INVITATION TO BID. Due Date: December 7, 10:00 a.m.

Transcription

1 INVITATION TO BID ITB #17 04 Matanzas High School Track Replacement Due Date: December 7, 10:00 a.m. Flagler County School Board is requesting sealed bids for the Matanzas High School Track Replacement. A mandatory bid conference/site visit will be held at 10 a.m. on Friday, November 18 th, 2016 at 3535 Old Kings Road North Palm Coast, FL It is the Schools Board s intent to award a contract to the responsive and responsible qualified bidder who submits the lowest responsive bid. 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, 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: Flagler County School Board Purchasing Department 1769 East Moody Blvd., Bldg. #2 Bunnell, FL 32110

2 SECTION 1 GENERAL INFORMATION GENERAL: Flagler County School Board is soliciting bids for the Matanzas High School Track Replacement. A mandatory bid conference/site visit will be held at 10 a.m. on Friday, November 18 th, 2016 at 3535 Old Kings Road North Palm Coast, FL RETURN TO: Flagler County School Board Purchasing Department 1769 East Moody Blvd., Bldg. #2 Bunnell, FL QUESTIONS: Any questions concerning conditions and specifications shall be directed in writing to the attention of the Purchasing Department, Flagler County School Board, 1769 East Moody Blvd., Bldg. #2., or via at conardk@flaglerschools.com. 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 November 2, 9 and 16, 2016 Mandatory Bid Meeting November 18, 10:00 a.m. Question Submission Deadline November 25, 4:00 p.m. Answers to Questions/Addendums December 1, 2016 Sealed Bids Due December 7, 10:00 a.m. Evaluation of Bids December 7, 2016 Recommendation to Board for Approval TBD SECTION 2 SCOPE OF WORK Flagler County School Board is soliciting bids for the Matanzas High School Track Replacement. A mandatory bid conference/site visit will be held at 10 a.m. on Friday, November 18 th, 2016 at 3535 Old Kings Road North Palm Coast, FL The scope of work includes renovating and resurfacing the existing high school track. The contract work to be performed under this section consists of all required labor, materials, equipment, implements, parts and supplies necessary for, the surfacing in accordance with these specifications and indicated on the drawings. The following items are included in the base scope of work and must be in accordance with current code enforcement regulations: Remove the existing track surface and dispose of the existing track materials Excavate soaker swales to correct drainage on the interior of the track, grade and sod areas affected by construction Install a new starting shute on home side of the track Redesign the track size from a 440 yard track to a 400 meter track in order to meet NFHS (National Federation of State High School Associations) Redesign the High Jump area in order to meet regulations Install new Polyurethane Synthetic Track system on all track surfaces Move shot put from current location to allow room for new shute Striping of all new track surfaces Clean entire track and event infield free of all dirt and debris Contractor shall have 60 consecutive calendar days to substantially complete their work Alternates 1. Add 8ft sidewalk to field house 2. Install type D curb around long jump and pole vault 3. Change color of track from black to blue

3 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 School Board anticipates issuing a 60 day Notice to Proceed. 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 negotiate/purchase per School Board policy and/or State Board Rule 6A 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.

4 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. STATE TERM CONTRACTS AND AGREEMENTS: Before purchasing nonacademic commodities and contractual services, the School Board reviews the purchasing agreements and state term contracts available under s to determine whether it is in the School Board s economic advantage to use the agreements and contracts. As such, all purchasing agreements and state term contracts available under s have been reviewed. In addition, the School Board may use the cooperative state purchasing programs managed through the regional consortium service organizations pursuant to their authority under s (3). 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 ( 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 , (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,

5 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, 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 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 the award process. 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 the 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. , 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 copy 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.

6 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 the Purchasing Department, Flagler County School Board, 1769 East Moody Blvd., Bldg. #2, Bunnell, FL or via at conardk@flaglerschools.com. 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 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 M. Certification of Insurance Requirements 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 Certificate of Insurance Bonding Capacity 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.

7 ATTACHMENT A. Submit to: Flagler County School Board BID COVER SHEET Purchasing Department 1769 East Moody Blvd, Bld #2 Bunnell, Florida Bid and Contract Contact: Purchasing Dept ext Bid Title: #17 04 Matanzas High School Track Replacement Bid Due Date: December 7, 10:00 a.m. Pre Bid Date and Time: November 18, 10:00 a.m. Pre Bid Location: 3535 Old Kings Road North Palm Coast, FL Company Name: Phone Number: Address: Mailing Address: City/State/Zip: Federal ID No. : 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. Authorized Signature Printed Name/Title Date

8 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 federal, state, or municipalities 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

9 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)

10 ATTACHMENT D. Sworn Statement Pursuant to Section , 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, We understand that the Act sets forth the background screening requirements of section , Florida Statutes for all noninstructional 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 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 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 We understand that level 2 background screening requirements, as defined in section , 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 , 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)

11 ATTACHMENT E. Sworn Statement Pursuant to Section (3), Florida Statutes Public Entity Crime We certify that we have read and understand Florida Statutes, section 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 , 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 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, 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, 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, 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)

12 ATTACHMENT F. DRUG FREE WORKPLACE CERTIFICATION FORM In accordance with Florida Statute , 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

13 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 04 Matanzas High School Track Replacement Due Date: December 7, 10:00 a.m. Submitted by (Name of Company) Deliver to: Flagler County School Board Purchasing Department 1769 East Moody Blvd., Bldg. #2 Bunnell, FL 32110

14 ATTACHMENT H. ACKNOWLEDGMENT OF ADDENDA ITB #17 04 Matanzas High School Track Replacement Due Date: December 7, 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

