Supervisor_of_Elections_Building_Roof_and_HVAC_Replacement_(Addendum_#3_Revision).pdf

INVITATION TO BID

FOR

SUPERVISOR OF ELECTIONS BUILDING ROOF AND HVAC

REPLACEMENT

BID NUMBER BC-06-28-21-30

BOARD OF COUNTY COMMISSIONERS

LEON COUNTY, FLORIDA

RELEASE DATE: June 4, 2021

Bid Title: SUPERVISOR OF ELECTIONS BUILDING ROOF AND HVAC REPLACEMENT Bid Number BC-06-28-21-30 Opening Date: June 28, 2021, 2:00 pm

Supervisor of Elections Building Roof and HVAC Replacement

I. Introduction II. Bidding Process

III. Contractor Qualifications IV. Award and Contracting Process V. Minority, Women, Small Business (MWSBE) Enterprise

VI. Required Certifications VII. Insurance Requirements

VIII. Terms and Conditions IX. Vendor Questionnaire X. Bid Table

Attachments:

A - Specifications B - Contract Documents C - MWBE Forms D - Bid Response Cover Sheet E - Forms for Solicitation F - Draft Agreement

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I. INTRODUCTION

A. Summary

Leon County is seeking the services of a qualified contractor to provide roofing repairs to the Leon County Supervisor of Elections Building in accordance with Attachment A – Specifications and Attachment B – Construction Documents.

The work includes but is not limited to:

The work includes replacing approximately 60,000 square feet of low slope roof system, structural repairs and replacement of up to ten (10) rooftop mounted HVAC equipment units.

B. Contact Information

Will Grissom Procurement Administrator 1800-3 N. Blaire Stone Road Tallahassee, FL 32308 Email: grissomw@leoncountyfl.gov Phone: (850) 606-1600 Department:

Procurement

Department Head:

Shelly Kelley Director of Purchasing

C. Timeline

Below is the current schedule of the events that will take place as part of this solicitation. The County reserves the right to make changes or alterations to the schedule as the County determines is in the best interests of the public. If any changes to the Schedule of Events are made, the County will post the changes on the County website either as a public meeting notice, or as an addendum, as applicable. It is the responsibility of Registered Planholders and other interested persons and parties to review the Purchasing Division’s website to stay informed of the Schedule of Events, addenda issued, and public meetings scheduled. The website address is: https://secure.procurenow.com/portal/leoncounty/.

Release Project Date June 4, 2021

Pre-Bid Meeting (Mandatory) June 15, 2021, 9:00am Leon County Supervisor of Elections 2990-1 Apalachee Parkway Tallahassee FL 32301

Question Submission Deadline June 17, 2021, 5:00pm

Proposal Submission Deadline June 28, 2021, 2:00pm mailto:grissomw@leoncountyfl.gov tel:(850)606-1600 https://secure.procurenow.com/portal/leoncounty/

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II. BIDDING PROCESS

A. BIDDER INSTRUCTIONS

Bidders are expected to examine the specifications, delivery schedule, freight requirements, bid prices and extensions and all general and special conditions of the bid prior to submission. In case of error in price extension, the unit price will govern. The County's preferred method of submission is to respond electronically via ProcureNow, however, bids may be submitted in person, by mail or other carrier.

B. SPECIAL ACCOMMODATION

Any person requiring a special accommodation at a Pre-Bid Conference or Bid opening because of a disability should call the Division of Purchasing at (850) 606-1600 at least five (5) workdays prior to the Pre Bid Conference or Bid opening. If you are hearing or speech impaired, please contact the Purchasing Division by calling the Leon County Administrator's Office using the Florida Relay Service which can be reached at 1(800) 955 8771 (TDD).

C. PROHIBITED COMMUNICATIONS

Any Form of communication, except for written correspondence with the Purchasing Division requesting clarification or asking questions, shall be prohibited regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between:

A. Any person or person’s representative seeking an award from such competitive solicitation; and

B. Any County Commissioner or Commissioner’s staff, or any county employee authorized to act on behalf of the Commission to award a particular contract.

