019-024_Bid_Documents_Muscogee_Nation_of_Fla_Mirco_Farm_Agritourism_Project_Greenhouse_(for_reference_only)_(2).pdf

INVITATION TO BID

MUSCOGEE NATION OF FLORIDA, INC.

MUSCOGEE NATION OF FLORIDA MICRO FARM

AGRITOURISM PROJECT (GREENHOUSE)

BID NO.: 019-024

Sealed bids for the Muscogee Nation of Florida Micro Farm Agritourism Project (Greenhouse) will be received by the Muscogee Nation of Florida, Inc. at:

Muscogee Nation of Florida, Inc.

Attention: Ann Tucker 278 Church Road Bruce, Florida 32455

Until 2:00 P.M. LOCAL TIME on MAY 23, 2019, for furnishing labor and materials and performing all work set forth in the Invitation to Bid, Instruction to Bidders, Bid Form, Contract Documents, which include but are not limited to Exhibit A – Scope of Work and RESTORE Act Subaward Agreement for Federal Grant No. 1 RDCGR250060-01-00, which comprise the Bidding Documents. IMMEDIATELY FOLLOWING the scheduled closing time for the reception of bids, all bid proposals which have been submitted in accordance with the conditions of the Invitation to Bid, Instructions to Bidders and any Addenda issued in relation to this Project will be publicly opened and read aloud.

The Project to be bid upon is described as follows:

The Muscogee Nation Greenhouse project requires a licensed General Contractor to construct a new greenhouse on Parcel 20-1N-17-04000-037-0000, located at 278 Church Road, Bruce, Florida 32455. The project must include constructing the 40'x140' greenhouse on a 8,750 sf concrete pad. The greenhouse is to be designed with food safety, bio-security, energy efficiency and maximum environmental control, natural ventilation, A-frame peaked roof, insulated metal on north end wall, polycarbonate sidewalls, insect screening, automated shade system over the crop area, double door entry way, doors, horizontal air flow fans and meet all state and local codes, including wind load. See attached Scope of Work with drawing for additional details. Also attached for your reference is the RESTORE Act Subaward Agreement for Federal Grant No. 1 RDCGR250060-01-00.

Bidder is responsible for the delivery of its bid.

Bids received after the specified day and time will not be opened.

ONE ORIGINAL AND THREE (3) COPIES of each bid must be submitted on the prescribed bid form and accompanied by bid security in an amount not less than five percent (5%) of the base bid amount, on the prescribed form, payable to the Muscogee Nation of Florida, Inc. All subcontractors and suppliers shall be declared on the prescribed Subcontractors Declaration Form.

The successful Bidder will be required to furnish the necessary additional bond(s) for the faithful performance of the Contract, as prescribed in the Contract Documents.

All Bid Bonds, Payment and Performance Bond(s), Insurance Contracts and Certificates of Insurance shall be executed by a licensed resident agent of the surety or insurance company authorized to do business in the State of Florida. Further, the Surety or insurance company shall be duly authorized and qualified to do business in the State of Florida and shall have an A. M. Best rating of V-A or better and who is listed on the United States Treasury Department's T-list as acceptable to issue bonds for the applicable dollar amount.

The Bid may be withdrawn prior to the date and time of bid opening. Bids shall remain open and subject to acceptance for a period of thirty (30) calendar days after the date of bid opening, but the County at its sole discretion may release any Bid and Bid security. No bidder may withdraw its Bid for a period of thirty (30) calendar days after the date of Bid opening.

In order to perform work on public contracts, the successful Bidder shall have all licenses and permits required by federal, state, and local statutes, regulations and ordinances.

A non-mandatory pre-bid conference will be held at 2:00 P.M.

on MAY 16, 2019 at the Muscogee Nation of Florida, Inc.

278 Church Road Bruce, Florida 32455

Attendance at the pre-bid conference is not mandatory, but is highly recommended in order to ensure that contractors have a clear understanding of the project concept and requirements.

Contractors may attend in person or join the pre-bid meeting via conference call to 850-635-0655. Enter extension 261110 for conference bridge when prompted.

The Muscogee Nation of Florida, Inc. will award the bid to the lowest, most responsive responsible bidder that is most qualified to perform the job according to the specifications and qualifications listed in the Invitation to Bid. Bidders shall provide documentation that they can perform the required services along with documentation of past and present projects of this same nature, along with references. Failure to provide said documentation will result in bid being found non-responsive.

