24-018_Commercial_Finishes_&_Products.pdf

JACKSONVILLE TRANSPORTATION AUTHORITY

INVITATION TO BID (ITB) FOR

24-018 COMMERCIAL FINISHES & PRODUCTS

BID SUBMISSION DATE:

BY 2:00 PM (LOCAL), FRIDAY, JULY 26, 2024

ITB NUMBER: 24-018

Jacksonville Transportation Authority

100 LaVilla Center Drive

Jacksonville, Florida 32204

INVITATION TO BID

TABLE OF CONTENTS

I. NOTICE FOR PUBLICATION

II. INSTRUCTIONS TO BIDDERS

III. SPECIFICATIONS & SPECIAL CONDITIONS

IV. INSURANCE REQUIREMENTS

V. PRICING TABLE

VI. VENDOR QUESTIONNAIRE

1. NOTICE FOR PUBLICATION

INVITATION TO BID No. 24-018

SUBJECT: 24-018 Commercial Finishes & Products

BID SUBMISSION DEADLINE: Friday, July 26, 2024, 2:00 pm. (local time)

The Jacksonville Transportation Authority (the “Authority” or the “JTA”) hereby requests

Sealed Bids for 24-018, 24-018 Commercial Finishes & Products.

The Jacksonville Transportation Authority (the “Authority” or the “JTA”) hereby requests Sealed

Bids for 24-018 Commercial Finished & Products.

The purpose of the project is to purchase commercial finishes and products used on the fleet of

JTA buses. There are Sixty-Two (62) parts that JTA currently purchases that are identified on the bid form.

Sealed Bids will be received by the Jacksonville Transportation Authority (the “Authority” or the

“JTA”), until the above-stated Submittal closing/opening dates and times on the eProcurement

Portal at https://procurement.opengov.com/portal/jtafla/projects/100689

The complete Solicitation package will be available Thursday, June 27, 2024 and may be obtained by visiting the eProcurement Portal. A complete examination and understanding of information contained in the Solicitation is necessary in order for the Bidder to properly submit a Bid. The

Solicitation also includes a detailed set of Instructions to Bidders. All Bids shall be prepared in accordance with the Instructions to Bidders. The failure to comply with any requirement contained in the Solicitation may result in the rejection of the Bid as non-responsive or a finding that the

Bidder is not qualified.

Proposals must be uploaded to the eProcurement Portal by the date and time identified in this solicitation. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission. Late proposals will not be accepted and the eProcurement Portal will not accept submissions past the date and time of closing/opening.

https://procurement.opengov.com/portal/jtafla/projects/100689

1.1. Disadvantaged Business Enterprise (DBE)

All Bidders are hereby notified that there is No DBE Goal Established For The Contract. Bidders are encouraged to make every attempt to obtain participation of certified DBEs and other small businesses in the completion of the Contract (race neutral).

1.2. Type of Procurement

Goods

1.3. Contract Type

Indefinite Delivery or Quantity (IDIQ/Requirements)

1.4. Contract Term

Five (5) years

1.5. Basis of Award

The JTA will make the Contract award, if any, to the responsible Bidder who’s Bid, conforming to all the material terms and conditions of the Solicitation documents, is the lowest in price, technically acceptable and in accordance with its Procurement Rule 002, which is incorporated herein by reference. The JTA reserves the right to waive any irregularity in any Bid, to request clarification of any Bid, to request additional information from any Bidder, to reject any or all

Bids, in whole or in part, and to re-advertise, cancel, or postpone the Solicitation, at any time, with or without cause, without liability to any Bidder. The JTA also reserves the right to take into consideration the Bidder’s qualifications and past performance with the JTA or any other entity in determining if the Bidder is responsible and qualified. If the lowest bidder cannot meet the terms of the contract, the JTA reserves the right to enter into a contract with the second lowest bidder.

The quantities listed on the price sheet are only estimates and the JTA may buy more or less of any items based on need.

1.6. Minimum Requirements

Bidders must be in good standing and authorized to transact business in the State of Florida;

must not be listed in the System for Award Management (SAM) as an excluded party; and must demonstrate compliance with any other minimum requirements as stated in the Scope of Work and/or Instructions to Bidders. Each Bid must include a copy of the Bidder’s State of Florida

Certificate of Status or Good Standing and a copy of all necessary licenses, registrations or certifications that are required to perform the Work.

In addition, all licenses required for Bidders whose businesses and professions are regulated by the Florida Department of Business and Professional Regulation must be active and current at the time the Bid is submitted. Failure to demonstrate compliance may result in being deemed non-responsive.

1.7. Questions and Answers

All questions or concerns regarding this solicitation must be submitted on the eProcurement

Portal prior to 12:00 pm (EST) on Friday, July 5, 2024. You will not be able to send messages after this time. Late questions may be answered at the sole discretion of the Authority. All responses to questions will be uploaded to the Portal and issued in an Addendum, on Tuesday, July 9, 2024. Please contact the Procurement Department at procurement@jtafla.com regarding any questions or concerns prior to the questions deadline.