For the purpose of this section, a person’s representative shall include, but not be limited to, the person’s employee, partner, officer, director, consultant, lobbyist, lawyer, relative, or any actual or potential subcontractor or consultant of the person.

The prohibited communication shall be in effect as of the release of the competitive solicitation and terminate at the time the Board, or a County department authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process.

The provisions of this section shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meetings, presentations made to the Board, and protest hearings. Further, the provisions of this section shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, communications with the County Attorney or communications with the Purchasing Director.

Violation of this section may result in disqualification from this solicitation and shall be grounds for suspension from doing business with the County.

D. REGISTRATION

Bidders which obtain solicitation documents from sources other than the County Purchasing Division MUST officially register with the County Purchasing Division in order to be placed on the planholders list for the solicitation. In order to register, you must create an account on the County's eProcurement Portal (https://secure.procurenow.com/portal/leoncounty/), browse to the bid, and then click the "Follow" button.

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Failure to register through the Purchasing Division (https://secure.procurenow.com/portal/leoncounty/) may cause your submittal to be rejected as non-responsive.

E. ADDENDA TO SPECIFICATIONS

If any addenda are issued after the initial specifications are released, the County will post the addenda on the Leon County website at https://secure.procurenow.com/portal/leoncounty/. For those projects with separate plans, blueprints, or other materials that cannot be accessed through the internet, the Purchasing Division will make them available for pick up at the Purchasing Division. It is the responsibility of the Bidder prior to submission of any bid to check the above website or contact the Leon County Purchasing Division at (850) 606-1600 to verify any addenda issued. The receipt of all addenda must be acknowledged on the bid response sheet.

F. QUESTIONS AND CLARIFICATIONS

Questions may be submitted directly through the County's e-Procurement Portal located at https://secure.procurenow.com/portal/leoncounty/. Alternatively, if using email, questions pertaining to bid procedures or regarding the specifications should be addressed to both Shelly Kelley and Will Grissom, telephone (850) 606-1600; E-mail:

kelleys@leoncountyfl.gov and grissomw@leoncountyfl.gov.

If using email, bidders are requested to send such requests to both representatives of the Purchasing Division. Electronic inquiries are preferred over phone.

Each Bidder shall examine the solicitation documents carefully; and, no later than the last day for questions listed in schedule of events, he shall make a written request to the County for interpretations or corrections of any ambiguity, inconsistency or error which he may discover. All interpretations or corrections will be issued as addenda. The County will not be responsible for oral clarifications. No negotiations, decisions or actions shall be initiated or executed by the proposer as a result of any discussions with any County employee prior to the opening of proposals. Only those communications which are in writing from the County may be considered as a duly authorized expression on the behalf of the Board. Also, only communications from firms which are in writing and signed will be recognized by the Board as duly authorized expressions on behalf of proposers.

G. PREPARATION AND SUBMISSION OF BID

Each Bidder shall submit Bid Prices and other requested information, including alternates or substitutions if allowed by this invitation to bid, on the proper forms and in the manner herein prescribed. The County's preferred method of submission is electronically via ProcureNow, however, bids may be submitted in person, by mail or other carrier. Bids not submitted electronically via ProcureNow must be submitted in a sealed envelope or other appropriate container. Facsimiles will not be accepted. Any erasures or other corrections in the Bid must be explained or noted over the signature of the Bidder. Bids containing any conditions or irregularities of any kind may be rejected by the County. It is the intention of the County to award this bid based on the lowest total bid price based on the options selected by the County and/or other criteria herein contained meeting all specifications.

H. WITHDRAWAL OF BIDS

Bids may be withdrawn by written or telegraphic request received from Bidders prior to the time fixed for opening.

