invitation to bid itb #17 02 fencing due date: october...
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ITB 17-02
INVITATION TO BID
ITB #17‐02 Fencing Due Date: October 19, 2016 @ 10:00 a.m.
Flagler County School Board is requesting sealed bids for Fencing. The contract will be awarded for a period of three (3) years, and may by mutual agreement between the School Board and the awarded vendor, be renewable for up to three (3) additional one (1) year periods. All terms, specifications and conditions set forth in this invitation are incorporated by this reference into your response. A bid will not be accepted unless all conditions have been met. Bids shall be delivered in a sealed envelope to the attention of the Purchasing Department, Flagler County School Board, 1769 East Moody Blvd., Bldg. #2., by the due date and time referenced above, at which time and place the bids will be publicly opened and the names of the bidders will be read. All consultants or their representatives are invited to attend the bid opening. The ITB document can be obtained via the District website, http://flaglerschools.com/district/current‐bids. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72‐hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.
Submit bids to: Attn: Kelly Conard
Flagler County School Board Purchasing Department
1769 East Moody Blvd., Bldg. #2 Bunnell, FL 32110
ITB 17-02
SECTION 1 – GENERAL INFORMATION GENERAL: Flagler County School Board is soliciting bids to provide a three (3) year contract for Fencing on a district wide basis, which may by mutual agreement between the School Board and the awarded vendor, be renewable for up to three (3) additional one (1) year periods. The bid is for Fencing at various schools and facilities throughout the District. All work performed under this bid will be on an as‐needed basis. The School Board makes no guarantee of a specific volume of work to be performed under this bid. RETURN TO: Attn: Kelly Conard Flagler County School Board Purchasing Department 1769 East Moody Blvd., Bldg. #2 Bunnell, FL 32110 QUESTIONS: Any questions concerning conditions and specifications shall be directed in writing to the attention of Kelly Conard, Purchasing Department, Flagler County School Board, 1769 East Moody Blvd., Bldg. #2., or via email at [email protected]. Questions must be received no later than the deadline mentioned in the schedule below. Inquiries must reference the ITB due date, title and number. Interpretations of the ITB, clarifications of specifications and requirements or changes to the ITB shall be communicated only by written addenda. Verbal responses to bid questions do not constitute an official position unless documented in the form of written addenda and shall be considered inadmissible in protest proceedings. All such written addenda will be summarized in the Acknowledgement of Addenda document, which shall be signed and returned with the ITB bid by the opening date and time. Failure to return the Acknowledgement of Addenda may constitute cause for rejection. SCHEDULE: The following dates and activities identify proposed project schedule objectives (subject to modification):
Advertisement September 14, 17 and 21, 2016
Question Submission Deadline October 5, 2016 @ 4:00 p.m.
Answers to Questions/Addendums October 12, 2016
Sealed Bids Due October 19, 2016 @ 10:00 a.m.
Evaluation of Bids October 19, 2016
Recommendation to Board for Approval November 1, 2016
Contracts to Board for Approval TBD
SECTION 2 ‐ SCOPE OF WORK General Flagler County School Board is soliciting bids to provide a three (3) year contract for Fencing, which may by mutual agreement between the School Board and the awarded vendor, be renewable for up to three (3) additional one (1) year periods. The bid will be used at various schools and facilities throughout the District. All work performed under this bid will be on an as‐needed basis. The School Board makes no guarantee of a specific volume of work to be performed under this bid. The bid is for the purchase and installation of galvanized chain link, vinyl and ornamental fencing and gates; purchase and installation of other
types of fencing; and the demolition and removal of existing fencing. All materials used by the awarded vendor(s) must comply with current
ASTM/ANSI standards. This Section of the Specifications is intended to cover the furnishing of all labor, materials, equipment, and/or
incidentals necessary to the completion of all requirements of the drawings, notes, schedules, and these specifications concerning fencing,
gates and grilles including all posts, brackets, and accessories and the installation thereof.
ITB 17-02
1.0 Chain Link Fencing
1.1 Material and Components
1. Framework Material: Schedule 40 steel pipe, standard weight; ASTM A 120.
2. Fabric: CLFM1 Standard Industrial Service; ASTM A 392 zinc‐coated steel, 2 inch diamond mesh, 9 gauge interwoven; FS RR‐F‐191,
Type 1. Top selvage knuckle end closed, bottom selvage knuckle end closed.
3. Tension Wire: Steel, single strand, 6 gauge thick.
4. Finish: Galvanized, 1.8 oz/sq ft coating, ASTM A 123.
5. Anchorage: Concrete Anchorage for posts.
6. Line Posts: 2.38 inch diameter steel pipe, 14 gauge, one piece, without joints.
7. Corner and Terminal Posts: 2.88 inch diameter steel pipe, 14 gauge, one piece, without joints.
8. Fence Posts: Schedule 40 in the following sizes: 2” x 8’; 2 ½ x 8’; 3” x 8’; 4” x 10’6”; 6 5/8” x 10’6”; 8 5/8” x 10”6”.
9. Top and Brace Rail: 1.66 inch diameter, plain end, sleeve coupled pipe.
10. Gate Frame: 1.66 inch diameter for welded fabrication.
11. Caps: Cast steel galvanized, sized to post diameter, set screw retainer.
12. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners, and fittings: steel.
