Bicentennial_Park_Pool-_Chemicals_&_Equipment_(Addendum_#1_Revision).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/citrusfl

INVITATION TO BID

Project #: ITB 24-218

BICENTENNIAL PARK POOL- CHEMICALS & EQUIPMENT

Bid Due Date: Tuesday, October 15, 2024 @ 2:00 pm

Issue Invitation to Bid September 14, 2024

Deadline for Questions October 7, 2024, 4:00pm

Bid submittal Due Date and Time October 15, 2024, 2:00pm

Public Opening Date and Time via

Microsoft Teams

October 15, 2024, 2:15pm

Board Approval of Selection and Award

(subject to change)

December 10, 2024

CITRUS COUNTY, FLORIDA

A political subdivision of the State of Florida

Department of Management & Budget

3600 W. Sovereign Path, Suite 266

Lecanto, FL 34461

TABLE OF CONTENTS

1. DEFINITIONS

2. INSTRUCTIONS TO BIDDERS

3. SCOPE OF SERVICES

4. ADDITIONAL INFORMATION

5. BID FORM

6. MINIMUM INSURANCE REQUIREMENTS

7. VENDOR/CONTRACTOR RESPONSES

8. EXHIBITS

Attachments:

A - ITB 24-218 Agreement Complete

1. DEFINITIONS

"Addenda" means a written or graphic instrument issued by the County prior to the execution of the Agreement which modifies or interprets the Invitation to Bid by additions, deletions, clarifications, corrections, or other type of modifications. Addenda will become part of the Contract Documents when the Agreement is executed.

"Agreement" means a legal document, executed by the County and the Successful Bidder. The Agreement, as amended from time to time, forms the Contract between County and the Successful Bidder setting forth the roles, responsibilities and obligations of the parties including, but not limited to, the performance of the Services and the basis of payment.

"Apparent Low Bidder" means the bidder who has submitted the lowest Bid at the Bid Opening without correction of numerical discrepancies, consideration, or alternates of determination of responsiveness and responsibility. The

Apparent Low Bidder is not necessarily the Successful Bidder.

“Best value” means the highest overall value to the County based on factors that include, but are not limited to, price, quality, design, and workmanship.

"Bid" means a written submittal to this Invitation to Bid.

"Bid Documents" means the Invitation to Bid, inclusive of the plans and specifications.

"Bidder" means any person or firm (corporation, sole-proprietor, limited partnership, etc.) who submits a Bid in response to this Invitation to Bid.

"Contract Documents" means the Invitation to Bid, including Addenda to such, the Agreement, including Addenda to such, General Terms and Conditions of the Agreement, Bidder's Bid, Scope of Work, Certificate(s) of Insurance, Notice of

Intent to Award, Notice of Award, Notice to Proceed, Drawings and Specifications, and any other documents mailed, e-mailed or otherwise transmitted to the Bidder prior to or after the submittal of their Bid, and prior to or after Award, all of which are all to be treated as one in the form of the Contract Documents.

"Contractor/Vendor" means Successful Bidder, in the context of the Invitation to Bid. In the context of the Contract

Documents, Contractor/Vendor means any company, firm, partnership, corporation, association, joint venture, or other legal entity permitted by law to perform the Services in the State of Florida. Such legal entity shall be the entity that enters into a written Agreement with the County to perform the Services for the Project described in the Contract

Documents. The Contractor will have sole responsibility for the performance of the Services covered under an Agreement that is awarded in conjunction with this Invitation to Bid.

"County" means Citrus County, Florida, a political subdivision of the State of Florida, its officers, employees, agents, and volunteers and/or Owner.

“Governmental Entity” means a political subdivision or agency of this state or of any state of the United States, including, but not limited to, state government, county, municipality, school district, nonprofit public university or college, single purpose or multipurpose special district, single-purpose special or multipurpose authority, metropolitan or consolidated government, separate legal entity or administrative entity, or any agency of the Federal Government.

"Invitation to Bid" means the contents of this solicitation and all supporting documents including Addendum to such, or other related information transmitted to Bidders.

"Minor Irregularity" means a variation from the Invitation to Bid terms and conditions which does not affect the price or give the Bidder an advantage or benefit not enjoyed by the other Bidder or does not adversely impact the interests of the

County.

"Notice of Award" means a written notice submitted by the County notifying the Successful Bidder that they have been awarded the project.

"Notice of Intent to Award" means a written notice submitted by the County notifying the Successful Bidder that the

County intends to award the project to them contingent upon the Successful Bidder executing the Agreement and submitting any outstanding documents.

"Notice to Proceed" means a written notice issued by the County to the Successful Bidder fixing the date on which the

Successful Bidder shall start the performance of the Services and the length of time for the completion of the Services, in accordance with the Contract Documents.

"Piggyback" means a government authority other than the County purchasing commodities from the Successful Bidder under the same terms and conditions that the Successful Bidder has agreed to offer the County.

"Public Opening" means the opening of the Bids and the announcing of the Bidders who submitted a Bid in response to the Invitation to Bid in the presence of the public.

