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INVITATION TO BID - PUBLIC NOTICE
Project:
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State of:
City of:
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County:
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File Number:
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Solicitation Number:
Proposal Due Date/Time::
Published on:
INVITATION TO BID
SCHEDULE OF EVENTS
Date of Pre-Bid Conference (MANDATORY):
Location of Pre-Bid Conference (MANDATORY)
Address:
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City, State, Zip Code:
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Deadline for Receiving Final ITB – Questions:
Deadline for Receiving Final ITB – Answers::
BID OPENING DATE:
BID AND PERFORMANCE BONDS
Each bid shall meet the requirements prescribed in R.C. 153.54, R.C. 153.57, and R.C. 153.571, and be accompanied by a surety. Said surety must be in the form of a bond for the full amount of the bid, plus all additive alternates, or a letter of credit, cashier’s check, or a certified check drawn on a solvent financial institution, that is made payable to the Board of County Commissioners, Greene County, Ohio and in the amount of 10% of the base bid, plus all additive alternates. This surety must accompany each bid as a guarantee that if the Bidder’s bid is accepted, a contract will be entered.
The appropriate surety as outlined above must be submitted with the bid and received no later than 11:00 a.m. on the date of the bid opening. Bids that do not have the actual bond, letter of credit, cashier’s check, or certified check present at the time of opening will be considered non- compliant and will not be read.
Failure to submit the bid bond, letter of credit, cashier’s check, or certified check with the bid will result in disqualification of the bid. The successful Bidder shall be required to furnish a corporate surety bond or certified check on a solvent bank, made payable to the Board of County Commissioners of COUNTY for a total up to 100% of the contract price as a guarantee for the faithful performance thereof.
The bond submitted must be issued by a company licensed to conduct business in the State of:
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Department Information
Department Name:
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Address::
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City, State, Zip Code:
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All bids must include the length of time that the prices and services offered are available and effective.
In its efforts to promote small business participation in COUNTY projects, it is the policy of the County Board of Commissioners that no contracting decision or contract award shall be based upon race, color, creed, sex, national origin, age, or other unlawful basis. COUNTY is an equal opportunity, governmental entity and will provide equal business opportunities in accordance with its policies.
GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS
The Board of County Commissioners and County Services reserves the right to reject any or all bids and, unless otherwise specified by the Board of County Commissioners, to accept any item in the bid. In case of error in extending the total amount of the bid, the unit price will govern.
Bidder’s Pledge and Agreement to COUNTY: Each Bidder acknowledges that this is a public project involving public funds and that County expects and requires that each successful Bidder adhere to the highest ethical and performance standards. Each Bidder, by submitting a bid, pledges and agrees that (a) it will act at all times with absolute integrity and truthfulness in its dealings with County; (b) it will use its best efforts to cooperate with County and all Contractors; (c) it will assign only competent supervisors and workers to the Project, each of whom is fully qualified to perform the tasks that are assigned to him/her; (d) it will comply with all applicable Fair Labor Standards and Prevailing Wage requirements; and (e) it has read, understands, and will comply with the terms of these General Conditions, the Bid Documents, and Contract Documents.
COUNTY is an equal business opportunity governmental entity and recognizes that small businesses promote employment and economic growth. The County encourages the participation of small businesses on County projects.
The small business participation goal (%) for this contract is:
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The County will make the final payment when the materials, supplies, equipment, or the work performed has been fully delivered or completed to the full satisfaction of the Board of County Commissioners.
In case of default by the Bidder or Vendor, the Board of County Commissioners and County Services may procure the articles or services from other sources and hold the Bidder or Vendor responsible for any excess costs occasioned thereby.
Prices must be stated in units or quantities specified.
Whenever a reference is made in the specifications or in describing the materials, supplies, or services required, of a particular trade name or manufacturer’s catalog or model number, the Bidder, if awarded the contract, will be required to furnish the particular item referred to in strict accordance with the specifications and descriptions UNLESS a departure or substitution is clearly noted and described in the bid by the Bidder and accepted by the County.
The Bidder, if awarded a contract or order, shall and does agree to indemnify, protect, defend, and hold harmless the Board of County Commissioners and COUNTY Services and their members , officers, employees and agents (the “Indemnified Parties”) from any and all claims, damages, losses, liabilities, liens, causes of action, suits, judgments and expenses, including reasonable attorney’s fees and all other costs of defense (the “Damages”), of any nature, kind or description, which arise out of or are caused by any conduct, acts or omissions, theft or fraud of the Bidder, its officers, employees and subcontractors, agents, assigns and those designated by Bidder to perform the Services under the Contract.