1.8. Cone of Silence

From the date of the initial publication of this Solicitation until the contract is awarded and the protest period has expired, all communication relating to this Solicitation, with the exception of

Disadvantaged Business Enterprise (DBE) related questions, shall be sent to the following JTA email address:

Pamela Lee

Contract Administrator I plee@jtafla.com

All DBE questions shall be addressed to Ken Middleton at DBE1@jtafla.com or 904-598-8728.

This includes questions related to certification or assistance with finding certified DBE’s to partner with.

If you are not sure who to send a question to, please send it to procurement@jtafla.com and it will be forwarded to the appropriate personnel.

All other communication to the JTA or any JTA employee, supplier, or Board Member regarding this Solicitation is prohibited, unless made in accordance with JTA's Solicitation and Award

Protest Rule. The JTA Board of Directors has established a zero tolerance policy and the JTA will disqualify any Bidder who makes or causes to be made, directly or indirectly, any improper communication. Nothing contained in this paragraph prohibits JTA personnel from initiating contact with a Bidder and subsequent communication related thereto for the purpose of obtaining additional information that is relevant to the Solicitation.

Bidders are hereby notified that the JTA is subject to the Florida Public Records Law and the

Government in the Sunshine Act, as set forth in Florida Statutes Chapters 119 and 286; as such, most communications to the JTA are subject to public disclosure, and the selection meeting(s), if any, will be open to the public.

All JTA contracts are subject to funding availability and are not binding upon the Authority until duly executed by the Authority and delivered to the Bidder.

1.9. Timeline

Release Project Date: June 27, 2024

Deadline for Questions: July 5, 2024, 12:00pm

Response to Questions: July 9, 2024, 5:00pm

Bid Opening: July 26, 2024, 2:00pm

Supplier Selection Date: July 30, 2024

Procurement Review Committee Meeting: September 3, 2024, 1:00pm

JTA Board Meeting: September 19, 2024, 2:00pm

2. INSTRUCTIONS TO BIDDERS

2.1. INTRODUCTION

The Jacksonville Transportation Authority (the “Authority” or “JTA”) is a public body politic and corporate agency of the State of Florida created under Chapter 349, as amended, Florida

Statutes. The Authority is a transit and transportation facilities provider in North Florida, constructing and improving roadways as well as constructing, equipping and operating transit services. The Authority operates in Duval County, Florida (the “County”), including in the City of Jacksonville, Florida (the “City”), and surrounding areas.

2.2. SOLICITATION TERMINOLOGY

The term Solicitation includes all documents that are included or referenced in the Solicitation package, including without limitation, the Invitation to Bid, Notice for Publication, Instructions to Bidders, Specifications, Scope of Work, Special Conditions, Insurance Requirements, Contract Form, General Conditions, Required Clauses for Federally-Assisted Contracts, Required Bid Forms, Certifications, Addenda, Project Manual, Drawings, Specifications, and the documents, reports, and information referenced in such Solicitation. The terms Bidder, Contractor, and Supplier may be used interchangeably.

2.3. BID DELIVERY

Bids must be uploaded, submitted and finalized by the due date, at the location identified in the

Notice for Publication (the “Notice”), or as amended in an Addendum. No additional promotional or advertising information will be accepted. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before the submission deadline to begin the uploading process and to finalize your submission. The eProcurement Portal will not allow the acceptance of late proposals. Facsimile, electronic mail and in-person deliveries will not be accepted. The

Authority is the official timekeeper and the Authority's determination of the time shall be deemed correct and final.

Pursuant to Article 1, Section 24 of the Florida Constitution and under Chapter 119, Florida

Statutes, if a Respondent considers any portion of the documents, data, or records submitted in response to this solicitation to be confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to applicable State of Florida laws, the Respondent must provide JTA with a separate “REDACTED COPY” of its response. This redacted copy shall be submitted, on the eProcurement Portal, and shall be clearly titled “REDACTED COPY” at the same time the

Proposer submits its response to the solicitation. An entire proposal or the proposed cost in a proposal cannot be identified as “CONFIDENTIAL”, “PROPRIETARY” or “TRADE SECRET”.

The Respondent must provide a brief description of the grounds for claiming exemption from public records law, including the specific statutory citation for such exemption that allows the withholding on the require form “Certification of Redacted Copy”.

Facsimile and electronic transmissions will not be accepted. Late Bids are not able to be accepted through the eProcurement Portal. Any responses that are delivered in person will not be accepted.

The Authority is the official timekeeper and the Authority's determination of the time shall be deemed correct and final.

The Bid should contain a cover page containing the following information:

• name of a single point of contact

• business name

• address

• phone number

• email address

• ITB/RFP No. and Title

2.4. BID ADDENDA

The Authority may respond to questions, or it may clarify or change any part of this Solicitation by issuing an Addendum. By submitting a Bid, each Bidder consents to the content of all Addenda, whether or not received by the Bidder. Bids must include the written acknowledgment of all

Addenda that is contained in Section VII. The Solicitation may only be modified or clarified by Addenda and no verbal or informal writing that attempts to modify or interpret the Solicitation will be binding upon the Authority.

