2161 PBA 19/20-31 Bulk Mulch Florida MulchPURCHASING DF-PARTMF.W
TRANSMITTAL MEMORANDU&I
TO: City ClerWMayor
RE: ?P-ip\ \q 1� - I
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
El Development Order
F-1 Final Plat (original Mylar's)
D Letter of Credit
F-1 Maintenance Bond
F-1 Ordinance
F�
Performance Bond
❑ Resolution
El
Once completed, please:
0 Return originals to Purchasing- Department
00 Return copies
Special Instructions:
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From
SliarePoiiit—Finance—Purcliasing Forms - 2018.doc
❑
Mayor's signature
❑
Recording
❑
Rendering
Safe keeping (Vault)
Deputy City Manager
El
Payment Bond
El
City Manager Signature
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City Clerk Attest/Signature
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City Attorney/Signature
Date
Florida Mulch, Inc. Piggyback Contract (PBA 19/20-31)
Bulk Mulch With Delivery And Install)
The City of Sanford ("City") enters this "Piggyback" Contract with Florida Mulch,
Inc., a Florida corporation (hereinafter referred to as the "Vendor"), whose principal
address 4754 Kenansville Road, Saint Cloud, Florida 34773, and whose mailing address
is Post Office Box 110189, Palm Bay, Florida 32911-0189, under the terms and conditions
hereinafter provided. The City and the Vendor agree as follows:
0). The Purchasing Policy for the City of Sanford allows for "Piggybacking"
contracts. Pursuant to this procedure, the City is allowed to Piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
government of Brevard County, Florida, said contract being identified as "Bulk Mulch
With Delivery And Install (132-18-25)", as may have been amended, in order for the
Vendor to provide bulk Mulch with delivery and installation goods and services
relating to the City's various projects (said original contract being referred to as the
"original government contract").
(2). The original government contract documents are incorporated herein by
reference and is attached as Exhibit "A" to this contract. All of the terms and
conditions set out in the original government contract are fully binding on the parties
and said terms and conditions are incorporated herein; provided, however, that the
City will negotiate and enter work orders/purchase orders with the Vendor in
accordance with City Policies and procedures for particular goods and services.
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
1
Provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
(a). Time Period ("Term-) of this Contract: (state N/A if this is not applicable).
N/A. Notwithstanding any Provisions, however, this Contract shall not be operative
for a period of time exceeding 5 years.
(b). Insurance Requirements of this Contract: (state N/A if this is not
applicable). N/A.
(c)- Any other provisions of the original government contract that will be
modified: (state N/A if this is not applicable). N/A.
(d). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that it shall send notices, invoices and shall conduct all business with the
City to the attention Of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford,
Florida 32771. The City Manager's designated representative for this Contract is Bilal
Iftikhar; Public Works/Utility Director; Utilities, Public Works Department, City Hall; City of
Sanford, Florida; 300 North Park Avenue; Sanford, Florida 32771, telephone number 407-
688-5144, facsimile transmittal number 407-688-5085 and whose e-mail address is
Bilai.Iftikhar@Sanfordfl.gov.
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
2
arising out of or related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
(f). Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(9). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State or local regulatory agency.
(h).
(I) IF THE CONTRACTOR/VENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI
HOUCHIN, CITY CLERK, CMC, ECRM, CITY OF SANFORD, CITY HALL,
300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
(II). In order to comply with Section 119.0701, Florida Statutes, public
records laws, the Vendor must:
r
(A). Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service.
(B). Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(C). Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized
by law.
(D). Meet all requirements for retaining public records and transfer, at no
cost, to the City all public records in Possession of the Vendor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
(III). If the Vendor does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Agreement.
(IV). Failure by the Vendor to grant such public access and comply with public
records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. The Vendor shall promptly provide the City with a copy of any
request to inspect or copy public records in Possession of the Vendor and shall
promptly provide the City with a copy of the Vendor's response to each such request.
(i). All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
E
tse(mber
Entered this lqi� day of Novetmber 2019.
Authorized SignM,.,
Printed Name:
Attest.
. &Oa(f4wOLL'�k, NO ( F(Pq
Traci Houchin, City Clerk, CIVIC, ECRM
Approved as to form and legal sufficiency.
riaff L Colbert City Attbrnel
Florida Mulch, Inc., a Florida
corporation.
By:
Willard Palmer
Sole Corporate Officer
Date:
&U,
Exhibit "All
[Attach original government contract]
Purchasing
Services
Purchasing Services
2725Judge Fran Jamieson Way
Building C,Room 3O3
Viera, Florida 32940
NOTICE [)FAWARD
DATE: March 7.2D18
BID#/TITLE: 132-18-25 / Bulk Mulch with Delivery and Install
PROCUREMENT ANALYST: K. Covington, PA 11
VENDOR
-INC
[]
VENDOR CITY
AND STATE
__I�a_lm
MEETS MINIMUM
ITEMS AWARDED
AWARD
AMOUNT
REQUIREMENTS
FLORIDA iULCH
-Bay
BOARD AWA\RD—AGENDAATTACHED
APPROVED AWARD (NON'8OARDA8ENDA):
(Per Sections UiE.&UU.&J,8CC'5.PROCUREMENT)
U Award Vooverall lowest, most responsive bidder, minimum three responses received.
El Award hoother than low, with low bid being non'responaive: (copy 0nManager)
REASON FOR NON-RESP{}NS|VENESS:
Z Award tolow bid, less than three responses received:
REASON FOR LESS THAN THREE RESPONSES: 150 suppliers solicited through OnVla
DomendStnr` resulting in 22 p|onho|dero. Limited responses due hoscope of mulch delivery/install
thereby requiring MOT certification for the bid,
------'---------'--------'------ --'------'-----'---'-''---'----''---'--'----'-
AWARDED 8YACOMMITTEE CONSISTING OF: J. MoLeeU*r—Supeminor Procurement J Kelly Public
VVnrkn.Pn�ontConodino0ocK. Covinghon— Ana|yu\||.PnoouromontSnmices.
' ' J. —
FOR PURCH SING USE ONL
0 ONE TIME PURCHASE
y� ANNUAL BID:
EFFECTIVE DATE: 03107/2018 ENDING DATE: 03/00/2019
RENEWAL OPTION 0 One year M Other (fill in)
Prompt Payment Discount Offered El Yes (Terms) JZNO
Performance and payment bonds received with construction contract documents.
Release Cashier's or Certified Check.Received for Bid Deposit on Bids
SPECIAL INSTRUCTIONS TDAWARDED VENDOR:
Please provide certificate ofinsurance.
[�
Please provide performance and payment bonds oarequired.
�� OTHER: updated VV'Q(using Rev 2O17form)
Phone (321) 617-7390 a http://Wwwbrevardfl.gov/CentralServices/Purchasing
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SUBMIT BID TO:
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BREVARD COUNTY PURCHASING SERVICES&INVIFITATION
6b-� Ito 0s t
411'0 BIDevard
2725 JUDGE FRAN JAMIESON WAY
TELEPHONE NUMBER/TOLL FREE NUMBER:
BLDG. C, 3rd FLOOR, SUITE C-303
VIERA, FL 32940
s � l
Purchassn9
Seryces
Bid Acknowledgment
PROCUREMENT ANALYST: (321) 617-7390
KIMBERLEY PHILLIPS
AN EQUAL
FLORIDA TAX EXEMPT #85 -8012621749C -I
kim crle . Itilli s .brevardFl. ov
OPPORTUNITY
EMPLOYER
FEDERAL TAX EXEMPT #59-6000523
BID SPECIFICATIONS MAY BE OBTAINED AT: Purchasing Services, 2725 Judge Fran Jamieson Way, Bldg. C, Suite 303, Viera, FL 32940, or
on our Brevard County Purchasing Services website, or at the Onvia DemandStai`' website.