In addition, the Bidder shall and does agree to indemnify, protect, defend and hold harmless the County and its agents and employees from and against all Damages, of any nature, kind or description, which results from any claimed or threatened, infringement of any copyright, patent or other intangible property rights by the Bidder, anyone directly or indirectly employed by the Bidder, Bidder’s subcontractors or anyone for whose acts the Bidder may be liable.
Whenever required and so stated in the bid form, the Bidders shall furnish a bond, letter of credit, a cashier’s check or a certified check, drawn on a solvent bank and made payable to the Board of County Commissioners, the COUNTY in the amount as required by Legislation as a guarantee that, if the bid is accepted, a contract will be entered into. The successful Bidder shall be required to furnish a bond or a certified check drawn on a solvent bank and made payable to the Board of County Commissioners, the COUNTY for up to one hundred percent (100%) of the total amount of the contract as a guarantee of faithful performance thereof.
It is agreed that the bids submitted shall be irrevocable.
If accepted, the Bidder must, within Sixty (60) days (unless extended by the County, in writing) after receiving notice of acceptance of said bid, be willing to: a) enter into a written contract for the materials, supplies, products or services set forth in this ITB and b) faithfully perform said contract according to its terms, conditions and the specifications set forth therein. Bidder will promptly pay all damages and expenses incurred by the Board of County Commissioners and County Services by its failure, or refusal to enter into said contract. The Board of County Commissioners will treat all Bidders alike in every respect, and the Board of County Commissioners will take final action on this and all other bids no later than Sixty (60) days (unless extended by the County, in writing) after this and all other bids are opened. No bid shall be considered as accepted, nor any obligation assumed hereunder by the Board of County Commissioners, until such time as said Board of County Commissioners deposits in the U.S. Mail or e-mail a written notice, addressed to the successful Bidder or Bidders at the address given, an acceptance of the bid or award of a contract.
Samples, when requested, are returned at the Bidder’s expense.
In order for bids to receive consideration, they MUST BE RECEIVED prior to the specified time of opening and reading as designated in this ITB.
In order for bids to receive consideration, they MUST BE RECEIVED prior to the specified time of opening and reading as designated in this ITB.
When submitting their bids, Bidders are required to use the bid form furnished by the County when submitting their bids. The forms cannot be altered. If submitting a paper bid, envelopes must be sealed when submitted and the ITB NAME prominently written and displayed on the outside of the envelope/packages. Electronic responses must be completed on-line.
Bids having erasures or corrections thereon will be rejected unless explained or noted over the signature of the Bidder.
Bidders may submit bids on any one or group of items, provided however, the unit price(s) must be shown as requested.
A particular trade name, manufacturer’s catalog or model number may be referred to in the ITB for descriptive purposes only and only to assist in interpreting the type of materials, supplies, to be used in performing the work. However if a particular trade name, manufacturer’s catalog, or model number is a required element, the Bidder’s attention is directed to Item 7 above and the Bidder must strictly adhere to that condition.
Bidder agrees to comply with any new laws, rules, or regulations concerning public buying procedure. The COUNTY follows the State Revised Code.
Concealed weapons, whether with or without a permit, are not allowed in any County Building. ORC states that
All rebates, savings or other incentives which become available to the selected Bidder (vendor) during the term of the Contract shall be forwarded to the County or treated as a reduction in an amount payable by the County (at the County’s option). In this same regard, if a rebate, savings or other incentive becomes available after the termination of the Contract, vendor shall forwarded such rebate, savings or other incentive to the County. All notifications under this Paragraph shall be sent to :
Please enter proposal due date/time.
TAXES
State Sales Tax: Not applicable to COUNTY purchases
Federal Excise Tax: Not applicable to purchases for essential government functions.
Introduction
The Board of County Commissioners of COUNTY on behalf of the County Services Department is accepting sealed bids for the:
Please enter proposal due date/time.
The purpose of this Invitation to Bid (“ITB”) is to select a Bidder who submits the lowest and best bid that can best meet the requirements of this ITB. The Bidder selected from this ITB process shall provide the Products and or Services as defined in Section 4.0, Requirements and Specifications.:
Please enter proposal due date/time.
County Department
The ITB, the evaluation of responses, and the award of any resultant contract shall be made in conformance with current County procedures and the State Revised Code.
The mailing address for the issuing officer for sending a bid, asking questions regarding the bid process, technical issues, or the Scope of Service is:
Agency:
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Street Address::
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City, State, Zip Code::
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To the attention of::
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All questions regarding this bid must be presented in writing and e-mailed to::
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All questions regarding this bid must be presented in writing and faxed to::
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Bidders Conference and Registration Process
A Bidder’s Conference will take place at the::
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The purpose of the conference is to answer questions related to the ITB. The Bidder’s Conference is mandatory, and no other opportunity to visit this site will be provided.:
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Bidders interested in submitting bids must register by faxing the registration form document to::
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Bidders interested in submitting bids must register by e-mailing (Bid name should be entered in the subject line of the e-mail) the registration form document to::
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Registration helps ensure that bidders receive all addenda and copies of all questions and answers given.