2.5. BIDDER REVIEW OF BID AND CONTRACT DOCUMENTS

By submitting a Bid, the Bidder represents that it has fully informed itself as to: (i) the conditions to be encountered; (ii) the character, quality, and quantities of work to be performed; (iii) the goods and materials to be furnished; and (iv) all of the requirements of the Solicitation and Contract documents, including the plans, specifications, and the labor and security conditions under which the Contract is to be performed. The Bidder shall not be relieved of its obligation to furnish all goods, materials, equipment, labor, and services necessary to complete the Contract by reason of having failed to inform itself with respect to those matters. If this acquisition is related to a project in which conditions, specifications, and/or plans have been issued, those documents, where applicable, are incorporated herein. The Authority does not guarantee the accuracy of any information that may have been provided in connection with the Solicitation and it expressly disclaims the accuracy of any information related to subsurface conditions. If this is a lump sum

Contract, the Authority does not assume any responsibility for determining the quantities required.

2.6. QUALIFICATIONS AND REFERENCES

The Authority reserves the right to request any additional information it deems necessary regarding the Bidder’s previous experience and qualifications, and the Authority may also consider any evidence available to it regarding the financial, technical, and other qualifications and abilities of the Bidder. The Bidder shall provide any requested additional information within forty-eight (48) hours of such request.

2.7. NON-RESPONSIVE BIDS MAY BE REJECTED

The failure to comply with any requirement contained in the Notice, Instructions to Bidders, Bid

Forms, and/or other Solicitation documents may result in the rejection of the Bid as non-responsive.

2.8. RESERVATION OF RIGHTS IN THE SOLICITATION PROCESS

The Authority reserves all rights it is entitled to under the law, including the right to:

• reject any or all Bids and to cancel or postpone the Solicitation, in whole or in part, for any reason, without liability;

• issue subsequent or concurrent Solicitation(s) for the work described herein;

• perform background checks, reference checks, and consider any information the

Authority deems pertinent to the Solicitation;

• request additional copies of the Bid from the Bidder, at no cost to the Authority; and

• request additional or omitted information and seek clarifications of any Bid.

2.9. REQUIRED FORMS

Bidders shall complete and return all Bid Forms required by Section "REQUIRED FORMS &

CERTIFICATIONS". The Bid Forms must be submitted using the exact Forms provided and must be signed by an authorized representative of the Bidder. Any alteration of the Forms or failure to submit required Forms may cause the Bid to be rejected as non-responsive.

The Forms cannot be marked “N/A” and returned as an effort to comply with the requirements.

These Forms MUST be completed, signed, and returned with your Bid. The burden is on each

Bidder to know of and submit all required Forms with Bid submittals. If the Authority determines that a Bidder has failed to return completed Form(s), and/or has failed to sign all required Form(s), the Bid may be rejected as non-responsive.

2.10. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

It is the official policy of the U.S. Department of Transportation (DOT) and the Authority that

Disadvantaged Business Enterprises (DBEs) have a level playing field on which to participate in the performance of all contracts. This Solicitation and contract award are subject to the requirements of Title 49 Code of Federal Regulations, Part 26.

The Bidder and its subcontractors shall not discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, age, disability, religion, or family status in the performance of the Contract. The Bidder shall carry out applicable requirements of the DBE program in the award and administration of the work associated with the Contract.

In accordance with 49 CFR Part 26.55, to count towards the goal the DBE must be performing a commercially useful function on the contract. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, you must presume that it is not performing a commercially useful function. This is true for a DBE Prime Contractor and lower tier DBE firms on the contract.

A. Participation Goals. If a DBE participation goal has been established for the

Contract:

Bidders must meet one (1) of the following criteria to be considered for the Contract:

1. Achieve the DBE participation goal as specified below;

OR

2. Submit documentation detailing its good faith efforts.

The Authority’s award of this Contract is conditioned upon Bidder satisfying the good faith effort requirements of 49 CFR §26.53.

As a condition of bid responsiveness, Bidders must submit the following information with its Bid on the forms provided herein:

1. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

2. A description of the work that each DBE firm will perform;

3. The dollar amount of the participation of each DBE firm listed under (1)

4. Written statement from Bidder or Offeror that attests their commitment to use the

DBE firm(s) listed under (1) to meet the Authority’s project goal; and

5. If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49

CFR part 26.

The successful Bidder must provide written confirmation of participation from each of the

DBE firms the Bidder lists in its commitment within five days after Bid opening.

1. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

2. A description of the work that each DBE firm will perform;

3. The dollar amount of the participation of each DBE firm listed under (1)

4. Written statement from Bidder or Offeror that attests their commitment to use the

DBE firm(s) listed under (1) to meet the Authority’s project goal; and

5. If Bidder cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder as described in appendix A to 49 CFR part 26.

A. Participation Goals. If a DBE participation goal has not been established for this project, Bidders are encouraged to make every attempt to secure a level of DBE participation that contributes toward the achievement of Authority's overall DBE goal of

27%. When a goal has been established, the failure of the Bidder to either meet the participation goal or submit satisfactory evidence of good faith efforts may result in the

Bid being rejected as non-responsive.