Negligence on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the bid after it has been opened.

https://secure.procurenow.com/portal/leoncounty/

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I. RECEIPT AND OPENING OF BIDS

Bids will be opened publicly at the time and place stated in the Invitation to Bid. The person whose duty it is to open them will decide when the specified time has arrived and no bids received thereafter will be considered. No responsibility shall be attached to any person for the premature opening of a Bid not properly addressed and identified. At the time fixed for the opening of bids, the bid tabulation will be made public and will be posted on the Purchasing Division website at:

https://secure.procurenow.com/portal/leoncounty/.

A Bidder may request, in their bid submittal, a copy of the tabulation sheet to be mailed in a Bidder provided, stamped self-addressed envelope for their record.

Sealed bids or replies received by the County pursuant to a competitive solicitation are exempt from public records requirements until such time as the County posts an intended decision or until 30 days after opening of the documents, whichever is earlier.

J. BID GUARANTEE

Bids shall be accompanied by a 5% bid guarantee which shall be a Bid Bond, Certified or Cashier's Check or Bank Draft (no cash, company, or personal checks will be accepted), made payable to the Board of County Commissioners, Leon County, Florida. Such check, bank draft, or bond shall be submitted with the understanding that the bonds will be held until award of bid.

The County reserves the right to hold the Bid Guarantee until after a contract has been entered into or a purchase order has been executed. The accepted Bidders bid bond will be held until execution of the agreement and may be forfeited due to non- performance.

The check or bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid for a period of 90 days after the scheduled closing time for the receipt of bids. It shall also guarantee that the successful bidder will enter into a contract within ten (10) days after he has received notice of acceptance of his bid. In the event of withdrawal of bid, or failure to enter into and fully execute the contract within ten (10) days the contractor may be deemed in to be in default. In such an event, the contractor shall be liable to the County for the full amount of the default.

K. PLANHOLDERS

As a convenience to bidders, the County has made available via the internet lists of all registered planholders for each bid or request for proposals. The information is available on-line at: https://secure.procurenow.com/portal/leoncounty/ by clicking the "Followers" tab on the the advertisement of the respective solicitation. A listing of the registered bidders with their email address is designed to assist bidders in preparation of their responses.

L. REJECTION OF BIDS

The County reserves the right to reject any and/or all bids when such rejection is in the best interest of the County.

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III. CONTRACTOR QUALIFICATIONS

The primary contractor shall be licensed by the State of Florida as a Licensed General Contractor or Licensed Building Contractor pursuant to FS 489.105(3)(a) and (b). The Licensed General Contractor or Licensed Building Contractor shall possess an active and current licensing placard issued by the Florida Department of Business and Professional Regulation (DBPR). Copies of primary contractor’s licensing placard(s) shall be submitted to Leon County concurrent with bid. The primary and any subcontractors utilized on this project shall be Florida licensed in their trade.

Failure to provide proof of State of Florida Licensed General Contractor or Licensed Building Contractor license may result in the bid being determined as non-responsive.

Contractors shall be licensed in the State of Florida as required by Chapter 489, Florida Statutes. Specific license type for this project shall be as indicated in F.S. sections 489.105(3)(a)-(q) as applicable to the scope of work of the project.

Proposed sub-contractors and/or if self-performing, the employee that is performing the work, must hold a license for any specialty work, based on the work required to complete this project.

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IV. AWARD AND CONTRACTING PROCESS

A. AWARD OF BIDS

The bid will be awarded to the lowest responsive, responsible bidder. The County reserves the right to waive any informality in bids and to award a bid in whole or in part when either or both conditions are in the best interest of Leon County.

Notice of the Intended Decision will be posted on the County website at:

https://secure.procurenow.com/portal/leoncounty/ for a period of seventy-two (72) consecutive hours, which does not include weekends or County observed holidays. Failure to file a protest within the time prescribed in Leon County Policy No.

96-1, Purchasing and Minority, Women and Small Business Enterprise Policy, 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. Notice of intent of bid protest shall be made in writing to the Purchasing Director, 1800-3 N. Blair Stone Road, Tallahassee, Florida 32308. The bidder shall be responsible for inquiring as to any and all award recommendation/postings.

