B-25-01-BCPEPC_-_WATER_&_WASTEWATER_CHEMICALS_COMPLETE_BID_PACKAGE.pdf

ITB B-25-01-BCPEPC

WATER AND WASTEWATER TREATMENT CHEMICALS

INVITATION TO BID

COOPERATIVE SOLICITATION

Brevard County Public Entity

Purchasing Cooperative

City of Cocoa (Lead Agency)

B-25-01-BCPEPC

WATER AND WASTEWATER

TREATMENT CHEMICALS

Publish Date August 2, 2024

Brevard County · Canaveral Port Authority · Cape Canaveral · Cocoa · Cocoa Beach · Melbourne · Melbourne Beach · Palm Bay · Rockledge · School Board of Brevard County · Titusville

TO OUR PROSPECTIVE CONTRACTORS:

The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Brevard County Public Entity Purchasing Cooperative.

Local Governmental entities within the Brevard County area, currently consisting of 12-members, have entered into an Interlocal Agreement to create a Cooperative Purchasing group within our geographical area. The Brevard County Public Purchasing Cooperative was formed in an effort to develop cooperative relationships among its participants for the purpose of seeking responses to solicitations which may result in lower costs to group participants on commonly used commodities, better quality of products and lower administrative costs.

The government entities participating in this particular procurement and their respective delivery locations are listed in the attached document.

Brevard County Public Entity Purchasing Cooperative Procurement Operational Procedures:

• All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "Lead Entity". All responses are to be returned in accordance with the instructions contained in the attached document.

• The solicitation specifications, terms and conditions shall be the controlling document. Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract and issue its own tax exemption certificates as required by the Contractor.

• Invoicing instructions and delivery locations will be in accordance with the respective entity requirements.

• Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise.

• The Contractor(s) shall furnish the Lead Entity a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include Agency name, contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity.

• Municipalities and other governmental entities which are not members of the Brevard County Public Entity Purchasing Cooperative may utilize any contract awarded by the Brevard County Public Entity Purchasing Cooperative. Public Entity Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead entity.

• None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. 

