HomeMy WebLinkAboutReso 2011-1691
RESOLUTION NO. 2011- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE
AGREEMENT WITH REP SERVICES, INC. FOR THE
PURCHASE AND INSTALLATION OF PLAYGROUND
EQUIPMENT AND SAFETY SURFACE FOR HERITAGE
PARK, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
SIXTY-SIX THOUSAND THREE HUNDRED SEVENTY-
THREE DOLLARS AND THIRTY -FOUR CENTS ($266,373.34),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is in need of a contractor to provide and install playground
equipment and safety surface for the City's Heritage Park; and
WHEREAS, the City wishes to contract with Rep Services, Inc. which is a certified and
insured company with the necessary experience to provide the desired services; and
WHEREAS, Rep Services, Inc. has agreed to provide the services to the City using the
Clay County Contract No. 08/09-3 and the School District of Manatee County Contract No. 11-
0014- MR; and
WHEREAS, pursuant to Section 62-13 of the City's Procurement Code, purchases made
under state, county or other governmental contracts, or competitive bids with other governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Rep Services, Inc. for the purchase and
installation of playground equipment and safety surface for Heritage Park, in an amount not to
exceed Two Hundred Sixty-Six Thousand Three Hundred Seventy-Three Dollars and Thirty-
Four Cents ($266,373.34), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratifying the Purchase. The City Commission hereby approves the purchase and
installation of playground equipment and safety surface from Rep Services, Inc. for Heritage
Park, in an amount not to exceed Two Hundred Sixty-Six Thousand Three Hundred Seventy-
Three Dollars and Thirty-Four Cents ($266,373.34), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
R20 11- Purchase Playground Equip for Heritage Park
Page 1 of2
PASSED AND ADOPTED this 8th day of March 2011.
! ,
ATTEST:
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'. .Jane!iA. Hfnes, CMC, City Clerk
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AS TO FORM AND
I NCY
Vote: 6-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
R20 11- Purchase Playground Equip for Heritage Park
v (Yes)
-'L:- (Yes)
V (Yes)
V (Yes)
if (Yes)
Page 2 of2
Moved by: V\'-A.. ~y'~Il\t-<tlC
Seconded by: (i~~~ ~lci:)
_(No)
(No)
_(No)
_(No)
_(No)
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH REP SERVICES, INC.
CONTRACT NO. CIOII-032
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this ~ day off14Jr'^-- , 2011, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and REP SERVICES,
INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal LD. # is 59-2978507.
RECIT ALS
WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide and
install playground equipment for the City's Heritage Park, ("Services"); and
WHEREAS, Contractor is a certified and insured company with the necessary
experience to provide the desired Services; and
WHEREAS, the City wishes to contract with Contractor as more particularly described
in Attachment "A", attached hereto and made a part hereof, to provide the desired Services; and
WHEREAS, the Contractor has agreed to provide the Services to the City using the Clay
County Contract Number 08/09-3 and the School district of Manatee County Contract Number
11-0014- MR, per attached Attachment "B", attached hereto and made a part hereof; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in Attachment "A" for a total amount not to exceed Two Hundred
Sixty-Six Thousand Three Hundred Seventy-Three Dollars and Thirty-Four Cents ($266,373.34).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SCOPE OF WORK. Contractor shall manufacture and install the playground
equipment as described in Attachment "A", attached hereto and incorporated herein (the
"Work"). Contractor shall provide and furnish all labor, materials, necessary tools, expendable
equipment and all utility and transportation services required for the Work. All of said Work to
be performed and materials to be furnished for the Work shall be in strict compliance with the
specifications set forth in this Agreement and Attachment "A". The Work shall be completed
CIOII-032 AGREEMENT
Exhibit "A"
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
within the time set forth in this Agreement. Contractor shall not commence the Work until such
time as directed by the City.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall begin upon issuance of a Notice to Proceed
from the City Manager or his designee and shall end no later than 8 (Eight) weeks thereof.
Payment will be made only for Work completed to the satisfaction of the City. Contractor is to
commence performance of Work from the date of issuance of the Notice to Proceed and shall
continue in a diligent manner until the Work is complete. Contractor acknowledges that
compliance with the commencement and completion schedule is the essence of this Agreement..
4. COMPENSATION. The Contractor agrees to provide the desired Work, as more
particularly described in Attachment "A", for a total amount not to exceed Two Hundred Sixty-
Six Thousand Three Hundred Seventy-Three Dollars and Thirty-Four Cents ($266,373.34).
Payment to Contractor for all charges and tasks under this Agreement shall be in accordance
with this Agreement and the schedule of charges reflected in Attachment "A" and under the
following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
CIOII-032 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
contested amounts until they are resolved by agreement with Contractor. Contractor shall not
pledge the City's credit or make it a guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event
the Work is not complete within 8 (Eight) weeks from the issuance of a Notice to Proceed from
City Manager or his Designee, and in the absence of any extended deadline granted by City, then
the Contractor shall be required to pay a liquidated damage penalty of $600.00 (Six Hundred
Dollars) for each calendar day beyond the 8 (Eight) weeks completion period, continuing to the
time at which the Work is complete. Such amount is the actual cash value agreed upon as the
loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to
withhold 50% of the total Compensation to be paid to Contractor until final completion and
acceptance of the Work.
6. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below:
o Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) aggregate.
o Worker's Compensation, as required by law, but with no less than $1,000,000.00
for Employer's Liability.
o Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident
for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident
for property damage.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy(ies) shall be issued by
companies authorized to do business under the laws of the State of Florida and acceptable to the
City with a minimum A.M. Best rating of A-Excellent. Before any work under this
CIOII-032 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Agreement is performed, and at any time upon request, Contractor shall furnish to the
City certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as additional insured.
All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall
be in forms and issued by insurance companies acceptable to the City Manager or his designee.
All insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City Manager or his
designee. Contractor shall also require and ensure that each of its sub-Contractor(s) providing
services hereunder (if any) procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE
INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
7. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional ServicesIWork performed under this
Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
ServicesIWork undertaken in the performance of this Agreement, including any person for
whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties
agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the
indemnification set forth in this Agreement.
8. TERMINATION AND REMEDIES FOR BREACH.
a. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Work then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses, or is unable to perform any term of this Agreement, City shall pay
for services rendered as of the date of termination.
CIOII-032 AGREEMENT
4
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
1. In the event of termination, all finished and unfinished documents, data
and other work product prepared by Contractor (and sub Contractor (s))
shall be delivered to the City and the City shall compensate the Contractor
for all Work satisfactorily performed prior to the date of termination, as
provided in Paragraph 4 herein.
11. Notwithstanding the foregoing, the Contractor shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the
Agreement by Contractor and the City may reasonably withhold payment
to Contractor for the purposes of set -off until such time as the exact
amount of damages due the City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Work then remaining to be performed at any time by
giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and
A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Work to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
9. PERFORMANCE. Contractor shall at all times faithfully, competently, and to the best
of their ability, experience, and talent perform the Work described in this Agreement. Contractor
shall employ, at a minimum, generally acceptable industry standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder in meeting
its obligations under this Agreement. Contractor agrees to have a qualified representative to
audit and inspect the Work provided on a regular basis to ensure the Work is being performed in
accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to
the City accordingly. Contractor agrees to immediately inform the City via telephone and in
writing of any problems that could cause damage to the City's property, improvements, and
persons.
10. CITY APPROVAL AND CONTRACTOR'S GUARANTEE OF WORK. All labor,
materials, tools, equipment, and services shall be furnished and Work performed and completed
subject to the approval of the City. Contractor agrees that the quality of the Work shall be
guaranteed for at least l(one) year from the date of acceptance by the City.
11. ELECTION OF REMEDIES AND RESERVATION OF RIGHTS. In the event the
Work fails to conform with the requirements under this Agreement, the City may, at its option,
(1) reject the whole of the equipment and installation, (2) accept the whole of the equipment and
CIOII-032 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
installation, or (3) accept any commercial unit or units of the equipment and reject the remainder
of the installation. The exercise of any of the above options shall be "without prejudice" and
with full reservation of any rights and remedies of City attendant upon a breach by Contractor.