13. Gate Hardware: ASTM A 153; fork latch with gravity drop, center gate stop and drop rod for double gates, three 180 degree gate
hinges per lead, and hardware for padlock. Clam shell or Boxed hinged for 90 degree gates.
1.2 Installation
1. Maximum variation from plumb: 1/4 inch 2. Maximum offset from true position: One (1) inch 3. Components shall not infringe on adjacent property lines. 4. Install framework, fabric and accessories in accordance with ASTM F567 and manufacturer’s instructions. 5. Set terminal and posts plumb in concrete footings with top of footing 6 inches below finish grade. Embed posts a minimum 2 feet into concrete. 6. Provide top rail through line posts and splice with 7 inch long rail sleeves. 7. Stretch fabric between terminal posts or at all intervals of 100 feet maximum, whichever is less. 8. Position bottom of fabric one inch above finish grade. 9. Fasten fabric to top rail, line posts, and braces and bottom tension wire on rail with wire ties maximum 15 inches on center. 10. Attach fabric to end and corner posts with tension bars and tension bar clips. 11. Install bottom tension wire stretched taut between terminal posts. 12. Brace each gate and corner posts to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and post gates. 13. Provide gate posts: 2” x 8’; 2 ½ x 8’; 3” x 8’; 4” x 10’6”; 6 5/8” x 10’6”; 8 5/8” x 10”6” as applicable. 14. Install gate fabric to match fence. Install three hangars, latch, catches, drop hold torsion spring retainer. 15. Provide concrete center drop to footing depth and drop and retainers at center of double gate openings.
1.3 System Description
1. Fence Height: 4 feet and 6 feet 2. Line Post Spacing: At intervals not exceeding 8 feet
1.4 Fencing Other Than Chain Link
Material specifications and installation requirements for other types of fencing will be determined by the District’s Maintenance Department on a per job basis. All materials and installation requirements must adhere to ASTM/ANSI standards as applicable for the particular type of fencing.
1.5 Demolition and Removal of Existing Fencing
1. Demolition and removal of existing fencing includes the removal of fencing and related materials from the work site.
ITB 17-02
2. The awarded vendor(s) will be required to dispose of all fencing material in accordance with all applicable, rules, regulations, ordinances and laws governing the disposal of fencing material. Material may NOT be disposed of on District property unless approved by the FCSD. The district may ask any unused fencing be dropped off at our warehouse for future projects.
2.0 Ornamental Fencing
2.1 Shop Drawings and Samples
Complete and detailed shop drawings indicating profile, locations, size, material, finish, and details of installation of all handrails and accessories shall be submitted for approval. No fabrication shall be done until approval of Shop Drawings is obtained.
2.2 Design Criteria
All fencing and gates shall be designed, manufactured and installed to carry 200 pounds per linear foot downward force at top rail, 50 pounds per linear foot horizontal force applied at the top rail and 25 pounds per square foot at center panel sections.
2.3 Fence, Gates, and Grilles
1. Furnish and install fence, gates and grilles of sizes as shown on the drawings. As a basis for design, the fence, gates, posts, and fittings are based on those manufactured by Metalco (800) 708‐2526, Model # LISTON or equal. Products and grilles by other manufacturers or fabricators meeting these specifications will be acceptable. Fencing, gates, and grilles shall be manufactured from galvanized steel or heavy‐duty aluminum, load specifications as per the above specified with a baked on polyester resin coating. Color to be selected by Architect. All connections will be either welded or riveted where appropriate and provide anchoring systems to accommodate the field connection. Ameristar Fence Products (1‐918‐835‐0898) is an approved equal. Montage Fencing is an approved equal.
2. Components: Fence, gates and grilles shall be Liston model with vertical elements of cold pre‐bent tubular steel 3/4" diameter gauge 0.060 inches. Horizontal elements one tubular steel diameter 1‐1/8” gauge 0.060 fence panels to be 46‐1/2” high.
3. Provide pre‐engineered protective cage/grilles over gable end louvers and roof/wall ventilators subject to damage due to high wind projectiles on EHPA building and where identified in the construction documents. Protective units to be painted the same color as the substrate it is anchored to.
4. Steel and Iron Ornamental Metal Work: Field verify and measure actual size of depressions in concrete tilt wall and other construction contiguous with ornamental metal prior to fabrication. Coordinate all installation of anchorages for ornamental metal items. Furnish setting drawings, templates, and directions for installing anchorage including sleeves, inserts, anchors, bolts and items with integral anchors that are to be embedded in concrete or masonry.
2.4 Cantilever Gates 1. Gate Frame: The entire frame and support members shall be manufactured with the same aluminum material, alloy and temper
6061‐T6 (ASTM 1184). Fabricate chain link cantilever slide gates in accordance with ASTM F‐1184, using 2’ Schedule 40 galvanized
outside vertical members. Members are welded together with a continuous top track and bottom rail to form a rigid one piece
frame. Vertical interior support uprights will be positioned equally throughout the frame structure. There shall be no openings in
any frame work. The cantilever overhang will be 40% or greater for any given opening size.
2. Chain link fabric 2” x 9 gage Knuckle Fabric shall be installed over the entire gate length (UL‐325) which will create a universal
design (gate can be used for right or left hand applications). Fabric will be attached securely with tension bars that are attached
on either frame end by tension bands. High tensile wire will provide additional fabric support across the top and bottom of the
gate structure.