MAILING DATE: BID TITLE: BULK MULCH WITH DELIVERY AND
February 1, 2018
BID NUMBER: BID OPENING DATE AND TIME:
INSTALL
B2-18-25 February 22, 2018 C; 3:00 p.m.
PRE-BID DATE, TIME, AND LOCATION:
services purchased or acquired by the County of Brevard. At the County's
discretion, such assignment shall be made and become effective at the time the
A pre-bid meeting wilt be held on 02/12/2018 @ 10:00 a.m., in PurchasingServices, 2725
Mandatory BIDS RECEIVED AFTER ABOVE
Judge Fran Jamieson Way, Bldg. C, Suite 303, Viera, FL 32940.
DATE AND TIME
®Non -Mandatory WILL NOT BE ACCEPTED
LEGAL NAME OF BIDDER AND BUSINESS ADDRESS:
FEDERAL ID NO. (FEIN) OR SOCIAL SECURITY NO. (SSN):
tciCif) A 0\jLCc It
6b-� Ito 0s t
.� [' r�
` ��
ilLilt �11�;r'-i�
If returning as a "no bid," state reason:
TELEPHONE NUMBER/TOLL FREE NUMBER:
I certify that this bid is made without prior understanding, agreement, or connections
with any corporation, firm or person submitting a bid for the same materials,
The bidder acknowledges that information provided in this ITB is true and correct,
equipment, and is in all respects fair and without collusion or fraud. 1
supplies ab
agree to abide by all conditions of this bid and certify that I am authorized to sign
X
this bid for the bidder, in submitting a bid to the County of Brevard, the bidder
f^"'y�
offers and agrees thatif the bid is accepted, the bidder will convey, sell, assign, or
$$$!ll...�+*✓✓✓JJJ'
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transfer to the County of Brevard all rights, title, and interest in and to all causes of
action it may now or hereafter acquire under the laws
AUTIIORIZED SIGNATURE (AMNWL)
Zl;' J
antitrust of the United States
and the State of Florida for price fixing relating to the particular commodities or
TYPED NAME
services purchased or acquired by the County of Brevard. At the County's
discretion, such assignment shall be made and become effective at the time the
TITS DATE
County tenders final payment to the bidder.
*THIS FORM MUST BE NOTARIZED AND RETURNED WITH YOUR BID*
Sworn to and subscribed before me this? tk- day of /7, l z e L ;�- 201S
Personally known: Q
Or produced identification: ❑ Type of ID:
i; ,
s .
SIGNATURE OF NOTARY PUBLIC STATE
>9t18AA! J. SHAW
C G CS -` MY COMMISSION t FF 915129
NAME OF NOTARY PUBLIC (PRINTED)
My commission expires: =:8 , SUSAN J. SI AW
28, 2018
VENDOR MUST PROVIDE: �,1-O` lkrMThrvBodgetNofaryBerft AMOUNT:
Yes ❑ No ® BID BOND
Yes ❑ No ® PERFORMANCE BOND
Yes ❑ No ® LABOR, MATERIAL, PERFORMANCE BOND
In cases where the amount of a surety bond exceeds $500,000, the surety company must have an A.M. Best's rating as specified in this document,
anddepending on the amount of the bond, shall have a minimum A.M. Best's financial size (FSC) ranking as follows:
-category
BOND AMOUNT UP TO: FINANCIAL CLASS BOND AMOUNT UP TO: FINANCIAL CLASS
$ 1,000,000 I $ 25,000,000 V
$ 2,000,000 II $ 50,000,000 VI
$ 5,000,000 III $ 100,000,000 VII
$ 10,000,000 IV
Bonds must be issued by Bonding Company who complies with the requirements of § 287.0935, Fla. Stat.
PAYMENT OF GOODS OR SERVICES PROVIDED AS A RESULT OF THIS SOLICITATION WILL BE MADE PER
FLORIDA STATUTE. ALL FIRST TIME VENDORS MUST SUBMIT A W-9 FORM.
BULK MULCH WITH DELIVERY AND INSTALL
82-18-25
PRICE SHEET
Bid price to provide all labor, materials, equipment, transportation and other necessary and/or required to execute all of the
work described by the bidding documents and scope of services as PER CUBIC YARD (CY) PRICE.
LICENSING/CERFICATION INFORMATION (Use separate sheet if needed):
REQUIRED Maintenance Of Traffic (MOT) Certificate # (Current):
Mulch (OPTIONAL)
❑ IPEMA ASTM F2075-04 - meets tramp metal test and sieve analysis
❑ ADA ASTM F1951 - wheelchair accessible safe
sr Passed chemical testing for CCA -treated wood contaminants
ACH PAYMEN'T'S
Does your company accept ACH Payment Method? }(. Yes / No
PROMPT PAYMENT DISCOUNT
Brevard County shall remit payment in accordance with the Florida Prompt Payment Act, Florida Statutes section 218.70.
Bidders may offer cash discounts for prompt payment but they will not be considered in determination of award. If a bidder
offers a discount, it is understood that the discount time will be from the date of satisfactory delivery, at the place of
acceptance, and receipt of correct invoice, at the office specified, whichever occurs last.
* If Prompt Payment Discount is offered please state discount and terms:
ADDENDUM ACKNOWLEDGMENT:
Add. No. Dated / Add. No. Dated
Add. No. Dated / Add. No. Dated
I hereby acknowledge that I have read, understand, and agree to all terms, conditions, insurance, scope of work,
specifications, and pricing for Bid #B2-18-25 / BULK MULCH WITH DELIVERY AND INSTALL.
VENDOR NAME
ADDRESS k' tai ?8- 1
AUTHORIZED SIGNATURE 1
PRINTED SIGNATURE LbHt It a i L v )i C DATE
TELEPHONE # t�U.7_ g <<'J4 C'() FAX #1 -
EMAIL: Slj(�?:-H1 'u' 1 H .. o7
13
Estimated
QTY CY
Unit Price
Extended Price
District 1
600
$ 5jr-00
$ .-2l kAC3Ct7
District 2
525
District 3
District 4
325
$
GRAND TOTAL
$
LICENSING/CERFICATION INFORMATION (Use separate sheet if needed):
REQUIRED Maintenance Of Traffic (MOT) Certificate # (Current):
Mulch (OPTIONAL)
❑ IPEMA ASTM F2075-04 - meets tramp metal test and sieve analysis
❑ ADA ASTM F1951 - wheelchair accessible safe
sr Passed chemical testing for CCA -treated wood contaminants
ACH PAYMEN'T'S
Does your company accept ACH Payment Method? }(. Yes / No
PROMPT PAYMENT DISCOUNT
Brevard County shall remit payment in accordance with the Florida Prompt Payment Act, Florida Statutes section 218.70.
Bidders may offer cash discounts for prompt payment but they will not be considered in determination of award. If a bidder
offers a discount, it is understood that the discount time will be from the date of satisfactory delivery, at the place of
acceptance, and receipt of correct invoice, at the office specified, whichever occurs last.
* If Prompt Payment Discount is offered please state discount and terms:
ADDENDUM ACKNOWLEDGMENT:
Add. No. Dated / Add. No. Dated
Add. No. Dated / Add. No. Dated
I hereby acknowledge that I have read, understand, and agree to all terms, conditions, insurance, scope of work,
specifications, and pricing for Bid #B2-18-25 / BULK MULCH WITH DELIVERY AND INSTALL.