Should concerns or discrepancies arise during the bid process, bidders are encouraged to contact the Purchasing Division prior to the scheduled bid opening. Such matters will be addressed and/or remedied prior to a bid opening or award whenever practically possible. Bidders are not to contact departments or divisions regarding the bidder complaint.

Any bid award recommendation may be protested on the grounds of irregularities in the specifications, bid procedure, or the evaluation of the bid. Such notice of intent of bid protest shall be made in writing to the Purchasing Director within 72 hours after receipt of the intended recommendation of award and the protestor shall file a formal written bid challenge within 10 days after the date in which the notice of intent of bid protest has been submitted. Failure to file a notice of intent of bid protest or failure to file a formal written bid protest shall constitute a waiver of all rights granted under this section. At the time fixed for the opening of bids, the contents of the Bid Form will be made public for the information of Bidders and other interested parties, who may be present either in person or by representatives.

B. Agreement

After the bid award, the County, at its discretion, will prepare a purchase order or an agreement that specifies the terms and conditions resulting from the award of this bid. Every procurement for contractual services shall be evidenced by a written agreement. The awarded Bidder will have ten calendar days after receipt to acknowledge the purchase order or execute the agreement.

The performance of Leon County of any of its obligations under the purchase order or agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the purchase order or agreement for the current and any future periods provided for within the bid specifications.

C. Payments

Payments to the Contractor shall be made according to the requirements of the Local Government Prompt Pay Act, sections

218.70 - 218.79, Florida Statutes.

D. Termination

The County may terminate the agreement without cause, by giving the Contractor thirty (30) days written notice of termination. Either party may terminate the agreement for cause by giving the other party hereto thirty (30) days written notice of termination. The County shall not be required to give Contractor such thirty (30) day written notice if, in the opinion of the County, the Contractor is unable to perform its obligations hereunder, or if in the County’s opinion, the

P a g e | 9 services being provided are not satisfactory. In such case, the County may immediately terminate the agreement by mailing a notice of termination to the Contractor.

The agreement may be terminated by the County if the Contractor is found to have submitted a false certification as required under section 215.471 (5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria.

E. Payment and Performance Bond

A Payment and Performance Bond in the amount of 100% of the estimated project cost shall be supplied by the Contractor at the time of Agreement execution. Also, a Payment and Material Bond for the Agreement amount shall be supplied by the Contractor at the same time.

Payment and Performance and Material Bonds shall provide that, in the event of non-performance on the part of the Contractor the bond can be presented for honor and acceptance at an authorized representative or institution located in Tallahassee, Florida. The Payment and Performance Bond shall be in the following form:

PUBLIC CONSTRUCTION BOND Bond No.(enter bond number)

BY THIS BOND, We _________________, as Principal and a corporation, as Surety, are bound to [ ], 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 party of this bond by reference, at the time 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 or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond.

DATED on this the ________________________day of_______________, 20__.

(Name of Principal)

By: (As Attorney-In-Fact)

(Name of Surety)

Payment bonds executed as a result of the requirements herein by a surety shall make reference to Section 255.05, Florida Statutes, by number and shall contain reference to the notice and time limitation provisions in Section 255.05, Florida Statutes.

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V. MINORITY, WOMEN, SMALL BUSINESS (MWSBE) ENTERPRISE

A. MWSBE Overview

The Minority Women Small Business Enterprise (MWSBE) Policy of the City of Tallahassee, Leon County Government, and Blueprint Intergovernmental Agency applies to this solicitation. This solicitation has a project specific goal for the participation of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) firms certified by the Office of Economic Vitality (OEV) MWSBE Division.

• Certified MBE/WBE Participation Project Specific Goal: 10% Aggregate

All respondents, including MBE firms, and WBE firms will meet the project specific goal(s) or demonstrate in their response that a good faith effort was made to meet the project specific goal(s). When an MBE or WBE firm is the prime contractor or consultant, the goal is fulfilled for their certification designation and the other portion of the goal, if present, must be fulfilled. For example, if a certified MBE firm responds to a solicitation as a prime contractor, the goal for MBE participation is fulfilled. The MBE prime contractor remains responsible for meeting the goal for WBE participation.