3. Wheel Assemblies shall be malleable or ductile Steel housing with Nylon wheels with protective covers. One top and bottom
assembly shall be attached to each guide post.
4. Gate posts shall be 4” OD schedule 40 pipe with top caps on all post. Two support posts and 1 latch post shall be installed. A 3
foot 3/16” GA30 Galvanized chain shall be welded to the end post to secure the gate.
5. Gate posts Footing shall be set in concrete (3000 psi compressive strength). The footing shall be 16” in diameter with depth
approximately 6” deeper than the post bottom. Deeper footing may be required in areas with loose or soft soil. Set post bottom at
least 36” below the surface. Posts must be plumb. Install gates plumb, level and secure for the full opening size making sure they
move free of obstructions. Adjust hardware for smooth operation.
ITB 17-02
2.5 Installation and Workmanship 1. All work shall be of the finest quality and shall be fabricated in a shop whose principal business is the manufacture of the highest‐
grade ornamental metal work. 2. Fencing, gates and grilles shall be shipped completely pre‐finished with all necessary accessories, ready for installation. 3. The fence, gates and grilles shall be rigidly and securely installed in a first class manner by mechanics experienced in the erection
of ornamental metal. All fasteners, screws, and fittings shall be drawn tightly. 4. Joints shall be accurately machined to be sharp and true and free from discolorations, Welds to be ground smoother prior to
receiving protective coatings. 5. Caulk all joints and gapes of dissimilar materials the metal will penetrate to achieve its intended anchoring surfaces to insure a
watertight installation. 6. All work areas will be clean and free of debris, tools and material daily. 7. After the work is completed, the Contractor to clean or repair any damage that can be attributed to the Contractor's workmen.
3.0 Vinyl Fencing 3.1 Work Included
1. Fence sections including pickets, rails, posts, and caps 2. Gates and related hardware 3. Excavation and anchorage for posts
3.2 Quality Assurance
1. Cell classification ‐ ASTM D1784 ‐ 14344B 2. Tensile Strength ‐ 6,500 psi ‐ ASTM D638 3. Izod impact (ft. lbs/in notch) 23'C ‐ 5.0 O'C ‐ 2.0 ‐ ASTM D256 4. Tensile modulus 425,000 psi ‐ ASTM D638 5. Deflection Temperature 67° C ‐ ASTM D648 6. Thermal expansion 3 x 10.5 in / in F
3.3 Submittals
1. Manufacturer's technical literature with fence and gate installation instructions 2. Shop drawings showing fence design 3. Material samples if requested
3.4 Materials
1. The fence is constructed with materials made of rigid Poly Vinyl Chloride (PVC) formulated to resist impact and for Ultra Violet
(UV) stabilization
2. The extruded product meets or exceeds ASTM DI 784
3.5 Manufacturer 1. Bufftech or approved Equal
3.6 Components ‐ Rails, Pickets, Posts
1. Are cut to specific lengths as required for style specified
2. Rails are routed to receive pickets
3. Posts are routed to receive rails at correct heights
4. Stiffener Channel
5. Bottom rails for residential and commercial applications contain steel reinforcing for additional strength. Refer to style channel
available upon request.
6. Post Caps are PVC molded
ITB 17-02
7. External fit flat for true 4" x 4" and 5" x 5" posts 8. Internal flat cap available for standard wall 5" x 5" posts and 4" x 4" posts 9. Gates constructed from rigid PVC with reinforcement 10. Gates are designed to match fence section. All hardware and bracing is included. 11. Hardware for Commercial Styles
a. Reinforced nylon structure
b. Self‐closing hinge
c. Unit has self‐closing capabilities
d. Hinge is adjustable to relieve sag or misalignment problems
e. Mounts on two sides of post for strength and stability
12. Nuts, Bolts, Washers and Screws:
a. Stainless steel
b. Screw heads are painted black to match hinge
c. Black acom nuts and washers are used for safety and aesthetics
d. Screw heads are covered using a UV stabilized, molded two part snap cap system
e. Contact manufacturer for Post & Rail hardware
4.0 Bid Pricing 4.1 General
1. The bid sheet must be signed by an individual of the bidding firm that has the authority to bind the firm. 2. No additional charges will be permitted that are not included on the bid sheet.
4.2 Chain Link, Vinyl and Ornamental Fencing Bid pricing is requested for installed chain link, vinyl and ornamental fencing on a linear foot basis, based on the scope of services and requirements and increments as detailed on the bid pricing sheet. Additionally, bid pricing is requested for gates in both 4 and 6 foot heights, and bid pricing is requested for fence gate posts per each as detailed on the bid sheet.
4.3 Fencing Other Than Chain Link Bid pricing is requested for other types of fencing as follows: 1. Installation – hourly rate 2. Percentage of mark‐up over cost for materials
4.4 Demolition of Existing Fence
Bid pricing is requested for demolition of existing fence on a linear foot basis, based on the scope of services.
5.0 Qualifications and References 1. Vendors are required to include a copy of their Occupational License, valid in Flagler County in their bid submittal.
2. All bidders must provide a minimum of three (3) references whom they have performed similar services for within the past five (5)
years.
