HomeMy WebLinkAboutRFB.:liq ql1ir
REQUEST FOR 'D
VARIOUS O PARKS
AND PLAYGROUNDS., CLAY COUNTY, FLO
R
-:
PA RECREATION SPECIAL
Due Date: Monday, December 1, 2008 - 4:00 pm
Open Date: Tuesday, December 2, 2008 -1:00 pm
Issued. By:
Donna Fish
Clay County Board of Counts Commissioners
Purchasing Division
TABLE OF CONTENTS
Various Equipment and Amenities for Parks and Playgrounds
Invitation.............................................................................................................................3
Request for Bid Advertisement....................................................................................... 4-6
Request for Bid Instructions........................................................................................... 7-8
Insurance Requirements................................................................................................ 9-10
BidSpecification.......................................................................................................... 11-15
BidForms........................................................................................16-19
Procedures for Bid Openings...................................................................................... 20-34
Attachments:
No Bid Statement
Form W-9
2
BOARD OF COUNTY COMMISSIONERS
Fritz A. Behring
County Manager
www.claycountygov.com
CLAY COUNTY
Dear prospective bidder:
Purchasing Division
P.O. Box 1366, 477 Houston St
Green Cove Springs, FL 32043
904-278-3761 *Fax: 904-278-3728
You and your firm are cordially invited to submit a bid in accordance with the attached
instructions and specifications for:
RFP # 08/09-3. Various Equipment and Amenities for Parks and Plavarounds,
Clav Countv, Florida
Interested Vendors may contact me for clarification, by phone at (904) 278-3761 or e-
mail at donna.fish(a—),co.clatil.fl.us with any questions about this bid. All prospective
bidders are hereby instructed NOT to contact any member of the Elected Officials,
County Manager, or other County employees for meetings, conferences or technical
discussions related to the bid.
To remain on our active bidders list, you should reply in writing with a written quote or a
"NO BID" response.
Sincerely,
Donna Fish
Buyer
Clay County Purchasing Division
/df
Att. Complete Bid Pack which includes:
Bid Instructions
Bid Specifications
Bid Forms
Extract(s) from Clay County Purchasing Manual
No Bid Statement
W-9 Form
3
REQUEST FOR PROPOSALS
NOTICE IS HEREBY GIVEN that sealed proposals will be received until 4:00 P.M..
Monday. December 1. 2008, at the Clay County Administration Building; Purchasing
Department, 4th floor, 477 Houston Street, Green Cove Springs, Florida 32043, for the
following:
RFP NO: 08/09-3, Various Equipment and Amenities for Parks and Plavarounds,
Clav Countv, Florida.
Bids will be opened at 1:00 P.M., or as soon thereafter as possible, on Tuesday.
December 2. 2008 in the Clay County Administration Building, Conference Room "B",
fourth floor; 477 Houston Street, Green Cove Springs, Florida, in the presence of the
Purchasing Department staff, and/or the Clerk or Deputy Clerk and all other interested
persons.
The opened bids will be read aloud, examined for conformance to specifications,
tabulated, and preserved in the custody of the Purchasing Department. The Finance
Committee of the Board will present its recommendations to the Board of County
Commissioners at its meeting of December 23, 2008; or as soon thereafter as possible.
Bids will not be valid unless received by the proposal deadline and in a sealed
envelope marked "Sealed Bid, RFP No. 08/09-3, Various Equipment and Amenities
for Parks and Play -,rounds, Clav Countv, Florida", to be received until 4:00 P.M.,
Monday. December 1. 2008.
Envelopes are to be mailed or delivered in person to the above address.
All prospective Bidders are hereby instructed NOT to contact any member of the Elected
Officials, County Manager or County Employees for meetings, conferences or technical
discussions related to the Bid. Unauthorized contact with Elected Officials, County
Manager or Count), personnel may result in rejection of the Vendor's Bid. All
communications with the County regarding this Bid should be directed to: Donna Fish,
Buyer. Clay County Purchasing Department, 477 Houston Street, Green Cove Springs,
FL 32043, 904-278-3632or by email: donna.fish(a—),co.clay.fl.us
The County reserves the right to waive formalities in any bid; to reject any or all bids
with or without cause, including the lack of availability of adequate funds, regulatory
agency requirements, and/or to accept the bid that, in its judgment, will be in the best
interest of the County of Clay.
FOLLOWING THE BID OPENING AND TABULATION, A "NOTICE OF INTENT TO
AWARD BID" ORA "NOTICE OF REJECTION OF ALL BIDS" WILL BE POSTED
ON THE INTERNET AT:
,AAAAA,.claveountveov.com/Departments/Purchasing/decision bids.htm. THIS WEB PAGE
CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY'S WEBSITE AT:
u-Arw.clavcountvaov.com BY FOLLOWING THE "NOTICE OF INTENT BIDS" LINK UNDER
THE "BUSINESS" ROLLOVER BUTTON ON THE COUNTY'S HOMEPAGE. NO OTHER
NOTICE WILL BE POSTED.
PROSPECTIVE BIDDERS ARE NOTIFIED THAT TIIE FAILURE TO INCLUDE WITHIN THE
SEALED BID ENVELOPE, A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER
THE COUNTY'S PURCHASING POLICY, IF REQUIRED FOR THIS SOLICITATION, OR THE
FAILURE TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING
WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8. (N)., OF SAID
POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID
SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND
TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY'S
PURCHASING POLICY CAN BE VIEWED AT THE COUNTY'S WEBSITE BY FOLLOWING THE
APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE.
IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS SOLICITATION REQUIRES A BID
BOND, SUCH PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE
INQUIRY.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity; may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity; may not be awarded or perform work as
a contractor, 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 Section 287.017, Florida Statutes; for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
Fritz A. Behring
County Manager
END OF NOTICE -------------------------
(CLAY TODAY) For Publication on November 6, 2008
(CLAY COUNTY LEADER) For Publication on November 6, 2008
PLEASE SEND ORIGINAL INVOICE AND OF PROOF OF PUBLICATION TO:
Clay County Board of County Commissioners
Purchasing Department
P.O. Boa 1366
Green Cove Springs, Florida 32043
ATTENTION: Donna Fish
REQUEST FOR BID INSTRUCTIONS
RFP NO. 08/09-3 Various Equipment and Amenities for Parks and Playgrounds,
Clay County, Florida
1. All Sealed proposals submitted shall be received by the Purchasing Department,
Clay County, Florida.