Before a Contract will be awarded for the Project contemplated herein, the

Muscogee Nation of Florida, Inc. will conduct such investigations as is necessary to determine the performance record and ability of the apparent low bidder to perform the size and type of Project specified under the Contract. Muscogee Nation of Florida, Inc.

reserves the right to reject bids from bidders whose past work performance with the County and other governmental agencies, including timeliness of completion of projects and history of payment to subcontractors or materialmen are deemed by the Muscogee Nation of Florida, Inc. to be unsatisfactory. The Bidder shall submit with its bid detailed written evidence of experience and current commitments necessary to allow the Muscogee Nation of Florida, Inc. to evaluate the bidder's qualifications. Failure to do so will result in bid being found non-responsive.

The Muscogee Nation of Florida, Inc. reserves the right to reject any or all Bid(s), and may postpone the award of the Contract for a period of time which shall not extend beyond thirty (30) calendar days from the bid opening date.

A person or an affiliate who has been placed on the convicted vendor list following a conviction for 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, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendors list.

Muscogee Nation of Florida, Inc., shall comply with Executive Order Number 11-02, dated January 4, 2011, and shall require that contractors utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of: (a) all persons employed during the contract term by the contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the Muscogee Nation of Florida, Inc..

SCOPE OF WORK

PROMOTION OF TOURISM IN THE GULF COAST REGION, INCLUDING RECREATIONAL FISHING

MUSCOGEE NATION OF FLORIDA MICRO FARM AGRITOURISM PROJECT

Walton County and the Muscogee Nation of Florida, Inc. are partnering on a Resource and Ecosystems Sustainability, Tourism Opportunities, and Revived Economies of the Gulf Coast States Project, under Award No. 1 RDCGR250060-01-00 project to promote tourism opportunities within the Gulf Coast Region. The objective of the project is to provide an agritourism destination, where tourist can learn the history and culture of Muscogee tribe, learn about micro farming and buy locally grown produce and farm raised fish.

The Muscogee Nation of Florida Micro Farm Agritourism project includes the items required to construct a new greenhouse on the Muscogee Nation of Florida, Inc. Property (Parcel ID 20-1N-17-04000-037-0000) located at 278 Church Road, Bruce, FL 32455. The project must include the items required to construct a greenhouse on a concrete pad according to state and local code and the following requirements:

Concrete pad

Grounds cleared and sturdy base prepared Approximately 8,250 square feet of surface area Must be able to support weight of 8 x 600 gal tanks (ZDEP Aquaponics by Nelson and Pate or equivalent) filled with water on the northeastern 50’ x 50’ section.

3000 psi concrete material See attached Plan

Greenhouse Design and Construction

Single bay approximately 40’ x 140’.

Greenhouse designed with food safety, bio-security, energy efficiency and maximum environmental control in mind.

Natural ventilation -or- evaporative cooling system with fans A greenhouse engineered to meet National Building Code. State-stamped engineered prints available A-frame peaked roof design with roof peak vents Insulated metal on the north end wall and roof area over fish and filter tanks Polycarbonate sidewalls and roof area over plants Automated peak vents and automated wall openings Insect screening and screen frame kit on window and peak vent openings Automated shade system over the crop area Horizontal air flow fans Doors and door framing kits Greenhouse Controller to automate all environmental control functions Double door vestibule entryway with air curtain (OPTIONAL) Manufacturer can supply qualified, experienced teams to build the greenhouse Must meet all state and local codes, including wind load.

Other Provisions

Contractor will be responsible for obtaining all Federal, State, and Local applicable permits.

Plan

SCOPE OF WORK

PROMOTION OF TOURISM IN THE GULF COAST REGION, INCLUDING RECREATIONAL

FISHING

MUSCOGEE NATION OF FLORIDA MICRO FARM AGRITOURISM PROJECT

I. DESCRIPTION OF GOODS/SERVICES PROCURED, OR PROJECT WORK.PLAN

Walton County desires to promote tourism opportunities within the Gulf Coast Region, including promotion of recreational fishing. The objective of this project is to provide an agritourism destination, where tourist can learn the history and culture of the Muscogee tribe, learn about micro farming and buy locally grown produce and farm raised fish. Additionally, the tribal artisans will provide a marketplace to sell handmade arts and crafts, including straw baskets, white oak baskets, natural herbal products, and shell artwork.

This project will promote tourism that will benefit the Bruce Community of rural interior Walton County by increasing agritourism into the relatively unlmown area through the creation of a Tribal Micro Fann that will have locally grown produce and farm raised fish, tribal arts and crafts, and interactive educational opportunities. With the development of the Micro Farm, lands owned by the Muscogee Nation of Florida will be visited by tourist as well as by schools located in the surrounding counties.

