25-015B_-_Canal_Capacity_Expansion.pdf

INVITATION TO BID

Flagler County Board of County Commissioners Purchasing Department

1769 East Moody Boulevard Building 2, Third Floor Bunnell, Florida 32110

Bid Number: 25-015B Bid Title: Canal Capacity Expansion Project Purchasing Agent: Rob Rounds Phone Number: 386-313-4097 Email: purchasing@flaglercounty.gov

Bid Opening:

Time: Wednesday, December 4, 2024, at 2:00pm Location: Purchasing Department 1769

East Moody Boulevard Building 2, 3rd Floor Financial Services Conference Room Bunnell, Florida 32110

Bid Contents: SECTION 1 – INSTRUCTIONS TO BIDDERS

SECTION 2 – TERMS AND CONDITIONS

SECTION 3 – SPECIAL CONDITIONS

SECTION 4 – SCOPE OF WORK/SPECIFICATIONS

SECTION 5 – BID SUBMISSION REQUIREMENTS

SECTION 6 – REQUIRED FORMS

Bid packages and specifications are no longer available directly from Flagler County Purchasing Department. The County utilizes Vendorlink for the posting and distribution of all County Bids, RFPs, and RFQs. This Bid may be obtained at http://www.myvendorlink.com. The County is not responsible for the accuracy of other means of distribution. Alteration of the content of this document shall result in disqualification.

SPECIAL ACCOMMODATION:

In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled pre-bid conference or bid opening should contact the Purchasing Department (386-313-4008), at least five (5) days prior to the event to advise of his/her special requirements.

mailto:purchasing@flaglercounty.gov http://www.myvendorlink.com/

Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”. Be sure to include the name of the company submitting the bid where requested.

SEALED BID • DO NOT OPEN

BID NAME: Canal and Ditch Cleaning & Grinding

BID NUMBER:

DUE DATE/TIME: Wednesday, December 4, 2024, at 2:00pm

SUBMITTED BY:

(Name of Company)

DELIVER TO: FLAGLER COUNTY BOCC

PURCHASING DEPARTMENT

1769 E. MOODY BOULEVARD

BUILDING 2, THIRD FLOOR

BUNNELL, FLORIDA 32110

DATE/TIME RECEIVED:

(To be stamped by Purchasing

Department)

Invitation to Bid – Canal Capacity Expansion Project

The Flagler County Board of County Commissioners (Flagler County) is seeking a qualified contractor to clear the canals and ditches listed in the Base Bid Unit Price Schedule of all floating vegetation from the water surface, grasses growing on the canal bottom, invasive species, and debris from the canals, ditches, canal banks, and ditch banks within the limits maintained by Flagler County.

Upon award of the bid, the Awardee agrees to enter into a written agreement with the Flagler County Board of County Commissioners, and the Awardee’s bid will become part of the agreement. The contract must be signed no later than December 31, 2024. Subject to the award of funds.

SECTION 1 – INSTRUCTIONS TO BIDDERS

It is the intent and purpose of the Flagler County Board of County Commissioners (County) that this Invitation to Bid promotes competitive selection. It shall be the bidder’s responsibility to advise the Purchasing Department if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source.

TIMETABLE

Date of Distribution: Wednesday, November 6, 2024 Last Date for Inquiries: Wednesday, November 27, 2024 Bids Due: Wednesday, December 4, 2024, by 2:00pm

QUESTIONS REGARDING THIS ITB – All questions or concerns regarding this Invitation to Bid (ITB) must be submitted in writing, to the Purchasing Department. Questions shall be made in Vendor Link at www.myvendorlink.com. Answers will be posted in that system for all to see.

Bidders shall not direct any queries or statements concerning their bid to the County staff and/or Evaluation Committee during the selection process, from the time of submission of a bid until recommendation of award. Any Bidder who initiates any discussions with staff in any manner other than that described below is subject to disqualification from this procurement.

ADDENDA OF THE INVITATION TO BID – When appropriate, the Purchasing Department will issue an addendum to the ITB. Bidders are instructed not to contact the initiating department directly. No oral interpretation of this ITB shall be considered binding. The County shall be bound by information and statements only when such statements are written and executed under the authority of the Purchasing Manager.