If the Bidder attempts any unauthorized communication with individuals associated with this project or ITB, the County will reject the Bidder’s bid.
Examples of unauthorized communication are:
Telephone calls
Letters, e-mails or faxes regarding the project or its evaluation prior to the award made to anyone other than the County Department requesting bid
Visits in person or through a third party attempting to obtain information regarding the ITB
Communication being e-mailed, mailed or faxed regarding the legal bid process, technical aspects, requirements or the Scope of Service are to be sent to the County Department,, as identified in Section 5, County Department.
No questions can be received after::
The final responses will be e-mailed or faxed close of business on::
Only Bidders who register for the ITB will receive copies of all questions and answers.
Bidder Disclosures
Bidder certifies that Bidder has no final judgments against it that have not been satisfied at the time of award in the total amount of fifty percent (50%) of the bid amount of this project.
Bidder Examination of the ITB
Bidders shall carefully examine the entire ITB and any addenda thereto, all related materials and data referenced in the ITB or otherwise available, and shall become fully aware of the nature of the request and the conditions to be encountered in providing the requested products, meeting the requirements and performing the requested services.
If the Bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this ITB, it shall immediately notify the Issuing Officer of such error in writing and request clarification or modification of the ITB. Modifications shall be made by addenda issued pursuant to Section 1.5, Addenda to ITB. Clarification shall be given by e-mail to all parties who registered without divulging the source of the request. All Bidders who plan to submit a bid must register as described in Section 5 - County Department and Section 6 - Registration Process.
If a Bidder fails to notify the County prior to (Deadline for Receiving Final ITB – Questions) of an error in the ITB known to the Bidder, or if an error that reasonably should have been known to the Bidder, the Bidder shall submit its bid at the Bidder’s own risk, and if awarded the contract, the Bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.
Addenda to ITB
Any addenda to this ITB will be issued by the County Issuing Officer by fax or e-mail to all Bidders who have registered using the procedure previously mentioned in Section 6, Bidders Conference and Registration Process of the ITB.
Availability of Funds
This ITB is conditioned upon the availability of general, or county funds, which are appropriated or allocated for payment of the proposed goods or services. If, during any stage of this ITB process, funds are not allocated and available for the proposed services, the ITB process will be cancelled. County will notify the Bidder at the earliest possible time if this occurs. County is under no obligation to compensate Bidder for any expenses incurred as a result of the ITB process and County will incur no liability whatsoever due to the cancellation of such process.
SUBMISSION OF BID
Preparation of Bid
Bids must include a straightforward, concise delineation of qualifications, capabilities, and experience to satisfy the requirements of the ITB. Expensive binding, colored displays, promotional materials, graphics etc. are not necessary or desired.
Bidders are encouraged to submit their bids on recycled paper and to use double-sided copying. Emphases must be concentrated on conformance to the ITB instructions, responsiveness to the ITB requirements, completeness, and clarity of content.
Bidders responding to the ITB must complete all forms and attachments. Incomplete submissions by Bidders will be rejected.
All bids submitted shall become the property of the County to use or, at its option, return. All bids and associated documents will be considered to be public information and will be open for inspection to interested parties after contract is awarded unless identified as trade secret or otherwise exempted from disclosure under the State Public Records Act.
Trade secrets or otherwise exempted information must be clearly identified and marked as such in the bid. Each page containing such material must:
Be placed in a sealed envelope.
Must have the basis for non-disclosure status stamped or written in the upper right hand corner of the page and the envelope.
Be placed in the required order of the response format.
DO NOT MARK EVERY PAGE OF YOUR BID AS TRADE SECRET OR OTHERWISE EXEMPTED FROM DISCLOSURE OR YOUR BID MAY BE REJECTED.
It will be the Bidders’ sole responsibility to legally defend the actions of the County for withholding Bidder’s documents as trade secret or otherwise exempted information if the issue is challenged.
Bid Cost
The cost of developing bids is entirely the responsibility of the Bidder and shall not be chargeable to the County under any circumstances. The Bidder must certify that the bid and pricing will remain in effect for the duration specified. All materials submitted in response to the ITB will become the property of the County and may be returned only at the County’s option and at the Bidder’s expense.
