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13THE CITY OF PLEASANT LIVING TO: FROM: Via: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager December 15, 2015 Agenda Item NO.:jJ Quentin Pough, Director of Parks & Recreation A Resolution authorizing the City Manager to replace existing shade covers at Murray Park and to purchase new poolside shade structures from Apollo Sunguard Systems, Inc. through a piggyback agreement from the Clay County, Florida RFP No. 13/14-8 for an amount not to exceed $37,417.92 Please accept this memo and the attached information as a request for approval to replace two (2) existing shade covers at Murray Park and to procure and install four (4) new single-post, hexagon shade structures at Murray Park Aquatic Center from Apollo Sunguard Systems, Inc. The existing shade covers located at Murray Park are worn out and need to be replaced in order to provide protection· from the sun. City staff is currently reviewing warranty info from the previous vendor, Mega Awning Inc. for possible cost savings. Should replacement of the existing shade covers be available through the warranty program, the City will not expend the funds allocated herein for that portion of the purchase. Acquisition of new shade covers will allow us to better serve our residents and provide a more safe and healthy environment for our participants. The new shade covers would give the option of shade to reduce the risk of heat related illnesses and improve the comfort of the spectators. Presently, there are no fabricated shade areas on the pool deck and minimal natural shade to provide patrons protection from the sun at Murray Park Aquatic Center. The proposed shade structures are two 18' diameter and two 20' diameter features with a 10' elevation and can withstand 105 mph wind load with the cover on and 170 mph wind load with the cover off. Non-prorated warranty information can be found in the attached documents titled Non- Prorated Warranty Shade Structures & Shade Sails. Competitive proposals were sought from three (3) different sources of supply; Apollo Sunguard Systems, Inc. was the lowest and most responsive vendor. Moreover, this project can be completed under the city's allocated capital improvement budget of $50,000. Said purchase will be made through a piggyback agreement from the Clay County, Florida RFP No. 13/14-8. Sout~iami THE CITY OF PLEASANT LIVING VENDORS & PROPOSAL AMOUNT: EXPENSE: FUND & ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Please find below a breakdown of all submitted proposals: , 01' ~ VENDORS PROPOSAL AMOUNT SHADE-5HAPE Apollo Sunguard $37,417.92 HEXAGON ." PLAYMORE RECREATIONAL PRODUCTS $42,270 HEXAGON & SERVICES SITE HORIZONS $42,445 HEXAGON Amount not to exceed $41,159.72. To account for any unknown factors that may arise, a $3,741.80 or 10% contingency over the proposal of $37,417.92 is requested. The vendor will receive a purchase order in the amount of $37,417.92 The expenditure shall be charged to the Parks and Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of $381,128 before this request was made. Resolution Apollo Sunguard Systems, Inc. Proposal Apollo Sunguard Systems, Inc. Non-Prorated Warranty Notice of Intent to Award, Clay County, FI Fully Executed Piggyback Agreement Proposal: Playmore Recreational Products & Services Proposal: Site Horizons, LLC. 1 RESOLUTION NO.: _________ _ 2 A Resolution authorizing the City Manager to replace existing shade covers at Murray 3 Park and to purchase new poolside shade structures from Apollo Sunguard Systems, 4 Inc. through a piggyback agreement from the Clay County, Florida RFP No. 13/14-8 for 5 an amount not to exceed $37,417.92 6 WHEREAS, the existing shade covers (2) located at Murray Park are worn out and need 7 to be replaced in order to provide players and spectators protection from the sun; and 8 WHEREAS, there are no fabricated shade areas on the pool deck and minimal natural 9 shade at the Murray Park Aquatic Center to provide patrons protection from the sun; and 10 WHEREAS, the proposed shade structures are 18' (2) and 20' (2) in diameter with a 10' 11 elevation (in-ground installation) and can withstand 105 mph wind load with the cover on and 12 170 mph wind load with the cover off; and 13 WHEREAS, the new shade structures would give the option of shade to reduce the risk 14 of heat related illnesses and improve the comfort of the spectators at Murray Park Aquatic 15 Center; and 16 WHEREAS, the purchase will be made through a piggyback agreement from the Clay 17 County, Florida RFP No. 13/14-8, which contains a number of vendors who are authorized to 18 sell park and playground equipment to Clay County, Florida; and 19 WHEREAS, competitive bids were sought from at least three (3) different sources of 20 supply listed in the award made by Clay County, Florida through responses to its RFP No. 13/14- 21 8; Apollo Sunguard Systems, Inc. was on the Clay County list of vendors and it was the lowest 22 and most responsive vendor selected from Clay County, Florida RFP No. 13/14-8 bidders list. 23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 24 CITY OF SOUTH MIAMI, FLORIDA THAT: 25 Section 1. The City Manager is authorized to expend an amount not to exceed 26 $37,417.92 to Apollo Sunguard Systems, Inc. for the purchase and installation of two (2) new 27 replacement shade covers at Murray Park and four (4) new single-post, hexagon shade 28 structures at Murray Park Aquatic Center. The City Manager is also authorized to expend 10% 29 or $3,741.80 in the event that any unknown conditions arise that would warrant a change 30 order. The total expenditure shall be charged to the Parks and Recreation Capital Improvement 31 account number 301-2000-572-6450, which has a balance of $381,128 before this request was 32 made. 33 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is 34 for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 35 shall not affect the validity of the remaining portions of this resolution. 36 Section 3. Effective Date. This resolution shall become effective immediately upon 37 adoption by vote of the City Commission. 38 39 40 41 42 PASSED AND ENACTED this __ day of _____ -', 2015. 43 44 45 46 47 48 49 50 ATIEST: CITY CLERK READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATIORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: UI8P U20P · \\.1\ Ii , <.,'\'" -,--,'::-> ~~I~ ~YMJ ~e/nnovt'ltors 4487 A Ashton Road, Sarasota, FL 34233 Ph: 941·925·3000 Fx: 941·925·3001 NAME/ADDRESS Aquatic Center at Gibson Bethel 5800 SW 66 Street South Miami, FL 33143 TERMS Net 15 ITEM DESCRIPTION 18' Diameter x 10' H BreezeBrella Quick & Easy Turnbuckle Tensioning 170 mph wind load with cover off 105 mph wind load with cover on Powder Coat Color· TBD Fabric Cover Color -TBD Direct Imbedment 20' Diameter x 10' H BreezeBrella Quick & Easy TUlnbuckle Tensioning 170 mph wind load with cover off 105 mph wind load with cover on Powder Coat Color· TBD Fabric Cover Color ~ TBD Direct Imbedment Post Pads. Custom Post Pads Post Size R 511 o'n. Height· 6' Thickness ~ 1 3/8" Color· TBD REP KKIDC Shade Cloth willa", SHADE CLOTH with cable aod new hardware (12' x 25') 300 sq, ft, @4.lS/sq. ft. Fully bound with reinforced corners. Fabric Cover Color -TBD Subtotal Clay County, FL RFP NO, 13/14·8 We are a State of Florida Certified Minority Business Enterprise THIS PROPOSAL IS VALID FOR 30 DA YS FROM THIS DATE. Page 1 PROPOSAL DATE PROPOSAL # 12/2/2015 206517 You Can Feel The Dlfference/ FOB PROJECT Sarasota, FL Pool Shades DTY UNIT PRICE TOTAL 2 5,034.00 10,068.00 2 5,034.00 10,068.00 4 325.00 1,300,00 2 1,245.00 2,490,00 23,926.00 ·8,00% ·1,914,08 TOTAL ACCEPTED BY: " \\ 1\ /1 " ArP~~/'iMJ ~OvatolS 4487 A Ashton Road, Sarasota, FL 34233 Ph: 941-925-3000 Fx: 941-925-3001 NAME/ADDRESS Aquatic Center at Gibson Bethel 5800 SW 66 Street South Miami, FL 33143 ITEM Revised Subtotal TERMS Net 15 DESCRIPTION Sealed ProfDrawi.,. Sealed Engineering Drawings & Ca1culations (Site Plan/Survey required) REP KKIDC - Includes Installation Includes Foundation Work, Erection, Excavation & Removal of Spoils and Debris'" 01< Assumes normal site conditions, no other site work to be performed. Not responsible for Wlderground obstructions, diversion of utility lines or irrigation systems. Freight -Shade Str ... Freight to Zip Code 33143 Shipping Current shipping time is 35~45 days after receipt of order. TERMS NET 15 FROM DATE OF INVOICE" *Accounts exceeding 30 days from invoice date will be billed fmance charges at the rate of 1.5% per month of unpaid balance due with a minimum $25.00 charge We are a State of Florida Certified Minority Business Enterprise THIS PROPOSAL IS VALID FOR 30 DAYS FROM THIS DATE. Page 2 PROPOSAL DATE PROPOSAL # 12/2/2015 206517 You Can Feel The D{fferencel FOB PROJECT Sarasota, FL Pool Shades QTY UNIT PRICE TOTAL -- 22,Oll.92 2 750.00 1,500.00 13,200.00 13,200.00 706.00 706.00 TOTAL $37,417.92 ACCEPTED BY: NON·PRORATED WARRANTY Shade Structures & Shade Sails Apollo Sunguard Systems, Inc. warrants that all shade structures sold will conform in kind and quality to the published specifications, and wJII be free of defects in workmanship and materials. As a further indication of our quality, Apollo Sunguard provides a non-prorated framework and fabric warranty as detailed below: Apollo Sunguard provides a 20 year non-prorated warranty on the structural integrity of the steel framework against all structural damage due to corrosion, deterioration, or workmanship. A one year non-prorated warranty is provided on all powder coat finishes. Owner is responsible for routine maintenance to preserve the finish and welded joints. This consists of spot painting any points of corrosion if, in the unlikely event any should occur (regardless of cause); and to keep connected hardware properly secured. Failure to provide routine maintenance will void the warranty. Warranty constitutes restoring or replacing of any defective part. Apollo Sunguard provides a 15 year non-prorated warranty on all Sunguard Shade Cloth H DPE fabric covers against deterioration, rot, cracking, faulty workmanship, and seam (thread) failure resulting from ultraviolet (UV) exposure, mold or mildew. The warranty excludes fading or failure of fabric due to chemical erosion or flying/falling objects. In cases where certain fabric colors have been discontinued, Apollo Sunguard reserves the right to offer the owner a choice of available colors to replace the warranted fabric of the discontinued color. Apollo Sunguard does not warrant that any particular fabric color will be available for any period of time and reserves the right to discontinue any color for any reason at any time without recourse by the owner of the discontinued color. The owner Is responsible for routine maintenance of the fabric, which includes proper cable tensioning and cleaning the cover to maintain color vibrancy. This is particularly critical in regions where dirt/sand may cause abrasion of fabric. Do not use chemicals to clean the fabric. Damage caused by the use of chemicals voids the warranty. Failure to provide routine maintenance will void the warranty. Warranty constitutes restoring or replacing of any defective part. Removal of labels will void the warranty. All vertical side panels, curtains and valances are not covered under warranty. IGENERAl The warranty set forth shall be the purchaser's sole and exclusive warranty. No other warranty is Implied. The warranty is void if the structure is not installed in strict compliance with Apollo Sunguard specifications. Warranty commences on the date of the invoice. No signs, objects, fans, light fixtures, etc. may be hung from or attached to the structure unless specifically engineered or approved by Apollo Sunguard. Apollo Sunguard shade structures are designed to eliminate friction between the framework and fabric. The warranty is void if any changes, modifications, additions or attachments are made to the structure without written consent of Apollo Sunguard. The warranty is void if damage to the framework or fabric is caused by misuse, willful or intentional damage, vandalism, accident, and Act of God (i.e. hurricane, tornado, earthquake, micro/macroburst), including but not limited to ice, snow, hail, or wind In excess of applicable building code parameters as stated on the general notes of the engineered drawings. In the event of a storm, the cover should be removed and stored in a safe, secure, climate-controlled area. Apollo Sunguard reserves the right to restore or replace any parts covered by the warranty. The warranty is a parts-only warranty and does not include transportation or labor for the removal of the defective part or installation of any replacement part. Replacement parts wJII be warranted for the remainder of the original warranty. A one year non- prorated warranty is provided on all cabling, hardware, post pads, and vinyl logos. To submit a warranty claim, send a written description detailing the defect, along with the original invoice number, to Apollo Sunguard Systems, Inc., 4487 A Ashton Road, Sarasota, FL 34233 or email this detailed information to pat@apollosunguard.com. Copyright © 2015 Apollo Sunguard Systems, Inc. 4487 A Ashton Road, Sarasota, FL 34233 800-319-1010 ApolloSunguard.com BOARD OF COUNTY COMMISSIONERS CLAY COUNTY, FLORIDA REQUEST FOR PROPOSALS RFP No. 13/14-8, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS DUE DATE: Monday, January 6, 2014-4:00 pm OPEN DATE: Tuesday, January 7, 2014 -1:00 pm Issued By: Clay County Board of County Commissioners Purchasing Division TABLE OF CONTENTS RFP #13/14-8, Various Equipment And Amenities For Parks And Playgrounds Request for Proposal Advertisement .............................................................................. 3 -5 Request for Proposal Instructions ................................................................................. 6-12 Specifications ............................................................................................................... 13-17 Bid Forms ..................................................................................................................... 18-21 Certification Regarding Debarment ................................................................................... 22 No Bid Statement ............................................................................................................... 23 Procedures for Bid Opening ................................................ , ............. " .................. " .... , 24-35. Attaclnnents: FormW-9 2 REOUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN that sealed proposals will be received until 4:00 P.M., Monday, January 6, 2014, at the Clay County Administration Building, 4th floor, Reception Area, 477 Houston Street, Green Cove Springs, Florida 32043, for the following: RFP #13/14-8, Various Equipment And Amenities For Parks And Playgrounds Proposals will be opened at 1:00 P.M" or as soon thereafter as possible, on Tuesday, January 7, 2014 in the Clay County Administration Building, Conference Room "B", fourth floor, 477 Houston Street, Green Cove Springs, Florida, in the presence of the Purchasing Department staff and all other interested persons. The opened Proposals will be read aloud, examined for conformance to specifications, tabulated, and preserved in the custody of the Purchasing Department. The Budget, Finance and Human Services Committee of the Board will present its recommendations to the Board of County Commissioners as soon thereafter as possible. Proposals will not be valid unless received by the proposal deadline and in a sealed envelope marked "RFP #13114-8, Various Equipment And Amenities For Parks And Playgrounds" to be received until 4:00 P.M., Monday, January 6, 2014. Envelopes are to be sent or delivered in person to the above address. No postal mail will be accepted. During the bidding process, all prospective proposers are hereby prohibited fi'om contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The ,violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator, and the foregoing instructions shall so state (as specified in Section P of Chapter 8 of the Purchasing Manual attached hereto). The no-contact rule set forth shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided for in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. For information conceming procedures for responding to this Bid, contact the Purchasing Division, Donna Fish by email donna.fish@claycountygov.com or at (904) 278-3761. The County reserves the right to waive formalities in any response, to reject any or all responses with or without cause, to waive technical and non-technical or non-material defects in the solicitation or submittal of any responses, including the lack of availability of adequate funds, regulatory agency requirements, to make award in part or completely, and/or to accept the response that, in its judgment, will be in the best interest of the County of Clay. Bid proposals in which the prices obviously are unbalanced will be rejected. 