In the event that the Contractor fails to complete the Work pursuant to the terms of this
Agreement and City must undertake the completion of performance of Work, Contractor agrees
to indemnify the City for all costs incurred with respect to the completion of the Work and any
damages the City may suffer as a result of the Contractor's failure to perform the Work.
12. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor IS an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement.
13. OWNERSHIP OF DOCUMENTS AND EOillPMENT. All documents prepared by
the Contractor pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Contractor or other parties
shall be approved in writing by the City. If requested, Contractor shall deliver the documents to
the City within fifteen (15) calendar days.
14. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
15. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of 10 (Ten) years subsequent to that date upon which
the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
CIOII-032 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Contractor from violating such
provIsIons.
16. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City: Jorge Vera With a copy to:
Acting City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins A venue City of Sunny Isles Beach
Fourth Floor 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Contractor: Nathan Almon
Sales Administrator
Rep Services, Inc.
902 Waterway Place
Longwood, Florida 32750
Tel: (407) 831-9658
17. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County,
Florida.
18. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three (3) years.
19. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
ClOll-032 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708),
which prohibits discrimination against the handicapped in any Federally assisted program.
20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement conditions
hereunder. The Contractor covenants that it presently has no interest and shall not acquire any
interest, directly or indirectly which should conflict in any manner or degree with the
performance of the Services. The Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall knowingly be employed by the Contractor.
The Contractor guarantees that he/she has not offered or given to any member of, delegate to the
Congress of the United States, any or part of this contract or to any benefit arising therefrom.
21. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document, including
any attachment hereto.
22. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties,
and may be amended, waived, changed, modified, extended or rescinded only by in writing
signed by the party against whom any such amendment, waiver, change, modification, extension
and/or rescission is sought.
23. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
CIOII-032 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
24. MISCELLANEOUS.
A. In the event any provlSlon of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. All representations, warranties, covenants and agreements of the parties contained
in this Agreement shall survive the execution, delivery, installation and performance of this
Agreement.
[Remainder of page intentionally left blank]
CIOII-032 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement III
duplicate on the day and year first written above.
WITNESSES:
REP SERVICES, INC.
S' ature and Title
~~~~
WITNESSES:
~~~
R . W fv\. Grl:: A\2- ~
Print Name
ATTEST:
BAA~~..
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL S IE CY
BY:
CIOII-032 AGREEMENT
10
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..J
-.J
902 Watorway Placo
Longwood, FL 32750.3573
)PH: 407-831-9658
FX: 407.834.5366
sales@repoorvlces.com
www.repservlces.com
February 25, 20) 1
,
.
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RE: Clay County Contract #08/09-3
The City of Sunny Isles Beach will receive the same terms, conditions and prices as per the Clay
County Contract #08/09-3 that they are piggy backing.
If you need to contact me, my email addressisjacqui@repservices.com.
Regards,
ATTACHMENT "A"
C' \ \ .
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Site Amenities - Playground Equipment a Safety Surfacing _ Shade & Sh~lters
902 WntolWi'lY Pineo
Lonowood, FL 32750.3573
PH: 407.831.9658
FX: 407-834.5366
sOItosf.!lrcpsorvieos.eom
www.rcpsorvlcoG.com
February 25, 2011
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RE: School District of Manatee County Contract #11-OOI4-MR
The City of Sunny Isles Beach will receive the same terms, conditions and prices as per the School
District of Manatee County Contract #ll-OOI4-MR that they are piggy backing.
I f you need to contact me, my ema it address is jacqu i@repservices.com.
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Site Amenities - Playground Equipment - Safety Surfacing _ Shade & Shelters
!J~ REP SERVICES, INC.
~11i Experts at Play &- Outdoor Spaces
Page 1 of 3
Please make pas and contracts out to:
Rep Services, Inc.
902 Waterway Place
Longwood, FL 32750--3573
Please mail checks to:
Rep Services. Inc.
902 Waterway Place
Longwood, FL 32750--3573
Proposed
To:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Ship To:
City of Sunny Isles Beach
193rd & Collins Avenue
Sunny Isles Beach, FL 33139
Bill To:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
AUn:
Phone:
Fax:
Giovanni Batista
305-947-0606
305-949-3113
AUn:
Phone:
Fax:
Giovanni Batista
305-947-0606
305-949-3113
AUn:
Phone:
Fax:
Terms:
Giovanni Batista
305-947-0606
305-949-3113
See below
Project No: 4724
Proposal No: 4724.18
Proposal Date: 2/21/2011
For Questions Contact: Jacqui Rohrborn
Sales Consultant: Debbie Levine
Project Name:
Proposal Name:
Proposal Expires:
Heritage Park
Heritage Park - Play Area
3/23/2011
Project Contact:
Project Location:
Giovanni Batista
193rd & Collins Avenue
Sunny Isles, FL 33139
Phone: 407-831-9658
Phone: 561-353-0980
E-Mail: jacqui@repservices.com
E-Mail: dlevine@repservices.com
Option: E Rev: 6
Input By: JR - 2/21/2011
Vendor:
Landscape Structures
527712
proj Drawings:
Freight: Prepaid
Ship Method: Best Way
FOB: Destination
Part No
Qty Description
Unit Wt
Unit Price
Net Price
Ext Price
Custom or Non- TV THANK YOU FOR THE OPPORTUNITY TO 0 0.00 -3.0% 0.00 0.00
Catalog PRESENT LSI PRODUCTS
Subtotal for 0 $0.00
Evos, Mobius, Lunar Burst & Swings
Climbers IP150637 A-001 1 Mobius Climber 7-Panel DB Only 667 10,779.06 -3.0% 10,455.69 10,455.69
IP173754A-001 1 Lunar Burst DB Only 925 13,158.68 -3.0% 12,763.92 12,763.92
IP174806A-001 4 Aeronet Climber - Lunar Burst Seat 4 95.92 -3.0% 93.04 372.15
Evos Clamps EV156439A-001 5 Clamp No Faces (0-0) 0 0.00 -3.0% 0.00 0.00
EV156440A-001 6 Clamp One Face (A-A) 0 0.00 -3.0% 0.00 0.00
EV156441A-001 1 Clamp Two Faces 90. (A-B) 0 0.00 -3.0% 0.00 0.00
EV156442A-001 2 Clamp Two Faces 180. (C-C) 0 0.00 -3.0% 0.00 0.00
Evos EV156449A-001 1 Helix Net DB Only 165 4,033.01 -3.0% 3,912.02 3,912.02
Components
EV156450A-001 1 Swiggle Stix DB Only 151 3,763.54 -3.0% 3,650.63 3,650.63
EV156452A-001 3 Wobble Pod DB Only 122 940.88 -3.0% 912.66 2,737.97
EV156456A-001 1 Slalom Glider DB Only 98 2,137.54 -3.0% 2,073.42 2,073.42
EV156460A-001 1 The Blender DB Only 96 1,612.29 -3.0% 1,563.92 1,563.92
EV156463A-001 1 Bow Ladder 143 1,890.90 -3.0% 1,834.18 1,834.18
EV156464A-001 1 PodStomper DB Only 251 3,973.64 -3.0% 3,854.43 3,854.43
EV156467A-001 2 Cycler DB Only 48 913.48 -3.0% 886.08 1,772.15
EV156959A-001 1 Noodle Pod 8Height DB Only 28 662.27 -3.0% 642.40 642.40
EV164156B-001 1 Noodle Pod DB Only 47 881.51 -3.0% 855.06 855.06
Evos Structures EV157106A-001 1 Evos 3 Arch Small DB Only 1,122 18,159.98 -3.0% 17,615.18 17,615.18
EV160357A-001 1 Evos 4 Arch DB Only 1 ,433 20,256.42 -3.0% 19,648.73 19,648.73
Indep. IP160315A-001 1 Gyro Twister SinglelW/Alum Posts DB 139 1,575.75 -3.0% 1,528.48 1,528.48
Playthings
Indep. Swings IP100050C-010 1 5Arch Swing 2 Place Uncoatedl2 BeltlDB Only 220 2,073.60 -3.0% 2,011.39 2,011.39
Playthings IP152179A-001 2 Saddle Spinner DB 16Height 40 717.08 -3.0% 695.57 1,391.14
Subtotal for Evos, Mobius, Lunar Burst & Swings 6,043 $88,682.88
Weavos Design 1, Sensory Play & Swings
Indep. Swings IP122837A-002 1 Single Post SwinglUncoated Chain 1 Full 256 1,446.50 -3.0% 1,403.10 1,403.10
Bucket 1 Molded BucketlDB Only
!I~ REP SERVICES, INC. "I
This proposal is presented by 902 Waterway Place' Longwood, FL 32750-3573
... .. :i ....