It shall be the responsibility of the Bidder, prior to submitting their bid, to determine if addenda were issued, acknowledging and incorporating them into their bid.

The failure of bidders to submit acknowledgement of any addenda that affects the ITB price(s) is considered a major irregularity and will be cause for rejection of the bid.

The Flagler County Board of County Commissioners reserves the right to consider the omission of an acknowledgement of addendum as cause for rejection of the ITB submittal.

This provision exists solely for the convenience and administrative efficiency of Flagler County. No Bidder or other third party does not gain any rights by virtue of this provision or the application thereof, nor shall any bidder or third party have any standing to sue or cause of action arising there from.

BID FORMS – All bid proposals must be submitted on the County’s standard Invitation for Bid Form.

Bid proposals on vendor quotation forms will not be accepted.

NO BID – Any items not bid upon must be indicated “NO BID”.

http://www.myvendorlink.com/

CLARIFICATIONS – It is the Bidder’s responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this ITB. Lack of understanding and/or misinterpretation of any portions of this ITB shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Bidders must contact the Purchasing Representative, at the phone number or email provided, should clarification be required.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the parties.

MEETING SPECIFICATIONS – If you are taking exception, indicate those exceptions as stated on the Bidder’s Certification Form.

CORRECTION OF BIDS – Correction of inadvertently erroneous bids shall be permitted up to the time of opening. Bidders shall not be allowed to modify their bids after the opening time and date.

WITHDRAWAL OF BIDS – Bids may be withdrawn by written request at any time prior to bid opening by the Bidder. Negligence on the part of the Bidder in preparing the bid confers no right of withdrawal or modification after the bid has been opened at the appointed time and place by Flagler County. Any such withdrawn bid shall not be resubmitted.

SUBMISSION OF BIDS – Firms or companies desiring to provide services, as described herein shall submit sealed bids including one (1) original copy, one (1) identical paper copies, and one (1) electronic copy in pdf format on USB.

Bids must be submitted in a sealed envelope with the bid number, title, and opening date clearly displayed on the outside of the sealed envelope.

All bids must be delivered to the Flagler County Board of County Commissioners, Purchasing Department, Government Services Building, 1769 East Moody Blvd., Building 2 (3rd Floor), Bunnell, Florida 32110 no later than the specified date and time.

The delivery of said bid to the Purchasing Department prior to the specified opening date and time is solely and strictly the responsibility of the Bidder. Any bid received after the specified date and time will not be accepted. The time/date stamp clock located in the Purchasing Department shall serve as the official authority to determine lateness of any bid.

OPENING OF BIDS – Bids will be received until the date and time stated in this ITB and will be publicly opened and read at the place, time and date stated. No responsibility will attach the Purchasing Department for the premature opening of a bid not properly addressed and identified.

FINANCIAL ABILITY – Every Bidder may be required to demonstrate financial stability as evaluated at the sole discretion of Flagler County.

BINDING OFFER – A Bidder’s submittal will be considered a binding offer to perform the required services, assuming all terms are negotiated satisfactorily. The submission of a bid shall be taken as prima facie evidence that the Bidder has familiarized itself with the contents of this ITB.

MISTAKES – In the event of extension error(s), the unit price will prevail and the bidder’s total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the bidder’s total will be corrected accordingly. Bidders must check their bid proposal where applicable. Failure to do so will be at the bidder’s risk. Bids having erasures or corrections must be initialed in ink by the Bidder.

PERIOD OF OFFER VALIDITY – Bids offered in this ITB must remain firm for a period of ninety (90) days from the ITB opening date.

BID TABULATION AND RESULTS – Bid tabulations shall be available upon written request thirty (30) days after opening. Requests may be emailed to purchasing@flaglercounty.gov. Bid opening results will be available on the 31st day following the bid opening.

mailto:purchasing@flaglercounty.gov

DEFINITION OF RESPONSIVE AND RESPONSIBLE FOR THIS PROPOSAL – Each proposal submittal shall be evaluated for conformance as responsive and responsible using the following criteria:

(a) Proper submittal of ALL documentation as required by this proposal. (Responsive)

(b) The greatest benefits to Flagler County. (Responsible)

Bidders are reminded that an award may not necessarily be made to the lowest bid. Rather, an award will be made to the most responsive, responsible, bidder whose bid represents the best overall value to the county when considering all evaluation factors.