"Recommendation of Award" means a written notification sent by way of facsimile or electronic e-mail to those who submitted a Bid in response to this Invitation to Bid advising them of the County's decision for its selection of the

Successful Bidder and its intent to award to that Bidder.

"Responsible Bidder" means a Bidder who has the resources, skills, knowledge, and financial ability to provide the Work specified in this Invitation to Bid.

"Responsive" means a Bid that conforms in all material respects to the Invitation to Bid requirements.

"Services" means all supervision, labor, materials, equipment, supplies, subcontractors, and incidental expenses required by the Bidder to execute and complete the requirements of the Services outlined in the Contract Documents, including those prescribed or implied.

"Subcontractor" means an entity having a direct contract with the Successful Bidder or with any other Subcontractor of the Successful Bidder who will provide product(s) or service(s) for the performance of a part of the Services required under the Contract Documents under the sole control and direction of the Successful Bidder.

"Successful Bidder" means the Bidder to whom the County awards an Agreement for the provision of the Services specified in this Invitation to Bid.

"Timeline" means the list of critical dates and actions involved in the Invitation to Bid.

2. INSTRUCTIONS TO BIDDERS

2.1. Solicitation Overview

Citrus County, Florida (“County”) invites interested parties to submit a Bid/Quote for Bicentennial Park Pool- Chemicals &

Equipment.

The Services shall be performed in accordance with the Contract Documents and generally includes, but is not limited to, the following:

the purchase and delivery of chemicals and to provide and maintain chlorine tank(s), controllers and pumps to regulate chemicals for the operation of the 225,000 gallon Bicentennial Park Pool.

2.2. General Instructions

Bidders are encouraged to carefully review all the materials contained herein and prepare your Bid accordingly. The detailed requirements set forth below will be used to evaluate the Bids and failure of Bidder to provide the information requested for a specific requirement may render their Bid as non-responsive and result in being rejected.

Failure of Bidder to comply with all terms of this Invitation to Bid may result in disqualification of Bidder and rejection of

Bidder’s submittal by County.

Bidders shall carefully study and compare the information and documents presented in this Invitation to Bid to ensure there are no conflicts, shall examine the site and local conditions, if applicable, and shall at once report to the Contact

Person any errors, inconsistencies or ambiguities discovered.

County shall not be liable for any costs incurred by a Bidder in preparing or producing its Bid or for any service provided before execution of an Agreement.

All terms and conditions outlined in this Invitation to Bid, and any associated Addenda, shall become a part of the

Agreement entered into between the County and the Successful Bidder.

2.3. Minimum Requirements for Submitting a Bid

Bidder shall meet, at a minimum, one of the following requirements to be determined a responsive and responsible Bidder at the time of Bid Submittal:

A. Commercial Swimming Pool Experience

2.4. Vendor System-OpenGov Registration

County has partnered with OpenGov Procurement, a web-based eProcurement service. Current bid solicitations and associated addenda, notices of recommended bid award, and current bid awards will be posted at https://procurement.opengov.com/portal/citrusfl.

Bid Notifications will be sent electronically via e-mail from OpenGov to registered Bidders. It is the sole responsibility of interested parties to monitor OpenGov for solicitation opportunities and updates.

Visit https://procurement.opengov.com/signup to register. OpenGov is an online Bidder registration system that provides a free, at no cost to Bidder, secure, user-friendly Internet portal and one-stop service center to register with County. This system also allows you to receive automatic email notifications regarding County’s upcoming competitive solicitations as opportunities become available. Registration assistance is available by e-mail procurement-support@opengov.com.

All Citrus County Vendors/Contractors/Consultants will need to register with OpenGov in order to be able to submit

Bids/Proposals/Qualifications etc., to County.

OpenGov Procurement has no affiliation with the County other than as a service that facilitates communication between the

County and its Bidder. OpenGov Procurement is an independent entity and is not an agent or representative of the County.

2.5. Contact Person

All inquiries pertaining to this Invitation to Bid are to be directed to all:

https://procurement.opengov.com/portal/citrusfl https://procurement.opengov.com/signup mailto:procurement-support@opengov.com

Linda Morse Karin McMahon Leigha Utter

Purchasing & Contracts Manager Purchasing & Contracts Specialist Purchasing Assistant

Department of Management & Budget Department of Management & Budget Department of Management & Budget

3600 W. Sovereign Path, Suite 266 3600 W. Sovereign Path, Suite 266 3600 W. Sovereign Path, Suite 266

Lecanto, Florida 34461 Lecanto, Florida 34461 Lecanto, Florida 34461

Phone: 352-527-5457 Phone: 352-527-5457 Phone: 352-527-5457

Fax: 352-527-5424 Fax: 352-527-5424 Fax: 352-527-5424

Email: linda.morse@citrusbocc.com Email:karin.mcmahon@citrusbocc.com Email: leigha.utter@citrusbocc.com

CAUTION

PROHIBITED COMMUNICATIONS: In accordance with Section 287.057 (25) of the Florida Statutes, Bidders to this solicitation, or persons acting on their behalf, may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays and legal holidays, any employee or officer of the County concerning any aspect of this solicitation, except in writing to the Contact Person noted above. Violation of this provision may be grounds for rejecting a response to this solicitation.