3 FOLLOWING THE BID OPENING AND TABULATION, A "NOTICE OF INTENT TO AWARD BID" OR A "NOTICE OF REJECTION OF ALL BIDS" WILL BE POSTED ON THE INTERNET AT: www.claycountygov.comlIlepartmentslPurchasingldecisionbids.htm. llHIS WEB PAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY'S WEBSITE AT: www.claycountygov.com BY FOLLOWING THE "NOTICE OF INTENT BIDS" LINK UNDER THE "BUSINESS" ROLLOVER BUTTON ON THE COUNTY'S HOMEPAGE. NO 01lHER NonCE WILL BE POSTED. PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE, A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY'S PURCHASING POLICY, IF REQUIRED FOR THIS SOLICITATION, OR THE FAILURE TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8. (N), OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY'S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY'S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS SOLICITATION REQUIRES A BID BOND, SUCH PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE INQUffiY. A person or affiliate who has been placed on the convicted vendor list foHowing a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, f110rida Statutes, for CAllIlGClRY llWCl for a period of 36 months from the date of being placed on the convicted vendor list. """"""""""""""""""""""""""""""""""""""""""""I1~l) Clf1~ClllIC;I1""""""""""""""""""""""""""""""""""""""""" 4 BID ADVERTISEMENTS SCHEDULE RFP #13/14-8, Various Equipment And Amenities For Parks And Playgrounds (CLAY TODAy) For publication on: November 28, 2013 (CLAY COUNTY WEBSITE) For: November 28, 2013 PLEASE SEND ORIGINAL INVOICE AND PROOF OF PUBLICATION TO: Clay County Board of County Commissioners Purchasing Department 477 Houston Street Green Cove Springs, Florida 32043 ATTENTION: Donna Fish .. ~ County Manager 5 REQUEST FOR PROPOSAL INSTRUCTIONS RFP #13/14-8, Various Equipmeut And Amenities For Parks And Playgrounds 1. Delivery and Receipt of Bids: All sealed Proposals submitted shall be received by the Purchasing Division of Clay County, Florida. Proposals submitted in person or by courier services will be received at: Clay County Administrative Building Fourth Floor, Reception Area 477 Houston Street, Greeri Cove Springs, Florida 32043 Four copies of the Proposal must be received in a sealed envelope. Proof of liability insurance, fonn W-9 taxpayer identification number, and bid infonnation shall be included with all responses submitted. The words RFP #13/14-8, 'Various Equipment And Amenities For Parks And Playgronnds' shall be clearly marked on the front and back of the envelope containing the Bid. 2. Due Date and Opening Date: Proposals will be received by carrier or in person until Monday, January 6, 2014 at 4:00 p.m. and will be opened on Tuesday, January 7, 2014 at 1:00 p.m. or soon thereafter, in the Clay County Administration Building, 477 Houston Street, Conference Room "B", Fourth Floor, Green Cove Springs, Florida. Bids will be reviewed by Clay County as soon thereafter as possible. A. All Proposals will be "clocked" at the time they are received to indicate the time and date of receipt. B. Proposals WILL NOT be accepted in person after the time and date specified. C. Proposals received by carrier WILL NOT be accepted if they are received after the time and date specified regardless of the postmark or circumstances. D. No postal mail will be accepted. 3. Withdrawal of RFP: Proposals may be withdrawn by a writteri or faxed request by the Bidder and received by the Manager of the Purchasing Division before the date and time for receiving Proposals has expired. Negligence on the part of the Bidder in preparing a Proposal is not grounds for withdrawal or modification of a Proposal after such Proposal has been opened by the County. Bidders may not withdraw or modifY a Proposal after the appointed Bid Opening. Bidders may not assign or otherwise transfer their Proposals. 4. Inquiries/Qnestions: Any questions regarding this Proposal must be directed to Donna Fish (the authorized contact person) via email atdonna.fish@claycountygov.com (preferred method) or by calling (904) 278-3761. Written inquiries/questions must be received by December 18, 2013. Responses to questions, clarifications, and addenda will be distributed to potential Bidders by email. It is the responsibility of interested Bidders to verify if this infonnation has been issued prior to submitting a Bid. 6 5. No Contact Period: During the Bidding process, all prospective Bidders are hereby prohibited from contacting (1) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (2) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this 11lle shall result in the automatic disqualification of any Bid submitted by the violator, as specified in Section P of Chapter 8 of the Clay County Purchasing Manual. Exceptions: The no-contact 11lle set forth shall not apply to inquiries submitted to the authorized contact person, the pre-bid conference, or to formal presentations by finalists to the Board of County Commissioners or to the County's evaluation committee. 6. Award: The Bid will be awarded to the responsible Bidder(s) submitting a Bid determined to provide the best value to the County with price, technical, and other applicable factors considered. The County reserves the right to award to multiple bidders. The County reserves the right to request any additional information from Bidders after Bid Opening and before award as may be necessary to assist in review and evaluation of any Bid prior to submittal of a recommendation for award to the Board of County Commissioners. 7. Waiver of Formalities/Rejection of Bids: The County reserves the right to waive informalities in any Bid, to reject any or all Bids with or without cause, to waive irregularities/technicalities, and waive technical and non-technical or non-material defects in the Bid document or submittal of any Bid. The County reserves the right to malce award either in part or completely, and/or to accept the Bid that, in its judgment, will be in the best interest of the County. Bids in which the prices obviously are unbalanced will be rejected. The County reserves the right to reject any and all Bids and to re-advertise for all or any part of this solicitation as deemed in its best interest. 8. Cancellation of Bid: Clay County reserves the right to cancel a solicitation at any time prior to approval of the award. The decision to cancel a solicitation cannot be the basis for a protest under the formal protest process as referenced herein. 9. No Bid: Each company not intending to respond to this Bid should reply with a written "No Bid Statement". Such action will maintain the company on the appropriate active Bidder solicitation list. Three (3) failures to respond to solicitations may result in deletion from the Bidder solicitation list. 10. Bid Errors: Where Bid forms have erasures or corrections, each erasure or con'ection must be initialed in ink by the Bidder. In case of unit price Bid items, if an error is committed in the extension of an item, the unit price as shown in the Bid response will govern. Errors between any sum, computed by the Bidder, and the conect sum thereof will be resolved in favor of the correct sum. Any discrepancy between words and numbers will be resolved in favor of the written words. 11. Deviations: Bidders are hereby advised the County will only consider Bids that meet the specifications and other requirements imposed upon them by this Bid document. In instances where a deviation is stated in the Bid Form, said Bid will be subject to rejection by the 7 County in recognition of the fact that said Bid does not meet the exact requirements imposed upon the Bidder by the Bid or Contract documents. 12. Bid Protests: Any company affected adversely by the County's decision may file with the County Purchasing Division a "Notice of Protest" in writing within 72 hom's after the posting of the recommended award. Failure to file a written Notice of Protest shall constitute a waiver of proceedings under Chapter 8 (N) of the Clay County Purchasing Policies. Failure to file a written petition initiating a fonnal protest proceeding within the time frame and in the manner prescribed in Section 8. (N) of said policy shall constitute a waiver of the right to protest the Bid solicitation, any addendum thereto, or the Bid award recommendation or decision, and to initiate a fonnal protest proceeding under said policy. The County's Purchasing policy may be viewed at the County's website by following the appropriate links from the Homepage. 13. Public Entity Crimes: Pursuant to Section 287 . 133 (2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid for a Contract to provide any goods or services to a public entity, may not submit a Bid for a Contract with a public entity for the constmction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perfonn work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. By submitting a Bid, Bidder attests that they have not been placed on the "Convicted Vendor List". Debarment: By submitting a proposal, the proposer certifies that it is not currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is cmTently debarred from submitting proposals for contracts issued by any subdivision or agency of the State of Florida. 14. Laws and RegUlations: The Bidder shall comply with all laws and regulations applicable to provide the goods andlor services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods andlor services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire proj ect and Contract. 15. Copyright Restrictions: Both the County seal and the COlmty logo are being registered for a copyright. Neither the Clay Cmmty seal nor the logo may be used or provided to non-Clay County government users for use on company Bids, presentations, etc. 16. Indemnification: The awarded Bidder shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or 8 intentionally wrongful conduct of the company and other persons employed or utilized by the company in the performance of the Contract. The provisions of Florida Statute 768.28 applicable to Clay County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of propeliy, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the County acting within the scope of his/her office or employment are subject to the limitations specified in this statute. No officer, employee or agent of the County acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any or damage suffered as a result of any act, event, or failure to act. The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 17. Insurance Requirements: Prior to commencement of the project, the awarded Bidder shall provide the County Purchasing Division with proof of the following insurance: a. Commercial General Liability 1. General Aggregate 2. Products and Completed Operations Aggregate 3. Personal and Advertising Injury 4. Each Occurrence 5. Fire Damage (anyone [lIe) 6. Medical Expense (anyone person) b. Automobile Liability 1. Any automobile-Combined bodily injury/ property damage, with minimum limits for all additional coverages as required by Florida law c. Workers CompensationlEmployers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident b. Disease-Policy c. Disease-Each Employee $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 $1,000,000 $ 100,000 $ 500,000 $ 100,000 d. Professional Liability when required by Contract-per occurrence $ 1,000,000 The awarded Bidder must maintain insurance coverage at the above-prescribed levels through the date of completion of the proj ect and such coverage must include all independent Contractors and Subcontractors. Either prior to, or simultaneously with the execution of the Contract, the awarded Bidder must deliver certificates of insurance for the required insurance 9 coverage to the County naming "Clay County, a political subdivision of the State of Florida, the Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear" as "Additional Insured." Said certificates of insurance shall also include a thirty-day prior written notice of cancellation, modification or non- renewal to be provided to the County. 18. Performance and Payment Bond Requirements: PerfOimance and Payment Bonds are not required for projects of $200,000.00 or less. Prior to conrrnencement of a project exceeding $200,000.00 , the awarded Bidder shall file a 100% Performance Bond and Payment Bond (using Clay County's Standard Form) with the Office of the Clerk of Circuit Court, Recording Dept./Room 130, 825 North Orange Avenue, Green Cove Springs, Florida 32043- 2525. A copy of the Performance and Payment Bonds shall be provided prior to the commencement of construction to Clay County Purchasing Division, PO Box 1366, Green Cove Springs, Florida 32043-1366. Performance and Payment Bonds must be increased in accordance with any change order increases on the project. 19. Bid Preparation Costs: By submission of a Bid, the Bidder agrees that all costs associated with the preparation of his/her Bid will be the sole resp'Onsibility of the Bidder and shall not be bOine by the County. The Bidder also agrees that the County bears no responsibility for any costs associated with the preparation of their Bid and/or any administrative or judicial proceedings resulting from the solicitation process. 20. Contractor Qualifications and Requirements: At the time of Bid Opening, all Bidders must be certified or registered pursuant to Chapter 489, Florida Statutes, or hold a Clay County certification under Article III of Chapter 7 of the Clay County Code, as applicable, at the time of submitting a Bid. All Bidders must submit evidence of current state celtification or registration, or County certification, as applicable, prior to award of this Bid. The following licensing requirements shall apply when the applicable Florida statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. a. State of Florida, Department of Professional Regulation, Construction Industries Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work. b. Said licenses shall be in the Bidder's name as it appears on the Bid Form. Bidder shall supply a copy of each applicable license showing the appropriate license numbers, with expiration dates as reqnired by the County. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the Bid and/or telmination of the Contract. c. Subcontractors Contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County. Said license must be in the name of the subcontractor. 