A. Bids submitted by mail should be addressed to:
Clay County Board of County Commissioners
Purchasing Department
Attn: Donna Fish
P 0 Box 1366
Green Cove Springs, Florida 32043
B. Bids submitted in person will be received at:
Clay County Administrative Building
477 Houston Street
Fourth Floor, Purchasing Department
Green Cove Springs, Florida 32043
THREE paper copies of the bid package shall be submitted, IN WRITING, AND
SEALED in an envelope. All requested bid information, proof of liability insurance
in the minimum amount of $1,000,000.00, bids and performance data, and form W-9
taxpayer identification number and certification shall be included with all responses
submitted.
2. The words "RFP 408/09-3, Various Equipment and Amenities for Parks and
Plavarounds Clav County FL" shall be clearlv marked on the front and
back of the envelope containin6 the proposals.
Bids will be received by mail or in person until 4:00 p.m.. Monday. Decemberl.
2008 and will be opened after 1:00 p.m.. on Tuesday. December 2. 2008 in the
Clay County Administration Building, 477 Houston Street, Conference Room "B",
Fourth Floor, Green Cove Springs, Florida. Proposals will be reviewed by Clay
County as soon thereafter as possible.
A. All bids will be "clocked" at the time they are received to indicate the time
and date of receipt. Bids WILL NOT be accepted in person after the time
and date specified.
B. Bids received by mail WILL NOT be accepted if they are received after the
Time and date specified regardless of the postmark or circumstances.
4. All prospective bidders are hereby instructed NOT to contact any member of the
Elected Officials, County Manager or County Employees for meetings,
conferences or technical discussions related to the bid. Unauthorized contact with
7
Elected Officials, County Manager or County personnel may result in rejection of
the Vendor's bid response. For information concerning procedures for
responding to this Bid, contact Purchasing Buyer, Donna Fish at (904) 278-3761
or by e-mail to donna.fish(ct).co.clay.fl.us. For all technical questions contact
Parks, Recreation & Special Events, Tom Price at (904) 269-6378.
Written inquiries/questions must be received by November 20, 2008
5. Each firm receiving an invitation should reply as noted above or reply with a
written "NO RESPONSE." Either action will keep the firm on the appropriate
active Professional Services list. Three (3) failures to respond to solicitations may
result in deletion from the solicitation list.
If submitting proposals as a certified minority business enterprise as defined by
the Florida Small and Minority Business Assistance Act of 1985, please include
documentation of same.
7. Any firm affected adversely by Clay County's decision shall file with the Clay
County Board of County Commissioners a Notice of Protest in writing within 72
hours after the posting of the selected vendor. Failure to file a written notice of
Protest shall constitute a waiver of proceedings under Chapter 120.57(3)(a)(3)
(Administrative Procedures Act), Florida Statutes.
8 The Board of County Commissioners of Clay County, Florida, reserves the right
to waive formalities in any response, to reject any or all responses with or without
cause, including the lack of availability of adequate funds, regulatory agency
requirements, and/or to accept the response(s) that, in its judgment, will be in the
best interest of the County of Clay.
9. Indemnification Statement: The awarded vendor must agree to defend, protect,
indemnify and hold harmless the County and all its principals, employees,
officers, agents and servants (collectively, the Indemnitees), from and against any
and all suits, claims, demands, liabilities and costs and all damages, including
reasonable attorney's fees and court costs, asserted against the Indemnitees or any
of them by reason of injury to the persons or property of others, including any
Participant, which is caused by the fault, acts, omissions or comparative
negligence, whether active or passive, attributable the performance of its duties
and obligations under this Agreement, or to any of the employees, officers, agents
or servants, or to any subcontractor of the firm. The vendor's obligations under
this paragraph shall also apply to actions by third parties performed on behalf of
the firm pursuant to this Agreement.
10. The successful bidder(s) shall extend these prices to the City of Green Cove
Springs, Town of Orange Park, City of Keystone Heights, Town of Penny
Farms, and the Clay County Board of Public Instruction upon the written request
of the using agency.
Contractor's Insurance Requirement:
1. Any Contractor submittinga bid for any public works project must include,
within its initial bid response. proof of the following insurance; in effect
continuously from the date of submittal through the 60 days subsequent to the
scheduled bid opening date;
a. Commercial General Liability
1. General Aggregate $1,000,000
2. Products and Completed Operations Aggregate $1,000,000
3. Personal and Advertising Injury $1,000,000
4. Each Occurrence $1,000,000
5. Fire Damage (any one fire) $ 50,000
6. Medical Expense (any one person) $ 5,000
b. Automobile Liability
1. Any automobile -Combined bodily injury/
property damage, $1,000,000
With minimum limits for all additional
coverages as required by Florida law
c. Workers Compensation/Employers Liability
1. Workers Compensation statutory limits
2. Employers Liability
a. Each Accident $ 100,000
b. Disease -Policy $ 500,000
c. Disease -Each Employee $ 100,000
d. Professional Liability
1. When required by contract -per occurrence $1,000,000
2. Upon being awarded the bid, the contractor must provide proof that such
insurance will be in effect from the date of commencement of the project. The
contractor will maintain insurance coverage at the above -prescribed levels
through the date of completion of the project and that coverage will include all
independent contractors and subcontractors. Either prior to or simultaneously
with the execution of the contract, the successful bidder must deliver certificates
of insurance for the required insurance coverages to the County naming "Clay
County, a political subdivision of the State of Florida; The Board of County
Commissioners, Clay County, Florida; and all public agencies of Clay county, as
I
their interests may appear" as "Additional Insureds." Said certificates of
insurance shall also include a thirty day prior written notice of cancellation;
modification or non -renewal to be provided to the County.
The Board reserves the richt to waive, raise or lower the minimum coverages
required for particular proiects prior to bid solicitation by affirmative action. The
Board will not waive any defects in a bid submittal pertaining to matters under
this subsection.
10
Bid Specifications for Price Agreement Contract
Various Equipment and Amenities for Parks and Playgrounds
Clay County Division of Parks, Recreation and Special Events
SCOPE:
The purpose of this bid invitation is to establish a firm, fixed percentage discount from manufacturer's and/or
bidder's current catalog/supply/product information price list for the purchase of various equipment and
amenities for parks and playgrounds as requested by the Clay County Division of Parks, Recreation and
Special Events. Additionally, this bid invitation shall also establish a firm, fixed percentage of
manufacturer's and/or bidder's current catalog/supply/product information price list, after applying the above
requested discount for purchase, for the installation of various equipment and amenities for parks and
playgrounds as requested by the Clay County Division of Parks, Recreation and Special Events. It is
understood that bidder's current catalog/supply/product information price list are subject to change;
however, percentages shall remain fixed. No extra charges or compensation will be allowed for installation
above and beyond what has already been presented in your bid, If the bidder offers specialized catalogs,
the catalogs must be submitted separately from any other catalog offered by the bidder. This bid is also a
means for qualifying vendors for Ball Park lighting services, Qualifying vendors will be requested to provide
pricing on a project by project basis as defined in the method of ordering section of this bid. The qualified
vendor providing the lowest responsive quote will be awarded the project.