Table of Contents

SECTION 1 INTRODUCTION

1.1 SUMMARY OF PROJECT

1.2 GENERAL DELIVERY REQUIREMENTS

1.3 DELIVERY INSTRUCTIONS:

1.4 SOLICITATION SCHEDULE

1.5 TERM

1.6 PRICING

1.7 ORDER QUANTITIES

1.8 KNOWN LOCATIONS

SECTION 2 INSTRUCTIONS TO BIDDERS

2.1 BID DOCUMENTS

2.2 BID SUBMITTAL AND DELIVERY

2.3 PUBLIC OPENING

2.4 UNBALANCED BIDS

2.5 ON-LINE SERVICE PROVIDER DISCLAIMER

2.6 SOLICITATION DOCUMENTS

2.7 MANDATORY PRE-BID MEETING

2.8 CONE OF SILENCE/LOBBYING

2.9 INTERPRETATIONS AND QUESTIONS

2.10 BID COMPLETENESS AND COMPLIANCE

2.11 DETERMINING RESPONSIBILITY

2.12 BID FORMS/REPRODUCTION

2.13 BIDDER ACKNOWLEDGEMENT

2.14 BIDS TO REMAIN FIRM

2.15 COST OF SUBMITTAL

2.16 IMPROPER IDENTIFICATION AND TIMELINESS

2.17 CORPORATE STANDING AND AUTHORIZED SIGNATORY

2.18 PROPRIETARY INFORMATION

2.19 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

2.20 FAILURE TO COMPLY WITH BID INSTRUCTIONS

2.21 AMERICANS WITH DISABILITIES ACT

2.22 OFFICE OF RECORD

2.23 MODIFICATION OR WITHDRAWAL OF BIDS

2.24 CONFLICTS WITHIN SOLICITATION

2.25 JOINT VENTURES

SECTION 3 SPECIAL CONDITIONS

3.1 BID SECURITY BOND – NOT USED

3.2 PERFORMANCE AND PAYMENT BONDS-NOT USED

3.3 TIME FOR COMPLETION AND LIQUIDATED DAMAGES-NOT USED

SECTION 4 GENERAL TERMS AND CONDITIONS

4.1 AWARD OF CONTRACT

4.2 DAMAGES

4.3 NOTICE TO PROCEED

4.4 SUPERVISION

4.5 FAILURE OF PERFORMANCE AND/OR DELIVERY

4 . 6 PERFORMANCE EVALUATION

4.7 PROTECTION OF PROPERTY

4.8 SERVICE REQUIREMENTS

4.9 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH

4.10 WARRANTY

4.11 INSPECTION/TITLE/ACCEPTANCE OF GOODS/SERVICES

4.12 NON-EXCLUSIVE CONTRACT

4.13 MATERIAL DEVIATIONS

4.14 OWNERSHIP OF DOCUMENTS

4.15 PUBLIC RECORDS COMPLIANCE

4.16 FUND AVAILABILITY

4.17 PROMPT PAYMENT ACT

4.18 RESERVED

4.19 INVOICES/APPLICATION FOR PAYMENT

4.20 W-9 FORM

4.21 MOST FAVORED CUSTOMER

4.22 PRICE REDUCTION CLAUSE

4.23 PURCHASING AGREEMENTS WITH OTHER GOVERNMNETAL AGENCIES

4.24 ESTIMATED QUANTITIES

4.25 FOREIGN CORPORATION

4.26 PUBLIC EMERGENCIES

4.27 SPECIFICATIONS/DEVIATIONS

4.28 PERMITS, LICENSES AND FEES

4.29 SUB-CONTRACTORS

4.30 TAXES

4.31 COMPLIANCE WITH ALL LAWS AND VENUE

4.32 NEW PRODUCT

4.33 EQUAL OPPORTUNITY

4.34 PUBLIC ENTITY CRIMES

4.35 SOVEREIGN IMMUNITY

4.36 RIGHT TO CANCEL OR REJECT

4.37 ADDITIONAL INFORMATION

4.38 UNIT PRICE ACCURACY

4.39 MATHEMATICAL ERRORS

4.40 UNBALANCED BIDDING PROHIBITED

4.41 FRONT LOADING OF BID PRICING PROHIBITED

4.42 REASONABLE PRICES

4.43 DELIVERY

4.44 SPLIT AWARD – NOT APPLICABLE

4.45 BID PRICE SCHEDULE

4.46 BID TABULATION

4.47 BIDDER’S SPECIFICATIONS AND NOT BIDDING

4.48 PRE-AWARD INSPECTION

4.49 EXISTING PERMITS AND IDENTIFICATION NUMBERS

4.50 DRUG-FREE WORKPLACE PREFERENCE

4.51 CONFLICT OF INTEREST

4.52 NON-COLLUSION/LOBBYING CERTIFICATION

4.53 CONSTRICTING CONDITIONS

4.54 DEBARRED BIDDERS

4.55 NOTICES OF INTENT

4.56 PROTESTS AND APPEALS

4.57 SCRUTINIZED COMPANIES

4.58 FORCE MAJEURE

4.59 INSURANCE REQUIREMENT

4.60 EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)

4.61 AUDITS AND RECORDS

4.62 INDEPENDENT CONTRACTOR AND LIABILITY

4.63 INDEMNIFICATION

4.64 CHANGES, MODIFICATIONS AND WAIVER

4.65 ASSIGNMENT

4.66 TERMINATION

4.67 ATTACHMENTS AND EXHIBITS

4.68 OWNERSHIP AND RIGHTS IN DATA

4.69 ADMINISTRATIVE PROVISIONS

4.70 TIE BIDS

SECTION 5 CHEMICAL SPECIFICATIONS

5.1 QUICKLIME

5.2 SODA ASH

5.3 ANHYDROUS AMMONIA

5.4 HYDROFLUOSILICIC ACID

5.5 CARBON DIOXIDE

5.6 FERRIC SULFATE

5.7 LIQUID OXYGEN

5.8 AMMONIUM SULFATE

5.9 WISPROFLOC – N- STARCH

5.10 LIQUID ALUMINUM SULFATE

RESPONSE COVER PAGE

1 SUBMITTAL ACKNOWLEDGEMENT

2 BID FORM

3 EXCEPTIONS TO SPECIFICATIONS/DIVIATIONS OR CLARIFICATIONS

4 REFERENCES

5 STATEMENT OF BIDDER'S QUALIFICATIONS

6 INSURANCE REQUIREMENTS

7 CERTIFICATE OF NON-SEGREGATED FACILITIES

8 DRUG-FREE WORKPLACE CERTIFICATION

9 CONFLICT OF INTEREST AND NON-COLLUSION STATEMENT

10 ORGANIZATIONAL INFORMATION

11 PROPOSED SCHEDULE OF SUBCONTRACTOR PARTICIPATION

12 TRUTH-IN-NEGOTIATIONS CERTIFICATION

13 CONTRACTOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES

14 E-VERIFY CONTRACTOR AFFIDAVIT

15 FEDERALLY REQUIRED CONTRACT CLAUSES FOR FEMA

16 SOLICITATION RESPONSE IDENTIFICATION LABEL

ATTACHMENT 1

SERVICE AGREEMENT

INVITATION TO BID

Issuance | Release Date: August 2, 2024 To: All Prospective Bidders From: Brian Dale, Purchasing Manager

SECTION 1 INTRODUCTION

The City of Cocoa acting as the lead agency, on behalf of the Brevard County Public Entity Purchasing Cooperative (BCPEPC) is accepting sealed bids from all licensed, qualified firms or individuals interested in supplying and delivering water treatment chemicals or related material as described in this Invitation to Bid (ITB). The City of Cocoa intends to make multiple awards to the lowest and best bidder for each of the chemicals listed below. Once awarded, any Brevard County Public Entity Purchasing Cooperative member, or any other governmental entity, collectively referred to herein as BUYER, may purchase from this contract.

1.1 SUMMARY OF PROJECT

Furnish all materials, service, equipment, and labor required for one or more of the following water and wastewater treatments chemicals: Quicklime, Soda Ash, Anhydrous Ammonia, Hydrofluosilic Acid, Carbon Dioxide, Ferric Sulfate, Liquid Oxygen, Ammonium Sulfate, Wisprofloc-N Starch, Liquid Aluminim Sulfate

Detailed specifications and requirements for each chemical can be found in section five of this announcement.

BCPEPC member delivery addresses are provided in the tables below for informational purposes only. Actual quantities will be determined by the member entity upon placing an order. Member participation may vary.