10 The following licensing reqmrements shall apply when applicable (Contractor PrequaIification): Florida Law and Rules of the State of Florida, Department of Transportation, reqmre contractors to be prequalified with the Department in order to bid for the performance of road, bridge, or public transportation construction contracts greater than $250,000.00. The Contractor Prequalification process results in the issuance of a Certificate of Qualification for each successful applicant which lists the approved work classes and the Maximum Capacity Rating in dollars. It is the responsibility of potential bidders to review the requirement and meet the qualifications listed at: http://www.dot.state.fl.us/cc- adminlPreQual Info/pregualified.shtm. Contractors not meeting the applicable work types associated with the scope of the work may utilize subcontractors to assist with meeting the requirement of all necessary prequalification work classes. The County shall have the right to review the references, experience of assigned personnel, and qualifications of the Contractor in order to make the final determination of acceptability of the Contractor to be awarded the Contract and construct the work. The Board of County Commissioners may reject, at its sole discretion, any Bidder the Commission finds to lack, or who's present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The Commission's finding may be based on any of the following factors: the disclosure required herein, the County's own investigation, public records, or any other reliable source of information. The Commission may also rej ect any Bidder failing to make the disclosure reqmred herein. By submitting a Bid, Bidder recognizes and accepts that the Board of County Commissioners may rej ect any Bid at its sole discretion and the Bidder waives any claim it might have for damages or other relief arising from the rejection of its Bid or resulting directly or indirectly from the rejection of its Bid based on these grounds or fi'om the disclosure of any pertinent information relating to the reasons for rejection ofits Bid. 21. Subcontractors: The County reserves the right to approve all Subcontractors for this Contract. If Subcontractors are to be utilized, their names and references must be included by completing the Subcontractor form if provided within this Bid. Responsibility for the performance of the Contract remains with the main Contractor exclusively. After the commencement of the project, subcontractors may be added or modified during the Contract period only with prior written permission from the County, and only for reasonable cause, as judged by the County. 22. Interpretation of Plans and Specifications: No interpretation of the meaning of the plans, specifications, or other Contract documents will be made to any Bidder orally. Every request for interpretation should be in writing addressed to the Purchasing Division. To be given consideration, such requests must be received no later than December 18, 2013. 11 Any and all such interpretations and any supplemental instructions will be in the form of a written addendum. All Addenda issued shall become part of the Bid and Contract documents, and receipt must be acknowledged on the Bid Form, or by completion of the applicable information on the Addendum and submitting it with their Bid. Failure to acknowledge Addenda which have no effect on the competitive nature of the bidding process may be a waiveable deviation at the County's sole discretion. 23. Execution of Contract and Notice to Proceed: The awarded Bidder may be required to sign a written Contract. Said Contract will evidence in written form the agreement between the parties. 24. All payments made under this Bid will be made in accordance with the Local Government Prompt Payment Act; in effect, not later than 45 days from receipt of proper invoice. 12 Bid Specifications for Price Agreement Contract RFP #13/14-8, Various Equipment And Amenities For Parks And Playgrounds (As provided by Parks and Recreation Division) SCOPE: The purpose of this bid invitation is to establish a firm, fixed percentage discount from manufacturer's andlor bidder's current catalog/supply/product information price list for the purchase of various equipment and amenities for parks and playgrounds as requested by the Clay County Division of Parks and Recreation. Additionally, this bid invitation shall also establish a firm, fixed percentage of manufacturer's andlor bidder's current catalog/supply/product informatiou price list, after applying the above requested discount for purchase, for the installation of various equipment and amenities for parks and playgrounds as requested by the Clay County Division of Parks and Recreation. It is understood that bidder's current catalog/supply/product information price list are subject to change; however, percentages shall remain fixed. No extra charges or compensation will be allowed for installation above and beyond what has already been presented in your bid. If the bidder offers specialized catalogs, the catalogs must be . submitted separately from any other catalog.offered by the bidder. This bid is also a means for qualifYing vendors for Ball Park lighting services. QualifYing vendors will be requested to provide pricing on a project by project basis as defmed in the method of ordering section of this bid. The qualified vendor(s) providing the lowest responsive quote will be awarded the project. RESPONSIBILITY: Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and installation, of various equipment and amenities for parks and playground equipment 01' amenities ordered, unless otherwise specified by the County. The County may elect, in celtain circumstances, to purchase only materials and have those materials installed by others (e.g., volunteers. County staff). These items will be shipped to a designed location and off-loaded by the bidder or bidder's representative. OUALIFICATION OF INSTALLERS: If a bidder utilizes a sub-contracted installer for any park or playground equipment, a list of sub- contracted installers must be included with their bid. Additionally, the bidder must supply WRITTEN FACTORYIMANUFACTURER CERTIFICATION that its installer, or its sub-contracted installer, is an authorized installer, certified to install varions equipment and amenities for parks and playground equipment as required by each manufacturer. Failure to complete this requirement of the bid proposal may result in the rejection of their bid. COMPLIANCE WITH SPECIFICATIONS: Bid only on items that meet specifications. Bid only a single offering for each bid item. Do not bid multiple offering or "alternates." All corrections will be initialed. Bid only new, 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/supply/product infOlmation price list 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. At time of bid renewal, the vendor shall supply at no charge, two (2) sets of each then current catalog/supply/product information price list as well as current MSRP list for each catalog submitted. 13 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 palt of this specification: A. American Society for Testing and Materials (ASTM): ASTM-FI487 Standards -Methods of testing Playground Equipment for Public Use. ASTM-FI292 Standards -Method for testing various surfacing materials to determine their "critical height" (the fall height below which a life threatening head injury would not be expected to occur) Copies may be obtained from the -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 the -US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 (301) 504-7923 C. National Playground Safety institute (NPS1) -identification of 12 leading causes of injuries on playgrounds. Copies may be obtained from the -National Recreation and Park Association 22377 Belmont Ridge Road Ashbum, VA 20148-4150 (703) 858-0784 D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for Accessible Design, issued by the Department of Justice. Copies may be obtained by calling -(800) 514-0301 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 andlor playground surfacing, bidder shall furnish to the County a certificate so stating the equipment Isurfacing and its installation meet all Federal and State requirements as outlined in the above pUblications. Bidders fUlther certifY that if the product(s) delivered andlor installed are subsequently found to be deficient in any if the aforementioned requirements in effect on date of delivery, all costs necessalY to bring the product(s) and installation into compliance shall be bome by the bidder. 14 AWARD: Perfonnance and payment bonds may be required for specific projects. This requirement is driven by the size and price of each particular job. Vendors will be required to meet this requirement before receiving a purchase order for the project. The County reserves the right to award to mUltiple bidders. There is no gnarantee any purchase order will be issued after award. Purchase orders will be issued subject to availability offunds. lNVOICING: Invoices may be issued once supplies are shipped, delivered andlor installed to the county's satisfaction. At a minimum, invoices must include: Purchase Order Number, Item Number and Description, Date of Shipment, Quantity Ordered, Unit Price, Unit of Measure, and a total for all purchases. Standard payment telms are Net 45 days per the Local Government Prompt Payment Act. TERMS OF CONTRACT: The tenn of bid award for various equipment and amenities for parks and playgrounds will be three (3) years, with two (2) one (I) year renewal options. OTHER CONTRACTS: The County reserves the right to purchase foods, materials, services or supplies from any supplier who supplies such items under an existing active contract. METHOD OF ORDERING: The County may generate a Request for Quotation (RFQ), on an "as needed" basis, for park and playground equipment, ball field lighting and additional services for individual projects, together with a request for additional services required to complete that project (see attached RFQ sample sheet). The County reserves the right to send such RFQ to any or all awarded bidders. The RFQ can define the project exactly or the RFQ can describe a desired end result, allowing the bidder to design the park or playground site. After generating a RFQ for a project, and before bidder's submission of its quotation in response to the RFQ, the County may require requested bidder (s) to atiend a site visit with County personnel to familiarize the bidder (s) with the site and determine additional services that may be required to complete the project. Bidders will be responsible for the accuracy of all fixed measurements. The bidder's quotation in response to the RFQ must contain each of the following: • A detailed breakdown of the cost for the entire project. Descriptions of additional services required, together with their price, shall also be listed. • Names of any and all subcontractors on the project, together with their designated work and costs. It is nnderstood the bidder remaius responsible for project completion and acceptance by the County. The County reserves the right to reject any quotation in response to an RFQ if said quotation names a subcontractor who has, in the sale opinion of the County, previously failed in the proper perf01mance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perfOlID properly under this award. • A date certain by which the project must be completed. 15 • Include an updated catalog, if needed and updated MSRP lists for the park and play equipment specifically quoted. The County will generate purchase orders as a result of approved "Request for Quotations" submitted, at the sole discretion of the County. The County reserves the right to not award to any, or to go outside the contract at lower prices. PROMOTIONAL PRICING: During the contract period, bidders will extend any pricing offered on a "promotional" basis from the manufacturer to the county. It will be the bidder's responsibility to monitor said items and report any that are or will be offered at lower prices. SUPERVISION: A bidder's 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 COMPLETION: Bidder/contractor/installer will be responsible for all materials received and signed for fl.·om 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 end of each workday. Additionally, bidder/installer will be responsible for restoring the work site to its original condition at the completion of the project. RESPONSIBILITY 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 and 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 shall be borne by the successful bidder. Any damages not repaired or replaced by the bidder within ten (10) calendar days from notification will be fixed by the County or its contractor and the cost shall be paid by the bidder or deducted fl.·om their invoice. VIOLATIONSIDEFAULT: In the event the 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 County reserves the right to tenuinate any contract at any time due to any violation. In the event the awarded bidder(s) should breach this contract, the County reserves the right to seek all remedies in law andlor in equity. Failure of an awarded bidder to adhere to completion dates defined by bidder and County may result in no further awards being made to such bidder under this Price Agreement Cont.ract. . 16 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. INSURANCEIWORKER'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. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the worker'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 celtificate naming the County as an additional insured with the following verbiage placed on the certificate no later than ten (10) days after the award has been made. "Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interest may appear." Additional insurance requirements as lisied on pages 9-10 apply. 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 their localregnlations. 17 BID FORM RFP #13/14-8, Various Equipment And Amenities For Parks And Playgrounds Bidder: ____________________________ _ Address: _____________________________ _ City, State andZip:, ________________________ _ Phone: __________ _ Email:, _____________ _ Contact Name(s): _________________________ _ Signature of Bidder MANUFACTURER CATALOGS: Manufacturer: ______________ _ Fixed Percentage Discount offMSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: ______________ _ Fixed Percentage Discount offMSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: ______________ _ Fixed Percentage Discount offMSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: ______________ _ Fixed Percentage Discount offMSRP: Installation (Fixed Percentage of cost after discounts of equipment): 18 RFP #13/14-8, Various Equipment And Amenities For Parks And Playgrounds SUB-CONTRACTOR EOUlPMENT INSTALLERS: Business Name:. ___________________ _ Address: Phone Number: ___________________ _ Contact Name: ___________________ _ Business Name: ___________________ _ Address: Phone Number: ___________________ _ Contact Name: Business Name: ___________________ _ Address: Phone Number: ___________________ _ Contact Name: ___________________ _ Note: Attach vendor/manufacturer WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer(s), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Failm-e to comply with this provision may result in rejection ofbid. 