6.0 Insurance Requirements It is mandatory that the person/firm submitting the bid have minimum Liability limits of $1,000,000.00 for both Comprehensive General Liability and Motor Vehicle Liability and $500,000.00 limit of Worker's Compensation. All coverage must be included on the certificate(s). Bidder’s insurance provider must be rated A‐ or better by AM Best. If the bidder’s current certificate of insurance does not meet the amount required, a statement must be included with the bid document from their insurance carrier indicating that if a bid award was made to the firm, that the carrier would write the necessary insurance coverage. The successful bidder must then have the required insurance placed in force with written notification provided to the Director of Purchasing, prior to issuance of a purchase order that authorizes the work performance to begin. Failure to do so may invalidate the award and result in an award to the next lowest responsible bidder. Successful vendor must list Flagler County School Board as an additional insured.
ITB 17-02
SECTION 3 ‐ GENERAL CONDITIONS AWARD METHOD: Bids shall be awarded based on the lowest, responsive and responsible bidder which meets specifications with consideration being given to the specific quality of the product, conformity to the specifications, suitability to school needs, delivery terms, financial ability of the firm, qualifications, experience, reputation, integrity, past performance of the bidder and local preference. The School Board reserves the right to award to more than one vendor for the same or similar products or services. The School Board reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof; on a geographical basis and/or on a district‐wide basis with one or more supplier(s) or provider(s); to reject any and all offers or waive any irregularity or technicality in offers received. Bidders are cautioned to make no assumptions unless their offer has been evaluated as being responsive. Any or all award(s) made as a result of this invitation shall conform to applicable local and state ordinances and laws. TIE BIDS: In the case of identical qualified bids, the following criteria shall be utilized to determine award of bid: (1) Certification under Florida Statutes as a Drug‐Free Workplace, (2) Coin flip. AWARD TERM: The School Board aims to promote partnership relationships within the policies and procedures of public procurement. The awarded vendor shall be awarded an agreement for an initial three (3) year term with the option for three (3) subsequent one (1) year renewals. All renewals will be contingent upon mutual written agreement by the School Board and the vendor. EXTENSION: In addition to any renewal options contained herein, the School Board has the right to extend this bid for the period of time necessary to release, award and implement a replacement bid for the goods, products and/or services provided. Such extension shall be based upon the same prices, terms and conditions as the existing bid. PRICING: Unless otherwise specified, prices offered shall remain firm for the contract period; all pricing of goods shall include FOB Destination, packing, handling, shipping charges and delivery to the District; prices for services shall include all expenses necessary to provide the requested service at the location specified. FREIGHT TERMS: Unless otherwise specified, all shipments are to be shipped F.O.B. destination, with all transportation charges prepaid and title transferring to the district at time of delivery. The bidder pays and bears all freight related charges, owns goods in transit and files any claims. Bid prices shall include all cartage, drayage, packing, etc. ESCALATION CLAUSE: Submitted bid prices shall be firm for the contract period. In certain instances, price increases should be requested utilizing explicit data and facts supporting the request. The School Board reserves the right to refuse the request for price increase. ESTIMATES: Quantity and use estimates included in the bid are provided as a guide only. Actual quantities purchased under this bid may vary. The School Board reserves the right to re‐negotiate prices during the term of the contract agreement if purchases are substantially more than the estimated quantity or use provided for in the bid. BRAND NAMES AND ALTERNATIVES: Brand and trade names listed are for informational purposes only and are not intended to limit competition. The brand name and model number of equivalent products should be indicated on the bid form. Substitution of other brands once items have been awarded is prohibited. The bidder must provide written notification from the manufacturer if an item is discontinued during the term of the contract and must file a written request for substitution. TAXES: The Flagler County School Board is exempt from Federal Excise Taxes and all sales taxes. PURCHASE ORDERS: A Purchase Order issued by the Purchasing Department is the only legal authorization for vendors to perform services or provide commodities to the District. A commitment, either written or verbal, from District employees without a Purchase Order issued by the Purchasing Department does not constitute an obligation by the District to a vendor. Vendors that perform services or provide commodities without a Purchase Order issued by the Purchasing Department do so at their own risk and at risk of non‐payment. RIGHT TO ACCEPT/REJECT: The School Board reserves the right to accept or reject any or all bids or any portion thereof based upon the information requested. Bidders may be excluded from further consideration for failure to fully comply with the requirements of this ITB solely at the School Board’s discretion. NON‐EXCLUSIVE AGREEMENT: This ITB does not establish an exclusive arrangement between the School Board and the bidder. The School Board reserves the right to utilize any other contract, including but not limited to any contract awarded by the State of Florida, another city or county government agency, school board, community college/state university system, cooperative bid agreement, or to directly
ITB 17-02
negotiate/purchase per School Board policy and/or State Board Rule 6A‐1.012. The district also reserves the right to bid separately any item(s) and/or service(s) covered under this contract at any time during this contract term. OTHER GOVERNMENTAL AGENCIES: All bidders awarded contracts from this bid may, upon mutual agreement, permit any school board, city, municipality or other government agency to participate in the contract under the same prices, terms and conditions, if agreed to by both parties. DEFAULT: Failure to perform according to this solicitation and/or resulting contract is cause for default. In the event of a default on a contract, the Bidder shall be responsible for attorney fees, court costs and damages. AMENDMENT & CANCELLATION: The School Board reserves the right to cancel, recall, and/or reissue all or part of this ITB at any time. CONFIDENTIALITY OF INFORMATION: The School Board reserves the right to retain all copies of submitted responses to the ITB. Bids submitted in response to this solicitation are subject to FS 119.07 (“Florida’s Sunshine Law”) and must be disclosed upon receipt of a public records request.
