Bid_023-MHH-0117_Grove_Service_-_Term_Contract.pdf

Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”. Neither faxed nor electronically submitted bids will be accepted. Be sure to include the name of the company submitting the bid where requested.

DELIVER TO: PURCHASING DEPARTMENT

School Board of Polk County 1915 South Floral Avenue, PO Box 391 Bartow, FL 33831-0391

SEALED BID DO NOT OPEN

SEALED BID NO.: 023-MHH-0117

BID TITLE: Grove Service – Term Contract

DUE DATE/TIME: January 18, 2017 @ 3:00PM

SUBMITTED BY:

Name of company

Please Note:

From time to time, addenda may be issued to this bid. Any such addenda will be posted at www.myvendorlink.com It is the vendor’s responsibility to ensure receipt of all addenda.

The awarded vendor(s) must have a W-9 on file with the School Board Finance Department.

http://www.myvendorlink.com/

Please state company name and authorized signature

THE SCHOOL BOARD OF POLK COUNTY, FLORIDA

P.O. BOX 391 1915 SOUTH FLORAL AVENUE

BARTOW, FLORIDA 33831-0391 BARTOW, FLORIDA 33830-7124

INVITATION TO BID

Bid Title Grove Service – Term Contract

Bid File Number 023-MHH-0117 Posted_______ December 14, 2016

Sealed bids will be received until 3:00 PM on January 18, 2017 in the School Board Purchasing Office at the above address. The official clock for the purpose of receiving bids is located in the Purchasing Office. All bids must be date and time stamped by the official clock. Bids will be opened in the Purchasing Offices after the deadline for receiving bids. Any bid received in Purchasing after the deadline indicated above will be date and time stamped and will not be opened. It is vendors’ responsibility to see that their bids are properly received at the correct location prior to the deadline. Your bid must be on this form with the Bidder Acknowledgment completed. Inquiries on this bid should be addressed to: Harold Hamby Jr. telephone 863-534-0575, FAX 863-534-0802 E-Mail harold.hambyjr@polk-fl.net.

BIDDER ACKNOWLEDGMENT

The undersigned, having carefully examined the "Invitation to Bid" with any attached "Special Terms and Conditions" agrees to abide by all conditions of the bid and offers to furnish the items or services as set forth. I further certify that I am authorized to sign this bid.

VENDOR NAME MAILING ADDRESS

PRINT OR TYPE SIGNATURE AND TITLE CITY, STATE, ZIP

WRITTEN SIGNATURE DATE

TELEPHONE NUMBER (TOLL FREE, IF AVAILABLE) FAX NUMBER

E-MAIL ADDRESS FEID NUMBER

NOTE: THE ABOVE BIDDER ACKNOWLEDGMENT MUST BE SIGNED FOR YOUR BID TO BE ACCEPTED.

GENERAL INSTRUCTIONS AND CONDITIONS

1. CONTRACT PERIOD: Bids that do not offer prices good until the following date will not be accepted: January

31, 2018. Contract(s) awarded from this bid will begin on January 27, 2017 and will run through January 31, 2018.

2. F.O.B. DELIVERY POINT: All prices bid must include delivery charges to stated destination(s) as follows: See

Special Terms and Conditions.

3. POSTING OF BID AWARDS: Recommended award of this bid will be posted at the School Board Administrative

Offices and at www.myvendorlink.com on or about January 23, 2017 and will remain posted for a period of at least 72 hours. Bid files and tabulations may be examined during normal working hours.

4. PRICES AND TAXES: All prices are normally fixed for the duration of the contract period. Fluctuating or adjustable prices are only acceptable if so stated in the Special Terms and Conditions". The School Board is exempt from State sales and use taxes and Federal excise taxes. (State Exemption No. 85-8013927632C-8)

5. DELIVERY: Deliveries must be made in accordance with specified delivery schedules or as soon as possible after receipt of the purchase order if no delivery schedule is specified or bid. All delivery containers must be marked with the Polk County School Board purchase order number and product item number. Unless stated otherwise, all products being shipped into the Board’s warehouse shall be packaged in cardboard cartons so as to prevent damage both in transit and in the warehouse. For all truck deliveries into the warehouse, the Bidder is required to provide notification AT LEAST 24 HOURS PRIOR TO DELIVERY. For Bartow deliveries, call Warehouse Receiving at (863) 534-0910. Truck drivers will be required to assist in unloading.

6. QUANTITIES: Quantities shown are not guarantees of purchase. The Board may purchase additional quantities during the life of the contract unless the bid sheets are noted, “Bid is for Specified Quantity Only,” by the Bidder.