2.6. Questions/Additional Terms and Conditions/Variances/Exceptions

Bidders may submit questions about the meaning or intent of the Invitation to Bid or Agreement to the website link

(https://procurement.opengov.com/portal/citrusfl/projects/114997) in written format only and shall submit such on or before the deadline for questions listed in the Event Timeline. Interpretations or clarifications considered necessary in response to such questions will be issued by a written Addendum. Only questions answered by formal written

Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions submitted shall not constitute formal protest of the specifications or of this Invitation to Bid.

A written addendum, if applicable, will be issued online to OpenGov (https://procurement.opengov.com/portal/citrusfl) and/or DemandStar® websites in response to questions received as of the specified deadline in the Event Timeline.

Issues regarding any and all discrepancies, errors, or ambiguities in the Request for Qualification documents, including those noted in the Agreement shall be submitted in writing to https://procurement.opengov.com/portal/citrusfl on or before deadline for questions which is listed in the Event Timeline.

2.7. Event Timeline

Bidders should review and become familiar with the Event Timeline. The dates and times of each activity within the

Timeline may be subject to change. It is the responsibility of Bidder to check for any changes. All changes to the

Timeline will be made through an addendum to this Invitation to Bid.

Any person requiring reasonable accommodation at this meeting because of a disability or physical impairment should contact Citrus County, 3600 W. Sovereign Path, Lecanto, FL 34461, Carlton Hall, ADA Coordinator (352) 527-5477, at least two days before the meeting.

If you are hearing or speech impaired, dial 7-1-1 or (800) 955-8771 (TTY) or (800) 955-8770 (v), via Florida Relay

Service.

If you need a Spanish Translator, dial 7-1-1 or (800) 955-8771 (TTY) or (800) 955-8773 (v), via Florida Relay Service. For all other languages, please contact Human Resources at (352) 527-5370.

mailto:linda.morse@citrusbocc.com mailto:karin.mcmahon@citrusbocc.com mailto:leigha.utter@citrusbocc.com https://procurement.opengov.com/portal/citrusfl/projects/114997

Si usted necesita un Traductor en Español, marque 7-1-1 o (800) 955-8771 (TTY) o (800) 955-8773 (v), a través del

Servicio de Retransmisión de Florida.

**All public Meetings are subject to change or can be canceled.

Issue Invitation to Bid: September 14, 2024

Deadline for Questions: October 7, 2024, 4:00pm

Bid submittal Due Date and Time: October 15, 2024, 2:00pm

Public Opening Date and Time via Microsoft

Teams:

October 15, 2024, 2:15pm

Board Approval of Selection and Award (subject to change):

December 10, 2024

2.8. Public Opening

Electronic Bid Submittals shall be opened on Tuesday, October 15, 2024, at 2:00 pm via online “Microsoft Teams”.

Microsoft Teams Need help?

Join the meeting now

Meeting ID: Meeting ID: 263 421 582 18

Passcode: Passcode: dCMhbC

Dial-in by phone

TBA

2.9. Submission of Bids

Electronic Bid submittal for this Invitation to Bid are to be submitted on or before Tuesday, October 15, 2024, at 2:00 pm. It is the sole responsibility of the Bidder to ensure that their Bid is submitted through OpenGov Procurement no later than the time and date specified in the Solicitation or subsequent addenda. . BIDDERS MUST COMPLETE THE INFORMATION

REQUESTED IN THE VENDOR RESPONSES SECTION.

Bids shall be submitted through the online solicitation management portal, https://procurement.opengov.com/portal/citrusfl.

You may enter information and/or upload completed forms/documents using the OpenGov portal. Bidders must have registered and received an established account in advance of uploading submissions. When submitting an offer electronically through the solicitation posting portal, please allow sufficient time to complete the online forms and upload documents. The solicitation offer will end at the closing time listed in the Event Timeline included in this Solicitation. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your offer will not be received by the system. It is recommended that the submission process be completed the day prior to the due date, with the knowledge that any changes/updates will be accepted up to the due date and time. If technical difficulties arise during submission of the Solicitation submittal, it is the submitting Bidder’s responsibility to contact OpenGov Procurement technical support. For support, click on the “Help” link on the Solicitation Posting portal; or email procurement-support@opengov.com.

NOTE: In the event, there is a verified technical issue with the Platform (and not user/Bidder issues) that prevents all Bidders from submitting a Bid within the two (2) hours immediately before the due time, the County may issue an addendum to extend the solicitation due date and time. However, the technical issue must be a result of the Platform provider (OpenGov

Procurement) and affect all participating Bidders. The County shall verify the technical issue or unavailability of the Platform with OpenGov Procurement, and the system provider. Technical issues localized to a single Bidder will not be considered cause for an extension. County shall not be responsible for delays caused in any occurrence.

