2-B. INSTRUCTIONS TO BIDDERS.pdf

BIDDING REQUIREMENTS

- INSTRUCTIONS TO BIDDERS -

1. AMERICANS WITH DISABILITIES ACT

Pasco County does not discriminate upon the basis of any individual’s disability status. This non- discrimination policy involves every aspect of the County’s functions including one’s access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation to the solicitation documents or for the public meetings related to any solicitation should contact the Purchasing staff member named on the solicitation summary at least twenty- four (24) hours in advance of the meeting.

Requests for accommodation may also be directed to the Human Resources Department, Internal Services Building, 7536 State Street, New Port Richey, FL 34654 at (727) 847-8030 or at (727) 847-8949 if you are hearing impaired. Please be advised that if you contact the County by email, your email address will become a public record and may be subject to disclosure under the Florida Public Records Act.

2. ASSIGNMENT OF THE CONTRACT

No successful BIDDER may make any assignment of any resulting Agreement between the parties, in whole or in part, without the prior written authorization of the BOARD, which authorization shall remain the exclusive option of the BOARD or its designee, the COUNTY

ADMINISTRATOR.

3. AWARD OF CONTRACT; REJECTION OF BIDS

3.1. The apparent low BIDDER will be so notified by COUNTY staff, and shall be required, upon receiving such notice, to complete the Contractor Responsibility Survey form provided as part of this solicitation and provide all information and documentation requested therein. If, after reviewing the responsibility survey and accompanying submissions, the COUNTY elects to reject the apparent low bidder based on its responsibility evaluation, the COUNTY may perform the same responsibility evaluation, in succession, with each apparent next lowest bidder until the contract is awarded to a suitable candidate or withdrawn.

3.2. The BOARD shall award a contract to the lowest responsive and responsible BIDDER, provided that the Bid Proposal of said BIDDER is considered, in the sole discretion of the BOARD, to be reasonable and in the best interests of the COUNTY to accept. No award of the contract shall be made until the BIDDER who has received from the COUNTY a Notice to Apparent Low Bidder and a Notice of Intent to Recommend Award has submitted to the COUNTY a performance bond, payment bond, and any and all insurance certificates and such other further documentation as may be required by the COUNTY as a condition precedent to such an award.

3.3. A Bid Proposal may be rejected upon the failure of an apparent low BIDDER to provide to the COUNTY in a timely fashion any such required documentation. The COUNTY, in its sole discretion, reserves the right to reject any and all Bid Proposals and to waive any informality concerning Bid Proposals whenever such rejection or waiver is deemed by the COUNTY to be in the best interests of the COUNTY.

Likewise, the COUNTY reserves the right to reject the Bid Proposal of any BIDDER that has previously failed to perform properly, or to complete on time, contracts of a similar nature; that is not, or does not appear to the satisfaction of the COUNTY, in a position to perform the contract; or that has habitually, and without just cause, neglected the payment of bills or otherwise disregarded its obligations to subcontractors, material men, or employees.

3.4. The ability of a BIDDER to obtain a performance bond or a payment bond shall not be regarded as the sole test of the competency or responsibility of any BIDDER. In those situations where the lowest responsible and responsive bid exceeds the COUNTY's budget amount, the COUNTY reserves the right to purchase by negotiation as provided by the Pasco County Code of Ordinances.

4. BIDS

4.1. Bid Package. The Instructions to Bidders, the General Conditions of the Contract, the Bid Proposal, and the Agreement, together with all other documents identified in Article I of the General Conditions of the Contract, constitute the entire Bid Package, and upon award, shall constitute the Contract Documents, as defined in the General Conditions, concerning the above-referenced Project. Said Bid Package must be the basis upon which all Bid Proposals are offered.

4.1.1. One (1) fully completed and executed original Bid Proposal, along with any other documentation required by this Bid Package, must be uploaded through the County’s electronic solicitation system, Bonfire, unless otherwise indicated in the advertisement for proposals, at the time and place herein specified. Errors in any Bid Proposal submitted may result in the rejection or disqualification of the Bid Proposal. No BIDDER is required to return the Instructions to Bidders, Conditions of the Contract, or Agreement with their bids, unless specified elsewhere in this Bid Package. The BIDDER must manually sign the Bid Proposal. All forms must be printed, completed, and signed (if noted), and submitted via Bonfire for the designated solicitation.