False or Misleading Statements
Bids which contain false or misleading statements, or which provide references that do not support an attribute or condition contended by the Bidder, may be rejected. If, in the opinion of the County, such information was intended to mislead the County, in its evaluation of the bid and the attribute, condition, or capability, the bid will be rejected. Bidders who mislead the County by providing demonstrations with products, features or services that are not included in their bid will have their bid rejected.
Bidder Representative’s Signature
An individual who is authorized to contractually bind the Bidder shall sign the bid. The signature must indicate the title or position the individual holds with the Bidder. Entities, which sign contracts in the name of the Bidder, must provide the name of a corporate officer for signature validation by the County. Any and all unsigned bids will be rejected.
Delivery of Bids
Bidders must mail or deliver 4 original copies of the entire sealed bid to the County Commissioners at:
Please enter proposal due date/time.
Deliver Bids no later than:
Sealed bids must be delivered prior to the time of the bid opening or they will be rejected. Bidder is solely responsible for the timely delivery of their bid. All bids must reference PROJECT. The cost sheet issued with the bid may not be altered.
Bids received after the deadline will not be considered. No telegraphic, facsimile, or telephone bids will be accepted. If mailed, the Bidder should use certified or registered U.S. mail, UPS, DHL, or Federal Express.
It is absolutely essential that Bidders carefully review all elements in their final bids. Once opened, bidders cannot alter their bid; however, the County reserves the right to request information or respond to inquiries for clarification purposes only.
Acceptance and Rejection of Bids
The County reserves the right to:
Award a contract received on the basis of individual items, or on the entire list of items
Award contract based on amount of Initial Term or on the Initial Term plus Optional Renewal Year(s)
Award or not award any portion of a contract
Award a contract to multiple Bidders
Reject any or all bids, or any part thereof
Waive any informality in the bids.
Eliminate conditions or terms that are not in the best interest of the County and its residents.
The County makes no representations or guarantees as to any minimum amounts being purchased by the County or if the County will purchasethrough this ITB.
Evaluation and Award of Contract
Preliminary Bid Review:
The review process will be conducted in two (2) stages. Stage 1 will consist of a preliminary review to ensure that the bid materials adhere to the minimum requirements (and mandatory conditions) specified in the ITB and that all required forms are properly completed. Bids which successfully complete the first stage will be deemed “Compliant.” Those which do not complete the first stage will be deemed “Non-Compliant.” “Non- Compliant” bids will be placed in the inactive file.
Partial submissions or bids submitted after the designated deadline will be determined to be non-compliant and will be deemed “Non-Compliant.”
Stage 1 Review
Bidders are required to submit bids in accordance with Section 5 of this ITB. All bids will be initially reviewed by the Issuing Officer to ensure that the bid meets the requirements for submission set forth in this ITB (i.e. timeliness, number of copies, formatting, inclusion of bond and forms, etc.). If a bid is deemed by the Issuing Officer as meeting all such requirements, the bid shall be reviewed and evaluated in accordance with the evaluation criteria set forth in this ITB (Stage 2). At any time during the evaluation process, the County may request additional information from the Bidder. Such information requests and Bidder’s responses must always be in writing. Information may be requested from sources outside the bid document.
Bids which do not meet all of the above Stage 1 review submission requirements will be deemed “Non-Compliant” and will not be reviewed for Stage 2.
Stage 2 Review
All “Compliant” bids will be reviewed, evaluated and rated. Comparisons among or between bids that are not appropriate will not occur. At any time during the evaluation process, the County may request additional information from the Bidder. Such information requests and Bidder’s responses must always be in writing. Information may be requested from sources outside the bid document.
All information obtained will be used in conjunction with the data from Stages 1 and 2 to make a final selection.
The evaluation will include, but will not be limited to:
Overall responsiveness, viability and completeness of the bid as well as the likelihood that, in the County’s opinion and in the County’s discretion, the bid best meets or exceeds the County’s specifications.
Bidder references.
The criteria for the Stage 1 review.
Completeness of all forms.
Information in the Executive Summary.
Personnel Qualifications.
Distinguishing Characteristics.
The Cost of the Proposed Products, Services and Goods.
Any other facts considered relevant by the County and demonstrated by the bid or investigation by the County, including but not limited to: the financial stability of the Bidder; fiscal and technical capability of providing the services required by the County; the Bidder’s history, if any, of defaulting on a project and history of litigation.
Preference will be given to Bidders that, to the extent practicable, use and cause all of its contractors and subcontractors to use State products, materials, services and laborin connection with the Project.
Experience with a similar project of comparable size and scope.
Samples will be evaluated (if applicable):
Ability to meet requirements, functionalities, products and services set forth in section 4 of this ITB.
Ability to meet the timelines and deadlines set forth in Section 4 of this ITB.
Bidder’s inclusion of exceptions to this ITB which do not result in rejection of the bid.