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://procurement.opengov.com/portal/citrusfl/projects/114997/document?section=1052239 https://procurement.opengov.com/portal/citrusfl

2.10. Timeliness of Bid Submittal

County assumes no responsibility for a Bid received after the due date and time. There will be no exceptions to this policy. It is the responsibility of Bidder to make sure their Bid is uploaded by the due date and time listed in the Event

Timeline to the OpenGov portal.

2.11. Bid Submittal Format

Acknowledgement of review and receipt of all of the documents listed below must be confirmed by an officer of the company who has the authority to bind the bidder. Failure to acknowledge and/or provide these documents may result in rejection of Bidder's response by County. Acknowledgement of these requirements shall be made within the VENDOR RESPONSES section.

• Certificate(s) of Insurance

• Bid Form

• List of Subcontractors

• Bidder's Qualification Statement

• Copies of Licenses and Certifications o Proof of license/certification to do business in the State of Florida (i.e., Sunbiz registration/Florida Department of State.

o Copies of any licenses and certification as applicable to this Invitation to Bid.

2.12. Bid Form

Bidders MUST utilize the Bid Form included in BID FORM section this Invitation to Bid for submitting pricing information. No substitutes will be permitted. All pages of the Bid Form must be submitted and completed in full.

All blanks on the Bid Form must be completed.

2.13. Certificate of Insurance

Bidders are to submit a copy of their certificate(s) of insurance evidencing policies and limits of insurance that they currently have in force.

Once ALL paperwork is completed and received by the County, an email will be sent to Bidder asking Bidder to register online with myCOI. It is critical that Bidder provide the County with an accurate email address. The cost to register is

$19.95 per year and a credit/debit card will be needed. Part of the registration process includes providing contact information for Bidder’s insurance agent(s). This information must be available at the time of registration. Once Bidder has registered and entered the email address for its insurance agent(s), an email will be sent to the insurance agent(s) requesting them to upload Bidder’s Certificate of Insurance (COI) directly into the myCOI website. Certificates of Insurance cannot be mailed, emailed or faxed to County. Bidder will not be allowed to begin work and no payments will be made until registration is completed and a compliant COI is received from Bidder’s insurance agent(s). This is a yearly requirement for the duration of the Agreement.

2.14. Bidder's Qualification Statement

Bidders are required to submit with their Bid an executed Bidder's Qualification Statement.

To demonstrate that the Bidder is qualified to perform the Work covered under this Invitation to Bid, Bidders must include any and all documents and other information to substantiate the qualifications noted, such as: licenses, references for similar work, present commitments and other such data as required in the Bid Documents.

Bids must contain evidence of Bidder's qualification to do business in the State of Florida or covenant to obtain such qualification prior to award of the contract. Bidders must comply with Chapter 607, Florida Statutes, to transact business in the State of Florida. If the Successful Bidder is not in compliance with such, they shall have fourteen (14) calendar days https://procurement.opengov.com/portal/citrusfl https://procurement.opengov.com/portal/citrusfl/projects/114997/document?section=1052239 https://procurement.opengov.com/portal/citrusfl/projects/114997/document?section=1052232 from receipt of a Notice of Intent to Award to obtain the required certificate of authority from the State of Florida and produce a copy of such to the Contact Person.

Bidders shall have all licenses, certifications and/or permits required by Federal, State, and Local Statutes, Regulations, and/or Ordinances for performing the Work specified in the Bid Documents at the time of Bid submittal. Additionally, Bidders must comply with regulations, policies and codes of Citrus County, Florida for conducting business in Citrus County.

By submitting a Bid in response to this Invitation to Bid, Bidder represents and warrants that they have the necessary licenses and/or certifications required to perform the Work covered under this Invitation to Bid, or will obtain such prior to award of Contract.

2.15. Licenses and Certifications

Bidders are required to submit with their Bid copies of their licenses and certifications as applicable to this Invitation to

Bid.

2.16. List of Subcontractors

If Bidders will be utilizing subcontractors in the performance of the Work, Bidders are required to submit with their Bid a list of such proposed subcontractors.

All subcontractors proposed by Bidder for the performance of the Work covered under this Invitation to Bid are subject to the approval of County. County reserves the right to reject any and all proposed subcontractors listed by the Bidder and bears no responsibility or liability to the Bidder or its proposed subcontractors for any commitments made between them regarding the performance of the Work covered under this Invitation to Bid.

Bidders shall furnish the names and responsibilities of those subcontractors they propose to use on the "Subcontractors

List" included with this Invitation to Bid. No changes to this list shall be made after the deadline for submitting the Bid without prior written approval by County. If the County has reasonable objection to any proposed subcontractor, County reserves the right, before giving Notice of Intent to Award, to request the apparent Successful Bidder to submit an acceptable substitute without an increase in Successful Bidder's Bid Price. If the apparent Successful Bidder declines to make any such substitution County may make the award to the next lowest Bidder that proposes to use subcontractors, who are acceptable to County. Declining to make the requested substitutions will not constitute grounds for sacrificing the Bid security.