All forms must be signed in blue or black ink in order to be considered.

4.2. Prices (Bid Proposals). Prices must be quoted only upon the Bid Proposal form identified as the Bid Proposal, and no other Bid Proposals will be accepted. Bid Proposals may not be amended or otherwise changed by any writing other than on the BIDDER’S electronic Bid Proposal submission in Bonfire; and any written external communication by a BIDDER may be construed by the COUNTY as indicating a withdrawal of the proffered electronic Bid Proposal to which the communication relates (thereby causing the BIDDER to have issued no bid for consideration by the County). All prices quoted are to be F.O.B. for the designated Project site in Pasco County, Florida.

4.3. Execution of Bids. When a BIDDER is a partnership, the Bid Proposal shall be signed in the name of the firm and by all partners required to do so under the terms of their partnership agreement. When a corporation or limited liability company is a BIDDER, the authorized director or officer signing the Bid Proposal shall set out the legal name of the entity in full, beneath which said director or officer shall sign his or her name and give the title of his or her office, and the Bid Proposal shall bear the seal of the corporation. Anyone signing the Bid Proposal as an agent for the BIDDER must file with the Bid Proposal legal evidence of the authority to do so. A BIDDER that is a corporation, a limited liability company or a limited partnership shall furnish to COUNTY staff a duly certified copy of its permit, certificate of registration with the Florida Secretary of State, or other authorization, if any, to transact business in the State of Florida, preferably along with the Bid Proposal, and no later than forty-eight

(48) hours after any request for the same is made by the COUNTY. In addition, any such authorization must be effective as of the date of the Bid Proposal. Failure to submit evidence that the BIDDER qualifies to transact business in the State of Florida as stated above may be the basis for rejection of the Bid Proposal.

4.4. Other Responsibilities of the BIDDER. The BIDDER is solely responsible for reading and completely understanding the terms, conditions, and other requirements of the Contract Documents, as defined in the General Conditions. The Bid opening time shall be scrupulously observed. Under no circumstances will Bid Proposals delivered after the delivery time specified be considered. Late Bid Proposals will not be accepted.

4.5. Business Name Requirement. The Offeror must provide on the Bid Proposal, and if awarded, on all remittance of invoices for payment, the business name that is provided on their W9 Form. Additionally, if there is a name change and/or EIN number that is changed at any time, the Offeror must immediately notify the Purchasing Department as to the change and provide all supporting documentation.

4.6. Withdrawal or Modification of Bids. Prior to the bid closing date and time as indicated on the Bonfire solicitation page for this solicitation, Bid Proposals may be withdrawn by the BIDDER only through Bonfire. Except as specifically provided herein, no BIDDER may modify or withdraw a bid after the appointed bid closing time. Negligence on the part of the BIDDER in preparing its Bid Proposal confers no right of withdrawal or modification of its Bid Proposal after the solicitation has closed on Bonfire. Said Bid Proposals and any bid security shall be in force for a period of not less than one-hundred twenty (120) days after the bid opening time. Further, said bid security and Bid Proposal shall continue in force after said period of one-hundred twenty (120) days, until thirty (30) days following the date of receipt by the COUNTY of written notice from the BIDDER of its intent to withdraw its Bid Proposal, or until the date specified in said written notice as the expiration date of the Bid Proposal, whichever is later. The aforementioned bid security or Bid Proposal times will remain in effect irrespective of whether an award has theretofore been made by the COUNTY. Notwithstanding the provisions of the preceding sentence, the BIDDER may extend its Bid Proposal at any time prior to the scheduled expiration thereof.

BIDDER may not assign or otherwise transfer their Bid Proposals prior to, or after, the Bid Proposal opening time.

4.7. Opening of Bids. At the time and place fixed for the opening of Bid Proposals (see above), every Bid Proposal properly submitted via the County’s electronic solicitation system, Bonfire, within the time fixed for receiving Bid Proposals, will be electronically opened through a virtual meeting as indicated on the cover page for this specific solicitation and publicly read aloud, irrespective of any irregularities found therein. Any BIDDER and other persons interested may be present or represented on the virtual meeting.

4.8. Power of Attorney. Attorneys-in-fact who sign bonds or other surety instruments must attach with each bond or surety instrument an effective and certified power of attorney.