2. SCOPE OF SERVICES

The Muscogee Nation of Florida will create an agritourism destination using green house and aquaponics farming techniques for locally raised tilapia, organic vegetables, native blueberries, and bob white quail on seven acres of combined wetlands and farmland. The project site is located at 278 Church Road, Bruce, FL 32455.

Scope of Services for the Sub-Grantee (Muscogee Nation of Florida), will include the following:

Construction Services

• Construction of an Aquaponic Facility

• Construction of a 2000 Linear foot Walking Path in addition to existing path

Contractual Services

• Aquaponics Engineer

• Part-time Manager

• Part-time Market Specialist

• Part-time Fmm Assistant

• Part-time Farm Assistant

Please note that staff time will be required before, during, and after construction of the subject project.

It should be noted that the Muscogee Nation of Florida will be required to obtain all required Federal, State, and Local permits prior to start of any construction activities.

INSTRUCTIONS TO BIDDERS

MUSCOGEE NATION OF FLORIDA MICRO FARM

AGRITOURISM PROJECT (GREENHOUSE)

BID NO.: 019-024

DEFINED TERMS

The term "Bidder" shall mean one who submits a Bid directly to the Muscogee Nation of Florida, Inc., as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Responsible and Responsive Bidder" means a person or entity who has submitted a bid which conforms in all material respects to the requirements set forth in the Bidding Documents and has the capability, in all respects, to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. The term "Bidding Documents" includes the Invitation to Bid, Instructions to Bidders, Construction Contract with Exhibit A – Scope of Work, the Bid Form, and RESTORE Act Subaward Agreement for Federal Grant No. 1 RDCGR250060-01-00 (including all addenda issued prior to receipt of Bids). The term “A sealed bid” shall mean a bid which has been placed in an envelope and closed in such a manner that requires the closure be broken in order to open the envelope, and would likely reveal tampering if an attempt were made to open the bid before bid opening.

COPIES OF BIDDING DOCUMENTS

1. Complete sets of the Bidding Documents stated in the Invitation to Bid may be obtained on line at no charge at www.co.walton.fl.us/bids.aspx

2. Complete sets of Bidding Documents must be used in preparing bids; the Muscogee Nation of Florida, Inc. assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3. The Muscogee Nation of Florida, Inc. in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Project and do not confer a license or grant for any other use.

QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the Project, each Bidder shall submit with their bid detailed written evidence of experience completing projects of the nature and scope similar to the project described in this Invitation to Bid, documentation of current commitments, a copy of all applicable occupational and state contractor licenses, and such information as is required in the Questionnaire. Each Bidder must also be prepared to submit within five (5) business days of the Muscogee Nation of Florida, Inc.'s request, written evidence, such as licenses, financial data, previous experience, present commitments and other such data as may be requested by the Muscogee Nation of Florida, Inc. Each Bid must contain evidence of Bidder's qualification to do business in the State of Florida. Specifically, the Bidder shall have all licenses and permits required by federal, state, and local statutes, regulations and ordinances.

EXAMINATION OF CONTRACT DOCUMENTS AND SITE

1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or completion of the Project, including the time and cost in obtaining any necessary fee or permit (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or completion of the Project (d) study and carefully correlate Bidder's observations with the Contract Documents, (e) notify the Muscogee Nation of Florida, Inc. of any conflicts, errors or discrepancies in the Contract Documents, and (f) attend any mandatory pre-bid meeting. The Muscogee Nation of Florida, Inc. does not assume responsibility for the accuracy or completeness of the Contract Documents or for any additional reports, drawings and specifications that may be made available for viewing by the Muscogee Nation of Florida, Inc. to any Bidder on request.

2. Before submitting a Bid, each Bidder will, at the Bidder's own expense, make or obtain any additional information and data which pertain to the physical conditions (surface, subsurface, underground facilities) at or contiguous to the site which may affect cost, progress, performance or completion of the Project and which Bidder deems necessary to determine its bid for performing and completing the Project in accordance with the time, price and other terms and conditions of the Contract Documents.

3. On request, in advance, the Muscogee Nation of Florida, Inc. will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations.

4. Temporary construction facilities and storage of materials and equipment will be provided by Bidder.

5. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of these Instructions to Bidders including visiting the site to become familiar with local conditions that may affect the cost, progress, performance or completion of the Project; that without exception the Bid is premised upon performing and furnishing of the labor, services, equipment and materials required by the Contract Documents in accordance with such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and completion of the Project.