Prospective Bidders may bid on one or more items. If you are interested in preparing a response to this ITB, please read the requirements carefully and complete the bid in the manner as set forth in this ITB document.

Your response is considered a binding offer to perform in the manner described in the bid response and shall remain a firm offer for a period of ninety-day (90) days from public opening.

1.2 GENERAL DELIVERY REQUIREMENTS

1. Contractor(s) warrants that chemicals provided as a result of this RFP:

a. Conform to the most current NSF 60/61 and/or ANSI/AWWA standards for water

b. Conform to the additional specific chemical specifications contained herein

c. Are free from impurities of any kind

2. If at any time, any chemical supplied by the Contractor(s) fails to conform to the specifications of the utilizing agency, then the Contractor shall at no additional cost to the Buyer promptly replace with item that meets specifications.

3. DELIVERY TIME: Chemicals are to be delivered on an as-needed basis to the MEMBER further referred to as BUYER, placing the order within three days (72 hours) of order by the operations staff including weekends and holidays, unless otherwise agreed upon at time of order.

4. Delivery Locations as listed in the announcement or as agreed by Purchase Order.

1.3 DELIVERY INSTRUCTIONS:

1. The Contractor shall be responsible for unloading chemicals with the supervision of plant personnel (pre-inspection of unloading facility is highly recommended). The Contractor shall provide a weight ticket with each delivery, which shows the weight of the chemical on the truck delivering the bulk shipment and the number of gallons. The Contractor shall provide a delivery truck with the capability of unloading the chemical using the truck air supply.

2. The Contractor shall insure all hoses used in unloading of chemicals are in good condition. Any unauthorized discharge of chemical during the unloading process shall be contained and disposed of by the Contractor in accordance with all safety guidelines.

3. The Contractor(s) guarantees the delivery of chemicals within the prescribed delivery schedule of the Buyer.

Failure to deliver at the time specified, or as amended in writing by the Buyer or failure to make replacements of rejected chemicals shall constitute a breach of contract.

4. All deliveries under this contract shall be accompanied by a receiving ticket that shall be supported by a minimum of:

• Contractor(s) Name

• Purchase Order and Call Order Number (release number)

• Date of Delivery and Date of Order

• Materials Furnished

• Quantity, unit price and extension of each item, and total in accordance with the contract

• Name of authorized representative ordering supplies

5. A Contractor’s delivery ticket will be signed in duplicate by the Contractor’s designated representative. One copy will be given to the employee signing for the delivery and a second copy will be retained by the Contractor. If required by the Buyer, the Contractor(s) will call the treatment facility prior to delivery and shall provide advance information as required by the Buyer which may include a copy of the driver’s license, a chemical shipping itinerary sheet with the manifest numbers or other pertinent information.

6. The following MSDS related documentation must be furnished to the Buyer upon request:

• A copy of the most current MSDS Report for each chemical your firm is offering pricing must be provided prior to award.

• National Sanitation Foundation certification for the quoted chemical.

• Chemical certificate of analysis for all chemicals.

7. Additional requirements may apply as defined in the material specification sheet.

1.4 SOLICITATION SCHEDULE

Tentative Schedule (all Local Times) Task Date

ITB Released Friday, 08/02/2024 at 8:00am EST Mandatory Pre-Bid Conference N/A Deadline for Questions Monday, 08/12/2024 at 5:00pm EST Bid Due Date and Time Tuesday, 08/27/24 at 3:00pm EST Award September 2024

• Questions regarding this solicitation must be received in writing at the address above no later than

August 12, 2024, at 5:00PM. Responses to those questions considered material to the solicitation shall be distributed via formal addenda and posted to the City of Cocoa website:

https://www.cocoafl.org and to the City’s online bidding platform, Vendor Link, http://www.myvendorlink.com.

• All responses must be received as described herein before August 27, 2024, by 3:00PM local time in order to be considered.

• All Bidders are advised that under Chapter 119, Florida Statutes, all responses are deemed a public record and open to the public as provided for in said statute.

• The successful Bidder(s) must demonstrate in their submittal to be the lowest, most responsible, and responsive Bidder which best meets the specifications and serves the overall needs of the BUYER. Bids should be prepared in accordance with the ITB instructions and recheck all bid prices thoroughly. Failure to provide the response in the manner prescribed herein may be grounds for disqualification of the submittal.

• All services performed shall be in accordance with the specifications pertaining thereto, which may be examined at the office of the Purchasing & Contracts Manager, located at 65 Stone St., Cocoa, Florida 32922. Copies of all documents, including blank bid/proposal forms, may be obtained from Vendor Link by visiting their web site at http://www.myvendorlink.com. You may contact the City of Cocoa Purchasing Division by email: purchasing@cocoafl.org. Small Business Set Asides (i.e., Woman Owned, Minority, Veteran, Disadvantaged etc.) are encouraged to submit bid/proposals concerning this solicitation.

• The City reserves the right to reject any or all bid/proposals, with or without a cause; to waive technical errors and informalities; and to award bid/proposals to the lowest responsive, responsible bid/proposer. One or more of the City Council members may be present at the bid/proposal opening.

https://www.cocoafl.org/ http://www.myvendorlink.com/ http://www.myvendorlink.com/ mailto:purchasing@cocoafl.org

• The City reserves the right to waive any and all technicalities, formalities and to reject any or all bid submittals or to re-advertise for bid submittals for these commodities/services. The City may withdraw all or part of this ITB at any time to protect the interests of the City. Thank you for your interest in doing business with the City of Cocoa, Florida.