The bid sheets must state, “Minimum Reorder Quantities,” if applicable.

7. EQUIVALENT PRODUCTS: Any manufacturers’ trade, brand, model or catalog number listed as a specification is for information purposes and not to limit competition. The Bidder may offer any equivalent current production model which meets or exceeds the specifications unless noted otherwise in the specifications. If an equivalent model is offered, the Bidder must clearly indicate any deviation from the specifications and include complete descriptive literature on alternate item(s) or the items will not be considered.

8. SPECIFICATIONS: All items offered must be in accordance with specifications except as noted above. Minor departures from specifications may be considered at the option of the Board. When applicable, all products shall carry evidence of Underwriters’ Laboratory (UL) listing and comply with the requirements of the Occupational Safety and Health Act, (OSHA). When applicable, delivered items must be accompanied by a Material Safety Data Sheet (MSDS). If product packing or packaging is to be different than specified in the bid, the Bidder must state any deviation. The bid, lacking any statement to the contrary, will be received as being in complete compliance with specifications. When more than one bid meets all specifications, the Board reserves the right to determine the “Lowest and Best” bid. Bid items are subject to testing at the Bidder’s expense. Delivery of items not meeting specifications is cause for removal from the list of acceptable Bidders and no payment will be made for the entire delivery, including usage.

9. SAMPLES: When requested, samples will be furnished at Bidder’s expense. Requests for sample returns must be made within 30 days of the bid opening. If no return request is made, the samples will become the property of the Board. Failure to submit samples when required may result in non-acceptance of the bid.

10. SERVICE AND WARRANTY: Bidder should attach any warranties offered and explain warranties and service provided. These may not be in conflict with warranties required in the specifications.

11. ACCEPTANCE OR REJECTION: The right to accept or reject any bids or individual items in the bids and to waive irregularities in bids is reserved by the Board.

12. DETERMINATION OF BID AWARD BASIS: Unless specifically excluded by the Bidder, bid awards may be made on either a composite or a line item basis.

13. MISTAKES: In case of mathematical errors, the Bidder’s unit price shall be considered the bid price. It is the

Bidder’s responsibility to understand the terms, conditions, and specifications of the bid. Failure to do so will be at the Bidder’s risk.

14. PLACING AND ACCEPTANCE OF ORDERS: The award of this bid does not constitute an order. Before delivery is made the Bidder must receive a duly executed purchase order or contract. Acceptance by the Bidder is assumed upon issue by the Board of a duly executed purchase order or contract. Inspection and acceptance of items will be at the stated destination(s) unless otherwise provided, and title to and risk of loss or damage is the responsibility of the Bidder until acceptance by the Board.

15. ASSIGNMENT, INVOICES, AND PAYMENT: No assignment of an order or monies to be derived there from is acceptable without the prior written approval of the Board. All invoices must be submitted in triplicate to the Board with each purchase order being invoiced separately. Payment shall be made upon presentation of properly prepared invoices. Payment is generally made on the next Friday following the week in which invoicing is completed.

16. PERFORMANCE: If the Bidder refuses or is unable to make delivery within a reasonable time, the Board may hold the Bidder responsible for any damages or costs incurred by the Bidder’s actions. The Board may withhold payments pending satisfactory compliance with the terms of the agreement. The Bidder shall hold and save the Board and Board employees harmless from liability of any kind in the performance of this contract.

17. CONTRACT FAILURE: Should any Contractor fail to enter into a contract with the School Board on the basis of the submitted bid by said Contractor, Contractor acknowledges that Contractor shall be liable to the School Board for the difference between such bid price and the price the School Board pays to secure the merchandise from another source. Failure to pay said amount to the School Board upon demand will result in the company being removed from the bid list for a period of not less than two (2) years from the date of infraction.

18. CONFLICT OF INTEREST: All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the Board. Further, all Bidders must disclose the name of any Board employee who owns, directly or indirectly, any interest of any amount in the Bidders firm or branches.

19. ATTACHMENTS: All attached sheets are a part of this bid and any Special Terms and Conditions contained therein which are in conflict with the GENERAL INSTRUCTIONS AND CONDITIONS shall have precedence.

20. ADDENDUM: Any changes in this bid shall be in the form of a written addendum by the Purchasing Director. No other person shall be authorized to make changes verbally or in writing. It shall be the responsibility of the bidder to ascertain if any addenda have been issued and to obtain all such addenda. Any Addendum shall be returned with this bid by the Bidder.

