ITB_25-104_Solicitation_complete.pdf

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

INVITATION TO BID

Project #: ITB 25-104

ITB 25-104 ARTIFICIAL REEF DEPLOYMENT

Issue Invitation to Bid March 1, 2025

Pre-Bid Conference (Mandatory) March 13, 2025, 10:00am

Microsoft Teams Meeting ID: 232 697 515 120 Passcode: Me25rC7M

Deadline for Questions March 24, 2025, 4:00pm

Bid submittal Due Date and Time April 3, 2025, 2:00pm

Public Opening Date and Time via Microsoft Teams

April 3, 2025, 2:15pm

Microsoft Teams Meeting ID: 258 610 091 201 Passcode: Sd3CZ7RW

Board Approval of Selection and Award (subject to change)

June 10, 2025

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. ADDITIONAL INFORMATION

4. MINIMUM INSURANCE REQUIREMENTS

5. SCOPE OF WORK

6. BID FORM

7. VENDOR/CONTRACTOR RESPONSES

8. EXHIBITS

Attachments:

A - Exhibit A Scope of Work

B - Exhibit B Compensation

C - Exhibit C- Army Corps Permit SAJ-1999-00814

D - Exhibit D Subrecipient Agreement

E - Exhibit E- Locator Map

F - Exhibit F Sample Invoice

G - Exhibit G Federal Provisions

H - Attachment A- Concrete Material Inventory

I - Attachment AA-001

J - Attachment AA-002

K - Attachment AA-003

L - Attachment AA-004

M - Attachment AA-005

N - Attachment AA-006

O - Attachment AA-007

P - Attachment AA-008

Q - Attachment AA-009

R - Attachment AA-010

S - Attachment AA-011

T - Attachment AA-012

U - Attachment AA-013

V - Attachment AA-014

W - Attachment B FSEP 13-3

X - Attachment AA-015

Y - Attachment AA-016

AA - Attachment AA-017

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.

“Consortium” or “Gulf Consortium” means the Gulf Consortium, created under the Florida Interlocal Cooperation Act (Part 1 of Chapter 163, Florida Statutes) and the Interlocal Agreement entered into by its members on September 12, 2012 to manage and administer the RESTORE Act funds allocated to the State of Florida by the Gulf Ecosystem Restoration Council, consistent with the RESTORE Act.

"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 Services, 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 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/Vendor 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.

“Funding Agency” means any State or Federal Agency that provides funding to the County for any Project.

“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.

“Gulf Ecosystem Restoration Council” or “Council” means the Federal Agency created by the RESTORE Act having oversight responsibility for 60% of the Gulf Coast Restoration Trust Fund, including the 30% comprising the RESTORE ACT 9 Pot 3) Funds.

"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 Services specified in this Invitation to Bid.

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

“RESTORE ACT” means Public Law 112-141 (July 6, 2012), codified at 33 U.S.C. 1321(t), as may be subsequently amended, and all implementing regulations.

“RESTORE ACT (Pot 3) Funds” refers to the 30% of the Gulf Coast Restoration Trust Fund, established by the RESTORE Act, to fund economic and environmental recovery of the Gulf Coast region impacted by the Deepwater Horizon Oil Spill. Pot 3 funds are managed separately by each of the Gulf Coast states. The Gulf Consortium is Florida’s designated agency to administer Pot 3 funds.

"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 Work required under the Contract Documents under the sole control and direction of the Successful Bidder.

"Subrecipient" Citrus County, Florida is the subrecipient of the Grant Agreement No. 230047133.01.

"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.

"Work" 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.

2. INSTRUCTIONS TO BIDDERS

2.1. Solicitation Overview

Citrus County, Florida (“County”) invites interested parties to submit a Bid/Quote for ITB 25-104 Artificial Reef Deployment. This project includes the implementation of FSEP (Florida State Expenditure Plan) 13-3, artificial reef program ( see Attachment B-FSEP 13-3) consisting of the barging and deployment of 2,000 to 3,000 tons of processed concrete construction debris to Fish Haven #1, located in the Gulf of America, approximately 25 miles west of Homosassa, Florida.