VENDOR NAME
ADDRESS k' tai ?8- 1
AUTHORIZED SIGNATURE 1
PRINTED SIGNATURE LbHt It a i L v )i C DATE
TELEPHONE # t�U.7_ g <<'J4 C'() FAX #1 -
EMAIL: Slj(�?:-H1 'u' 1 H .. o7
13
BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS
DRUG-FREE WORKPLACE FORM
BULK MULCH WITH DELIVERY AND INSTALL
82-18-25
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
0::V t 0 it 31 1; W 14 iii does:
(Name of Business)
t. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-
free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the
statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities
or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any
controlled substance law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if
such is available in the employee's community, by any employee who is so convicted.
b. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies with the above requirements and the Florida
Statutes Section 287.087. This form is in conjunction with Brevard County's General Conditions, Item 27, Drug Free
Workplace.
Bid 's Signature
0--) it 641) 11h o /L
K,
Date
BULK MULCH WITH DELIVERY AND INSTALL
82-18-25
STATEMENT OF NO BID
NOTE: if you do not intend to bid on this requirement, please return this form to:
Brevard County Purchasing Services
2725 Judge Fran Jamieson Way, Bldg C, Suite 303
Viera, FL 32940
We the undersigned have declined to bid on your Bid No. 82-18-25 for the following reasons:
Specifications too "tight," i.e., geared toward one brand or manufacturer only (explain below).
Insufficient time to respond to the Invitation to Bid.
We do not offer this product or equivalent.
Our product schedule would not permit us to perform.
Specifications unclear (explain below).
Remove our company from bid list.
Other (specify below).
Remarks:
We understand that if the "No Bid" letter is not executed and returned, our name may be deleted from the vendor
list for the Brevard County Purchasing Service Office.
PLEASE PRINT COMPANY NAM
COMPANY ADDRESS
COMPANY OFFICER
TELEPHONE NUMBER
18
Florida Mulch, Inc.
PO Box 110189
Palm Bay, FL 32911-0189
407-891-8400
NAME/ADDRESS
Board of County Commissioners
Road and Bridge
Bldg A 2725 Judge Fran Jamesion on Way
Viera, FL 32940
DATE
ESTIMATE #
1/4/2018
B4109
PROJECT
DESCRIPTION
QTY
COST
TOTAL
Certified Gold Mulch
1,500
22.50
33,750.00
Labor Installation -Non -Tax
1,500
13.50
20,250.00
***Road and Bridges***
***Due to a substantantial increase in our labor, raw materials and
fuel, Florida Mulch
is requesting an increase to our current mulch agreement.***
TOT L
554,000.00
GENERAL CONDITIONS
L SUBMISSION OF BIDS: All bids shall be submitted in a sealed envelope. The bid number, title, and opening date shall be
clearly displayed on the outside of the sealed envelope. The delivery of said bid to Purchasing Services prior to the specified
opening date and time is solely and strictly the responsibility of the bidder. Any bids received in Purchasing after the specified
date and time will not be accepted. An original and one copy of the bid must be submitted unless otherwise noted.
2. EXECUTION OF BID: Bid must contain a manual signature of authorized representative in the space(s) provided. Bids must
be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by bidder to any bid entry must be
initialed. The company name and Federal Employer Identification Number (FEID) number shall appear in the space(s)
provided.
3. BID OPENING: Bid opening shall be public on the date and time specified. Sealed bids received by an agency pursuant to
invitations to bid are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time
as the agency provides notice of a decision or intended decision pursuant to s. 120.57(3)(a) or within 30 days after bid or
proposal opening, whichever is earlier. In accordance with Florida Statute 119.071(1)(b) 2, the names of the firms submitting a
competitive solicitation will be read aloud at this time of the opening. No details of the competitive solicitation will be
released. Bid must be submitted on forms provided by the County. No other forms will be accepted. Bids, which are received
by fax, are not acceptable and will be rejected. Telephone bids will not be considered. No bid may be modified after opening.
No bid may be withdrawn after opening for a period of ninety (90) days unless otherwise specified.
4. BID TABULATIONS: Bid tabulations are posted on DemandStar webpage and available for download at
www. demandstar. coin. Bid tabulations are also posted on our website at
http://www.brevardfl.go entralServices/Purchasing/pendingaward status.
5. CLARIFICATION/CORRECTION OF BID ENTRY: The County of Brevard reserves the right to allow for the
clarification of questionable entries and for the correction of OBVIOUS MISTAKES.
6. INTERPRETATION: No interpretation of the meaning of the specifications, or other contract documents will be made orally
to any bidder. Every request for such interpretation must be in writing, addressed to Purchasing Services at 2725 Judge Fran
Jamieson Way, Bldg. C, 3rd Floor, Suite 303 Viera, FL 32940, or emailed to the attention of the applicable Procurement
Analyst. To be given consideration, such requests must be received at least five (5) business days prior to the date fixed for the
opening of the bid. Any and all such interpretation and supplemental instructions will be in the form of a written addendum,
which, if issued will be sent to all prospective proposers at the respective addresses furnished for such purposes. Failure of any
bidder to receive any such addendum or interpretation shall not relieve said bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the contract documents, whether or not the successful bidder received a
copy of such addendum, it being understood that all bidders are responsible to verify that they have received any such addenda
prior to submitting their bid.
7. EEO STATEMENT: Vendors must ensure that employees and applicants for employment are not discriminated against for
reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female -owned businesses are
encouraged to participate. Brevard County is an equal opportunity employer.
S. PRICING: Firma prices shall be proposed and include FOB DESTINATION, all packing, handling, shipping charges, fuel
surcharges and delivery, unless otherwise indicated, to any point within the County of Brevard to a secure area or inside
delivery. All prices, costs, and conditions shall remain firm and valid for 90 days from the date of opening. The obligations of
Brevard County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of
Florida and/or the Board of County Commissioners.
9. ADDITIONAL TERMS & CONDITIONS: The County of Brevard reserves the right to reject bids containing any additional
terms or conditions not specifically requested in the original conditions and specifications.
10. TAXES: The County of Brevard is exempt from Federal Excise Taxes and all sales taxes.
11. DISCOUNTS: All discounts, EXCEPT THOSE FOR PROMPT PAYMENT, shall be considered in determining the lowest net
cost for bid evaluation purposes.
12. MEETS SPECIFICATIONS: All equipment and accessories furnished under these specifications shall be new, the latest
model in current production, and shall be of good quality, workmanship and material. The bidder represents that all equipment
offered under these specifications shall meet or exceed the minimum requirements specified. Delivery specifications shall be
strictly adhered to. The bidder shall be responsible for performing the work necessary to meet County standards in a safe, neat,
good and workmanlike manner.
13. BRAND NAME OR EQUAL: If items called for by this invitation have been identified in the specifications by a `Brand
Name OR EQUAL" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the
quality and characteristics of products that will be acceptable. Bids offering "equal' products will be considered for award if
such products are clearly identified in the bid and are determined by the County to meet fully the salient characteristics
requirements listed in the specifications. Unless the bidder clearly indicates in his bid that he is offering an "equal' product, the
bid shall be considered as offering the same brand name product referenced in the specifications. If the bidder proposes to
furnish an "equal' product, the brand name if any, or the product to be furnished shall be inserted in the space provided or such
product shall be otherwise clearly identified. The evaluation of bids and the determination as to equality of the product offered
shall be the responsibility of the County and will be based on information furnished by the bidder. Purchasing Services is not
responsible for locating or securing any information, which is not identified in the bid and reasonably available to Purchasing
Services. To ensure that sufficient information is available the bidder shall furnish as a part of the bid, or prior to bid opening,
as indicated, all descriptive material necessary for Purchasing Services to determine whether the product offered meets the
salient characteristics required by the specifications and establish exactly what the bidder proposes to furnish and what the
County would be binding itself to purchase by making an award.
14. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any supplemental specifications as to any
details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the
best commercial practices are to prevail and only materials of first quality be provided. All interpretations of this specification
shall be made upon the basis of this statement.
15. ASSIGNMENT: Any purchase order issued pursuant to this bid and the moneys, which may become due hereunder is not
assignable except with the prior written approval of the Purchasing Manager.
16. INDEMNIFICATION: The successful bidder agrees to indemnify and hold harmless the County and their employees from all
claims, losses and expenses, including attorneys' fees, arising out of or resulting from the performance, failure in the
performance of, or defect in, the products or services to be contracted, provided such claim, damage, loss or expense (1) is
attributable to bodily injury, sickness, disease, death, or personal injury, or to property damage, including loss of use resulting
therefrom, and (2) is caused in whole or in part by any negligent act or omission of the vendor, any subcontractor or any of their
employees, or arises from a job-related injury. The successful bidder acknowledges adequate consideration for this
indemnification provision.
17, PATENTS AND ROYALTIES: The bidder, without exception shall indemnify and save harmless the County of Brevard and
its employees from liability of any nature of kind including cost and expenses for or on account of any copyrighted, patented, or
unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the
County of Brevard. If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually
agreed and understood without exception that the bid prices shall include all. royalties or cost arising from the use of such
design, device, or materials in any involved in the work.
18. TRAINING: If specified, supplier(s) may be required at the convenience of the County, to provide employees training in the
operation and maintenance of any items(s) purchased from this bid.
19. ACCEPTANCE: Items may be tested for compliance with specification. Items delivered not conforming to specifications may
be rejected and returned at vendor's expense. Those items not delivered as per delivery date in bid and/or purchase order may
be purchased on the open market. Any increase in cost may be charged against the vendor. Any violations of these stipulations
may also result in the vendor name being removed from the bid list and the vendor disqualified from doing business with the
County of Brevard.
20. SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for having compiled
with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof,
applicable and effective on the date of manufacture including safety and environmental standards as apply to both private
industry and governmental agencies.
21. WARRANTY: The bidder agrees that, unless otherwise specified, the supplies and/or services furnished under this bid shall be
covered by the most favorable commercial warranty the bidder gives to any customer for comparable quantities of such supplies
and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the
County of Brevard by any other provision of this bid.
22. AWARDS: As the best interest of the County may require, the right is reserved to make award(s) by individual items, group of
items, all or none, or a combination thereof; on a geographical basis and/or on a countywide basis with one or more suppliers;
to reject any and all bids or waive any minor irregularly or technicality in bids received. Bidders are cautioned to make no
assumptions unless their bid has been evaluated as being responsive and qualified. All awards made as a result of this bid shall
conform to applicable ordinances of the County of Brevard. The Board may return, for full credit, any unused items received
which fail to meet the Board's performance standards. Brevard County reserves the right to cancel an awarded bid upon due
cause, i.e. vendor misrepresentation, vendor negligence, non-performance, etc. via written notice.
23. Unless otherwise noted in the bid document, vendors shall submit one bid only,
24. DEFINITIONS:
COUNTY - The term COUNTY herein refers to the County of Brevard, Florida, and its duly authorized representatives.
BIDDER - The term BIDDER used herein refers to the dealer/ manufacturerlbusiness organization submitting a bid to the
County in response to this invitation.
VENDOR - The term VENDOR used herein refers to any dealer/manufacturer/business organization that will be awarded a
contract pursuant to the terms, conditions and quotations of the bid.
USING AGENCY - The term USING AGENCY used herein refers to any department, division, agency, commission, board,
committee, authority or other unit in the County Government using supplies or procuring contractual services as provided for in
the Purchasing Ordinance of the County of Brevard.
HEAVY DUTY - The item(s) to which the term HEAVY DUTY is applied shall exceed the usual quality and/or capacity
supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear and
use.
QUALIFIED BIDDER - The best bidder who has the capability in all respects to fully perform the bid requirements, and has
the financial stability, honesty, integrity, skill, business judgment, experience, facilities, and reliability necessary to assure good
faith performance of the contract, as determined by reference to the Contractor's Qualification Statement, evaluations by
County staff of the bidder or its subcontractors' past performance for the Board, an any other information required by Board
policies.
RESPONSIVE BIDDER - A bidder who has submitted a bid, which conforms in all respects to the requirements of the bid
package, including, but not limited to, submission of the bid on required forms with all required information, signatures, and
notarizations at the place and time specified.
DUE CAUSE — An applicable reason affecting and concerning the ability and fitness of the contractor(s) to perform to the
specifications and requirements of the contract.
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25. CONFLICT OF INTEREST: The award hereunder is subject to provisions of State Statutes and County Ordinance. All
Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of Brevard County.
Further, all bidders must disclose the name of any County employee who owns, directly or indirectly, any interest in the
proposer's ficin or any of its branches.
26. PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES: Brevard County permits the awarded
vendor(s) to extend the pricing, terms and conditions of this solicitation to other governmental entities at the vendor's
discretion. Each governmental entity that utilizes this solicitation or resulting contract will be responsible for execution of its
own requirements with the awarded vendor(s).
27. DRUG FREE WORKPLACE: Whenever two or more bids which are equal with respect to price, quality, and service are
received by Brevard County for the procurement of commodities or contractual services, a bid received from a business that
has implemented a drug free workplace program (per Florida Statutes Section 287.087) shall be given preference in the award
process.
28. LOBBYING STATEMENT: All firms are hereby placed on notice the County Commission and staff shall not be contacted
about this Bid. Firms and their agents are hereby placed on notice that they are not to contact members of the County
Commission or staff (with the exception of designated liaison). Public meetings and public deliberations of the Selection
Committee are the only acceptable forum for the discussion of merits of products/services requested by the Invitation to Bid;
and written correspondence in regard to Bids may be submitted to the County Manager. Each Bid will have one non-voting
staff member designated who will serve as the liaison. Failure to adhere to these requirements could result in Board action to
disqualify your firm from consideration of award.
29. PUBLIC ENTITY CRIMES: All bidders are hereby placed on notice that 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 repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO (currently $35,000) for
a period of thirty six (36) months from the date of being placed on the convicted vendor list.
30. SCRUTINIZED COMPANIES: Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for
foods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. A `scrutinized company" is one that is on
the "Boycott Israel List"; is on the scrutinized companies with activities in the Iran Petroleum Energy Sector List;
scrutinized companies with Activities in the Sudan List or engaged in business operations in Cuba or Syria. Both lists are
created pursuant to Section 215.473, Florida Statutes.
31. 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 or real property to a public entity, may
not award or perform work as a contractor, supplier, and may not transact business with any public entity.
32. LICENSE/CERTIFICATIONS AND PERMITS: The successful vendor will be required to secure, at its expense and show
proof of the proper business tax receipt and/or any other license/certification required of the applicable service/work being
performed. Prior to award, the apparent low bidder will be required to provide proof of license and/or certification within two
(2) business days of the posted awarded recommendation and submit copies of license/certifications to the Purchasing
Office. The Brevard County Contractor Licensing and Regulations Section is responsible for the county licensing of trades:
General Building, drywall, plumbing, electric, HVAC, roofing, etc. If you have questions concerning the licensing
requirements for a Brevard County contractor's license, please Contact the Brevard County Licensing Regulation and
Enforcement Office at (321) 633-2058, option 0, for any questions.