No DBE Goal Established For The Contract: Bidders are encouraged to make every attempt to obtain participation of certified DBEs and other small businesses in the completion of the Contract

(race neutral).

Documenting Goal Initiatives. DBE forms will be used to document the Bidder's achievement of the established DBE goal for the Contract or, if no goal is specified, information on DBE participation. DBE forms shall be as complete and accurate as possible, and shall include all required information. Failure to comply with these requirements may be cause for rejection of the

Bid. A Bidder who does not meet the stated DBE goals, where assigned, must also submit Good

Faith Effort documentation as part of its Bid (see the “Good Faith Efforts” section listed below).

Bidders who do not address these requirements may be deemed non-responsive.

Determining Compliance with DBE Requirements for Contracts with a DBE Goal –

Forms. Each Bidder must acknowledge its commitment to achieving the DBE participation goals set by the Authority. There are several required forms that must be submitted as part of the

Solicitation process, which support this requirement:

• Schedule of Subsuppliers/Subcontractors Form - Identifies those subcontractors/suppliers whom the Bidder will utilize on the Contract, including the certified DBE businesses, and the scope and relative value (expressed as a percentage) of work to be performed by each subcontractor.

• Intent to Perform as a DBE - Submitted for each DBE subcontractor/supplier, outlining the dollar value of the work to be performed.

• Bidder's List - Lists all potential subcontractors/suppliers contacted by the Bidder for the

Contract.

If the Bidder is awarded a Contract with the Authority, it must enter into a formal written agreement with the DBEs identified in its Schedule of Suppliers/Subcontractors Form in accordance with the assignments identified and outlined in the Intent to Perform as a DBE.

If the selected Bidder is a certified DBE and intends to perform a portion of the work with its own forces, the Bidder shall identify the responsibilities it intends to perform by type and by percentage of work to be done. In order for the work to be counted towards the DBE goal assigned to the project, the Bidder must perform the work as specified and may not delegate or contract the specified responsibilities to other entities.

Certification. ALL PROPOSED DBEs MUST BE CERTIFIED BY THE FLORIDA UNIFORM

CERTIFICATION PROGRAM (UCP) AT THE TIME OF SUBMISSION OF THE BID. If a subcontractor/supplier is not certified by the aforementioned certification program at the time of submission, the Bidder can neither report the non-certified business' participation, nor include that company's dollar value of work towards any established DBE goals. Applications for certification may be obtained from the Authority directly or from the Authority’s website at www.jtafla.com. The Bidder shall fully comply with all requests for additional documentation. In determining an applicant's eligibility for DBE status, the Authority will generally rely upon the

Federal Certification Process, as described in 49 CFR Part 26. In addition, as a member of the

Unified Certification Program (UCP) within the state of Florida where FDOT is the host agency, https://www.jtafla.com/ the Authority will accept DBEs certified by FDOT and may, on a case-by-case basis, accept a DBE certification decision made by another UCP or non-Florida Department of Transportation.

Good Faith Efforts. Any Bidder who is unable to meet the requested DBE participation goal, where established, is required to include, as part of its Bid, Good Faith Effort documentation detailing the attempts made to secure DBE participation. An important component in evaluating a

Bidder's good faith efforts is the number of qualified DBEs expressing an interest in performing work under the Contract. When there is limited availability of such firms, a Bidder cannot reject a

DBE as unqualified unless the Bidder has sound reasons to do so, as determined by a thorough investigation of the DBE's capabilities.

The extent and type of actions required for a Bidder to meet the good faith effort requirement may vary depending upon such factors as industry practice, time available for submitting a Bid, and the type of agreement involved. See Appendix A to 49 CFR Part 26 for additional information. The following list, which is neither exclusive nor exhaustive, provides examples of the actions and activities which would be considered good faith efforts on the part of a Bidder attempting to meet the prescribed DBE goal:

A. Attending planned pre-proposal meetings scheduled by the Authority to review resources, such as certified DBE vendor lists, and to discuss, among other things, DBE participation opportunities;

B. Advertising in general circulation, trade association, and minority/women-focused media concerning subcontracting opportunities;

C. Soliciting the interest of a reasonable number of DBEs through written notices, and allowing an adequate amount of time for response and inquiry from interested parties;

D. Contacting prospective DBE participants in response to initial Solicitations to assess level of interest;

E. Utilizing subcontracting arrangements and other techniques to structure the project in a manner designed to increase the likelihood of participation of DBE firms;

F. Providing interested DBEs with adequate information about the plans, specifications, scope of work, and requirements of the Contract;

G. Discussing with interested DBEs the required capabilities of the project, and performing a thorough investigation of the DBE’s qualifications to determine inherent competencies;

H. Using good business judgment to negotiate in good faith with interested DBEs regarding price, and reviewing all reasonable quotes from interested DBE businesses;

I. Assisting interested DBEs in obtaining bonding, lines of credit, insurance, and other guarantees required by the Authority and/or the Bidder;

J. Supporting interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance and services; and

K. Effectively utilizing the services of various community and professional organizations to aid in identifying qualified DBEs. These organizations include, but are not limited to minority and women-based: community organizations; chambers of commerce;

contractor groups; local, state, and federal business assistance offices; the Authority; and other organizations that provide assistance in the identification of DBEs.