RESPONSIBILITY:
Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and
installation, of various equipment and amenities for parks and playground equipment ordered, unless
otherwise specified by the County. The County may elect, in certain circumstances, to purchase only
materials and have those materials installed by others (e.g., volunteers). These items will be shipped to a
designed location and off-loaded by the bidder or bidder's representative.
ALIFICATION OF INSTALLERS:
If a bidder utilizes a sub -contracted installer for any park or playground equipment, a list of sub -contracted
installer must be included with their bid. Additionally, the bidder must supply WRITTEN
FACTORY/MANUFACTURER CERTIFICATION that its installer, or its sub -contracted installer, is an
authorized installer, certified to install various equipment and amenities for parks and playground equipment
as required by each manufacturer. Failure to complete this requirement of the bid proposal may result in the
rejection of their bid.
COMPLIANCE WITH SPECIFICATIONS:
Bid only on items that meet specifications. Bid only a single offering for each bid item. Do not bid multiple
offering or "alternates." All corrections will be initialed. Bid only new, unused material.
CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS:
Each bidder shall submit with this bid, at no charge, two (2) sets of each current catalog/supply/product
information price list as well as current MSRP list for each catalog submitted. All catalogs and/or MSRP lists
11
shall clearly identify the bid number and the bidders name, address and telephone number. Additionally,
each bidder awarded an option year renewal of this contract will submit, at no charge, two (2) sets of each
then current catalog/supply/product information price list as well as current MSRP list for each catalog
submitted, within 30 days of award of an option year renewal.
COMPLIANCE WITH LAWS AND CODES:
Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet
all State and Federal safety regulations. The following publications (issue in effect on date of invitation to
bid) shall form a part of this specification:
A. American Society for Testing and Materials (ASTM).-
ASTM-F1487
ASTM):
ASTM-F1487 Standards — Methods of testing Playground Equipment for
Public Use,
ASTM -F1292 Standards - Method for testing various surfacing materials to
determine their "critical height" (the fall height below which a
life threatening head injury would not be expected to occur)
Copies may be obtained from the - American Society for Testing and Materials
100 Barr Harbor Drive
West Conshohocken, PA 19428
B. Consumer Product Safety Commission (CPSC) — printed Handbook for Public Playground
Safety.
Copies may be obtained from the - US Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814
(301) 504-7923
C. National Playground Safety Institute (NPSI) — identification of 12 leading causes of injuries
on playgrounds.
Copies may be obtained from the - National Recreation and Park Association
22377 Belmont Ridge Road
Ashburn, VA 20148-4150
(703) 858-0784
D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for
Accessible Design, issued by the Department of Justice.
Copies may be obtained by calling (800) 514-0301
Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items
supplied in response to this bid) contained in its bid meet all Federal and State requirements, Upon
completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the
County a certificate so stating the equipment /surfacing and its installation meet all Federal and
State requirements as outlined in the above publications.
12
Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient
in any if the aforementioned requirements in effect on date of delivery, all costs necessary to bring the
product(s) and installation into compliance shall be borne by the bidder.
AWARD:
Performance and payment bonds may be required for specific projects. This requirement is driven by the
size and price of each particular job. Vendors will be required to meet this requirement before receiving a
purchase order for the project. Multiple awards will be made to any and all responsive bidders. There is no
guarantee any purchase order will be issued after award. Purchase orders will be issued subject to
availability of funds.
INVOICING:
Invoices may be issued once supplies are shipped, delivered and/or installed to the county's satisfaction. At
a minimum, invoices must include: Purchase Order Number, Item Number and Description, Date of
Shipment, Quantity Ordered, Unit Price, Unit of Measure, and a total for all purchases. Standard payment
terms are Net 45 days per the Local Government Prompt Payment Act.
TERMS OF CONTRACT:
The Price Agreement Contract for various equipment and amenities for parks and playgrounds will be three
(3) years, with two (2) one (1) year renewal options.
Renewal options are at the discretion of the County based on the successful bidder(s) performance and
adherence to the terms, conditions, and requirements in maintaining firm percentages(s) for the following
year(s), within 30 days of contract expiration, All percentages will remain firm for the following years, within
30 days of contract expiration.
STATE CONTRACTS:
The County is entitled to purchase from contracts established by the State of Florida. Should the State
establish a contract for items on this bid, the County reserves the right to cancel this contract in whole or in
part and purchase those item(s) from the State Contract, if in its best interest.
METHOD OF ORDERING:
The County may generate a Request for Quotation (RFQ), on an "as needed" basis, for park and
playground equipment, ball field lighting and additional services for individual projects, together with a
request for additional services required to complete that project (see attached RFQ sample sheet). The
County reserves the right to send such RFQ to any or all awarded bidders. The RFQ can define the project
exactly or the RFQ can describe a desired end result, allowing the bidder to design the park or playground
site.
After generating a RFQ for a project, and before bidder's submission of its quotation in response to the
RFQ, the County may require requested bidder (s) to attend a site visit with County personnel to familiarize
13
the bidder (s) with the site and determine additional services that may be required to complete the project.
Bidders will be responsible for the accuracy of all fixed measurements.
The bidder's quotation in response to the RFQ must contain each of the following:
• A detailed breakdown of the cost for the entire project. Descriptions of additional services required,
together with their price, shall also be listed.
• Names of any and all subcontractors on the project, together with their designated work and costs.
It is understood the bidder remains responsible for project completion and acceptance by the
County. The County reserves the right to reject any quotation in response to an RFQ if said
quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the
proper performance of an award or failed to deliver on time contracts of a similar nature, or who is
not in a position to perform properly under this award.
• A date certain by which the project must be completed.
• Include an updated catalog, if needed and updated MSRP lists for the park and play equipment
specifically quoted.
The County will generate purchase orders as a result of approved "Request for Quotations" submitted, at
the sole discretion of the County. The County reserves the right to not award to any, or to go outside the
contract at lower prices.
PROMOTIONAL PRICING:
During the contract period, bidders will extend any pricing offered on a "promotional" basis from the
manufacturer to the county. It will be the bidder's responsibility to monitor said items and report any that are
or will be offered at lower prices.