No more than fifty percent (50%) of the Work provided by the Successful Bidder can be performed by subcontractors.

County reserves the right to request from the apparent Successful Bidder, all pertinent data, including but not limited to, the following information about the proposed subcontractors: name as registered with the State of Florida, Federal Employer

Identification Number, address and phone number, State registration or license number, and such other information as deemed relevant by County for evaluating the qualifications and experience of the proposed subcontractors. If requested by County, Bidder shall also provide an experience statement with pertinent information regarding similar Work and other evidence of qualification for each proposed subcontractor. All proposed subcontractors shall be properly certified, registered or licensed by the appropriate governmental authority (as applicable) for the Work to be performed, prior to the submittal of the Bid. Proposed subcontractors shall have successfully completed work comparable to that which is noted within the Bid

Documents and be qualified both technically and financially to perform the Work for which they are listed.

2.17. Bid Pricing

The Bid Pricing shall be firm until award has been made. Bid Pricing shall include such amounts for all labor, materials, supplies, equipment, subcontractors, insurance, bonds, overhead, profit and any other costs to perform the Work as noted in this Invitation to Bid. The Bid Pricing shall include all applicable sales and use taxes. Discrepancies in the multiplication of units and unit prices will be resolved in favor of the “verified prices”.

2.18. Commencement and Completion of Services

The term of the Agreement is for a period of two (2) years with an option to renew for three (3) additional (1) year renewal periods. The renewal option will be conditioned upon satisfactory performance by Vendor/Contactor and will be subject to availability of funds. The renewal option can only be exercised through mutual agreement between County and

Contractor. The date that Vendor/Contractor shall commence the provision of Services shall be the date on which a

Purchase Order and/or a Notice to Proceed is received by Vendor/Contractor. The County reserves the right to automatically extend any agreement for a maximum period not to exceed one hundred twenty (120) calendar days in order to provide

County departments with continual service and supplies while a new agreement is being solicited, evaluated, and/or awarded.

An increase in Pricing may be considered by County for each year after the initial year. The request to increase the price must be made in writing to County supported by a detailed justification by furnishing bona-fide manufacturer's documents or a price list reflecting the changes that warrant the requested increase. The request must be submitted at least ninety

(90) calendar days prior to a renewal period. Such increase shall be limited to the actual cost increase incurred by the

Vendor/Contractor

County may, in its sole discretion, make an equitable adjustment in the pricing at any time during the term of the Agreement if pricing or availability of supply is affected by extreme and unforeseen volatility in the market place, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond Vendor's control, (2) the volatility affects the market place or industry, not just the particular Vendor’s source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects Vendor that continued performance of the Agreement would result in a substantial loss to Vendor, all of which must be substantiated by Vendor.

2.19. Budget

County has appropriated approximately $40,000 for the Work covered under this Invitation to Bid. County reserves the right to adjust this amount based on availability of funding.

3. SCOPE OF SERVICES

3.1. Responsibilites

Successful Bidder will provide a chlorine tank(s) for the liquid chlorine/bleach for the pool. The size of the tank(s) and how many shall be specified on the Bid Form. The tanks provided must be able to fit within the constraints of the pool area. A site visit can be scheduled as the request of the bidder to evaluate the space.

Successful Bidder is responsible for the maintenance the chlorine tank(s) while on County Property.

Successful Bidder will provide the controller and feeder pumps for the pool and will be responsible for the maintenance while on County property.

Successful Bidder is responsible for the delivery of chemicals to the Bicentennial Park pool on a biweekly basis.

Successful Bidder is responsible for conducting regular site visits to check the equipment and consult with staff regarding the needs of the pool.

Prices shall include delivery fees.

4. ADDITIONAL INFORMATION

4.1. Signing of the Agreement

When County gives a Notice of Intent to Award to the Successful Bidder, it will be accompanied by an unsigned

Agreement. Within ten (10) calendar days thereafter the Successful Bidder shall execute and deliver to the County the Agreement, along with a certificate of insurance that shows policies, limits, and other conditions in compliance with that outlined in the Invitation to Bid. Upon award and execution of the Agreement by the County, one certified copy of the Agreement shall be delivered to the Successful Bidder.

4.2. Responsiveness of the Bid and Disqualification

A responsive Bid is one that complies with and conforms to the requirements of this Invitation to Bid. A Bid requiring changes to any portion of this Invitation to Bid may be considered non-responsive. A Bid that fails to comply with the criteria outlined in this Invitation for Bid may be deemed non-responsive.

A Bid may be rejected if found to be conditional, irregular, incomplete or not in conformance with the requirements and instructions contained herein, such as, but not limited to: (1) failure to strictly comply with and satisfactorily address the prerequisite criteria, (2) failure to provide the required forms or other documentation, (3) incomplete, indefinite or ambiguous language, and (4) improper and/or undated signatures.