~I~ Experts at Play &- Outdoor Spaces 407.831.9658 (P) . 407.834.5366 (F) ; 800.992.5357
WWIN.reoservices .com sales@repservices.com
Proposal No:
4724.18
Project Name: Heritage Park
Proposal Date: 2/21/2011
Page 2 of 3
Vendor:
Proj Drawings:
Freight: Prepaid
Ship Method: Best Way FOB: Destination
Unit Wt Unit Price Net Price Ext Price
88 817.56 -3.0% 793.04 3,172.15
38 548.09 -3.0% 531.65 1,063.29
41 1,863.50 -3.0% 1,807.59 1,807.59
20 447.61 -3.0% 434.18 434.18
53 1,863.50 -3.0% 1,807.59 1,807.59
36 1,114.45 -3.0% 1,081.01 1,081.01
1,450 15,908.25 -3.0% 15,431.01 15,431.01
2,284 $26,199.93
8,327 $114,882.80
Freight Charge: $4,370.00
Landscape Structures Total: $119,252.80
Landscape Structures
527712
Part No
Qty Description
Sensory Play
IP168100A-001
IP168101A-001
IP168104A-001
IP168105A-001
IP168108A-001
IP168662A-001
WV164217A-001
4 Sensory Play Center Wall DB
2 Sensory Play Center Wall End DB
1 Optigear Panel
1 Imagination Table
1 Kaleidospin Panel
1 Marble Panel
1 Weevos Design 1 w/ASTM Rail DB
Weevos
Structures
Subtotal for Weevos Design 1, Sensory Play & Swings
Total Product:
Discount per the Clay County Contract #08/09-3: $3,553.08
Vendor:
FOB: Destination
Hanover Specialties, Inc.
527713
Proj Drawings:
Freight: Prepaid
ShIp Method: Best Way
Surfacing
Part No
CP-HERIT AGE
PARK-PIP
SUNNY ISLES
Qty Description
9,176 Poured in Place surfacing by VitriTurf at 3.25"
Thickness; includes materials, installation and
freight
Breakdown in Notes Section
Unit Wt
UnIt Price
Net Price
Ext Price
o
11.93 -4.0%
11.45
105,090.89
Total Product:
$105,090.89
o
Discount per the School District of Manatee Co. Contract 11-0014-MR: $4,378.79
Freight Charge:
Hanover Specialties, Inc. Total:
Included
$105,090.89
Vendor:
[JW Recreation Services, Inc.
527455
Part No
Qty Description
Ext Price
Custom
DUMPSTER
INSTALL-LSI
INSTALL-LSI
STORAGE
2 Dumpster
1 Installation of Landscape Structures Weevos Play System
1 Installation of Landscape Structures Evos Play System
1 (2) STORAGE Containers FOR PRODUCT PENDING INSTALL
1,014.20
9,144.27
30,730.22
1,140.97
D W Recreation Services, Inc. Total:
$42,029.66
General Terms of Sale and Proposal Summary
Government: Net 30
With Credit Approval: 50% down, Net 30
All Others: '50% down, Balance Prior to Shipment
'Note: Orders less than $5,000 require check with order
I Notes
Proposal includes equipment delivered and installed.
Product:
Installation:
Freight:
Proposal Total:
$219,973.68
$42,029.66
$4,370.00
$266,373.34
Clay County Contract #08/09-3 discounts and installation: Landscape Structures 2% discount; installation 40% of list price (Installation does not include site prep,
slabs or engineered footings)..
Vitriturf pricing is per the School District of Manatee County Contract #11-0014-MR. Installation is by quote only.
This proposal is presented by
~~ REP SERVICES, INC.
~11i Experts at Play &> Outdoor Spaces
902 Waterway Place' Longwood, FL 32750-3573
407.831.9658 (P) . 407.834.5366 (F) . 800.992.5357
www.reoservices.comsales@repservices.com
"'\
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Proposal No:
4724.18
Project Name: Her~age Park
Playground Structures by Landscape Structures
Evos and Weeves Play Systems Specified
Playground Safety Play Surface by VitriTurf PIP equal to Sheet LS-501
Playground #1 (2-5 year olds) = 2,556 sJ. (this quantity just increased slightly due to the removal of several
seat walls)
4A (75% grey/25% black) = 1113 sJ.
4B (75% grey/25% red) = 1224 sJ.
4C (red) = 219 sJ.
Playground #2 (5-12 year olds) = 6,620 sJ.
4A (75% grey/25% black) = 2730 sJ.
4B (75% grey/25% red) = 3380 sJ.
4C (red) = 510 sJ.
Proposal Date: 2/21/2011
Page 3 of 3
To order, please sign below and return to Rep Services Inc. at the address or fax number noted below. Thank You.
Name
Date
This proposal is presented by
!lrii REP SERVICES, INC.
IIIIE
1ll.1 [~ Experts at Play &> Outdoor Spaces
902 Waterway Place' Longwood, FL 32750-3573
407.831.9658 (P) . 407.834.5366 (F) . 800.992.5357
WMN.reoservices.com sales@repservices.com
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Cut along the outer border and affix this label to your sealed bid/proposal
envelope to identify it as a "Sealed Bid/Proposal". Be sure to include the
name of the company submitting the bid/proposal where requested.
~
SEALED BID/PROPOSAL · DO NOT OPEN
SEALED BID/PROPOSAL NO: 11-0014-MR
TITLE OF BID/PROPOSAL: BLEACHER, PARK AND PLAYGROUND
EQUIPMENT
DUE DATE: July 20, 2010
TIME: 3:00 PM
SUBMITTED BY:
(Print Name of Company)
DELIVER TO: PURCHASING DEPARTMENT
SCHOOL DISTRICT OF MANATEE COUNTY
PROFESSIONAL SUPPORT CENTER
2501 63rd Avenue East
Bradenton, FL 34203
PLEASE NOTE PURCHASING/DELIVERY ADDRESS
2501 63RD Avenue East, Bradenton, FL 34203
This is a secured facility. Ensure enough time if dropping off bid.
PLEASE NOTE:
From time to time, addenda's may be issued for this bid/proposal. Any such addenda will
be posted on the same website from which you obtained this bid/proposal. You should
periodically check our web site to download any addenda which may have been issued.
Bids received without addendum acknowledgement shall be considered
nonresponsive.
Do not submit bid prior to addenda due date!
It is the Vendors responsibility to ensure the Purchasing Office receives documents
according to bid specifications. We are not responsible for delivery systems - internal
or external. Bids received in the Purchasing Office after the noted due date and time
will be returned un-opened.
To become a registered vendor, you must complete a Vendor Application and W-9 Form
which are available on our website at www.manateeschools.net/purchase.Click on
"Vendor Application" to print the application, and "W-9 Form" to orint the form. comnlete
both and follow directions listed on our website for submissi<
Page I of 37
A TT ACHMENT "Ii'
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\,.Ji
School District of Manatee County
PURCHASING DEPARTMENT
2501 63rd Avenue East
Bradenton, Florida 34203
Direct Line (941) 751-6550 FAX Line (941) 751-7377
Website: www.manateeschools.net/vurchase
TIM MCGONEGAL
SUPERINTENDENT
215 MANA TEE A VENUE WEST
BRADENTON, FL 34205
TELEPHONE (941) 708-8770
June 17,2010
SCHOOL BOARD
JANE R. PFEILSTICKER
* CHAIRMAN ·
ROBERTC. GAUSE
· VICE-CHAIRMAN ·
HARRY G. KINNAN
BARBARA A. HAR VEY
WALTER E. MILLER
* * .
TO ALL INTERESTED BIDDERS:
You are hereby invited by the School District of Manatee County to bid on furnishing and delivering the
following:
BLEACHER, PARK AND PLAYGROUND EQUIPMENT, MCSD No. 11-0014-MR
Sealed bids will be received at the School District of Manatee County Purchasing Office, 2501 63rd
Avenue, East, Bradenton, Florida, 34203, until 3:00 p.m., Tuesday, July 20, 2010.