21. EXTENSION: The Board reserves the option to extend the contract period provided the Bidder is in agreement.

The request for extension shall be submitted by the Bidder in writing.

22. DISPUTES: Any person who may be adversely affected by an intended decision with respect to the award of any bid, may protest such a decision by following the Bid Protest procedure as outlined in Policy #6320 of the School Board of Polk County. A copy of the procedure is posted online at http://www.neola.com/polk-fl/ and is permanently posted at the administrative offices of the School Board of Polk County, Florida. Failure to follow the requirements of the bid protest procedures established by the School Board of Polk County, Florida shall constitute a waiver of all protest rights. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

23. PREFERENCE FOR DRUG-FREE WORKPLACE: Whenever two or more bids which are equal with respect to price, quality, and service are received, preference shall be given to a bid received from a business that certifies that it has implemented a drug-free workplace program in accordance with Section 287.087, Florida Statutes. In order to receive preference, a signed certification of compliance must be submitted with the bid response.

24. AGREEMENT: This Bid and the Purchase Orders issued hereunder constitute the entire agreement between the

School District and the Vendor awarded the bid. No modification of this bid shall be binding on the District or the Bidders.

25. TERMS AND CONDITIONS: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmitted letters, specifications, literature, price estimates or warranties, it is understood and agreed the General Conditions and Special Terms and Conditions in this bid solicitation are the only terms and conditions applicable to this bid and the bidders authorized signature affixed to the bidder acknowledgment form attests to this.

26. PUBLIC ENTITY CRIME & CONVICTED VENDOR LIST: Per the provisions of Florida Statute 287.133 (2)(a), “a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity http://www.neola.com/polk-fl/ crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. The prospective bidder certifies, by submission and signature of this bid, that neither the bidder, nor its principal, its agent or its representative is presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation in this transaction or otherwise precluded by Florida Statute 287.133 from participating in this contract.

27. DISCRIMINATORY VENDOR LIST: Per the provisions of Florida Statute 287.134(2)(a), “An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity.” The prospective bidder certifies, by submission and signature of this bid, that neither the bidder, nor its principal, its agent or its representative is presently on the discriminatory vendor list, or otherwise precluded by Florida Statute 287.134 from participating in this contract.

28. FEDERAL DEBARMENT CERTIFICATION: Certification regarding debarment, suspension, ineligibility and voluntary exclusion as required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR, Part 180, as defined at 2 CFR Part 180, Section 300.

a. The prospective lower tier participant certifies, by submission and signature of this quote, that neither it, nor its principals, its agents or its representatives are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid.

29. SCRUTINIZED COMPANY CERTIFICATION: Per the provisions of Chapter 287.135 Florida Statutes, a company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to s. 215.473; the Scrutinized Companies that Boycott Israel list, created pursuant to s. 215.4725 F.S. or is engaged in business operations in Cuba or Syria is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more.

The company/vendor certifies by submission and signature of this bid that: it is not on the Scrutinized

Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List; the Scrutinized Companies that Boycott Israel list or that it is not engaged in business operations in Cuba or Syria. Any contract for goods or services of $1 million or more may be terminated at the option of the awarding body if the company is found to have submitted false certification, has been placed on any of these lists or has been engaged in business operations in Cuba or Syria.

30. NON-COLLUSION: The bidder certifies, by submission and signature of this bid, that it warrants that he/she has not employed or retained any company or person other than a bonafide employee working solely for the bidder to solicit or secure this bid and that he/she has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working sole for the bidder, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from this award or making of this bid.

The bidder further certifies that its bid is made without previous understanding, agreement or connection with any person, firm or corporation making a bid for the same item(s) and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

31. SALES TO OTHER PUBLIC AGENCIES: With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other public agencies within the State of Florida. Such purchases shall be governed by the same terms and conditions as stated herein. (Check where applicable): Agree to extend pricing to School Boards and/or public agencies within the State of Florida.

32. BID RESPONSES: If the bid is to be returned via express mail or in a courier envelope, the bid documents should be submitted in a separate sealed envelope within the courier envelope. Express mail or courier envelopes will be opened and discarded. The face of the sealed bid envelope should have attached the label included with the bid package or noted, the Bid File Number and “Attention: Purchasing Department

– Sealed Bid.” If there is not going to be a bid submitted, return the “No Bid” post card, or return the Invitation to Bid, marked, “No Bid.”