The County has already permitted Fish Haven #1 through the U.S. Army Corps of Engineers, permit #SAJ-1999-00814, which is good through April 18, 2027.

The primary goal of this project is to restore and revitalize the Gulf Economy, additional reef acreage will allow for more recreational activity.

Citrus County, Florida has obtained grant funding for this project from Gulf Coast Ecosystem Restoration Council (RESTORE) made available through The Gulf Consortium, Financial Assistance Award FAIN No. GNSSP23FL0047-01- 00.

The Successful Bidder shall comply with 2 C.F.R. 200.318-326 , Appendix II to C.F.R. Part 200 pertaining to contract provisions for non federal entity contracts under federal awards, Section 287.055, Florida Statues (as applicable), the Gulf Consortium Subrecipient Policy (available at https://www.gulfconsortium.org/ ), and all other applicable state and federal law.

BACKGROUND ABOUT THE RESTORE ACT

In July 2012, the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act (RESTORE Act), Subtitle F of Public Law 112-141, established the Gulf Coast Ecosystem Restoration Council (Council). The RESTORE Act dedicates 80 percent of all Clean Water Act administrative and civil penalties related to the Deepwater Horizon spill to a Gulf Coast Restoration Trust Fund (Trust Fund) and outlines a structure by which the funds can be utilized to restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast region. The U.S. Department of the Treasury (Treasury) is responsible for issuing compliance and auditing procedures for the entire Act and procedures for two grant programs administered by Treasury.

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.

Applicants or bidders for a lower tier covered transaction (except procurement contracts for goods and services under $25,000 not requiring the consent of a Council official) are subject to 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)." In addition, applicants or bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to relevant statutes, including among others, the provisions of 31 U.S.C. 1352, as well as the common rule, "New Restrictions on Lobbying," published at 55 FR 6736 https://www.gulfconsortium.org/ https://www.gulfconsortium.org/)

(February 26, 1990), including definitions, and the Office of Management and Budget "Governmentwide Guidance for New Restrictions on Lobbying," and notices published at 54 FR 52306 (December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772

(January 15, 1992), and 61 FR 1412 (January 19, 1996)

2.3. Minimum Requirements for Submitting a Bid

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

a) Has an active registration to conduct business in the State of Florida. Chapter 607, F.S.

b) Has an active registration in https://sam.gov/.

c) Does NOT appear on the federal debarment list; OFCCP Debarred Companies | U.S. Department of Labor

(dol.gov)

d) Does NOT appear on the state debarment list; Vendor Registration and Vendor Lists / State Agency Resources / State Purchasing / Business Operations / Florida Department of Management Services - DMS (myflorida.com)

e) Show they are competent and have the necessary resources to fulfill the conditions of the contract in the Qualifications Statement found in the VENDOR/CONTRACTOR RESPONSES

f) Have successfully completed at least one artificial reef construction project within the past 5 years, anywhere in the United States.

g) Provide proof of insurance or Letter of Insurability (in accordance with the County liability requirements).

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:

Department of Management & Budget, Purchasing

3600 W. Sovereign Path, Suite 266

Lecanto, Florida, 34461

Phone: 352-527-5457

Fax: 352-527-5424 https://sam.gov/ https://www.dol.gov/agencies/ofccp/debarred-list https://www.dol.gov/agencies/ofccp/debarred-list https://www.dol.gov/agencies/ofccp/debarred-list https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists https://procurement.opengov.com/portal/citrusfl/projects/138694/document?section=1251494 https://procurement.opengov.com/portal/citrusfl https://procurement.opengov.com/signup mailto:procurement-support@opengov.com

Linda Morse, Purchasing & Contracts Manager, linda.morse@citrusbocc.com

Karin McMahon, Purchasing & Contracts Specialist, Karin.mcmahon@citrusbocc.com

Leigha Utter, Purchasing Assistant, leigha.utter@citrusbocc.com

Saleem Mahmood, Purchasing Assistant, Saleem.mahmood@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/138694) 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.

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.