Bids received in the Purchasing Office after the above specified time and date will not be considered
and will be returned to the bidder unopened. No submissions or amendments made after bid
opening shall be considered.
Bidders shall return the Form of Proposal (both printed original copy and copy on CD disk) in a sealed
envelope, PLAINL Y MARKED ON THE OUTSIDE, "BID ON BLEACHER, P ARK AND
PLAYGROUND EQUIPMENT, MCSD No. II-OOI4-MR."
If multiple bids are to be opened, they will be opened sequentially by bid number.
Products and/or services shall be in keeping with the specifications as prescribed in this bid. Designation
of a particular brand or make is not meant to restrict bidding but merely to indicate the type and quality
desired.
The Board reserves the right to reject any or all bids, request new bids, consider alternate bids which meet
the general specifications set forth and waive any informality. It also reserves the right to award bids on
such items and/or services it deems will best serve the School District of Manatee County's interest from
the standpoint of price, quality, and suitability for the intended purpose and any other determining factors.
In addition, the District reserves the right to create, and select suppliers from a "short list" in order to enter I
into negotiations with one or more suppliers, with the intent of awarding a contract. /
Awards will be made to the most responsive and responsible bidder(s) in the opinion of the Board.
//../
/,/
./
Very truly yours,
K~~
Renee Hayes
Purchasing Manager
,//
//
{~,
Page 2 of37
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INSTRUCTIONS TO BIDDERS
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, 11-0014-MR
GENERAL BIDDERS INFORMATION: Interested vendors are advised that the School
District of Manatee County will not consider bids which contain an escalation clause for the
initial contract period. It is understood that normal bid processing time will be 30 - 60 days after
opening date of bid and that prices reflected by this bid will be firm through bid processing time
and the delivery of items awarded.
BIDDER'S LIABILITY: Bidders are expected to examine the specifications and all special and
general conditions, requirements and instructions. Negligence on the part of the bidder to make
the necessary examinations and investigations, or failure to fulfill, in every detail, the
requirements of the contract documents, will not be accepted as a basis for varying the
requirements of the district. Failure to follow the instructions contained in the bid for completion
of a bid response is cause for rejection of a bid.
PURCHASE TERMS AND CONDITIONS: This bid and the corresponding purchase orders
will constitute the complete agreement. The School District of Manatee County will not accept
proposed terms and conditions that are different than those contained in this Invitation for Bid,
including pre-printed text contained on catalogs, price lists, other descriptive information
submitted or any other materials. By virtue of submitting a bid, vendor agrees to not submit to
any School District of Manatee County employee, for signature, any document that contains
terms and conditions that are different than those contained herein and that in the event any
document containing any term or condition that differs from those contained herein is executed,
said document shall not be binding on the School District of Manatee County.
CANCELLATION: In the event any of the provisions of this bid/proposal are violated by the
vendor, the School District of Manatee County shall give written notice to the vendor stating the
deficiencies and unless deficiencies are corrected within five (5) days, recommendation will be
made to the School Board for immediate cancellation. The School Board of Manatee County
reserves the right to terminate any contract resulting from this invitation at any time and for no
reason, upon giving thirty (30) days prior written notice to the other party.
....
Page 3 of37
Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
DIVISION OF CORPORATIONS REGISTRATION REQUIREMENTS: Vendors who are
required to be registered with the Division of Corporations or who are incorporated within the
State of Florida must furnish their Florida document number. All registered vendors must have
an active status in order to be eligible to do business with the School District of Manatee County.
Bids received from vendors with an inactive status will be considered nonresponsive. The
specific requirements for registration are found in Chapter 607 of the Florida Statutes. To
register, visit Sunbiz.org. The following guidelines may be helpful:
Sole Proprietorship - Individual: A person doing business under hislher own name, as an
individual, is not required to register with the Division of Corporations.
Fictitious Name: A person doing business under a name other than his/her own is required to
register with the Division of Corporations.
Out of State (Foreign) Corporations: A business incorporated in another state that does not have
an office in the State of Florida does not have to register with the Division of Corporations.
In State Corporations: A business that is incorporated in another state that has an office in the
State of Florida or has a subsidiary in the State of Florida is required to register with the Division
of Corporations.
CLARIFICATION OF BIDS: Bidders should email any questions regarding this bid to
purchasine@manateeschools.net no later than July 8, 2010. If you do not receive the reply
message which states "Your questions have been received by the Purchasing Department of
the School District of Manatee County", please contact the Purchasing Department at (941)
751-6550, Extension 2052. Questions received after the above mentioned date will not be
acknowledged. Changes to the bid which have a material effect shall be communicated to
bidders only by written addenda.
ADDENDA TO BIDS: From time to time, addenda's may be issued to this bid. Any such
addenda will be posted on the same website from which you obtained this bid
(www.manateeschools.net/purchase) Bids In Progress on July 13, 2010. Bidders should
periodically check our website to download any addenda which may have been issued. It
may be necessary to refresh your computer screen after accessing the website to ensure you
are able to view updated postings and addenda's. Addenda's must be acknowledged on the
Form of Proposal in the space provided by the appropriate Addendum Number. Bids
received without addendum acknowledgement shall be considered nonresponsive.
Page 4 of37
/
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
BID OPENING: Shall be public at 3:00 p.m., July 20,2010, in the School District of Manatee
County Purchasing Office, 2501 63rd Avenue, East, Bradenton, Florida, 34203. It is the
bidder's responsibility to assure that the bid is delivered at the proper time and place of bid
opening. No submissions or amendments made after bid or proposal opening shall be
considered.
It is the Vendors responsibility to ensure the Purchasing Office receives documents according to
proposal specifications. We are not responsible for delivery systems - internal or external. Bids
received in the Purchasing Office after the noted due date and time will be returned un-opened.
BIDS RECEIVED BY TELEPHONE. TELEGRAPH. EMAIL OR FACSIMILE MACHINES
SHALL BE CONSIDERED NONRESPONSIVE.
FORM: Bids must be typed or printed in ink on the Form of Proposal enclosed herewith and
returned in a sealed envelope. Bids which do not bear the original signature of an authorized
representative in Blue Ball Point Pen on the Form of Proposal or are completed in pencil
will be considered nonresponsive.
LINE ITEM BID CORRECTIONS: The use of correction fluid or erasures to correct line item
bid prices and/or quantities are not acceptable. Corrections must be by line outs of the incorrect
- figures, writing in of correct figures and initialing of the corrections by the originator. Correction
fluid or erasure corrected bids will be considered nonresponsive for the corrected items only.
BUDGETARY LIMITATIONS: The School District of Manatee County reserves the right to
reject any item or items and/or increase or decrease quantities as required due to budgetary
limitations.
PURCHASING CARDS: The School District of Manatee County may choose to use a
"P-Card" for ordering of goods and materials or payment of invoices under this bid. The
Bidder, by submitting a bid, agrees to accept this manner of payment and may not add
additional handling charges or service fees to purchases made with the District's
Purchasing Card(s). Refusal to accept this condition may cause the bid to be declared non-
responsive, or result in revocation of the contract, if already awarded. A secured
customized website for the School District of Manatee County will be setup with password
capabilities which reflect pricing awarded on this bid at the discretion of the School
District. No third party payment, i.e. Pay pal will be considered.
AWARDS: The School District of Manatee County reserves the right to make award(s) on an
individual, multiple, lump sum or low total basis.
Page 5 of37
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
PURCHASES BY OTHER PUBLIC AGENCIES: With the consent and agreement of the
successful bidder(s), 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.
NONCOMPLIANCE WITH CONTRACT: It is expected that the service contract will be for the
period of August 24, 2010 through August 23, 2013. Any deviation from the awarded contract
period or cancellation of any item(s) awarded may result in your company being barred from
doing business with the School District of Manatee County, in accordance with School District
Policies and Procedures. Other assessments as outlined elsewhere in this document may also
apply. Multi year contracts will automatically renew for one (1) year periods during the initial
contract period above, unless the District notifies the supplier of intent to rebid or negotiate new
terms ninety (90) days prior to the contract anniversary date.
NON-FUNDING CLAUSE: In the event sufficient budgeted funds are not available for a new
fiscal period, the Purchasing Department shall notify the vendor of such an occurrence and the
contract shall terminate on the last day of the current fiscal period without penalty or expense to
the District.