33. TERMINATION OF CONTRACT: This contract may be terminated without liability to the School Board in whole or in part when it is deemed to be in the best interest of the School Board to so act. Notification of termination must be in writing and issued by the Director of Purchasing or designee. This contract may be terminated upon 30 days written notice. Further, at the discretion of the School Board, the contract may be terminated in a period of less than 30 days in the event of poor performance or violation of the terms and conditions of this contract.

The School Board, upon termination, shall exercise its discretion to complete the balance of the contract consistent with the best interest of the School Board.

34. SOLICITATION OF DISTRICT EMPLOYEES: Bidders/vendors and others involved with this bid are prohibited from making any offer of any value to any employee of the School Board who is directly or indirectly involved in the development, solicitation or evaluation and subsequent recommendation for award of this bid.

35. PUBLIC RECORDS/CONTRACTS FOR SERVICES AS DEFINED IN F.S. 119.0701: Each School Board contract for services, as defined in F.S. 119.0701, shall include a provision that requires contractors and subcontractors to comply with all applicable public records laws.

36. CONE OF SILENCE: A Cone of Silence is hereby established for all competitive selection processes including

Invitations to Bid (ITB), Requests for Proposal (RFP) and Invitations to Negotiate (ITN) for the provision of goods and services. The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award. Pursuant to School Board Policy 6324, the School Board of Polk County enacts a Cone of Silence that commences after the advertisement of the ITB, RFP or ITN. The Cone of Silence terminates at the time the Board acts on a written recommendation from the Purchasing Department or Facilities Department regarding contract award. All provisions of School Board Policy 6324 are applicable to this solicitation.

37. The District hereby notifies interested parties that the purchasing agreements and state term contracts, available under s. 287.056, of the Department of Management Services have been reviewed for the subject of this solicitation.

NOTE: The Bidder Acknowledgment on Page 1 MUST be signed for your bid to be considered.

Rev. Pur. 06/2016

The School Board of Polk County, FL Grove Service - Term Contract

Bid Number 023-MHH-0117

Special Terms and Conditions

A. SCOPE: The purpose of this Bid is to obtain cost effective, accountable, grove service for various citrus groves located on School Board of Polk County property and other groves that may be acquired by the School Board during the contract period. A listing of the current groves is included on Attachment 1 on page 23. For the purpose of this Invitation to Bid, the term “Bidder”, “Contractor” and “Vendor” shall be considered synonymous.

B. BID OPENING: All responses to this sealed bid are subject to release as public records consistent with Chapter 119 Florida Statutes. Sealed bids will be received and publicly opened. Only names of respondents will be read at bid openings. Pricing and other contents of bid responses will not be disclosed at bid openings. Reference Section 119.071(1)(b), F.S. and Section 286.0113, F.S.

C. DEADLINE FOR RECEIPT OF WRITTEN QUESTIONS: Written questions from potential bidders will be accepted by mail, facsimile or email addressed to the attention of Harold Hamby at 1915 S Floral Ave. Bartow, FL 33830, FAX 863-534-0802 or E-Mail harold.hambyjr@polk-fl.net. All written questions must be received by the District’s Purchasing Department no later than 4:00 PM (EST) January 4, 2017. Telephone inquiries will not be accepted, nor will answers be provided by telephone. It is the sole responsibility of the bidder at its own risk to ensure that written questions, however submitted, will be received by the deadline indicated above.

Please note: If bidding other than the specified fertilizer for Line ITEM NO. 7 in the BID FORM & SPECIFICATIONS bidders must submit their proposed mix, treatment frequency and rate of spread as a written question prior to the deadline for receipt of written question as indicated above. The District will evaluate the bidder’s proposed mix, treatment frequency and rate of spread and will accept or reject the proposed mix, treatment frequency and rate of spread and provide a written response via addendum (see Section W. on page 12 of 25 in the Special Terms and Conditions of this this Invitation to Bid). If a bidder fails to seek approval of a proposed mix, treatment frequency and rate of spread prior to the deadline for receipt of written questions the submitted bid will be evaluated with the specified mix, treatment frequency and rate of spread as indicated in the BID FORM & SPECIFICATIONS.

D. OFFICIAL RESPONSES: If warranted on or about January 6, 2017 the District will issue responses to all questions timely received. The District will post the responses (as an addendum) to the same website where this Bid is posted, at www.myvendorlink.com.