Certified MBE and WBE firms may participate by providing goods or services in support of the project as subcontractors or subconsultants identified on the Respondent and Team Summary Form.

B. MWSBE Responsive Responses

The MWSBE Division will deem responses responsive to the MWBE Section of the solicitation if they include a completed MWBE Participation Plan that is eligible for points and/or Good Faith Effort documentation.

Please complete an MWBE Participation Plan Form, include the MBE and WBE firms on your Respondent and Team Summary Form, and, if you are unable to meet the project specific goal, complete a Good Faith Effort Form. To be eligible for evaluation, all MWBE Section Forms must be located in your response .

If you are unable to meet the project specific goal for MBE and WBE participation, you must submit a Good Faith Effort Form documenting your efforts to identify MBE and WBE firms to participate in order for your response to remain responsive to this solicitation.

C. MWSBE Contact Information

Each Respondent is strongly encouraged to secure MBE and WBE firm participation. Respondents needing assistance or guidance with these requirements should contact LaTanya Raffington of the MWSBE Division at Lraffington@oevforbusiness.org OR Shanea Wilks of the MWSBE Division at Swilks@oevforbusiness.org. A directory of certified MBE and WBE firms is available on the OEV website: https://oevforbusiness.mwsbe.com.

https://secure.procurenow.com/portal/leoncounty/projects/10074?section=63250 https://secure.procurenow.com/portal/leoncounty/projects/10074?section=63250 https://oevforbusiness.mwsbe.com/

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VI. REQUIRED CERTIFICATIONS

A. Licenses and Registrations

The contractor shall be responsible for obtaining and maintaining throughout the contract period any licenses required pursuant to the laws of Leon County, the City of Tallahassee, or the State of Florida.

If the bidder is operating under a fictitious name as defined in Section 865.09, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulation or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida or such other state as applicable.

Failure to provide the above required documentation may result in the bid being determined as non-responsive.

B. Local Preference in Purchasing and Contracting

A. Preference in bidding. In purchasing of, or letting of contracts for procurement of, personal property, materials, contractual services, and construction of improvements to real property or existing structures in which pricing is the major consideration, the authorized purchasing authority of Leon County may give a preference to local businesses in making such purchase or awarding such contract, as follows:

1. Individuals or firms which have a home office located within Leon, Gadsden, Wakulla, or Jefferson County, and which meet all of the criteria for a local business as set forth in this article, shall be given a preference in the amount of five percent of the bid price.

2. Individuals or firms which do not have a home office located within Leon, Gadsden, Wakulla, or Jefferson County, and which meet all of the criteria for a local business as set forth in this article, shall be given a preference in the amount of three percent of the bid price.

3. The maximum cost differential shall not exceed $20,000.00. Total bid price shall include the base bid and all alternatives or options to the base bids which are part of the bid and being recommended for award by the appropriate authority.

4. For the purposes of this section, "home office" shall mean a business's principal office or headquarters constituting the center for administration and policymaking.

B. Local business definition. For purposes of this section, "local business" shall mean a business which:

1. Has had a fixed office or distribution point located in and having a street address within Leon, Gadsden, Wakulla, or Jefferson County for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by the County; and

2. Holds any business license required by the County, and, if applicable, the City of Tallahassee; and

3. Is the principal offeror who is a single offeror; a business which is the prime contractor and not a subcontractor; or a partner or joint venturer submitting an offer in conjunction with other businesses.

C. Certification. Any bidder claiming to be a local business as defined, shall so certify in writing to the Purchasing Division. The certification shall provide all necessary information to meet the requirements of above. The Local Vendor Certification Form is enclosed. The purchasing agent shall not be required to verify the accuracy of any

P a g e | 12 such certifications, and shall have the sole discretion to determine if a bidder meets the definition of a "local business."