COMPLIANCE REOUIREMENTS: Vendors/Bidders acknowledge and understand that the
projects contemplated by this contract are being constructed on public property owned by the
School District of Manatee County, which property may at various times during construction be
occupied by students, teachers, parents and school administrators. Accordingly, in order to
secure the property, protect students and staff, and otherwise comply with applicable law, the
vendorlbidder agrees to all provisions and instructions contained in this bid document and agrees
that the failure of vendorlbidder to comply with any of these provisions and instructions may
result in the termination of this contract by the School District of Manatee County.
UNAUTHORIZED ALIENS: The School District of Manatee County considers the
employment of unauthorized aliens by the vendorlbidder, or any of its subcontractors, a violation
of the Immigration and Naturalization Act. Vendor/Bidder shall screen those working on the
project site to insure no unauthorized aliens are present at any time. If it is determined that an
unauthorized alien is working on the Project, the Vendor/Bidder shall immediately take all steps
necessary to remove such unauthorized alien from the property and the project.
Page 6 of37
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
POSSESSION OF FIREARMS: Possession of firearms will not be tolerated on the project or
any School District of Manatee County property. No person who has a firearm in their vehicle
may park their vehicle on School District property. Furthermore, no person may possess or bring
a firearm on School District property. If any employee or independent contractor of the
vendor/bidder, or any of its sub-contractors, is found to have brought a firearm on School
District property, said employee or independent contractor shall be immediately removed and
terminated from the project by the vendor/bidder. If a sub-contractor fails to terminate said
employee or independent contractor, the vendor/bidder shall terminate its agreement with the
sub-contractor. If the vendor/bidder fails to terminate said employee or independent contractor
or fails to terminate the agreement with the sub-contractor who fails to terminate said employee
or independent contractor, this agreement may be terminated by the School District of Manatee
County. "Firearm" means any weapon (including a starter gun or antique firearm) which will, is
designed to, or may readily be converted to expel a projectile by the action of an explosive, the
frame or receiver of any such weapon, any destructive devise, or any machine gun. Powder
actuated construction nailers and fasteners are excluded from this definition.
CRIMINAL ACTS: Employment on the project by the Vendor/Bidder, or any of its
subcontractors, of any employee, or independent contractor, with any prior convictions of any
crimes against children, crimes of violence or crimes of moral turpitude will not be tolerated. If
it is determined that any person with such criminal history is on the project site, the
Vendor/Bidder agrees to take all steps necessary to remove such person from the project and the
property. The School District of Manatee County shall have the right to terminate this agreement
if the Vendor/Bidder does not comply with this provision.
SEXUAL PREDATORS/JESSICA LUNSFORD ACT: Beginning September 1, 2005, vendors,
individuals or entities under contract with the School Board of Manatee County who are
permitted access on school grounds when students are present and must comply with section
1012.465, Florida Statutes, must meet Level 2 screening requirements as described in Section
1012.32 Florida Statutes. Subsection (3 of Section 1012.465) states, "If it is found that a person
who is employed or under contract in a capacity described in Subsection (1) does not meet the
Level 2 requirements, the person shall be immediately suspended from working in that capacity
and shall remain suspended until the final resolution of any appeals." Vendors, individuals or
entities under contract with the School Board of Manatee County required to go on school
grounds when students are present, must comply with the requirements of the law and
agree to indemnify and hold harmless the School Board of Manatee County for any claims
made against the School Board related to the failure to comply with Section 1012.465.
Page 70f37
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
VISITOR IDENTIFICATION SYSTEM: A Visitor Identification System has been implemented
by the School District of Manatee County. A driver's license or government issued photo id will
be required for scanning into the system and a visitor's pass will be issued to individuals visiting
district sites.
POSSESSION/USE/UNDER THE INFLUENCE OF MIND ALTERING SUBSTANCES:
Possession/use and/or being under the influence of any illegal mind altering substances, such as,
but not limited to alcohol and/or substances delineated in Chapter 893, Florida Statutes, by
Vendor/Bidder's employees or independent contractors or its sub-contractors employees or
independent contractors will not be tolerated on School District property. If any employee or
independent contractor is found to have brought and/or used or is under the influence of any
illegal mind altering substances as described above on School District property, said employee or
independent contractor shall be removed and terminated from the project by the Vendor/Bidder.
Ifa sub-contractor fails to terminate said employee or independent contractor, the Vendor/Bidder
shall terminate its agreement with the sub-contractor. If the Vendor/Bidder fails to terminate
said employee or independent contractor or fails to terminate the agreement with the sub-
contractor who fails to terminate said employee or independent contractor, this agreement may
be terminated by the School District of Manatee County.
CONTACT WITH STUDENTS: No employees or independent contractors, material men,
supplier or anyone involved in any manner with projects resulting from this bid shall have direct
or indirect contact with students at project sites. A violation of this provision shall result in
immediate termination of the offender and issuance of a trespass notice from the School District.
Vendor/Bidder shall be responsible for insuring compliance by all employees, independent
contractors and sub-contractors or other persons involved in any manner with projects resulting
from this bid.
STANDARDS OF CONDUCT: Vendors awarded a contract will be held to the same standards
of conduct as employees of the School District of Manatee County while conducting business
with the District. These standards, as defined in School Board Policies, will apply not only to
employees of the vendor, but also to the employees of its sub-contractors.
EVALUATION CRITERIA: Documented poor performance of contractors on previous
contracts with the School District of Manatee County or other governmental entity will be
considered during evaluation and may be sufficient cause not to award.
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. II-OOI4-MR
V ARlANCE TO BID DOCUMENTS: For the purpose of bid evaluation, bidders must clearly
stipulate any or all variances to the bid documents or specifications, no matter how slight. If
variations are not stated in the vendor's bid proposal, it shall be construed that the bid proposal
submitted fully complies in every respect with our bid documents.
NO BIDS: If a quotation is not made, it is imperative for future consideration on bids and quotes
that the "Statement of No Bid" form enclosed herewith be completed and returned. Otherwise, a
no response will be interpreted as indicating the vendor does not desire to do business with the
School District of Manatee County and the companv name will be removed from our Bid
Mailing List.
BIDDER'S ERRORS: Where unit price and total price cannot be reconciled, the quoted unit
price shall govern. Where numerical price and written price cannot be reconciled, the written
price shall govern. No submissions or amendments made after bid or proposal opening shall be
considered.
BID RENEWAL: By mutual consent of the School District of Manatee County and the
successful bidder(s), this contract may be renewed or renegotiated for two (2) additional one year
periods.
BID TABULATIONS: After approval by the School District of Manatee County, bid tabulations
will be available for review on the same Web Site from which you obtained this bid,
(www.manatee.kI2.f1.us/purchase) Awarded Bids.
NOTICE OF INTENT TO A WARD BIDS: Once bids are evaluated and a recommendation for
award is received by the Purchasing Department, a Notice oflntent to Award will be posted on
the Purchasing Web Site. The recommendation for award is not official until this notice is
posted. Bidders are invited to visit the Purchasing Web Site (www.manatee.kI2.f1.us/purchase)
Bids In Progress to obtain this information.
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
DISPUTE: Bid tabulations with recommendations will be posted on the Purchasing website
(www.manateeschools.netlpurchase) Bids In Progress. A bidder who wishes to file a protest
pertaining to a bid must file such notice in accordance with procedures prescribed by Florida
Statute 120.57(3), Florida Administrative Code 28-110 and School District Policy 7.15. The
notice must be filed with the Purchasing Manager.
Any person who is adversely affected by the District's decision or intended decision shall file
with the Purchasing Manager, a notice of protest in writing within seventy-two (72) hours after
the posting of the bid tabulation or Notice of Intent to Award and shall file a formal written
protest within ten (10) calendar after filing the notice of protest. With respect to a protest of the
specifications contained in an Invitation for Bid or Request for Proposal, the notice of protest
shall be filed in writing within seventy-two (72) hours after the receipt of notice of the project
plan and specification or intended project plan and specifications in an Invitation for Bid or
Request for Proposal, and the formal written protest shall be filed within 10 days after the date
the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written
protest shall constitute a waiver of proceedings under this chapter. The formal written protest
shall state with particularity the facts and law upon which the protest is based. Saturdays,
Sundays, and legal holidays shall be excluded in the computation of the seventy-two (72) hour
time periods provided in this paragraph.