E. RESTRICTIONS ON CONTACTING THE DISTRICT: Pursuant to School Board Policy 6324, upon the issuance of this Invitation to Bid, all contact with the District must be made through the designated contact person listed in page 1 of this Invitation to Bid. Potential vendors, service providers, bidders, lobbyists or consultants must limit communication with the designated contact to the means specified in this Invitation to Bid. Other District employees and representatives of the District are instructed not to answer questions regarding the bid or otherwise discuss the contents of the bid with potential bidders or their representatives. Any contacts made with other District employees or representatives of the District (including school principals, Board members or member-elects) will be reported to the Purchasing Department. Potential Bidders shall not, under the penalty of law, offer any gratuities, favors or anything of monetary value to any officer or employee of the

Bid Number 023-MHH-0117

Please state company name and authorized signature

District or representative of the District in connection with this competitive procurement.

Violation of this policy by a particular bidder, proposer, respondent and/or representative may, at the discretion of the District, result in rejection of said bidder, proposer, respondent and/or representative’s bid, proposal or offer and may render any contract award to said bidder, proposer or respondent voidable.

F. F.O.B. DESTINATION: Prices bid for all items shall be F.O.B. Destination and include all shipping charges to all Polk County school locations.

G. OTHER FEES: Bidder/Contractor may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc.

H. COMPLIANCE WITH THE JESSICA LUNSFORD ACT: Florida Statutes contain certain fingerprinting and/or screening requirements pertaining to all persons or entities entering into contracts with Schools/School Boards/School Districts/Charter Schools who may have personnel who will be on school grounds when students may be present.

Any individual who fails to meet the statutory requirements shall not be allowed on school grounds. Failure to comply with the statutory requirements will be considered a material default of this contract/agreement. Please visit http://www.polk-fl.net/community/doingbusinesswithus/jessicalunsfordact.htm for a list of links to requirements regarding the Jessica Lunsford Act.

I. AWARD OF CONTRACT:

1. The District reserves the right to reject any or all bids and to waive any informalities or irregularities in any bids received.

2. The District reserves the right to award this bid in whole or in part to one or more bidders, or to take any other actions that may be in the best interest of the District. It is anticipated there will be a recommendation for award of contract based on the lowest responsive composite bid received from a responsive and responsible bidder. This will be the Primary Contractor award.

There may be an additional award based on the second lowest responsive composite bid received from a responsive and responsible bidder. This would/will be the first alternate award. In the event there is a scheduling conflict, or if the Primary Contractor is unable to complete a given project satisfactorily or in a timely manner, the Contract Administrator (Workforce Education Teacher Resource Specialist Trainer or designee) may request the services outlined in this Invitation To Bid from the first alternate awardee.

If in the opinion of the Contract Administrator (Workforce Education Teacher Resource Specialist Trainer or designee) the order exceeds the capability of the primary contractor, the services outlined in this Invitation to Bid may be purchased from the first alternate awardee.

3. The composite (all or none) bid price for each submitted bid will be calculated as follows:

The line item total bid price for each item number will be determined by multiplying the bidder’s unit price by the estimated quantity for each item number in the BID FORM & SPECIFICATIONS. For example, item number 1 unit price multiplied by the estimated quantity equals line item number 1 total bid price. This process will be repeated for all item numbers.

http://www.polk-fl.net/community/doingbusinesswithus/jessicalunsfordact.htm

Bid Number 023-MHH-0117

Please state company name and authorized signature

Bidder’s total composite (all or none) bid price will be determined by adding the item number total bid price for Item Number 1 through Item Number 17c. on the BID FORM & SPECIFICATIONS.

4. Failure to satisfactorily perform current or past contracts may result in the rejection of a bid as non-responsible.

5. Quantities shown are simply estimates that may be purchased during the bid period and do not obligate the District to purchase the quantities stated on the Bid Form. Purchases may be made for more or less quantities of any particular item, at any time, during the bid period.

J. CONTRACT DOCUMENT: All terms and conditions of this Invitation to Bid document shall constitute the entire agreement between the District and the awarded vendor(s). The bidder’s signature on the bidder acknowledgement form shall be considered the bidder’s executing signature. Approval of the recommended bidder(s) by the Superintendent of Schools or Board approval at a regularly scheduled board meeting shall be considered the District’s executing signature. No work shall commence under this contract until after approval and the awarded bidder(s) receives a duly authorized purchase order.

K. CANCELLATION: In the event any of the provisions of this bid are violated by the awarded vendor, the Superintendent or designee will give written notice to the vendor stating the deficiencies and unless the deficiencies are corrected within ten

(10) days, recommendation will be made to the Superintendent of Schools or the Board for immediate cancellation of this contract. Upon cancellation hereunder the District may pursue any and all legal remedies as provided herein and by law. The District reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the District will be relieved of all obligations under said contract. The District will only be required to pay to the vendor that amount of the contract actually performed to the date of termination.