SUPERVISION:
A bidder's job supervisor/representative will be on the work site at all times and be thoroughly
knowledgeable of the materials, job requirements, plans, specifications and installation functions.
JOB COMPLETION:
Bidder/contractor/installer will be responsible for all materials received and signed for from date of order to
completion of job installation.
Bidder/installer will be responsible for clean up and removal of all debris resulting in job completion, leaving
work site in neat and orderly fashion at the end of each workday. Additionally, bidder/installer will be
responsible for restoring the work site to its original condition at the completion of the project.
RESPONSIBILITY FOR DAMAGES AND PRESERVATION OF PROPERTY:
The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way
affected by the work being performed, This applies to private property and all utilities which may exist within
the work area. Any damage occurring to such items by bidder shall be immediately repaired or replaced to
a condition at least equal to that which existed prior to the damage. All costs incurred for repair or
replacement shall be borne by the successful bidder. Any damages not repaired or replaced by the bidder
within ten (10) calendar days from notification will be fixed by the County or its contractor and the cost shall
be paid by the bidder or deducted from their invoice.
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VIOLATIONVDEFAULT:
In the event the awarded bidder(s) should violate any provisions of this bid, such bidder will be given written
notice stating the deficiencies and given ten (10) days to correct deficiencies found. The County reserves
the right to terminate any contract at any time due to any violation.
In the event the awarded bidder(s) should breach this contract, the County reserves the right to seek all
remedies in law and/or in equity. Failure of an awarded bidder to adhere to completion dates defined by
bidder and County may result in no further awards being made to such bidder under this Price Agreement
Contract.
GENERAL CONDITIONS:
Signature on bid form verifies that the bidder is acquainted with the general conditions contained herein and
will comply with all specifications, terms and conditions contained in this bid invitation.
INSURANCE/WORKER'S COMPENSATION:
The contractor shall take out and maintain during the life of this agreement, worker's compensation
insurance for all of his employees connected with the work of this project and in case any work is sublet, the
contractor shall require the subcontractor similarly to provide worker's compensation insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the contractor. Such
insurance shall comply fully with the Florida Worker's Compensation Law. In case any class of employees
engaged in hazardous work under this contract at the site of the project is not protected under the worker's
compensation statute, the contractor shall provide, and cause each sub -contractor to provide, adequate
insurance, satisfactory to the purchaser, for the protection of his employees not otherwise protected. The
awarded vendor must submit a copy of an insurance certificate naming the County as an additional insured
with the following verbiage placed on the certificate no later than ten (10) days after the award has been
made, "Clay County, a political subdivision of the State of Florida; The Board of County Commissioners,
Clay County, Florida; and all public agencies of Clay County, as their interest may appear." Additional
insurance requirements as listed on pages 24-25 apply.
COOPERATIVE PURCHASES:
This is a cooperative purchase contract. State law allows any government agency and any accredited
school in the state to buy off this contract without going to bid, as long as it does not conflict with any of their
local regulations.
15
Bid Form
Price Agreement Contract For
Park and Playground Equipment
Bid No. 08/09-3
Bidder:-
Address:-
City,
idder:Address:City, State and Zip:
Phone:
Contact Name(s):_
Email:
Signature of Bidder
MANUFACTURER CATALOGS:
Manufacturer:
Fixed Percentage Discount off MSRP:
Installation (Fixed Percentage of cost after discounts of equipment):
Manufacturer:
Fixed Percentage Discount off MSRP:
Installation (Fixed Percentage of cost after discounts of equipment):
Manufacturer:
Fixed Percentage Discount off MSRP:
Installation (Fixed Percentage of cost after discounts of equipment):
Manufacturer:
Fixed Percentage Discount off MSRP:
Installation (Fixed Percentage of cost after discounts of equipment):
16
SUB -CONTRACTOR EQUIPMENT INSTALLERS:
Business Name
Address:
Phone Number:
Contact Name:
Business Name:
Address:
Phone Number:
Contact Name:
Business Name:
Address:
Phone Number.-
Contact
umber:
Contact Name:
Note: Attach vendor/manufacturer WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub -contractor
installer(s), as an authorized installer certified to install park and playground equipment as required by each
manufacturer. Failure to comply with this provision may result in rejection of bid.
17
WARRANTY INFORMATION FORM
MAKE AND MODEL OF EQUIPMENT PROPOSED.-
Is
ROPOSED:
Is there a warranty on the equipment proposed?
Yes No
Does the warranty apply to ALL components or only part? (State Explicitly)
Parts Warranty Period:
Nearest source for parts and/or service center (s):
Service Warranty Period:
Name, address and phone number of the authorized service center (s):
2)
3)
Name, address and phone number of the authority issuing this warranty: (Manufacturer, Distributor, etc.)
COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH:
Name of Bidder:
Signature
Title
Yes No
Phone Number
'Warranty period must meet or exceed the warranty conditions as stated in the specifications on the bid'
Various Equipment and Amenities for Parks and Playgrounds
Clay County Division of Parks, Recreation and Special Events
Contract #
F.
Request for Quotation
Description of Project:
A site plan (not to scale), along with drawing of proposed amenities, is attached. A mandatory site visit is scheduled
for at
Price Quotation:
Manufacturer Item and Page Quantity MSRP Unit Price Contract Extended Price
Number Discount
Additional Services Required:
Description Quantity Unit Price Extended Price
Total:
List any Subcontractors:
1. Name
2. Address
3. Telephone Number
4. Contact Name
5. Designated Work
& Subcontractor Cost
m
CHAPTER 8: PROCEDURES FOR PUBLIC BID OPENINGS
(A) Purpose: The purpose of this chapter is to specify procedures for the
submittal, receipt, opening and recording of all formal bids required by all of
the various laws, ordinances, and other procedures and manuals governing
the solicitation and awarding of public bids in Clay County, Florida,
including but not limited to:
a. Section 336.44, Florida Statues (2001).
b. Applicable Provisions of Clay County Code.
c. Florida Department of Transportation Standard
Specifications, most recent edition.
(B) Time of Openin6: All bids shall be submitted to the Purchasing
division, 4th Floor, Clay County Administration Building, 477 Houston
Street, Green Cove Springs, Florida, which shall record receipt thereof by
date and time on the bid envelope. Upon receipt, the Purchasing division
will maintain custody and control of all bid submittals until after they have
been opened. The deadline for a particular bid submittal shall be 4:00 P.M.,
of the Monday immediately preceding the Tuesday upon which the bid is to
be opened. No bid shall be opened unless and until proof by publisher's
affidavit of publication of the bid solicitation is received and filed by the
Purchasing division. Bidders and the public are welcomed to attend the
opening and all subsequent committee and commission meetings related to
the bids.
