HomeMy WebLinkAboutTerms and Conditions06/29/06 10:09 FAX 904 630 1182 PROCUREMENT & SUPPLY
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BID SPECIFICATIONS
FOR '
PRICE AGREEMENT CONTRACT FOR
PARK AND PLAYGROUND EQUIPMENT
TERMS AND CONDITIONS
SCOPE:
The purpose of this bid invitation is to establish a firm, fixed percentage discount from manufacturer's and/or bidder's current catalog
price list for the purchase cif various park and playground equipment requested by the Department of Parks, Recreation,
Entertainment and Conservation, City of Jacksonville, Florida. Additionally, this bid invitation shall also establish a fum, fixed
percentage of manufacturer's and/or bidder's current catalog price list, after applying the above requested discount for purchase, for
the installation of various park and playground equipment requested by the Department. It is understood that current catalog price
lists are subject to change; however, percentages shall remain fixed. No extra charges or compensation will be allowed for
installation.
RESPONjtiILITK:
Bidder shall be responsible for all labor, materials, equipment, supervision, oil -loading. storage, and installation, of all park and
playground equipment ordered, unless otherwise specified by the City of Jacksonville, Florida. The City may elect in certain
circumstances to purchase only materials and have those materials installed by others (e.g., volunteers). These items will be shipped
to a designated location and off-loaded by the bidder or bidder's representative.
OUALIFICATIO_N O1BIDO S:
If a bidder utilizes a sub -contractor installer(s) for any park or playground equipment,
it must submit a list of its sub -contractor installcr(s) with this bid. Additionally, it shall
supply WRITTEN FACTORY/MANUFACTURER CERTIFICATION that it, or its sub -contractor installer, is an authorized installer
certified to install playground equipment as required by each manufacturer. Failure to complete this requirement of the bid proposal
may result in rejection of its bid.
COMPLIANCE WITH SPECIFICATIONS:
Bid only on items that meet spccilications. Bid only a single offering for each bid item. Do not bid multiple offerings or "alternates."
Bid only on forms supplies, using ink or typewriter. All cons:ctions must be initiated. Bid only ncw, unused material_
CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS:
Each bidder shall submit with this bid at no charge two (2) sets of each current catalog as well as current MSRP list for each catalog
submitted. All catalogs and/or MSRP lists shall clearly identify the bid number and the bidder's name, address, and telephone
number. Additionally, each bidder awarded an option year renewal of this contract will submit at no charge two (2) sets of each then
current catalog as well as current MSRP list for eacb catalog submitted, within 30 days of award of an option year renewal.
COMPLIANCE WITH LAWS AND CODES:
Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal
safety regulations_ The following publications (issue in effect on date of invitation to bid) shall form a part of this specification:
A. American Society for Testing and Materials (ASTM):
ASTM-F1487 Standards Methods of testing Playground Equipment for
Public Use.
ASTM-F1292 Standards Methods for testing various surfacing materials
to determine their "critical height" (the tall height
below which a life threatening head injury would
not be expected to occur).
Copies may be obtained from American Society for Testing and Materials, 100
Barr Harbor Drive, West Conshohocken, PA 19428,
B. Consumer Product Safety Commission (CPSC) — printed Handbook for Public
Playground Safety. Copies may be obtained from U.S. Consumer Product
Safety Commission, Washington, D.C. 20207.
C, National Playground Safety institute (NPSI) — identification of 12 leading causes
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of injuries on playground. Copies may be obtained from Notional Recreation
and Park Association, 2775 South Quincy Street, Suite 300, Arlington, VA 22206.
D. Americans with Disabilities Act (ADA) Regulations far Title Ill, Appendix A,
Standards for Accessible Design, issued by the Department of Justice. Copies may be obtained by calling (800) 514-030].
Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items supplied in response to this
bid) contained in its bid meet all Federal and State requirements, Upon completion of installation of play equipment and/or
playground surfacing, bidder shall Furnish to the City of Jacksonville a certificate so stating the equipment/surfacing and its
installation meet all Federal and State requirements as outlined in the above publications.
Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient in any of the
aforementioned requirements in effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance
shall be borne by the bidder.