The awarded contractor shall fully comply with all federal and state laws, county and municipal ordinances and regulations in
any manner affecting the performance of the work. The successful vendor is responsible for obtaining all permits necessary to
construct the project. Brevard County does not exempt itself from permitting requirements. The Owner shall pay all Brcvard
County permit, inspection and impact fees required for the project or services required under this contract; all other fees for
permits required by agencies/municipalities other than Brevard County shall be the responsibility of the awarded
Contractor. A copy of issued permit shall be provided to the User Department of the County for their records_
33. ERRORS: In the event of extension error(s), the unit price will prevail. In the event of addition error(s), the extended totals
will prevail. In either case, the bidder's total offer will be adjusted accordingly.
34. CANCELLATION AND RE -INSURANCE: If any insurance should be canceled or changed by the insurance expiring during
the period of this bid award, the vendor shall be responsible for securing other acceptable insurance to provide the coverage
specified in the bid to maintain continuous coverage during the life of the award.
35. INCURRED COST: Brevard County is not liable for any cost incurred by any vendor prior to an award. Costs for developing
a response to this request for bid are entirely the obligation of the bidder and shall not be chargeable in any manner to Brevard
County.
36. MATERIALS/SUPPLIES: No materials or supplies for the work shall be purchased by the vendor or by any sub -contractor
subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller.
37. SUBCONTRACTORS: The vendor shall be fully responsible for all acts and omissions of his sub -contractors and of persons
and organizations directly or indirectly employed by them and of persons and organizations for whose acts and omissions of
persons directly employed by him.
38. VERBAL INSTRUCTIONS: No negotiations, decisions, or actions shall be initiated or executed by the vendor as a result of
any discussions with any County employee. Only those communications, which are in writing from an authorized County
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representative, may be considered. Only written communications from vendors, which are assigned by a person designated as
authorized to bind the company, will be recognized by the County as duly authorized expressions on behalf of the company.
39. LITIGATION VENUE: All litigation shall take place either in the State Courts of Florida, wherein venue shall lie in Brevard
County, Florida, or in the Federal Courts wherein venue shall lie in the Central District in and for the State of Florida. The
vendor expressly waives venue in any other location.
40. ADDITION, DELETION OR MODIFICATION OF SERVICES: The County reserves the right at its sole discretion to
increase, decrease, or delete any portion of this agreement/contract at any time without cause, and if such right is exercised by
the County, the total fee shall be reduced by a prorate basis. If work has already been accomplished on the portion of the
contract to be increased, decreased, or deleted, the contractor shall be paid for the correct portion on the basis of the estimated
percentage agreed upon by the County, the contractor, and the contract manager upon completion of such portion.
41. OPERATION DURING DISPUTE: In the event the County has not canceled the contract in accordance with the terms of the
contract, and there remains a dispute between the bidder and the County, the bidder agrees to continue to operate and perform
under the terms of the contract while such dispute is pending, and further agrees that, in the event a suit is filed for injunction or
other relief, it will continue to operate the system until the final adjudication of such suit by the court.
42. CONTRACT TERMINATION: The contract resulting from this bid shall commence upon issuance and acceptance of the
fully executed contract. The County user agency shall issue orders against the contract on an as needed basis. The contract
may be canceled by the vendor, for good cause, upon ninety (90) days prior written notice. The County retains the right to
terminate the contract, in part or in its entirety, with or without good cause, upon thirty (30) days prior written notice or as
stated herein. In the event of termination by either party as provided herein, the awarded vendor shall be paid for services
performed through the date of termination. For Contracts $1,000,000 and greater, if the County determines the Contractor
submitted a false certification under Section 287.135 (5) of the Florida Statutes, or if the Contractor has been placed on the
Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or the Scrutinized Companies that Boycott Israel List, the County shall either terminate the Contract after it
has given the Contractor notice and an opportunity to demonstrate the County's determination of false certification was in error
pursuant to Section 287.135(5)(a) of the Florida Statutes or maintain the Contract if the conditions of Section 287.135 (4) of the
Florida Statutes are met.
43. SPECIAL ACCOMMODATIONS: In accordance with the Americans with Disabilities Act and Section 286.26, F.S.,
persons with disabilities needing special accommodations to participate should contact the County Manager's Office no later
than 48 hours prior to any meeting at (321) 633-2001 for assistance.
44. BIDDER RESPONSIBILITIES: Bidders, by submitting a bid, certify that it understands all planning, coordinating, and
implementation of the described services shall be done through personal contact between the bidder and the contract manager,
and that telephone contact and mail correspondence may, in some cases, not be appropriate. County approved representatives
of the bidder shall be available to meet with the contract manager, as may be required, to accomplish the County's objectives as
effectively and efficiently as possible, during all phases of this agreement/contract/ bid.
45. SUPERVISION OF CONTRACT PERFORMANCE: The bidder's performance of the contract will be notified by the
contract manager. The bidder shall be notified of lack of performance in writing by the contract manager. If at any time during
the term of the contract, performiance satisfactory to the contract manager shall not have been made, the bidder, upon written
notification by the contract manager, shall within three (3) days increase the force, tools and equipment as needed to properly
perform the contract. The failure of the contract manager to file such notification shall not relieve the bidder of the obligation
to perform the work at the time and in the manner specified by the contract. If the bidder does not increase the force or
neglects to do the work properly, the contract manager can withhold a percentage of payment or withhold the entire dollar
amount due as per the contract.
46. MISUNDERSTANDING: To prevent misunderstanding and any litigation, the contract manager shall decide any and all
questions, which may arise concerning the quality and acceptability of the work, and services performed, the sufficiency of
performance, the interpretation of the provisions of the contract, and the acceptable fulfillment of the contract on the part of the
bidder. The contract manager will determine whether or not the amount, quantity, character and quality of the work performed
are satisfactory, which determination shall be final, conclusive and binding upon both the bidder and the County. The contract
manager shall make such explanation as may be necessary to complete, explain, or make definite the provisions of the contract,
and his findings and conclusions shall be final and binding upon both parties.
47. GREEN PROCUREMENT POLICY: The Board of County Commissioners approved a "green procurement" policy in
March 2004 to establish procurement requirements that promote the purchase and use of Environmentally Preferred Products as
defined by the United States Environmental Protection Agency. Environmentally Preferred Products (EPP) are those products
and services that have a reduced effect on the human health and the environment when compared to other products and services
that serve the same purpose. EPP produces encourage (1) waste reduction; (2) reduced exposure to hazardous materials; (3)
natural resource conservation; and (4) energy efficiency.
48. MONITORING OF WORK: The bidder shall provide the contract manager with every reasonable opportunity to ascertain
whether or not the work, as performed, is in accordance with the requirements of the contract. The bidder shall designate, in
writing, a person to serve as liaison between the bidder and the County.
49. PROMPT PAYMENT: For payment promptness, Brevard County shall remit payment in accordance with the Florida Prompt
Payment Act, Florida Statutes section 218.70, et seq. Brevard County does not expect to be billed in excess of the ordered
quantity and will not pay for any quantity above the ordered quantity. Any order placed as a result of this quotation will be
subject to Billing Instructions and Conditions on the face of the Brevard County Purchase Order form. Bidders may offer cash
discounts for prompt payment but they will not be considered in determination of award. If a bidder offers a discount, it is
understood that the discount time will be from the date of satisfactory delivery, at the place of acceptance, and receipt of
correct invoice, at the office specified, whichever occurs last. Requests for final payment for any work or services for which a
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permit is required shall include a copy of all required permits and copies of all required inspection reports. Failure to provide
proof of acquisition of all required permits and successful completion of all required inspections shall represent an incomplete
invoice and will delay payment.