4.9. Bidder’s Request for Interpretation of Contract Documents. No interpretation of the meaning of the Drawings, Specifications, or other Contract Documents, as defined in the General Conditions, will be made to, or if made may be relied upon by, any BIDDER except as expressly noted below. Every request for such interpretation must be submitted in writing to the Pasco County Purchasing Department through the Vendor Discussions tab in the Messages section of this solicitation’s page on Bonfire.

To be given consideration, such requests must be received prior to the question deadline as set by the solicitation. Any and all such interpretations from bidders and any supplemental instructions will be in the form of a written addendum which, if issued, will be posted on the Bonfire page for this solicitation (https://pascocountyfl.bonfirehub.com/) not later than five (5) days prior to the bid closing date. Failure of any BIDDER to acknowledge any such addendum or interpretation shall not relieve said BIDDER from any obligation imposed in such addendum. All addenda so issued shall become part of the Contract Documents, as defined in the General Conditions, when the COUNTY has provided addenda within the time frame stated above. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications of this solicitation.

4.10. Site Examination. Before submitting a Bid Proposal, every BIDDER should examine publicly available information regarding site conditions, submit any questions about the site conditions to the Pasco County Purchasing Department through the Vendor Discussions tab in the Messages section of this solicitation’s page at the link at https://pascocountyfl.bonfirehub.com, and attend any site visits offered by the County. The BIDDER shall satisfy itself as to: (1) the nature and location of the Work;

(2) the location of existing utilities; (3) subsurface conditions; (4) the character, quality and quantity of all materials needed for the performance of the Work; (5) the kind and extent of the equipment, labor and other resources or facilities needed for the performance of the Work; (6) the general and local conditions, as well as all difficulties that may be encountered, including but not limited to weather conditions;

and (7) all other items which may in any way affect or impact the Work or its performance. No pleas of ignorance of conditions or difficulties that may exist prior to the bid opening time, or of conditions or difficulties that may be encountered in the execution of the Work pursuant to this bid package as a result of a failure to investigate as provided above, will be accepted as an excuse for any failure or omission on the part of the successful BIDDER (i.e., the CONTRACTOR) to fulfill, in every detail, all of the requirements of the Contract Documents, as defined in the General Conditions, nor will they be accepted as a basis for any claims whatsoever for extra compensation, or for any extension of time.

https://pascocountyfl.bonfirehub.com/

5. BID BONDS AND OTHER BID SECURITIES

A bid bond or other security is required with this bid. Either cash, a certified check, a cashier's check, an irrevocable letter of credit or in the alternative, a Bid Bond completed and signed by all required parties shall be required to accompany each Bid Proposal in a stated dollar amount which equals not less than five percent (5%) of the sum of the computed total amount of the Bid Proposal of the BIDDER. The BIDDER shall use the Bid Bond form provided in the Bid Proposal. Any submitted certified check, cashier's check, or irrevocable letter of credit submitted in lieu of a bid bond shall be drawn on a solvent bank or trust company authorized to do business in Florida, payable to the order of the Pasco County Board of County Commissioners, and shall have all necessary documentary revenue stamps attached, if required by law. Sureties on Bid Bonds shall be companies authorized to do business in the State of Florida; all such bonds shall be issued or countersigned by a local producing agent who is licensed in the State of Florida and satisfactory evidence of the authority of the person or persons executing such bonds shall be submitted with the bond.

Personal and corporate checks are not acceptable to the COUNTY. Any deviation from these requirements may result in rejection of a bid as non- responsive.

6. BID ERRORS

The BIDDER should initial erasures or corrections in any Bid Proposal in ink. The COUNTY shall reject any Bid Proposal with such erasures or corrections where County staff concludes it cannot determine with certainty the accuracy or intent of said Bid Proposal, as corrected.

In the case of unit price contracts, if an error is committed in the extension of an item, the unit price as shown in the Bid Proposal will govern. Unit prices will be utilized to adjust the total compensation due the successful BIDDER based on actual quantities encountered. No negotiation of these unit prices after contract award will be allowed. Significant changes in quantities, including total deletions, are possible. Therefore, each BIDDER shall proportionately distribute overhead and profit across the unit prices.

