ITB GS 23 24 111.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

INVITATION TO BID (ITB) No: ITB GS 23 24 111

TITLE: Animal Diagnostic Laboratory Sitework

Improvements (Live Oak)

PROJECT NO.: FDACS 1068

Nicole Loman, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

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. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

BID NUMBER: ITB GS 23 24 111

SECTION 1.0 INTRODUCTORY SECTION

1.1. STATEMENT OF PURPOSE

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for Animal Diagnostic Laboratory Sitework Improvements, located at 912 Nobles Ferry Road, Live Oak, FL 38064, according to the terms and conditions set forth herein.

This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Construction Project Agreement between the Department and Contractor are conducted pursuant and subject to Chapters 255, and 287, Florida Statutes (F.S.), and Rule 60D-5, Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Bidders interested in submitting a bid must comply with all terms and conditions described in this solicitation.

It is the intent of the Department to make a single award, or no award, as determined to be in the best interest of the state.

1.2. TIMELINE

The table below contains the timeline of events for this solicitation. The dates and times within the Timeline are subject to change. Modifications by the Department will be issued by written addenda. It is the responsibility of the Vendor to check for any changes on the VIP. All required actions must be completed by the date and time indicated on the Timeline. All times listed are Eastern Time (ET).

EVENT DATE/TIME LOCATION

Release of ITB June 20, 2024 Vendor Information Portal

Mandatory Site Visit July 9, 2024

10:00 AM

912 Nobles Ferry Road Live Oak, FL 38064

Last day for written Inquiries to be received by the Department

July 11, 2024

5:00 PM

Florida Department of Agriculture and Consumer Services

Email: Bids@FDACS.gov Anticipated Posting of Written Responses to

Bidders Inquiries July 15, 2024 Vendor Information Portal

Sealed Bids Due

July 30, 2024

5:00 PM

Florida Department of Agriculture and Consumer Services

407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Bids

July 31, 2024

10:00 AM

Teleconference Number: (888) 585 – 9008 Conference Room Number: 407 639 217

Anticipated Posting of Recommended Award August 5, 2024 Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal (VIP) as the single resource for all ITB, Public Notice information in accordance with 28-102.001, F.A.C.

https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids

1.3. PUBLIC OPENING

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, then # and follow prompts.

1.4. MANDATORY REQUIREMENTS

The FDACS has established certain requirements with respect to bids to be submitted by Bidders. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with the ITB requirements, provides an advantage to one Bidder over other Bidder, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Bid.

1.5. SPECIAL ACCOMMODATIONS

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact the Procurement Officer at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at (800) 955-8771 (TDD) or visit https://www.ftri.org/relay for assistance.

1.6. CONFLICTS AND ORDER(S) OF PRECEDENCE

All bids are subject to the terms of the following provisions of this ITB, which in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance,

2) ITB, including attachments, and

3) Construction Contract.

1.7. MANDATORY PRE-BID CONFERENCE

A mandatory pre bid conference for any prospective Bidders will be held at 10:00 AM (ET), on July 9, 2024, at 912 Nobles Ferry Road, Live Oak, FL 38064. Bidders must have the Certification of Site Visitation form (ATTACHMENT A) signed at this time. Any bid received from a prospective Bidder who did not attend the mandatory pre-bid conference will not be considered. The purpose of this conference will be to clarify the contents of this bid in order to prevent misunderstanding of the Department’s terms, conditions and specifications for this project. It is STRONGLY recommended that each Bidder, before attending the mandatory pre-bid conference, inspect the site where the project is to be completed to satisfy themselves regarding all general and local conditions that may affect the preparation of their bid and cost of performance. The conference will consist of a session wherein each page of the bid (including technical specifications) will be discussed. General questions related to the specifications and plans for this project will be answered. Any material changes to the bid terms, conditions, plans or specifications must be stated in writing in the form of an addenda issued through the Department’s purchasing office (see section titled “ADDENDA”).

https://www.ftri.org/relay

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1. BACKGROUND

The project site is currently positioned in a flood hazard area and has experienced flooding from previous natural disasters. A storm drain collection storage facility is required to mitigate site flooding and storm water runoff to safeguard the existing site/buildings.