Bid Selection
Bid selection does not guarantee a contract will be awarded. The selection process includes:
All bids will be evaluated in accordance with Section 2.7, Evaluation and Award of Contract. The bid is rated based on the criteria in the ITB.
Based upon the results of the evaluation, the County will select a Bidder(s) who it determines to be the lowest and best bidder(s) meeting all required specifications.
The County will work with the Bidder(s) who was selected as the lowest and best Bidder to finalize the details of the contract document. The lowest and best determination will be made based on the initial years pricing and all available options to renew. If a Bidder does not bid all of the renewal options, the County will not consider the bid.
If the County and the Bidder are able to successfully finalize the contract document details, the County Department will recommend the Bidder(s) to the County Administrator for a contract award. The County Administrator may make a recommendation to the Board of County Commissioners for the final award of a contract.
If the County determines that the County and the Bidder are unable to successfully come to terms regarding the contract, the County reserves the right to terminate contract discussions with the Bidder(s). The Purchasing Department will not recommend the Bidder(s) to the County Administrator. In this event, the County reserves the right to select another Bidder(s) from the bid process, cancel the ITB, or reissue the ITB if this is deemed necessary.
TERMS AND CONDITIONS
The contents of the ITB and the commitments set forth in the selected bids shall be considered contractual obligations, if a contract ensues. Failure to accept these obligations may result in cancellation of the award.
All legally required terms and conditions shall be incorporated into final contract documents with the selected Bidder. The final contract will also contain additional provisions other than those that are set forth in this Section 3.0.
The ITB and the Bidder’s bid shall be included as part of any resulting contract. Should there be any inconsistencies between the incorporated documents the order of controlling document shall be: first, the Contract Agreement; second, the ITB; and third, the Bidder’s bid.
All deviations or exceptions from the ITB in the Bidder’s bid must be listed and clearly explained under a special section identified as “Deviations and Exceptions to ITB”.
Type of Contract
The evaluation of bids submitted in response to this ITB may result in the issuance of a contract. The contract shall incorporate the terms, conditions, and requirements of the ITB, the Bidder’s bid, and all other agreements that may be reached.
If the Bidder proposes a different type of approach, it must describe the contractual protection offered to ensure successful completion of the project. If the Bidder proposes a multi-Bidder or sub-contract approach, clearly describe the responsibilities of each party and the assurances of the performance the Bidder offers.
The successful Bidder’s bid, this ITB, and other applicable addenda will become part of the final contract and will merge into the contract.
Contract Period, Funding and Invoicing
Contract reimbursement is based on successful completion and approval of all equipment and services over the period of the contract. The Bidder can claim payment only for good and services already satisfactorily provided. Payment by the County is made within thirty (30) days after verification and acceptance of invoices presented by the Bidder along with any required documentation.
Confidentiality and Security
Any Bidder or contractor engaging in any service for the County requiring them to come into contact with confidential County information will be required to hold confidential such data made available to them.
County Employees: Selected Bidder warrants that, for the duration of the contract and all amendments or renewals, the Bidder will not solicit County employees to work for Bidder.
Insurance Requirements: (may change based upon what type of bid)
GENERAL CONDITIONS
Bidder’s Insurance Provisions
During the Agreement and for such additional time as may be required, Bidder shall provide, pay for, and maintain in full force and effect the insurance outlined herein for coverage at not less than the prescribed minimum limits covering Bidder’s activities, those activities of any and all subcontractors or those activities anyone directly or indirectly employed by Bidder or subcontractor or by anyone for whose acts any of them may be liable.
Certificates of Insurance
Before starting work, Bidder shall give the County a certificate of insurance completed by Bidder’s duly authorized insurance representative certifying that at least the minimum coverage required herein is in effect; specifying the form that the liability coverage’s are written on; and, confirming liability coverage’s shall not be cancelled, non-renewed, or materially changed by endorsement or through issuance of other policy(ies) of issuance without thirty (30) days advance written notice to:
County Office:
Please enter proposal due date/time.
Address:
Please enter proposal due date/time.
City, State, Zip Code:
Please enter proposal due date/time.
To the attention of:
Please enter proposal due date/time.
Each policy required by this clause, except worker’s compensation and professional liability, shall endorse “the Board of County Commissioners of the COUNTY and its officials, employees, agents, and volunteers” as an additional insured. The additional insured endorsement shall be on an ACORD or ISO form.
The Bidder shall furnish the COUNTY Risk Manager and the County Department with a Certificate of Insurance describing the insurance specified under the agreement. The certificate shall be provided on an ACORD 25 form or equivalent. The Bidder shall furnish the COUNTY Risk Manager and the County Department with a copy of the Worker’s Compensation Insurance Certificate if it is not described in the ACORD 25 insurance certificate.