7. BRAND NAMES, REQUESTED INFORMATION, AND DESCRIPTIVE LITERATURE

7.1. In instances where the Contract Documents, as defined in the General Conditions, make this subject applicable, any use therein of brand names, manufacturer's makes, trade names, information and/or catalog numbers are so used for the purpose of providing description and for establishing acceptable quality levels. Such references are not intended for the purpose of placing restrictions upon a BIDDER (other than as to quality), and any BIDDER may propose and describe brands believed to be equal or better than the otherwise-specified brand. The burden of proof that the brand proposed by the BIDDER is in fact equal to that referenced in the Contract Documents, as defined in the General Conditions, lies exclusively with the BIDDER. In the event that either COUNTY staff or the Professional determines that the equal proposed by the BIDDER does not meet the specifications, the successful BIDDER shall be required to provide the named brand item, or an equal acceptable to the County, at no additional cost to the County.

7.2. Each BIDDER must furnish all requested information in the spaces provided on the Bid Proposal. Additionally, where required pursuant to the provisions of this bid package, each BIDDER must submit the following with their Bid Proposal: catalog cuts, sketches, descriptive literature, and/or complete specifications relative to the items proposed and offered. References to previously submitted material concerned with previous Bid Proposals are not acceptable to the COUNTY.

8. COLLUSION AMONG BIDDERS

Each Bidder, by submitting a bid, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any or all bids shall be rejected if there is any reason for believing that collusion exists among the bidders. Pasco County may or may not, at its discretion, accept future bids for the same work from participants in such collusion. More than one (1) bid from an individual, firm, partnership, cooperation, or association under the same or different names may be rejected. Reasonable grounds for believing that a Bidder has interest in more than one (1) bid for the work being bid may result in rejection of all bids in which the bidder is believed to have interest. Nothing in this clause shall preclude a firm acting as a subcontractor to be included as a subcontractor for two (2) or more primary contractors submitting a bid for the work.

9. COMMUNICATIONS DURING SOLICITATION AND LOBBYING PROHIBITION

9.1. Communicating with or lobbying of evaluation committee members, county government employees, or elected officials (including County Commissioners) (collectively “County Persons”) regarding requests for proposals, requests for qualifications, bids, or contracts by the Bidders or any member of the Bidder's staff, an agent of the Bidder, or any person employed by any legal entity affiliated with or representing an organization that is responding to the requests for proposal, requests for qualification, bid or contract outside a publicly noticed meeting specifically called to address this particular solicitation is strictly prohibited. Nothing herein shall prohibit a prospective Bidder from contacting the Purchasing Director, or Purchasing staff identified in this solicitation, to address concerns or grievances or receive clarification about a particular procurement.

9.2. For purposes of this provision lobbying activities shall include, but not be limited to, influencing, or attempting to influence action or non-action in connection with any requests for proposals, requests for statements of qualifications, invitations for bids, related processes, or contracts through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any proposal, statement of qualification, bid, contract or any other response to be rejected.

9.3. The prohibition on communication with County Persons by Bidders and their representatives regarding a procurement in which they have a pecuniary interest begins upon issuance of the solicitation and ends upon final award, when the protest is finally resolved, or when the procurement process is otherwise concluded, whichever occurs later. This prohibition does not apply to communication on other matters in which a Bidder may have an interest outside of the solicitation.

10. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT

All material, equipment, etc., as proposed and offered by a BIDDER, in instances where applicable due to the nature of the bid matter with which this bid package is concerned, must meet, and conform to all O.S.H.A. requirements as set forth in Subpart E of the O.S.H.A. Standards for Construction (29 CFR 1926), as amended. The signature of the BIDDER or of the authorized representative thereof upon the Bid Proposal shall constitute certification of such fact.

11. CONDITION OF MATERIALS AND PACKAGING

In instances where the Specifications make this subject applicable (and unless otherwise indicated), all goods and items offered for sale and/or shipped by the successful BIDDER pursuant to the requirements imposed upon said BIDDER by this bid package, will be new and of good quality; all related containers being new and suitable for storage and shipment;

and all prices shall include the cost of standard commercial packaging. The successful BIDDER shall be solely responsible for making any and all claims against carriers as concerns missing or damaged items.

12. CONFLICT OF INTEREST

The Bidder, by submission of its Bid Proposal, certifies that to the best of his/her knowledge or belief, no elected/appointed official or employee of Pasco County is financially interested, directly or indirectly, in the offer of goods or services specified in this invitation.