19 WARRANTY INFORMATION FORM MAKE AND MODEL OF EQUIPMENT PROPOSED: ___________ ~ Is there a warranty on the equipment proposed? Yes No Does the walTanty apply to ALL components or only part? (State Explicitly) Parts Warranty Period: _____ _ Service Warranty Period: _______ _ Nearest source for parts andlor service center (s): Name, address and phone number of the authorized service center (s): 1) 2) 3) Name, address and phone number of the authority issuing this warranty: (Manufacturer, Distributor, etc.) COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: ~~ Yes No Name ofBidder:. _________________ _ Signature Title Phone Number 20 Various Equipment and Amenities for Parks and Playgrounds Contract # Request for Quotation Description ofProject ______________________________ _ A site plan (not to scale), along with drawing of proposed amenities, is attached. A mandatory site visit is scheduled for at ____ _ Price Quotation: Manufacturer Item and Page Quantity MSRPUnit Contract Extended Number Price Discount Price Additional Services Required: Description Quantity Unit Price Extended Price Total: "'$ ____ _ List any Subcontractors: 1. Name 2. Address 3. Telephone Number 4. Contact Name 5. Designated Work 6. Subcontractor Cost 21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Form (1) The prospective Vendor, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency. (2) Where the Vendor is unable to certify to the above statement, the prospective Vendor shall attach an explanation to this form. Vendor: By: ______ ~--~------------------- Signature Name and Title Street Address City, State, Zip Date 22 "NO BID" Statement RFP #13/14-8, Various Equipment And Amenities For Parks And Playgrounds If your company does not intend to bid on this procurement, please complete and return this form prior to the date shown for receipt of bids to: Clay County Purchasing Division, Attn: Donna Fish, 477 Houston Street, Green Cove Springs, FL 32043 We, the undersigned, decline to bid on the above referenced invitation to bid for the following reasons: Remarks: Specifications are too restrictive (please explain below or attach separately) Unable to meet specifications Specifications were unclear (please explain below or attach separately) Insufficient time to respond We do not offer this product or service Our schedule would not permit us to perform at this time Unable to meet bond requirements Other (please explain below or attach separately) Company Name: __________ _ Telephone #: ________ _ Signature: _____________ _ Fax #: _________ _ Print Name: _____________ Title: __________ _ Address: _________________________ _ City: ____ ~ _________ _ Zip: ______________ _ 23 CHAPTER 8: PROCEDURES FOR PUBLIC BID OPENINGS (A) Purpose: The purpose of this chapter is to specify procedures for the submittal, receipt, opening and recording of all fonnal bids required by all of the various laws, ordinances, and other procedures and manuals governing the solicitation and awarding of public bids in Clay County, Florida, including but not limited to: a. Section 336.44, Florida Statues (2001). b. Applicable Provisions of Clay County Code. c. Florida Department of Transportation Standard Specifications, most recent edition. (B) Time of Opening: All bids shall be submitted to the Purchasing division, 4th Floor, Clay County Administration Building, 477 Houston Street, Green Cove Springs, Florida, which shall record receipt thereof by date and time on the bid envelope. Upon receipt, the Purchasing division will maintain custody and control of all bid submittals until after they have been opened. The deadline for a particular bid submittal shall be 4:00 P.M., of the Monday immediately preceding the Tuesday upon which the bid is to be opened. No bid shall be opened unless and until proof by publisher's affidavit of pUblication of the bid solicitation is received and filed by the Purchasing division. Bidders and the public are welcomed to attend the opening and all subsequent committee and commission meetings related to the bids. (C) Form of Bid Submittal: All bids shall be submitted in triplicate, (and if applicable only on the fOlIDS provided by the County or its staff). Each bid and its accompanying materials shall be submitted in a single, sealed and opaque envelope. The following items shall be prominently marked on the cover of the envelope by the party making the submittal prior thereto: a. The number assigned to the particular bid solicitation. b. The title ofthe bid exactly as it appeared in the published solicitation. c. The date of the bid opening. (D) Bid Receipt Procedure: The County Manager shall, in cooperation with his or her Department heads and the Purchasing division, assign a specific and discrete number and title to each bid solicitation, which shall be contained in the Request for Bids, the newspaper publication, specifications and the Bid Fonn thereof. Three copies of each request for bid shall be submitted to the Purchasing division for distribution as provided in Section F hereof, and the "Request For Bids" shall be signed prior to publication. (E) Place of Opening: All bids properly submitted shall be opened in a public location so designated in the bid solicitation. (F) Distribution of Copies: Upon the opening of a bid, one copy shall be distributed to the head of the originating department. Purchasing shall submit to the Finance committee of the Board a tabulated list of all bidders and their bids, including bid number, name, staff assigned, a recommendation to include but not be limited to the lowest responsive and responsible bid, or in a proper circumstance the best bid, budget infonnation and alternatives (see Example 3 attached). All staff assigned to evaluate bid and RFP responses shall do so observing all 24 requirements of the Sunshine Law and in meetings noticed at least 72 hours in advance thereof. The Purchasing division shall serve as the permanent record holder for the County Manager. (G) Committee Review, Report and Recommendations: Bids shall be reviewed by the Board's Finance committee following the bid opening. The Committee shonld, in the absence of unusual circumstances, report its recommendation to the Board at the Board's next regularly scheduled meeting, which shall include a tabulated list of all bidders and their bids. In all events, the County Manager shall cause to be spread upon the minutes of the regular meeting of the Board next following the opening of a particular bid, a list of all bidders and their bids. Upon being awarded a bid, and if a contract is entered into with the successful bidder then the County's Standard Addendum and IRS Form W-9, Request for Taxpayer Identification and Certification must be completed. (H) Ineligible Bid: Any bid that does not meet the foregoing requirements for form, time of submittal, number of copies or the specifications advertised will be rejected and the reasons stated therefor; provided that the Purchasing division shall reject and return unopened all bids which do not meet the foregoing requirements for time of submittal, or envelope markings. Bids that do not meet requirements for form will be rejected and declared "No Bid". The Board reserves the power to reject all bids and in its discretion to re-advertise the solicitation. (I) Bid Withdrawal Period: Any bid submitted requires a five (5) percent bond unless waived by the Board prior to solicitation, which cannot be withdrawn for a period of 30 days subsequent to the date of the. bid opening, notice of which shall be incorporated in all requests for bids. As used herein, the term bond shall include cashier or certified checks payable Jo the County. All such checks shall be held by the Finance department for safekeeping immediately upon acceptance of the bid (but not deposited). The Finance department is hereby authorized to return each bond to the submitting party, as soon as practicable, upon written request to the Finance department, but only after a bid and contract have been awarded and executed between the County and the successful bidder for a particular project, or in the event that all bids have· been rej ected by the Board, or in the event the time provided that the bid shall remain in effect shall have expired and the bid submitter requests its return in writing .. (l) Vendors bidding on SHIP rehabilitation projects are exempt from the bid bond requirements delineated in 8(1) above or as may be otherwise stated elsewhere in this policy document. (2) Vendors bidding on commodities price contracts, or any other type of contract that does not commit the Board to an actual exchange transaction (purchase) but rather seeks only a fixed unit price commitment from a vendor in the event a future purchase decision is made, shall be exempt from the bid bond requirements delineated in 8(1) above or as may be otherwise stated elsewhere in this policy document. (J) Bid Addenda: All addenda distributed subsequent to the initial distribution of specifications shall be sent by certified mail/retum receipt requested, said retum receipt to be returned to the Purchasing division identified by bid number. Prior to mailing, a copy of each addendum shall be received by the Purchasing division, provided that no addendum shall be mailed later than five (5) working days prior to the scheduled bid opening date. 25 (K) Bid Tabulation Form: The bid Tabulation Form used at bid openings shall include a place thereon for three witnesses to sign. This procedure will eliminate the need for signing each individual bid at the time of opening, thus requiring the three witnesses to sign only once for each bid number submitted. (L) Authority to Delay Bid Openings: The County Manager is hereby authorized, without seelcing prior approval of the Board in any particular case, to order a delay of any bid opening from its scheduled date and time to a time certain on the agenda of the next regularly scheduled meeting of the Board, or such special meeting called for such purpose. The delay may be ordered at any time prior to the time of the scheduled opening, provided that such order be in writing, addressed and delivered to the Purchasing division with a copy delivered to the County Manager, and that copies thereof be mailed by certified mail, return receipt requested to all responding bidders as soon thereafter as is reasonably practicable. Upon receipt of the order, the Purchasing division shall immediately record the date and time thereof. The Purchasing division shall continue to accept sealed bids up until the applicable deadline. At the date and time originally scheduled for the bid opening, the Purchasing division shall announce the delay order to all in attendance and shall continue to maintain in its custody all properly submitted sealed bids until further order of the Board. At the time certain scheduled before the Board, the County Manager shall present his reason or reasons for the delay order and his recommendation for disposition of bids submitted. The Board may order the bids to be opened then and there, or at some other time and date certain; it may cancel the bid and order the retum of all bids unopened; it may order a further delay of the bid opening; or it may make any other order appropriate to the circumstances. If the bids are ultimately opened, they shall be reviewed as provided elsewhere herein. If a delay occurs as provided herein, then the 30 day withdrawal period as provided in 8(1) shall commence upon the date of the actual bid opening, provided such date is not more than 60 days subsequent to the originally scheduled date. No delay shall be ordered beyond such 60 day period, unless the parties submitting timely bids consent to such delay in writing. In no event is the County Manager authorized to extend the deadline for bid submittals for any particular project, only the bid opening date. (M) Contractor's Insurance Requirement: 1. Any Contractor submitting a bid for any public works project must include, within its initial bid response, proof of the following insurance, in effect continuously from the date of submittal through the 60 days subsequent to the scheduled bid opening date: a. Commercial General Liability 1. General Aggregate 2. Products and Completed Operations Aggregate 3. Personal and Advertising Injury 4. Each OCCUlTence 5. Fire Damage (anyone fire) 6. Medical Expense (anyone person) b. Automobile Liability. 1. Any automobile-Combined bodily injury/property damage, 26 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 $1,000,000 with minimum limits for all additional coverages as required by Florida law c. Workers Compensation/Employers Liability 1. Workers Compensation 2. Employers Liability a. Each Accident b. Disease-Policy c. Disease-Each Employee d. Professional Liability statutory limits $ 100,000 $ 500,000 $ 100,000 1. When required by contract-per occurrence $1,000,000 2. Upon being awarded the bid, the contractor must provide proof that such insurance will be in effect from the date of commencement of the project. The contractor will maintain insurance coverage at the above-prescribed levels through the date of completion of the project and that coverage will include all independent contractors and subcontractors. Either prior to or simultaneously with the execution of the contract, the successful bidder must deliver certificates of insurance for the required insurance coverages to the County naming "Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear" as "Additional Insureds." Said certificates of insurance shall also include a thirty day prior written notice of cancellation, modification or non-renewal to be provided to the County. 3. The Board reserves the right to waive, raise or lower the minimum coverages required for particular projects prior to bid solicitation by affirmative action. The Board will not waive any defects in a bid submittal peltaining to matters under this subsection. (N) Bid Awards and Protests: 1. Both the INSTRUCTIONS and the PUBLISHED NOTICE for every sealed bid solicitation shall include conspicuously the following statements: FOLLOWING THE BID OPENING AND TABULATION, A "NOTICE OF INTENT TO A WARD BID" OR A "NOTICE OF REJECTION OF ALL BIDS" WILL BE POSTED ON THE INTERNET AT: [inseli bid notice web address l ]. THIS WEBPAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY'S WEBSITE AT: [inseli County's homepage address2] BY [insert suitable directions3]. NO OTHER NOTICE WILL BE POSTED. 1 As of the date on which this Purchasing Policy was adopted, the bid notice web address was: http://www.claycountygov.comlDepartmentslFinance/decision_bids.htm. 2 As of the date on which this Purchasing Policy was adopted, the County's homepage address was: http://www.claycountygov.coml. , As of the date on which this Purchasing Policy was adopted, suitable directions would be: "FOLLOWING THE "Notice of Intent Bids" LINK UNDER THE "Business" ROLLOVER BUTTON". 27 PROSPECTNE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURlTY APPROVED UNDER THE COUNTY'S PURCHASING POLICY, IF REQUIRED FOR THIS SOLICITATION, OR THE FAILURE TO FILE A WRITTEN NOTICE OF PROTEST AND TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8.N. OF SAID POLICY, SHALL CONSTITUTE A WANER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY'S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY'S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS SOLICITATION REQUIRES A BID BOND, SUCH PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE INQUIRY. 2. Unless otherwise expressly directed by the Board in its decision on a bid award, immediately following such decision the County Manager shall cause a "Notice of Intent to Award Bid" or a "Notice of Rejection of All Bids" to be posted on the County's website, with the time and date of posting appearing thereon. Notice shall not be posted elsewhere. The notice shall be posted in portable document format or other secure format. 3. The failure on the part of a prospective bidder to include within the sealed bid envelope a proper bid bond or other security approved under this policy, if required for the particular bid solicitation, or the failure by a prospective bidder to file a written notice of protest and to file a written petition initiating a formal protest proceeding within the times and in the manner prescribed in this section shall constitute a waiver of the prospective bidder's right to protest the bid solicitation, any addendum thereto, the Board's bid decision, as applicable, and to initiate a formal protest proceeding hereunder. 4. A prospective bidder is solely responsible for detennining whether a particular bid solicitation requires a bid bond, and for resolving any doubt by making appropriate inquiry. 5. The County Manager shall cause a copy of this policy to be posted on the County's website in portable document format or other secure format. The County Manager shall cause to be established conspicuous and easy-to-follow links to the policy from the homepage. . 6. Any person who is adversely affected by a bid solicitation, by any addendum thereto, or by a bid decision may file with the County Manager a written notice of protest no later than 4:30 p.m. on the third business day immediately following the date notice is published, with respect to a bid solicitation; no later than 4:30 p.m. on the third business day immediately following the date of issuance, with respect to a bid addendum; and within 72 hours after the posting of the 28 notice, exclusive of hours occurring during days that are other than business days, with respect to a bid decision. 