50. RIGHT TO AUDIT RECORDS: In performance of this Agreement, the Contractor shall keep books, records, and accounts of
all activities related to the Agreement, in compliance with generally accepted accounting procedures. All documents, papers,
books, records and accounts made or received by the contractor in conjunction with the Agreement and the performance of this
Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be
retained by the contractor for a period of three (3) years after termination of this Agreement, unless such records are exempt
from section 24(a) of Article I of the State Constitution and section 119.07(1) Florida Statutes.
51. UNAUTHORIZED ALIEN WORKS: Brevard County will not accept bids from vendors who knowingly employ
unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a (e)
(Section) 274A (e) of the Immigration and Nationality Act "INA". The County shall consider a vendor's intentional
employment of unauthorized aliens as grounds for immediate termination of any awarded bid.
52. FLORIDA PUBLIC RECORDS LAW: Both parties understand that the County is subject to the Florida Public Records
Law, Chapter 119, Florida Statutes and all other applicable Florida Statutes. If the materials provided by the Contractor do not
fall under a specific exemption, under Florida or federal law, materials provided by the Contractor to the County would have to
be provided to anyone making a public records request. It will be the bidder's duty to identify the information, which it deems
is exempt under Floridalfederal law, and identify the statute by number, which exempts that information. Should any person or
entity make a public request of the County which requires or would require the County to allow inspection or provide copies of
records which the Contractor maintains are exempt from Public Records Law or are confidential, it shall be the Contractors
obligation to provide the County within 24 hours (not including weekends and legal holidays), of notification by the County to
the Contractor of the request, of the specific exemption or confidentiality provision so the County will able to comply with the
requirements of Fla. Stat. 119.07(1)(e) and (f). Should the County face any kind of legal action to require or enforce inspection
or production of any records provided by the Contractor to the County which the Contractor maintains are exempt or
confidential from such inspection/production as a public record, then the Contractor shall hire and compensate attorney(s) who
shall represent the interest of the County as well as the Contractor in defending such action. The Contractor shall also pay any
costs to defend such action and shall pay any costs and attorney fees, which may be awarded pursuant to Fla. Stat. 119.12.
All material submitted becomes the property of the County and may be returned only at the County's option. The County has
the right to use any or all ideas presented in any reply to this ITB. Selection or rejection of any bid does not affect this right.
53. LOCAL PREFERENCE: The Board of County Commissioners of Brevard County, Florida amended the Resolution for a
local business preference policy. Businesses located within Brevard County will be given preference through the current
procedures established by the resolution as amended. Businesses with an established and permanent physical location within
Brevard County having a responsive and responsible bid within 5% of the lowest responsive and responsible non-local bid shall
be given an opportunity to match the low bid. It is understood that the preference applied with the bid is for the Brevard
County Board of County Commissioners only, and is valid only for the bid specified. The bidder also understands that failure
to maintain the requirements of the Local Vendor Eligibility through completion of the awarded bid or contract may be grounds
for immediate termination and may be used for consideration in fixture awards. Local Preference Resolution is available for
review on Purchasing Services website: ht!p:/,www.brevardfl.gov/CentralServices/Purchasiii ..
54. PREFERENCE GIVEN TO COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN FLORIDA: In
accordance with Florida Statute 287.082, whenever two or more competitive sealed bids are received, one or more of which
relates to commodities manufactured, grown, or produced within this state, and whenever all things stated in such received bids
are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this state shall
be given preference.
55. COUNTY SEAL: Use of the County Seal without the express approval of the Board of County Commissioners is a violation
of section 165.043 Florida Statutes punishable as a misdemeanor.
56. TIE BIDS: Award of all tie quotes/bids shall be made by the Purchasing Manager in accordance with State Statutes, which
allows a fiml certified as a Drug Free Workplace to have precedence. When evaluation of vendor responses to solicitations
results in identical offers, with regards to bids or quotations, or identical ranking with regards to proposals, from two or more
vendors, the County shall determine the order of award using the following criteria in order of preference listed below (from
highest priority to lowest priority):
a. For tie bids, quotations or proposals, priority shall be given to the vendor certifying that he/she is a Drug-Free Workplace
as defined within §287.087, Florida Statutes;
b. Should a tie still exist, in the case of proposals only, priority shall be given until the tie is broken, to the vendor with the
highest total of raw scores for each evaluation criteria, progressing from the highest weighted criteria to the lowest rated
criteria. If multiple evaluation criteria have identical weights, the combined total weights of the identically weighted
criteria shall be used;
c. Should a tie still exist for bids, quotations or proposals, priority shall be given to the vendor having a verified business
establishment within the boundaries of Brevard County, Florida;
d. In the event that a tie still exists after progressing through a-c, the decision shall be made by lot or coin toss. The drawing
of lots or coin toss shall be conducted in the presence of the effected bidders if they elect to be present.
57. VENDOR COMPLAINTS AND DISPUTES: Brevard County encourages prompt and fair handling of all complaints and
disputes with the business community. In order to resolve disputed matters in an equitable manner, the following procedures
are adopted:
I. PostinE of Award Notices
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A. FORMAL SEALED BIDS/QUOTES: No later than three (3) business days after a bid opening the Purchasing
Manager or his/her designee shall post a tabulation of competitive sealed bids/quotes on a bulletin board located in or near
the Purchasing Services Office. The apparent low bid/quote will be the intended award recommendation. If after posting
the tabulation, the apparent low bid/quote is found to be non-responsive to the specifications, the formal award
evaluation will be posted. The time for filing a protest will begin the date of the later posting.
B. FORMAL SEALED PROPOSALS: No later than three (3) business days after the selection committee
recommendations are finalized, the Purchasing Manager or his/her designee shall post the selection committee's rankings
and recommended award for bids.
II. Proceedings
A. Any bidder, quoter, or proposer who is allegedly aggrieved in connection with the solicitation or pending award of a
contract must file a formal written protest with the Purchasing Manager within five (5) business days of the posted award
recommendation.
B. The formal written protest shall reference the bid/quote/proposal number, and shall state with particularity the facts and
laws upon which the protest is based, including full details of adverse effects and the relief sought.
C. Within seven (7) calendar days of receipt of the formal written protest, the Purchasing Manager will arrange a meeting
of the Protest Committee and the affected parties. The Protest Committee shall consist of two (2) Department Directors or
designees, both of whom must be from an organizational group which the user department or group is not assigned; one
(1) Assistant County Manager, who must be from an organizational group which the user department or group is not
assigned under. The Purchasing Manager shall act as a non-voting Hearing Coordinator and the County Attorney or
designee may be requested to attend as a non-voting member. The Purchasing Manager or designee record the meeting
and provide any information as the committee may request. The purpose of the meeting of the Protest Committee is to
provide an opportunity to: (1) review the basis of the protest, (2) evaluate the facts and merits of the bid protest, and (3) if
possible, to reach a resolution of the protest that is acceptable to the affected parties. For the purpose of the Protest
Committee hearing, resolution shall mean that the Protestor finds the decision of the Protest Committee acceptable.
D. In the event the matter is not resolved with the Protestor's acceptance of the Protest Committee's decision, the
Purchasing Manager will schedule the recommended award including the details of the protest and the Protest
Committee's recommendation before the Board of County Commissioners via Board Agenda. The County Manager, prior
to approval and placement on the Board agenda, may elect to resolve the matter before presentation to the Board. In the
event that the County Manager cannot bring the matter to resolution, a copy of the Agenda Report shall be furnished
immediately to all affected parties. The affected parties may appear before the Board of County Commissioners as a final
means of administrative remedy.