INTERPRETATIONS AND ADDENDA

1. All questions about the meaning or intent of the Contract Documents are to be directed in writing to Ann Tucker with the Muscogee Nation of Florida, Inc.

DIRECTING QUESTIONS TO ANY OTHER MUSCOGEE NATION OF FLORIDA, INC.

STAFF, PROJECT ENGINEER, OR ANY OTHER PERSON IS PROHIBITED AND

WILL RESULT IN BID BEING DISQUALIFIED. Interpretations or clarifications considered necessary by the Muscogee Nation of Florida, Inc. in response to such questions will be issued by Addenda disseminated to all parties recorded as having received the Bidding Documents. QUESTIONS MUST BE SUBMITTED TO ANN

TUCKER WITH THE MUSCOGEE NATION OF FLORIDA NO LATER THAN 12

O’CLOCK NOON ON, MAY 20, 2019. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

2. Addenda may be issued to modify the Bidding Documents as deemed appropriate by the Muscogee Nation of Florida, Inc.

BLACKOUT PERIOD

There shall be a blackout period during which no information shall be released regarding bids submitted to the Muscogee Nation of Florida, Inc. in response to an Invitation to Bid. This blackout period shall occur between the time bids are received at the Muscogee Nation of Florida, Inc. and the time the Muscogee Nation of Florida, Inc.

provides notice of an intended decision or until 30 days after opening the bids, whichever is earlier.

BID SECURITY

1. Each Bid must be accompanied by Bid security in an amount of five percent (5%) of the Bidder's base bid price made payable to Muscogee Nation of Florida, Inc., and in the form of a certified bank check or a Bid Bond on the form attached, issued by a surety authorized to conduct business in the State of Florida and having an A. M. Best rating of V A or better and who is listed on the United States Treasury Department's T-list as acceptable to issue bonds for the applicable dollar amount.

2. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract, and has furnished the required Performance and Payment Bond(s) and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Contract, or furnish the required Performance and Payment Bond(s) and Certificates of Insurance, within five (5) calendar days after the Notice of Award, the Muscogee Nation of Florida, Inc. may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders may be retained by the Muscogee Nation of Florida, Inc. until seven (7) calendar days after the Notice of Award, whereupon Bid security furnished by such Bidders will be returned.

3. Failure to submit an appropriate Bid security shall result in the Bid being declared unresponsive.

SUBSTITUTE OR "OR-EQUAL" ITEMS

The use of brand names is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. Equipment or materials determined by the Muscogee Nation of Florida, Inc. to be substantially equivalent to that equipment or materials specified by brand name will be considered for award.

CONTRACT TIME AND LIQUIDATED DAMAGES

Contractor shall begin construction immediately upon the issuance of the Notice to Proceed and shall complete the project by or before JULY 15, 2019. Failure to achieve completion within the designated time may result in the Muscogee Nation of Florida, Inc. imposing liquidated damages in the amount of FOUR HUNDRED SEVENTY-TWO AND 00/100THS DOLLARS ($472.00) per day. These liquidated damages represent a reasonable estimate of the Muscogee Nation of Florida, Inc.’s extra expenses and losses for denied use of the facility, financing costs, additional extended overhead, and any lost revenues. These liquidated damages do not constitute a penalty or forfeiture.

BID FORM

1. The Bidder shall use the Bid Form included with the Bidding Documents.

Failure to use the Bid Form shall result in the Bid being declared un-responsive. All blanks on the Bid Form must be completed in ink or by typewriter.

2. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested. The corporate address and state of incorporation must be shown below the signature.

3. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature.

4. All bids shall be notarized and names must be typed or printed below the signature. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). The contact person, address and telephone number for communications regarding the Bid must be shown.

5. Each bid must be accompanied by a Public Entity Crimes Form (PUR 7068), Certificate of Compliance with the Trench Safety Act, Section 553.60, Florida Statutes, et. seq., Questionnaire, Drug Free Workplace Certification, and a Subcontractor Declaration on the form provided stating the name, type of work to be performed, and percent of the total Base Bid from each subcontractor scheduled to perform more than 2% of the Project.

SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the bid security, Public Entity Crimes Statement (PUR 7068), Certificate of Compliance with the Trench Safety Act (if applicable), Subcontractors Declaration, Drug Free Workplace Certification, and other required documents. The Bid submission shall bear the notation "BID ENCLOSED" on the face of the envelope in large and conspicuous letters. Bidder is solely responsible for ensuring and verifying that its bid is in fact delivered to and received by the Muscogee Nation of Florida, Inc. by the submission deadline.

MODIFICATION AND WITHDRAWAL OF BIDS

1. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

2. Bids may not be withdrawn for a period of thirty (30) calendar days after the date of bid opening.

BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE

All bids shall remain open and subject to acceptance for a period of thirty (30) calendar days after the date of Bid opening, but the Muscogee Nation of Florida, Inc. at its sole discretion may release any Bid and return the Bid security prior to that date.

AWARD OF CONTRACT

1. The Muscogee Nation of Florida, Inc. reserves the right to reject any and all bids for any reason or for no reason as may be deemed necessary by the Muscogee Nation of Florida, Inc. to be in its best interest, including but not limited to bids from any contractor who has failed to successfully complete a previous project to the satisfaction of the Muscogee Nation of Florida, Inc. The Muscogee Nation of Florida, Inc. further reserves the right to waive any and all informalities, and reserves the right to reject all nonconforming, unresponsive, unbalanced or conditional Bids. The Muscogee Nation of Florida, Inc. reserves the right to reject the Bid of any Bidder if the Muscogee Nation of Florida, Inc. believes that it would not be in the best interest of the Project to make an award to that Bidder, because the Bid is not responsive or responsible, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Muscogee Nation of Florida, Inc. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Where numeric data is given both in Arabic numerals and in written language, and where there exists a discrepancy between an Arabic numeral and written language, the written language shall be presumed to be correct and the Arabic numeral presumed incorrect.

2. The Muscogee Nation of Florida, Inc. reserves the right to delete any Bid items and the total Bid shall be determined as the sum of the Bid items awarded. In evaluating Bids, the Muscogee Nation of Florida, Inc. will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, time of completion and other data, as may be requested in the Bid Form or prior to the Notice of Award. The Muscogee Nation of Florida, Inc. may conduct such investigations as the Muscogee Nation of Florida, Inc. deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and complete the Project in accordance with the Contract Documents to the Muscogee Nation of Florida, Inc.'s satisfaction within the prescribed time. The Muscogee Nation of Florida, Inc. may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Project when such data is required to be submitted prior to Notice of Award.

If the contract is to be awarded, it will be awarded to the responsible and responsive Bidder submitting the lowest bid whose evaluation by the Muscogee Nation of Florida, Inc. indicates to the Muscogee Nation of Florida, Inc. that the award will be in the best interest of the Project. The Muscogee Nation of Florida, Inc. will give the

Successful Bidder a Notice of Award within thirty (30) days after the day of the Bid opening.

BID PROTEST

Any person or entity whose bid is rejected, in whole or in part, or who submits a bid but is not awarded the contract, may protest such decision. Written notice of intent to file a bid protest must be submitted with the Purchasing Agent or Finance director within twenty-four (24) hours after the Board’s declaration of its intention with regard to an award. Written protest must be submitted to Purchasing Agent or Finance Director within ten (10) calendar days after filing written notice of intent.

Each written protest must be accompanied by a bid protest bond in the form of a certified check, cashier’s check or money order made payable to the Muscogee Nation of Florida, Inc., in an amount not less than five percent (5%) of the lowest responsible bid / proposal received by the Muscogee Nation of Florida, Inc.

The condition of the protest bond shall be that, should the protest be determined to be without merit and non-valid, the bond shall be forfeited to the Muscogee Nation of Florida, Inc. in its entirety.

PUBLIC ENTITY CRIMES

A person or an affiliate who has been placed on the convicted vendor list following a conviction for 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, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendors list.

BID FORM & SCHEDULE

TO: MUSCOGEE NATION OF FLORIDA, INC.

278 CHURCH ROAD

BRUCE, FLORIDA 32455

BID NO.: 019-024

The Muscogee Nation of Florida contact person for additional information on this proposal:

Name: Ann Tucker

Telephone Number: 850-835-4600

Email Address: muscogeenation@aol.com

Contractor's contact person for additional information on this bid (please provide)

Name: ________________________________________________ Title: ________________________________________________ Address: ________________________________________________

City/State/Zip: ________________________________________________

Phone: _______________________ FAX _____________________

BIDDER'S DECLARATION AND UNDERSTANDING

The undersigned, hereinafter referred to as the "Bidder," declares that the only persons or parties interested in this bid proposal are those named herein, that this bid proposal is, in all respects, fair and without fraud, that it is made without collusion with any employee or official of the Muscogee Nation of Florida, Inc., and that the bid proposal is made without any connection or collusion with any person submitting another bid proposal on this Project.