7. A formal protest proceeding shall be deemed commenced upon the timely filing of a written petition initiating the same. A written petition initiating a formal protest proceeding must be filed with the County Manager no later than 4:30 p.m. on the tenth calendar day immediately following the date on which the written notice of protest was filed; provided, if the tenth calendar day is not a business day, then the petition must be filed no later than 4:30 p.m. on the first business day immediately following said tenth calendar day. 'The petition must set forth with particularity the facts and law upon which the protest is based. The petition must conform substantially with the requirements for petitions set forth in Rule 28-106.201, Florida Administrative Code. References in this section to a petition shall mean a written petition initiating a formal protest proceeding filed in accordance with this subsection. 8. Any protest of a bid solicitation or bid addendum shall pertain exclusively to the terms, conditions, and specifications contained in a bid solicitation or bid addendum, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract. 9. Upon receipt of a fotmal written notice of protest that has been timely filed, the County Manager shall suspend the bid solicitation or bid award process until the subject of the protest is resolved by final action as specified in this section, unless the County Manager sets forth in writing particular facts and circumstances which require the continuance of the solicitation or award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. Such suspension shall be lifted immediately in the event the protesting party shall have failed to timely file a petition. 10. Intervenors shall be peImitted to participate in the formal protest proceeding in accordance with the procedures governing intervenor practice set forth in Rule Chapter 28-106, Florida Administrative Code, and shall be subject to all limitations provided therein applicable to intervenors. II. In his or her discretion, the County Manager may provide an opportunity to resolve the protest by mutual agreement between the County Manager and the protesting party within 7 calendar days after receipt of a timely petition. Such agreement must be reduced to writing, signed by the County Manager and the protesting party or such party's authorized agent; and submitted to the Board at the earliest opportunity. The agreement shall not be deemed effective unless ratified by the Board. If the Board shall fail to ratify the agreement, then the protest shall proceed to resolution as hereinafter provided. 12. Within 10 business days following the timely filing of a petition, or, if the Board shall have considered but failed to ratify an agreement submitted to it under subsection 11, then within 10 business days thereafter, a hearing shall be conducted pursuant to subsection 13 before a hearing officer, who shall be the County Manager or his or her designee. The County Manager may designate any department head as the hearing officer; provided a depmiment ·head who is substantially involved in or connected with the bid solicitation or bid award process shall be 29 deemed disqualified from serving as the hearing officer, unless such involvement or connection is purely ministerial in nature. 13. All hearings shall be conducted pursuant to written notice to the protesting party, the County Attorney's Office and all intervenors by the hearing officer specifying the time, date and place of the hearing. Particular rules and procedures governing each such hearing are as follows: a. The audio thereof shall be recorded electronically. b. Prior to the hearing only, motion practice may be permitted by the hearing officer in his or her discretion in accordance with the rules governing the same set forth in Rule Chapter 28-106, Florida Administrative Code. All motions shall be ruled upon prior to or at the start of the hearing, except that rulings on motions in limine may be defened to an appropriate time during or after the hearing. c. Prior to the hearing, the protesting patty, the County and all intervenors must confer and endeavor to stipulate to as many relevant and undisputed facts upon which the decision is to be based as may be practicable. Such stipulation must also identify those issues of material fact, if any, that remain in dispute. The stipulation must be reduced to a writing signed by or on behalf of the protesting party, the County and all intervenors, and be submitted to the heat'ing officer at least two business days prior to the hearing. The stipulation may include an appendix comprising documents that shall be deemed admitted and considered as evidence for purposes of the hearing, or refening to tangible items deemed admitted and considered as evidence for purposes of the hearing, which items shall either be presented at the hearing or, if such presentation is impractical, submitted to the hearing officer by graphic, descriptive, representational, photographic, videotape or similar medium properly depicting or characterizing the items. d. The protesting party and all intervenors shall have the right to appear before the hearing officer at the hearing in proper person or through counsel and, as to those issues of material fact, if any, that remain in dispute, as identified in the stipulation, to present relevant testimonial, documentary and tangible evidence, and to be heat'd on the substantive issues bearing on the protest. The County shall be deemed a patty to the proceeding, and the County Attorney or any assistant county attorney may participate in the protest proceeding; appear before the hearing officer, present evidence and be heard on behalf of the County. e. All witnesses shall be placed under oath by the hearing officer prior to testifying, and shall be subject to cross-examination by any hearing participant. f. Heat'say evidence shall be admissible unless the hearing officer shall deteTI"nine the satne to be redlmdant, umeliable or prejudicial. g. At the hearing any hearing participant may offer appropriate at'gument and summation, and submit a written brief and a proposed order, but only after the conclusion of the evidentiat·y portion of the hearing, if any. 30 h. Immediately following the hearing, the County Manager shall cause a written transcript of all testimonial evidence iotroduced at the heariog to be prepared expeditiously based upon the audio recording, and shall provide copies of the same to all of the hearing participants. i. Within 7 business days following the hearing, the hearing officer shall submit a recommended order to the County Manager and serve copies on all hearing participants; provided, if the County Manager is the hearing officer, then within 7 business days following the hearing, the County Manager shall issue a recommended order and serve copies on all hearing participants. The recommended order shall contain findings of fact and, based upon such facts, a disposition of the protest; provided, no finding of fact may be predicated solely upon the basis of hearsay. j. The recommended order shall thereafter be submitted to the Board along with the transcript of the hearing testimony and the entire written and tangible record of the protest proceedings at the earliest opportunity to be considered at a time certaio, with notice thereof served upon the hearing participants. Each of the hearing participants shall be allowed 3 minutes to address the Board regarding the recommended order, unless the Chairman in his or her discretion shall allow additional time. If a hearing participant intends to challenge any fmding of fact in a recommended order that was based upon testimonial evidence, such participant shall be allowed 2 additional minutes for such purpose, and may direct the attention of the Board members to any portion of the transcript relevant to the challenge. The other hearing participants shall each have the right to offer argument in rebuttal to the challenge, and to direct the attention of the Board members to any portion of the transcript relevant to the rebuttal. No testimony or other evidence beyond the record and the transcript shall be presented to the Board. Thereafter the Board shall render its decision on the protest. In so doing the Board shall be bound by the findings of fact in the recommended order that are based upon testimonial evidence, except those for which it upholds a challenge. A challenge shall be upheld only if the findiog of fact is not supported by competent, substantial evidence in the record or in the transcript. Otherwise, the Board shall not be bound by any of the provisions of the recommended order. The decision of the Board shall be reduced to a written order signed by the Chairman, and shall constitute fmal action of the County on the protest. k. The date, type and substance of all ex parte communications between any Board member and a heariog participant, including counsel therefor or any agent thereof, and between any Board member and third party, must be publicly disclosed by the Board member prior to the rendering of the Board's decision. All such communications that are written or received electronically must be filed for the record, and copies thereof provided to each Board member and hearing participant. 14. All proceedings before the hearing officer shall be informal, and customary mles of evidence shall be relaxed. In all respects both the hearing officer and the Board shall observe the requirements of procedural and substantive due process that are the minimum necessary for accomplishiog a fair, just and expeditious resolution of the protest. 31 15. Ex parte communications between a hearing participant and the hearing officer are forbidden. The hearing officer may take such steps as he or she may deem just and appropriate to prevent or sanction attempted ex parte communications, including promptly disclosing the attempted communication, or requiring the offending hearing participant to disclose promptly the attempted communication, to the other hearing participants. Where necessary, the hearing officer may recuse himself or herself, and the subsequently designated hearing officer may order the offending participant to pay for all or any portion of the costs incurred by the County and any other hearing participant strictly as a consequence of the ex parte communication or attempted ex parte communication, else be excluded from further participation. Neither the County Attorney nor any assistant county attorney shall be subject to this subsection or prohibited from engaging in ex parte communications with the hearing officer. 16. The purpose of this policy is to promote fairness and public confidence in the competitive bidding process. To further such end, and except as otherwise specifically provided herein, the substantive law governing the resolution of bid protests found in the decisions of the Florida appellate courts, as well as any statutes or agency rules that may be applicable to the particular bid solicitation, shall guide the hearing officer and the Board in rendering a decision on a bid protest under this section. The significant principles of law governing the bid protest and the resolution thereof, which shall prevail to the extent not otherwise in conflict with any governing statutes or agency rules, are as follows: a. The burden is on the party protesting the award of the bid to establish a ground for invalidating the award. b. The standard of proof for the protest proceeding shall be whether the proposed award was clearly erroneous, contrary to competition, arbitrary, or capricious. c. The proposed award shall be deemed arbitrary or capricious if it is contrary in a material way to any governing statutes, the County's rules or policies, or the bid or proposal instructions or specifications. d. The scope of the inquiry is limited initially to whether the proposed award is improper under the foregoing standard of proof. If and only if the hearing officer first detelmines on the basis of competent and substantial evidence that the proposed award is improper, then the hearing officer may recommend, in accordance with the law and this policy, an alternate disposition for the proposed award. Such disposition may include, but shall not be limited to, rej ecting all bids, or awarding all or a portion of the bid to the protesting party. e. A bid protest proceeding may not serve as a vehicle for the Board to revisit the proposed award absent a detelmination of impropriety as set forth above. 17. By written agreement amongst the protesting party, the County, and all then-existing intervenors, any provision of this section pertaining to the procedures for resolving a protest for which a petition has been timely filed may be modified or waived so long as such modification 32 or waiver shall not hinder or thwart the proper and expeditious resolution of the protest, or otherwise operate to undermine the salutary purposes of competitive, public bidding. 18. Only to the extent necessary to avoid a miscarriage of justice or to prevent a manifest violation of a hearing participant's procedural or substantive due process rights, a hearing officer may modify or suspend the applicability of any of the provisions or requirements of this section in the course of conducting a protest proceeding hereunder; provided, a hearing officer may not modifY or suspend any of the provisions or requirements of subsections 3, 4, 6, 7, 8,16,20,21 and 22 hereof. 19. Except and to the extent specifically provided in this section, and except and to the extent otherwise specified provided by written agreement amongst the protesting party, the County, and all then-existing intervenors, no provisions of Rule Chapter 28-106, .Florida Administrative Code, shall be deemed applicable to the resolution of protests under this section. 20. For purposes of this section, the filing with the County Manager of a written notice of protest or of a written petition initiating a formal protest proceeding shall be deemed accomplished only when the original written notice or original written petition has been physically received by the County Manager or his or her designee. A notice or petition shall be deemed original only if it bears the original signature of the protesting party or such party's authorized agent. No notice or petition may be filed by facsimile transmission or bye-mail, and any notice or petition received in such manner shall be deemed unfiled and ineffective. The use of an overnight delivery service or of the United States Postal Service to file a notice or petition shall be entirely at the risk of the person submitting the same, and any such notice or petition so received after the applicable deadline shaH be deemed untimely. 21. For purposes of this section, a business day shall mean any 24-hour day that is not a Saturday, a Sunday, or a holiday observed by the County. 22. For purposes of this section, counsel shall mean an attorney who is a member of the Florida Bar in good standing. 23. For purposes of this section, all notices of protest and petitions initiating formal protest proceedings, and all stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to a hearing officer shall be on white, opaque paper 8 Y, by 11 inches in size. The pages of all such documents shall have margins on all sides of not less than I inch; shall be in Times New Roman or Courier New font no smaller than 12 in size, including footnotes and endnotes; shall have standard double-spacing between lines, excluding quotations, footnotes and endnotes; and shall be numbered at the bottom. All quotations shall be indented. Briefs shall not exceed 15 pages in length, and may not include any appendices. A digital copy of all written stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to the hearing officer must be simultaneously provided to the hearing officer in Word format, version 2000 or later, on compact disc or 3 \12" diskette. 24. For purposes of this section, a hearing participant shall mean and include the protesting party, the County and any intervenor. 