III. Stay of Procurements During Protests
Failure to observe any or all of the above procedures shall constitute a waiver the right to protest a contract award. In the
event of a timely protest under the procedure, the County shall not proceed further with solicitation or with the award until
a recommendation is made by the Committee, or a written determination is made by the County Manager that the award
must be made without delay in order to protect the public interest. Invoice disputes between an awarded vendor and user
agency will follow the guidelines set forth in AO-33, Prompt Payment oflravoices.
BULK MULCH WITH DELIVERY AND INSTALL
132-18-25
SPECIAL CONDITIONS
1. INTRODUCTION
Brevard County Purchasing Services on behalf of Public Works department is soliciting bids from qualified
contractors to provide approximately 1500 cubic yard (CY) of single or double shredded Premium Gold mulch for
delivery and installation on designated roadway medians at fifteen (15) countywide locations divided into four
districts and other areas deemed appropriate for application.
2. TERM
The term period shall be for a period of one (1) year from date of award, during which time the pricing shall
remain firm under the same terms, conditions, and delivery requirements. The agreement may be extended by
mutual agreement, for an additional one (1) year period with the option to negotiate pricing, terms and conditions.
Brevard County will notify the Vendor in writing ninety (90) days prior to the expiration of the agreement as to its
intent to renew the agreement.
3. DELIVERY
The CY pricing shall be for delivery, unloading, and installation shall be F.O.B. destination, freight prepaid and
allowed including all packing, shipping, handling, and fuel surcharges.
Delivery is required within fifteen (15) days after receipt of notice of order, provided by the Public Works
designated representative.
4. PRE-BID CONFERENCE MEETING
A pre-bid meeting will be held on February 12, 2018 (a-) 10:00am in the Purchasing Services conference room,
located at Brevard County Government Center, 2725 Judge Fran Jamieson Way, Bldg. C, 3`d fir, Viera, FL
32940. This meeting is held to clarify specifics of the desired scope of work. It is highly recommended any
interested vendors attend.
5. INFORMATION OR CLARIFICATION
For information concerning procedures for responding to this bid, contact Kimberley Phillips, Purchasing Services
at 321-617-7390 or by email at kimberlev.phillips(d)brevardfl.gov. Such contact shall be for clarification
purposes only. Material changes, if any, to the specifications will be transmitted by written addendum through
Purchasing Services and posted to the County website at www.brevardfl.gov/CentralServices/Purchasing/current-
bidding-opportunities. The County will not notify bidders of addenda. It is the sole responsibility of the bidder to
check the website prior to submitting a bid to verify receipt of all documents to include written addendum.
Bidders shall promptly notify Purchasing Services, prior to submission of their bid, of any ambiguity, inconsistency
or error, which they may discover upon examination of the bid documents. No interpretation of the meaning of
specifications or other documents will be made to any bidder orally, nor may bidder rely on any such pre-bid
statements in completing the bid. Every request for such interpretation must be in writing addressed to
Purchasing Services at 2725 Judge Fran Jamieson Way, Bldg. C, Suite 303, Viera, Florida, 32940, or emailed to
the attention of Kimberley at kimberlev.phillips(a?brevardfl.ciov. To be given consideration, such requests must
be received in writing no later than five (5) business days prior to the date for opening of the bids.
6. BID SUBMITTAL
Bids must be received by Brevard County Purchasing Services, 2725 Judge Fran Jamieson Way, Bldg. C, Suite
C303, Viera, FL 32940 no later than February 22, 2018 (a. 3:00pm. Proposal must be submitted on County
format to be considered. The official time clock will be the date and time stamp clock located in the
Purchasing Office.
Bidders shall be submitted with one (1) "Original' clearly marked and one (1) copy. Paper documents must be
provided, but should be accompanied by an equivalent electronic PDF file.
Note* Please ensure that if you use a third party carrier (DHL Express, FedEx, UPS, USPS, etc.) that
they are properly instructed to deliver your bid only to Purchasing Services on the third (3rd) floor at the
above address. Vendors are advised that U.S. Postal Service 1St Class and Express mail is
delivered to a P.O. Box and is not delivered to the Purchasing Services Office. Delivery via the
USPS is at the Vendor's risk. To be considered, a bid must be accepted in Purchasing Services
no later than the ITB closing date and time. If the bid is delivered anywhere else, it may not reach
Purchasing Services in time.
Delivery of Bid - All bids shall be sealed and delivered, or mailed to (FAX OR EMAIL Bids will NOT be accepted):
Brevard County Purchasing Services
2725 Judge Fran Jamieson Way, Bldg. C, Room #303
Viera, Florida 32940
Mark package(s): ITB No. #132-18-25, BULK MULCH WITH DELIVERY & INSTALL
8. M.O.T. CERTIFICATION
a) M.O.T. certified employee is required to be present during performance of maintenance services to ensure
safe flagging procedures for traffic safety is adhered to in accordance with all Federal Health and Safety laws
currently in effect and the Manual of Uniform Traffic Control Devices as specified by Florida Department of
Transportation. CQpy of M.O.T. employee certificate is to be submitted with bid
b) All work performed shall conform to the Manual of Uniform Traffic Control Devices, as specified by Florida
DOT.
c) Vests will be worn at all times while performing work in the public right-of-way.
d) Signs and traffic cones will be placed in close proximity to workers at all times while performing work in the
public right-of-way.
e) No sub -contracting of MOT.
9. INVOICING AND PAYMENTS
The County shall pay the awarded Contractor for services provided under this agreement as provided on the
Price Sheet submitted by the Contractor. Upon completion of the work performed in accordance with section, an
original invoice shall be submitted by the Contractor to Brevard County which identifies: the date, location, scope
of service provided, and cost. The County shall remit payment in accordance with the Florida Prompt Payment
Act, Florida Statute Section 218.70, et seq.
10. CONTRACTOR PERSONNEL & SAFETY
All personnel employed by the contractor shall at all times present a neat appearance, be competent in their skills,
be professional in their public behavior while performing their duties, and be courteous to the general public and
Brevard County employees. Contractor's employees shall not identify himself or herself as being employees of
Brevard County. The contractor's employees shall be thoroughly trained in all phases of the work to be performed
under this contract. In the event of any difficulty with the public or Brevard County employees by the contractor,
the Contract Administrator shall be notified immediately. Any contractor employee deemed by the Contract
Administrator to be incompetent, discourteous, or otherwise objectionable shall be reported to the contractor's
supervisor who shall take immediate action to discipline said employee, up to and including removal from this
contract.
A. All materials and performance of work will meet all Federal Health and Safety laws currently in effect
B. Maintenance work shall be scheduled to provide the least inconvenience to occupants of the buildings and
passers-by.
C. If the County, in the best interest of public safety, deems signs, barricades or traffic control cones necessary,
such items will be procured and placed on site during service by the contractor at the County's direction. Any
injury to an individual of the general public as a direct result of the contractor's operations on County property
must be reported immediately to the Contract Administrator.
D. Any damage to County property or private property, which has occurred as direct result of the contractor's
operations on County property, must be reported immediately to the Contract Administrator. In the event
damage is done to County property by the contractor during the course of the mowing operations and such
damage is not repaired within a reasonable length of time by the contractor, and upon such notification to the
contractor, the County shall reserve the right to make such repairs and bill or deduct from payment to the
contractor the cost of such repairs.