Failure of the County to demand such certificate or other evidence of full compliance with these insurance requirements or failure of County to identify a deficiency from evidence provided shall not be construed as a waiver of Bidder’s obligation to maintain such insurance.
The acceptance of delivery by County of any certificate of insurance evidencing that the required coverage and limits does not constitute approval or agreement by the County that the insurance requirements have been met or that the insurance policies shown in the certificates of insurance are in compliance with the requirements.
The County shall have the right, but not the obligation, of prohibiting the Bidder or its subcontractor(s) from conducting business with the County until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by the County.
If Bidder fails to maintain the insurance as set forth herein, the County shall have the right, but not the obligation, to purchase said insurance at Bidder’s expense. Alternatively, the Bidder’s failure to maintain the required insurance may result in termination of this Agreement at County’s option.
If any of the coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with Bidder’s final invoice.
All certificates of insurance shall reference the project/contract number for which the insurance is being provided.
Insurer Qualifications
To the extent feasible, all insurance shall be provided through companies admitted to do business in the State of Ohio. Insurance policies provided by companies not admitted to do business in the State shall be reviewed by the COUNTY Risk Management Director. Each company shall minimally have an A.M. Best rating of A-: VII. In addition, certified copies of all insurance policies or amendatory endorsements required shall be provided to the County within ten (10) days of Bidder’s written request for those copies.
Insurance Primary
All coverage required of Bidder shall be primary over any insurance or self-funded program carried by the County. Any insurance or self-insurance maintained by the County shall be excess of the Bidder’s insurance and shall not contribute to it.
No Reduction or Limit of Obligation
By requiring insurance, the County does not represent that coverage and limits shall necessarily be adequate to protect Bidder. Insurance effected or procured by Bidder shall not reduce or limit Bidder’s contractual obligation to indemnify and defend County for claims or suits which result from or are connected with the performance of this Agreement.
Additional Insured
To the extent commercially available , the policy or policies providing insurance as required, with the exception of professional liability (if applicable) and workers’ compensation, shall defend and include the Board of County Commissioners, COUNTY and its officials, officers, employees, agents, and volunteers as additional insureds on a primary basis for work performed under or incidental to this Agreement. The form of the Additional Insured endorsement shall be the most recent edition of Insurance Services Office CG 20 10 (Form B) or its equivalent. If any of the Additional Insureds have other insurance applicable to the loss, it shall be on an excess or contingent basis. The amount of Bidder’s insurance shall not be reduced by the existence of such other insurance.
Severability of Interests
Bidder shall require all insurance policies in any way related to the goods or services provided under this Agreement and secured and maintained by Bidder to include a severability provision or an endorsement waiving “cross claim exclusion between insureds” verbiage contained therein. Bidder shall require of subcontractors, by appropriate written agreements, similar waivers are included in subcontractor’s insurance policies.
Duration of Coverage
All required coverage shall be maintained without interruption during the entire term of this Agreement. The products and completed operations coverage under the Commercial General Liability policy shall maintain coverage for the entire term of this Agreement, plus an additional two (2) years, following final acceptance of the product(s) or the service(s) by the County.
Continuous Operation
Bidder’s general liability insurance policy must be endorsed to reflect the fact that County and any tenants shall continue to operate business activities of Bidder and that no property used in connection with County and tenants’ activities shall be considered by Bidder’s insurance company as being in the care, custody, or control of Bidder.
Retroactive Date and Extended Reporting Period
If any insurance required herein is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage shall be no later than the commencement date of the project. Further the policy shall state that in the event of cancellation or non-renewal, claim discovery period or “tail coverage” shall be 1 year beyond the cancellation date.
Subcontractor’s Insurance
Bidder shall cause each subcontractor contracted by Bidder, under this agreement to purchase and maintain insurance of the types specified below. When requested by the County, the Bidder shall furnish copies of certificates of insurance evidencing coverage for each subcontractor.
Joint Ventures
If Bidder is a joint venture involving two (2) or more entities, then each independent entity shall satisfy the limits and coverage specified here or the joint venture shall be the Named Insured under each policy specified.
Waiver of Subrogation
Bidder shall require all insurance policies in any way related to the work and secured and maintained by Bidder to include clauses stating each underwriter shall waive all rights of recovery, under subrogation or otherwise, against the County. Bidder shall require of subcontractors, by appropriate written agreements, similar waivers each in favor of all parties enumerated in this section.
Cooperation
Bidder and County agree to fully cooperate, participate, and comply with all reasonable requirements and recommendations of the insurers and insurance brokers issuing or arranging for issuance of the policies required here, in all areas of safety, insurance program administration, claim reporting and investigating, and audit procedures.
