Annual_Pavement_Marking_Services.pdf

INVITATION TO BID

ITB 27-06-LC

ANNUAL PAVEMENT MARKING SERVICES

Alachua County, Florida

County Administration Building

Gainesville, FL 32601

RELEASE DATE: August 12, 2026

DEADLINE FOR QUESTIONS: September 6, 2026

RESPONSE DEADLINE: September 16, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/alachuacounty https://secure.procurenow.com/portal/%7bproject.government.code%7d

Alachua County, Florida

INVITATION TO BID

Annual Pavement Marking Services

I. Introduction II. Instruction to Bidders

III. Terms and Conditions IV. Insurance Requirements V. Scope of Services

VI. Submittals VII. ITB Pricing Form

VIII. Sample Agreements

Invitation To Bid #ITB 27-06-LC Title: Annual Pavement Marking Services

1. Introduction

1.1. Summary

Alachua County Board of County Commissioners are requesting the submission of Bids for ITB 27-06-LC

Annual Pavement Marking Services.

The following apply to this Invitation to Bid (ITB): Introduction, Instruction to Bidders, Terms and

Conditions, Insurance, Scope of Services, Attachments, Sample Agreement, Submittals, and ITB Pricing

Form. Specifications and supplementary documents are essential parts of the ITB and requirements occurring in one are as binding as though occurring in all.

Services, as defined herein, are to include all labor, materials, supplies and equipment in accordance with the terms, conditions, and specifications set forth within this solicitation.

Bidder must be qualified and fully capable of performing the required Services while adhering to all laws, specifications, procedures, protocols, applicable guidance, and industry best practices.

This contract will be for roadway pavement marking services including the following:

• application of two reactive components striping and pavement messages/symbols

• application of thermoplastic striping and pavement messages/symbols

• application of Reflective Pavement Markers (RPMs)

• application of Audible and Vibratory Treatments (AVTs)

• removal of existing markings

• layout work for striping applications

This work will be be comprised of both quarterly maintenance assignments (refreshing existing markings) and assignments on capital improvement (new marking) projects, on an as-needed basis.

1.2. Background

Location: Alachua County is located in North Central Florida. The County government seat is situated in

Gainesville. Gainesville is located 70 miles southwest of Jacksonville, 129 miles southeast of Tallahassee, 140 miles northeast of Tampa - St. Petersburg and 109 miles northwest of Orlando. Alachua County has a population of over 250,000 and a regional airport. The County itself consists of a total area of 969 square miles.

Form of Government: Alachua County is governed by a Board of five (5) elected County Commissioners and operates under the established County Manager Charter form of government. In addition to the five

County Commissioners, there are five elected Constitutional Officers: Supervisor of Elections, Sheriff, Clerk of the Court, Tax Collector, and the Property Appraiser. The Alachua County Attorney also reports to the Board.

https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=2517609 https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=2517610 https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=2517612 https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=2517612 https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=undefined https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=2517616 https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=2517615 https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=undefined https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=2517611 https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=2517608 https://procurement.opengov.com/portal/alachuacounty/projects/262306/document?section=2517608

1.3. Contact Information

Leira Cruz Cáliz, NIGP-CPP, CPPB

Procurement Agent III

Email: lcruzcaliz@alachuacounty.us

Phone: (352) 337-6268

Department:

Public Works

1.4. Timeline

Solicitation Release Date August 12, 2026

Question Submission Deadline September 6, 2026, 12:00am mailto:lcruzcaliz@alachuacounty.us tel:(352)337-6268

Solicitation Submission Deadline September 16, 2026, 2:00pm

The scheduled solicitation opening will occur via

Zoom during a public meeting; the information to join is provided below. Attendance (live viewing) of the proposals opening is not required.

Join Zoom Meeting https://alachuacounty-us.zoom.us/j/87802786974?pwd=ii3kK5yOdz4m42

EyOrENoYfX9G87wq.1

Meeting ID: 878 0278 6974

Passcode: 581222

One tap mobile

+13052241968,,87802786974# US

+13092053325,,87802786974# US

Join instructions https://alachuacounty-us.zoom.us/meetings/87802786974/invitations?sig nature=1J2hqRmLm122SztMEmb5eqdWpfjKtjG_s2

8_mdhAyvM

If you have a disability and need an accommodation in order to participate, please contact the Alachua County ADA Coordinator at

ADA@alachuacounty.us or Equal Opportunity

Office at 352-374-5275 at least 7 business days prior to the event. If you are unable to notify the

Office prior to the event, please inform an Alachua

County employee that you need assistance.