The Bidder further declares that it has visited the Project site, inspected the plans and specifications, examined all the Contract Documents, and has satisfied itself to the quantities involved, including materials and equipment and the conditions of work involved, mailto:muscogeenation@aol.com including the fact that the description of work and materials, as included herein, is brief and is intended only to indicate the general nature of the Project and to identify the said quantities with the detailed requirements of the Contract Documents, and this bid proposal is made according to the provisions and under the terms of the Contract Documents which are made a part of this bid proposal.

CONTRACT EXECUTION, CERTIFICATES OF INSURANCE AND BONDS

If this Bid is awarded to Bidder, Bidder agrees to acknowledge the terms and conditions of the Contract and return a signed Contract with any required Performance and Payment Bond(s) and Certificates of Insurance to the Muscogee Nation of Florida, Inc., within FIVE (5) calendar days after Notice of Award. Failure to do so will result in loss of surety.

START OF CONSTRUCTION AND CONTRACT COMPLETION TIME

The Bidder further agrees to begin work on the Project immediately upon the issuance of the Notice to Proceed and to complete the Project by or before JULY 15, 2019.

The Contractor shall comply with all specific completion dates and sequences indicated elsewhere in the Contract Documents.

ADDENDA

The bidder hereby acknowledges that it has received Addenda No.'s __________, __________, _________, (Bidder shall insert No. of each Addendum received) and agrees that all addenda issued are hereby made part of the Contract Documents, and the bidder further agrees that this bid proposal(s) includes all impacts resulting from said addenda.

SALES AND USE TAXES

The Bidder agrees that any and all applicable federal, state and local sales and use taxes that are incurred by the Bidder are included in the stated bid price for the Project.

LUMP SUM BID FOR THE MUSCOGEE NATION OF FLORIDA MICRO FARM

AGRITOURISM PROJECT (GREENHOUSE).

The Bidder agrees to accept as full payment for the work proposed under this Project, as specified in the Contract Documents which include but are not limited to Contract Exhibit A – Scope of Work and Federal Grant No. 1 RDCGR250060-01-00, and based upon the undersigned's own estimate of the quantities and costs, including the cost of any necessary fee or permit, the following lump sum of:

____________________________________________________________ Dollars and

____________________________ Cents ($______________).

BIDDER

The name and address of the Bidder submitting this Bid is:

Name: ____________________________________________________ Title: ____________________________________________________ Address: ____________________________________________________ City/State/Zip: ____________________________________________________ which is the address to which all communications concerned with the Bid and with the Contract shall be sent.

The names of the principal officers of the corporation submitting this bid proposal, or of the partnership, or of all persons interested in this bid proposal as principals are as follows:

DATED this ____ day of _____________________, 2019.

BIDDER: ____________________________

CORPORATE SEAL

IF APPLICABLE By: _________________________________

Printed Name: ________________________ As Its: _______________________________ Address: _____________________________

IF NOT A CORPORATION

STATE OF FLORIDA

COUNTY OF

Before me this day personally appeared ____________________ (Name of Bidder) _____________________ (Title) and ____________________ (Name of Bidder) ___________________ (Title) of (Address) __________________________, ______________, Florida __________ to me well known to be the persons described herein and who executed the foregoing instrument and who acknowledges that said execution was done freely and voluntarily for the uses and purposes therein expressed.

Witness my hand and seal this ___ day of _____________, 2019.

NOTARY PUBLIC

[SEAL] Commission No: __________________

My Commission Expires: ____________

IF CORPORATION

COUNTY OF

Before me this day personally appeared ____________________ (Name of Bidder) _____________________ (Title) and ____________________ (Name of Bidder) ___________________ (Title) of (Address) __________________________, ______________, Florida __________ to me well known to be the persons described herein and who executed the foregoing instrument and who acknowledges that they did so as officer(s) of said corporation all by and with the authority of the Board of Directors of said corporation.

Witness my hand and seal this ___ day of _____________, 2019.

[SEAL] Commission No: __________________

BID SCHEDULE

NOTE: BIDS shall include sales tax and all other applicable taxes and fees.