REJECTION/DISQUALIFICATION OF BIDS – The County reserves the right to reject any and/or all bids when such rejection is in the best interest of the County and/or the following reasons:

(a) Failure to update the information on file including address, product, service or business descriptions.

(b) Failure to perform according to contract provisions.

(c) Conviction in a court of law of any criminal offense in connection with the conduct of business.

(d) Evidence of a violation of any federal or state anti—trust law based on the submission of bids or proposals, or the awarding of contracts.

(e) Evidence that the vendor has attempted to give a Board employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the Board’s purchasing activity.

(f) Other reasons deemed appropriate by the Board of County Commissioners

NO LOBBYING – All Bidders are hereby placed on notice that Flagler County Board of County Commissioners, County Employees/Staff, Members of the Evaluation Committee (with the exception of the Flagler County Purchasing Department personnel designated to receive requests for interpretations or corrections) are not to be lobbied, directly or indirectly either individually or collectively, regarding this ITB. During the entire procurement process, all Bidders and their subcontractors, sub-consultants, or agents are hereby placed on notice that they are not to contact any persons listed above for such purposes as holding meetings of introduction, dinners, etc., if they intend to submit or have submitted bids for this project. Any Bidder contacting individuals mentioned herein in violation of this warning may automatically be disqualified from further consideration for this ITB.

AWARD – The County reserves the right to award the contract to the bidder(s) that the County deems to offer the lowest responsive and responsible bid(s), as defined elsewhere in this solicitation. The County is therefore not bound to accept a bid based only on the lowest price.

In addition, the County has the sole discretion and reserves the right to cancel this Bid, to reject any/all bids in part or in whole, to waive any/all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do

so. Nothing prohibits the County from rejecting / rebidding when responses exceed budget, and the County must change the solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest or award only a portion of the solicitation.

Flagler County Board of County Commissioners will award this bid at one of their regularly scheduled meetings and that date will be posted to the County’s Purchasing website upon recommendation of award.

RIGHT TO PROTEST – Any Bidder affected adversely by an intended decision with respect to the award of any ITB shall file, with the Purchasing Department, a written notice of intent to file a protest in accordance with the Flagler County Purchasing Policy. Failure to follow the protest procedure requirements within the time frames prescribed herein as established by Flagler County shall constitute a waiver of your protest and resulting claims.

OWNERSHIP OF DOCUMENTS – All documents resulting from this project will become the sole property of Flagler County. The Bidder must meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Bidder upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County.

COST OF PREPARATION - Costs of preparation of a response to this ITB are solely those of the Bidder.

The County assumes no responsibility for any such costs incurred by the Bidder. The Bidder also agrees that the County bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

SECTION 2 – TERMS AND CONDITIONS

GOVERNING LAWS/RULES/REGULATIONS – All Bidders shall hold all State, Federal, and County licenses required to perform the scope of work as described within the ITB documents. The Bidder shall ensure compliance with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and County.

RESERVATION OF RIGHTS – The County reserves the right to accept or reject any or all bids, with or without cause, to waive technicalities, or to accept the bid which, in its sole judgment, best serves the interest of the County, or to award a contract to the next most qualified Bidder if the successful Bidders do not execute a contract within thirty

(30) days after approval of the selection by the Board of County Commissioners or other competent authority.

Flagler County reserves the right, and the Purchasing Manager has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Flagler County Purchasing Policy. Flagler County reserves the right to request clarification of information submitted and to request additional information of one or more applicants.

UNIFORM COMMERCIAL CODE (APPLICABLE ONLY FOR THE PURCHASE OF

GOODS) The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded bidder/contractor and Flagler County for any terms and conditions not specifically stated in this Invitation for Bid.