2.2. SCOPE

Contractor (“contractor or awarded contractor”) shall furnish all labor, tools, equipment, materials, administrative oversight, and permits to complete the following scope of work identified in the plans and specification for FDACS Project 1068 – District Office Facility Improvements (Live Oak).

2.2.1. BASE BID: SITE IMPROVEMENTS

Contractor must install storm drain collection system, driveway repairs, piping to move water towards new storm water basin, fence, etc. This project will require survey, land grading, and ability to follow Suwannee County Land Developing regulations and FDOT standards.

Contractor will furnish materials for right-of-way scope of work. The contractor will coordinate with Suwannee County, Department of Public Works, Mike Gamble (850) 590-2256, to perform the right-of-way scope of work, which is located within the Suwannee County Right of Way (ROW).

2.2.2. ALTERNATE BID: GENERATOR REPLACEMENT

Remove existing generator, tank, and wiring of the existing 175 KW diesel-fueled standby generator. Furnish and install a slab, wiring, tank, annunciator, and new diesel 175 KW emergency generator per sheets C-4, C-5, C-17, E001, and E101. Contractor shall refer to and complete all work in accordance with plans and technical specifications for alternate one.

2.3. SPECIFICATIONS

All work shall be in accordance with Florida building code and manufacturer’s instructions.

Contractor shall obtain all necessary permits including any other drawings, design, or engineering which may be needed for those permits, for a complete project. Contractor shall provide all written, fully executed warranties and close-out documentation at project completion.

2.4. PACKAGE FOR BIDDERS INCLUDES:

Base Bid – Construction Plans https://ccmedia.fdacs.gov/content/download/116025/file/Specifications-1068-Final.pdf

Alternate #1 – Construction Plans https://ccmedia.fdacs.gov/content/download/116024/file/Electrical_Generator-FDACS-Animal- Lab-Site-E-100-CDs.pdf

Specifications https://ccmedia.fdacs.gov/content/download/116025/file/Specifications-1068-Final.pdf https://ccmedia.fdacs.gov/content/download/116024/file/Electrical_Generator-FDACS-Animal-Lab-Site-E-100-CDs.pdf https://ccmedia.fdacs.gov/content/download/116024/file/Electrical_Generator-FDACS-Animal-Lab-Site-E-100-CDs.pdf https://ccmedia.fdacs.gov/content/download/116026/file/FinalConstructionPlans_FDACS- AnimalDiagnostic_2024-4-15-S&S.pdf

2.5. LICENSING

Bidder must submit with their bid response proof of possessing, at a minimum, an active Certified General, Building Contractor’s, Certified Utility (Underground Utility), and /or Excavation license pursuant to Chapter 489, Part I, F.S., or any other law, rule, or regulation, applicable to this type of work. Failure to provide the required proof of qualification may result in rejection of bid.

2.6. PERMITS

The Contractor is responsible for obtaining and paying for any and all permitting required, including any other drawings, design or engineering which may be needed for those permits, to fully complete this project. The contractor shall coordinate all utility taps and shall pay all associated fees, impact charges, etc. Upon completion of the work, the contractor shall deliver to the engineer a certificate of inspection and approval from the local inspection authority, if required. All fees shall be included in the Quote price.

2.7. CONTRACT / CONSTRUCTION PERIOD

Whenever the word “day” is used in the contract documents, it shall mean a calendar day, unless otherwise specifically provided. The date of commencement of the work is the date established in a written Notice to Proceed. The Department shall furnish a Notice to Proceed along with the executed contract.

Construction shall be substantially complete within 180 calendar days after issuance of the Notice to Proceed. The contract period shall be a total of 210 calendar days, which shall consist of 180 calendar days to substantial completion of work after issuance of the Notice to Proceed and 30 calendar days beyond substantial completion to complete the project close-out process. The time for completion of the work includes, without limitation, obtaining any required permits not obtained by the Department, and other governmental and quasi-governmental approvals, acquiring bonds and interim and final inspections. TIME IS OF THE ESSENCE WITH

RESPECT TO THE TIME OF COMPLETION OF THE WORK.

2.8. CONTRACT / PROJECT MANAGER

The Contractor will coordinate and schedule all work with the Department’s Project Manager, Drew Harrell, 850-245-1018.