This is a LUMP SUM BID. The following Bid Schedule is intended as a general recap of the work involved, it is NOT an all-inclusive detail of everything required to do this job. It is the contractor’s responsibility to carefully review the plans, specifications, and project to determine what is needed to do the whole job, and to reflect this in his LUMP SUM BID. This basis of award will be the total base bid for the project. IF DURING THE BID

PROCESS, THE CONTRACTOR NOTICES A DISCREPANCY BETWEEN THE WORK REQUIRED AND THIS

BID SCHEDULE HE MUST BRING IT TO THE OWNER’S ATTENTION BEFORE THE BID DATE.

NO. ITEM QUANTITY PRICE

1. 8,250 sf Concrete Pad 1

2. 40’ X 140’ Single Bay Greenhouse 1

3.

4.

5.

6.

Total Lump Sum

NOTE: The prices listed above will be used as the basis for computing the value of any change orders either additive or deductive. THE OWNER RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS.

BID NAME: _________________________________ BID NO.: ________________

BID AMOUNT: $______________________________________________________Dollars and cents ($__________________________)

BIDDER: ____________________________________________________________

Respectfully submitted:

Signature Address

Title Date

License Number (if applicable)

(SEAL – if bid is by a corporation)

ATTEST:

FLORIDA BID BOND

BOND NO. ____________________

AMOUNT: $___________________

KNOW ALL MEN BY THESE PRESENTS, that _____________________________, hereinafter referred to as the "Principal", and ___________________________________, a corporation duly organized under the laws of the State of Florida having its principal place of business at _________________________________________ in the State of _______________ and authorized to do business in the State of Florida, as Surety, are held and firmly bound unto Muscogee Nation of Florida, Inc., hereinafter referred to as the "Obligee", in the full and just sum of 5% of the Contract Price, as lawful money of the United States of America, the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

CONDITION OF THIS BOND:

WHEREAS, the Principal contemplates submitting or has submitted a bid to the Muscogee Nation of Florida, Inc. for the furnishing of all labor, materials (except those specified to be furnished by the Muscogee Nation of Florida, Inc.), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the proposal.

WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5% of the Contract Price be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Muscogee Nation of Florida, Inc. for the performance of said Contract, within FIVE (5) consecutive calendar days after written notice is given of the award of the Contract.

NOW, THEREFORE, the conditions of this obligation are such that if the Principal, within FIVE (5) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the Muscogee Nation of Florida, Inc. and furnishes the

Performance and Payment Bonds, each in an amount equal to 100% of the bid selected by the Muscogee Nation of Florida, Inc., satisfactory to the Muscogee Nation of Florida, Inc., then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the Muscogee Nation of Florida, Inc. and the Surety herein agrees to pay said immediately upon demand to the Muscogee Nation of Florida, Inc. in good and lawful money of the United States of America, as liquidated damages, and not a penalty, for failure thereof of said Principal. Should litigation be necessary to enforce any term or provision of this Bid Bond or to collect any portion of the amount payable under this Bid Bond, then all litigation and collection expenses, witness fees, court costs and attorney's fees shall be paid to the prevailing party.

Signed and sealed this ____ day of __________________, 2019.

PRINCIPAL SURETY

BY: ____________________________ BY: ____________________________

ATTORNEY-IN-FACT

TYPED NAME & TITLE TYPED NAME & TITLE

PREVIOUS EXPERIENCE AND CURRENT COMMITMENTS

Invitation to Bid: MUSCOGEE NATION OF FLORIDA MICRO FARM AGRITOURISM PROJECT (GREENHOUSE) Bid No.: 019-024

Contractor:

PREVIOUS EXPERIENCE

Please list in reverse chronological order other projects of the same nature and scope that your company has completed.

Date of Project Name of Project Owner: Dollar Value of

Project Contact Name Phone Number and/or Email

CURRENT COMMITMENTS

Please provide a detailed list of your company’s current commitments which may potentially impact timely completion of this project.

Name/Nature of Project % Complete Anticipated Completion Date

PUBLIC CONSTRUCTION BOND

MUSCOGEE NATION OF FLORIDA MICRO FARM AGRITOURISM

PROJECT (GREENHOUSE)

BY THIS BOND, We _________________________________________________, as Principal and ___________________________________________, a corporation, as Surety, whose address is , , Florida , are bound to

Muscogee Nation of Florida, Inc., in the sum of ______________________________ DOLLARS

($________________), for the payment of which, we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that the Principal:

1. Performs the Contract dated ________________, 2019, between Principal and

Muscogee Nation of Florida, Inc. for the construction of a 40'x140' greenhouse on a 8,750 sf concrete pad. The greenhouse is to be designed with food safety, bio-security, energy efficiency and maximum environmental control, natural ventilation, A-frame peaked roof, insulated metal on north end wall, polycarbonate sidewalls, insect screening, automated shade system over the crop area, double door entry way, doors, horizontal air flow fans and meet all state and local codes, including wind load, the Contract being made a part of this bond by reference, at the times and in the manner prescribed in the Contract, and

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida

Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by

Principal in the prosecution of the work provided for in the Contract; and

3. Pays Muscogee Nation of Florida, Inc. all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Muscogee Nation of Florida, Inc. sustains because of a default by Principal under the Contract; and

4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force.