L. WARRANTY OF ABILITY TO PERFORM: By signing the “Bidder Acknowledgment” on page 1 of this document, the Bidder warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Bidder’s ability to satisfy its Contract obligations. The Bidder warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Bidder shall immediately notify the District in writing if its ability to perform is compromised in any manner during the term of the Contract.

M. AUTHORIZATION TO PERFORM UNDER CONTRACT: All purchases must be properly authorized in advance. Vendors must first obtain a printed purchase order before commencing performance under a contract. Vendors shall take no directions to modify (increase, change, decrease, cancel) a purchase order, once issued, from anyone other than the District’s Purchasing Department. Additional work must be authorized in advance by the Purchasing Department; at the discretion of the Purchasing Department either a change order to the original purchase order or a supplemental purchase order will be issued for the requested modification (increase, change, decrease, cancel). The vendor assumes all liability for any costs or damages incurred and payment will be denied for additional work if this procedure is not strictly followed.

Bid Number 023-MHH-0117

N. PUBLIC RECORDS/CONTRACTS FOR SERVICES AS DEFINED IN F.S. 119.0701: This is a contract for services as defined in F.S. 119.0701. Accordingly, the contractor must comply with public records laws, specifically, the contractor must:

1) Keep and maintain public records required by the public agency to perform the service.

2) Upon request from the public agency’s custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law.

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 contract term and following completion of the contract if the contractor does not transfer the records to the public agency.

4) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, 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 contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

Public records means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business with Polk County Public Schools. Contractor’s records may include, but are not limited to, supplier/subcontractor invoices and contracts, project documents, meeting notes, emails and all other documentation generated during the contract term.

Records must be created and maintained in accordance with the General Records Schedule GS1-SL for State and Local Government Agencies.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

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

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE PUBLIC

RECORDS OFFICE AT:

POLK COUNTY PUBLIC SCHOOLS

PO BOX 391

BARTOW, FL 33831-0391

TELEPHONE: 863-534-0522

otrs.publicrecords@polk-fl.net mailto:otrs.publicrecords@polk-fl.net

Bid Number 023-MHH-0117

Please state company name and authorized signature

O. QUALIFICATION OF BIDDERS: In order to be considered for award of this bid, the bidder shall meet or exceed the following qualifications and provide documentation of same as requested below. Items 1, 2, 3, and 4 (if applicable) should be submitted with your bid response to facilitate the bid evaluation process, and must be on file prior to bid award.

After bid opening the District shall reserve the right to request additional clarification of any item submitted by the bidder in response to this Invitation to Bid. Any requested additional information must be received by the District’s Purchasing Department within two (2) days after the date of the request for the additional information. Saturdays, Sundays and School Board Holidays shall be excluded from the two (2) day time period provided by this paragraph. The request for additional information shall be in writing and will be sent via email or fax.

1. Bidder must submit customer references for a minimum of three (3) recent jobs/projects:

a) Any bidder submitting a bid must provide a minimum of three (3) customer references for recent jobs/projects that demonstrate that the bidder has satisfactorily provided Grove Service as outlined in this Invitation to Bid. The district reserves the right to waive the reference requirement for any bidder that has recently and successfully performed the services in this Invitation to Bid for the District. (Failure to meet this requirement will be cause to consider the bid non-responsive).

b) For the purpose of this Invitation to Bid, recent is defined as any jobs/projects performed since January 1, 2011. References for jobs/projects performed prior to January 1, 2011 will be considered non-responsive.

c) A BIDDER REFERENCE FORM is provided for these references on page 20 of this invitation to bid. These jobs may have been performed for a single customer or for multiple customers.

2. The bidder should provide a name, telephone number and fax number of the person to be contacted during normal business hours for scheduling work, responsible for the work product of the contractor and to provide service as needed. An answering service will not satisfy this requirement. Space is provided for this information on the SERVICE COORDINATOR, EMERGENCY SERVICE COORDINATOR AND SUBCONTRACTORS FORM on page 21.

3. The bidder should provide a name and telephone number of the person to be contacted after normal business hours for the coordination of emergency service. An answering service will not satisfy this requirement. Space is provided for this on the SERVICE COORDINATOR, EMERGENCY SERVICE COORDINATOR AND SUBCONTRACTORS FORM on page 21.

4. The bidder should submit the name and address of any subcontracting firm if the bidder intends to subcontract any portion of this work. Space is provided for this information on the SERVICE COORDINATOR, EMERGENCY SERVICE COORDINATOR AND SUBCONTRACTORS FORM on page 21.