2.9. CONTRACTOR WARRANTY AND GUARANTEE

The Contractor shall furnish to the Department a one (1) year written warranty and guarantee per specifications, which includes all parts and labor. The guarantee shall be provided within ten (10) days from substantial completion of the project. The one (1) year period will start upon substantial completion of the project as determined by the Department.

2.10. PRODUCTS FOR APPLICATION AND INSTALLATION

The Contractor shall not change the approved products at any time during the performance of the awarded contract, without prior written approval from the Department’s contract manager and architect/engineer firm. Liquidated damages in the “per day” amount set forth in Section 5 hereof https://ccmedia.fdacs.gov/content/download/116026/file/FinalConstructionPlans_FDACS-AnimalDiagnostic_2024-4-15-S&S.pdf https://ccmedia.fdacs.gov/content/download/116026/file/FinalConstructionPlans_FDACS-AnimalDiagnostic_2024-4-15-S&S.pdf shall begin upon the Department’s notice of use of improper products and continue until the Contractor remediates and substitutes the improper product with an authorized product, all at the expense of the contractor. If an unapproved substitution is submitted with a bid, the subject Bidder will be rendered nonresponsive and subsequently disqualified. The Department and Architect/Engineer reserve the right to reject any and all substitution requests.

SECTION 3.0 BIDDER QUALIFICATIONS

3.1. PERFORMANCE QUALIFICATIONS

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

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

3.2. CONTRACTOR EXPERIENCE QUESTIONNAIRE AND FINANCIAL INFORMATION

Contractors must submit a completed CONTRACTOR EXPERIENCE QUESTIONNAIRE AND FINANCIAL INFORMATION (ATTACHMENT B) with their bid response. Failure to complete and submit Attachment B may result in disqualification of the Contractor’s bid.

3.3. CLARIFICATIONS / REVISIONS

Before award, the Department reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all Bidders deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response.

3.4. DISCRIMINATION

An entity or affiliate, who has been placed on the discriminatory vendor list, may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity and may not transact any business with any public entity.

3.5. CONFLICT OF INTEREST

This solicitation is subject to Chapter 112, F.S. Contractors shall disclose with their response the name of any officer, director, employee, or other agent who is also an employee of the State.

Contractors shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or its affiliates.

SECTION 4.0 INVITATION TO BID PROCESS

4.1. ADVERTISEMENT

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the FDACS Procurement Officer.

4.2. BIDDER INQUIRIES

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the FDACS Notice of Agency Decision is posted on the VIP.

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/search/bids.

The Procurement Officer for this ITB is:

Nicole Loman, Procurement Officer Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intent to award (72-hour period excludes Saturdays, Sundays and state holidays), Bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), F.S.

4.3. ADDENDA

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the bidding period, information will be posted on the VIP (https://vendor.myfloridamarketplace.com/search/bids) as a written addendum. Any addenda issued in relation to this solicitation shall thereby become part of the final bid specifications and requirements.

https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

4.4. MYFLORIDAMARKETPLACE (MFMP) REGISTRATION

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.033(3) F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal.

Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 72141102 – Land Grading Service

• 70171802 – Storm Water Drainage

• 72141505 – Earthmoving Service

• 72141212 – Pond Construction Service

• 72141205 – Drainage System Construction Service

4.5. VENDOR SUBSTITUTE W-9

The Florida Department of Financial Services (DFS) requires all Bidders that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist Bidders with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Contractor must have a valid W-9 on file with the DFS prior to issuance of a purchase order or contract. This may be completed by the Bidder post-award and is not something which FDACS will consider in determining the responsiveness of a bid.

4.6. COST OF BID PREPARATION

Neither the Department, nor the state of Florida, is liable for any costs incurred by a Bidder in response to this ITB.

4.7. INSTRUCTIONS FOR BID SUBMITTAL

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays and promotional material are discouraged. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that Bidders follow the format and instructions.

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered to:

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

2) Electronic (email/fax) submission of bids will NOT be accepted for the ITB.

3) All bids must be submitted in a sealed envelope/package with the relevant ITB number clearly marked on the outside of the envelope/package.