1.5 TERM

The initial term shall be effective for one fiscal year beginning on October 1, 2024, ending on September 30, 2025. The agreement may then be renewed annually by written agreement for up to three (3) subsequent one-year terms with a final expiration date of September 30, 2028.

1.6 PRICING

The Initial contract price shall remain fixed for a period of no less than 12 months from date of contract effective date. Following the initial 12-month period, the fixed prices may be adjusted upward or downward on a yearly basis based on changes to the following price index:

Producer Price Index (PPI), Chemicals and Allied Products-Synthetic Ammonia, Nitric Acid and Ammonium Compounds, Not Seasonally Adjusted. Series ID: WPU0652013A.

It is the awarded bidder’s responsibility to request any pricing adjustments under this provision. Pricing adjustments will be considered yearly on the contract effective date. For any adjustment to be considered, the awarded bidder’s request for adjustment should be submitted to the BUYER’s Purchasing Division, no less than 90 calendar days prior to the anniversary date. The awarded Bidder’s adjustment request may not be in excess of the relevant documented pricing index.

Any adjustment request received after 90 calendar days from the anniversary date may not be considered. If no adjustment request is received from the awarded bidder, the Buyer will assume that the awarded bidder has agreed that the next 12-month period will be without any upward price adjustment. The Buyer reserves the right to negotiate lower pricing based on market research information or other factors that influence price. The Buyer reserves the right to apply any reduction in pricing for the next 12-month period based on the downward movement of the appropriate index.

The awarded bidders’ price is inclusive of all costs, charges, and fees involved in providing the specified products. Additional charges of any kind added to the invoice submitted by the awarded Bidder is prohibited.

1.7 ORDER QUANTITIES

There is no guarantee or minimum purchase associated with this solicitation. The participating BCPECP members reserve the right to place orders, and to increase or decrease order quantities as needed.

1.8 KNOWN LOCATIONS

Locations of member facilities are listed below. Additional facility locations may be added or amended by the BUYER by the issuance of a purchase order.

AGENCY NAME DELIVERY ADDRESS

CITY OF COCOA

28400 S.R. 520, Christmas, FL 32709 375 N. Cocoa Blvd, Cocoa, FL 32922 *

BREVARD COUNTY

2262 High Drive, Mims, FL 32754 334 Egret Circle, Barefoot Bay, FL 32976 3205 Australian Way, Mims, FL32754 * 3710 Juanita Street, Cocoa, FL 32927 * 3630 N. Courtenay Pkwy, Merritt Island, FL 32953 * 10001 N. Wickham Road, Melbourne, FL 32940 * 2800 S. A1A Highway, Melbourne Beach, FL 32951 * 7773 Dottie Drive, Barefoot Bay, FL 32976 *

CITY OF CAPE

CANAVERAL

601 Thurm Blvd, Cape Canaveral, FL 32920 *

CITY OF COCOA BEACH

1600 Minutemen Cswy, Cocoa Beach, FL 32931*

CITY OF PALM BAY

1105 Troutman Blvd, Palm Bay, FL 32907 Bldgs. F,H and I 1080 Troutman Blvd, Palm Bay, FL 32907 645 Nash Street, Palm Bay, FL 32907 2200 Sandy Pines, Palm Bay, FL 32907 250 Osmosis Drive, Palm Bay, FL 32907

CITY OF TITUSVILLE

2836 Garden Street, Titusville, FL 32796 1105 Buffalo Road, Titusville, FL 32796 * 4800 Deep Marsh Road, Titusville, FL 32870 *

SECTION 2 INSTRUCTIONS TO BIDDERS

2.1 BID DOCUMENTS

The ITB documents may be obtained at no charge from the City’s website at: VendorLink, LLC https://www.myvendorlink.com. The City of Cocoa’s Purchasing & Contracts Division, its Website, and its service provider, VendorLink, LLC are the only authorized sources for obtaining solicitation documents.

Solicitation documents and forms obtained from any other third-party source may be incomplete.

Bidders are encouraged to register as a vendor with VendorLink, LLC to obtain a complete set of solicitation documents and to enable notification of required addenda. Reproduction of these documents without the express permission of the City is prohibited.

The City is not responsible for errors or document omissions occurring in the transmission or downloading of any documents from these websites. In the event of any discrepancy between information on these websites and the hardcopy specifications, the terms of the hardcopy specifications shall prevail. For more information call the Purchasing & Contracts Division at (321) 433-8833, Ext. 8833. Important: The desire of the City to pursue bid submittals shall in no way obligate the City to compensate you for your efforts or to execute a contract with your firm.

2.2 BID SUBMITTAL AND DELIVERY

A. Sealed bid submittals must be received in the City’s Purchasing & Contracts Division no later than the date and time as specified herein. Bid submittals received after the stated date and time will not be accepted and will be returned unopened. Under no circumstances shall bids delivered after the time specified be considered. The City shall not be responsible for any occurrence for bid submittals delivered incorrectly or to the wrong address or location. No exceptions will be made. The decision to refuse to consider a bid that was received beyond the date/time established in the solicitation shall not be the basis of a protest. Bid submittals shall be delivered to the below address in a sealed envelope or packaging material, plainly marked on the outside with the Bid Number, Title and opening date:

Attn: Purchasing & Contracts Division 65 Stone Street Cocoa, Florida 32922

For your convenience, a Solicitation Response Identification Label has been provided to properly identify and affix to your ITB response.