BID PREPARATION COSTS: The bidder is responsible for all costs incurred by the bidder in preparing the response to the ITB. SOLICITATION OF SCHOOL BOARD EMPLOYEES: The School Board expressly prohibits bidders from making any offer of employment, equivalent offer, or any other offering of value to any Board Member or employee of the School Board. SUB‐CONTRACTORS: The bidder must describe in the bid, all responsibilities that the bidder anticipates assigning or subcontracting and shall identify the subcontractor and describe how the bidder will manage the subcontractors.
LICENSES & PERMITS: The bidder shall obtain and pay for all necessary licenses, permits, and related documents required in complying with the bid. The bidder shall save and hold harmless the School Board as a result of any infraction of the aforementioned. Bidders must be licensed within the State of Florida at the time of bid submission. INSURANCE: The bidder shall be required to furnish evidence of insurance in the form of certificates of insurance, which shall clearly outline all hazards covered, the amounts of insurance applicable to each hazard and the expiration dates. EQUAL OPPORTUNITY EMPLOYER: The School Board does not discriminate in admission or access to, or treatment or employment in its programs and activities, on the basis of race, color, religion, age, gender, national origin, marital status, disability, genetic information, sexual orientation, gender identity or expression, or any other reason prohibited by law. LOCAL PREFERENCE: The School Board has established a policy for the procurement of local goods and services. BACKGROUND SCREENINGS: Selected bidders must ensure that contractual personnel with access to school grounds while students are present, who have direct contact with students or who have access to or control of school funds must meet the required background screening conditions of FS 1012.465, (Jessica Lunsford Act). Contractual personnel shall include any vendor, individual, or entity under contract with a school or the School Board, as well as vendor‐assigned subcontractors. All costs to comply with this requirement will be borne by the selected vendors. Failure to comply with this requirement will constitute a material breach of contract. LEGAL JURISDICTION AND LAWS: Any contract resulting from this ITB shall be governed by the laws of Florida, without giving effect to the choice of laws principles thereof, and is deemed to have been executed, entered into and performed within Florida. The parties hereby irrevocably submit to jurisdiction in Florida, and venue shall be held in Flagler County. The parties hereby waive any objection to such jurisdiction and venue. Applicable provisions of all Federal, State, County, and Local laws, and all ordinances, rules and regulations shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes. INDEMNIFICATION: Contractor shall indemnify, defend, and hold harmless the School Board, its board members, employees, and representatives from and against all claims, suits, actions, damages, losses, expenses, and/or a cause of action, including but not limited to, economic loss, reasonable attorneys’ fees, and expenses, arising out of or in connection with this Agreement, provided that any such claims, suits, actions, damages, losses, expenses, and/or a cause of action, (i) is attributable to any person(s) claiming personal injury, bodily injury, sickness, disease, or death; or damage to tangible property of a third party including the loss of use, (ii) loss of Contractor’s tools and equipment used in connection with this Agreement, and (iii) is caused or incurred in whole or in part by Contractor or any of its subcontractors,
ITB 17-02
agents, or anyone directly or indirectly employed by contractor, subcontractor, agents, regardless if caused in part by the School Board. This indemnification shall not apply to any claims, suits, actions, damages, losses, expenses, and/or a cause of action, arising from the School Board’s sole gross negligence or intentional misconduct. Nothing in this Agreement shall be deemed to affect the rights, privileges, or be deemed a waiver of, or limitation of sovereign immunity protection and limitations of liability pursuant to F.S Section 768.28. Any indemnity or assumption of liability hereunder shall be subject to the School Board’s rights to sovereign immunity and any other limitations of liability pursuant to Florida law. ASSIGNMENT OF CONTRACT: The final contract to be awarded and any amounts to be paid thereunder shall not be transferred, pledged, or assigned without the prior written approval of the School Board. TERMINATION: The contract entered into between the parties may be terminated by the School Board upon occurrence of the following conditions:
I. Lack of available funds by the School Board II. Lack of performance by the bidder
VIOLATIONS: A violation of any of the stipulations, terms, and/or conditions listed and/or included herein may result in the bidder being removed from the School Board’s bid list and the bidder being disqualified from conducting business with the School Board for a period of time to be determined on a case‐by‐case basis. BID PROTESTS: Any person who is adversely affected by a decision concerning this procurement, shall file a Notice of Intent to Protest in writing within 72 hours after the notice of decision is posted, excluding Saturdays, Sundays, and legal holidays. A formal written protest shall be filed no later than 10 days after the notice of intent to protest is filed. The Notice of Intent to Protest and formal written protest shall be filed with the Purchasing Department, Flagler County School Board, 1769 East Moody Blvd., Bldg. #2. The protest shall state the facts and law upon which the protest is based. Failure to file a protest or failure to post the bond or other security within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. REFERENCES: List at least three (3) recent commercial or government references where the proposed services have been provided within the past three (3) years. Use of the attached reference form will aid in evaluation. Unless specifically asked by the School Board, the School Board shall not be listed as a reference. SECTION 4 ‐ INSTRUCTIONS Bidder shall read all solicitation documents and comply with all specified requirements. The bidder is responsible for ensuring that the ITB submittal is delivered to the attention of Kelly Conard, Purchasing Department, Flagler County School Board, 1769 East Moody Blvd., Bldg. #2., no later than the due date and time noted in this bid. Submittals received after the specified date and time will not be opened or considered. The School Board is not responsible for timely delivery of postal services. Email, fax and verbal offers will not be accepted. SUBMISSION: All submissions are subject to the conditions specified herein. Those that do not comply with these conditions are subject to rejection. All bids must be executed and submitted in a sealed package using the district‐provided Sealed Bid Label. The bid package must include four (4) original copies and one (1) electronic copy. ELECTRONIC COPY: An electronic of the bid submittal (in PDF format) must replicate the actual packet of information being submitted in paper form and must include all signed forms and bid price sheet(s) along with any other required documentation specified. Acceptable forms of an electronic copy include a thumb drive or CD‐ROM. NO BID: If not submitting a bid, respond by returning the “No Bid Response Form”. EXECUTION OF BID: The bid must contain a written original signature of an authorized representative in the space(s) provided. All bids must be completed in ink or typewritten. If a price correction is necessary, draw a single line through the entered figure and enter the corrected figure. All price corrections must be initialed by the person signing the Bid. The School Board reserves the right to reject any Bid or Bid item completed in pencil or any Bid that contains illegible entries or price corrections not initialed. Only the terms and conditions of this solicitation as they were released, or amended via addendum, are valid. Any modification to any term or condition by a vendor is not binding unless it is expressly agreed to in writing by the School Board.