4) It is the vendor’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline.

5) Late bids will not be accepted.

Bids may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, Bidders are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE BY the designated date and time listed.

Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

4.8. BIDDER ACKNOWLEDGEMENT

By submission of a signature on the FDACS Acknowledgment Form, the Bidder certifies that they comply with all terms and conditions contained herein. The Bid must contain the original signature of an authorized representative who can legally bind the Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must include ACKNOWLEDGEMENT FORM – ATTACHMENT C with their Bid response.

4.9. BID PRICE SHEET

The Bidder shall complete, sign, date and return the Bid Price Sheet.

Bidder shall provide total price as specified for the entire scope of work as specified for the Primary Technical Specifications and Additive Alternate Specifications (BID PRICE SHEET- ATTACHMENT D), including all costs of materials, equipment, all necessary labor, transportation and any other costs associated with this project on the Bid Price Sheet(s). The Department will not accept any costs for travel or other costs not included in the bid price.

4.10. REFERENCES/PAST PERFORMANCE (ATTACHMENT E)

The Department reserves the right to contact each customer reference to verify the information provided and validate the performance/ workmanship of the Bidder.

Contractor shall provide a contact list of contractors’ three (3) most recent completed projects similar in project size and scope as the work, completed within the last five (5) years. All references must be verified. It is the responsibility of the contractor to ensure that all submitted references are verified. The Department will attempt to verify references once via telephone or email. If the reference does not return the Department’s phone call or email within seventy-two

(72) hours (exclusive of weekends and state holidays) of the time of the Department’s phone call or email, the reference will be deemed unverified. Bids with one or more unverified references may be disqualified. References that indicate any unsatisfactory contractor work performance or workmanship may result in disqualification of the bid. References must be current or former clients of the responding firm. The Department will not accept subcontractor/proposed personnel or personal references of a member of the responding firm as a substitute for Bidders’ references (REFERENCES/PAST PERFORMANCE form). Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the Bidder’s ability to perform services similar to those described in this bid in a satisfactory manner. Unsatisfactory past performance with the Department will result in rejection of that bid.

4.11. LISTING OF SUBCONTRACTORS (ATTACHMENT F)

In order that the Department may be assured that only qualified and competent subcontractors will be employed on the project, the contractor shall submit to the Department a list of subcontractors who will perform work. The contractor shall have determined, to his own complete satisfaction, that a listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time, has successfully completed installations or renovations comparable to that which is required by these specifications and is qualified both technically and financially to perform the phase of this work for which he is listed.

Proof of any licenses or certifications required of subcontractors should be submitted with the list of subcontractors by the contractor. Any subcontractor(s) not listed and approved in the award of this bid will not be allowed to proceed with any work related to this project. Any subcontractor(s) proposed after the start of this project must be submitted in writing to the Department for approval. Work by the proposed subcontractor must not commence until the Department has given approval. The “List of Subcontractors” form must be completed and included in each bid package, if applicable.

4.12. BID BOND GUARANTEE

If the price (base bid including any alternatives) is $100,000 or greater, the bid response shall be accompanied by a bid bond guarantee payable to the Department in the amount of five percent (5%) of the price. The form of the bid bond guarantee can be written by a surety company authorized to do business in the state of Florida and signed by a Florida licensed agent. Bid bond guarantees of unsuccessful contractors shall be returned following completion of the award posting period. The successful contractor's bid bond guarantee shall be returned when the required performance bond is provided to the Department. If the successful contractor fails to provide the required performance bond as specified, the bid bond guarantee shall be forfeited to the Department.

4.13. BOND REQUIREMENTS

If the contract amount resulting from this Invitation to Bid (ITB) is greater than $100,000, the contractor shall furnish the Department with a performance bond in the amount of one hundred percent (100%) of the quoted price. The contractor shall submit this bond to the Department in the form shown at the bottom of this section and contractor will ensure no deviations from this form are made. The bond must be written by a surety company authorized to do business in the state of Florida and signed by a Florida licensed agent. The bond shall be furnished to the Department prior to final execution of the construction contract. The construction contract shall not be finalized by the Department until the performance bond is in place and approved by the Department’s contract manager and purchasing office in writing.