P. PERFORMANCE QUALIFICATIONS: The District reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Bidder meet the Contract requirements. Bidder shall at all times during the Contract term remain responsive and responsible. In determining Bidder’s responsibility as a vendor, the District may consider all information or evidence which is gathered or comes to the attention of the District which demonstrates the Bidder’s capability to fully satisfy the requirements of the solicitation and the contract.

Bid Number 023-MHH-0117

Please state company name and authorized signature

Bidder must be prepared, if requested by the District, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the Bidder for the production, distribution, and servicing of this service bid. If the District determines that the conditions of the solicitation documents are not complied with, or that the service proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the District may reject the response or terminate the Contract. Bidder may be disqualified from receiving awards if bidder, or anyone in Bidder’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This section shall not mean or imply that it is obligatory upon the District to make an investigation either before or after award of the Contract, but should the District elect to do so, bidder is not relieved from fulfilling all Contract requirements.

Q. SUBCONTRACTORS: If during the term of the contract the awarded bidder intends to subcontract any portion of this work for any reason, the name and address of the subcontracting firm must be submitted for approval. No subcontracting shall take place prior to awarded bidder furnishing this information and receiving written approval from the District.

The subcontractor will be equally responsible for meeting all requirements as specified in Section H. The District reserves the right to reject a subcontractor who previously failed in the proper performance of an award or failed to deliver on-time contracts of a similar nature, or who (in the opinion of the Superintendent Of Schools, or designee) is not in the position to perform this award. The District reserves the right to inspect all facilities of any subcontractor in order to make the determination as to the foregoing. In the event the District elects to reject a subcontractor for cause, the bidder may submit another subcontractor, which will also be subject to approval by the District.

R. EMPLOYEES, SUBCONTRACTORS, AND AGENTS: Nothing contained in these specifications shall be construed as creating any contractual relationship between any subcontractor and the District. The successful firm shall not only be held liable to the District for the acts and omissions of its employees, but also for the employees of any of its subcontractors. The District may reject and bar from any facility (for cause) any of the Contractor’s employees, subcontractors, or agents.

S. ADDITION OF NEW GROVES: New sites may be added during the term of this contract.

The School Board of Polk County and the awarded vendor will use the pricing on the bid form for any additional sites that may be added during any term of this contract.

T. USE OF OTHER CONTRACTS: The District reserves the right to utilize any other District contract, any State of Florida Contract, any contract awarded by any other city or county governmental agencies, any other school board, or any other community college/state university system cooperative bid agreement, in lieu of any offer received or award made as a result of this bid, if it is in its best interest to do so. The District also reserves the right to separately bid any single order or to purchase any item on this bid if it is in its best interest to do so.

U. PERFORMANCE OF CONTRACT: The awarded bidder must be able to perform the services listed in this contract within the minimum time frames noted below.

Repeated failure to perform within these timeframes shall be considered cause for the District to assign work to the first alternate awardee, if the first alternate

Bid Number 023-MHH-0117

Please state company name and authorized signature awardee is unable to perform the contract then the District will have the option to assign work to other alternate awardees as applicable. The District shall reserve the right to refuse an extension of contract with an awarded bidder that isn’t in compliance with Section O. Performance of Contract. If an awarded bidder continues to fail in performance of contract the District reserves the right to cancel the contract award as indicate in Section N. of the Special Terms and Conditions of this Invitation to Bid.

1. Emergency request for service: The Workforce Education Teacher Resource Specialist Trainer (or designee) will phone the awarded bidder’s contact person as indicated in the SERVICE COORDINATOR, EMERGENCY SERVICE COORDINATOR AND SUBCONTRACTORS FORM on page 21 to request the emergency service. The awarded bidder’s contact person must respond within two (2) hours of the request for emergency service and must have staff and equipment onsite within four (4) hours of the initial request for emergency service(s). Emergency request shall be defined as but not limited to any situation that poses a risk to students, staff, and/or property or impedes the Districts ability to operate normally. Failure to respond to an Emergency request for service or failure to perform the Emergency service may at School Board discretion be considered failure of performance of contract.

2. Scheduled (Non-emergency) request for services: The Workforce Education Teacher Resource Specialist Trainer (or designee) will phone, fax or email the awarded bidder’s contact person as indicated in the SERVICE COORDINATOR, EMERGENCY SERVICE COORDINATOR AND SUBCONTRACTORS FORM on page 21 to request scheduled service. The awarded bidder shall have no more than one (1) business days (Board holidays and weekends shall be excluded from the one (1) day time period) to confirm receipt of the scheduled request and make arrangements to discuss the scope of the request and schedule the service with School Board of Polk County staff. Failure to respond to a scheduled request for service or failure to perform scheduled service when scheduled as indicated above may at School Board discretion be considered failure of performance of contract.