Adjustment of Losses
Any County’s first party loss insured under the policies required herein shall be adjusted by Bidder and County, as their interest may appear, and made payable to County as trustee for the insured’s as their interest may appear, subject to the requirements of any applicable mortgagee clause. The County, as trustee, shall have the power to adjust and settle any loss with the insurers unless one of the parties in interest objects in writing within five (5) days after the loss to County’s exercise of this power. If such objection is made, an arbitrator mutually acceptable to the parties in interest and the County shall be chosenpromptly.
The County, as trustee, shall in such case make settlement with the insurers in accordance with the directions of such arbitrator. If distribution of the insurance proceeds by arbitration is required, the arbitrators shall direct such distribution.
Replenishments of Limits
At Bidder’s expense, all limits must be maintained at all times due to claims on this project or any other project. Failure to do so may result in cancellation of this Agreement at the County’s sole discretion. If Bidder fails to renew, replace or replenish the coverage required, County may do on Bidder’s behalf and deduct the cost from Bidder’s payments.
Insurance Limits and Coverage
To the extent applicable, the amounts and types of insurance shall conform to the minimum terms, conditions, and coverage of Insurance Service Office (ISO) policies, forms, and endorsements.
If Bidder has any self-insured retentions or deductible under any of the following minimum required coverage, Bidder must identify on the certificate of insurance the nature and amount of such self-insured retentions or deductible and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductible shall be Bidder’s sole responsibility.
Commercial General Liability
Bidder shall maintain commercial general liability insurance covering all operations by or on behalf of Bidder on an occurrence basis against claims for personal injury (including bodily injury and death) and property damage (including loss of use). Such insurance shall have these minimum limits and coverage:
Minimum Limits:
$1,000,000 each occurrence
$2,000,000 general aggregate
$2,000,000 products and completed operations aggregate
$100,000 fire liability
Coverage
Equivalent to most recent ISO commercial general liability form ISO CG 0001
Products and completed operations coverage maintained for at least two (2) years
Blanket contractual liability
Broad form property damage
Severability of interest
Personal injury
Waiver of subrogation
Joint venture as named insured (as applicable)
Additional insured endorsement
Automobile Liability
Bidder shall maintain business auto liability covering liability insurance arising out of any auto (including owned, hired, and non owned autos) assigned to or used in performance of the work contemplated under this Contract. The policy shall be at least as broad as the current version of the ISO CA 00 01 form.
Minimum Limits
$1,000,000 per occurrence
$2,000,000 in the aggregate
Coverage
Additional insured endorsement
Specific waiver of subrogation
Contractual liability
Worker’s Compensation
Bidder shall maintain workers’ compensation and employer’s liability insurance.
Minimum Limits
Worker’s compensation-statutory limit meeting the requirements under the laws of STATE
Employer’s liability
$1,000,000 bodily injury for each accident
$1,000,000 bodily injury by disease for each employee
$1,000,000 bodily injury disease aggregate
Umbrella/Excess Liability
Bidder shall maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described in Commercial General Liability insurance, and Business Automobile Liability insurance, which is at least as broad as each and every one of the underlying policies.
The amounts of insurance required in this section General Liability, Business Auto Liability and Umbrella/Excess Liability may be satisfied by Bidder purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified in General Liability, Business Auto Liability and Umbrella/Excess Liability when added together.
Minimum Limits
$3,000,000 combined single limit and aggregate limit.
Coverage
Additional insured endorsement
Pay on behalf of wording
Concurrency of effective dates with primary
Blanket contractual liability
Punitive damages coverage (where not prohibited by law)
Aggregates: apply where applicable in primary
Care, custody, and control-follow form primary
Drop down feature
Specific waiver of subrogation
Self Insured Retention $10,000
DEBARMENT AND SUSPENSION
Bidder will, upon notification by any federal, state, or local government agency, immediately notify the County of any debarment or suspension of Bidder being imposed or contemplated by the federal, state or local government agency. Bidder will immediately notify the County if it is currently under debarment or suspension by any federal, state, or local government agency.
REQUIREMENTS AND SPECIFICATIONS
If for some reason the Bidder believes the Bidder can offer the County a better price by submitting pricing for a term other than what was specified, the Bidder must fax or e-mail a timely question to the issuing agent asking that County modify the term of the ITB.
This does not mean that the Bidder’s request will be granted to amend the ITB. County will carefully consider all requests and will have the right to reject any request it considers to not be in its best interest.
Bidders wishing to submit bids are encouraged to utilize the question and answer period available during the bid process to make certain that the County receives the best possible pricing.