The cost of the performance bond shall be borne by the contractor. The bond shall be accompanied by a duly authenticated or certified document, in duplicate, evidencing that the person executing the bond on behalf of the surety company is a licensed Florida agent for the bonding company. In the usual case, the conferring of that authority has occurred prior to the date of the bond and the document showing the date of appointment and enumeration of powers of the person executing the bond is accompanied by a certification that the appointment and powers have not been revoked and remain in effect. The date of that certification shall be dated the same as the bond. In the event that the contract amount is increased as a result of a written change order executed by the Department, then the contractor agrees to increase the amount of the performance bond at contractor’s sole expense by the amount of such increase reflected in the change order. Failure to comply with all provisions of this agreement can result in a forfeiture of this performance bond. Failure to furnish the required performance bond, or to execute the construction contract associated with this ITB in a timely manner, shall result in the forfeiture of the bid bond guarantee to the Department.

PUBLIC CONSTRUCTION BOND

Bond No. (enter bond number)

BY THIS BOND, We ______________, as Principal and _________________, a corporation, as Surety, are bound to the Florida Department of Agriculture and Consumer Services, herein called Owner, in the sum of $________________, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the contract dated ___________, _______, between Principal and Owner for construction of ___________________________, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and

3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and

4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force.

Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes.

Any changes in the contract documents and compliance or noncompliance with any formalities under the contract connected with the changes does not affect Surety’s obligation under this bond.

DATED ON ________, _____ .

(Name of Principal)

By (As Attorney in Fact) (Name of Surety) http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0255/Sections/0255.05.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0255/Sections/0255.05.html

4.14. PUBLIC RECORDS

Any and all documents submitted in response to this ITB shall be considered public record pursuant to Chapter 119, F.S.

4.15. DISCLOSURE OF BID SUBMITTAL CONTENTS

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the Bidder or its agents or returned. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any bid. Selection or rejection of a bid shall not affect this right.

4.16. BID OPENING

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Bid responses received late (after bid due date and time) will not be accepted, nor considered, and modification by the Bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed, or identified.

4.17. BID EVALUATION

Bids that do not meet all requirements, specifications, terms and conditions of this solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive.

The Department may request, and Bidder shall provide, clarifying information or documentation.

Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

4.18. BASIS OF AWARD

THE BASIS OF AWARD SHALL BE THE RESPONSIVE AND RESPONSIBLE CONTRACTOR

WHO BIDS THE LOWEST TOTAL PRICE FOR THE PRIMARY TECHNICAL

SPECIFICATIONS FOR THE BASE BID; OR THE BASE BID PLUS THE ADDITIVE

ALTERNATE CHOSEN BY THE DEPARTMENT TO BE INCLUDED IN OR EXCLUDED FROM

THE PROPOSED CONTRACT, AS SPECIFIED ON ATTACHMENT D- BID PRICE SHEET.

An award from this Bid does not constitute an official purchase order or contract, agreement, or commitment on behalf of the state. In event the Bidder with the lowest Base Bid is found non-responsive or the awarded purchase order/contract is terminated prior to completion, the Department may proceed to the next responsive Bidder with the lowest Total Price and continue the award process.

As the best interest of the state may require, the Department reserves the right to reject any and all bids or waive any minor irregularity or technicality in bids received. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive.

Any further clarification, if necessary, will be by written addendum. All other provisions of the award’s paragraph, General Conditions, shall prevail. The Department reserves the right to award, or not award, contract(s) based on the availability of funds.

4.19. BID RULES FOR WITHDRAWAL

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the Bidder and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 days from the bid submission date.

4.20. VERBAL INSTRUCTION PROCEDURE/DISCUSSIONS

The Bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any state employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the state. Additionally, only written communications from a Bidder are recognized as duly authorized expressions on behalf of the Bidder. Any discussion by a Bidder with any employee, or representative of the Department, involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said Bidder’s response.