11. REFERENCES - Bidder shall provide a minimum of three (3) references of verifiable commercial accounts that
have been serviced by the bidding company that demonstrate services are currently being performed without
complaint, and the Bidder's ability and willingness to resolve customer's complaints is handled expeditiously and
professionally. The Reference Form attached must be completed to reflect this in order to be considered for an
award. Information shall include: contact person(i.e., owner, director, supervisor, or manager) including telephone
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numbers, fax numbers, and/or email address, address, contract date period, and any contract terminations using
the attached Reference Form (no confidential information will be requested). This information must be
accurate and completed in order to be considered for an award to prove that the Bidder is providing
service to a satisfactory standard. Written references cannot be substituted. If using Brevard County as
a reference, only one (1) department will be considered. Brevard County reserves the right to decide the
similarity and comparability of the submitted project descriptions to this bid submittal and to reject a bid on
the basis of lack of prior experience.
Note: A contact person shall be someone who has personal knowledge of the bidder's performance for the
speck requirement listed. Contact person must have been informed that they are being used as a
reference and that the County may be calling them. DO NOT list persons who will be unable to answer
specific questions regarding the requirements. Failure of references to reply to inquiries could have a
detrimental impact on bid response.
12. SUBCONTRACTING:
THERE SHALL BE NO SUBCONTRACTING OF ANY SERVICES IN THIS CONTRACT.
13. If the apparent low bidder cannot provide adequate documents for review, or the submitted documents give
indications of a non -stable or unqualified company, the contractor will be rejected and the apparent second low
BIDDER will be contacted and posted as apparent low bidder. This process will continue until the lowest responsive,
qualified BIDDER is established.
14. WORK HOURS: The contractor agrees to fulfill all of its obligations under this contract during safe daylight hours
— Monday through Saturday (excluding legal holidays), between the hours of 7:OOam and 4:OOpm. The contractor
shall perform no maintenance activities during legal holidays without the prior permission of Brevard County. The
contractor agrees to give Brevard County sufficient advance notice to request to perform maintenance on legal
holidays or during overtime hours to allow Brevard County to assess the impact that such maintenance would
have.
15. AWARD
As in the best interest of the County may require, the right is reserved to make award(s), to the most responsible
bidder/proposer, by individual items, all or none, or a combination thereof, on a geographical basis and/or on a
countywide basis with one or more suppliers, to reject any and all proposals or waive any minor irregularity or
technicality in the proposals received.
a
BULK MULCH WITH DELIVERY AND INSTALL
B2-18-25
SCOPE OF SERVICES
Qualified contractors to provide approximately 1500 cubic yard (CY) single or double shredded Premium
Gold mulch for delivery and installation on designated roadway medians at fifteen (15) countywide locations
divided into four districts:
District
Location
Estimated Quantity
District 1
Fay
50
SR 520 Cocoa
50
Grissom
30
SR 405
320
Hwy US#1: Mims
50
Elkcam
20
Shepard
5
Port St John PSJ Connector
75
District 2
SR 520: Merritt Island
420
SR 3: Merritt Island
30
Merritt Park Place
75
District 3
Dairy Rd
50
District 4
South Patrick Shores
200
Wickham Road
75
Pineda
50
2. M.O.T. CERTIFICATION:
a. M.O.T. certified employee is required to be present during performance of maintenance services to
ensure safe flagging procedures for traffic safety is adhered to in accordance with all Federal Health and
Safety laws currently in effect and the Manual of Uniform Traffic Control Devices as specified by Florida
Department of Transportation. Copy of M.O.T. employee certificate is to be submitted with bid.
b. All work performed shall conform to the Manual of Uniform Traffic Control Devices, as specified by
Florida DOT.
c. Vests will be worn at all times while performing work in the public right-of-way.
d. Signs and traffic cones will be placed in close proximity to workers at all times while performing work in
the public right-of-way.
e. No sub -contracting of MOT.
3. PRODUCT:
Mulch is to be single or double shredded (depending on location and use) that has NOT been previously
chipped. Awarded contractor will be notified at time of order what type of shredded mulch is desired.
a. Mulch is to be free of debris foreign to this material.
b. Certified (optional): Brevard County is interested in knowing if the mulch holds any of the following
certifications:
i. IPEMA ASTM F2075-04 — meets tramp metal test and sieve analysis
ii. ADA ASTM F1951 —wheelchair accessible safe
iii. Passed chemical testing for CCA -treated wood contaminants
5. GENERAL CLEAN-UP:
All medians, roads, etc. will be blown clean after each service. All mulch and other landscape debris will
be removed from the premises after each service.
6. DEPARMENT REPRESENTATIVE:
The designated Public Works representative is Jason Kelly. Contact information: CELL: 321-626-6175;
Email: iason.kelly65?brevardfl.gov. .
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BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS
INDEMNIFICATION AND INSURANCE REQUIREMENTS
BULK MULCH WITH DELIVERY AND INSTALL
82-18-25
INDEMNIFICATION
The County shall be held harmless against any and all claims for bodily injury, sickness, disease, death, personal injury,
damage to property or loss of use of any property or assets resulting therefrom, arising out of or resulting from the
performance of the products or from the services for which the County is contracting hereunder, provided such is caused in
whole or in part by any negligent act or omission of the vendor, or any subcontractor or any of their agents or employees, or
arises from a job-related injury.
The vendor agrees to indemnify the County and pay the cost of the County's legal defenses, including fees of attorneys as
may be selected by the County, for all claims described in the hold harmless clause herein. Such payment on behalf of the
County shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the
County's exclusive remedy.
It is agreed by the parties hereto that the Vendor has received specific consideration under this agreement for this hold
harmless/indemnification provision.
INSURANCE REQUIREMENTS
The vendor providing services under this agreement will be required to procure and maintain, at their own expense and
without cost to the County, until final acceptance by the County of all products or services covered by the purchase order or
contract, the following types of insurance. The policy limits required are to be considered minimum amounts:
General Liability Insurance policy with a $1,000,000 combined single limit for each occurrence to include the following
coverage: Operations, Products and Completed Operations, Personal Injury, Contractual Liability covering this contract,
"X -C -U" hazards, and Errors & Omissions.
Auto Liability Insurance, which includes coverage for all owned, non -owned and rented vehicles with a $1 400,000
combined single limit for each occurrence.
Workers' Compensation and Employers Liability Insurance covering all employees of the vendor and subcontractors, as
required by law.
In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance
requirements, the vendor shall also be protected by a Professional Liability Insurance Policy in the amount of !1.000}2d0
per claim.
In the event the contract involves services related to construction projects, the vendor shall also procure and maintain a
Builders Risk Insurance Policy or Installation Floater with loss limits equal to the value of the construction project.
In addition to the above, Specialty Insurance policies covering specific risks of loss (including but not limited to, for
example; Longshore coverage, Crane and Rigging, Inland Marine, etc.) may be required by Brevard County Insurance
and Risk Management. Any additional specialty insurance coverage requirement will be dictated by the specific goods,
products or services provided wider the subject contract and insurance underwriting standards, practices, procedures or
products available in the commercial insurance market at the time of the contract inception. The Vendor is required to
procure and maintain all such specialty coverage in accordance with prudent business practices within the Vendors
industry.
The awarded vendor shall have five (5) days to provide certificates of insurance to the County demonstrating that the
aforementioned insurance requirements have been met prior to the commencement of work under this contract. The
certificates of insurance shall indicate that the policies have been endorsed to cover the County as an additional insured (a
waiver of subrogation in lieu of additional insured status on the workers compensation policy is acceptable) and that these
policies may not be canceled or modified without thirty (30) days prior written notice to the County.
The insurance coverage enumerated above constitutes the minimum requirements and shall in no way lessen or limit the
liability of the vendor under the terms of the contract. Sub -Contractor's insurance shall be the responsibility of the vendor.
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