AWARD;
Multiple awards will be made to any and all responsive and responsible bidders_ There is no guarantee arty purchase order will be
issued after award. Purchase orders will be issued subject to availability of finds.
INVQ,CING:
Invoices will be issued once supplies are shipped and delivered to our using agencies. At a minimum, invoices must include:
Purchase Order number, Item Number and Description, date of ahipmcnt, quantity ordered, unit price, unit of measure, and a total for
all purchases. The vendor will work with the Procurement and Accounts Payable Division to determine mutually agreeable
alternatives to invoicing such es; summary Billing Reports or Electronic Data Interchange (EDI). Standard payment terms are Net 30
Days.
TERMS OF CONTRACT:
The Price Agreement Contract for Park and Playground Equipment will be from June 1, 2006 through May 31, 2007, with two (2) one
(1) year renewal options_
Renewal option(s) are at the discretion of the City based on the successful bidder(s) performance and adherence to the terms,
conditions and requirements in maintaining firm percentagc(s) for the following year(s), within 30 days of contract expiration, All
percentages will remain firm for the period of each contract year.
STATE CONTRACTS:
The City is entitled to purchase from contracts established by the State of Florida_ Should the State establish a contract for item or
items on Ihis bid, the City reserves the right to cancel this contract in whole or in part and purchase those item(s) from the State
contract, if in its best interest_
METHOD OF ORDERING:
The City of Jacksonville may generate a Request For Quotation (RFQ), on an "as needed" basis, for park and playground equipment
for individual projects, together with a request for additional services required to complete that project (see sample "Request For
Quotation" sheet attached to these specifications). The City reserves the right to send such RFQ to any or all awarded bidders. Thr
RFQ can define a project exactly (number and specific type of equipment required), or the RFQ can describe a desired end result,
allowing the bidder to design the park or playground site.
Alter generating an RFQ for a project, and before bidder's submission of its quotation in response to the RFQ, the City will require
requested biddcr(s) to attend a site visit with City personnel to familiarize the bidder(s) with the Site and determine additional services
that may be required to complete the project. Such services may include, bul ere not limited to, sidewalk and/or concrete work,
borders, site clearing, site work and restoration, fill, drainage pipe laying, etc. Bidders will be responsible for the accuracy of all fixed
measurements.
The bidder's quotation in response to the RFQ must contain each (tithe following:
▪ A detailed breakdown of the cost for the entire project, All equipment quoted shall be on a component basis, listing each
component part number and current component MSRP. Descriptions of additional services required, together with their price,
shall also be listed, such as freight charges, sidewalk and/or concrete work, site clearing, site work and restoration, fill, drainage
pipe laying, borders, etc.
* Names of any and all subcontractors on the project, together with their designated work and costs. It is understood the bidder
remains responsible for project completion and acceptance by the City_ The City reserves the right to reject any quotation in
response to an RFQ if said quotation names a subcontractor who has, in the sole opinion of thc Cily, previously failed in the
proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perfonn
properly under this award.
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• A date certain by which the project must be completed.
• Include an updated catalog, if needed, and updated MSRP lists for the park and play equipment specifically quoted.
The City will generate purchase orders as a result of approved "Request For Quotations" submitted, et the sole discretion of the City.
The City reserves the right to not award to any, or to go outside the contract to award.
JRQMOTIONAL PRICING:
During the contract period, bidders will extend any pricing offered on a 'promotional" basis from the manufacturer to the City. It will
be the bidder's responsibility to monitor said items and report any that are or will be offered at lower prices.
i.{L .$. POINT t'FRJ!,IGNTZ:
On any Request For Quotation, the City will indicate the exact installation point. The bidder must then set freight charges, offering
E.O.B. delivered. This price will be indicated on any purchase order issued. Bidders are responsible for supplying all labor, materials,
and equipment requited for the off-loading and placement of items as directed at all delivery locations, without the assistance of City
of Jacksonville personnel. Additionally, bidder will arrange for and be responsible for any storage of materials and equipment
received.
PERMITS. FEESAND NOTIFICATIONS:
It shall be the bidder's responsibility to secure and pay for any and all permits that may be required to accomplish the work
associated with thc performance of these Bid Specifications. The City will not honor any request for payment of permits.