(C) Form of Bid Submittal: All bids shall be submitted in triplicate, (and
if applicable only on the forms provided by the County or its staff). Each
bid and its accompanying materials shall be submitted in a single, sealed and
opaque envelope. The following items shall be prominently marked on the
cover of the envelope by the party making the submittal prior thereto:
a. The number assigned to the particular bid solicitation.
b. The title of the bid exactly as it appeared in the published
solicitation.
C. The date of the bid opening.
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(D) Bid Receipt Procedure: The County Manager shall, in cooperation
with his or her Department heads and the Purchasing division, assign a
specific and discrete number and title to each bid solicitation, which shall be
contained in the Request for Bids, the newspaper publication, specifications
and the Bid Form thereof. Three copies of each request for bid shall be
submitted to the Purchasing division for distribution as provided in Section
F hereof and the "Request for Bids" (see Example 2 attached) shall be
signed prior to publication.
(E) Place of Opening: All bids properly submitted shall be opened in a
public location so designated in the bid solicitation.
(F) Distribution of Copies: Upon the opening of a bid, one copy shall be
distributed to the head of the originating department. Purchasing shall
submit to the Finance committee of the Board a tabulated list of all bidders
and their bids, including bid number, name, staff assigned, a
recommendation to include but not be limited to the lowest responsive and
responsible bid, or in a proper circumstance the best bid, budget information
and alternatives. All staff assigned to evaluate bid and RFP responses shall
do so observing all requirements of the Sunshine Law and in meetings
noticed at least 72 hours in advance thereof. The Purchasing division shall
serve as the permanent record holder for the County Manager.
(G) Committee Review, Report and Recommendations: Bids shall be
reviewed by the Board's Finance committee following the bid opening. The
Committee should, in the absence of unusual circumstances, report its
recommendation to the Board at the Board's next regularly scheduled
meeting, which shall include a tabulated list of all bidders and their bids. In
all events, the County Manager shall cause to be spread upon the minutes of
the regular meeting of the Board next following the opening of a particular
bid, a list of all bidders and their bids. Upon being awarded a bid, and if a
contract is entered into with the successful bidder then the County's
Standard Addendum and IRS Form W-9, Request for Taxpayer
Identification and Certification must be completed.
(H) Ineligible Bid: Any bid that does not meet the foregoing requirements
for form, time of submittal, number of copies or the specifications advertised
will be rejected and the reasons stated therefor; provided that the Purchasing
division shall reject and return unopened all bids which do not meet the
foregoing requirements for time of submittal, or envelope markings. Bids
21
that do not meet requirements for form will be rejected and declared "No
Bid". The Board reserves the power to reject all bids and in its discretion to
re -advertise the solicitation.
(I) Bid Withdrawal Period: Any bid submitted requires a five (5)
percent bond unless waived by the Board prior to solicitation, which cannot
be withdrawn for a period of 30 days subsequent to the date of the bid
opening, notice of which shall be incorporated in all requests for bids. As
used herein, the term bond shall include cashier or certified checks payable
to the County. All such checks shall be held by the Finance department for
safekeeping immediately upon acceptance of the bid (but not deposited).
The Finance department is hereby authorized to return each bond to the
submitting party, as soon as practicable, upon written request to the Finance
department, but only after a bid and contract have been awarded and
executed between the County and the successful bidder for a particular
project, or in the event that all bids have been rejected by the Board, or in
the event the time provided that the bid shall remain in effect shall have
expired and the bid submitter requests its return in writing.
(1) Vendors bidding on SHIP rehabilitation projects are exempt from the bid
bond requirements delineated in 8(I) above or as may be otherwise stated
elsewhere in this policy document.
(2) Vendors bidding on commodities price contracts, or any other type of
contract that does not commit the Board to an actual exchange transaction
(purchase) but rather seeks only a fixed unit price commitment from a
vendor in the event a future purchase decision is made, shall be exempt from
the bid bond requirements delineated in 8(I) above or as may be otherwise
stated elsewhere in this policy document.
(J) Bid Addenda: All addenda. distributed subsequent to the initial
distribution of specifications shall be sent by certified mail/return receipt
requested, said return receipt to be returned to the Purchasing division
identified by bid number. Prior to mailing, a copy of each addendum shall
be received by the Purchasing division, provided that no addendum shall be
mailed later than five (5) working days prior to the scheduled bid opening
date.
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(K) Bid Tabulation Form: The bid Tabulation Form used at bid openings
shall include a place thereon for three witnesses to sign. This procedure will
eliminate the need for signing each individual bid at the time of opening,
thus requiring the three witnesses to sign only once for each bid number
submitted.
(L) Authority to Delay Bid Openings: The County Manager is hereby
authorized, without seeking prior approval of the Board in any particular
case, to order a delay of any bid opening from its scheduled date and time to
a time certain on the agenda of the next regularly scheduled meeting of the
Board, or such special meeting called for such purpose. The delay may be
ordered at any time prior to the time of the scheduled opening, provided that
such order be in writing, addressed and delivered to the Purchasing division
with a copy delivered to the County Manager, and that copies thereof be
mailed by certified mail, return receipt requested to all responding bidders as
soon thereafter as is reasonably practicable. Upon receipt of the order, the
Purchasing division shall immediately record the date and time thereof. The
Purchasing division shall continue to accept sealed bids up until the
applicable deadline. At the date and time originally scheduled for the bid
opening, the Purchasing division shall announce the delay order to all in
attendance and shall continue to maintain in its custody all properly
submitted sealed bids until further order of the Board. At the time certain
scheduled before the Board, the County Manager shall present his reason or
reasons for the delay order and his recommendation for disposition of bids
submitted. The Board may order the bids to be opened then and there, or at
some other time and date certain; it may cancel the bid and order the return
of all bids unopened; it may order a further delay of the bid opening; or it
may make any other order appropriate to the circumstances. If the bids are
ultimately opened, they shall be reviewed as provided elsewhere herein. If a
delay occurs as provided herein, then the 30 day withdrawal period as
provided in 8(I) shall commence upon the date of the actual bid opening,
provided such date is not more than 60 days subsequent to the originally
scheduled date. No delay shall be ordered beyond such 60 day period,
unless the parties submitting timely bids consent to such delay in writing. In
no event is the County Manager authorized to extend the deadline for bid
submittals for any particular project, only the bid opening date.