ITB 17-02
EXECUTION: The submission shall contain all required documents, including signed addenda, and must be completed in its entirety. The ITB must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made in the submission shall be initialed. BID WITHDRAWAL: A bidder may withdraw from the bid process at any time before the closing date for the receipt of bids. Bid withdrawals must be written and addressed to Attn: Kelly Conard, Purchasing Department, Flagler County School Board, 1769 East Moody Blvd., Bldg. #2, Bunnell, FL 32110 or via email at [email protected]. SECTION 5 – METHOD OF EVALUATION METHOD OF EVALUATION: The contract shall be awarded to the responsible and responsive vendor who submits the lowest responsive bid, in accordance with Section 287.057 Florida Statutes. SECTION 6 – ATTACHMENTS AND OTHER REQUIRED DOCUMENTS ATTACHMENTS: The following documents are attached to this ITB and must be fully completed, executed and attached to the submittal. Please organize the bid submittal in the order below.
A. Bid Cover Sheet B. Application for Certification C. Conflict of Interest Disclosure D. Jessica Lunsford Act Certification E. Public Entity Crimes Certification F. Drug Free Workplace Certification G. Sealed Bid Label (to be affixed to the outside of the envelope) H. Acknowledgment of Addenda I. Pricing J. No Bid Response Form (if applicable) K. Local Preference L. References
OTHER REQUIRED DOCUMENTS (NOT ATTACHED): The following documents must be included in the submittal: Proof of Licensing (State and Local) Certificate of Liability W‐9
Attachment A.
Submit to:
Flagler County School Board
Purchasing Department
1769 East Moody Blvd, Bld #2
Bunnell, Florida 32110
Bid and Contract Contact:
Kelly Conard 386‐437‐7526 ext. 1202
Bid Title: #17‐02 Fencing
Bid Due Date: October 19, 2016 @ 10:00 a.m.
Pre Bid Date/Time/Location: N/A
Company Name:
Phone Number: The vendor acknowledges that information provided in this Bid is true and
correct and futher agrees to all terms and conditions as stated in the Bid.
Fax Number:____________________________________________________________
Email Address:Authorized Signature
Mailing Address: ____________________________________________________________
Printed Name
City/State/Zip:____________________________________________________________
Federal ID No. :Title/Date
This form must be completed and returned with your response.
www.flaglerschools.com/district/purchasing
Submittals received after the stated due date and time will not be considered.
ITB 17-02
ATTACHMENT B.
APPLICATION FOR CERTIFICATION
The Application for Certification is hereby submitted to be considered to provide services as requested by Flagler County School Board. As such, I hereby authorize Flagler County School Board to obtain the information necessary to verify the information provided in the bid submittal and concerning my professional standing and reputation. As evidenced by my signature, I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business or person submitting an offer for the same materials, supplies, equipment, or services, and is in all respects fair and without collusion or fraud. I further agree to abide by all conditions of this invitation, school board rules, policies and procedures and certify that I am authorized to sign this response. Upon approval by the School Board, the information contained herein shall constitute the contract between the School Board and vendor. I authorize Flagler County School Board and its authorized personnel to disclose the information provided in our application to designated personnel of other school boards in the State of Florida. With the proper consent, purchases may be made under this bid by other governmental agencies within the State of Florida. Such purchases shall be governed by the same terms and conditions as stated herein. I further declare that we have examined the requirements and specifications for the materials to be furnished and have read all provisions prior to the submission of the bid. I acknowledge that I have read, understand and agree to the terms and conditions stated in this bid. If my bid is accepted, I agree to contract with the Flagler County School Board to deliver the services requested at the submitted bid prices.
_______________________________ Name of Business _______________________________ _______________________________ _______________________________ Name of Authorized Official Title of Authorized Official Signature of Authorized Official
ITB 17-02
ATTACHMENT C.