These efforts are active steps, ones that may significantly increase the potential for sufficient DBE participation and the achievement of DBE participation goals. When the Authority determines that the Bidder's actions were mere pro forma efforts that fall short of the good faith efforts such as those listed above, the Bid may be rejected as non-responsive.

2.11. BIDDER DISQUALIFICATION

Any of the following causes may be considered sufficient for the disqualification of a Bidder and the rejection of its Bid:

A. submission of more than one (1) Bid from a Bidder for the same work by an individual, entity, partnership, or corporation under the same or different names; submission of alternate Bid(s), unless the Solicitation (or an Addendum) has clearly provided for alternate bids on the Bid Forms; or having a financial interest in another bidder;

B. evidence of collusion between or among Bidders;

C. work for which the Bidder is committed by contract, which, in the Authority's judgment and sole discretion, might hinder or prevent the prompt completion of the Contract if awarded to the Bidder;

D. being behind on the approved completion schedule for any existing contract or contract completed within two (2) years of the Bid submission date with the Authority where the

Contractor has been assessed liquidated damages, being involved in litigation with the

Authority, or having been declared by the Authority to be in default on a previous contract with the Authority;

E. poor, negligent, or defective performance of work for the Authority or any other party on prior projects, which, in the Authority's judgment and sole discretion, raises doubts as to the Bidder's ability to properly perform the Contract;

F. appearance of the Bidder on the Department of General Services' Convicted Vendors

List; debarment or suspension of the Bidder by the Authority pursuant to the Authority’s

Administrative Rule 003; or for “covered transactions,” as that term is defined in 49 CFR

Part 29, with a value greater than $25,000, if the Bidder is presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

G. submitting more than one (1) price on each item even though it has two (2) or more types or styles that will meet specifications: Bidders must determine for themselves which to offer;

H. violating the Cone of Silence;

I. having any real or apparent conflict of interest, including any relationship with or interest in those firms who have assisted the Authority in the preparation of the Solicitation;

J. misstating or omitting a material fact in the Bid, submitting a Bid that is conditional, or submitting a bid that contains unauthorized conditions, limitations, exceptions, or alterations;

K. failing to properly: (i) execute any Bid Form; (ii) execute any Bid Security; (iii) execute other required documents, or (iv) meet the minimum requirements of the Solicitation; or

L. any other reason, as determined in the sole discretion of the Authority, that warrants rejection of the Bid or disqualification of the Bidder, including listing unqualified subcontractors or failing to provide adequate references for the Bidder and/or any subcontractors upon request.

The Authority may cancel or postpone the Solicitation and may reject any and all Bids, with or without cause, and may waive any minor irregularity in any Bid.

2.12. TAXES

The Authority is exempt from the following taxes: (a) State of Florida Sales Tax by Certificate

No.85-8012646346C-1; and (b) Federal Excise Tax Registration No. 59-6018367. The only purchases allowed to be made using these exemptions are to be made on either an Authority

Purchase Order or an Authority check. The sales tax exemption does not apply to goods or services that are purchased or consumed by the Bidder for which the Bidder is deemed to be the ultimate consumer. The Bid price shall include all applicable taxes and charges, if any.

2.13. CARTAGE

All cartage and package charges shall be included in the Bid Price.

2.14. DEVIATIONS TO SPECIFICATIONS

All requests for deviations from the specifications must be submitted as a written question prior to the deadline for questions. Bids may be rejected as non-responsive if deviations are used without being approved in an Addendum.

2.15. “OR EQUAL” SUBSTITUTIONS

All products listed in the Scope of Work are requested by the Authority. Even though a particular manufacturer's name or brand may be specified, Bids may include other manufacturer brands that meet the salient characteristic and quality requirements of the name brand or Original Equipment

Manufacturer (OEM). Bidders are instructed to submit the alternate brand’s salient characteristics and specifications (ie. Catalog cuts, technical descriptive data) in their Bid submission. Samples may be required to be submitted at the discretion of the Authority.

2.16. DATA REQUIRED TO BE SUBMITTED

A. Whenever the specifications indicate a product of a particular manufacture, model, or brand, in the absence of any statement to the contrary by the Bidder, the Bid will be interpreted as being for the exact brand, model, or manufacture specified, together with all accessories, qualities, tolerances, compositions, etc., enumerated in the detailed specifications.

B. If no particular brand, model, or make is specified, and if no data is required to be submitted with the Bid, the successful Bidder, after award and before manufacture or shipment, may be required to submit a working drawing or detailed descriptive data sufficient to enable the Authority to determine whether all requirements of the specifications are being complied therewith.