4.21. NO PRIOR INVOLVEMENT AND CONFLICT OF INTEREST

Section 287.057(19)(c), F.S., provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a Bidder who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The Bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the Bidder. Officers, agents or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The Bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

4.22. SCRUTINIZED COMPANIES AND PROHIBITED BUSINESS ACTIVITIES

Pursuant to Section 287.135, F.S., a company is ineligible to, 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 any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, F.S., requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies; with Activities in the Iran Terrorism Sectors List, created pursuant to Section 215.473, F.S., or 3) engaging in business operations in Cuba or Syria.

In order for your bid to be considered responsive (ATTACHMENT F), Certification Regarding Scrutinized Companies Form, must be completed and included in your bid package. The list may be found at https://www.sbafla.com/reporting/. The Department may immediately terminate any contract, as a result of this bid, for cause if the contractor is found to have submitted a false certification.

4.23. CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS FOR EXPENDITURE OF FEDERAL FUNDS TIE BIDS

Any person submitting a response to this bid MUST execute the enclosed form FDACS-01522, (ATTACHMENT H), Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her bid or proposal. The Certification for Lobbying is required\ for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

4.24. IDENTICAL TIE BIDS

When evaluating Bidder responses to solicitations where there is identical pricing or scoring from two or more Bidders, the Department shall determine the order of award in accordance with Sections 287.057 (12), 287.087 and 295.187(4), F.S.

1) CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), F.S., if two equal bids are received and one bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their bid response to receive this preference.

2) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, F.S., whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, Bidders may provide Certification of Drug-Free Workplace Program Form (ATTACHMENT I) that it has implemented a drug-free workplace program. Bidders must provide this certification in their bid response to receive this preference.

3) FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

Pursuant to Section 295.187(4), F.S., a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified veteran business enterprise. Proof of certification https://www.sbafla.com/reporting/ pursuant to Section 295.187(5), F.S., shall accompany the bid. Failure to submit proof of certification will result in non-application of the preference.

4.25. DISQUALIFICATION OF BIDDERS

More than one bid from an individual, firm, partnership, corporation, or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one bid for the same work will cause the rejection of all bids in which such Bidders are believed to be interested.

If there is reason to believe that collusion exists among the Bidders, any or all bids will be rejected. No participants in such collusion will be considered in future bids for the same work.

Falsifications of any entry made on the Bidder’s offer will be deemed a material irregularity and will be grounds for rejection.

4.26. REJECTION OF BIDS

The Department reserves the right to reject any and all bids when such rejection is in the interest of the state of Florida and to reject the bid of a Bidder who the Department determines is not in a position to perform the contract.

4.27. PROTEST PROCEDURES

Any person, who is adversely affected by the agency's decision or intended decision, shall file with the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended decision. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provision governing the methods for ranking bids, proposals or replies, awarding contracts, reserving rights or further negotiation or modifying or amending any contract, the Notice of Protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with particularity the facts and law upon which the protest is filed. Failure to file a protest within the time prescribed in Section 120.57(3), F.S., 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, F.S.

SECTION 5.0 SPECIAL CONDITIONS

5.1. CONTRACT TERMS AND CONDITIONS

The construction, interpretation and performance of this contract, and all transactions under it, shall be governed by the laws of the state of Florida. The contract documents shall include all terms and conditions of the bid specifications, any addenda, and the Construction Project Agreement between Owner and Contractor- APPENDIX I, which will be executed by the Department and the awarded Bidder.

5.2. LIQUIDATED DAMAGES

In the event the work is not completed on the completion date, and inasmuch as failure to complete the project within the time fixed in the bid will result in substantial injury to the Department, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that, if the project is not completed within the fixed time, the contractor shall pay to the Department, as liquidated damages for such delay and not as a penalty, two hundred and fifty dollars ($250) for each calendar day elapsing between the date fixed for completion and the actual date of completion. The contractor shall also be liable for liquidated damages as described in the Products Submitted for Application and Installation herein.

5.3. CODES AND INSPECTIONS

The contractor is required to comply with all federal, state and local laws; ordinances; rules;

regulations and codes that in any manner affect the work. Ignorance on the part of the contractor will in no way relieve him from this responsibility. All inspections required to ensure compliance with required codes are the responsibility of the contractor and must be accepted by the contract manager.