B. If submitted by mail, the bid submittal shall be enclosed in a sealed envelope or packaging material addressed to the Purchasing & Contracts Division. Bids submitted by mail must be received by the Purchasing & Contracts Division by the time specified herein for the opening thereof.

1. Please be advised that United States Postal Service (USPS) Express and Priority service class; are delivered to the City once daily. Accordingly, in order for a submission to be received by the Purchasing & Contracts Division when the services of the USPS are used, a Bidder or bidder is https://www.myvendorlink.com/ responsible for ensuring that their submittal is transmitted in such manner as necessary for the USPS to receive, sort, and deliver to the City by the submittal due date and time.

2. The City only collects other USPS mail one (1) time per day upon opening of the local Post Office branch, which is then sorted by the City for delivery to the Purchasing & Contracts Division and other City departments. Submissions arriving at the USPS after the initial pick-up by the City will be placed in the City’s callbox for pick-up and will not be delivered to or received by the Purchasing & Contracts Division until the next business day.

3. When using the USPS or any other mail delivery services, it is the sole responsibility of the Bidder to ensure that Proposals are received in the Purchasing & Contracts Division by the due date and time. The City shall not be responsible for delays caused by any occurrence.

2.3 PUBLIC OPENING

A. Bid submittals will be publicly opened by the Purchasing & Contracts Division on the due date and time, as specified herein, or as soon thereafter as possible. The Bidder’s names, the Bid Total and verification of bond submittal, if applicable, will be announced. Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Article I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. All other information will be subject to Florida’s Open Government Laws to Public Contracting.

B. A bid summary of the Bids and major alternates (if any) will be prepared and made available within a reasonable time after the opening of Bids.

C. Multiple Bids received for the same Work from an individual, firm or partnership, a corporation or association or other legal entity under the same or different names shall not be considered. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of the participants believed to be in such collusion shall not be considered.

D. The City reserves the right to reject any and all Bids, to waive irregularities, and the right to disregard any or all nonconforming, unbalanced or conditional Bids or counter proposals.

E. The City may reject, as non-responsive, Bid submittals that fail to acknowledge receipt of addenda as prescribed, when the addenda result in a material change.

F. If the City elects to accept a Bid which does not acknowledge receipt of an addendum, the Bid shall be construed as though the addendum had been received and acknowledged by the Bidder.

G. Discrepancies between bid sums expressed in words and bid sums expressed in figures shall be resolved in favor of the words. Discrepancies between the sum of any column of figures and the correct sum, shall be resolved in favor of the corrected sum. Discrepancies in the extension of the Unit Price times the estimated quantity for any line item shall be resolved in favor of the correct extension.

2.4 UNBALANCED BIDS

As determined by the City and the Procurement Administrator’s discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response) to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the City’s opinion, the prices are, or appear to be, excessively unbalanced.

2.5 ON-LINE SERVICE PROVIDER DISCLAIMER

VendorLink, LLC has no affiliation with the City other than as a service that facilitates communication between the City and its vendors. VendorLink, LLC is an independent entity and is not an agent or representative of the City. Communications to VendorLink, LLC do not constitute communications to the City.

2.6 SOLICITATION DOCUMENTS

The City of Cocoa Purchasing & Contracts Division, its website, and its service provider, VendorLink, LLC are the only authorized sources of solicitation documents/forms. Solicitation documents/forms obtained from any other third-party source may be an incomplete set of documents. Proposers using solicitation documents/forms obtained from any other third-party source are advised to register with VendorLink, LLC to obtain a complete set of solicitation documents and to enable notification of required addenda. Reproduction of these documents without the express permission of the City is prohibited.

2.7 MANDATORY PRE-BID MEETING

There will be no Pre-Bid conference held for this project.

2.8 CONE OF SILENCE/LOBBYING

A. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a City Council Member, the City Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the black-out period.

B. A lobbying black-out period commences upon the issuance of this solicitation document.

C. If an award item is presented to City Council for approval or for a request to provide authorization to negotiate a Contract(s) and the City Council refers the item back to the City Manager, Purchasing & Contracts Division and/or requesting Department/Division/Office for further review or otherwise does not take action on the item, the Cone of Silence/Lobbying Black-out Period will be reinstated until such time as the City Council meets to consider the item for action.

D. Bidders, respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any City Council member, the City Manager, any requesting or evaluating Division/Department/Office personnel, and/or any member of the Evaluation Committee concerning an active solicitation during the Cone of Silence/Lobbying Black-out Period.

2.9 INTERPRETATIONS AND QUESTIONS

All questions and inquiries concerning procedural matters shall be directed to the Purchasing & Contracts Division. Any questions relating to the interpretation of specifications, or any aspect of the solicitation process shall be addressed to the Purchasing & Contracts Division, in writing, by the date stipulated in the tentative schedule in Section 1.