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: March 1, 2025 mailto:linda.morse@citrusbocc.com mailto:Karin.mcmahon@citrusbocc.com mailto:leigha.utter@citrusbocc.com mailto:Saleem.mahmood@citrusbocc.com https://procurement.opengov.com/portal/citrusfl/projects/138694

Pre-Bid Conference (Mandatory): March 13, 2025, 10:00am

Microsoft Teams

Meeting ID: 232 697 515 120 Passcode: Me25rC7M

Deadline for Questions: March 24, 2025, 4:00pm

Bid submittal Due Date and Time: April 3, 2025, 2:00pm

Public Opening Date and Time via Microsoft Teams:

April 3, 2025, 2:15pm

Microsoft Teams

Meeting ID: 258 610 091 201 Passcode: Sd3CZ7RW

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

June 10, 2025

2.8. Pre-Bid Conference

MANDATORY Pre-Bid Conference will be held on March 13, 2025, at 10:00 AM.

Microsoft Teams Link

Microsoft Teams Need help?

Join the meeting now Meeting ID: 232 697 515 120 Passcode: Me25rC7M

2.9. Public Opening

Electronic Bid Submittals shall be opened on Thursday, April 3, 2025, at 2:00 pm via online “Microsoft Teams”.

Microsoft Teams Need help?

Join the meeting now Meeting ID: 258 610 091 201 Passcode: Sd3CZ7RW

2.10. Submission of Bids

Electronic Bid submittal for this Invitation to Bid are to be submitted on or before Thursday, April 3, 2025, 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

VENDOR/CONTRACTOR RESPONSES REQUESTED IN THE 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 https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE2NTg3YTgtNmE2MS00ODZkLTkyOWUtYjZhZGNmMjc3MDdl%40thread.v2/0?context=%7b%22Tid%22%3a%226bbaf887-dd15-4d63-b8cf-1b1dba1f2bfb%22%2c%22Oid%22%3a%22823202a6-c487-42d7-bd03-33452a2df10e%22%7d https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2VmYmU1ODgtNmUwYS00Yzg0LTg5OTQtOTc0MWRkNGYxMzZi%40thread.v2/0?context=%7b%22Tid%22%3a%226bbaf887-dd15-4d63-b8cf-1b1dba1f2bfb%22%2c%22Oid%22%3a%22823202a6-c487-42d7-bd03-33452a2df10e%22%7d https://procurement.opengov.com/portal/citrusfl/projects/138694/document?section=1251494 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.

2.11. 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.

2.12. 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/CONTRACTOR RESPONSES section.

• Certificate(s) of Insurance

• Bid Form

• List of Subcontractors/ Certification Regarding Debarment for Subcontractors

• Bidder's Qualification Statement

• Non-Collusion & Lobbying Certification

• Disclosure of Lobbying Activities on Federal Aid Contracts

• Conflict of Interest Statement

• Certification Regarding Debarment, Suspension

• Vendor Certification Scrutinized Companies

• Drug Free Workplace Certification

• Minority Business Form 16.00-026

• Registration in System for Award Management (SAM) https://sam.gov/

• Human Trafficking Affidavit

• 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.

2.13. Certificate of Insurance

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

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 Successful Bidder asking Successful Bidder to register online with myCOI. It is critical that Successful 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 Successful Bidder’s insurance agent(s). This information must be available at the time of registration. Once Successful 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 Successful Bidder’s Certificate of Insurance (COI) directly into the myCOI website. Certificates of Insurance cannot be mailed, emailed or faxed to County. Successful 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 Successful 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 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 Work

Successful Bidder shall commence ordering materials and equipment within ten (10) calendar days after receipt of a Purchase order and a Notice to Proceed from the County. Successful Bidder shall reach Substantial Completion within two hundred and eighty (280) calendar days after start date set forth in the Notice to Proceed and shall reach Final Completion within three hundred (300) calendar days after the start date set forth in the Notice to Proceed issued by the County.

2.19. Budget

County has appropriated approximately $1,200,000 for the Work covered under this Invitation to Bid. County reserves the right to adjust this amount based on availability of funding.