33 25. This section shall be construed and implemented so as to secure the just, speedy, and inexpensive resolution of bid protests. (0) UTILITY RELOCATION AGREEMENTS: Prior to soliciting bids for right of way improvements and other public works projects that require the removal or relocation of utilities, agreements with the affected utilities must be entered into providing for the terms, scheduling and conditions of such relocation and removal. The County Manager may develop and maintain such form of agreement as may be appropriate for accomplishing the requirements of this section. (Resolution No. 09110-65) (P) NO-CONTACT RULE: (Resolution No. 09/10-81) 1. As used in this section and unless the context clearly requires otherwise, the following terms and phrases shall have the meanings herein ascribed: a. Contacting shall mean communicating or attempting to communicate by any means, whether orally, telephonically, electronically or in writing. b. Bidder shall mean any person or entity submitting a response to a bid solicitation, and shall include all owners, shareholders, principals, officers, employees and agents thereof. c. Bid shall mean any bid, request for proposals and request for qualifications. d. Solicitation period shall mean the time between the pUblication of the notice of the bid and the opening of the bid. e. Evaluation period shall mean the time between the opening of the bid and the award thereof by the Board of County Commissioners. 2. The instructions for all solicitations of bids to be submitted under seal shall include provisions prohibiting bidders from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator, and the foregoing instructions shall so state. 3. The no-contact rule set forth in subsection 2 shall not apply to inquiries submitted to County employees or agents in the marmer specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the marmer specifically provided in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in 34 the bid solicitation package. 4. The purpose of the no-contact rule set forth in subsection 2 is to prevent anyone bidder from gaining an advantage over other bidders through lobbying or otherwise attempting to influence the procurement decision through discussions or the presentation of information or materials outside of the process contemplated in the bid solicitation package and this purchasing policy, and also to ensure that the dissemination of information from the County entity to bidders regarding the bid solicitation is equal and uniform. 35 Form W-g Request for Taxpayer Give Form to the requester. Do not (Rev. December 2011) Identification Number and Certification Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax retum) ol BUsiness name/dIsregarded entity name, if different from above • '" rn "-Check appropriate box for federal tax classification: c 0 o IndivlduaVsale proprietor o C Corporation o 8 Corporation D Partnership 0 Trust/estate . ~ ~,g D Limited Iiab!llty company, Enter the tax classlfi~atlon (C",O corporatlo"n, 8",,8 corporation, P"'partnershlp)'" o Exempt payee _ 0 o " ~i; 'i: .5 D Other (see Instructions} .... 0. 0 '" Address (number, street, and apt. or suIte no.) Requester's name and address (optional) '0 • "-I/) Oity, state, and ZIP code . • • (/J Ust account number(s) here (optional) ~tI:I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN ~r<:>vided mus~ match ~he name given on the "Name" line to avoid backup withholding. For Individuals, thiS IS your social security number (SSN). However, for a resident alien, sale proprietor. or disregarded entrty, see the Part I Instructions on page 3. For other enttties, it is your employer identlflcation number (EIN). If you do not have a number, see How to get a TIN on page 3, Social security number []JJ -CD -I 1 1 1 1 Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose number to enter. I employer identification number m -11111111 l:mi III Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue ServIce (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (0) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acqUisition or abandonment of secured property, cancellation of debt. contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide. your correct TIN. See the instructrons on page 4. Sign Signature of Here u.s, person'" Date'" General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage interest you paid, acquIsition or abandonment of secured property, cancellation of debt, or contributIons you made to an IRA. Use Form W~9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are givIng is correct (or you are waiting for a number to be issued), 2. Certify that you are not SUbject to backup wIthholdIng, or 3. Claim exemption from "backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnershIp income from a U.S. trade or business is not subject to the wIthholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Fonn W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who Is a U.S. citiZen or U.S. resident allen, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholdIng tax an any foreign partners'"share of Income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership Is required to presume that a partner Is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that Is a partner In a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W~9 (Rev. 12-2011) Form W-9 {Rev. 12-2011) The person who gives Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on Its allocable share of net Income from the partnership conduotlng a trade or business In the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust {other than a grantor trust} and not the beneficiaries of the trust. . Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-B {see Publication 615, Withholding of Tax on Nonresident Aliens and Foreign Entities}. Nonresident allen who becomes a resident alien. Generally, only a nonresident allen Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a !lsavlng clause." Exceptions specified In the savIng clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise beoome a U.S. resident aHen for tax purposes. If you are a U.S, resident alien who Is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five Items: 1, The treaty country. Generally, this must be the same treaty,under which you claimed exemption-from tax as a nonresident allen. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and Its exceptions. . 4. The type and amount of Income that qualifies for the exemption from tax. 6. Sufficient facts to Justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemptIon from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student wJl1 become a resident allen for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident allen of the UnIted States. A Chinese student who qualifies for this exception {under paragraph 2 of the first protocoQ and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that.lncludes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-B. What is backup withholding? Persons_making certain payments to you must under certaln conditions withhold and pay to the IRS a percentage of such payments. ThIs Is called "backup withholding." Payments that may be subject to backup withholding Include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from flshlng boat operators. Real estate transactions are not subject to backup withholding. You wlll not be subject to backup withholding on payments you receIve If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and divIdends on your tax return. Payments you receive will be subject to backup withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructfons on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you dId not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Page 2 Certain payees and payments are exempt from backup withholding. See the Instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships on page 1. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the futUre from this person. For example, you may need 10 provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 If the mime or TIN changes for the account, for example, if the grantor of a grantor trust dIes. ' Penalties Failure to furnish TIN. If you fail to furnish ·your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your fallure is due to reasonable cause and not to willful neglect. Civil penalty for false Information with respect to withholding. If you make a false statement with no reasonable basIs that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certificatIons or affirmations may subject you to criminal penalties includIng fines and/or Imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to cIvil and criminal penalties. Specific Instructions Name If you are an Individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without Informing the Social Security Administration of the name change, enter your first name, the,last name shown on your social security card, and your new last name. If the account Is in Joint names, list first, and then circle, the name of the person or entity whose number you entered In Part I of the form. Sale proprietor. Enter your individual name as shown on your income tax return on the "Name" Hne. You may enter your business, trade, or "doing bUsiness as (DBA)" name on the "Business name/disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name" line and any business, trade, or "doing business as (DBA) name" on the "BusIness name/disregarded entity name" line. Disregarded entity. Enter the owner1s name on the "Name" line. The name of the entity entered on the "Name" Une should never be a disregarded entity. The name on the "Name" line must be the name shown on the income tax return on which the Income wl/l be reported. For exampls, if a foreign LLC that is treated as a dIsregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner's name Is requIred to be provIded on the "Name" iJne. If the direct owner of the entity is also a disregarded entIty, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "BusIness name/disregarded entity name" line. If the owner of the disregarded entity Is a foreign person, you must complete an appropriate Form W-B. Note. Check the appropriate box for the federal tax classificatIon of the person whose name is entered on the "Name" line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, TrusVestate). limited liability Company (l..lC).lf the person Identified on the "Name" line is an LLC. check the "Limited liability company" box only and enter the appropriate code for the tax 91asslflcatlon in the space provided. If you are an LLC that Is treated as a partnership for federal tax purposes, enter "P" for partnership. If you are an LLC that has flied a Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for C corporation or "s" for S corporation. If you are an LLC that is disregarded as an entity separate from its owner under Regulation sectIon 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (requIred to be Identified on the "Name" line) is another LLC that Is not disregarded for federal tax purposes. If the LLC Is disregarded as an entity separate from Its owner, enter the appropriate tax classification of the owner identified on the "Name" line. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity, You may enter any business, trade, or DBA name on the "Business name! disregarded entity namell line, Exempt Payee If you are exempt from backup withholding. enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box In the line following the "Business name! disregarded entity l1ame," sign and date the form. Generally, individuals (includIng sale proprietors) are not exempt from backup withholding, Corporations are exempt from backup wIthholding for certain payments, such as interest and dividends, Note. If you are exempt from backup withholding, you should stili complete this form to avoid possible erroneous backup withholding, The following payees are exempt from backUp withholding: 1, An organization exempt from tax under section 501 (a), any IRA, or a custodial account under section 403(b){7) if the account satisfies the requirements of section 401 (f)(2), 2, The United States or any of its agencies or Instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, Of Instrumentalities, or 5, An International organIzation or any of Its agencies or instrumentalities, Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8, A dealer in securitIes or commodities required to regIster In the United States, the District of Columbia, or a possession of the United States, 9, A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12, A common trust fund operated by a bank under section 584(a), 13. A flnanclallnstltutlon, 14, A middleman known in the investment community as a nominee or custodian, or , 5, A trust exempt from tax under seotlon 664 or described in section 4947. The following ohart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15, IF the payment Is for ••• Interest and dividend payments Broker transactions Barter exchange transactions and patronage dividends Payments over $600 required to be reported and direct sales over $5,000 ' THEN the payment is exempt for ••• All exempt payees except for 9 Exempt payees 1 through 5 and 7 through 13, Also, C oorporations, Exempt payees 1 through 6 Generally, exempt payees 1 through 7 2 , See Form 1 099~MISC, Miscellaneous Income, and its instructions, 2 However, the following payments made to a oorporatlon and reportable on Form 1099~MISC are not exempt from baok.up withholding: medical and health (Jare payments, attorneys"' fees, gross prooeeds paid to an attorney, and payments for selVices paid by a federal exeoutive agency, Page 3 Part i. Taxpayer identification Number (TiN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer Identification number (ITIN), Enter it in the social security number box, If you do not have an ITIN, see How to get a TIN below, If you are a sale proprietor and you have an EIN, you may enter either your SSN or ErN, However, the IRS prefers that you use xour SSN, If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or EIN, If the owner has one), Do not enter the disregarded entity's EIN, If the LLG Is classified as a corporation or partnership, enter the entity's ErN. Note. See the chart on page 4 for further clarification of name and TIN combinations, How to get a TIN. If you do not have a TIN, apply for one immediately, To"apply for an 8SN, get Form 88-6, Applioation for a Social Security Card, from your local SocIal Security Administration office or get this form online at www.ssa,gov, You may also get this form by caillng 1-800-772-1213, Use Form W-7, Appllcatfon for IRS Individual Taxpayer IdentIfication Number, to apply for an ITIN, or Form SS~4, Application for Employer Identification Number, to apply for an EIN, You can apply for an EIN online by accessing the IRS website at www,irs.gov!businesses and clicking on Employer Identifioatlon Number (EIN) under Starting a BusIness, You Can get Forms W-7 and SS-4 from the IRS by visitfng IRS.gOY or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write 'IApplied For" In the space for the TIN, sign and date the form, and give It to the requester, For interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject to backup withholding on payments, The SO-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester, Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W~8, Part II. Certification To establish to the withholding agent that you are a U,S, person, or resident alien, sign Form W~9, You may be requested to sign by the withholding agent even If Item 1, below, and Items 4 and 5 on page 4 indicate otherwise, For a joInt account, only the person whose TIN is shown In Part I should sign (when required), In the case of a disregarded entity, the person identified on the "Name" line must sign, Exempt payees, see Exempt Payee on page 3, Signature requirements. Complete the certification as Indicated in Items 1 through 3, below, and items 4 and 5 on page 4, 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker acoounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange aocounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certlfioation or backup wIthholding will apply. If you are subject to backup wIthholding and you are merely providIng your correct TIN to the requester, you must cross out item 2 in the certIfication before signing the form .. 3. Real estate transactions. You must sign the certIfication. You may cross out Item 2 of the certification, FormW~9 (Aev.12~2011) 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made In the course of the requester's trade or bUsiness for rents, royalties, goods (other than bflls for merchandise), medical and health care services (Including payments to corporations). payments to a nonemployee for services, payments to certain fishing bcat crew members and fishermen, and gross proceeds paid to attorneys (Including payments to corporations). 5. Mortgage Interest paId by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN. but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account 1. Individual 2. Two or more Individuals Oolnt account) 3. CustodIan account of a minor {Uniform Gift to Mlnan; Act) 4. a. The uSLJal revocable savings trust (grantor Is also trustee) b. So~called trust account that is not a Jegal or vaJld trust under state law 5. Sole proprietorship or disregarded entity owned by an IndivIdual 6. Grantor trust filing under Optional Form 1099 FlUng Method 1 (see Regulation section 1.671~4(b)(2)(i)(A» For this type of account; 7. Disregarded entity not owned by an Individual 8. A valid trust, estate, or pension trust 9. Corporation or LLC electing corporate status on Form 8832 or Form 2553 10. AssocIation, club, reJlgious, charitable, educational, or other- tax~exempt organIzation 11. Partnership or multl~member lLC 12. A broker or registered nominee 13. Account with the Department of Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust flling under the Form 1041 F111ng Method orfue Optional Form 1099 FlUng Method 2 (see Regulation section 1.671~4(b){2)(ij(B)) Give name and SSN of: The Individual The actual owner ofihe account or, if combined funds, the first individual on the account' The minor' The grantor~trustee I The actual owner' The owner' The grantcr· Give name and ErN of: The owner Legal entity' The corporation The organization The partnership The broker cr nominee The public enti_ty The trust 1 ust first and circle the name of the plllSon Whose number you fUrnish. If only one person on a lolnt account has an SSN, that person's number must be furnlshad. 2 Circle the minor's name end furnish the minor's SSN. °YOU must snow your Individual nama and you may also enter your bUsiness or "DBA" nama on the "Business neme/dlsregarded entity" naro6 line. You may use either your SSN or EIN Of you have one). but \he IRS encoureg6s you to use your SSN. 4 Ust first and clrol6 the name of Ihe trust. estate, or pens/on trust. (Do not furnish the TIN afthe personal representative or trustee unless the legal entity itsell Is not designated In the account title.) Also see Specla! rules forpartnershlpson page 1. ·Note. Grantor also must provide a Fonn W~9 to trustee of trust Privacy Act Notice Page 4 Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, social security number (SSN), or other identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a Jcb or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protectlng your SSN, and • Be careful when choosing a tax preparer. If your tax reccrds are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or leUer. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft HotUne at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic harm or a system problem , or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case Intake line at 1-877-777~4778 orTTYfTDD 1-800-829-4059, Protect yourself from susplolous emalls or phlshlng schemes. Phlshing Is the creation and use of email and websltes designed to mimic legitimate business emalls and websltes. The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt tc scam the user into surrendering private information that wH/ be used for Identity theft. The IRS does not initiate contacts with taxpayers via emalls. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phfshlng@/rs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax AdminIstration at 1~800-366~44B4. You can forward suspiolous emalls to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.govlidtheft or 1-B77~IDTHEFT (1-977-438-4338), VIsit IRS.gov to learn more about identity theft and how to reduce your risk. Section 6109 of the Internal Revenue Code requires you to provide your cOlTect nN to persons Qncluding federal agencies) who are required to file information returns with the IRS to report Interest, dIvidends, or certaIn other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above Information. Routine uses of this information Include giving It to the Department of Justice for civil and criminallliJgalion and to cities, states. the District of ColumbIa, and U.S, possessions for use In administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civH and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certaIn other payments to a payee whc does not gIve a TIN to the payer. Certain penaltles may also apply for providing false or fraudulent information. BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA NOTICE OF INTENT TO AWARD BID RFP NO 13/14-8, Various Equipment and Amenities for Parks and Playgrounds In accordance with the provisions of Section 8.N of the Clay County Purchasing Policy, notice Is hereby given and posted of the decision of the Board of County Commissioners of Clay County, Florida (hereinafter the "Board") with respect to RFP No. 13/14-8, Various Equipment and Amenities for Parks and Playgrounds. Responses to RFP No. 13/14-8 were opened on January 7, 2014. During its regular meeting on February 11, 2014, the Board rendered its decision to award RFP No 13114-8 to multiple companies and this notice of intent to award bid is the official notification regarding said selection. The decision of the Board is final. Failure to file a protest within the time prescribed in Section B.N of the Clay County Purchasing Policies shall constitute a waiver of proceedings under Section 8.N Bid Awards and Protests. Date of Posting: 02/12/14 Time of Posting: 8:45 a.m. Initials: DF Stephanie C. Kopelousos County Manager Date of Removal: 02118114 Time of Removal: 8:55 a.m. Initials: DF CLAY COUNTY FLORIDA Purchasing Division P.O, Box 1366 477 Houston Str .. et 4'h Floor, Admin Building Green CoVe Springs, FL 32043-036.7 AreaCo~e: Phone: Fax: 904 278-3761 529-3761 278·3728 County Manager StephanieC. Kopelousos Commissioners: Wendell D .. Davis District 1 DouglasP. COnkey District .2 Diane Huichings District 3 T. ChereeseStewart District 4 Ronnie E, .Robinson District 5 Switchboard: GCS (904) 284·6300 KH (352) 473·3711 KL (904) 533·2111 OP/MBG (904) 269·6300 www.claycountygov.com January 29, 2014 MEMOTO: FROM: SUBJECT: Stephanie J<opelousos County Manager Karen Thomas' Purchasing Manager Budget, Personnel, & Policy Agenda, 2/3/14 ITEM: RFP No. 13/14-8 Recommend <lpproval to post hotice of intent and to award RFP No. 13/14-8, . Various Equipment and Amenities for Parks and Playgrounds to mUltiple companies. All bids are based upon the % discount offered for products and service. This bid is also a means for qualifying vendors for Ball Park lighting services. Qualifying vendors will be requested to provide pricing on a project by project basis. The qualified vendor providing the lowest responsive quote will be awarded the project. This will provide playground equipment, amenities and lighting for all parks in Clay County and other entities wishing' to utilize this RFP. Approval will be effective after n hour bid protest period has expired and assuming no protests are received. Submittals are available for review in the Purchasing Department. Funding Source: various Att. /df 1-Staff Recommendation Sheet 2 -Price Sheets 3 -Bid Tabulation Sheet Karen Thomas BID RECOMMENDATION SHEET January 28, 2014 Bid #13/14-8 "Various Equipment & Amenities for Parks & Playgrounds" BIDDERS Bond Advanced Recreation Conce!!ts NA REP Services, Inc. NA Southern Recreation NA Pla~more West, Inc. NA J Durgan Assoc., Inc. NA Victor Stanle~, Inc. NA Robertson Industries, Inc. NA Rec~cled Plastic Facton', LLC NA No fault Seorts Groul!, LLC NA Greenfields Outdoor Fitness, Inc. NA Regal Contractors, Inc. NA Gulf Coast Seorts, LLC NA Bliss Products & Services, Inc. NA Al!ollo Sunguard S~stems, Inc. NA Robertson Industries, Inc. NA Miller Recreation Eguie. & Design NA Gametime, Inc. NA Site Horizons NA M Ga~ Constructors, Inc. NA Musco Sl!orts Lighting, Inc. NA Staff Assigned to Tabulate Bids & Make Recommendations: Base Bid See Attache!! See Attached See Attached See Attache!! See Attached See Attached See Attache!! See Attached See Attache!! See Attached See Attache!! See Attached See Attached See Attached See Attached See Attached See Attached See Attached See Attached See Attached Ellen Mattox Admin Program Mgr .. Division of Parks & Recreation RECOMMENDATION: It is staff's recommendation to acce!!t all bids submitted. All bids are awarded based ul!0n the % discount offered for products and services. F:\BIDS\1314\BID RECOMMENDATION SHEET -1314-8; playground equip.docx Distributor Advanced Rec. Concepts (321) 775-0600 PRICE AGREEMENT CONTRACT FOR VARIOUS EQUIPMENT AND AMENITIES FOR PARKS & PLAYGROUNDS· Bid #13/14-8 Discount Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided Litchfield Pavilions & 3% 35% Ves Structures Highland Products Site Furnishings 3% 35% Ves R3 Recycled Play Playground Equip. 3% 35% Ves Structures Skyspan Structures Shade Structures 3% 35% Ves Zeager Playground Rubber surfacing 5% NA Ves Surfacing Bolling Forest Products Wood Mulch $55 cu. yd. NA Ves Innovative Wood Mulch Wood Mulch $55 cu. Vd. NA Ves Water Splash Water Play Equip. 3% NA Ves BCI Burke Playground Equip. 5% 3~% Yes Berliner Seilfabrlk-Cable Climbing 3% 40% Ves Urban Designs Playground Equip. Playeraft by Krauss Playground & 3% 35% Yes Craft/Exercraft Fitness Equip. Superior International Playground Equip. 3% 35% Ves Paris/Ramparts Rtness Equip. 3% 35% Ves Sports Rock (Park Pets) Rocks shaped like 3% 50% Ves animals ~or climbing ----_._---_. ---- F:\Donna\Bid Folder_Donna\RFP's\RFPs 13-14\1314-B Park & Playground Equip\Bid 1314-8 awarded bidders.docx 1 Current MSRP List Supplied Ves Ves Ves -c Ves ! Ves Ves Ves Ves Ves Ves Yes Ves Ves Ves Discount Distributor Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided Rubber Designs By Playground 5% Ves Advanced Rec. Rainbow Turf Prod. surfactng Concepts ( cont.) Nationwide Turf Synthetic Turf 5% NA Ves Polysoft Playground 5% NA Ves surfacing Bison Sporting Equip. 3% 40% Ves l(ay Park Park Amenities 3% 40% Ves Ultra Play Park Furniture 3% 40% Ves Freenotes Harmony Musical Amenities 3% 35% Ves Park Webcoat Tables & Benches 3% 40% Ves GT Grandstands Bleachers 3% 40% Ves Ball Fabrics Shade Structures 3% 35% Ves Cedar Forest Products Wooden Shade 3% 35% Ves Structures Playspace Services, Inc. Installer landscape Structures Playground Equip. 2% 45% Ves REP ~ervices, Inc. Porter/Poligon Shade Structures 2% 53% Ves (407) 831-9658, ext. 230 DuMor, Inc, Park Amenities 2% 40% Ves Anova Park Amenities 2% 40% Ves USA Shade, Inc. Shad~ Structure 2% 60% Ves '-------------- F:\Donna\Bid Folder_Donna\RFP's\RFPs 13-14\1314-8 Park & Playground Equip\Bid 1314-8 awarded bidders.docx 2 Current MSRP list Supplied Ves Ves Ves Ves Yes Ves Ves Ves Ves Ves Ves VeS Ves Ves Ves Ves Discount Distributor Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided ForeverLawn Grass for safe-play 5% Installation included Ves REP Services, areas in price per SF (cont.) Vitriturf/Hanover, Inc. Poured in place 2% Installation included Ves surfacing in price per SF Irvine Wood Recovery Playground mulch 5% 99% Ves Sof Surfaces TIle for safe play 5% 33% Yes areas TotTuri Poured in place 2% Installation included Yes surfacing in price per SF Southern Playland Playground equip.; 15% 28% Ves Recreation, Inc, park amenities; shade structures (904) 387-4390 Sporlsplay Playground equip.; 10% 28% Ves (904) 545-9870 shade structures (c) Jaypro Sports equip. 10% 28% Ves Kay Park Bleachers; park 10% 28% Yes amenities Webcoat Park amenities & 10% 28% Yes shade structures Ultra Play Playground equip. 10% 28% Yes Ultra Site Pet Park equip. & 10% 28% Yes Park amenities Sitescapes Park amenities 10% 28% Yes Litchfield Parle amenities 10% 28% Yes (551 Structures) Superior Shade Shade structures 10% 28% Yes Zeager Wood Carpet Playground 10% 28% Yes surfacing Murdock Water fountains 10% NA Yes ---~~~ F:\Donna\Bid Folder_Donna\RFP's\RFPs 13-14\1314-8 Park & Playground Equip\Bid 1314-8 awarded bidders.docx 3 Current MSRP List Supplied Ves Ves Yes Yes Yes Yes Yes Yes Yes Yes YeS Yes YeS Yes Yes Yes YeS Discount Distributor Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided Southern Sportable Scoreboards Scoreboards 10% Varies with project Ves Recreation, Inc, (cont.) Playworld systems Playground Equip. 5% 30% Ves Pial/more West, Inc. Zeager Playground 5% 75% Ves surfacing (329) 791-2400 X Grass Synthetic turf 5% Included Ves Child Safe Poured in place 5% Included Ves safety surface Shade Systems Shade structures 5% 60% Ves Classic Recreation Shade structures & S% 60% smali RR bldgs. Regal Contractors, Inc. Installer J Durgan Assoc., Inc. Greenfield Outdoor Exercise equip. & 2% ·0· Ves Fitness hie playground (561) 654-9708 equip. Apollo Sunguard Shade structures 5% .(l. Yes Henderson Reaeation Playground equip. 10% ·0· Ves Everguard Poured in place ·0· ·0· No safety surface Victor Stanl!ll1. Inc. Victor Stan!ev Planters, trashcans, 5% 25% Ves park amenities (407) 641-0241 (407) 637-9385 Robertson Tot Turf Poured in place 10% Im;luded Yes Industries, Inc. safety surface Art of Flooring Installer (954) 882-1366 L --~ --~- F:\Donna\Bid Folder_Donna\RFP's\RFPs 13-14\1314-8 Park & Playground Equip\Bid 1314-8 awarded bidders.docx 4 Current MSRP I Ust SuPplied Ves Ves Ves , , Ves Ves Ves I I J Ves I Ves I Ves I Ves Ves Ves I I ~----.-.-.. -- Discount Distributor Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided Recycled Plastic Park amenities 23% NA Yes Reg:cled Plastic Factory, LtC EslctOn!, LLC (941) 473-1618 No Fault Sports Group, Poured in place 10% No Fault SIlOrts LLC safety surface GrOUll, LLC Playsafe Surfacing, LLC Installer (225) 215-7760 Greenfields Outdoor Exercise equip. & 2% Varies Yes !,ireenfields Fitness, Inc. hIe playground Outdoor Fitness, equip. Inc. (888) 315-9037 Greenfield Outdoor Installer NA 40% Regal Contractors, Fitness, Inc. Inc. Henderson Recreation Installer NA 35% (561) 906-7321 Equip., LID Ever-guard. Surfacing Installer NA -0- Apollo Sunguard Installer NA 80% landscape Structures, Installer NA 30% Inc. Playworld Systems Installer NA 30% PlaypowerLT/LittleTikes Installer NA 36% Commercial Farmington Miracle Recreation Installer NA 32% Equip. Shade Systems, Inc. Installer NA 80% Gulf Coast Sports, LLC Bleac:hers, 5% 3% No Gulf !;oast S[;!orts, Pressboxes & park LLC amenities (8SS) 827-1386 ---- F:\Donna\Bid Folder_Donna\RFP's\RFPs 13-14\1314-8 Park & Playground Equip\Bid 1314-8 awarded bidders_docx 5 Current MSRP Ust Su011ied Yes I Yes Yes ~b----- Discount Distributor Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided ActionPlay Safe play borders, So/, Priced per job Yes Bliss Products & swing parts, park Services, Inc. amenitIes American Mulch Mulch Priced per job Priced per jab No (904) 210-7760 Athletic Connection Athletic equip. 5% Priced per job Yes Bark Parte Equip. for dog park 8% 35% Yes Big Toys Playground equip. 50/, 35% Yes BRP Bleachers, park So/, Priced per job Yes amenIties CemRock Rock climbers 5% Priced per job No Childworfcs Playground equip. & So/, Priced per job Yes swing parts Colorado Time Systems Scoreboards So/, Priced per job Yes Ccmpac Filtration Equip. for water So/, Priced per job Yes parks Dero Bicycle racks So/, Priced per job Yes Dura Play Safety surfaces So/, Priced per Job Yes DynaCushion Safety surfaces 100/, Priced per Job No Dynamo Sports & pl,ayground 10% Priced per job Yes equip., rock climbing Electro Mesh Scoreboards 100/, Priced per Job No Scoreboard -------------------- F:\Donna\Bid Folder_Donna\RFP's\RFPs 13-14\1314-8 Park & Playground Equip\Bid 1314-8 awarded bidders.docx 6 Current MSRP List Supplied Yes No Yes Yes Yes Yes No Yes YeS Yes Yes Yes No Yes No J , Elephant Play Playground equip_ 10% 35% Ves Everguard Poured in place 10% Priced per job No safety surfaces Discount Distributor Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided Everlast Climbing Wall Climbers 10% Priced per job V.s Bliss Products & Services~ lric_~ Fibar ADA playground 10% Priced per job V., (cont.) safety surfaces forestry Resources Mulch/lumber 5% Priced per job No forte Plastic timbers for 5% Priced per job Yes safe-play area Gared Sports Netting, field equip'l 10% Priced per job Yes sports equip. GT Grandstands Bleachers 10% Priced per job Yes Innovative Mulching Mulch 10% Priced per job No . Jayhawlc plastics Park furnishings 10% Priced per job V.s Jaypro Sports Indoor & outdoor 5% Priced per job v.s sports equip. Jensen Swings Repair parts for 5% Priced per Job Yes . swings Kay Park Playground equip. 