2.17. PROVISION FOR OTHER AGENCIES

By submitting its Bid, the Bidder hereby agrees to extend the terms, conditions, and other negotiated agreements to any Transit Authority, or any City, County, or State Government agency within the State of Florida. It is understood that some negotiated agreements may require further negotiations between the successful Bidder and the entity desiring to benefit from this

Solicitation. Any such resulting agreements will be independent of the Authority.

2.18. DISCOUNTS

ALL DISCOUNTS OTHER THAN PROMPT PAYMENT SHALL BE INCLUDED IN THE

BID PRICE. Prompt payment discounts will be considered during the administration of the

Contract, but will not be considered in determining the low Bid.

2.19. ALLOWANCES

The Bidder shall include in the Total Contract Price all allowances stated in the Contract. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the

Authority may direct.

Unless otherwise provided in the Contract Documents:

A. materials and equipment under an allowance shall be selected by the Authority within the time frames required by the current accepted schedule;

B. allowances shall cover the cost to the Bidder of materials, supplies and equipment delivered at the site and all required taxes, plus mark-up in accordance with General Conditions

Article 7, less applicable trade discounts;

C. whenever allowances are used, the remaining allowance amount, and the Total Contract

Price shall be adjusted accordingly by a Contract Amendment. The amount of the Contract

Amendment shall be calculated in accordance with General Conditions Article 7and shall reflect the difference between actual costs and the allowance amount and be supported by appropriate substantiating data.

2.20. UNIT PRICE ERRORS

In case of error in extension of price in the Bid, the unit price shall govern. The Bidder understands that the quantities have been estimated by the Authority for the purposes of soliciting and evaluating Bids, and that if the actual quantities differ from the estimates, the

Authority is only obligated to pay for the actual quantities ordered by the Authority.

2.21. PROCUREMENT DEPARTMENT AS AGENT

When the Procurement Department is acting as agent for “other public activities” defined as activities receiving financial support in part from the Authority but not under the direct governing jurisdiction of the Authority, the name of such public activity shall be substituted for the words “JTA” and “Authority” throughout the Solicitation and Contract.

2.22. ETHICS PROVISION

The Bidder, by submitting its Bid and/or by accepting a Purchase Order, represents that it has reviewed the provisions of the Jacksonville Ethics Code contained in chapter 602, Jacksonville

Ordinance Code; the provisions of the Procurement Code contained in chapter 126, Jacksonville

Ordinance Code; and the Authority’s Supplier Code of Business Conduct.

2.23. ACKNOWLEDGEMENT AND AGREEMENT TO CONTRACT TERMS

By signing the Bid Form, the Bidder acknowledges its agreement to all terms, conditions, and specifications contained in this Solicitation and resulting Contract, if any. When the Authority issues a Purchase Order(s), the Bidder shall comply with all the terms, conditions, and specifications contained in this Solicitation and resulting Contract, per the Order of Precedence in the Contract, until expiration or termination of the Contract. The work is to begin only after proper authorization and issuance of a Purchase Order or Notice to Proceed.

2.24. NO BID PREP COSTS

Under no circumstances will the Authority compensate any Bidder for the costs associated with responding to this Solicitation.

2.25. ALL-INCLUSIVE BID

The Bid shall include, at no additional cost to the Authority, all necessary safety equipment: in addition, all necessary taxes, licenses, permits, and insurance shall also be obtained by the Bidder at no additional cost to the Authority.

2.26. REQUEST FOR CLARIFICATION AND SUPPLEMENTAL INFORMATION

The Authority reserves the right to seek clarification and supplemental information from any or all Bidders when the Bid contains any information or implication that is ambiguous.

2.27. PUBLIC RECORDS AND GOVERNMENT IN THE SUNSHINE LAWS

The Authority is subject to the Florida Public Records Law, the Government in the Sunshine Act, and possibly the Freedom of Information Act (FOIA). In compliance therewith, at the sole discretion of the Authority, the Authority may disseminate or make available to any person, without the consent of the Bidder, information regarding the Contract or the Bid, including without limitation: requirements; specifications; drawings; sketches; schematics; models; samples; tools;

computer or other apparatus programs; and technical information or data, whether or written or oral, furnished to the Authority in connection with this Solicitation.

2.28. AVAILABILITY OF BIDS AFTER OPENING

In accordance with the Florida Public Records Law, Chapter 119, Florida Statutes, copies of all

Bids are available for public inspection thirty (30) days after the opening of Bids or on the date of

Notice of Intent to Award, whichever is earlier. Bidders may review opened Bids once they are available for public inspection by contacting the JTA Public Records Office at publicrecords@jtafla.com.

If JTA rejects all Bids submitted in response to a competitive Solicitation and concurrently provides notice of its intent to reissue the competitive Solicitation, the rejected Bids remain exempt from §§ 119.07(1) and 119.24(a), Florida Statutes, Art. I of the State Constitution until such time as JTA provides notice of an intended decision concerning the reissued competitive Solicitation or until JTA withdraws the reissued competitive Solicitation. A Bid is not exempt for longer than twelve (12) months after the initial notice rejecting all Bids.