CONFLICT OF INTEREST DISCLOSURE
Conflict of Interest: Bidders shall be familiar and comply with all applicable conflict of interest legal requirements including Florida's Code of Ethics for Public Officers, Chapter 112, Part III, Florida Statutes. Bidders must complete and submit this Conflict of Interest Disclosure. The form must be signed by an officer or by an authorized individual and notarized by a notary public. The Bidder may disclose any additional information regarding the existence or appearance of a conflict of interest under state or local laws. If the bidder or authorized agent omits, misrepresents or falsifies material information, the selection of the bidder and any executed contract shall be void.
In accordance with the Conflict of Interest provision, the Bidder certifies the following: a. _______There are no identified conflicts of interest. b. _______The following potential conflicts of interest have been identified: ______________________________ Name of School Board Affiliate ______________________________ Relationship to Business ______________________________ Business Ownership Percentage
_______________________________ Name of Business _______________________________ _______________________________ _______________________________ Name of Authorized Official Title of Authorized Official Signature of Authorized Official Sworn to and subscribed before me this ________ day of ___________, 20___. Produced Identification ________________________________ Notary Public‐State of _________________________________ Type of Identification _________________________________ ___________________________________________________ (Printed, typed or stamped commissioned name of notary public)
ITB 17-02
ATTACHMENT D.
Sworn Statement Pursuant to Section 1012.465, Florida Statutes;
The Jessica Lunsford Act
1. We understand that during the 2005 Legislative Session, House Bill 1877, The Jessica Lunsford Act (hereinafter “The Act” or “Act”) was passed and approved by Governor Bush on May 2, 2005, with an effective date of September 1, 2005.
2. We understand that the Act sets forth the background screening requirements of section 1012.465, Florida Statutes for all non‐instructional school employees and contractual personnel by requiring all non‐instructional school district employees and contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds to meet level 2 screening requirements, as described in s. 1012.32. Further, we understand that the Act defines contractual personnel to include any bidder, individual, or entity under contract with a school or a school board.
3. We understand that all subcontractors assigned by the contractor must also comply with background screening requirements of s. 1012.32.
4. We further understand that every 5 years following entry into a contract, all contracted personnel or individuals assigned by the contractor who meet the conditions in section 2., above, must meet level 2 rescreening requirements as described in s. 1012.32.
5. We understand that level 2 background screening requirements, as defined in section 1012.32, Florida Statutes requires that fingerprints of all contractual personnel must be obtained and submitted to the Florida Department of Law Enforcement for state processing and to the Federal Bureau of Investigation for federal processing.
6. We understand that any costs associated with the required background screenings will be borne by the contractor.
7. We understand that if a (potential) contractor does not meet the level 2 requirements, the individual shall not be permitted to contract with the School Board and shall be immediately suspended from working in that capacity and shall remain suspended until final resolution of any appeals.
8. We understand that failure to comply with level 2 background screenings as required by section 1012.465, Florida Statutes, will disqualify the contractor from conducting business with the School Board.
_______________________________ Name of Business _______________________________ _______________________________ ______________________________ Name of Authorized Official Title of Authorized Official Signature of Authorized Official Sworn to and subscribed before me this ________ day of ___________, 20___. Produced Identification ________________________________ Notary Public‐State of _________________________________ Type of Identification _________________________________ ___________________________________________________ (Printed, typed or stamped commissioned name of notary public)
ITB 17-02
ATTACHMENT E. Sworn Statement Pursuant to
Section 287.133(3), Florida Statutes Public Entity Crime
We certify that we have read and understand Florida Statutes, section 287.133 Public Entity crime; denial or revocation of the right to transact business with public entities.
We understand a public entity crime, as defined in Florida Statutes, section 287.133, is a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
We understand that a person or affiliate who has been placed on the convicted bidder list following a conviction for a public entity crime may not submit a bid, bid, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted bidder list.
Please mark an (X) next to the statement which is applicable to your entity.
________ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in either management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
________ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
________ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted bidder list (a copy of the final order is required; please attach). _______________________________ Name of Business _______________________________ _______________________________ ______________________________ Name of Authorized Official Title of Authorized Official Signature of Authorized Official Sworn to and subscribed before me this ________ day of ___________, 20___. Produced Identification ________________________________ Notary Public‐State of _________________________________ Type of Identification _________________________________ ___________________________________________________ (Printed, typed or stamped commissioned name of notary public)
ITB 17-02
ATTACHMENT F.
DRUG‐FREE WORKPLACE CERTIFICATION FORM
In accordance with Florida Statute 287.087, 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 bidders has a drug‐free workplace program. In order to have a drug‐free workplace program, a business shall:
(1) 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 contend ere to, any violation of chapter 893 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.
(6) Make a good faith effort to continue to maintain a drug‐free workplace through implementation of this section.
Please mark an (X) next to the statement which is applicable to your entity.
As the person authorized to sign the statement, I certify that the firm: _____Has implemented a drug‐free workplace program which satisfies that statutory requirements above.
_____Has NOT implemented a drug‐free workplace program which satisfies that statutory requirements above.
_______________________________ Name of Business _______________________________ _______________________________ ______________________________ Name of Authorized Official Title of Authorized Official Signature of Authorized Official
ITB 17-02
ATTACHMENT G.
SEALED BID LABEL Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”. Be sure to include the name of the company submitting the bid where requested.