Purchasing & Contracts Division 65 Stone Street Cocoa, Florida 32922 Phone: (321) 433-8833, Ext. 8833 Email: purchasing@cocoafl.org

A. It is the Bidder’s responsibility to become familiar with and fully informed with 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 response after opening or for subsequent protest of award.

B. Any interpretations, clarifications, or changes will be made in the form of written addenda issued by the

Purchasing & Contracts Division.

C. Any oral communications will not be authoritative and will not be binding on the City.

D. It is the sole responsibility of the Bidder to contact the Purchasing & Contracts Division prior to submitting a bid submittal to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with each bid submittal.

E. Addenda will be available to all proposers and will be uploaded to VendorLink, LLC on the Procurement website at: http://www.myvendorlink.com.

2.10 BID COMPLETENESS AND COMPLIANCE

Bid submittals shall contain the information as required in this solicitation. Failure to submit all information as requested, substantially incomplete or lack key information may be rejected by the City. The following list details the appropriate proposal format:

A. All items contained in the bid must be in total compliance with the specifications of this solicitation.

B. Alternate bids will not be considered unless specifically called for in this solicitation. Bidders’ attention is specifically called to the terms, conditions and special provisions of this solicitation. Please be aware that, under the competitive process, the stipulations set forth herein are fully binding on the Bidder to mailto:procurement@casselberry.org http://www.casselberry.org/index.aspx?NID=406 the extent that you confirm acceptance by your signature on Attachment, Bid Price Schedule and Acceptance of Bid Terms and Conditions.

2.11 DETERMINING RESPONSIBILITY

The determination as to whether a Bidder is considered responsible shall be at the sole discretion of the City.

The City may request information relating to contracts similar to the requirements of this solicitation. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete projects timely, whose investigations show bidder is not in a position to perform the contract. In determining responsibility, the following qualifications, in addition to price, may be considered:

A. The Bidder's ability, capacity, and skill to provide the goods or to perform the service within the time specified;

B. The character, integrity, reputation, judgement, experience and efficiency of the Bidder;

C. The quality of performance of previous contracts or services including previous performance with the City;

D. The sufficiency of financial resources to meet the obligations of the required contract and to perform the services;

E. Quality Control Program.

F. Contract claims, litigation filed against the Bidder or filed by the Bidder for equitable adjustment;

Reprimand of any nature or suspension by the Department of professional Regulation or any other regulatory agency or professional association in the past five (5) years.

G. Ability to provide future maintenance, service, and support of the goods/services under contract;

and, H. Whether the Bidder is in arrears to the City on a debt or a contract or is a defaulter on surety to the City; or whether the Bidder's taxes or assessments are delinquent.

I. Such other information as may be relevant or secured.

2.12 BID FORMS/REPRODUCTION

A. Bid Forms: All bids must be submitted on the City’s standard solicitation forms and must include all applicable completed attachments included herein.

B. Reproduction: Please submit one (1) bound original and one (1) on a USB containing the entire bid submittal formatted to be read with Microsoft® software products or Adobe® PDF software.

2.13 BIDDER ACKNOWLEDGEMENT

By submitting a bid response, the Bidder certifies that the Bidder has fully read and understands this ITB document and has full knowledge of the scope, nature, quantity, and quality of work to be performed; the detailed requirements of the services to be provided; and the conditions under which the services are to be performed.

2.14 BIDS TO REMAIN FIRM

All bids shall remain firm for ninety (90) Days after the day of the Bid opening, but City may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

2.15 COST OF SUBMITTAL

The Bidder understands that any and all costs related to the submittal of a proposal is considered an operational cost of the Bidder and shall not be passed on to or be borne by the City. By submission of a bid, the Bidder agrees that any and all costs associated with the preparation of the bid will be the sole responsibility of the Bidder. The Bidder also agrees that the City shall bear no responsibility for any costs associated with the preparation of the bid including but not limited to any administrative or judicial proceedings resulting from the solicitation process.

2.16 IMPROPER IDENTIFICATION AND TIMELINESS

The City is not responsible for the failure of a Bidder or the Bidder’s agent to submit responses in a timely manner or for a bid submittal that is not properly addressed or identified. Bid submittals by email, telephone or fax shall be rejected as non-responsive regardless of where it is received.

2.17 CORPORATE STANDING AND AUTHORIZED SIGNATORY

The Proposer must demonstrate that the company is in good standing and that the person signing this proposal is an authorized signatory on behalf of the Proposer to negotiate and/or sign contracts, agreements, amendments and related documents to which the Proposer will be duly bound. Examples of satisfactory demonstration documents include:

A. A copy of your Articles of Incorporation listing the approved signatories of the corporation.

B. A copy of a resolution listing the members of staff that are authorized signatories for the company.

C. A letter from a corporate officer listing the members of staff that are authorized signatories for the company.

Failure to sign and witness the Proposer’s signature form may result in disqualification of the bid. Please be sure the bid is signed, properly witnessed, and sealed.

2.18 PROPRIETARY INFORMATION

A. In accordance with Chapter 119 of the Florida Statutes (Public Records Law); and except as it may be provided by other applicable State and Federal Law, all Bidders should be aware the Invitation to Bid, and the responses thereto are in the public domain. Bidders are requested to identify specifically any information contained in their bid submittals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

B. A generic notation that information is “confidential” is not sufficient. Failure to provide the Purchasing

& Contracts Division with a detailed explanation and justification including statutory cites and specific reference to your bid submittal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire bid submittal being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

2.19 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of a response, the Bidder certifies that in connection with this bid submittal:

A. The pricing and/or fees associated with this bid submittal 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 on 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.