23
(M) Contractor's Insurance Requirement:
1. Any Contractor submitting a bid for any public works project must
include, within its initial bid response, proof of the following insurance, in
effect continuously from the date of submittal through the 60 days
subsequent to the scheduled bid opening date:
a. Commercial General Liability
1. General Aggregate $1,000,000
2. Products and Completed Operations Aggregate $1,000,000
3. Personal and Advertising Injury $1,000,000
4. Each Occurrence $1,000,000
5. Fire Damage (any one fire) $ 50,000
6. Medical Expense (any one person) $ 5,000
b. Automobile Liability
1. Any automobile -Combined bodily injury/property
damage, $1,000,000
with minimum limits for all additional coverages
as required by Florida law
c. Workers Compensation/Employers Liability
1. Workers Compensation statutory limits
2. Employers Liability
a. Each Accident $ 100,000
b. Disease -Policy $ 500,000
C. Disease -Each Employee $ 10000
d. Professional Liability
1. When required by contract -per occurrence $1,000,000
2. Upon being awarded the bid, the contractor must provide proof that such
insurance will be in effect from the date of commencement of the project.
The contractor will maintain insurance coverage at the above -prescribed
levels through the date of completion of the project and that coverage will
include all independent contractors and subcontractors. Either prior to or
24
simultaneously with the execution of the contract, the successful bidder must
deliver certificates of insurance for the required insurance coverages to the
County naming "Clay County, a political subdivision of the State of Florida;
The Board of County Commissioners, Clay County, Florida; and all public
agencies of Clay County, as their interests may appear" as "Additional
Insureds." Said certificates of insurance shall also include a thirty day prior
written notice of cancellation, modification or non -renewal to be provided to
the County.
3. The Board reserves the right to waive, raise or lower the minimum
coverages required for particular projects prior to bid solicitation by
affirmative action. The Board will not waive any defects in a bid submittal
pertaining to matters under this subsection.
(N)
Bid Awards and Protests:
1. Both the INSTRUCTIONS and the PUBLISHED NOTICE for
every sealed bid solicitation shall include conspicuously the following
statements:
FOLLOWING THE BID OPENING AND TABULATION, A
"NOTICE OF INTENT TO AWARD BID" OR A "NOTICE
OF REJECTION OF ALL BIDS" WILL BE POSTED ON
THE INTERNET AT: [insert bid notice web address']. THIS
WEBPAGE CAN ALSO BE ACCESSED FROM THE
HOMEPAGE OF THE COUNTY'S WEBSITE AT: [insert
County's homepage address2I BY [insert suitable directions'].
NO OTHER NOTICE WILL BE POSTED.
PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE
FAILURE TO INCLUDE WITHIN THE SEALED BID
ENVELOPE A PROPER BID BOND OR OTHER SECURITY
As of the date on which this Purchasing Policy was adopted, the bid notice web address was:
http://www.claycountygov.com/Departments'Finance/decision bids.htm.
As of the date on which this Purchasing Policy was adopted, the County's homepage address was:
http://www.claycountygoN,.com/.
3 As of the date on which this Purchasing Policy was adopted, suitable directions would be: "FOLLOWING
THE "Notice of Intent Bids" LINK UNDER THE "Business" ROLLOVER BUTTON'.
25
APPROVED UNDER THE COUNTY'S PURCHASING
POLICY, IF REQUIRED FOR THIS SOLICITATION, OR
THE FAILURE TO FILE A WRITTEN NOTICE OF
PROTEST AND TO FILE A WRITTEN PETITION
INITIATING A FORMAI, PROTEST PROCEEDING
WITHIN THE TIMES AND IN THE MANNER
PRESCRIBED IN SECTION B.N. OF SAID POLICY, SHALL
CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST
THE BID SOLICITATION, ANY ADDENDUM THERETO,
OR THE BID DECISION, AS APPLICABLE, AND TO
INITIATE A FORMAL PROTEST PROCEEDING UNDER
SAID POLICY. THE COUNTY'S PURCHASING POLICY
CAN BE VIEWED AT THE COUNTY'S WEBSITE BY
FOLLOWING THE APPROPRIATE LINKS FROM THE
HOMEPAGE ADDRESS SET FORTH ABOVE.
IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER
THIS SOLICITATION REQUIRES A BID BOND, SUCH
PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR
MAKING APPROPRIATE INQUIRY.
2. Unless otherwise expressly directed by the Board in its decision on a
bid award, immediately following such decision the County Manager shall
cause a "Notice of Intent to Award Bid" or a "Notice of Rejection of All
Bids" to be posted on the County's website, with the time and date of
posting appearing thereon. Notice shall not be posted elsewhere. The notice
shall be posted in portable document format or other secure format.
3. The failure on the part of a prospective bidder to include within the
sealed bid envelope a proper bid bond or other security approved under this
policy, if required for the particular bid solicitation, or the failure by a
prospective bidder to file a written notice of protest and to file a written
petition initiating a formal protest proceeding within the times and in the
manner prescribed in this section shall constitute a waiver of the prospective
bidder's right to protest the bid solicitation, any addendum thereto, the
Board's bid decision, as applicable, and to initiate a formal protest
proceeding hereunder.
26
4. A prospective bidder is solely responsible for determining whether a
particular bid solicitation requires a bid bond, and for resolving any doubt by
malting appropriate inquiry.
5. The County Manager shall cause a copy of this policy to be posted on
the County's website in portable document format or other secure format.
The County Manager shall cause to be established conspicuous and easy -to -
follow links to the policy from the homepage.
6. Any person who is adversely affected by a bid solicitation, by any
addendum thereto, or by a bid decision may file with the County Manager a
written notice of protest no later than 4:30 p.m. on the third business day
immediately following the date notice is published, with respect to a bid
solicitation; no later than 4:30 p.m. on the third business day immediately
following the date of issuance, with respect to a bid addendum; and within
72 hours after the posting of the notice, exclusive of hours occurring during
days that are other than business days, with respect to a bid decision.
7. A formal protest proceeding shall be deemed commenced upon the
timely filing of a written petition initiating the same. A written petition
initiating a formal protest proceeding must be filed with the County Manager
no later than 4:30 p.m. on the tenth calendar day immediately following the
date on which the written notice of protest was filed; provided, if the tenth
calendar day is not a business day, then the petition must be filed no later
than 4:30 p.m. on the first business day immediately following said tenth
calendar day. The petition must set forth with particularity the facts and law
upon which the protest is based. The petition must conform substantially
with the requirements for petitions set forth in Rule 28-106.201, Florida
Administrative Code. References in this section to a petition shall mean a
written petition initiating a formal protest proceeding filed in accordance
with this subsection.