TDD/TTY users, please call 711 (Florida Relay

Service).

https://alachuacounty-us.zoom.us/j/87802786974?pwd=ii3kK5yOdz4m42EyOrENoYfX9G87wq.1 https://alachuacounty-us.zoom.us/j/87802786974?pwd=ii3kK5yOdz4m42EyOrENoYfX9G87wq.1 https://alachuacounty-us.zoom.us/j/87802786974?pwd=ii3kK5yOdz4m42EyOrENoYfX9G87wq.1 https://alachuacounty-us.zoom.us/meetings/87802786974/invitations?signature=1J2hqRmLm122SztMEmb5eqdWpfjKtjG_s28_mdhAyvM https://alachuacounty-us.zoom.us/meetings/87802786974/invitations?signature=1J2hqRmLm122SztMEmb5eqdWpfjKtjG_s28_mdhAyvM https://alachuacounty-us.zoom.us/meetings/87802786974/invitations?signature=1J2hqRmLm122SztMEmb5eqdWpfjKtjG_s28_mdhAyvM https://alachuacounty-us.zoom.us/meetings/87802786974/invitations?signature=1J2hqRmLm122SztMEmb5eqdWpfjKtjG_s28_mdhAyvM mailto:ADA@alachuacounty.us

2. Instruction to Bidders

2.1. Definitions

Where the following terms or their pronouns occur herein, the intent and meaning shall be as follows:

COUNTY/OWNER: Alachua County Board of County Commissioners, Alachua County, Florida.

BID PRICE: The amount bid submitted on the prescribed forms by the Bidder setting forth the prices for the services to be performed.

BIDDER: Any person, vendor, firm, consultant, entity, or corporation submitting a bid for the goods and/or services contemplated herein, or a duly authorized representative.

AGREEMENT: The written agreement between the County and the awarded Bidder resulting from this solicitation, which is approved by the Board, or its designee, along with the bid submitted by the Bidder and all documents identified in this ITB document, its exhibits and any addenda and other Contract

Documents.

CONTRACT DOCUMENTS: The ITB, Agreement, Specifications, Drawings, Addenda whether issued prior to opening of bids or execution of the Agreement and Modifications.

CONTRACTOR: Any person, firm, consultant, entity or corporation, with whom the County has executed an agreement for the performance of the services.

DIRECTOR: The duly authorized representative of the utilizing Alachua County Department or Office or of the Alachua County Library District

ITB: Invitation to Bid

HEADQUARTERED: means the location where an organization, company, or group has its principal office as designated in its articles of incorporation or other initial filing with the Florida Division of

Corporations until an annual report has been filed, and thereafter as designated in the annual report, and the principal office is a bonafide establishment for the transaction of business on a day-to-day basis not just a PO Box.

RESPONSIBLE AGENT: The duly authorized representative of the County during the term period and the

Bidder's authorized representative.

SPECIFICATIONS: The directions, provisions, and requirements contained herein, together with all written agreements made setting out or relating to the method and manner of performing the requested services, the quality of material and personnel to be furnished under the agreement. All applicable laws of the State of Florida, the Federal Government and the Rules and Regulations of the

County of Alachua are hereby adopted and made part hereof as specifications.

SERVICES: To provide all management, supervision, labor, materials, supplies and equipment. To plan, schedule, coordinate and assure effective performance of all services described herein.

2.2. Submission of ITB

The County posts and distributes information pertaining to its procurement solicitations on the County

Public Portal. In order to submit a ITB response to this solicitation the Bidder must be registered with the County's Public Portal.

Costs for the preparation and submittal of bids in response to this Invitation to Bid are entirely the obligation of the Bidder and shall not be chargeable in any manner to the County.

The bid response, containing all required documents, must be received by Alachua County Procurement by 2:00 pm EST on Wednesday, September 16, 2026. The Bidder’s submittal must be completed in the

Public Portal prior to the 2:00 pm EST deadline. THE COUNTY and the PUBLIC PORTAL PLATFORM WILL

NOT ACCEPT LATE SUBMITTALS.

Any required uploaded documents should be done in “portable document format” (PDF) format and be labeled correctly, unless the solicitation states otherwise. The PDF document should be titled with

Bidder’s name, bid number, and if the response is submitted in parts, include “Part # of x”.

Unit price for each unit offered shall be shown, and such price shall include packing and shipping unless otherwise specified. In case of discrepancy between the unit price and extended price, the unit price will be presumed correct. Additional pricing information cannot be added. All or None bids will not be considered unless specifically requested in the ITB.

The Bidders must state a definite time for delivery of supplies or performance of the Services.

The Bidder should retain a copy of all Contract Documents for future reference.

All bids should be submitted with the Bidder's name and by an officer or an authorized representative of the entity who has authority to bind the company or firm.