13. CONTRACTOR LICENSING, REGISTRATION, AND CERTIFICATION

13.1. Each BIDDER shall be properly licensed, registered, and/or certified, as necessary, or otherwise appropriate, by the State of Florida, Pasco County, and/or any municipality in Pasco County, for each category of Work specified in this bid. The County reserves the right to request copies of such licenses, registrations, or certifications.

13.2. For categories of work that are exempt from licensing, registration, and/or certification requirements under Florida Statute, but where certification by the Florida Department of Transportation is available, the BIDDER shall be certified by the Florida Department of Transportation in each category, as necessary or otherwise appropriate.

13.3. All required licenses, registrations, and/or certifications must be current and effective as of the Bid Opening date and must be maintained throughout the life of the contract. Failure to be properly licensed, registered, and/or certified as of the Bid Opening date will result in rejection of the bid as non-responsive, and at any other time during the life of the contract shall constitute sufficient grounds for a declaration by the COUNTY that the CONTRACTOR is in default and for termination of the contract for cause by the COUNTY.

14. CONTRACTUAL OBLIGATIONS

The successful BIDDER may not sublet or subcontract any of the contractual obligations concerning this bid matter except as provided for in the written contract between the COUNTY and the CONTRACTOR. This statement does not prohibit subcontracting of the Work but does prohibit subcontracting overall management obligations pertaining to the Work, or any substantial component thereof, and not more than eighty percent (80%) of the Work, as measured against the Bid Price, shall be subcontracted under any circumstances.

This limitation on subcontracting shall not apply to any aspect of the Work that involves the supply of equipment or materials alone. The CONTRACTOR shall retain ultimate liability for all contractual obligations.

15. DEBARMENT

By submitting a bid, the Bidder certifies that it is not currently debarred from submitting bids for contracts issued by any political subdivision or agency of the Federal Government of the United States, an agency of the State of Florida, or an agency within the Tampa Bay- Clearwater-St. Petersburg Metropolitan Statistical Area (MSA) and that it is not an agent of a person or entity that is currently debarred from submitting bids for contracts issued by any agency noted herein. The Bidder also certifies that the components used in the production of the commodities offered herein are not supplies by a vendor who currently is debarred from submitting bids for contracts issued by any political subdivision or agency of the Federal Government of the United States, an agency of the State of Florida, or an agency within the Tampa Bay-Clearwater-St. Petersburg Metropolitan Statistical Area (MSA).

16. DEVIATIONS

No material deviations or exceptions shall be accepted with the Bid Proposal. This shall not preclude the proposal of substitute brand names, pursuant to paragraph 7 above.

17. EXECUTION OF WRITTEN CONTRACT

The BIDDER receiving from the COUNTY a Notice of Intent to Recommend Award will be required to sign and submit to the COUNTY, within ten (10) days after the issuance of said notice, a written agreement that has been made a part of this bid package and identified as the Agreement. Said written agreement will evidence in written form the contract to be made by the COUNTY following award by the BOARD to the successful BIDDER. For Projects involving funds from EPA, the ten (10)-day period will not begin to run until after the COUNTY has received approval of the award by DEP and/or EPA, as applicable. The Contract shall be contingent upon the timely provision by the BIDDER to the COUNTY of all documentation required by these Contract Documents and may be unilaterally terminated by the COUNTY for cause upon the failure of the BIDDER to supply said bonds, insurance certificates and other required documentation within the time frames set forth in the Contract Documents.

18. E-VERIFY REQUIREMENT

18.1. A contractor or consultant entering into a contract with a public entity (such as the COUNTY) is required to be registered with the U.S. Dept. of Homeland Security’s E- Verify System and to utilize it to verify the work authorization status of all newly hired employees throughout the term of the contract. The contractor or consultant shall also be required to obtain and retain affidavits from all subcontractors or subconsultants utilized during the contract verifying that they do not employ, contract with, or subcontract with any unauthorized aliens as that term is defined in 8 U.S.C. § 1324a(h)(3). The failure to comply with this requirement constitutes grounds for termination of the contract and for such other penalties as provided under section 448.095, Florida Statutes.

18.2. If a public employer has terminated a contract with a contractor for failure to comply with the requirements of the paragraph above, the contractor may not be awarded a public contract for at least one year after the date on which the contract was terminated.