PRICE/DELIVERY – Price(s) quoted must be the price(s) for new merchandise unless otherwise specified. Any bids containing modifying, or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

“Acceptance” as herein used means the acceptance by Flagler County after the Manager, Purchasing Division or his authorized agent has, by inspection or test of such items, determined that they fully comply with specifications.

Deliveries resulting from this bid shall be during the normal working hours of the County. Time is of the essence and the bidder’s delivery date must be specified and adhered to. Should the bidder, to whom the order or contract is awarded, fail to deliver on or before his/her stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere, and the awarded bidder will be required to compensate the County for the difference in price paid for the alternate product.

The successful bidder(s) shall be responsible for making any and all claims against carriers for missing or damage items. Partial shipments will be acceptable unless otherwise stated.

FEDERAL AND STATE TAX – Flagler County is exempt from Federal and State Sales and Use Taxes for tangible personal property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida Sales/Use Tax Exemption Certificate). The Purchasing Department will provide an exemption certificate to the successful bidders. Vendors or contractors doing business with

Flagler County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any vendor/contractor be authorized to use the County’s Tax Exemption Number in securing such materials.

AVAILABILITY OF PERSONNEL – Personnel described in the bid shall be available to perform the services as described. All personnel shall be considered to be, at all times, the employees, or agents of the Bidder, and not employees or agents of Flagler County.

ASSIGNMENT OF CONTRACT – The selected Bidder may not make any assignments of their obligations resulting from this ITB without the prior written authorization of Flagler County.

NON-EXCLUSIVITY OF CONTRACT – The selected Bidder understands and agrees that any resulting contractual relationship is non-exclusive, and Flagler County reserves the right to seek similar or identical services elsewhere if deemed in the best interest of Flagler County.

CANCELLATION – The County reserves the right to cancel a resulting contract, without cause, by giving thirty (30) days' prior written notice to the contractor of the intention to cancel, or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of the resulting contract shall be considered a material breach of contract and shall be the cause for immediate termination of the contract at the sole discretion of the County. In addition to all other legal remedies available, the County reserves the right to cancel and obtain from another source, any services which have not been provided within the required period or, if no such time is stated, within a reasonable period from the date of order or request, as determined by the County.

AGREEMENT – The selected Bidder shall be expected to execute an agreement containing the terms and conditions herein. Any exceptions to the terms and conditions contained herein must be identified and agreed upon as outlined herein before consideration of proposal.

This Invitation for Bid shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. The venue for any litigation involving this contract shall be the Seventh Circuit Court in and for Flagler County, Florida.

FLORIDA PROMPT PAYMENT ACT – Payments shall be in accordance with the Florida Prompt Payment Act applicable to local governments.

AVAILABILITY OF FUNDS – Flagler County is obligated only to the extent that funds are included in the County’s fiscal year budget. Should the County not include funds for this expense the Contract is null and void.

ADDITIONAL REQUIREMENTS – The County reserves the right to request additional services relating to this Agreement from the Contractor. When approved by the County as an amendment to this Agreement and authorized in writing, the Contractor shall provide such additional requirements as may become necessary.

OTHER AGENCIES:

(a) All bidders awarded contracts from this Bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the contract under the same prices, terms, and conditions, if agreed to by both parties.

(b) It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency. Further, it is understood that each agency will issue its own purchase order to the awarded bidder(s).

NON-PERFORMANCE/FAILURE TO DELIVER – In the event of failure of the contractor to deliver the goods and services in accordance with the contract terms and conditions, the County may procure the goods and services from other sources and hold the contractor responsible for any resulting additional costs. A failure to deliver will result in immediate termination of the resulting contract, and immediate disqualification and debarment from submitting bids to the County for a maximum of three (3) years.

These remedies shall be in addition to any other remedies that the County may have available.

UNSATISFACTORY WORK – If, at any time during the contract term, the service performed or work done by the contractor is considered by the County to create a condition that threatens the health, safety, or welfare of the community, the contractor shall, on being notified by the County, immediately correct such deficient service or work. In the event the contractor fails, after notice, to correct the deficient service or work immediately, the County shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the contractor. Notwithstanding the above, the County reserves the right to cancel a resulting contract, without cause, by giving thirty (30) days' prior written notice to the contractor of the intention to cancel.