2.3. Withdrawal of Invitation to Bid

Modifications to or withdrawal of a Bidder’s submittal can be made up to the deadline date.

Modifications and withdrawals must be documented in the Public Portal in order to be recognized by the County. Any Bidder may withdraw their Bid, either personally, electronically, or written request, at any time prior to the scheduled closing time for receipt of Bids. Any bid not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the County adequate time to award the Contract/PO for the services or product specified in this solicitation. Additional pricing information cannot be added.

2.4. Addenda and Notices - Question and Answers

No interpretation of the bid will be made to any interested Bidder orally. Any request from a Bidder for interpretation about this ITB, its attachments or its related documents must be made in writing, via the question and answer tab. Any interpretation to a Bidder will be made only by addendum; duly issued , and a copy of such addendum will be posted to the Public Portal. Oral answers will not be authoritative.

Addenda, questions, and answers so issued shall become part of this ITB.

Addenda Notification: Bidders are required to register for an account via the County's e-

Procurement Public Portal. Once Bidder has completed registration, you will receive addenda https://secure.procurenow.com/portal/alachuacounty https://secure.procurenow.com/portal/alachuacounty https://secure.procurenow.com/portal/alachuacounty https://secure.procurenow.com/portal/alachuacounty notifications to your email by clicking “Follow” on this project. It is sole responsibility of each Bidder to periodically check the site for any addenda and further notices issued at https://secure.procurenow.com/portal/alachuacounty. Failure to receive or review an addenda or notice by the Bidder is not the fault of the County or County staff.

2.5. Acceptance/Rejection of ITB

The County reserves the right to reject any bid which may be considered incomplete, unbalanced, show serious omission, unauthorized alteration of form, unauthorized alternate bids, or contain irregularities of any kind.

The County reserves the right to accept or reject any or all Bids in whole or in part, with or without cause, to waive technicalities, or to accept bids or portions thereof which, in the County's judgment, best serve the interests of the County. Additionally, the County reserves the right to award an agreement to a different bidder if a selected Bidder does not execute an Agreement within thirty (30) days after the award to that Bidder of the ITB. The County may allow alterations, modifications, or revisions to individual elements of the successful bid at any time during the term of the Agreement which results from this ITB.

The thirty day (30) time period may be extended an additional twenty (20) days where the selected

Bidder is unavailable during the initial thirty-day (30) period.

2.6. Electronic Signatures

An electronic version of the submitted bid shall have the same legal effect and enforceability as a paper version. An Electronic Submittal may be executed by use of electronic signatures. Electronic signatures shall have the same legal effect and enforceability as manually written signatures. Delivery and submission of a bid or any other associated document bearing an manually written or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by e-mail in PDF format, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.

2.7. Confidential Information

Responses to this ITB received by the County become public records subject to the provisions of Chapter

119 F.S., Florida's Public Records Law. If you believe that any portion or all of your response is exempt from public records disclosure because it constitutes a trade secret or proprietary confidential business information under Florida Law, or is otherwise exempt from disclosure as a Public Record, you should clearly assert such exemption and state the specific legal authority for the asserted exemption. All material that is designated as exempt from Chapter 119 must be submitted in in the Submittals section, clearly identified as “PUBLIC RECORDS EXEMPT". Furthermore, you must complete all of the Proprietary

Information subsection found in the Submittals section.

Please be aware that the designation of an item as exempt from disclosure as a Public Record may be challenged in court by any person. By your designation of material in your ITB as "Public Records

Exempt”, you agree to defend and hold harmless the County and its commissioners, officers, and https://secure.procurenow.com/portal/alachuacounty https://secure.procurenow.com/portal/alachuacounty https://secure.procurenow.com/portal/alachuacounty/projects/262306/document?section=2517611 employees from any claims, judgments, damages, costs, and attorneys' fees and costs of the challenger and for costs and attorney's fees incurred by the County by reason of any legal action challenging the designation.

2.8. Small Business Enterprise (SBE) Program Participation

The Alachua County Board of County Commissioners has adopted a 15% participation goal of SBE's in the provision of goods, services, construction and utilize a participation program, where permitted. SBE is a vendor that is certified by the Alachua County Equal Opportunity Office prior to the solicitation deadline. The Small Business Enterprise Program Certificate should be uploaded in the Submittals section be considered responsive.

The County will award a price preference to certified SBE vendor or Bidder that meet the SBE participation goal in its response. If the adjusted bid price of the SBE vendor is equal to or lower than the lowest responsive bid, the SBE will be awarded the solicitation.

SBE preference does not apply to contracts that are reserved in accordance with Section 22.11-205, Alachua County Procurement Code, in which the County reserved contracts for only by SBEs. SBE preferences will not be combined.