8. Any protest of a bid solicitation or bid addendum shall pertain
exclusively to the terms, conditions, and specifications contained in a bid
solicitation or bid addendum, including any provisions governing the
methods for ranking bids, proposals, or replies, awarding contracts,
reserving rights of further negotiation, or modifying or amending any
contract.
27
9. Upon receipt of a formal written notice of protest that has been timely
filed, the County Manager shall suspend the bid solicitation or bid award
process until the subject of the protest is resolved by final action as specified
in this section, unless the County Manager sets forth in writing particular
facts and circumstances which require the continuance of the solicitation or
award process without delay in order to avoid an immediate and serious
danger to the public health, safety, or welfare. Such suspension shall be
lifted immediately in the event the protesting party shall have failed to
timely file a petition.
10. Intervenors shall be permitted to participate in the formal protest
proceeding in accordance with the procedures governing intervenor practice
set forth in Rule Chapter 28-106, Florida Administrative Code, and shall be
subject to all limitations provided therein applicable to intervenors.
11. In his or her discretion, the County Manager may provide an
opportunity to resolve the protest by mutual agreement between the County
Manager and the protesting party within 7 calendar days after receipt of a
timely petition. Such agreement must be reduced to writing, signed by the
County Manager and the protesting party or such party's authorized agent,
and submitted to the Board at the earliest opportunity. The agreement shall
not be deemed effective unless ratified by the Board. If the Board shall fail
to ratify the agreement, then the protest shall proceed to resolution as
hereinafter provided.
12. Within 10 business days following the timely filing of a petition, or, if
the Board shall have considered but failed to ratify an agreement submitted
to it under subsection 11, then within 10 business days thereafter, a hearing
shall be conducted pursuant to subsection 13 before a hearing officer, who
shall be the County Manager or his or her designee. The County Manager
may designate any department head as the hearing officer; provided, a
department head who is substantially involved in or connected with the bid
solicitation or bid award process shall be deemed disqualified from serving
as the hearing officer, unless such involvement or connection is purely
ministerial in nature.
13. All hearings shall be conducted pursuant to written notice to the
protesting party, the County Attorney's Office and all intervenors by the
hearing officer specifying the time, date and place of the hearing. Particular
rules and procedures governing each such hearing are as follows:
E
a. The audio thereof shall be recorded electronically.
b. Prior to the hearing only, motion practice may be permitted by
the hearing officer in his or her discretion in accordance with the rules
governing the same set forth in Rule Chapter 28-106, Florida
Administrative Code. All motions shall be ruled upon prior to or at
the start of the hearing, except that rulings on motions in limine may
be deferred to an appropriate time during or after the hearing.
C. Prior to the hearing, the protesting party, the County and all
intervenors must confer and endeavor to stipulate to as many relevant
and undisputed facts upon which the decision is to be based as may be
practicable. Such stipulation must also identify those issues of
material fact, if any, that remain in dispute. The stipulation must be
reduced to a writing signed by or on behalf of the protesting party, the
County and all intervenors, and be submitted to the hearing officer at
least two business days prior to the hearing. The stipulation may
include an appendix comprising documents that shall be deemed
admitted and considered as evidence for purposes of the hearing, or
referring to tangible items deemed admitted and considered as
evidence for purposes of the hearing, which items shall either be
presented at the hearing or, if such presentation is impractical,
submitted to the hearing officer by graphic, descriptive,
representational, photographic, videotape or similar medium properly
depicting or characterizing the items.
d. The protesting party and all intervenors shall have the right to
appear before the hearing officer at the hearing in proper person or
through counsel and, as to those issues of material fact, if any, that
remain in dispute, as identified in the stipulation, to present relevant
testimonial, documentary and tangible evidence, and to be heard on
the substantive issues bearing on the protest. The County shall be
deemed a party to the proceeding, and the County Attorney or any
assistant county attorney may participate in the protest proceeding,
appear before the hearing officer, present evidence and be heard on
behalf of the County.
29
e. All witnesses shall be placed under oath by the hearing officer
prior to testifying, and shall be subject to cross-examination by any
hearing participant.
f. Hearsay evidence shall be admissible unless the hearing officer
shall determine the same to be redundant, unreliable or prejudicial.
G. At the hearing any hearing participant may offer appropriate
argument and summation, and submit a written brief and a proposed
order, but only after the conclusion of the evidentiary portion of the
hearing, if any.
h. Immediately following the hearing, the County Manager shall
cause a written transcript of all testimonial evidence introduced at the
hearing to be prepared expeditiously based upon the audio recording,
and shall provide copies of the same to all of the hearing participants.
i. Within 7 business days following the hearing, the hearing
officer shall submit a recommended order to the County Manager and
serve copies on all hearing participants; provided, if the County
Manager is the hearing officer, then within 7 business days following
the hearing, the County Manager shall issue a recommended order and
serve copies on all hearing participants. The recommended order
shall contain findings of fact and, based upon such facts, a disposition
of the protest; provided, no finding of fact may be predicated solely
upon the basis of hearsay.
j. The recommended order shall thereafter be submitted to the
Board along with the transcript of the hearing testimony and the entire
written and tangible record of the protest proceedings at the earliest
opportunity to be considered at a time certain, with notice thereof
served upon the hearing participants. Each of the hearing participants
shall be allowed 3 minutes to address the Board regarding the
recommended order, unless the Chairman in his or her discretion shall
allow additional time. If a hearing participant intends to challenge
any finding of fact in a recommended order that was based upon
testimonial evidence, such participant shall be allowed 2 additional
minutes for such purpose, and may direct the attention of the Board
members to any portion of the transcript relevant to the challenge.
The other hearing participants shall each have the right to offer
30
argument in rebuttal to the challenge, and to direct the attention of the
Board members to any portion of the transcript relevant to the
rebuttal. No testimony or other evidence beyond the record and the
transcript shall be presented to the Board. Thereafter the Board shall
render its decision on the protest. In so doing the Board shall be
bound by the findings of fact in the recommended order that are based
upon testimonial evidence, except those for which it upholds a
challenge. A challenge shall be upheld only if the finding of fact is
not supported by competent, substantial evidence in the record or in
the transcript. Otherwise, the Board shall not be bound by any of the
provisions of the recommended order. The decision of the Board shall
be reduced to a written order signed by the Chairman, and shall
constitute final action of the County on the protest.
k. The date, type and substance of all ex parte communications
between any Board member and a hearing participant, including
counsel therefor or any agent thereof, and between any Board member
and third party, must be publicly disclosed by the Board member prior
to the rendering of the Board's decision. All such communications
that are written or received electronically must be filed for the record,
and copies thereof provided to each Board member and hearing
participant.