TERMINATION FOR DEFAULT – The County may, by written notice to the Vendor, terminate this Contract for default in whole or in part (delivery orders, if applicable) if the Vendor fails to:

(a) Provide products or services that comply with the specifications herein or fail to meet the County’s performance standards.

(b) Deliver the supplies or perform the services within the time specified in this contract or any extension.

(c) Make progress to endanger the performance of this contract.

(d) Perform any of the other provisions of this Contract.

Prior to termination for default, the County will provide adequate written notice to the Vendor through the Purchasing Department affording him/her the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such termination may also result in suspension or debarment of the Vendor in accordance with the County’s Procurement Policy. The Vendor and its sureties (if any) shall be liable for any damage to the County resulting from the Vendor’s default of the Contract. This liability includes any increased costs incurred by the County in completing Contract performance.

In the event of termination by the County for any cause, the Vendor will have, in no event, any claim against the County for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the County the Vendor shall:

(a) Stop work on the date and to the extent specified.

(b) Terminate and settle all orders and subcontracts relating to the performance of the terminated work.

(c) Transfer all work in process, completed work, and other materials related to the terminated work as directed by the County.

(d) Continue and complete all parts of that work that have not been terminated.

If the Vendor’s failure to perform the Contract arises from causes beyond the control and without the fault or negligence of the Vendor, the Contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity,

(3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather.

TERMINATION FOR CONVENIENCE – The County, by written notice, may terminate this Contract, in whole or in part, when it is in the County’s best interest. If the Contract is terminated, the County shall be liable only for goods or services delivered and accepted. The County’s Notice of Termination may provide the Vendor ninety (90) days prior notice before it becomes effective. A termination for convenience may apply to individual delivery orders, purchase orders or to the Contract in its entirety.

LITIGATION/WAIVER OF JURY TRIAL – This Contract shall be governed by and construed according to Florida Law except its conflict of laws provisions. Venue for any dispute or formal litigation concerning this Contract shall be in the Seventh Judicial Circuit in and for Flagler County. In the event of a dispute or litigation, each party to such dispute or litigation shall be solely responsible for its own attorneys’ fees and costs. This Contract shall not be construed for or against any party hereto, without regard to which party is wholly or partly responsible for its drafting. Each party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any party hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Contract and/or any other claim of injury or damage.

PATENT/COPYRIGHT/TRADE SECRET (INDEMNIFY, DEFEND, HOLD HARMLESS) - The Bidder shall pay all royalties and assume all costs arising from the use of any invention, design, process materials, equipment, product or device which is the subject of patent rights or copyrights. The Bidder shall indemnify, hold harmless, and defend the Flagler County Board of Commissioners, their agents and employees, and anyone directly or indirectly employed by either of them, from and against all liabilities, damages, claims, demands, or actions at law or in equity, including court costs and attorneys’ fees that may hereafter at any time be made or brought by anyone arising out of any infringement of patent rights or copyrights held by others or for the disclosure or improper utilization of any trade secrets by the Bidder while providing services under this agreement.

PUBLIC RECORDS – Pursuant to Section 119.0701(2), Florida Statutes, the Bidder shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the Bidder in conjunction with this Agreement. Specifically, the Bidder must:

(a) Keep and maintain public records that ordinarily and necessarily would be required by the

County in order to perform the service, including but not limited to: correspondence, financial records, permits, and certifications; and

(b) Provide the public with access to public records on the same terms and conditions that the

County would provide the records and at a cost that does not exceed the cost provided in the County’s Public Records Policy, or as otherwise provided by law; and

(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and

(d) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Bidder upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County.

In performing the requirements herein, the Bidder shall promptly provide the County with a copy of any request to inspect or to copy public records in possession of the Bidder and consult with the County to ensure the request is responded to in accordance with the law. The Bidder shall promptly provide the County with a copy of the Bidder’s response to each such request. Failure to grant such public access shall constitute a material default and the County shall be entitled to terminate any Agreement and to pursue any other remedies against Proposer available in equity or at law.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER

119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT (386) 313-4001, PUBLICRECORDS@FLAGLERCOUNTY.GOV, FLAGLER

COUNTY BOARD OF COUNTY COMMISSIONERS, ATTN: ADMINISTRATION, 1769 E.

MOODY BLVD, BLDG 2, BUNNELL, FL 32110.

AUDITABLE RECORDS – The awarded Bidder shall establish and maintain a reasonable accounting mailto:PUBLICRECORDS@FLAGLERCOUNTY.GOV system, which enables ready identification of Bidder’s cost of goods and use of funds. Such accounting system shall also include adequate records and documents to justify all fees for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The County or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the Bidder or its sub-consultants as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the Consultant's place of business. This right to audit shall include the Bidder’s subcontractors used to procure goods or services under the contract with the County. Awarded Bidder shall ensure the County has these same rights with subcontractor(s) and suppliers.

HOLD HARMLESS / INDEMNIFY – The Bidder agrees to indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Contract.

INDEMNIFICATION: (GENERAL LIABILITY) – The selected Bidder shall indemnify, hold harmless, and defend Flagler County and their respective Boards of Commissioners, their agents and employees, and anyone directly or indirectly employed by either of them, from and against any and all liabilities, losses, claims, damages, demands, expenses, or actions, either at law or in equity, including court costs and attorney's fees, that may hereafter at anytime be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or omission, or based on any action of fraud or defalcation by the Proposer, or anyone performing any act required of Proposer in connection with performance of the agreement awarded pursuant to this ITB. These obligations shall survive acceptance of any goods and/or performance and payment therefore by Flagler County.

DRUG-FREE WORKPLACE CERTIFICATION – By submitting a bid in response to this ITB you are certifying that your company is a drug-free workplace in accordance with Florida Statute 287.087.

PUBLIC ENTITY CRIMES – A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a proposal 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Proposer list.

CONFLICT OF INTEREST / STATEMENT OF NON-COLLUSION – The award hereunder is subject to Chapter 112, Florida Statutes. All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the Flagler County Board of County Commissioners. Further, all Bidders must disclose the name of any Flagler County Board of County Commissioners employee who owns, directly or indirectly, an interest of five percent (5%) or more of the Bidder’s firm or any of its branches.

The Bidder shall certify that he/she has not, either directly or indirectly, entered into any Contract, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the ITB and that the Bidder is not financially interested in, or otherwise affiliated in a business way with any other Bidder on the same land or improvements.

EEO STATEMENT – Flagler County is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, handicap, age and gender.

GRATUITIES AND KICKBACKS – Gratuities: It shall be unethical for any person to offer, give, or agree to give any Flagler County BCC employee or former Flagler County BOCC employee, or for any Flagler employee or former Flagler County BCC employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity to the County.

County in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal, therefore.

Kickbacks: It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier sub-contractor or any person associated therewith, as an inducement for the award of a subcontract or order.

Contract Clause: The prohibition against gratuities and kickbacks prescribed in this Section shall be conspicuously set forth in every contract and solicitation, therefore.

AMERICANS WITH DISABILITIES ACT (ADA) – If you need special services provided for under the Americans with Disabilities Act, contact the ADA Coordinator in our Human Resources office at 386- 313-4035 at least 48 hours before the scheduled event.

LITERATURE (if applicable) – If no brand, model or make is specified, Bidders shall submit with the ITB two (2) copies of descriptive literature and technical data, fully detailing all features, designs, construction, appointments, finishes and the like not covered in the specifications, necessary to fully describe the equipment, material, and/or services he proposes to furnish.

LICENSES (if applicable) – The Contractor shall be responsible for obtaining and maintaining city or county occupational license and any licenses required pursuant to the laws of Flagler County or the State of Florida. In furnishing the service or product to the County, the vendor shall comply with all federal, state and county rules, regulations and codes and their successors or amendments. Violation of such laws, rules, regulations and codes may be grounds for delaying or reducing the amount due, or in rescinding the contract, Contract, and proposal or quote.

BRAND NAME OR EQUALS/DEVIATIONS – Unless otherwise specified, the mention of a particular manufacturer’s brand name or number in the specifications does not imply that this product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. Equal offers will be considered and must include descriptive literature and/or specifications. Failure to provide descriptive literature and/or specifications with equal offers will result in the disqualification of the bid.

The determination as to whether any alternate product or service is or is not equal shall be made solely by Flagler County and such determination shall be final and binding upon all bidders. Flagler County reserves the right to request and review additional information to make such a determination.

Although Flagler County provides for the consideration of alternate bids, it reserves the right to make an award in the best interest of the County. Such an award may not necessarily be given to the lowest bid offered.

The bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items bid upon. Unless the bid is in response to a “Brand Name or Equal” requirement, deviations from the specifications will only be considered if requested in writing prior to the date and time specified for receipt of bids. Deviations, if accepted, will be specifically addressed in writing via an addendum to the IFB. Any goods or services that are not in compliance with the specifications will not be accepted.

COPIES – Copies of documents, records, materials, and/or reproductions upon request will be charged in accordance with Flagler County’s fee schedule. Copyrighted materials may be inspected, but cannot be copied or reproduced per Federal law.

PROPRIETARY/RESTRICTIVE SPECIFICATIONS – Prospective bidders, who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must contact the Purchasing Division upon receipt of this Invitation for Bids and prior to bid opening.

Specifications which are unrelated to performance will be considered for deletion via addendum to this Invitation for Bids.

VENDOR ASSISTANCE WITH SPECIFICATIONS – Any prospective bidder which assisted the County in developing or writing the specifications contained herein are requested to so note such on the bid proposal page of their bid response.

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION – By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement:

(a) The prices in this bid have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

(b) Unless otherwise required by law, the prices which have been quoted in this 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; and,

(c) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

SUBCONTRACTING – The Bidder will not sub-contract or enter into any subcontracting agreements pertaining to this contract, without obtaining approval from the Flagler County Purchasing Department.

SUCCESSORS AND ASSIGNS – The County and the vendor each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the County nor the vendor shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and the vendor.

EMPLOYEES OF THE CONTRACTOR – All work under this contract shall be performed in a professional and skillful manner. The County may require, in writing, that the contractor removes from this contract any employee the County deems incompetent, careless, or otherwise objectionable.

EMPLOYMENT OF FORMER FLAGLER COUNTY BCC EMPLOYEES BY ANY PERSON,

BUSINESS, OR ORGANIZATION CONTRACTING WITH FLAGLER COUNTY BOCC –

It shall be a violation for any person, business or organization contracting with Flagler County BCC to employ in any capacity, any former Flagler County BOCC employee or member of Flagler County BCC employee's immediate family within one year of that employee's separation from employment with the County, unless the employer or the former County employee files with the County Clerk, the County’s Employment Disclosure Statement. The penalty for this violation may include disqualification of the bid submission.

ALIEN WORKERS – Flagler County does not award publicly funded Contracts to those who knowingly employ unauthorized alien workers in violation of section 274A of the Immigration and Naturalization Act.

8 United States Code §132a. Such employment deprives legal workers of job opportunities. Violation of section 274A shall be grounds for unilateral cancellation of the Contract, Agreement, Bid or Quote for purchase of services and goods by Flagler County.

E-VERIFY – The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of all persons employed by the Contractor during the term of the Contract to perform employment duties within Florida and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the Department.

INSURANCE REQUIRED – Before execution of the contract by the County and commencement of the operations and/or services to be provided, and during the duration of the contract, the vendor shall file with the County current certificates of all required insurance on forms acceptable to the County, which shall include the following provisions:

1. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the County.

2. The Certificates shall clearly indicate that the vendor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section.

3. No material change or cancellation of the insurance shall be effective without thirty

(30) days prior written notice to the County.

The vendor shall require and ensure that each of its subcontractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein.

Coverage Required – Unless otherwise specified, the Contractor shall, at its sole expense, maintain in effect at all times during the performance of the services insurance coverage with limits not less than those set forth below and with insurers and under forms of policies satisfactory to County.

Coverage Minimum Amounts and Limits

(a) Worker's Compensation Statutory requirements at location of work Employer's Liability $ 1,000,000 each occurrence

$ 1 , 0 0 0 , 0 0 0 disease, aggregate $ 1,000,000 disease, each employee

(b) Commercial General Liability $ No Limit General Aggregate $ No Limit Products - Comp.Ops Agg.

$ 1,000,000 Each Occurrence $ 1,000,000 Fire Damage $ 0 Medical Expense

(c) Automobile Liability $1,000,000 Combined

Single Limit (owned, hired and non-owned) Option of Split Limits:

(1.) Bodily Injury $ 1,000,000 per Person

$ 1,000,000 per Accident (2.) Property Damage $ 1,000,000

(d) Professional Liability $1,000,000 per claim

(when applicable) $1,000,000 annual aggregate Insurance carrier(s) must have a minimum financial rating of A-.

Coverage shall apply to the indemnity provided to Flagler County and shall include Flagler County its officers and employees, as additional insured, as regards to liability arising out of

Contractor's performance of the work or the work performed by others on behalf of Contractor under this Contract. The insurance afforded to the County shall state that it is primary insurance and shall provide for a severability of interest or cross-liability clause.

Prior to entering into the Contract with the County, Contractor shall furnish County with Certificates of Insurance (identifying on the face thereof the Project name and Contract number) as evidence of the above required insurance and such Certificates shall include the following language: Flagler County BOCC as additional insured and an endorsement for which has been issued, subject to a requirement for recurring certificate of insurance every fifteen (15) days from the contract award date until, all obligations under the Contract/Agreement are completed.

Alternatively, in lieu of recurring certificates, The contractor or vendor may provide a certificate of insurance that contains a provision that coverage afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given to the County, except that in the event of cancellation for nonpayment of premium the County shall receive notice as prescribed by state law (10 days). The cancellation clause should read as follows:

“Should any of the described policies be canceled or material modified before the expiration date thereof, the issuing company will mail 30-day prior written notice to the certificate holder named below, except that in event of cancellation for nonpayment of premium, the notice shall be 10 days unless a longer time is prescribed by Florida Statute.”

The County will not maintain any insurance on behalf of the Contractor covering loss or damage to the work or to any other property of Contractor.

None of the requirements contained herein as to types, limits and approval of insurance coverage to be maintained by Contractor are intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under the Contract.

The contractor shall deliver the original Certificate of Insurance and one copy to the agent of the County.

Notices, in the original and one copy, of cancellation, termination and alteration of such policies shall also be provided to the agent of the County.

SECTION 3 – SPECIAL CONDITIONS

PRECEDENCE IN TERMS – In the event of a conflict, the Special Terms and Conditions shall take precedence over all other sections.

PERIOD OF OFFER VALIDITY – Bids offered in this ITB must remain firm for a period of ninety (90) days from the ITB opening date.

TERM OF CONTRACT – The term of this contract will commence upon approval of the Board of County Commissioners and will end upon project completion.

ACCIDENTS:

The Contractor will report to the County's Contract Administrator any and all accidents involving any property damage or personal injury immediately following said accident or discovery of accident damage. The County shall be indemnified and held harmless for such accidents.

INVOICING

Invoices will be paid on a monthly basis for the appropriate services rendered. Invoices must specify each service performed and the cost for that service, based upon the awarded bid pricing.

Payment shall be made in accordance with Florida Statute 218, Florida Prompt Payment Act.

Payment for accepted equipment/supplies/services will be accomplished by submission of an original invoice to:

Flagler County Board of County Commissioners General Service

Department 1769 East Moody Blvd.

Building # 5 Bunnell, FL

32164 Palm Coast, FL

32164

LOCAL VENDOR PREFERENCE PROGRAM

(a) Purpose and Findings: The Local Contractor/Vendor Preference shall not exceed five percent (5%) of all purchases under $500,000, up to 5% for construction projects over $500,000 and up to 5% for contracts under the Contractor’s Competitive Negotiation Act (CCNA). These provisions apply to purchases using Formal Bid, Request for Proposals or Quotes. The County annually spends significant dollars on purchasing personal property, materials, and services, and in constructing improvements to real property or existing structures.