SEALED BID – DO NOT OPEN ITB #17‐02 Fencing Due Date: October 19, 2016 @ 10:00 a.m. Submitted by _________________________________________________ (Name of Company)
Deliver to: Attn: Kelly Conard Flagler County School Board Purchasing Department
1769 East Moody Blvd., Bldg. #2 Bunnell, FL 32110
ITB 17-02
ATTACHMENT H.
ACKNOWLEDGMENT OF ADDENDA
ITB #17‐02 Fencing Due Date: October 19, 2016 @ 10:00 a.m.
Acknowledgment is hereby made of receipt of the following Addenda issued during the bidding period:
Addendum No. Dated
_______________________________ Name of Business _______________________________ _______________________________ ______________________________ Name of Authorized Official Title of Authorized Official Signature of Authorized Official
ITB 17-02
ATTACHMENT J.
NO BID RESPONSE FORM ITB #17‐02 Fencing
Due Date: October 19, 2016 @ 10:00 a.m.
If your company is not submitting a response to this Invitation to Bid, please complete and return this form prior to the due date established in the bid document. Submit bids to: Attn: Kelly Conard Flagler County School Board Purchasing Department 1769 East Moody Blvd., Bldg. #2 Bunnell, FL 32110
Email: [email protected] This information will assist the Purchasing Department in the preparation of future bids. Company Name: ________________________________________________________________ Contact Person Name & Title: ______________________________________________________ Telephone: ___________________________________________ E‐mail Address: ________________________________________ Please check reason for a “no bid” response. ___ Insufficient time to respond ___ Specifications unclear ___ Product/service or an equivalent is not offered ___ Unable to meet specifications ___ Unable to meet bond requirements ___ Unable to hold prices firm throughout the term of the contract period ___ Unable to meet insurance requirements ___ Other: ______________________________________________________________________ _______________________________
Name of Business _______________________________ _______________________________ ______________________________ Name of Authorized Official Title of Authorized Official Signature of Authorized Official
ITB 17-02
ATTACHMENT K.
LOCAL PREFERENCE The School Board has established a policy for the procurement of local goods and services as follows:
A. Application and Exclusions 1. It shall be the policy of the Flagler County School Board to afford local preference to local Flagler County vendors. Local Flagler County vendors shall mean any business that has a valid local business tax receipt within the limits of Flagler County and has a verified business (physical location, not a post office box) located within Flagler County which employees are located and from which business is regularly transacted on a day to day basis. The business employs full time employees within Flagler County for a minimum of 6 months prior to the date bids or quotes are received. These provisions apply only to Formal Bids, Request for Quotes or Proposals.
B. Local Preference Procedure 1. On competitive sealed bids up to $250,000, the local bid preference to be awarded in this policy shall be in an amount not to exceed 5% of the local business' total bid price. The total bid price shall include not only the base bid but any alternatives that are part of the bid and awarded by the School Board. 2. Competitive sealed bids over $250,000 that have subcontracting capabilities, shall require the bidders to submit a subcontracting plan identifying local vendors to be utilized. If bidder fails to submit such a plan, the bidder will be ineligible for award of any local vendor preference. Local vendor preference for bids over $250,000 shall be 3% for the general contractor if they meet the local vendor preference eligibility as defined in this section. The bidder can earn an additional 1/2% for each local vendor (where such local vendor's subcontract represents at least 5% of the total bid) and up to a maximum of 5% of the project bid total for local vendor preference and the cost differential does not exceed $25,000. 3. On request for proposals and quotes up to $25,000, packages sent out shall provide for a proposal to receive up to 5% based on the local vendor preference set up in the section.
C. Exceptions to local preference policy ‐ Local preferences shall not apply to any of the following purchases or contracts: 1. Goods or services provided under a cooperative purchasing agreement or interlocal agreement. 2. Contracts for professional services procurement of which is subject to the CCNA. 3. Purchases or contracts which are funded, in whole or in part, by a government entity and the laws, regulations, or policies governing such funding prohibit application of that preference. 4. Purchases made or contracts made under emergency or noncompetitive situations. 5. Purchases with an estimated cost of less than $5,000. 6. The application of local preference to a particular purchase, contract, or category of contracts for which the School Board is awarding authority may be waived upon written justification and recommendation by the Superintendent and approved by the School Board. 7. The preference established in this policy does not prohibit the right of the School Board or other authorized purchasing authority to compare quality or fitness for use of supplies, materials, equipment and services proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting bids for proposals. 8. The bid preference established in this policy does not prohibit the School Board, or other authorized purchasing authority, from giving any other preference permitted by law in addition to the preference authorized in this policy.
As the person authorized to sign the statement, I certify that the firm:
_____Has met the local vendor requirements above (attach a valid local business tax receipt).
_____Has NOT met the local vendor requirements above.
_______________________________
Name of Business _______________________________ _______________________________ ______________________________ Name of Authorized Official Title of Authorized Official Signature of Authorized Official
Attachment L.
REFERENCES
Company/Agency #1
Address
City, State, ZIP
Contact Person
E‐mail
Phone
Date(s) of Service
Type of Service
Comments
Company/Agency #2
Address
City, State, ZIP
Contact Person
E‐mail
Phone
Date(s) of Service
Type of Service
Comments
Company/Agency #3
Address
City, State, ZIP
Contact Person
E‐mail
Phone
Date(s) of Service
Type of Service
Comments