5% Prfced per job No Madrax Bicycle racks 5% Priced per job Yes Most Dependable Water fountains 5% Priced per job Yes Fountains Murdock Fountains Water fountains 5% Priced per job Yes National Recreation Bleachers 5% Priced per job Yes Systems ---- F:\Donna\Bid Folder_Donna\RFP's\RFPs 13-14\1314-8 Park & Playground Equip\Bid 1314-8 awarded bidders.docx 7 Ves No Current MSRP List Supplied Yes V.s No V.s Ves V.s No Ves V.s V.s No Yes Ves Ves Yes - Outback Shelters Shelters 10% Priced per job Yes Play and Park Playground equip. 10% 35% Yes Structures Play Guard Safety surfaces 5% Priced per job No Discount Distributor Manufacturer Product Allowed from Installation Catalog M5RP Discount Provided P!aymare Playground Equip. 5% 35% Ves Bliss Products & Services, Inc., Playsafe Surfacing Safety surfacing 5% Priced per job No (cent.) P!aysafer Rubber mulch & 5% Priced per job Yes curbing Pro Mats Netting, padding, 5% Priced per job Ves benches, equip. Rubber Recycling Recycled rubber far 5% Priced per job No safe play areas Sand Lock sandbox Sandboxes 5% Priced per job Yes San dee Sod, Inc. Sod Priced per job Priced per job No Shade America Shade Structures 10% Priced per job Yes Shaw Industries Flooring/Carpet 5% Priced per job No Shelterscapes Shelters!?) S% Priced per job No Spectrum ADA pool lifts & 5% Priced per job Yes eqUipment Spiral Court King Court equipment 5% Priced per job No Spohn Ranch/Tru Ride Skate ramps 5% Priced per job Yes Sportsplay Playground equip., 5% Priced per job Yes shelters, park amenities F:\Denna\Bid. Folder_Donna\RFP's\RFPs 13-14\1314-8 ParI< & Playground Equip\Bid 1314-8 awarded bidders.doex 8 Yes Yes I No Current MSRP Ust Supplied Yes No Ves Yes No Yes No Yes No No Yes No Yes Yes Stewart Tennis Courts Tennis Courts Priced per job Priced per job No Structural Wood Lumber 5% Priced per job No Systems Suwannee lumber lumber 5% Priced per job No Tennis Unlimited Tennis netting 5% Priced per job No Discount Distributor Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided Terra Pad Pads for fall zones 5% Priced per job Ves Bliss Products & Services, Inc., Terra Soft Poured in place 5% Priced per job Ves (cont.) safety surface Turf Evolution Synthetic grass 5% Priced per job Ves Ultra Play Toddlers play equip. 5% Priced per job Yes Ultra Site Shade structures, 5% Priced per job Ves bleachers, park amenities Ultra Shade Shade structures 5% Priced per job Yes Vortex Water Parks Equip. for water 5% Priced per job Ves parks Webcoat Plastic coated park 5% Priced per job Ves amenities Wood Mulch Products Mulch 5% Priced per job No X-Grass Synthetic Turf 5% Priced per job Ves Sandee Sod, Inc. Installer FunBuilders, Inc. Installer Chris Patton Installer _ .. _._------ F:\Donna\BidFoIder_Donna\RFP's\RFPs 13-14\1314-8 Park & Playground Equip\Bid 1314-8 awarded bidders.docx 9 No No No No Current MSRP list Sll0'lied Yes Ves Ves Ves Ves Ves Ves Ves , No V.s --- Apollo Sunguard Shade Structures 8"A; 50% Ves AIlOllo Sunguard Systems. Inc. Cocozza Construction Installer (941) 925-3000 Regal Contractors Installer A & W Specialty Installer Contracting Discount Distributor Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided TotTurf Playground safety 10% Included In MSRP Ves Robertson surfacing discount Industries. Inc. Art of Flooring Installer (954) 882-1366 Miracle Recreation Playground Equip. S% $ 0 -$4.999 23% $0-$9,999 Ves Miller Recreation Equipment Co. 12%$5,000-25% $10,000- EguiD. & Design $9,999 $24,000 15% $10,000 -26% $25.000 -above (941) 792-4580 $17,999 18% $18,000 - $24.999 20% $25,000- above Foresite Designs Park amenities .5% 32% Yes Recycled Design Recycled park 5% 32% Ves amenities Forever Lawn Synthetic Grass 5% NA Ves . Shade Systems Shade structures 5% NA Ves Bison Sports Sports equip. S% 32% Ves Webcoat Coated outd<?or S% 32% Ves furniture -.L. -_. ---- F:\Donna\Bid Folder_Donna\RFP's\RFPs 13-14\1314-8 Park & Playground Equip\Bid 1314-8 awarded bidders.docx 10 Ves Current MSRP Ust Supplied Ves Yes Yes VeS Ves Ves· Ves Yes , No Fault Safety surface, 5% NA No mulch, turf Douglas Industries Sports equip. 5% 32% Ves Playsafer Rubber Mulch S% $10 per cu. yd Ves I(ay Park Bleacherl park 5% 32% Ves amenities Discount Distributor Manufacturer Product Allowed from Installation Catalog MSRP Discount Provided Murdock Fountain Water fountains 5% NA Ves Miller Recreation Eguig. & Design AP5 Playground borders, 5% 25% Ves (cont.) repair parts Greenfield Outdoor Outdoor fitness 5% 30% Ves Fitness equip. Fibar Playground safety 10% $10 per cu. yd. Ves surfacing Rep Shelter Covered shelters 5% NA Ves Coverworx Prefabricated 5% NA Yes Structures Principle Recreation, Installer Inc. Playtime Installation Installer Ryan Fitzgerald Installer Construction, Inc. Gametime Playground & 15% 25% Yes GameTime, Inc. fitness equip. UltraPlay Playground equip. 10% 25% Yes (SOO) 432-0162 UltraSlte Park amenities 10% 25% No F:\Donna\Bid Folder_Donna\RFP'5\RFPs 13-14\1314-8 Pari< & Playground Equip\Bid 1314-8 awarded bidders.docx 11 No Ves Ves Ves Current MSRP List Supplied Ves Ves Ves Ves Ves Ves Yes Yes Yes GTlmpax Plavground safety 5% varies Yes surfacing Site Horizons Zeager Playground safety 5% $12 per cu. yd. Yes surfacing (407) 641-0231 Icon Shelter Systems Shelters 5% 25% Yes (407) 637-9385 Icon Trail Series Amenities for trails 5% 25% Yes PW Athletic Mfg., llC Athletic equip. & 5% 25% Ves park amenities Discount Manufacturer Product Allowed from Installation Catalog Distributor MSRP Discount Provided Superior Shade,lnc. Shade Structures 5% 30% Ves Site Horizons (cont.) Rainbow Rubber Safety Safety surfacing 5% Included in price Ves Surfacing BCI, Burke Co. Playground equip'l 5% 25% Ves surfacing, parl( amenities Wabash Valley Park amenities 5% 25% Yes Johnny Pitts Const. Installer Musco Sports Ughting Installer for sports Priced per project Priced per project per NA M. Gay lighting per sport sport Constructors, Inc. (904) 714-4001 Musco Sports Lighting Sports Lighting Priced per project Priced per project NA Musco Silorts per sport per sport lighting, LLC (800) 374-6402 F:\Oonna\Bid Folder_Donna\RFP's\RFPs 13-14\1314-8 Park & Playground Equip\Bid 1314-8 awarded bidders.docx 12 ----------- Yes Yes Ves Ves Ves Current MSRP List Supplied Yes Yes Yes Yes Yes YeS BID TABULATION FORM RFP; 13/14·8 Proj: Various Equipment & Amenities for Parks and Playgrounds Ad; Clay Today, November 28,2013 Date; Time Open; Time Close; January 7, 2014 I: D'il This is a generic Bid Tabulation Form; all required bid documents will be verified prior to bid recommendation. Bids to be evaluated based on evaluation criteria established in bid document Bidder Copies W·9 Insurance To Be Determined 1.-. , , ,,- 2 ROBERTSON INDUSTRIES INC , ,/ .' v " . " .. / / 3 NO FAULT SPORT GROUP , " \ v ... ' " , 4 RECYCLED PLASTIC FACTORY " v' .. , ..... , , -' 5 REGAL CONTRACTORS " f " ;,..-0/ :.,/' v ',' .-..-6 GREENFIELDS OUTDOOR FITNESS,INC ... ,r'··· ',' './ , " " / 7 M GAY CONSTRUCTORS ~ .. '.' ~~. " , .- 8 GULF COAST SPORTS LLC " y v " ',' ,,' 9 PLAYMORERECREATIONALPRODUCTS ,,- c" v/ "-'. v' " 10 APOLLO SUNGUARD SYS1EMS INC ,/ , ',' " , I , 11 J DURGAN & ASSOC " " " , , , , " ,,' 12 REP SERVICES INC , ,/ 'c-" 13 DRP· DOMINICA RECREATION PRODUCTS \/ v . " , .- 14 MUSCO SPORTS LIGHTING LLC t/ " v· ... " v 15 MILLER RECREATION .-v " " Staff Assigned p to tabulate bids and make recommendations: , ~ J~ Name -,2Aq4Wt11>. ~ Title Recommendations: Staff will review the bids and present a recommendation to the BudgetJFinance Committee for subsequent recommendation to the Board. Bids to be evaluated based on evaluation criteria established in (:id ument. , ) ---6 Bid Opening Witnessed By: [J0/u'.Q ~ , ,775& d _~ (BCC) , Cletk ~({' C;rj' /I(}P JUI, iV?tiL /Ii /'J 'nepartment RepresentativV BID TABULATION FORM RFP: 13114-8 Proj: Various Equipment & Amenities for Parks and Playgrounds Ad: Clay Today, November 28,2013 Date: Time Open: Time Close: January 7,2014 /; b g This is a generic Bid Tabulation Fonn; all required bid documents will be verified prior to bid recommendation. Bids to be evaluated based on evaluation criteria established in bid document Bidder Copies W-9 Insurance To Be Detennined .- 16 SOUTIlERN RECREATION lNC , ~ V·-.' 17 SITE HORIZONS /7VdA/: -, " , -h u.:if--d. ./ .' v' .r ':)k. ,1, ,'~ . .-,. 18 BLISS PRODUCTS ... \-, ~.' " / / .. 19 ADVANCED RECREATIONAL CONCEPTS . , .-, 20 21 22 23 24 25 26 27 28 , 29 30 Staff Assigned to tabulate bids and make recommendations: k~ ~~ r1~O"4L~ Name ~ V Title Recommendations: StaffwiIl review the bids and present a recommendation to the BudgetIFinance Committee for subsequent recommendation to the Board. Bids to be evaluated based on evaluation criteria established in bicf'ilOCtt~nt. Bid Opening Witnessed By: ilOrL1o.. ~ (--,/" ~~ (BCC) / '51ft laJulLL '#-fi00 . I f Igcpartment Representative (,-J - CONTRACT FOR V ARlIOUS EQUIPMENT AND AMENI'll'IES FOR PARKS 8< PLAYGROUNDS (Clay County,lFL RlFP No. 13114-B) TIDS AGREEMEN'll' made and entered into this l day of December. 2015 by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and Apollo Sungmard. Inc., (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the Clay Coun4y.FI solicited bids, pursuant to RlFP #13/141-B, for Various Equioment and Amenities for Parks 8< Playgrounds; and WHEREAS, Clay County, FI after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the Clay County, FI Contract and pursuant to authority of the City of South Miami's Charter. NOW, TlHfEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: 1. The City desires to enter into a Contract, under the same terms and conditions as set forth in the solicitation and the agreement between Clay County, FI and Contractor, pursuant RlFP #13/14l-B. 2. The City has reviewed the contract and agrees to the terms and conditions and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such services under the same price(s), terms and conditions as found in the solicitation documents and the response to the solicitation, pertinent copies of which are attached hereto as Exhibit A and made a part hereof by reference, and the agreement andlor the award between Clay County, F! and Contractor., pursuant RlFP #13/14-1J, a copy of which, including any amendments and addendums thereto, is attached hereto and made a part hereof by reference. 3. All references in the contract between Clay County, FI and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of the City, as set forth in the Clay County, FI's RFP #13/141-B and its agreement with Contractor, shall be made by the City Manager for the City of South Miami. The term of the contract, including all extensions authorized by the contract shall not exceed five years. Notwithstanding anything contained in the Clay County. FI RFP #13/14-8 or the Clay County, lFI contract to the contrary, this agreement shall be governed by the laws of the State of Florida and venuefor all dispute resolutions or litigation shall be in Miami-Dade County, Florida. 4. Public Records: Contractor and all of its subcontractors are required to comply with the public records law (s.J 19.0701) while providing goods andlor Services on behalf of the CITY and the Contractor, under such conditions, shall incorporate this Thomas F. Pepe-7-16-14 Page 1 oU paragraph in all of its subcontracts for this Project. s. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 6. Validity of Executed Copies: This agreement may be executed in several counterparts, each of which may be construed as an originaL 7. Governing lLaws lIlud Venue: This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 8. Attorneys' lFees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 9. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision ofthis Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHlERlEOlF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials and to be attested by their respective Clerks the day and year first above written. APOlLlLO SUNGUAlID: By;~Le-C;l~~~Co J))oidLf CbeJIo.JLP orsr..,Lo..s (type name and title of signatory above) ATTEST: CITY OF SOUTH MIAMI By: ---c;-:---;-::~~--;--::;:-;;:::-~ Maria M. Menendez, CMC By: c------:--~ Steven Alexander City Clerk City Manager Thomas F. Pepe-7-16-14 Page 2 of3 Read and Approved as to Form, Language, Legality and Execution Thereof By: ___ ~_ Thomas F. Pepe City Attorney Thomas F. Pepe -7·16·14 Page 3 of3 10271 Deer Run Farms Road, Suite 1 0 Fort Myers, FL 33966 (239) 791·2400 0 (888) 886·37570 (239) 791·2401 fax Recreational Products Be Services November 12, 2015 Aquatic Center of Gibson Bethel 5800 SW 66Street South Miami, Florida 33143 SUBJ: Shade Proposal Please allow this letter to serve as our proposal for supplying the below listed site furnishings. Shade 2 2 4 2 1 1 1 Description 18' Dia x 10' High Brella 20' Dia x 10' High Brella Post Pads for a 5" Post @ 6' High Shade Cloth 300 SqFt fully bound Sign & Seal Drawings Freight installation SubTotal Unit Price $5,355.00 $5,355.00 $350.00 $1,275.00 $ 1,500.00 $ 850.00 $14,550.00 Total Project Cost Unit Total $10,710.00 $10,710.00 $ 1,400.00 $ 2,550.00 $25,370.00 $ 1,500.00 $ 850.00 $14,550.00 $42,270.00 Shades are designed to withstand 170 mph wind loads with the fabric off and 105 mph with the fabric on. Signed & Sealed drawings includes the structural calculations. The above numbers include all materials, and freight cost Exclusions: Permitting Regards, ~~~-7 /' R. Stoney Bates/ Playmore Recreational Products and Services Site Horizons, LLC. MWBE Certified QUOTE 13750 W. Colonial Drive, Suite 350-134, Winter Garden, FL 34787 Tel: 407-641-0241 Fax: 407-614-4313 Sales Associate: Mary Langley@ 407-947-6318 Email: mlangley5@cfl.rr.com Quote Date: 11130/15 Sell To: Quentin Pough Ship To: MUIT.y Park 5800 Southwest 66 St. South Miami, FL 33143 City of South Miami 5800 Southwest 66 St. South Miami, FL 33143 305-668-3867 gPQugh@southmiamifl.gov DELIVERY CONTACT: Johnny Pitts Construction 850-232-1615 Qty Model No Description Unit Cost Discount 2 Fabric' Replacement 25'xI2' Hip Rectangular Shade Fabric For Existing Shade Including Cable and Hardware $1,043.00 10% 2 Custom I 2 Custom 2 2 Drawings I Install 4 Footing 4 Pennits Dumpster Custom Single Column 18' Hexagon Umbrella Shade, 10' High, Glide Elbows Custom Single Column 20' Hexagon Umbrella Shade, 10' High, Glide Elbows Set of Signed & Sealed Engineered Drawings Install.tion of All of the Above Concrete Footing Including Core Drilling Cost of Permitting Dumpster for Waste Removal $3,256.00 $3,526.00 $550.00 $6,260.00 $2,000.00 $2,000.00 $500.00 Price Includes: 10% Discount Per Clay County Bid #13/14-8, Standard COI01~/ Materials, Engineering, Installation, Footings, Permits, Dwnpster and Freight. Price Excludes: Underground Line Location, Site Security, Storage, Site Work, Sales Tax and Repair to Damage of Sod/Sprinklers/Landscaping. *Installation char2es are based on NO unforeseen conditions in the area, above or below the surface, including, but not limited to, rock. If such conditions arise, installation charges will change to reflect costs associated with those conditions. 10% 10% Sub-Total: Tax: Freight: Total: Lead Time: 7-8 weeks after approval Payment TelliS: Net 30 with approved credit Ship Via: Best Way FOB: Factory Total $1,877.40 $5,860.80 $6,346.80 $1,100.00 $6,260.00 $8,000.00 $8,000.00 $500.00 $37,945.00 Exempt $4,500.00 ~42,445.00 11illDil@iiillillJ.3\iiJjfjj(jjJj@j)@WM] Approval and Acceptance of this quote may be executed by signing and faxing to 407-614-4313. Signature: Title Date Page 1 of 1