14. All proceedings before the hearing officer shall be informal, and
customary rules of evidence shall be relaxed. In all respects both the hearing
officer and the Board shall observe the requirements of procedural and
substantive due process that are the minimum necessary for accomplishing a
fair, just and expeditious resolution of the protest.
15. Ex parte communications between a hearing participant and the
hearing officer are forbidden. The hearing officer may take such steps as he
or she may deem just and appropriate to prevent or sanction attempted ex
parte communications, including promptly disclosing the attempted
communication, or requiring the offending hearing participant to disclose
promptly the attempted communication, to the other hearing participants.
Where necessary, the hearing officer may recuse himself or herself, and the
subsequently designated hearing officer may order the offending participant
to pay for all or any portion of the costs incurred by the County and any
other hearing participant strictly as a consequence of the ex parte
communication or attempted ex parte communication, else be excluded from
31
further participation. Neither the County Attorney nor any assistant county
attorney shall be subject to this subsection or prohibited from engaging in ex
parte communications with the hearing officer.
16. The purpose of this policy is to promote fairness and public
confidence in the competitive bidding process. To further such end, and
except as otherwise specifically provided herein, the substantive law
governing the resolution of bid protests found in the decisions of the Florida
appellate courts, as well as any statutes or agency rules that may be
applicable to the particular bid solicitation, shall guide the hearing officer
and the Board in rendering a decision on a bid protest under this section.
The significant principles of law governing the bid protest and the resolution
thereof, which shall prevail to the extent not otherwise in conflict with any
governing statutes or agency rules, are as follows:
a. The burden is on the party protesting the award of the bid to
establish a ground for invalidating the award.
b. The standard of proof for the protest proceeding shall be whether
the proposed award was clearly erroneous, contrary to competition,
arbitrary, or capricious.
c. The proposed award shall be deemed arbitrary or capricious if it is
contrary in a material way to any governing statutes, the County's
rules or policies, or the bid or proposal instructions or specifications.
d. The scope of the inquiry is limited initially to whether the proposed
award is improper under the foregoing standard of proof. If and only
if the hearing officer first determines on the basis of competent and
substantial evidence that the proposed award is improper, then the
hearing officer may recommend, in accordance with the law and this
policy, an alternate disposition for the proposed award. Such
disposition may include, but shall not be limited to, rejecting all bids,
or awarding all or a portion of the bid to the protesting party.
e. A bid protest proceeding may not serve as a vehicle for the Board
to revisit the proposed award absent a determination of impropriety as
set forth above.
32
17. By written agreement amongst the protesting party, the County, and
all then -existing intervenors, any provision of this section pertaining to the
procedures for resolving a protest for which a petition has been timely filed
may be modified or waived so long as such modification or waiver shall not
hinder or thwart the proper and expeditious resolution of the protest, or
otherwise operate to undermine the salutary purposes of competitive, public
bidding.
18. Only to the extent necessary to avoid a miscarriage of justice or to
prevent a manifest violation of a hearing participant's procedural or
substantive due process rights, a hearing officer may modify or suspend the
applicability of any of the provisions or requirements of this section in the
course of conducting a protest proceeding hereunder; provided, a hearing
officer may not modify or suspend any of the provisions or requirements of
subsections 3, 4, 6, 7, 8, 16, 20, 21 and 22 hereof.
19. Except and to the extent specifically provided in this section, and
except and to the extent otherwise specified provided by written agreement
amongst the protesting parry, the County, and all then -existing intervenors,
no provisions of Rule Chapter 28-106, Florida Administrative Code, shall be
deemed applicable to the resolution of protests under this section.
20. For purposes of this section, the filing with the County Manager of a
written notice of protest or of a written petition initiating a formal protest
proceeding shall be deemed accomplished only when the original written
notice or original written petition has been physically received by the
County Manager or his or her designee. A notice or petition shall be deemed
original only if it bears the original signature of the protesting parry or such
party's authorized agent. No notice or petition may be filed by facsimile
transmission or by e-mail, and any notice or petition received in such
manner shall be deemed unfiled and ineffective. The use of an overnight
delivery service or of the United States Postal Service to file a notice or
petition shall be entirely at the risk of the person submitting the same, and
any such notice or petition so received after the applicable deadline shall be
deemed untimely.
21. For purposes of this section, a business day shall mean any 24-hour
day that is not a Saturday, a Sunday, or a holiday observed by the County.
JJ
22. For purposes of this section, counsel shall mean an attorney who is a
member of the Florida Bar in good standing.
23. For purposes of this section, all notices of protest and petitions
initiating formal protest proceedings, and all stipulations, briefs, proposed
findings of fact, written motions and proposed orders submitted to a hearing
officer shall be on white, opaque paper 8 1/ by 11 inches in size. The pages
of all such documents shall have margins on all sides of not less than 1 inch;
shall be in Times New Roman or Courier New font no smaller than 12 in
size, including footnotes and endnotes; shall have standard double-spacing
between lines, excluding quotations, footnotes and endnotes; and shall be
numbered at the bottom. All quotations shall be indented. Briefs shall not
exceed 15 pages in length, and may not include any appendices. A digital
copy of all written stipulations, briefs, proposed findings of fact, written
motions andproposed orders submitted to the hearing officer must be
simultaneously provided to the hearing officer in Word format, version 2000
or later, on compact disc or 3 1/" diskette.
24. For purposes of this section, a hearing participant shall mean and
include the protesting party, the County and any intervenor.
25. This section shall be construed and implemented so as to secure the
just, speedy, and inexpensive resolution of bid protests.
34
"NO BID" Statement
RFP # 08/09-3 Various Equipment and Amenities for Parks and Plavarounds. Clay Countv. Florida
If your company does not intend to bid on this procurement, please complete and return this form prior to
the date shown for receipt of bids to:
Clay County Purchasing Division,
Attn: Donna Fish,
P.O. Box 1366
Green Cove Springs, FL 32043
We, the undersigned, decline to bid on the above referenced invitation to bid for the following reasons:
1-1
110- Specifications are too restrictive (please explain below or attach separately)
00. Unable to meet specifications
Specifications were unclear (please explain below or attach separately)
110- Insufficient time to respond
000- We do not offer this product or service
Our schedule would not permit us to perform at this time
00. Unable to meet bond requirements
00- Other (please explain below or attach separately)
Remarks:
Company Name:
Signature:
Print Name:
Address:
Citv:
Zip:
Telephone:
Fax #:
Title: