Signature: My Commission Expires: ___________________ Failure to fully complete, sign and submit this Affidavit may result in rejection of the Bid. FORM E ITB #23-09 NEW GOLF CART BATTERIES Page 24 of 26 ADDENDA ACKNOWLEDGEMENT Bidder’s Name: Phone #: ITB Title: NEW GOLF CART BATTERIES ITB #: 23-09 Bidder shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their Bid to be considered non-responsive. To confirm the number of addenda (if any), Bidder may contact the Procurement Division at (772) 388-8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 No Addenda was received in connection to this solicitation. Print Preparer’s Name: Title: Signature: Date: Failure to fully complete, sign and submit this Form may result in rejection of the submittal FORM F ITB #23-09 NEW GOLF CART BATTERIES Page 25 of 26 SPECIFICATIONS BRUTEFORCE GBAXHD-GC8 NEW GOLF CART BATTERY OR EQUIVALENT Battery Council International (BCI): GC8 Volts: 8V Part #: GC8-1200 Layout: POS/NEG 20H: 170Ah Weight: 63 LBS Length: 260mm Width: 181mm Height: 284mm The brand mentioned is to set a minimum standard and is not intended to sole source this bid. The City encourages open and free competition. If a brand of battery is being offered other than “BruteForce,” it is required to meet or exceed the stated specifications noted on this page. Furthermore, a different brand battery will require its brand specific watering system; therefore, for every six (6) batteries the City orders a watering system shall be included. The selected vendor shall remove and properly dispose of the old/used batteries. ITB #23-09 NEW GOLF CART BATTERIES Page 26 of 26 BID FORM A different brand battery will require its brand specific watering system; therefore, for every six (6) batteries the City orders a watering system shall be included. What is the City’s additional cost per watering system on each order of every six (6) batteries: $ _____________ What is your estimated delivery time on each order: ______________________________________ Bidder: I certify this bid is made without any agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, equipment or services, and in all respects fair without collusion or fraud. The person signing below acknowledges and agrees with all proposed information as submitted and has the authorization of the said company to enter into a contractual agreement with the City of Sebastian for the purposes as proposed and described herein. Bidder shall warrant that the unit prices, terms, and conditions quoted in the Bid will be held for a period of not less than ninety (90) days from the solicitation opening date. Proposers have the option to submit physically, in-person or by mail. Company Name:_______________________________________________________________________ Authorized Signature:_____________________________________________Date:__________________ Printed Name:_________________________________________________________________________ Address:_____________________________________________________________________________ Phone Number:________________________________________________________________________ DESCRIPTION Price Price per battery including delivery. Per Unit Price for each battery, including delivery: $ ____________ The City will be purchasing up to 360 new Golf Cart batteries on an as needed basis. What is your total cost for the purchase and delivery of up to 360 total batteries. Total Price for the purchase of up to 360 batteries, including delivery: $ _____________ What brand are you bidding? Do you meet all required specifications?