C. Unauthorized Alien(s)

The Contractor agrees that unauthorized aliens shall not be employed nor utilized in the performance of the requirements of this solicitation. The County shall consider the employment or utilization of unauthorized aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a). Such violation shall be cause for unilateral termination of the agreement by the County. As part of the bid response to this solicitation, please complete and submit the attached form AFFIDAVIT CERTIFICATION IMMIGRATION LAWS.

D. Public Entity Crimes Statement

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By submission of a proposal in response to this document, the vendor certifies compliance with the above requirements as stated in Section 287.133, Florida Statutes.

E. Identical Tie Bids

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which 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 received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program.

F. Employment Eligibility Verification

A. Contractor agrees that it will enroll and participate in the federal E-Verify Program for Employment Verification under the terms provided in the “Memorandum of Understanding” governing the program. Contractor further agrees to provide to the County, within thirty days of the effective date of the agreement, documentation of such enrollment in the form of a copy of the E-Verify “Edit Company Profile” screen, which contains proof of enrollment in the E-Verify Program (this page can be accessed from the “Edit Company Profile” link on the left navigation menu of the E-Verify employer’s homepage).

B. Contractor further agrees that it will require each subcontractor that performs work under the agreement to enroll and participate in the E-Verify Program within sixty days of the effective date of the agreement or within sixty days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the E-Verify Program and make such record(s) available to the Agency upon request.

C. Contractor will utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of: (a) all persons employed during the term of the Agreement by Contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by Contractor to perform work pursuant to the Agreement.

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1. Contractor must use E-Verify to initiate verification of employment eligibility for all persons employed during the term of the Agreement by Contractor to perform employment duties within Florida within 3 business days after the date of hire.

2. Contractor must initiate verification of each person (including subcontractors) assigned by Contractor to perform work pursuant to the Agreement within 60 calendar days after the date of execution of the agreement or within 30 days after assignment to perform work pursuant to the Agreement, whichever is later.

D. Contractor further agrees to maintain records of its participation and compliance with the provisions of the E- Verify program, including participation by its subcontractors as provided above, and to make such records available to the County or other authorized state entity consistent with the terms of the Memorandum of Understanding.

E. Compliance with the terms of this Employment Eligibility Verification provision is made an express condition of the agreement and the County may treat a failure to comply as a material breach of the contract.

G. Equal Opportunity/Affirmative Action Requirements

The contractors and all subcontractors shall agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national origin, sex, age, handicap, marital status, and political affiliation or belief.

For federally funded projects, in addition to the above, the contractor shall agree to comply with Executive Order 11246, as amended, and to comply with specific affirmative action obligations contained therein.

In addition to completing the Equal Opportunity Statement, the Respondent shall include a copy of any affirmative action or equal opportunity policies in effect at the time of submission.

H. No Pending Litigation

The Contractor does not have any pending civil or administrative action against the Contractor brought by Leon County, and is not currently engaged in any dispute or controversy related to or arising out of the allegation that the Contractor is in breach of any contract with Leon County. The Contractor has consulted with all subcontractors anticipated to be utilized in this project to determine if they are in compliance with the above requirements.

Vendor must confirm compliance with this requirement in the Required Submittals section of your response.

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VII. INSURANCE REQUIREMENTS

A. Overview

Bidders’ attention is directed to the insurance requirements below. Bidders should confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract.

The awarded Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor’s bid.

B. General, Automobile, and Workers' Insurance

Contractor shall maintain limits no less than:

General Liability: $1,000,000 combined single limit for bodily injury and property damage per occurrence with a $2,000,000 annual aggregate. Completed operations coverage will be provided for a period of three (3) years beyond termination and/or completion of the project. Coverage must include bodily injury and property damage, including Premise/Operations:

a per location aggregate, Broad Form Contractual liability; Broad Form Property Damage; Fire Legal liability; Independent Contractors coverage; Cross Liability & Severability of Interest Clauses; and Personal Injury, and coverage for explosion, collapse, and underground (X, C, U).

Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage, with a "Coverage Symbol 1:Any Auto" (Non-owned, Hired Car).