Other conditions which shall cause rejection of the Bid, include, but are not limited to: (1) an individual firm, partnership, corporation or combination thereof, under the same or different names submitting (as the Bidder) more than one Bid, (2) evidence of collusion among Bidders, (3) obvious lack of experience or expertise to perform the Services, (4) failure to perform or meet financial obligations for previous contracts with the County, (5) falsification of any form required by the

County, or (6) not having valid and appropriate local, state or federal certifications and/or licenses necessary to perform the

Work.

County may conduct such investigations as County deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder and their proposed Subcontractors. County reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of Bids from all Bidders.

4.3. List of Bidders

A list of Bidders, along with their total base bid pricing, will be posted on OpenGov and Demand Star® within ten (10) days after the Public Opening date. The list of Bidders can also be obtained by contacting the Contact Person. County will not provide a list of Bidders by telephone.

4.4. Cooperative Purchasing

County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. If applicable, pursuant to

Vendor's/Contractor's own governing laws, and subject to agreement of Vendor/Contractor, other government entities may be permitted to make purchases at the terms and conditions contained herein. Non-County purchases are independent of the Agreement between County and Contractor, and County shall not be a party to any transaction between

Vendor/Contractor and any other government entity. Another government entity may attach additional contractual and technical terms and conditions to this Agreement. These "special conditions" shall take precedence over the terms and conditions in this Agreement unless the conflicting term in this Agreement is statutorily required, in which case the term contained in this Agreement shall take precedence.

Bidders shall acknowledge if they will allow other government entities to “Piggy-Back” the Bid and Agreement.

4.5. Examination of Bid Documents and Project Site

It is the responsibility of the Bidder to (1) examine the Bid Documents thoroughly, (2) visit the project site to become familiar with local conditions that may affect cost, progress, or performance of the Services, (3) consider Federal, State and Local

Laws and Regulations that may affect cost, progress, or performance of the Services, (4) study and carefully correlate

Bidder's observations with the Bid Documents, and (5) notify the Contact Person of all conflicts, errors or discrepancies in the Bid Documents prior to submitting a formal Bid.

If reports of explorations and tests of subsurface conditions at the project site are conveyed to Bidder by County, Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or performance of the Services.

The lands upon which the Services is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Bidder in performing the Services are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by

Bidder. Easement for permanent structures or permanent changes in existing structures is to be obtained and paid for by

County unless otherwise provided in the Bid Documents.

Before submitting a Bid, it shall be the Bidder's responsibility to request from County or to obtain on their own any additional information and/or data which the Bidder deems necessary for preparing their Bid so as to be informed of anything that may affect the cost, progress, or performance of the Services in accordance with the time, price and other terms and conditions noted in the Bid Documents.

The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with all of the requirements of this Article, that without exception their Bid is premised upon performing the Services required by the Bid

Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Bid Documents, and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of Services.

4.6. Modification / Withdrawal of Bid

Bidders have the right to modify or withdraw their Bid without cause or liability whatsoever at any time prior to the Bid submittal due date and time. Such requests must be made to County in writing.

Modified or withdrawn Bids may be resubmitted, in accordance with the instructions in this Invitation to Bid up to the Bid submittal due date and time. If applicable, any changes in pricing shall be so worded as not to reveal the pricing that was noted in the original Bid.

4.7. Tie Bids

Should there result in a tie Bid between two or more Bidders, County shall initiate the following actions:

• Award to Bidder who is a Disadvantaged Business Enterprise as registered with the State of Florida, or

• Draw lots or flip a coin, or

• Reject all Bids and re-solicit the service.

4.8. Split Bids

When in the best interest of the County, an award of a Bid may be made on the basis of each item, or group of items, to the lowest, most responsive and responsible Bidders who's Bid meets the requirements of this Invitation to Bid. County reserves the option to award to one or more qualified Bidders.

4.9. Less Than Two Bids Received

If less than two Bids are received, County may negotiate the best terms and conditions with that Bidder or reject the Bid and re-solicit the service.

4.10. Next Low Bidder

In the event of default by the Awarded Bidder, County reserves the right to utilize the next lowest Bidder as the new

Awarded Bidder. In the event of this occurrence, the next lowest Bidder, if it wishes to accept the award, shall be required to provide the bid items at the prices as contained in its bid for the commodity noted in this Invitation to Bid.

4.11. Local Preference / Contractors

Section 2-211, Citrus County Code, provides that preference shall be given to "local business" for certain purchases of commodities and services. "Local business" means a Bidder that has paid its local business tax to the County at least six

(6) months prior to the date of Bid; does business in Citrus County by providing goods, services, or construction; and maintains a physical business address located within the jurisdictional limits of Citrus County in an area zoned for the conduct of such business from which the Bidder operates or performs business on a day-to-day basis. Post office boxes do not establish such physical address.

a. In bidding for, or letting contracts for procurement of supplies, materials, equipment and services, as described in the purchasing policies of the County, County may give a preference to local businesses in making purchases or awarding contracts in an amount not to exceed five percent (5%) of the local businesses total bid price if the cost differential does not exceed $10,000 for procurement activities.

b. The total bid price shall include not only the base bid price but also all alterations to that base bid price resulting from alternates which were both part of the bid and actually purchased or awarded by County.