Bidders who submit bids with pricing in a manner other than what was established for the bid will be disqualified.
Example: If County asks for pricing for one (1) year with four (4) optional one (1) year renewal terms and Bidder proposes a (1) one year contract, the bid will be disqualified and will be rejected. In this same regard, if County asks for pricing for an initial term of one (1) year with four (4) optional one (1) year renewal terms and Bidder proposes a five (5) year contract term, the bid will be disqualified and will be rejected.
BID FORMAT AND EVALUATION PROCESS
To expedite and simplify the process for evaluating bids, and to assure each bid receives the same orderly review, it is required that all bids be submitted in the format as described in this section. Bids must contain all the elements of information specified without exception.
Bid sections must be numbered corresponding to the following format
Section 1: Cover Sheet
Sheet 2: Cost Sheet / Line Items
Sheet 3: Executive Summary
Sheet 4: Required Forms Section
Sheet 5: Bidder References
Sheet 6: Personnel Qualifications Section
Sheet 7: Distinguishing Characteristics
Section 1 – Cover Sheet/Bid Bond
State the bid name and date. See page 2 of this ITB regarding Bid Bonds.
Section 2 – Cost Sheet/Line Items
The cost sheet must be filled out in its entirety. Bids submitted with escalations and/or footnotes indicating changes or negotiations in price may be disqualified.
Section 3 – Executive Summary
Provide the following information relative to the company
Location of Company – Provide the address for the company’s headquarters or name (if applicable). Include a contact name, address, and phone number) of the Bidder’s local office physically closest to the City of :
Please enter proposal due date/time.
Bidder’s Primary Business – State the company’s primary line of business, the date established, the number of years of relevant experience, and the number of employees.
Company History – Provide a brief history of Bidder’s organization. State briefly the programmatic and administrative experience qualifying the Bidder to perform the proposed services. Include the Bidder’s mission statement, philosophy of service, and any special qualifications.
History of Default or Litigation – Provide detailed history if the Bidder has ever defaulted on a contract or had a contract prematurely terminated, or if there are any legal actions currently against them or anticipated to be against them, and describe the reasons for such actions. Further, the Bidder shall provide if it has initiated any legal actions against an entity with whom Bidder has entered a contract for service or supplies.
Section 4 – Required Forms
All questionnaires and all bid forms must be filled out in their entirety and included in this section.
The required forms are listed below and are attached
Registration Form
Proposal or Bid Form
Personal Property Tax Form
Warranty Unresolved finding
Bid Guaranty
Contractor Certification (if applicable)
Questionnaire (if applicable)
Cost Sheet (Attachment A)
Section 5 – Bidder References
The Bidder must list at least three (3) references* for whom products/services were sold/provided similar in nature and functionality to those requested by COUNTY. Bidders must list all COUNTY Departments for whom products/services were received within the last 5 years.
Each reference must be accompanied by
Company Name
Address
Phone Number, E-mail and Fax Number
Contact Person
Nature of Relationship and Service Performed
Time Period of Contract
* If references cannot be provided, explain why
Section 6 – Personnel Qualifications
For key personnel who will be working on the project, please submit resumes with the following (Available electronically):
Proposed Role
Job Description
Industry Certification(s) and EducationalBackground
Work History
Personal Reference (company name, contact name and phone number, scope and duration of project)
Section 7 – Distinguishing Characteristics
Bidders are encouraged to identify their services’ distinguishing characteristics, which should be reviewed. These characteristics may be beyond the scope of this project if the Bidder deems they would provide value to the long-term goals of the County.
Section 8 – Contract Terms
Bidders will find a sample contract into which they will be expected to enter.
SECTION 1 - COVER SHEET (Template)
only .pdf
Please enter proposal due date/time.
SECTION 2 - COST SHEET/LINE ITEMS (Template)
only .pdf
Please enter proposal due date/time.
SECTION 3 - EXECUTIVE SUMMARY (Template)
only .pdf
Please enter proposal due date/time.
SECTION 5 - BIDDER REFERENCES (Template)
only .pdf
Please enter proposal due date/time.
SECTION 6 - PERSONNEL QUALIFICATIONS (Template)
only .pdf
Please enter proposal due date/time.
SECTION 7 - DISTINGUISHING CHARACTERISTICS (Template)
only .pdf
Please enter proposal due date/time.
SECTION 8 - CONTRACT LANGUAGE (Template)
only .pdf
Please enter proposal due date/time.
DESCRIPTION OF WORK
only .pdf
Please enter proposal due date/time.
PROJECT REQUIREMENTS – GUIDELINE SPECIFICATIONS
only .pdf
Please enter proposal due date/time.
APPENDIX
only .pdf
Please enter proposal due date/time.
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