Workers’ Compensation and Employers Liability: Workers’ Compensation insurance covering all employees and meeting statutory requirements in compliance with the applicable state and federal laws and Employer’s Liability with a limit of $500,000 per accident, $500,000 disease policy limit, $500,000 disease each employee. Waiver of Subrogation in lieu of Additional Insured is required.

C. Additional Required Insurance

Pollution Liability Insurance and/or Environmental Impairment Liability Insurance: $1,000,000 per occurrence and $2,000,000 annual aggregate. The coverage shall provide protection for the site owners and operators against third-party liability for bodily injury, property damage and cleanup cost as a result of a pollution event on, at, under or coming from the insured’s covered location and/or which may arise from, or in connection with, the performance by the insured, its agents, representatives, employees and/or members (County is to be named as Additional Insured).

D. Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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E. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

General Liability and Automobile Liability Coverages (County is to be named as Additional Insured).

A. The County, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the Contractor, including the insured’s general supervision of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protections afforded the County, its officers, officials, employees or volunteers.

B. The Contractor’s insurance coverage shall be primary insurance in respect to the County, its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the County, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the county, its officers, officials, employees or volunteers.

D. The Contractor’s insurance shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer’s liability.

All Coverages

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after written notice has been given to the County.

F. Acceptability of Insurers

Insurance is to be placed with insurers with a Best’s rating of no less than A:VII.

G. Verification of Coverage

Contractor shall furnish the County with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the County before work commences. The County reserves the right to require complete, certified copies of all required insurance policies at any time. Certificates of Insurance acceptable to the County shall be filed with the County prior to the commencement of the work. These policies described above, and any certificates shall specifically name the County as an additional Insured and shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days prior to written notice has been given to the County.

Cancellation clauses for each policy should read as follows: Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the Certificate Holder named herein.

H. Subcontractors

Contractors shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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VIII. TERMS AND CONDITIONS

A. Purchases By Other Public Agencies

With the consent and agreement of the successful bidder(s), purchases may be made under the agreement by other governmental agencies or political subdivisions within the State of Florida. Such purchases shall be governed by the same pricing, terms and conditions stated herein with no deviations allowed. The agreement in no way restricts or interferes with the right of any public agency or political subdivision to bid any or all of the items or services independently.

B. Amendments to Resultant Agreement

No modification, amendment, or alteration in the terms or conditions contained in the agreement shall be effective unless contained in a written document prepared with the same or similar formality as the Agreement and executed by duly authorized representatives of the County and Contractor.

C. Manufacturers' Name and Approved Equivalents

Manufacturers' names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The bidder may offer any brand for which he is an authorized representative, which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and catalog number. Bidder shall submit with his bid, cuts, sketches, and descriptive literature and/or specifications. The bidder should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. The Leon County Board of County Commissioners reserves the right to be the sole judge of what is equal and acceptable. Bids which do not comply with these requirements are subject to rejection. If Bidder fails to name a substitute it will be assumed that he is bidding on, and he will be required to furnish goods identical to bid standard.

D. Ethical Business Practices

A. Gratuities. It shall be unethical for any person to offer, give, or agree to give any County employee, or for any County employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or performing in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, subcontract, or to any solicitation therefor.

B. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

C. The Board reserves the right to deny award or immediately suspend any agreement resulting from this bid pending final determination of charges of unethical business practices. At its sole discretion, the Board may deny award or cancel the agreement if it determines that unethical business practices were involved.

E. Time and Liquidated Damages

The work to be performed under the agreement shall be commenced within fifteen (15) days of the Notice to Proceed. All work to be performed under the agreement shall be completed within one hundred eighty (180) consecutive calendar days of the Notice to Proceed to final completion.

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If the work to be performed under the agreement is not completed within the time set forth above, or within such extra time as may be granted by the County, the Contractor shall be deemed to be in default. For each day the Contractor is in default, the Contractor or its Surety shall pay to the County, not as a penalty, but as liquidated damages, the sum of $1500.