V. FAMILIARITY WITH LAWS: The awarded vendor is required to be familiar with all Federal, State, and local laws, ordinances, rules and regulations that may in any manner affect their work. Failure on the part of the vendor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The awarded vendor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements.

W. ADDENDA: It shall be the responsibility of each responding bidder to check the website used to download this bid to ensure receipt of all addenda. If applicable the ADDENDUM ACKNOWLEDGEMENT FORM should be submitted with your bid response to facilitate the bid evaluation process, and must be on file prior to bid award. The ADDENDUM ACKNOWLEDGEMENT FORM is available on page 25 of this Invitation to Bid.

Any such addenda will be posted at www.myvendorlink.com.

X. LINE ITEM CORRECTIONS: The use of correction fluid/tape or erasures to correct line item bid prices and/or quantities are not acceptable. Corrections must be by strikethrough (strikethrough) of the incorrect figures, writing in of correct figures and initialing of the corrections by the originator. Correction fluid/tape or erasure corrected bids will be considered non-responsive for the corrected items only. When a bid award is contemplated as an “all or none” or composite award, the

Bid Number 023-MHH-0117

Please state company name and authorized signature use of correction fluid, correction tape or erasure to correct bid pricing on any line item bid price will result in the entire bid declared non-responsive.

Y. INSURANCE: The contractor(s) shall take every precaution to prevent injury to persons, particularly children, or damage to public or private property while performing services under this agreement. He shall assume full responsibility for such occurrences if resulting from his operations. Before commencing work, the contractor shall furnish the District a certificate of insurance showing his coverage with the following minimum requirements:

TYPE OF INSURANCE LIMITS OF LIABILITY

Worker's Compensation Statutory

Commercial General Liability ..................Combined Single Limit $1,000,000 per occurrence

$2,000,000 aggregate Automobile Liability ..........................$1,000,000 Combined single limit (All owned autos, or any auto if vehicles other than owned are used).

a) The School Board of Polk County shall be named as an additional insured and certificate holder on the certificate for commercial general liability insurance (a copy of the additional insured endorsement is required) and as a certificate holder for automobile liability insurance. All insurance must be issued by a company or companies approved by the School Board.

b) The VENDOR shall be responsible for assuring that the insurance remains in force for the duration of the contractual period, including any and all option years that may be granted to the VENDOR. A Certificate of Insurance shall contain the provision that the SBPC LOCATION be given no less than thirty (30) days written notice of cancellation. If the insurance is scheduled to expire during the contractual period, the VENDOR shall be responsible for submitting any new or renewed Certificate of Insurance at a minimum of fifteen calendar days in advance of such expiration.

Z. REQUESTS FOR BID INFORMATION & RELATED DATA: Requests for information relating to bids in process should be directed to the individual listed on page 1 of this bid document. Requests will be addressed without delay when such information has a material effect on the completion of your bid response. Every effort will be made to supply other requested information of a less critical nature within (48) hours from receipt of a request.

Visit www.myvendorlink.com to obtain:

A copy of a bid packet for a contract or project currently out for bid

A copy of any addenda issued to current bids in process

A copy of the Bid Tabulation and other associated bid documents for the most recent bid/contract. Log into www.myvendorlink.com and at the Solicitations tab find the Number field box and type in this bid number- 017-MHH-1013.

NOTE: It is the bidders responsibility to check www.myvendorlink.com frequently for updated information.

Bid Number 023-MHH-0117

AA. SPECIFICATIONS:

1. General: The apparent silence of the Specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement.

2. Equipment: The equipment to be utilized in performance of all services shall be properly maintained and conform to safety requirements of applicable regulating agencies (OSHA, etc.).

3. Services: Services shall be scheduled in advance at the direction of the Workforce Education Teacher Resource Specialist Trainer (or designee). In some instances, this may require coordination with school administration at the grove site. The services typically include, but not necessarily limited to, the following:

(a) Fertilization: Awarded vendor shall use necessary types of fertilizer that is best suited for the variety and age of trees during the season in which it is applied. The District shall reserve the right to negotiate the per acre bid price if the amount of fertilizer required per application increases or decreases during any term of this contract.

(b) Herbicides:…