2.20. Payment and Performance Bonds

If the Total Base Bid or lump sum should equal $100,000 or more, the Successful Bidder will be required to procure Payment and Performance Bonds, each in the amount of one hundred percent (100%) of their Bid plus Alternate Pricing, for the faithful performance of the Contract. After Notice of Award and execution of an Agreement, Successful Bidder shall have ten (10) calendar days to provide Performance and Payment Bonds to County.

Successful Bidder will be responsible for recording Payment and Performance Bonds in the public records of Citrus County. Once recorded, the Successful Bidder shall deliver to County a certified copy of the Bonds and a receipt from the Clerk of Court, confirming that the Bonds have been recorded.

The bonds must be in the form prescribed in Section 255.05, Florida Statutes, with the surety’s bond number to be listed on the front page of the bond. The rating of the surety company must be A.M. Best’s Rating of A-, VI or better. The surety company executing the Bonds must be authorized to transact business in the State of Florida as surety. The Attorney in- Fact who signs the bonds must file with each bond a certified and effective date copy of their Power of Attorney. The bonds must show the name, address and phone number of Bidder, the Surety Company and County. The bonds must indicate the Bid Number, a general description of the project, and the address where the work will take place.

2.21. Liquidated Damages

If the Work covered under this Invitation to Bid is not completed within the time allowed as stipulated herein, plus any extensions thereof, County could incur additional expenses. Since these expenses are difficult to prove in a legal proceeding to establish the actual loss suffered by County, instead of requiring any such proof, Bidder agrees that as liquidated damages for any delays (but not as a penalty) it shall pay County, five hundred dollars ($500.00) for each day that expires after the time specified herein for completion. Sundays and legal holidays shall be excluded in determining days in default. Bidder shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to the following, and Bidder has promptly given written notice of such delay to County: (1) to any preference, priority or allocation order duly issued by County, or (2) to unforeseeable causes beyond the control and without the fault or negligence of Bidder, including but not restricted to, acts of God, or of the public enemy, acts of County, acts of another contractor in the performance of a contract for County, fires, floods, strikes, freight embargoes and abnormal and unforeseeable weather;

and (3) to any delays of Subcontractor occasioned by any of the causes specified in (1) and (2) of this Section.

2.22. Retainage

Pursuant to Section 255.078, Florida Statutes, County may withhold an amount from each payment made to Vendor/Contractor as retainage. Provided there are no outstanding disputes between County and Vendor/Contractor, no outstanding surety claims, and no outstanding claims or demands by County or Vendor/Contractor, County shall make payment of such retainage to Vendor/Contractor in accordance with Sections 255.077 and 255.078, Florida Statutes. If County makes payment of retainage to Vendor/Contractor which is attributable to any subcontracted Work or equipment and materials provided by suppliers, Vendor/Contractor shall remit payment to those subcontractors and suppliers from the retainage.

2.23. Familiarity with Laws

The bidder is expected to be familiar and in compliance with all applicable Federal, State, and Local laws, ordinances, codes, rules and regulations that in any manner affect the Work to be performed. Ignorance on the part of the bidder in no way relieves the bidder from the responsibility of compliance with all applicable laws, ordinances, codes, rules and regulations.

3. ADDITIONAL INFORMATION

3.1. 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.

3.2. 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 Work, (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.

3.3. 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.

3.4. 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 Work, (3) consider Federal, State and Local Laws and Regulations that may affect cost, progress, or performance of the Work, (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 Work.

The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Bidder in performing the Work 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 Work 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 Work 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 Work.

3.5. 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.

3.6. 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.

3.7. 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.

3.8. 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 Work.

3.9. 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 Work noted in this Invitation to Bid.

3.10. 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 RESPONSES (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.

3.11. 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 Work, (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.

3.12. 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.

3.13. 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 Work covered by this Invitation to Bid and (2) Bidder is fully knowledgeable and possesses the skills to perform the Work 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.

3.14. 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 Work being performed pursuant to this Invitation to Bid. Failure to do so may result in an adverse determination by the County.