Permitting the Contractor to continue and finish the work or any part of it after the expiration of the agreement time allowed, including extensions, if any, shall in no way act as a waiver on the part of County of the liquidated damages due under the agreement.

F. Disputes/Remedies

All disputes arising under or relating to the Agreement shall be resolved in accordance with this Section, except for disputes related to payments and payment disputes, which shall be addressed and resolved in accordance with Leon County Policy 96-1, as amended.

The Parties shall attempt to resolve all disputes that arise under the agreement in good faith and in accordance with the following procedure:

A. The aggrieved Party shall give written notice to the other Party setting forth the nature of the dispute, date of occurrence (if known), and proposed equitable resolution.

B. Representatives of both Parties shall meet at the earliest opportunity to discuss and resolve the dispute. If the dispute is resolved to the mutual satisfaction of both, they shall report their decision to the Parties in writing.

C. If those representatives are unable to reconcile the dispute, they shall report their impasse to the appropriate County Director and the Contractor’s designee, who, at their earliest opportunity, shall meet and attempt to reconcile the dispute.

D. Should the Director and the Contractor’s designee fail to resolve the dispute, they shall report their impasse to the County Administrator, or authorized representative, and the Contractor’s designee, who, at their earliest opportunity, shall review and attempt to resolve the dispute.

E. If the County Administrator and the Contractor’s designee are not able to amicably resolve the dispute within fifteen (15) business days after the impasse is reported to them, then either Party can pursue whatever forms of relief that may be available to it under the agreement, at law, or in equity.

G. Status

The Contractor shall at all times, relevant to the agreement, be an independent contractor and in no event shall the Contractor, nor any employees or sub-contractors under it, be considered to be employees of Leon County.

H. Audits, Records, and Records Retention

The Contractor will agree:

A. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the County under the agreement.

B. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to the agreement for a period of five (5) years after termination of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of the agreement

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C. Upon completion or termination of the agreement and at the request of the County, the Contractor will cooperate with the County to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph 1& 2 above.

D. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the County.

E. Persons duly authorized by the County and Federal auditors, pursuant to 45 CFR, Part 92.36(I)(10), shall have full access to and the right to examine any of provider’s agreement and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained.

F. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT:

LEON COUNTY PURCHASING DIVISION

ATTN: SHELLY KELLEY, PURCHASING DIRECTOR

1800-3 N. BLAIRSTONE ROAD

TALLAHASSEE, FLORIDA 32308

I. Monitoring

The agreement will require the Contractor to permit persons duly authorized by the County to inspect any records, papers, documents, facilities, goods, and services of the provider which are relevant to the agreement, and interview any clients and employees of the provider to assure the County of satisfactory performance of the terms and conditions of the agreement.

Following such evaluation, the County will deliver to the provider a written report of its findings and will include written recommendations with regard to the provider’s performance of the terms and conditions of the agreement. The provider will correct all noted deficiencies identified by the County within the specified period of time set forth in the recommendations. The provider’s failure to correct noted deficiencies may, at the sole and exclusive discretion of the County, result in any one or any combination of the following: (1) the provider being deemed in breach or default of the agreement; (2) the withholding of payments to the provider by the County; and (3) the termination of the agreement for cause.

J. Right to Inspect Plant

The County may, at its discretion, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any agreement awarded, or to be awarded, by Leon County. The right expressed herein shall be included in all contracts or subcontracts that involve the performance of any work or service involving Leon County.

K. Warranties

Bidder will warrant title to all goods sold as provided for in Chapter 672, Florida Statutes.

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L. Work

The awarded Contractor understands that no amount of work is guaranteed nor is the County under an obligation to utilize the services of the Contractor in those instances where the work to be performed can be done by County personnel or under separate contract. Any work to be performed shall be upon the written request of the County Administrator or his representative, which request shall set forth the commencing date of such work and the time within which such work shall be completed.

Leon County reserves the right to negotiate with the successful bidder/proposer for any related products or services not specifically stated in this solicitation.

M. Permits

The…