OPTION 1: Procurement will award 5% bid price preference to any certified SBE that submits a bid.

Bidder must provide the SBE certification or zero preference points will be given.

OPTION 2: Procurement will award 3% bid price preference to any Bidder that agrees to use certified

SBE's for at least 15% of the dollar value of the bid. Bidders should provide the intended SBE subcontractors, the total dollar amount(s) being used for the bid, and the percentage of the total dollar amount of the bid.

OPTION 3: Bidder will certify that their company will perform ALL the work and no SBE subcontractors will be utilized for this bid.

OPTION 4: A Bidder will not receive SBE bid price preference if all work is to be performed by the Bidder and subcontractors are not SBE vendors. The Bidder should demonstrate a good faith effort to utilize

SBE as subcontractors substantiating compliance with good faith effort requirements, if and when the work is not being completed entirely by the Bidder.

Good Faith Effort Requirements: Every competitive ITB, if not submitted by a certified SBE, should demonstrate good faith efforts to utilize SBE as subcontractors. Unless your company will perform all the work and no subcontractors. The Bidder may be expected to furnish documents substantiating compliance with good faith effort requirements

Procurement shall determine what constitutes a “good faith effort” for purposes of Bidder compliance relating to the use of services or commodities of a certified SBE’s, under Section 22.11-207, Alachua

County Procurement Code.

The Equal Opportunity Office maintains a directory of certified SBE’s. The certified Alachua County SBE

Directory is available at: Alachua County Small Business Directory or Visit our web address at http://www.alachuacounty.us/government/depts/as/eo/ for a current listing of SBEs.

https://secure.procurenow.com/portal/alachuacounty/projects/262306/document?section=2517611 https://smallbusdir.alachuacounty.us/ https://alachuacounty.us/depts/eo/smallbusiness/pages/smallbusinessprogram.aspx

For information or to become certified as a SBE in Alachua County, contact the Equal Opportunity Office and request an application at: 352-374-5275 or TDD/TTY: Please Call 711 (Florida Relay System).

2.9. Alachua County Location Preference

The Alachua County Location Preference Program has the goals of employing local residents and businesses, reducing local unemployment, generating tax revenue in Alachua County, rewarding local residents and businesses who contribute to the County through payment of taxes, and providing continuous, stable work for local residents and businesses. A business entity is local based on the following criteria:

• A Vendor is headquartered in the geographic boundary of Alachua County, Florida, for at least twelve months immediately prior to the issuance of the ITB by the County; and

• is the principal Offeror, not a subcontractor or a joint venturer.

A post office box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure, does not constitute a physical business address.

Depending on the County’s funding source and certain requirements, the bidder must certify their location status in Submittals, and will receive 5% bid price preference, provided by Procurement, in the

ITB evaluation.

2.10. Drug Free Workplace

Section 287.087, Florida Statutes states that whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. A bidder certifying a drug-free workplace shall complete the Submittals section.

2.11. Proposed Subcontractors Non-SBE

Bidder shall notify the County of the proposed use of subcontractors in the provision of services required herein by completing and returning the Proposed Subcontractors located in the Submittals section. No subcontractor shall be employed by the Bidder for the provision of these services without the written approval of the County.

2.12. Term of Contract and Renewals

The resulting agreement for services or goods with the selected Vendor/s will be effective for the period beginning on the date of the fully executed agreement. Generally, the term will begin on October 1, 2026, and continue through September 30, 2031 unless earlier terminated as provided herein.

Annually, the County and Vendor will review the contract for compliance and discuss the needs for any amendments or terms and conditions changes.

A contract as a result of the solicitation, shall be deemed effective only to the extent of appropriations available to the County at any time during the contract period.

https://procurement.opengov.com/portal/alachuacounty/projects/266224/document?section=undefined

2.13. Estimated Quantities

Whenever a bid requests prices to be firm for the period of performance, the quantities or usages shown are estimated only with no guarantee made by the County that these quantities shall be purchased. The quantities shown are the Bidders' information only, and the County shall be bound only for actual quantities ordered.

2.14. F. O. B. Destination - Performance Time

Unless otherwise specified in the ITB, all prices offered by the Bidder must be F.O.B. Destination, inside delivery, with all delivery costs included in the bid price. Specific destination is indicated in the ITB.

Failure to do so may cause rejection of the bid.

All material and parts shall be quoted F.O.B. destination, at the job site. The performance time may be a factor in the evaluation of the ITB. It is to be emphasized that the meeting of specified performance schedules is a significant part of ability to perform and that failure to meet such schedule may result in termination of the Agreement and may be considered in the evaluation of future bids received by the

County from the Bidder.