Any claims made against this bond shall be made in accordance with the notice and time limitations specified in Section 255.05(2), Florida Statutes.

Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect surety's obligation under this bond.

Venue for any litigation resulting from this bond shall be Walton County, Florida.

Signed and sealed this ____ day of __________________, 2019.

ATTEST: PRINCIPAL

By:__________________________ By: ____________________ (SEAL)

[PRINT NAME & TITLE]

ATTEST: SURETY

By:__________________________ By: _________________________

[PRINT NAME & TITLE]

W:\Board of County Commissioners\Legal Services\Legal\CONTRACTS\2016 CONTRACT FORMS\Public

SUBCONTRACTORS AND SUPPLIERS DECLARATION

To enable the Muscogee Nation of Florida, Inc. to evaluate the Bidder's qualifications to perform the Project, the Bidder shall list in the spaces below each Subcontractor, Supplier and Materialman whom the Bidder intends to award a subagreement in excess of two percent (2%) of the proposed total contract price. FAILURE TO IDENTIFY SAID SUBCONTRACTORS, SUPPLIERS, OR

MATERIALMEN OR TO INDICATE THAT NO SUBAGREEMENT IN EXCESS OF 2 PERCENT

(2%) OF THE PROPOSED TOTAL CONTRACT IS INTENDED TO BE AWARDED MAY RESULT

IN YOUR BID BEING FOUND NON-RESPONSIVE. List the Subcontractors, Suppliers and Materialmen in descending order, from the highest percentage to the lowest percentage.

The Bidder certifies that the following subcontracting, supplier, or materialman firms, if acceptable to the Muscogee Nation of Florida, Inc., shall be awarded subcontracts for the following portions of the Project in the event that the Bidder is awarded the contract. IN THE EVENT BIDDER IS AWARDED

THE CONTRACT FOR THIS PROJECT, ANY CHANGES TO THE FOLLOWING LIST OF

SUBCONTRACTORS, SUPPLIERS, OR MATERIALMAN FIRMS MUST BE AUTHORIZED IN

WRITING BY THE MUSCOGEE NATION OF FLORIDA, INC.

SUBCONTRACTORS

WORK TO BE PERFORMED

NAME & ADDRESS

PERCENTAGE OF

PROPOSED TOTAL

CONTRACT PRICE

NO SUBAGREEMENT IN EXCESS OF 2 PERCENT (2%) OF THE PROPOSED TOTAL

CONTRACT IS INTENDED TO BE AWARDED

Bidder’s Initials:

(If additional space is needed, please attach a separate page.)

MATERIALMEN

MATERIAL(S) TO BE

SUPPLIED

NAME & ADDRESS PERCENTAGE OF

PROPOSED TOTAL

CONTRACT PRICE

PUBLIC ENTITY CRIMES

This sworn statement is submitted to The Muscogee Nation of Florida, Inc., Walton County, Florida by ____________________________________________, who holds the position of _________________________________________________, [Title] for _____________________________________________________________, whose [name of entity submitting sworn statement] business address is _____________________________________________________, and, if applicable, its Federal Employer Identification Number (FEIN) is: ___________.

(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: __________________.)

I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders.

Sworn Statement Under Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes

This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths:

I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means:

o A predecessor or successor of a person convicted of a public crime; or o An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime.

The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that "person" as defined in Paragraph 287.133(l)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.]

__________ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

__________ The entity submitting this sworn statement, or one or more of its officers, active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

__________ The entity submitting this sworn statement, or one or more of its officers, active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order]

I understand that the submission of this form to the contracting officer for the Public Entity Identified in Paragraph ONE (1) above is for that Public Entity only and, that this form is valid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the Public Entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for category two of any change in the information contained in this form.

BIDDER: _____________________________

By: __________________________________ Printed Name: _________________________ As Its: ________________________________

Date: ________________________________

COUNTY OF ___________

Personally appeared before me, the…