PAYMENT:
Price agreement contracts will be issued only to the vendor/manufacturer who submitted an awarded bid proposal. No split order
payments separating equipment vendor payment from installer payment will be issued by the City of Jacksonville. Payment for
installation charges will be the responsibility of the bidder. Payment for both equipment and installation will be made only upon
completion of the entire scope of work and subsequent acceptance by the City of Jacksonville.
WARRANTY:
The successful bidder shall fully warrant, in writing within 30 days of final acceptance by City, all furnished or furnished/installed
equipment to be free of defects in materials and/or workmanship for a period of at least one (I) year from date of installation and
acceptance by City ofJacksonviIle. Successful bidder shall repair and/or replace, at no additional cost to City of Jacksonville. any
defects or malfunctions noted during the warranty period. in addition, successful bidder shall transfer any manufacturer's guarantee to
the City, in writing within 30 days of final acceptance by City, for supplier/installer furnished equipment extending beyond this
contract period.
SUPERVISION:
A bidder job supervisor/representative will be on the work site at all times and be thoroughly knowledgeable of the materials, job
requirements, plans, specifications and installation functions.
JOB COMILJTION:
Bidder/contractor/installer will be responsible for all materials received and signed for from date of order to completion of job
installation.
Bidder/installer will be responsible for clean up and removal of all debris resulting in job completion, leaving work site in neat and
orderly fashion at the cnd of each workday, Additionally, bidder/installer will be responsible for restoring the work site to its original
condition at the completion of the project.
RESP9JlS1BLJTY FOR DAMAGES AND PRESERVATION OF PROPERTY:
The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way affected by the work being
performed. This applies to private property as well as public property end all utilities which may exist within the work area_ Any
damage occurring to such items by bidder shall be immediately repaired or replaced to a condition at least equal to that which existed
prior to the damage. All costs incurred for repair or replacement shalt be borne by bidder. Any damages not repaired or replaced by
the bidder within ten (10) calendar days from notification will be fixed by the City or its contractor, and the cost shall be paid by the
bidder or deducted from their invoice.
VIOLATIONS/DEFAULT:
In the event thc awarded bidder(s) should violate any provisions of this bid, such bidder will be given written notice stating the
deficiencies and given ten (10) days to correct deficiencies found. The City reserves the right to terminate any contract at any lime
due to any violation.
In the event the awarded hidder(s) should breach this contract, the City reserves the right to seek all remedies in law and/or in equity.
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Failure of an awarded bidder to adhere to completion dales defined in its Rcquest for Quotation may result in no further awards being
madc to such bidder under this Price Agreement Contract.
CORRECTIONS MADE BY BIDDER:
Bidders arc cautioned not to obliterate, erase, or strike ovcr any printed material as set forth in this bid invitation. In quoting prices,
whether unit prices or total price, wherever bidders have made an error, or has corrected it, any and all such corrections should be
initialed by the person signing the bid cover sheet. Failure to comply with this provision may result in rejection of bid.
GENERAL CONDITIONS:
Signature on bid form verifies that the bidder is acquainted with the general conditions contained herein and will comply with all
specifications, terms and conditions contained in this bid invitation.
INSURANCE. WORKER'S COMPENSATION:
The contractor shall take out and maintain during the life of this agreement, worker's compensation insurance for all of his employees
connected with the work of this project and, in case any work is sublet, the contractor shall require the subcontractor similarly to
provide worker's compensation insurance for all of the latter's employees unless such employees are covered by the protection
afforded by the contractor_ Such insurance shall comply fully with the Florida worker's compensation law. 1» case any Class of
employees engaged in hazardous work under Ibis contract at the site of the project is not protected under the workmen's compensation
statute, the contractor shall provide, and cause each sub -contractor to provide, adequate insurance, satisfactory to the purchaser, for the
protection of his employees not otherwise protected, The awarded vendor must submit a copy of an insurance certificate naming the
City as additional insured no later than ten (10) days after the award has been made.
COOPERATIVE PURCHASES:
This is a cooperative purchase contract, State law allows any government agency and any accredited school in the state to buy off this
contract without going to bid, as long as it does not conflict with any of (heir local regulations.