5.4. PROHIBITION OF ASBESTOS

No material containing asbestos shall be used. Certification from the contractor that no such material was used in the project will be required before acceptance of the project by the Department. Contractor shall also forward a copy of this certification to:

Bureau of General Services 407 S. Calhoun Street Tallahassee, Florida 32399

5.5. TAXES

Although FDACS is not subject to the Florida sales and use tax, any contractor who purchases materials and services, which will be used in the construction of state-owned/operated buildings, will not be exempt from the tax on these materials and services as evidenced by Florida Statutes.

5.6. TIME DELAYS

If the contractor is delayed at any time in the progress of the work by changes ordered in the work, by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes; the Contractor may submit a written request for additional time to complete the work, with supporting documentation. If FDACS determines that the circumstances warrant an extension of time for completion of the contract, the time will be granted for completion by a change order (Attached Construction Project Agreement between Owner and Contractor- APPENDIX I form CHANGE ORDER REQUEST) for such reasonable time as FDACS may determine. Oral requests for extensions will not be considered.

5.7. CHANGES TO CONTRACT

The contractor's performance of work necessary to complete the project is specified herein.

Should conditions alter the nature and extent of the work specified in the bidding and contract documents cause greater or less cost and/ or time to perform the work specified, an adjustment shall be made by means of a written change order to the contract cost and/or time. It is in the best interest of the state that the contractor performs changes in the work and that bidding is not required if:

1) Contractor's performance and capability remain satisfactory at time of proposed change order.

2) The change is within the general scope of the contract, and the contract contains a method of calculating overhead and profit caused by change orders.

3) The change will reduce either the scope or size of the project or the contract amount.

4) The change is an integral part of the project and is necessary to correct an unanticipated condition, which is necessary to permit the construction to continue and the contractor will agree to a reasonable negotiated increase in the contract price. The Department will make a determination of the best interest of the state based on these criteria for each proposed change in work.

5.8. CONTRACT RENEWAL

This contract may be renewed by mutual agreement on a yearly basis for a period of up to three

(3) years after the initial contract or for a period no longer than the original contract, whichever period is longer, at the same prices, terms, and conditions. Any renewal shall specify the renewal price, as set forth in the solicitation response except that an agency may negotiate lower pricing.

Renewal is contingent upon satisfactory performance evaluations and subject to the availability of funds.

5.9. WORK SCHEDULE

After the construction contract is awarded, the contractor shall submit a proposed work schedule to the contract manager at the time of the pre-construction meeting. The schedule shall be in the form of a work schedule or a detailed report showing the following information:

5.9.1. For each area of work

1) work dates

2) work shift time

3) number of employees on site

4) dates of start and completion per area of work

5.9.2. Any items of work that will delay the start or completion of the entire project.

5.9.3. Project completion and final inspection. The schedule shall be dated and signed by the contractor.

5.9.4. Supervision

After the construction contract is awarded, the contractor shall personally superintend all work at the site and provide full-time supervision for all employees, subcontractors, and other agents on the project. The contractor shall assign and name a full-time supervisory employee to (i) provide scheduling direction to the entire project; (ii) maintain on-site records; (iii) be responsible for the layout and dimensional control of the structures of the project; and (iv) ensure compliance with all contract documents, including with respect to drawings, specifications, quality control, health, safety, and environment. At no time will any work be permitted by contractor at the site without the supervisory employee monitoring the work in progress. All supervisory employees (including field superintendents, foreman, and schedulers at all levels) must be familiar with the materials and systems specified in the contract documents and must have been employed in a supervisory (leadership) capacity of a substantially equivalent level on a similar project for at least two years within the last five years. After the construction contract is awarded, the contractor shall include a resume of experience for each of those proposed supervisory employees.

5.9.5. Schedule of Values

After the construction contract is awarded, the contractor shall submit a schedule of values to the project manager at the time of the pre-construction meeting. The schedule shall breakdown all the main areas of construction and total the contract price.

5.10. WORKMANSHIP

All work is to be accomplished by skilled craftsmen complimenting the trade involved. All material used is to be installed in strict accordance with the manufacturer’s specifications. Improper installation or poor workmanship will not be accepted.

5.11. CLEAN-UP

Upon completion of the work, the contractor shall remove all trash and debris from the site and shall leave the premises clean and in a finished condition acceptable to the…