18.3. The County reserves the right to request verification of compliance from its consultants and contractors during the term of its contract with the COUNTY and for a period of up to five (5) years thereafter. Should a COUNTY-retained consultant, contractor, and/or its subconsultants be found to be non-compliant with E-Verify as part of a federal audit or other inquiry, the consultant, contractor and/or its subconsultant(s) will be solely responsible for the payment of any fines or costs imposed upon the county as a result of such non-compliance. Compliance with this section is mandatory for all projects.

19. LAWS AND REGULATIONS

All applicable Federal, State, and local laws, ordinances, rules, and regulations shall apply to this Agreement throughout, and they will be deemed to be included in the Agreement as though herein written. Florida law will govern all questions concerning implementation and execution of this contract and shall also be controlling in any cause of action brought pursuant to this contract.

20. NON-APPROPRIATION

All funds for payment by Pasco County under this contract are subject to the availability of an annual appropriation for this purpose by Pasco County. In the event of non-appropriation of funds by Pasco County for the services provided under the contract, Pasco County will terminate the contract, without termination charge or other liability, on the last day of the then- current fiscal year or when the appropriation made for the then-current year for the services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Bidder on thirty (30) days' prior written notice, but failure to give such notice shall be of no effect, and Pasco County shall not be obligated under this contract beyond the date of termination.

21. NON-DISCRIMINATION (DISCRIMINATORY VENDOR LIST)

21.1. During the performance of this Agreement, the BIDDER herein assures the COUNTY that said BIDDER is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and The Florida Civil Rights Act of 1992 in that the BIDDER does not on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against the employees of the BIDDER or its applicants for employment. The BIDDER understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the BIDDER herein assures the COUNTY that said BIDDER shall comply with Title VI of the Civil Rights Act of 1964 when any Federal grant is involved. Other applicable Federal and State laws, executive orders and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its protective range of applicability.

21.2. Pursuant to Subsection 287.134(2)(a), Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to the state or any department or agency of this state (“public entity”); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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.

21.3. The BIDDER agrees to include this provision in all subcontracts issued under this solicitation.

22. OFFICIAL DOCUMENTS

The Pasco County Board of County Commissioners (Pasco County) is not responsible for expenses incurred prior to award. Pasco County officially distributes solicitation documents through an electronic solicitation system, which can be accessed by following the link to the Bonfire website at https://pascocountyfl.bonfirehub.com.

Solicitation documents MUST be downloaded at NO COST using this system. Copies of solicitation documents obtained from other sources are not considered official and should not be relied upon. Pasco County is not responsible for solicitation documents obtained from sources other than Bonfire. Only vendors who properly register and obtain solicitation documents directly from Bonfire will receive addenda and other important information if issued. Vendors are responsible for acquiring knowledge of changes, modifications, or additions to official solicitation documents.

Vendors who submit responses and later claim they did not receive complete documents or had no knowledge of any change, modifications, or additions made to the official solicitation documents shall still be bound by the solicitation, including any changes, modifications, or additions to the official solicitation documents. IF

YOU OBTAINED A SOLICITATION DOCUMENT FROM A SOURCE OTHER THAN THE SITE

LISTED AT THE LINK ABOVE, IT IS REQUIRED THAT YOU REGISTER AS A VENDOR AND

DOWNLOAD THE OFFICIAL DOCUMENT AT THE WEBSITE LISTED AT THE LINK ABOVE

AT NO COST.

23. PERFORMANCE BOND AND PAYMENT BOND

23.1. A Performance Bond and Payment Bond will be required regardless of the award amount of this Agreement.

23.2. A Performance Bond is required from the successful Bidder and shall be issued in a sum equal to one hundred percent (100%) of the total awarded contract amount by a surety company considered satisfactory by the COUNTY and authorized to transact business in the State of Florida and shall be provided by the successful BIDDER for purposes of insuring the faithful performance of the obligations imposed by the resulting contract.

23.3. A Payment Bond is required from the successful Bidder and shall be issued in a sum equal to one hundred percent (100%) of the total awarded contract amount by a surety company considered satisfactory by the COUNTY and authorized to transact business in the State of Florida and shall be provided by the successful BIDDER for purposes of protecting the County from lawsuits for non-payment of debts as might be incurred during the performance by the successful BIDDER under such contract.