2.29. SCRUTINIZED COMPANIES

By submitting a bid:

A. Supplier hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List and is not engaged in a boycott of Israel, as defined in Florida Statutes § 287.135, as amended;

B. When the contract value is $1,000,000 or more; Supplier hereby certifies that it is: (1) not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as defined in Florida Statutes §

287.135; and (2) not engaged in business operations in Cuba or Syria, as defined in Florida

Statutes § 287.135, as amended.

2.30. STANDARD ASSURANCES (including Non-Collusion and Debarment Certifications)

By submitting a signed Bid, each Bidder certifies, under penalty of perjury, that:

A. The Bidder understands all requirements and, if selected, the Bidder will comply with all of the requirements of the Solicitation, the Bid, and any resulting Contract.

B. The signatory of the Bidder is of lawful age, and no other person, firm, or corporation, other than those clearly identified in the Bid, has any interest in the Bid and/or any resulting Contract.

C. The Bid is made without any understanding, agreement, or connection with any other

Bidder or potential Bidder for the Contract, and is in all respects fair and without collusion or fraud; no attempt has been made or will be made by the Bidder to induce any other person, entity, partnership, or corporation to submit or not submit a Bid for the purpose of restricting competition; the prices in the Bid have been arrived at independently without collusion, consultation, communication, or agreement with any other Bidder or with any other competitor for the purpose of restricting competition as to any other matter relating to such prices; unless otherwise required by law, the prices which have been noted in the Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor.

D. The Bidder is familiar with, and the Bid is in full compliance with, all applicable federal, state, and local laws and regulations, and the Bidder shall fully comply with same during the entire term of the Contract. The Bidder certifies that the Bid complies with all applicable safety requirements, such as those required by OSHA, EPA, and the

Authority.

E. The Bidder is not precluded from submitting a bid under Section 287.133(2)(a), Florida

Statutes, which provides that a person or affiliate (as defined by Florida law) who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a 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 contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes section 287.017, for CATEGORY TWO, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By submitting a signed Bid, the Bidder certifies, under penalty of perjury, that no person, entity, or affiliate involved in the Bid is in violation of the restriction noted above.

F. If the Bid is over one hundred thousand dollars ($100,000), the Bidder understands that the Contract awarded under this Solicitation, if any, is a covered transaction for purposes of the following statutes and regulations and the Bidder is required to comply with 2 CFR

Part 1200, 2 CFR Part 180, Executive Orders 12549 and 12689, and 31 U.S.C. § 6101 note, as each may be amended from time to time. By submitting a signed Bid, the Bidder certifies, that:

1. The Bidder is not currently debarred or suspended by the Authority under the

Authority's Rules, and the Bidder will comply and facilitate compliance with U.S.

DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the provisions of the U.S. Office of Management and

Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and

Suspension (Nonprocurement),” 2 CFR part 180.

2. The Bidder and its principals and subrecipients at the first tier:

a. Are eligible to participate in covered transactions of any federal department or agency and are not presently:

i. Debarred,

ii. Suspended,

iii. Proposed for debarment,

iv. Declared ineligible,

v. Voluntarily excluded, or

vi. Disqualified;

b. The Bidder's management has not, within a three (3) year period preceding its

Bid, been convicted of or had a civil judgment rendered against any member of management for:

i. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction, or contract under a public transaction,

ii. Violation of any federal or state antitrust statute, or

iii. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property;

c. The Bidder is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (federal, state, or local), with commission of any of the offenses listed in the preceding Section 1.b of this Certification;

d. The Bidder has not had one (1) or more public transactions (federal, state, or local) terminated for cause or default within a three (3) year period preceding this

Certification;

e. If, at a later time, the Bidder receives any information that contradicts the statements of subparagraphs 2.a – 2.d above, the Bidder will promptly provide that information to the Authority;

f. The Bidder will treat each lower tier subcontract under this Contract as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:

i. Equals or exceeds twenty-five thousand dollars ($25,000.00),

ii. Is for audit services, or

iii. Requires the consent of a federal official; and

g. The Bidder will require that each covered lower tier subcontractor:

i. Comply and facilitate compliance with the federal requirements of 2 CFR parts 180 and 1200, and

ii. Assure that each lower tier participant in this Contract is not presently declared by any federal department or agency to be:

I. Debarred, II. Suspended, III. Proposed for debarment, IV. Declared ineligible to participate, V. Voluntarily excluded from participation, or

VI. Disqualified from participation.

3. The Bidder shall provide a written explanation attached to the Signature Page of the

Bid if it or any of its principals, including any of its first tier subrecipients or any of its third-party participants at a lower tier, are unable to certify compliance with the preceding statements in this Certification. If requested by the Authority, the Bidder shall execute the FDOT Form 375-30-32.