15 ATTACHMENT I. PRICING ITB #17 04 Matanzas High School Track Replacement Due Date: December 7, 10:00 a.m. Amount of Base Bid: $ Alternates (Do not include the base bid amount. The cost listed should be in addition to the base bid): 1. Add 8ft sidewalk to field house $ 2. Install type D curb around long jump and pole vault $ 3. Change color of track from black to blue $ It is the bidder s responsibility to check the website for final documents and addendums before submittal. Name of Business Name of Authorized Official Title of Authorized Official Signature of Authorized Official

16 ATTACHMENT J. NO BID RESPONSE FORM ITB #17 04 Matanzas High School Track Replacement Due Date: December 7, 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: Flagler County School Board Purchasing Department 1769 East Moody Blvd., Bldg. #2 Bunnell, FL conardk@flaglerschools.com 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

17 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, 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, 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

18 ATTACHMENT L. REFERENCE FORM Please provide the below information for three agencies for whom you have provided goods or services that are similar in scope to the goods and/or services required by this solicitation. Agency Name: Contact Person: Phone: Project Value: Completion Date: Comments: Description: Agency Name: Contact Person: Phone: Project Value: Completion Date: Comments: Description: Agency Name: Contact Person: Phone: Project Value: Completion Date: Comments: Description:

19 ATTACHMENT M. CERTIFICATION OF INSURANCE REQUIREMENTS School Board Policy #733 Insurance Requirements for Design Professionals and Contractors I. Consultants and Design Professionals A. Acquisition and Disposal of Real Property: Consultants contracted to perform Environmental Site Assessment shall carry two million dollars ($2,000,000.00) in professional liability insurance. II. Design Professional Insurance A. The Design Professional shall carry insurance against errors and omissions or liability: 1. The design professional shall carry a minimum of $2,000, on projects estimated to cost not more than $10,000, and a minimum of $4,000, on projects estimated to cost more than $10,000, Design Professionals selected for reuse of Flagler School Board prototype plans shall carry a minimum of $2,000, The insurance requirement should be included in the advertisement for request for services. 3. Design Professionals must purchase insurance on a project by project basis. B. Design Professionals contracted for the express purpose of reviewing construction documents: II. A Design Professional selected by RFQ process will be utilized to review all construction documents where estimated cost is over $1,000,000. unless reviewed by the Department of Education (DOE). Any Design Professional reviewing documents, other than the DOE, will comply with the following: A. The Design Professional shall carry a minimum of twenty five percent (25%) of the estimated cost of the project. B. The insurance requirement should be included in the advertisement for request for services. C. Design Professionals must purchase insurance on a project by project basis. II. Payment and Performance Bonds A. A payment and performance bond is required on all new facility construction contracts over the amount established in F. S (1)(e). 1. Contractors shall adjust the amount of the payments and performance bond with each approved change order. 2. Contractors shall furnish payment and performance bonds to Flagler County Public Schools equal to the Guaranteed Maximum Price or Stipulated Sum cost of the project, whichever is applicable. 3. A contractor is not required to secure a surety bond from a specific agent or bonding company. The bond must state on its front page: The name, principal business address, the phone number of the contractor, the surety, the owner of the property being improved, the contract number assigned by Flagler County Public Schools and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement. 4. Such bond shall be conditioned upon the contractor's performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons defined in s , who furnish labor, services, or materials for the prosecution of the work provided for in the contract. II. Contractor Insurance Requirements A. Broad Form Property Damage Including Completed Operations: any person entering into a formal contract with Flagler County Public schools for the construction of a building, shall, before commencing the work or before recommencing the work after a default or abandonment, deliver an ISO Broad Form Commercial General Liability Policy. Liability Insurance shall include all major division of coverage and be on a comprehensive basis including but not limited to: 1. Premises Operations (including X, C, and U coverage except when work does not include foundation, structural work, pressure fired vessels or materials or constructions that could explode). 2. Independent Contractor's Protective 3. Products and Completed Operations 4. Personal Injury Liability with Employment Exclusion deleted. Hazards A, B. and C. 5. Owned, non owned and hired motor vehicles. 6. Broad Form Property Damage including Completed Operations.

20 II. 7. Employees as additional insured. B. The insurance required shall be written for not less than the following limits. 1. Workers' Compensation: a. Employers Liability: $500,000. per accident, $500,000. Disease, Policy Limit $500,000. Disease, Each Employee. The contractor shall require its subcontractors to provide Workers' Compensation Insurance for all employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any case of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workers' Compensation Statute, the contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Owner for the protection of his employees not otherwise protected. 2. Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operation Broad Form) (Liability, Contractual Liability) 3. Bodily Injury a. Each Occurrence $1,000, b. Annual Aggregate $2,000, Completed Operations and Products Liability shall be maintained for one (1) year after final payment. 3. Property Damage Liability Insurance shall include coverage for the following hazards: X, C, U. 4. Comprehensive Automobile Liability (including owned, non owned, and hired vehicles): 1,000, Combined Single Limit for Bodily Injury and Property Damage. 5. The School Board of Flagler County shall be listed both as an "Additional Insured" and "Certificate Holder" on the policy. Asbestos Abatement A. Prior to issuing any abatement contract, which shall be based on specifications prepared by an asbestos consultant, the contracting agency shall verify that the asbestos contractor has liability insurance with a pollution endorsement against claims or claim expenses arising from any abatement project. B. In the event such liability insurance ceases to be available to asbestos contractors, the asbestos contractor shall post a surety bond or letter of credit. We hereby acknowledge that we have read, understand, and will comply with the above School Board Policy #733, Insurance Requirements for Design Professionals and Contractors. NOTE: Attach Certificate of Liability Insurance and Bonding Capacity (if applicable). Name of Business Name of Authorized Official Title of Authorized Official Signature of Authorized Official