4.12. Local Preference / Workforce Labor

County believes that the hiring of workforce labor by vendors/contractors who County awards contracts to should, to the maximum extent, be citizens within its boundaries that are unemployed or seeking work for the first time. To that extent, County has agreed to notify CareerSource CLM of all awards involving construction and other types of services. CareerSource CLM is a local business-led organization that plans and coordinates quality employment and training services for businesses and individual career seekers in Citrus County. Successful Respondent will be contacted by CareerSource CLM, to discuss hiring through its staff and services. Successful Respondent’s participation with

CareerSource CLM is not required as a condition of award, but rather an opportunity for greater support for the community of Citrus County.

4.13. Rights of the County

County reserves the right to debar or suspend, for no longer than three (3) years, a Bidder from any solicitation process should it be discovered that (1) Bidder was in violation of any of the issues listed in the VENDOR/CONTRACTOR

RESONSES section, (2) Bidder has shown a recent record of failure to perform or of unsatisfactory performance under any existing or past contracts County, provided such failure was not caused by acts beyond the control of Bidder, or (3) County became aware of anything concerning the Bidder that was found to be so serious and compelling as to affect responsibility of Bidder, including debarment or suspension by another governmental entity. County will not exercise this right until after written notice has been given to Bidder and reasonable opportunity has been given for Bidder to be heard. The decision of debarment or suspension shall be final and conclusive.

4.14. Bid Evaluation and Award

County reserves the right to (1) cancel this Invitation to Bid, (2) reject any or all Bids, (3) waive any or all irregularities in the

Bids, (4) modify the scope of the Services, (5) waive any minor departure from the specifications, or (6) disregard all nonconforming, non-responsive, unbalanced or conditional Bids, as long as such does not give Bidder an advantage or benefit not enjoyed by the other Bidders or does not adversely impact the interests of County. County reserves the right to re-advertise the Invitation to Bid, when it is in the best interest of County. County also reserves the right to reject the Bid of any Bidder if County believes that it would not be in its best interest to make an award to that Bidder, whether because the

Bid is non-responsive, the Bidder is unqualified or of doubtful financial ability or Bidder fails to meet any other pertinent standard or criteria established by County.

In evaluating Bids, the County shall consider (1) the qualifications of Bidders, (2) whether or not the Bids comply with the prescribed requirements, (3) such alternates, unit prices and other data, as may be requested in the Invitation to Bid, (4) the qualifications and experience of the Bidder's proposed Subcontractors and major equipment/material suppliers, (5) any additional terms and conditions, exceptions or variances stipulated by Bidder, and (6) operating costs, maintenance requirements, performance data, warranties and guarantees.

County may conduct such investigations as County deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders and their proposed subcontractors and major equipment/material suppliers to County's satisfaction. County reserves the right to seek clarification or request any information deemed necessary for proper evaluation of Bids from all Bidders deemed eligible for contract award. Failure to provide the requested information may result in rejection of the Bid.

If award of the Bid is to be made, it shall be made to the lowest most responsive and responsible Bidder whose evaluation by County indicates that the award will be in the best interest of County or the Project. County shall give

Successful Bidder a Notice of Intent to Award by way of facsimile or e-mail, however, no contract shall be formed between

Successful Bidder and County until County signs the Agreement.

County reserves the right to award one or more qualified Bidders if it serves as County’s best interest. County shall issue a written Notice of Intent to Award, if any, to the Successful Bidder(s), however, no contract shall be formed between the

Successful Bidder(s) and County until approved at a Citrus County Board of County Commissioners Meeting.

4.15. Manufacturer's Name and Approved Equivalents

Unless the Bid Documents state otherwise, Bidder's price is to be based on the materials or equipment as described in the specifications without consideration of possible "substitute", "or-equivalent", or "or equal" items.

Whenever it is indicated in the specifications that a "substitute", "or-equivalent", or "equal" material or equipment may be furnished, Bidder may submit such "substitute", "or-equivalent", or "or equal" item as an Alternate to that specified, which the Bidder must clearly state in their Bid. In doing so, the Bidder must also submit with their Bid a side-by-side comparison of such "substitute", "or-equivalent", or "equal" material or equipment to the material or equipment specified. County will evaluate such "substitute", "or-equivalent", or "or equal" material or equipment and make a determination as to whether it is in fact a "substitute", "or-equivalent", or "equal" material or equipment. Any decision made by County, whether adverse or not, shall be final and conclusive.

4.16. Acceptance of Bid Content

The submission of a Bid in response to this Invitation to Bid shall be considered as a representation that (1) Bidder has carefully investigated all conditions that affect, or may at some future date, affect the provision of the Services covered by this Invitation to Bid and (2) Bidder is fully knowledgeable and possesses the skills to perform the Services covered under this Invitation to Bid.

The contents of the Bid submitted by Bidder, including any special terms and conditions, variances, and exceptions that may be agreed to by County, shall become the basis for contractual obligations if award is made to Bidder.

4.17. Conflict of Interest

Bidders shall disclose in their Bid the name of any officer, director, employee or other agent who is also an employee of the

County. Bidders shall also disclose the name of any County employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder's company or its affiliates.

Any Bidder or their proposed subcontractors who are currently involved in a contract with the County that may have a potential or actual conflict of interest regarding this solicitation shall be required to submit such information with their Bid, which shall include sufficient details regarding the actual or potential conflict of interest to allow the County to evaluate the

Bid, including but not limited to existing contracts that the Bidder has with the County that may conflict with the Services being performed pursuant to this Invitation to Bid. Failure to do so may result in an adverse determination by the

County. The County also reserves the right to request additional information regarding such conflict of interest.

The County will determine whether Bidder or their proposed subcontractor has a conflict of interest that will interfere with

Bidder’s ability to perform the Services outlined in this Invitation to Bid and notify Bidder of the determination.

Should there be a potentially irresolvable conflict; County will make a determination regarding such conflict. Any Bidder or their proposed subcontractors or major equipment/material suppliers found to have a conflict of interest which the County determines, in its sole discretion, will interfere with the Bidder’s ability to perform the Services outlined in this Invitation to

Bid will be informed of the determination. Any Bid submitted in contravention of the determination may be deemed non-responsive. County also reserves the right to cancel any Award with any Bidder who fails to disclose any conflict of interest during the procurement process.

The Bidder, its employees, and proposed subcontractors, are prohibited from entering into any contract with the County or any other governmental entity during the term of any Contract covered under this Invitation to Bid that would create a conflict of interest or the appearance of a conflict of interest with the Services noted in the Invitation to Bid.

4.18. Documentation Becomes the Property of the County

All documentation produced as part of this Invitation to Bid, inclusive of documentation submitted in response to this

Invitation to Bid shall become the exclusive property of County. Documentation may not be removed by the Bidder or their agent and will not be returned to the Bidder.

4.19. Review of Bidder’s Facilities and Bid

Prior to issuance of a Notice of Award, County reserves the right to perform or have performed an on-site review of the

Bidder’s facilities, their qualifications, as well as documentation provided by the Bidder. This review will serve to verify data and representations submitted by Bidder and may be used to determine whether Bidder has an adequate, qualified, and experienced staff that can provide the necessary resources and perform the Services covered under this Invitation to

Bid. Should the County determine that (1) the Bid or subsequent documentation submitted by Bidder has material misrepresentations, or (2) the size or nature of Bidder’s resources, or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory performance, or (3) County ascertains any other basis for concern as to the Bidder’s ability to perform the Services, County has the right to reject the Bidder’s Bid.

4.20. Financial Strength

Prior to award of a contract, County reserves the right to request financial information from the Successful Bidder to assist the County in further review of that Bidder’s qualifications and capabilities and to verify whether the Bidder has adequate financial capacity to meet the requirements of the Invitation to Bid. Financial information provided shall be for the current and previous two years, to include, but not be limited to a financial statement prepared by a Certified Public Accountant

(i.e., balance sheet and income and cash flow statements) or a Supplier Qualifier Report prepared by Dun & Bradstreet.

4.21. Clarifications

Before contract award, County reserves the right to seek clarification from Bidders to properly evaluate their Bid.

4.22. Drug-Free Workplace

The County has a “zero tolerance” policy concerning the use of drugs and alcohol in the workplace. The Successful Bidder will be required to comply with such policy and ensure that its employees and the employees of its subcontractors follow and comply with such policy.

4.23. Public Records Act

Bidders should make themselves familiar with Chapter 119, Florida Statutes concerning availability of public records.

Section 119.071, Florida Statutes, provides that sealed bids, proposals, or replies received by a Florida public agency shall remain exempt from disclosure until an intended decision is announced or until 30 days from the opening, whichever is earlier. This means that Bidders will not be able to procure a copy of their competitor’s Bids until an intended decision is reached or 30 days has elapsed since the time of the Bid opening. Bid Documents may be viewed during normal business hours (which is Monday through Friday; 8:00 AM to 5:00 PM) at 3600 W. Sovereign Path, Suite 283, Lecanto, Florida. To request copies, visit our public records request portal:

https://www.citrusbocc.com/public-records-request.htm

Florida law generously defines what constitutes a public record and under Chapter 119, Florida Statutes, all Bids are to be made available by County for viewing by the general public. If a Bidder believes that their Bid contains information that should not be a public record, the Bidder shall clearly segregate and mark that information as “Confidential” and describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. Any documents given to the Successful Bidder as part of performing the Work covered under this Invitation to

Bid shall not be sold or distributed to third parties without the written consent of County.

Successful Bidder will be required to retain a…