2.31. PROTESTS

All protests concerning this Solicitation and any award hereunder shall comply with and be governed by the Authority's Solicitation and Award Protest Rule 004 (the “Rule”), a copy of which is available from the Authority's website at www.jtafla.com (under “About JTA,” then

“Administrative Rules,” then “Rule 004”) or from the Authority's Administrative Offices at 100

LaVilla Center Drive, Jacksonville, Florida 32204. Under the Rule, any person who wishes to protest the contents of this Solicitation, including Addenda, shall file with the Authority's Director of Procurement a written Notice of Protest no less than five (5) business days before the Bid’s due date, and comply with the other requirements of the Rule. Under the Rule, any person who is adversely affected by the Authority's decision or intended decision with respect to an award under this Solicitation shall file with the Authority's CEO and Director of Procurement a written protest, no later than 5:00 p.m. on the fifth (5th) business day after the posting of the Notice of Decision or Intended Decision, and shall comply with the other requirements of the Rule. Failure to submit a timely protest shall constitute a waiver of proceedings under the Rule. The time period set forth herein is not extended by service of the protest by mail.

2.32. E-VERIFY REQUIREMENT

Pursuant to Section 448.095, Florida Statutes, Contractor shall register with and utilize the U.S.

Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract, and shall expressly require any Subcontractor(s) performing work or providing services pursuant to the Contract to likewise register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify https://www.jtafla.com/ the work authorization status of all new employees hired by the Subcontractor during the term of the Subcontractor agreement. Contractor and Subcontractor(s) shall provide JTA with an affidavit stating that the Contractor and Subcontractor(s) does not employ, contract with, or subcontract with an unauthorized alien, as set forth in Section 448.095(2)(b)1, Florida Statutes. Upon request, Contractor and Subcontractor(s) must provide evidence of compliance with this provision. Failure to comply with this provision is a material breach of the Contract, and the JTA shall have the option of terminating this Contract at its discretion.

3. SPECIFICATIONS & SPECIAL CONDITIONS

3.1. Special Requirements

1. Warranty. Finished product shall be free of material and workmanship defects for a period of One (1) years from completion and conditional acceptance by the JTA. Warranty shall cover one hundred percent (100%) of all materials of the warranty work.

2. All shipping costs shall be included in the Bidder's pricing.

3. See Price Sheet for all items needed in the Required Forms & Certification section of this solicitation.

3.2. MSDS SHEETS

Bidder shall provide appropriate MSDS sheets for any items they request as substitutions to the items on the Price Sheet.

4. INSURANCE REQUIREMENTS

GENERAL INFORMATION AND INSURANCE REQUIREMENTS

COMMERCIAL GENERAL LIABILITY INSURANCE

The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense

Commercial General Liability insurance coverage (ISO or comparable Occurrence Form) for the life of this Contract. Modified Occurrence or Claims Made forms are not acceptable.

The Limits of this insurance shall not be less than the following limits:

Each Occurrence Limit $1,000,000

Personal & Advertising Injury Limit $1,000,000

Fire Damage Limit (any one fire) $300,000

Medical Expense Limit (any one person) $10,000

Products & Completed Operations Aggregate Limit $2,000,000

General Aggregate Limit (other than Products &

Completed Operations) Applies Per Project $2,000,000

General liability coverage shall continue to apply to “bodily injury” and to “property damage” occurring after all work on the Site of the covered operations to be performed by or on behalf of the additional insureds has been completed and shall continue after that portion of “your work” out of which the injury or damage arises has been put to its intended use.

Vendor shall require each of his Sub-Contractor/Vendors to likewise purchase and maintain at their expense Commercial General Liability insurance, Workers’ Compensation and Employer’s

Liability coverage, Automobile Liability insurance and Excess Liability insurance coverage meeting the same limit and requirements as the Contractor/Vendors insurance.

Certificates of Insurance acceptable to Jacksonville Transportation Authority for the

Contractor/Vendor’s insurance must be received within five (5) days of Notification of Selection and at time of signing Agreement.

Certificates of Insurance and the insurance policies required for this Agreement shall contain an endorsement that coverage afforded under the policies will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to Jacksonville Transportation

Authority.

Certificates of Insurance and the insurance policies required for this Agreement will include a provision that policies, except Workers’ Compensation, are primary and noncontributory to any insurance maintained by the Contractor/Vendor.

Jacksonville Transportation Authority must be named as an Additional Insured and endorsed onto the Commercial General Liability (CGL), Auto Liability and Excess Liability policy

(ies). A copy of the endorsement(s) must be supplied to Jacksonville Transportation Authority ten (10) days following the execution of the agreement or prior to the first date of services, whichever comes first.

CGL policy Additional Insured Endorsement must include Ongoing and Completed

Operations (Form CG2010 11 84 OR Form CG2010 04 13 and GC2037 04 13 edition or equivalent). Other Additional Insured forms might be acceptable but only if modified to delete the word “ongoing” and insert the sentence “Operations include ongoing and completed operations”.

CGL policy shall not be endorsed with Exclusion - Damage to Work performed by

SubContractor/Vendors on Your Behalf (CG2294 or CG2295)

CGL policy shall not be endorsed with Contractual Liability Limitation Endorsement

(CG2139) or Amendment of Insured Contract Definition…