Okaloosa County BOCC — February 18, 2014 — Repair & Paint Countryview & Bluewater Tanks — reading text

Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 15.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from 1) further bidding on the Work, and 2) doing any work on the Contract, either as a subcontractor or in any other capacity. ARTICLE 16 - OPENING OF BIDS. Repair & Paint Countryview & Bluewater Tanks 00100-9 Job No. 41-459 16.01 Bid opening shall be public, on the date and time specified on the Bid form. It is the Bidder’s responsibility to assure that his bid is delivered at the proper time and place. Offers by email, telegram, facsimile or telephone are not acceptable. 16.02 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. A tabulation of the amounts of Bids will be made available to Bidders after the opening of Bids. ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE. 17.01 All Bids will remain subject to acceptance for thirty-five (35) days after the day of the bid opening, but the OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 18 - AWARD OF CONTRACT. 18.01 Right to Waive and Reject: A. The Board, in its absolute discretion, may reject any Bid of a Bidder that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project ina timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. B. There is no obligation on the part of the County to award the Bid to the lowest Bidder, and the County reserves the right to award the Bid to Bidder submitting a responsive Bid with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County and to reject any and all Bids or to waive any irregularity or technicality in Bids received. Okaloosa County shall be the sole judge of the Bid and the resulting negotiated agreement that is in its best interest and its decision shall be final. C. The Board of County Commissioners reserves the right to waive any informalities or reject any and all Bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this Bid and to accept the Bid that in its judgement will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional Bids and will normally reject those which made it impossible to determine the true amount of the Bid. Each item must be Bid separately and no attempt is to be made to tie any item or items to any other item or items. 18.02 Disqualification of Bidders: Any of the following reasons may be considered as sufficient for the disqualification of a Bidder and the rejection of his Bid or Bids: Repair & Paint Countryview & Bluewater Tanks 00100-10 Job No. 41-459 A. More than one Bid for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the Bidder has a financial interest in the firm of another Bidder for the same work. C. Evidence of collusion among Bidders. Participants in such collusion will receive no recognition as Bidders for any future work of the County until such participant shall have been reinstated as a qualified Bidder. D. Uncompleted work which in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement for bids. F. Default under previous contract. G. Listing of the Bidder by the Federal Government on its barred/suspended vendor list. ARTICLE 19 - CONTRACT SECURITY AND INSURANCE. 19.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and Insurance Certificates. ARTICLE 20 - SIGNING OF AGREEMENT. 20.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 21 - PUBLIC ENTITY CRIME INFORMATION. 21.01 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 contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact Repair & Paint Countryview & Bluewater Tanks 00100-11 Job No. 41-459 business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 22 - CONFLICT OF INTEREST. 22.01 The award hereunder is subject to the provision of Chapter 112, Florida Statutes. All bidders must disclose with their bid proposal the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa County Board of County Commissioners, or any of its agencies. Further, all bidders must disclose with their bid proposal the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. 22.02 The Contractor, prior to or at the time of submission of the bid proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, or other designated official in the case of another owner, if he is an officer or employee of the County, disclosing his or spouse's or child's interest and the nature of the intended business. Note: (For Bidder's convenience, this form of Conflict of Interest Disclosure is enclosed as Attachment "A" with Section 00300 "Bid Proposal" and is made a part of the Bid Package.) ARTICLE 23 - PRE-BID CONFERENCE. 23.01 A mandatory Pre-Bid conference will be held at 2:00 PM on Wednesday, January 22, 2014 in the Small Conference Room, 1804 Lewis Turner Bivd., Fort Walton Beach, FL 32547. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are required to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary to response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 24 - IDENTICAL TIE PROPOSALS 24.01 Preference shall be given to businesses with drug-free workplace programs. Should two or more proposals which are equal with respect to price, quality and service be received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to determine whether or not a business has such a program, the enclosed Drug-Free Workplace Certification form must be submitted with the bid. Failure to submit this Certification will result in your bid being declared non-responsive; provided, however, that the low bidder may be given the opportunity to submit the Certification to the County within five (5) calendar days after notification by the County if this is determined to be in the best interest of the County. Repair & Paint Countryview & Bluewater Tanks 00100-12 Job No. 41-459 24.02 Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: (For Bidder's convenience, this form of Drug-Free Workplace Certification is enclosed as Attachment "B" with Section 00300 "Bid Proposal" and is made a part of the Bid Package.) ARTICLE 25 - INDEMNIFICATION AND HOLD HARMLESS 25.01 Each Bidder must submit with his bid an executed sworn certification that he will comply with the Hold Harmless in accordance with the provisions of Florida Statutes, Section 725.06 To the fullest extent permitted by law, CONTRACTOR shall indemnify hold harmless OWNER, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. Note: (For Bidder's convenience, this Certification Form is enclosed as Attachment "C" with Section 00300 "Bid Proposal" and is made a part of the Bid Package.) ARTICLE 26 - DISCRIMINATION 26.01 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. ARTICLE 27 - INSURANCE 27.1. Each Bidder along with his insurance agent/carrier shall review the insurance requirements for this project and each Bidder shall submit with his bid an executed sworn certification that insurance policies currently in effect meet the requirements or that a quotation for additional policies or policy modifications was obtained to meet the requirements of this project. Note: (For Bidder’s convenience, this Insurance Compliance Certification Form is enclosed as Attachment “D” with Section 00300 “Bid Proposal” and is made a part of the Bid Package.) ARTICLE 28 - REFERENCES Repair & Paint Countryview & Bluewater Tanks 00100-13 Job No. 41-459 28.1 Note: Each Bidder shall provide a listing of references as outlined in Paragraph 3 of this Section. (For Bidder’s convenience, a Reference Form is enclosed as Attachment “E” with Section 00300 “Bid Proposal” and is made a part of the Bid Package. Bidder may substitute reference listing of their own format for Attachment “E” if said listing includes all information for each project outlined in Paragraph 3 of this Section.) ARTICLE 29 - NO CONTACT CLAUSE 28.1 Note: The Okaloosa County Board of County Commissioners has established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County