2.15. Qualification of Bidders

• Consideration: Bids will be considered only from individuals and entities that normally engaged in providing and performing Services specified herein. Bidders shall be required to show that they have had experience in providing Services the same or similar nature and that the Bidder has been in formal existence and engaged in similar type Services for not less than five (5) years.

• General: Bidder must have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the County, and shall have all necessary licenses and permits required by law to provide the Services to the County.

• Bidder's Information: The County reserves the right before recommending any award to inspect the facilities and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. Bidders are required to complete and answer all the Bidder Questionnaire questions located in the Submittals section.

• Performance: The County will determine whether there is evidence of Bidder’s ability to perform the Services satisfactory and the County reserves the right to reject bids where evidence submitted, or investigation and evaluation by County staff indicates inability of the

Bidder to perform the Services.

2.16. Consideration of ITB and Award of Contract

The award of the contract, if it is awarded, will be to the lowest responsive and responsible Vendor whose qualifications indicate the award will be in the best interest of the County, and whose response complies with all prescribed requirements. No award will be made until the County has concluded such investigations as the County deems necessary to establish the responsibility, qualifications and financial ability of the Vendor to do the work in accordance with the contract documents to the satisfaction of the County within the time prescribed.

The County may choose to award to multiple vendors. However, the actual assignment of work shall be subject to County's needs starting with the primary vendor and then determining the workload and the contractor's availability at the time the work is required. Contractors acknowledge that work assignments may vary over the term of the agreement and that no contractor is guaranteed a specific amount of work.

If the contract is awarded, the County will accept the response and award the contract to the successful

Vendor(s) within one hundred twenty days (120) days after the opening of the Solicitation by written notice to the successful Vendor(s). Additional days may be added upon mutual written agreement between the County and the successful Vendor(s).

The County reserves the right to reject any or all responses and to waive informalities, or to accept any response or combination of responses which, in the County's judgment, will best serve its interest.

2.17. Issuance of Work for Contracted Services

Work under this contract shall be initiated by the issuance of a written Work Order (WO) and/or Notice to Proceed (NTP) by Alachua County to the primary awarded Vendor.

If the primary vendor fails to respond, as described in the Scope of Services, Alachua County reserves the right, at its sole discretion, to issue the WO/NTP to the secondary awarded vendor and so on until such time an awarded vendor executes a WO/NTP and work can commence.

Any awarded vendor shall perform the work under the same terms, conditions, specifications and pricing established in this solicitation/contract.

2.18. Variations of Specifications

No alternative bids specification shall be submitted unless specifically requested in the "Invitation to

Bid" document.

2.19. Acceptance of the ITB

The signed ITB shall be considered an offer on the part of the Bidder. Such offer shall be deemed acceptable upon completion of all steps in the procurement process and execution of a Contract by the

County.

The material delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the County. It must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the County is found to be defective or does not conform to specification, the County reserves the right to cancel the order upon notice to the Bidder and return product to Bidder at the Bidder's expense. The County shall not be liable for payment for any portion thereof.

2.20. Delivery

Time is of the essence in the filling of this order. No delays in shipment and material or rendition of

Services will be permitted except as authorized by the County in writing. Please notify the County at once of any anticipated delays. Excessive or unusual transportation charges caused by the Bidder's inability to deliver by specified date and in specified quantities shall be charged to the Bidder. Right is reserved by the County to cancel an order or any part thereof if the foregoing is not complied with. In the event of cancellation, the County may procure similar articles or Services elsewhere or secure the manufacture and delivery of the articles or Services by purchase order or otherwise, and Bidder shall be liable to the County for the difference and any excess costs.

2.21. Examination of Property

Before submitting the ITB, it shall be the Bidder's responsibility to visit the site of the proposed Services and familiarize the Bidder with the nature and extent of the Services and any local conditions, either surface or subsurface, that may in any way affect the Services to be done and the equipment, materials and labor required.

The Bidder is also required to carefully examine the Specifications and Contract Documents, to inform themselves regarding any and all conditions and requirements that may in any manner affect the

Services to be performed under the Agreement. Failure to do so will not relieve the Bidder of complete performance under the Agreement.

2.22. Manufacturer's Certification

The County reserves the right to request from Bidders a separate manufacturer certification of all statements made in the bid. Failure to provide such certification may result in rejection of bid or default termination of Agreement for which the Bidder must bear full liability.

2.23. Right to Protest

Protests and appeals of solicitations and awards by a Bidder will be by the method provided in the

Alachua County Procurement Code https://alachuacounty.us/depts/procurement/pages/procurementmanual.aspx. The term “Bidder” for this part includes any person or entity that responds to any type of solicitation issued by the County

(e.g., ITB, RFP, ITN), and is not limited solely to a person or entity that submits a proposal in response to an ITB.

2.24. Responsible Agent

The Bidder shall designate and submit a responsible agent and alternate as necessary, for all dealings, communications, or notices or contracts between the County and the Bidder, see Submittals section.

The Director will be the responsible agent for the County. Any notice or communication to or from the responsible agent shall be deemed to be a communication to the Bidder.

2.25. Corporate Resolution

A business entity is able to engage in business in its own name, entering into contracts, deeds and other legal documents, just like an individual. The board of directors can name the officers with authority to https://alachuacounty.us/depts/procurement/pages/procurementmanual.aspx sign those documents in its bylaws or corporate resolutions. These officers named have the express, actual authority to legally bind the entity to the documents they sign. That is, any document they sign is considered to be signed by the entity itself. A Bidder certifying a corporate resolution shall complete the

Submittals section.

2.26. Disqualification of Bidders

Only the Response from an individual, firm, partnership, or corporation, under the same or different names, will be considered for the same Work. Should it be evident that any Vendor is interested in more than one response for the same Work, all responses in which such Vendor is interested will be rejected.

Should there be reasonable ground for the County or Director to believe that collusion or combination exists among Vendors, all Responses may be rejected and all participants in such combination or collusion may be barred from submitting future Responses for the same Work.

Only reliable Vendors, capable of performing the class of Work proposed, will be considered in awarding the contract. If the available evidence of competency of any Vendor is not satisfactory to the County, the Response of such Vendor may be rejected.

2.27. Escalation Clause

This clause is designed to accommodate changes in market conditions, inflation rates, and other economic factors over the duration of the contract. The annual price escalation percentage will be determined based on reliable economic indicators and industry trends and not exceed 3%. The purpose of this clause is to ensure fair and equitable pricing throughout the contract term. Bidders are required to provide clear information on how price adjustment requests were provided to the County. Bidders are advised that price escalation request are required 120 days prior to the start of a new term or renewal. The County reserves the right to accept or reject any escalation request, regardless of when it was received.

3. Terms and Conditions

3.1. Non-Warranty of Specifications

Due care and diligence have been used in preparing the Specifications, The County does not guarantee that the conditions described within the Specifications are the conditions that will be found in the field when the actual Services are commenced. The County shall not be responsible for any error or omission in the Specifications, nor for the failure on the part of the Bidders to determine the full extent of the request. It is the sole responsibility of the Bidder to ensure that they have all information necessary for the submittal of bids.

3.2. Request for Clarification

The County reserves the right to request clarification of information submitted and to request additional information of one or more Bidder, either orally or in writing.

3.3. U.S. Department of Homeland Security E-Verify System

Pursuant to F.S. sec. 448.095, Contractor shall register with and use the U.S. Department of Homeland

Security’s E-Verify system to verify the work authorization status of all new employees of the Contractor during the term of the Agreement. Contractor shall require any subcontractors performing work or providing Services under this Agreement to register and use the U.S. Department of Homeland

Security’s E-Verify system to verify the work authorization status of all new employees of the subcontractor during the term of this Agreement, and otherwise comply with Florida law. The E-Verify system is located at https://www.uscis.gov/E-Verify. Failure to comply with this section is grounds for termination and the contractor (a) may not be awarded a contract with the County for at least 1 year after the date on which the contract was terminated and (b) is liable for any additional costs incurred by the County as a result of termination of this Agreement.

3.4. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

3.5. Discriminatory Vendor List

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid or reply on a contract to provide any goods or services to a public entity; may not submit a bid 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 or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

https://www.uscis.gov/E-Verify

3.6. Vendor Eligibility

An bidder, entity or affiliate who has been placed on any of the list's below may not respond to solicitation.

Convicted Vendor List

Suspended Vendor List

Discriminatory Vendor List

Scrutinized List of Prohibited Companies

Federal Excluded Parties List

Lists are available at the following Department of Management Services site:

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted

_suspended_discriminatory_complaints_vendor_lists

3.7. Workplace Violence

Employees of Bidder are prohibited from committing any act of workplace violence. Violation may be grounds for termination. Workplace violence means the commission of any of the following acts by a

Bidder's employee.

Battery: intentional offensive touching or application of force or violence to another.

Stalking: willfully, maliciously and repeatedly following or harassing another person.

3.8. Governing Law

This solicitation, its terms and conditions, and the resulting Agreement shall be governed in accordance with the laws of the State of Florida. In the event any related legal action is brought, venue shall be in court of competent jurisdiction in and for Alachua County, Florida.

3.9. Laws, Permits and Regulations

The awarded Bidder shall obtain and pay for all necessary permits, permit application fees, licenses or any fees required.

The Bidder shall comply with all federal, state and local laws, ordinances, rules, regulations and building code requirements applicable to the Services contemplated in the ITB. The contracted Bidder is presumed to be familiar with all federal, state and local laws, ordinances, code, rules and regulations that may in any way affect the Services. Ignorance on the part of the Bidder will in no way relieve it of responsibility.

All corporations, LLCs, limited and general partnerships, LLPs and LLLPs wishing to do business within the

County must register, and be in active status with the Florida Department of State, Division of

Corporations at the following web site: http://www.sunbiz.org/. Failure to register and be active with the Florida Department of State may result in the bid being determined as non-responsive.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists https://dos.myflorida.com/sunbiz/

The awarded Bidder must agree to abide by and conduct its programs and provide its services in compliance with the provisions of the Civil Rights Act of 1866, Civil Rights Act of 1871, Equal Pay Act of

1963, Civil Rights Act of 1964, Age Discrimination and Employment Acts of 1967, Rehabilitation Act of

1973, 1990 Americans with Disabilities Act, 1991 Federal Civil Rights Act, 1992 Florida Civil Rights Act, and all other applicable ordinances, statutes, laws and amendments thereto.

3.10. Indemnification

If the Bidder is selected to provide Services for the County, then an Agreement will be entered between the County and the Bidder, and the Bidder as Contractor, shall agree to protect, defend, indemnify, and hold harmless the County and its commissioners, officers, employees and agents (the “County”) from and against any and all claims, losses, penalties, damages, costs, charges, liabilities and cause of actions of every kind and character, including attorneys’ fees and costs, arising out of or directly or indirectly relating to scope of services and/or the Agreement and/or the performance hereof. Without limiting the generality of the foregoing, any and all such claims, etc., including but not limited to personal injury, death, damage to property (including destruction) defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statutes, ordinance, administrative order, rule, or regulation or decree of any court, shall be included in the indemnity. Proposer agrees that indemnification of the County shall extend to any and all Services and work performed by the Contractor, its subcontractors, employees, agents, servants or assigns. This obligation shall in no way be limited in any nature whatsoever by any limitation on the amount or type of Contractor's insurance coverage. In the event the County is alleged to be liable on account of alleged acts or omissions, or both, of Contractor or Contractor’s employees, representatives or agents, then

Contractor will investigate, respond to and provide a defense for any allegations and claims, at

Contractor’s sole costs and expense. Furthermore, Contractor will pay all costs, fees and other expenses of any defense, including but not limited to, all attorneys' fees, court costs and expert witness fees and expenses. Contractor and County will jointly cooperate with each other in the event of any litigation, including any request for documentation. This indemnification provision will survive the termination of the Agreement. Nothing contained herein shall constitute a waiver by the County of sovereign immunity or the provisions or limitation of liability of §768.28, Florida Statutes, as may be amended.

3.11. Default and Termination

The failure of either party to comply with any provision of the Agreement shall place that party in default. Prior to terminating the Agreement, the non-defaulting party shall notify the defaulting party in writing. Notification shall make specific reference to the provision which gave rise to the default.

The defaulting party shall be given seven (7) days in which to cure the default. Director is authorized to provide written notice of termination on behalf of the County, and if the default situation is not corrected within the allotted time, the County is authorized to provide final termination notice on behalf of the County to the Awarded Bidder.

The County may terminate this agreement without cause by first providing at least thirty (30) days written notice to the Awarded Bidder prior to the termination date. The Director is authorized to provide written notice of termination on behalf of the County.

If the awarded Bidder is adjudged bankrupt, either voluntary or involuntary, the County may terminate the contract effective on the day and at the time the bankruptcy petition is filed and may proceed to provide service as previously outlined.

In the event funds to finance this contract become unavailable, the County may terminate the contract with no less than twenty-four hours’ notice in writing to the Awarded Bidder. The County shall be the final authority as to the availability of funds.

3.12. Independent Contractor

In the performance of the Agreement, the Awarded Bidder will be acting in the capacity of an independent contractor and not as an agent, employee, partner, joint venture, or associate of the

County. The Awarded Bidder shall be solely responsible for the means, method, technique, sequences, and procedures utilized by the Awarded Bidder in the full performance of the Services and the

Agreement.

3.13. Non Wavier

The failure of either party to exercise any right shall not be considered a waiver of such right in the event of any further default or noncompliance.

3.14. Successors and Assigns

The Awarded Bidder binds its respective successors and assigns in all respects to all of the terms, conditions, covenants, and provisions of the Agreement, and any assignment or transfer by the Awarded

Bidder of its interest in the Agreement without the written consent of the County shall be void. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the

County or Awarded Bidder, nor shall it be construed as giving any right or benefit hereunder to anyone other than the County or the Awarded Bidder.

3.15. Amendments

The Agreement may be amended by mutual written agreement of the parties and may be changed only by such written amendment.

3.16. Assignment of Personnel

All personnel assigned to the Services by the Bidder will be subject to the approval of the County and no changes shall be allowed unless prior written approval is obtained.

3.17. Conflict of Interest

The Bidder certifies that to the best of their knowledge or belief, no elected/appointed official or employee of the County is financially interested, directly or indirectly, in the purchase of the goods or services specified on this ITB.

Bidders are required to complete and answer the Bidder Questionnaire question located in the

Submittals section.

3.18. Collusion

The Bidder, by submitting their bid form, declares that their bid is made without any previous understanding, agreement, or connections with any persons, firms or corporations making a bid on the same items and that it is in all respects, fair, and in good faith without any outside control, collusion, or fraud.

The Bidder, by submitting their bid form, declares that no County Commissioner, other County officer, or County employee, directly or indirectly owns more than five (5) percent of the total assets or capital stock of the bidding entity, nor will directly or indirectly benefit by more than five (5) percent from the profits or emoluments of this contract.

3.19. Accident Prevention

Precaution shall be exercised at all times for the protection of employees, other persons and property.

Bidder's employees shall report to their superintendent any hazardous conditions or items in need of repair noted at or on property owned by or in possession of Alachua County during the performance of

Services. Said superintendent shall thereupon notify the responsible agent or his designee of such conditions.

3.20. Purchases by Other Public Agencies

With the consent and agreement of the successful Bidder(s), purchases may be made under the agreement by other governmental agencies or political subdivisions. Such purchases shall be governed by the same pricing, terms and conditions stated herein. The agreement in no way restricts or interferes with the right of any public agency or political subdivision to bid any or all of the items or services independently.

3.21. Examination of Invitation to Bid

Before submitting a bid, it shall be the Awarded Bidders' responsibility to examine thoroughly the ITB or other related documents (where applicable) to be informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Agreement. Failure to do so will not relieve the selected Awarded Bidder of complete performance under the Agreement.

3.22. Payments

All payments will be made in accordance with the Agreement.

The Contractor shall accept payment via EFT (Electronic Fund Transfer), and upon receipt of the approved Contract/Purchase Order complete this process with Alachua County.

All applications for payment shall be processed and paid in accordance with the provisions of Chapter

218, Part VII Florida Statutes (“Local Government Prompt Payment Act”).

3.23. Assignment of Interest

The parties recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the County. Therefore, the vendor hereby assigns to the County any and all claims for such overcharges as to goods, material or services purchased in connection with the

Agreement. However, for all other assignments, neither party will assign, convey, pledge, sublet, transfer or otherwise dispose any interest in this Agreement and shall not transfer any interest in same without prior written consent of the other party.

3.24. Interest in Government Contracting

In accordance with F.S. sec. 287.05701, Alachua County, including any members of a selection committee utilized by the County, will not (a) give preference to a vendor based on the vendor’s social, political or ideological interests, and (b) request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.

3.25. Book and Records

The County shall have the right to audit, review, examine and transcribe any pertinent records or documents relating to any contract resulting from this solicitation held by the Contractor. The

Contractor will retain all documents applicable to the contracts for a period of not less than three years after final payment is made.

3.26. Warranty

In addition to any warranty implied by law or fact, and any other express warranties, bidder expressly warrants all items to be free from defects in design, workmanship and materials; to conform strictly to applicable specifications and to be fit and sufficient for the purpose intended to be merchantable. All warranties shall survive inspection, test, acceptance of and payment by the County

3.27. Taxes

The County is exempt from any taxes imposed by the State and/or Federal Government. Exemption

Certificate will be provided upon request.

3.28. Quality

All materials shall be new and in no case will used, reconditioned or obsolete parts be acceptable. All equipment specifications are to be considered minimum requirements.

3.29. Modifications

This agreement constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the Procurement Manager.

The County will not be bound under this agreement for similar or like services being provided by County agencies or for services entered into by the County under a separate agreement.

3.30. Severability

If any provisions of this agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect.

4. Insurance Requirements

4.1. TYPE A INSURANCE REQUIREMENTS: Trade Contractors/ Service Contracts

The Contractor shall procure and maintain for the duration of this contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the contractor/vendor, his agents, representatives, employees or subcontractors.

COMMERCIAL GENERAL LIABILITY

Coverage must be afforded under a per occurrence form policy for limits not less than $1,000,000

General Aggregate, $1,000,000…