C. No attempt has been made or shall be made by the Bidder to induce any other person or Bidder to submit or not submit a bid for the purpose of restricting competition.

2.20 FAILURE TO COMPLY WITH BID INSTRUCTIONS

Failure to comply with any of the foregoing instructions, provide a bid submittal in the manner prescribed herein or any other essential element of this Invitation to Bid may be grounds for disqualification of your bid submittal.

2.21 AMERICANS WITH DISABILITIES ACT

Persons with disabilities needing a special accommodation to participate in this proceeding should contact the Purchasing & Contracts Division, City of Cocoa, 65 Stone Street, Cocoa, Florida 32922, telephone (407) 262- 7700, not later than seven (7) days prior to the date on which the accommodation is requested.

2.22 OFFICE OF RECORD

The City of Cocoa Purchasing & Contracts Division shall be the official “office of record” for all information transactions and data disbursements associated with this solicitation. The Purchasing & Contracts Division may be reached Monday through Thursday between 7:00 A.M. to 6:00 P.M., Local Time via phone at (321) 433-8833, Ext. 8833.

2.23 MODIFICATION OR WITHDRAWAL OF BIDS

Bid modifications will be accepted from a bidder only if received in writing, properly signed by an officer of the bidder, and received prior to the opening of bids. Bid modifications must be identified as such and will be opened with the bidder’s bid form.

Bids may be withdrawn by request of the bidder prior to the time fixed for opening. Error or negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after the public opening date.

2.24 CONFLICTS WITHIN SOLICITATION

Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Form, or any addendum issued, the order of precedence shall be the last addendum issued, the Bid Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. It is incumbent upon the vendor to identify such conflicts to the designated procurement representative prior to the bid or proposal response date.

2.25 JOINT VENTURES

All Bidders intending to submit a bid response as a Joint Venture are required to have filed proper documents with the Florida Department of State, the Division of Professions, Construction Licensing Board and/or any other state or local licensing Agency prior to submitting a bid response. Please refer to Section 489.119 Florida Statutes.

Joint Venture Firms must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal Joint Venture Agreement between all joint venture parties, indicating their respective roles, responsibilities and levels of participation for the project.

SECTION 3 SPECIAL CONDITIONS

3.1 BID SECURITY BOND – Not used

3.2 PERFORMANCE AND PAYMENT BONDS-Not Used

3.3 TIME FOR COMPLETION AND LIQUIDATED DAMAGES-Not Used

SECTION 4 GENERAL TERMS AND CONDITIONS

4.1 AWARD OF CONTRACT

Award will be made to the lowest, most responsive and responsible Bidder whose bid submittal meets the specifications.

1.01 The City shall review the fees and rates of compensation for reasonableness prior to execution of contract or submittal of a recommendation of contract or agreement to the City Council. The City Attorney may review all contract documents. Other experts may be consulted to assist in this process.

1. The successful Bidder shall execute and return the agreement to the City, within ten (10) days after receipt along with any and all additional contractual documents, performance and payment bonds, insurance certificates/verifications and any other documents required as outlined in this solicitation document.

2. In no event shall an agreement be considered binding upon the City until it has been properly executed by all parties.

3. In conjunction with the agreement, a purchase order or other form of payment will be established by the City prior to the start of any project, service, or work by the Bidder.

2.01 Failure to Execute the Agreement(s).

Failure on the part of the successful Bidder to execute the Agreement(s) as required will be just cause for the rescindment of the award. In the event that the City fails to contract with the lowest most responsive and responsible bidder, the Bidder shall forfeit his bid guarantee to the City in the manner previously described herein. The award may then be made to the next lowest most responsive and responsible bidder, or the City may opt to re-advertise the work if found to be in its overall best interest.

4.2 DAMAGES

Areas adjacent to the construction site, which are damaged, shall be repaired at the Contractor's expense.

Restoration of adjoining areas shall be equal to or better than original condition and to the satisfaction of the City. Protection of personal property, utilities, structures, access drives, conduits, pavement, curbs, sidewalks, trees, and shrubs shall be the responsibility of the Contractor, who shall provide adequate protection to maintain proper service.

4.3 NOTICE TO PROCEED

The Work shall commence upon the issuance of Notice To Proceed (NTP) or Purchase Order and shall remain in effect until such time as the Work acquired in conjunction with this solicitation, have been completed and accepted by the BUYER’s authorized representative and upon completion of the expressed and/or implied warranty periods.

4.4 SUPERVISION

The BUYER shall not exercise any supervision or control over the Bidder’s employees performing services under an agreement. Said employees shall be accountable not to the BUYER, but solely to the Bidder, who, in turn, is responsible to the BUYER.

4.5 FAILURE OF PERFORMANCE AND/OR DELIVERY

In cases where materials, goods or services are not properly delivered, performed and/or installed, the successful Bidder will either remedy the defect to the satisfaction of the BUYER or be responsible for reimbursement of the difference to the BUYER for the subsequent contractor selected to remedy the defect.

Acceptance of materials, goods or services shall remain in the BUYER’s sole discretion.

Unsatisfactory work shall be corrected by the Bidder within twenty-four (24) hours of notification by the BUYER. If the successful Bidder fails to perform as required per these specifications or fails to deliver the item(s) or perform the work specified in these specifications, it shall compensate the BUYER for any damages caused by the Bidder’s failure to perform as stated herein.

4.6 PERFORMANCE EVALUATION

At the end of the Contract, the receiving department may evaluate the successful b idder’s performance. This evaluation will become public record.

4.7 PROTECTION OF PROPERTY

At all times, the successful Bidder shall safe-guard BUYER property from damage or loss and shall replace or repair any loss or damage unless such damage is caused by the BUYER. The BUYER may withhold payment, or make such deductions as it might deem necessary, to insure reimbursement for loss or damage to property through negligence of the successful Bidder or the Bidder’s agents.

4.8 SERVICE REQUIREMENTS

The successful Bidder shall provide sufficient staff, resources, and facilities to ensure that the BUYER’s business is handled in a timely manner. If the Bidder is unable to perform the work in a timely manner as agreed upon, the BUYER shall have the right to rescind the purchase order and award the project to another Bidder.

4.9 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH

By submission of a bid in response of this solicitation, the Bidder certifies that all material, equipment, etcetera; contained in the bid submittal meets all OSHA requirements. Bidder further certifies that if they are the successful Bidder, and the material, equipment, etcetera; delivered is subsequently found to be deficient in any OSHA requirements in effect on the date of delivery, all costs necessary to bring the material, equipment, etcetera; into compliance with the aforementioned requirements shall be borne by the successful Bidder.

4.10 WARRANTY

In accordance with Article 15.00 of the Agreement(s) to be executed by the successful Bidder, the Contractor together with his surety unconditionally guarantee all Contractor furnished materials, equipment and workmanship incorporated in the Work for a period of not less than one (1) year after the date of final acceptance of the Work by the BUYER. (This warranty shall be exclusive of all manufacturer’s guarantee or warranties exceeding this period). Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the successful Bidder shall repair or replace same at no cost to the BUYER, immediately upon written notice from the BUYER’s authorized representative.

4.11 INSPECTION/TITLE/ACCEPTANCE OF GOODS/SERVICES

Inspection and acceptance of goods/services will be at the destination, unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the successful Bidder until accepted by the requesting Division/Department/Office of the BUYER, unless loss or damage results from negligence by the BUYER or the requesting Division/Department/Office.

Receipt of goods/service shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the performance meets the specifications and/or all conditions.

Should the delivered goods/services differ in any respect from the specifications, payment will be withheld pursuant to Section 218.70, Florida Statutes, until such time as the successful Bidder takes necessary corrective action. If the proposed corrective action is not acceptable to the BUYER, the BUYER may refuse final acceptance of the goods/services.

4.12 NON-EXCLUSIVE CONTRACT

Award of this project shall impose no obligation on the BUYER to utilize the successful Bidder for all work of this type, which may develop during the contract period. This is not an exclusive contract. The BUYER specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the BUYER’s best interest.

4.13 MATERIAL DEVIATIONS

The BUYER has established certain requirements with respect to proposals to be submitted by prospective Proposers. The use of "shall" (except to indicate simple futurity) in the bid indicates a requirement or condition, which must be met. The BUYER may, at its sole discretion, waive requirements or conditions if the conditions are determined to be non-material. A deviation from a requirement is material when the deficient response is not in substantial accord with the bid requirements, provides an advantage to one bidder, or has a potentially significant effect on the delivery, quantity or quality of items proposed amount paid to the Bidder, or for the cost to BUYER.

Material deviations cannot be waived.

4.14 OWNERSHIP OF DOCUMENTS

All documents resulting from this solicitation shall become the sole property of the City. All bid submittals received from Bidders in response to the solicitation will become the property of the City and will not be returned to Bidders. In the event of an award, all documentation produced as part of the Contract will become the exclusive property of the City.

4.15 PUBLIC RECORDS COMPLIANCE

The BUYER is a public agency subject to Chapter 119, Florida Statutes. In addition, all responses to this solicitation shall be considered public record subject to distribution pursuant to the request for records by any interested party.

The successful Bidder/Contractor agrees to comply with Florida’s Public Records Law. As such the following language applies effective July 1, 2016, and shall be included in the awarded agreement:

A. The parties specifically acknowledge that this agreement is subject to the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally make public all records or other writings made or received by the parties. If the Contractor is either a “contractor” as defined in Section 119.0701(1)(a), Florida Statutes, or an “agency” as defined in Section 119.011(2), Florida Statutes, the CONTRACTOR shall:

1. Keep and maintain all public records required by the BUYER to perform the services herein; and

2. Upon request from the BUYER’s custodian of public records, provide the BUYER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law;

and

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the agreement Term and following completion of the agreement if the Contractor does not transfer the records to the BUYER; and

4. Upon completion of the Agreement, transfer, at no cost, to the BUYER all public records in possession of the Contractor or keep and maintain public records required by the BUYER to perform the services herein. If the Contractor transfers all public records to the BUYER upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the BUYER, upon request from the BUYER’s custodian of public records, in a format compatible with the information technology systems of the BUYER.

B. All requests to inspect or copy public records relating to the agreement shall be made directly to the

BUYER. Notwithstanding any other provision of this agreement to the contrary, failure to comply with the requirements of this…