23.4. The Performance Bond and Payment Bond forms have been included in the Contract Documents, as defined in the General Conditions, and said forms must be properly https://pascocountyfl.bonfirehub.com/ executed by the surety company and the successful BIDDER and submitted to COUNTY staff within ten (10) days after issuance of Notice of Intent to Recommend Award by the COUNTY PURCHASING DIRECTOR. In lieu of the bonds required by this section, the successful BIDDER may file with the COUNTY an alternative form of security that shall be in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit, or a security of the type listed in Part II of Chapter 625, Florida Statutes. Such alternative forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable to the bonds required by this section. The determination of the value and acceptability of such alternative forms of security shall be made exclusively by the COUNTY.

24. PUBLIC ENTITY CRIMES STATEMENT

Pursuant to Sections 287.133(2) and (3), 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 response to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit response for 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 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 vendor list. Additionally, a conviction of a public entity crime may form the basis for the rejection of a bid, offer, or proposal by the COUNTY, or for termination of a contract with the COUNTY. The COUNTY may make inquiries regarding alleged convictions of public entity crimes at any time. The unreasonable failure of a BIDDER to promptly supply information in connection with any such inquiry shall be adequate grounds for rejection of a bid, offer, or proposal, or for termination of a contract. The BIDDER agrees to include this provision in all contracts it issues resulting from this solicitation.

25. TAXES

All bids shall be submitted exclusive of direct Federal, State, and local taxes;

however, if the Bidder believes certain taxes are properly payable, he/she may list such taxes separately in each case directly below the respective item bid price. Prices quoted must be in units specified and shall not include the cost of any such taxes, including those on any material, supplies, or equipment used or installed in the work.

Pasco County does not pay Federal Excise and Sales Taxes on direct purchases of tangible personal property. See Exemption Number on face of the resulting purchase order. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for improvement of County-owned real property. Please refer to Chapter 192, Florida Statutes.

26. TIME IS OF THE ESSENCE; LIQUIDATED DAMAGES

Each BIDDER is reminded that time is of the essence of this Agreement, and failure to complete the Work on time shall constitute a material breach of the Agreement, the basis for a determination of the default of the CONTRACTOR, and termination of the Agreement for cause. If the Contract Documents, as defined in the General Conditions, so indicate, an amount determined for liquidated damages at the daily rate specified shall be assessed against the successful BIDDER not complying with a stated delivery time or performance time (or similarly stated information) as found in the Agreement.

27. SECURITY FORFEITURE

If within ten (10) days after the issuance of the Notice of Intent to Recommend Award, the successful BIDDER refuses, or otherwise neglects, to execute and deliver the required Agreement, or fails to furnish the required Performance and Payment Bonds, or acceptable alternative forms of security as stipulated herein, or any required insurance certification, the amount of the bid security provided by said BIDDER, whether cash, check, Bid Bond, or some other acceptable form, or any combination of these, may be forfeited, and the BIDDER shall be excluded from further consideration for award of the bid. No plea of mistake in the bid or misunderstanding of the conditions of forfeiture shall be available to the BIDDER for the recovery of its bid security, or as a defense to any action based upon the neglect or refusal to execute the required Agreement, and/or to furnish the required bonds and/or applicable insurance certification.

28. SCRUTINIZED COMPANIES AND OTHER PROHIBITED ENTITIES OR ACTIVITIES

28.1. A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the County for goods or services of:

(a) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or

(b) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company:

1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s.

215.473; Florida Statute, or

2. Is engaged in business operations in Cuba or Syria.

28.2. By signing this Agreement, the BIDDER certifies that it is not participating in a boycott of Israel, is not on any of the aforementioned lists, and it does not have business operations in Cuba or Syria. The BIDDER agrees to notify the COUNTY if placement on any of the aforementioned lists occurs or if the BIDDER is engaged in a boycott of Israel or has business operations in Cuba or Syria.

28.3. The COUNTY may terminate this Agreement if the BIDDER’s certification above is found to be false; has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel; has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List; or has been engaged in business operations in Cuba or Syria. In addition to possible termination of this Agreement based on the above grounds, the County will comply with section 287.135, Florida Statutes, regarding submittal of a false certification.

29. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS

Effective July 1, 2023, and pursuant to section 287.05701, the County: (1) may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor; and (2) may not give preference to a vendor based on the vendor’s social, political, or ideological interests.