Any person who files an action protesting a decision or intended decision pertaining to a bid
pursuant to Florida Statute 120.57(3)(b), shall post at the time of filing the formal written protest,
a bond payable to the School District of Manatee County in an amount equal to one percent (1 %)
of the total estimated contract value, but not less than $500 nor more than $5,000, which bond
shall be conditioned upon the payment of all costs which may be adjudged against the protester
in the administrative hearing in which the action is brought and in any subsequent appellate court
proceeding. In lieu of a bond, a cashier's check, treasurer's check, bank draft of any national or
state bank payable to the School District of Manatee County will be an acceptable form of
security. If, after completion of the administrative hearing process and appellate court
proceedings, the District prevails, it shall recover all costs and charges which shall be included in
the final order or judgment, including charges made by the Division of Administrative Hearings,
but excluding attorney's fees. Upon payment of such costs and charges by the protester, the
remainder, if any, of the protest security shall be returned. If the protester prevails, protester
shall recover from the district all costs and charges which are included in the final order of
judgment, excluding attorney's fees.
Failure to file a notice of intent to protest, or failure to file a formal written protest within the
time prescribed in Florida Statute 120.57(3), shall constitute a waiver of proceedings under
Chapter 120, Florida Statutes.
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. II-OOI4-MR
MINIMUM ORDER: Bids reqUIrIng mInImUm quantity and/or dollar purchases will be
considered only if determined to be in the best interest of the School District.
DEF AUL IS: If the Bidder defaults after the Board awards a bid, the Bidder shall pay to the
School District of Manatee County, as liquidated damages, an amount equal to five percent (5%)
of the unit prices times the quantity of each item in question, or $25.00, whichever amount is
larger. If the bid pricing was expressed as a lump sum amount, the amount due will be five
percent (5%) of the remaining value of the contract. A successful bidder who fails to pay said
liquidated damages within fifteen (15) days after notification that liquidated damages are due,
shall lose eligibility to transact business with the School District of Manatee County for a period
of not less than one (1) year, but no more than two (2) years after the date of the default.
Thereafter, the bidder may request to be reinstated to the active vendor list(s).
In addition, failure of any delivered item to conform to specifications as bid shall constitute a
default in the contract and shall be subject to return or replacement at the buyer's option. Failure
to deliver one (1) or more items on two (2) or more consecutive deliveries will be viewed as
delivery default and will be considered grounds for canceling all awarded items and sites.
Penalties may be assessed when failure to deliver places a financial burden on the School Board.
USE OF OTHER CONTRACTS: The School Board of Manatee County reserves the right to
utilize any other School District of Manatee County contract, any State of Florida contract, any
contract awarded by any other city or county governmental agencies, other school board, other
community college/state university system cooperative bid agreement, or to directly
negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012, as currently
enacted or as amended from time to time, in lieu of any offer received or award made as a result
of this bid if it in its best interest to do so.
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
INSURANCE: The successful bidder shall furnish the School District of Manatee County with
proof of:
(1) Statutory Limits of Worker's Compensation in compliance with Chapter 440,
Florida Statute, if required.
(2) Employer's Liability Insurance III an amount not less than $300,000.00 per
occurrence.
(3) Comprehensive General Liability Insurance in an amount equal to or greater than
$100,000.00 per person and $200,000.00 per occurrence for any occurrence
resulting in bodily injury or death to anyone or group of persons, including any
consequential damages that arise therefrom.
If policy is on a "CLAIMS MADE" basis, contractor's insurance carrier will
identify policy as such and indicate in writing the amount of claims paid by this
policy and reserves outstanding. Policy aggregates must equal at least two (2)
times the occurrence limit.
(4) Liability Insurance in an amount equal to or greater than $100,000.00 per person
and $200,000.00 per occurrence for bodily injuries and/or death to any person or
persons caused by passenger automobiles or commercial vehicles.
(5) Liability Insurance equal to or greater than $200,000.00 per occurrence for
property damage caused by passenger automobiles or commercial vehicles.
(6) Property Damage Insurance for damage other than that described in 4 above in an
amount equal to or greater than $200,000.00 per occurrence. Said property
coverage shall provide coverage for all consequential damage arising from the
negligent operation of the contractor, a subcontractor, or by anyone directly or
indirectly employed by either of them. Coverage shall be on a "BROAD FORM"
basis.
(7) Contractual Liability Insurance in an amount equal to or greater than $200,000.00
per occurrence. Policy must include endorsement for indemnification in the event
third party damages are sought against the School District.
(8) Personal Injury Coverage (not bodily injury) in an amount equal to or greater than
$100,000.00 per person and $200,000.00 per occurrence.
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. ll-00l4-MR
INSURANCE - continued
(9) Completed Operations Endorsement equal to or greater than $200,000.00 per
occurrence.
(10) Independent Contractors Endorsement in an amount equal to or greater than
$200,000.00 per occurrence.
(11) Additional Insured Endorsement: The School District of Manatee County shall be
named as an additional insured on all policies that are required by these
specifications.
(12) Cancellation Notice: All policies in effect shall contain cancellation
endorsements providing sixty (60) days written notice of such cancellation, non-
renewal and/or reduction in coverage limits prior to the effective date of such
cancellation, non-renewal and/or reduction.
(13) Contractor shall maintain at all times during the construction of the project a
"Builders Risk" policy equal to the amount of the project, and shall include, as a
minimum the following coverage's: Fire, Extended Coverage, Vandalism and
Malicious Mischief. (All Risk policies are preferred.)
(14) Indemnification shall be in accordance with section 725.06, Florida Statutes.
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
COPELAND "ANTI-KICKBACK" ACT (34 CFR 80.36m (4): All vendors, contractors and
sub-contractors must comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor Regulations (29 CFR Part 3).
DA VIS-BACON ACT (34 CFR 80.36(i) (5): All vendors, contractors and sub-contractors must
comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of
Labor Regulations (29 CFR Part 5) if contracts are in excess of $2000 awarded by grantees and
sub-grantees when required by Federal grant program legislation.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (34 CFR 80.36m (6): All
vendors, contractors and sub-contractors must comply with sections 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of
Labor Regulations (29 CFR Part 5).
INDEMNITY: Indemnifications as specified in section 725.06, Florida Statute, the bidder
agrees to indemnify and hold the School Board of Manatee County harmless from all third party
claims and all costs, including attorney's fees incurred by the School Board in defending same to
the extend such claims are based on a defect in a product or part thereof, supplied hereunder, or
failure of such product or part thereof to conform.
COMPLIANCE WITH REGULATIONS: Federal, state, county, and local laws, ordinances,
rules, and regulations that in any manner affect the items covered herein apply. Lack of
knowledge by the bidder will in no way be a cause for relief from responsibility. The bidder
shall have in their possession all applicable insurance, permits, licenses, etc., which may be
required by federal, state, or county law to furnish services under the scope of this contract. The
successful bidder(s) must not be in violation of any zoning or other ordinances in the
performance of this contract.
VENUE: The laws of the State of Florida shall govern this contract. Venue shall be in Manatee
County, Florida and the sole and exclusive jurisdiction to resolve any disputes arising under the
contract shall be in the county or circuit court for Manatee County, Florida.
Page 14 of37
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. II-OOI4-MR
CONFLICTS OF INTEREST AND KICKBACKS: Any bidder giving or offering to any
employee and/or official of the School District of Manatee County, either directly or indirectly,
any rebate, percentage of contract, money or other things of value as an inducement or intended
inducement, in the procurement of this or any other bid, shall be deemed in violation of this
agreement, in addition to being in violation of any other municipal, county, state and federal laws
and/or ordinances.
IDENTIFICA TION: The contractor and sub-contractors shall be required to see that their
personnel maintain visible personal identification on each employee. Vendor's employees must
be appropriately attired (including shirt). Employees shall be required to dress neatly without
vulgar or otherwise offensive apparel, commensurate with the location and types of tasks being
performed.
SAFETY STANDARDS: All equipment must meet the applicable requirements of the
Occupational Safety and Health Act (OSHA) and any standards thereunder.
MA TERlAL SAFETY DATA SHEETS: Any items bid which contain substances found on the
current State of Florida Toxic Substances List must include with shipment the appropriate
Material Safety Data Sheets (MSDS).
UNITS OF MEASURE AND LOT SIZES: The item units of measure shall be as indicated on
the Form of Proposal. If manufacturer's standard packaging is different than the quantity listed,
it shall be the vendor's responsibility to convert the bid price to the requested unit of measure.
Bids received for items which have not been converted to the requested units of measure shall be
considered nonresponsive for that item. Additionally, bidders must indicate the units of measure
they are able to supply.
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. II-0014-MR
CANCELLATION OR CHANGES IN SPECIFICATIONS: The Board reserves the right to
cancel an awarded bid without penalty or negotiate changes to specifications as required by
changes to local, State or U. S. Government regulations concerning the contents of products
desired.
INSPECTION: All items shall be subject to inspection after receipt at destination. Any
deviation from the specifications, shortage of weights and/or any commodities that are found to
be inferior or otherwise not in conformity with the specifications, the School District of Manatee
County shall have the right to reject. Further, the rendering of inferior products or poor service,
shall constitute a Breach of Contract and upon receipt of written notification of unsatisfactory
performance, the contract shall be terminated immediately.
FACILITY INSPECTION: The School District of Manatee County reserves the right to inspect
or have their representatives inspect the supplier's facilities at any time.
NOTIFICATION OF AWARD: After award by the School Board of Manatee County, bidders
are invited to visit the Purchasing web site (www.manateeschools.net/purchase)AwardedBids.to
obtain award information.
DELIVERY DATES: Delivery time shall be in accordance with time frames stipulated on the
Form of Proposal by each vendor. Any delivery including back ordered items, not made within
the specified period of time may be assessed a one percent (1 %) per day late charge unless prior
written approval is obtained from the Purchasing Department. Assessment of such charge will
be applied to all sums owing said vendor. Assessment of said charge will be at the sole
discretion of the School District of Manatee County and administered by the Purchasing
Manager. Other assessments as outlined elsewhere in this document may also apply.
Page 16 of37
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
OVER SHIPMENTS/INCORRECT SHIPMENTS: Vendors will be notified of over shipments
and/or incorrect shipments. If return authorization is not received within thirty (30) days, such
items shall be considered as donations to the School District.
PALLETIZED SHIPMENTS: All shipments, except foam products, shall be palletized. The
School District of Manatee County reserves the right of refusal at the delivery location for
unpalletized shipments. No additional shipping charges shall be incurred due to refusal of
shipment.
DELIVERY NOTICE: Vendors shall notify the School District of Manatee County forty-eight
(48) hours prior to delivery to ensure availability of receiving personnel. The School District
reserves the right of refusal at delivery location if prior notice has not been received.
PURCHASE ORDER NUMBER: The School District of Manatee County's purchase order
number must appear on all packages, labels, cartons, packing slips, bills of lading, invoices and
all correspondence referring to all orders. Orders received without the purchase order number
prominently displayed shall be subject to refusal and return at the vendor's expense.
TAX EXEMPTIONS: When purchasing directly from a supplier the School District of Manatee
County, Florida is exempt from Federal Excise, State Sales and Use Taxes. Tax exemption
certificates and numbers will be furnished on request.
FREIGHT CHARGES: Successful bidder(s) shall ship all materials F.O.B. DESTINATION.
Shipments sent freight collect will be subject to refusal at receiving point.
FREIGHT CLAIMS: It shall be the responsibility of the shipper to replace damaged and/or lost
shipments. Freight inspection reports will be furnished to the shipper promptly upon receipt
from the carrier; however, it will be the shipper's responsibility to file a claim against the carrier.
PAYMENT TERMS: The standard payment terms for the School District of Manatee County
are Net 30. Invoices must include the purchase order number prominently displayed in order to
receive payment. Payments will be made only to the vendor listed on the purchase order.
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Instructions to Bidders - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
PUBLIC ENTITY CRIMES CERTIFICATE: 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 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 Statute, for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list.
DRUG FREE WORK PLACE CERTIFICATION: In accordance with section 287.087, Florida
Statute, whenever two or more bids, proposals or replies that are equal with respect to price,
quality, and service are received by the School District of Manatee County for the procurement
of commodities or contractual services, a reply received from a business which certifies that it
has implemented a Drug Free Workplace Program by signing the enclosed Drug Free Workplace
Certification Form, shall be given preference in the award process.
FEDERAL DEBARMENT CERTIFICATION FORM: As required by Executive Order 12549,
Debarment and Suspension, 7CFR Part 3017 Section 3017.510 and/or 34 CFR Part 85, Section
85.510, Participants Responsibilities, a sworn statement is enclosed for proper completion and
return with the bid for prospective participants in lower tier covered transactions for any single
contract or single purchase order in excess of$100,000.00.
SCHOOL DISTRICT POLICY: In accordance School Board of Manatee County Policy and
Procedures, no contract for providing supplies, equipment or services shall be effected with any
individual or business entity in which any member of the School Board of Manatee County or
the Superintendent has any fmancial interest. No contract for goods or services may be made
with any business entity in which the Superintendent, Board Member or their spouse or child has
an employment relationship or a material interest. No School Board employee may directly or
indirectly purchase or recommend for purchase of goods or services from any business
organization in which his/her spouse or child has a material interest as defined in Florida Statutes
112.
EX PARTE COMMUNICATION: To assure proper and fair evaluation of submissions, after
submissions are received the District prohibits ex parte communication initiated by the submitter
to Board members and discourages ex parte communication initiated by the submitter to any
District official or employee evaluating or considering the submissions prior to the time a
decision has been made. Communication between a submitter and the District will be initiated
by the appropriate District official, employee or designated consultant in order to obtain
information or clarification needed to develop a proper and accurate evaluation of the
submission. Ex parte communication may be grounds for disqualifying the offending submitter
from consideration or award of the contract then in evaluation or any future contract.
Page 18 of37
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SPECIFICATIONS/SCOPE OF WORK
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, MCSD No. 11-0014-MR
SCOPE: The purpose and intent of this Invitation to Bid is to establish a firm, fixed discount
from manufacturer's and/or bidder's current catalog price list for the purchase of various
bleacher, park and playground equipment. Additionally, this Invitation to Bid shall also establish
a firm, fixed percentage of manufacturer's and/or bidder's current catalog price list, after
applying the above requested discount for purchase, for the installation of bleacher, park and
playground equipment as requested. It is understood that current price list are subject to change;
however, percentage shall remain fixed. No extra charges or compensation will be allowed for
installation.
DELIVERY: Prices bid shall be FOB destination to the School District of Manatee County
locations, as directed at time of order placement. If a separate charge for shipping is added, price
must be firm and based on a price per carton weight total.
Successful bidder's/contractors are responsible for supplying all labor, materials, and equipment
required for the off-loading and placement of items as directed, at ALL delivery locations,
without assistance of School District personnel with the exception of deliveries to our School
District Warehouse. A minimum of forty-eight (48) hours advance notification of delivery is
required of all freight carriers.
All freight charges to provide above requirements are to be prepaid by successful bidder's
/contractors and added to invoice. Complete documentation of all charges must accompany each
invoice for payment.
It is further agreed by all vendors signing this bid that title to all items ordered, remain with the
vendor until received and accepted by the School District of Manatee County. Vendor is
required to file all claims for damages/shortages etc.
CERTIFICATION-INSTALLERS: All bidder's must supply WRITTEN FACTORY
!MANUFACTURERS CERTIFICATION that they are certified/authorized to install
playground equipment as required by the manufacturer. Failure to supply this
documentation may result in bid rejection. Installers shall have a Certified National
Playground Safety Inspector (NPSI) present during installations and repairs.
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Bid on Bleachers, Park and Playground Equipment, No. II-OOI4-MR
FIXED PERCENT AGE DISCOUNT: Equipment: Bidder shall indicate, in the spaces provided
on the Form of Proposal, their firm fixed percentage discount to be deducted from the catalog list
pnces.
Installation: Bidder shall indicate in the spaces provided on the Form of Proposal their firm
fixed percentage of COST (after discount) for installation on bleachers, park and playground
Equipment to be installed. The school Board may elect in certain circumstances to purchase only
materials and have those materials installed by District staff. These items will be shipped to a
designated allocation and unload by District staff.
CATALOG: Each Bidder shall submit with this bid at no charge two (2) current catalog(s). All
catalogs shall clearly identify the bid number, bid name, and the Bidder's name, address and
telephone number. Additionally, each Bidder awarded an optional year renewal will submit at no
charge two (2) current catalog(s) as requested. Upon Board approval of bids, all successful
Bidder's will be provided a current listing of schools to send one (1) current catalog(s).
Catalog(s) shall clearly identify the bid number, bid name, and the Bidder's name, address and
telephone number, for distribution at vendors' expense. Additional supply of catalogs must be
provided to the Purchasing Department as directed at no charge..
SCOPE OF WORK: The successful bidder(s) shall furnish, at their expense, all supervision,
equipment, machine, tools, materials, labor, transportation, and other facilities and services
necessary to perform the work specified herein.
The School District of Manatee County will provide water and electricity from point of closest
hook-up only (no hoses or electrical cables will be provided) at sites specified.
The installation-contractor shall be responsible for the protection of all buildings, structures, and
utilities that are underground, above ground, or on the surface from their operations that may be
hazardous and/or damaging to said facilities.
The installation-contractor shall be responsible for the protection of all personnel against hazards
and/or injuries due to their construction operation at the work site.
Installation-contractor shall be responsible for correction/replacement, according to local codes
and School District's satisfaction, of all water lines, sanitary lines, electrical lines, curbs,
sidewalks, streets, parking lots, grassed areas, etc., broken or damaged as the result of
contractor's operation. Installing contractor shall be required to call for a locator prior to any
work performed.
Installation-contractor shall be responsible for the safeguarding of all tools and equipment at all
times.
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Specifications/Scope of Work - continued
Bid on Bleachers, Park and Playground Equipment, No. II-OOI4-MR
SCOPE OF WORK- cont'd
Supplierlinstallation contractors shall not inhibit access to school centers during pursuit of work
specified herein.
Installation-contractor shall leave work site in a neat and orderly fashion at the end of each work
day.
The installation-contractor shall be responsible to ensure frequent pick-up of all rubbish, refuse,
scrap materials, and debris as a result of their operations so that work site presents a neat and
orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises.
NO rubbish shall be deposited as fill on the work site. At completion of work, the contractor
shall remove all work materials, tools, construction equipment, machinery, and surplus materials
from the work site and shall leave project in ready to use condition.
Supplierlinstallation contractors or a representative, daily while on campus, shall sign in at the
school center's main office prior to commencing any work and shall sign out at school's office
prior to leaving campus. In addition, they must apprise themselves and abide by the rules and
regulations of that particular school site.
Installation-contractor shall be responsible for unpacking, uncrating and installation at job site in
accordance with specifications herein.
Installation-contractor shall ensure all work is installed straight, level, plum and in workmanlike
manner.
Installation-contractor shall verify and be responsible for the accuracy of all field measurements.
Installation-contractor shall be responsible for restoration of the site to its original condition to
include re-sodding of the area affected by their work with sod which is of the same variety and
quality as the surrounding sod. Where no sod exists prior to installation, the contractor shall
restore grade to a level consistent with the surrounding grade.
Supplier/installation contractors shall be responsible for the appearance of all working personnel
assigned to the project (clean and appropriately dressed at all times).
An English-speaking supervisor/representative must be on the work site at all times, who shall be
thoroughly knowledgeable of all plans, specifications and other contract documents and has the
authority to act in the installation-contractor's behalf.
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Specifications/Scope of Work - continued
Bid on Bleachers, Park and Playground Equipment, No. II-OOI4-MR
SCOPE OF WORK- cont'd
Equipment/Installation shall be in compliance with the following Manatee County School
District Playground Equipment Committee's guidelines:
1) General: Public use playground equipment shall meet all the requirements of the current
ASTM Fl487 American Standards for Testing and Measurement and the CPSC
Consumer Product Safety Commission and ADA Accessibility guidelines:
2) Specific: Individual pieces of equipment shall meet specific design requirements, in addition
to the general design, as indicated in bid specifications.
3) Requirements not addressed in above guidelines shall be in compliance with prevailing safety
standards as set forth in "A Handbook for Public Playground Safety" developed by the U.S.
Consumer Product Safety Commission and such safety standards indicated by the Florida
Recreation and Parks Association. All equipment/installation shall meet current ASTM
Playground Safety Standards for Playground Equipment for Public Use. All state, federal and
local safety rules and regulations also must be met.
Upon completion of installation, the Certified National Playground Safety Inspector and the
School District of Manatee County Representative shall perform a final inspection prior to use.
SUBCONTRACTORS: If subcontractor will be utilized, identify company name as directed on
proposal pages 28 through 33. Additional subcontractor may be added per Bidder's written
request at the discretion of the Purchasing Department.
BLEACHERS: Bleacher design and installation shall meet the Current Florida Standard
Building Code and NFP A 102. Bleachers shall be furnished and installed by authorized
manufacturer's representatives. Upon completion of Bleacher installations, bleachers shall be
inspected by a Licensed Structural Engineer, at the contractors expense, prior to utilization.
HOURS OF OPERATION: The installation-contractor is advised that the installation of these
units shall be coordinated with the Project Manager and Principal at each school site. It shall be
the installation-contractor's responsibility to perform measures to include erection of barricades
and signs to isolate their work site and minimize the possibility of injury to staff, students and the
general public.
WARRANTY: Supplier/installer shall guarantee entire installed system to be free of defects in
workmanship and materials for a period of at least three years from date installation is accepted.
Supplier and/or installer shall repair and/or replace, at no cost to the School District, any defects
or malfunctions noted during the warranty period and shall in addition transfer any
manufacturer's guarantee for supplier/installer furnished equipment extending beyond this
contract period to the owner.
Page 22 of37
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Specifications/Scope of Work - continued
Bid on Bleachers, Park and Playground Equipment, No. 11-0014-MR
PRODUCT LIABILITY: Products insured for not less than $1,000,000 per occurrence
combined single limit for bodily injury and property damage. The vendor must agree by signing
this contract that products liability coverage will be purchased for all equipment installed for a
minimum of seven (7) years. The manufacturer must immediately notify the School District of
Manatee County, in writing, of any product defects or safety code violations that they become
aware of after equipment is installed on School District property as a result of this contract. This
notification must be sent by certified mail to: School District of Manatee County, Attn: Forrest
Branscomb, Risk Manager, 215 Manatee Avenue West, Bradenton, Florida, 34205.
PRICE ADJUSTMENT: The discounts, terms and conditions of this bid are to remain firm
throughout the contract period August 24,2010 through August 23,2013. If, during the contract
period, the vendor issues an upgraded catalog, replacements to the catalog submitted with the
bid, such replacements are to be forwarded to the Manatee County School District Purchasing
Department, 2501 63rd Avenue East, Bradenton, FL 34203. Attn: Melody Ryan, Buyer. The
replacements are to be received no less than twenty-one (21) days prior to the effective date of
same, along with a written request for acceptance and stating the effective date of such changes.
Supplier-contractor must deliver copies of the replacement catalogs with new manufacturer
prices to all Manatee County District Schools as indicated on list received.
The above replacement catalogs shall not be upgraded more than one time in any contract period.
No changes in pricing will be honored for the length of this contract.
ORDERS: The District is not obligated to place any order with any supplier/contractor
participating in this bid. However, all schools will be urged to refer to catalogs and discounts of
awarded vendors in order to obtain items in the most economical manner.
Recommended vendors supplying schools with quotations/purchase information shall also
provide the following with each submittal:
1) Independent Lab Certification of compliance with ASTM structural integrity tests.
2) Certification by manufacturer that design complies with current ASTM F1487 for
Public Use safety specifications.
3) Certification by manufacturer of compliance with current CPSC guidelines.
4) Written information that the piece of equipment being quoted complies with current
ASTM ADA specifications.
Page 23 of37
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Specifications/Scope of Work - continued
Bid on Bleachers, Park and Playground Equipment, No. 11-0014-MR
ORDERS - continued
5) Written information regarding the age appropriateness of each pIece of
equipment.
6) Copy of Certificate of Insurance listing the School Board of Manatee County as
additional insured.
7) Any other documentation deemed pertinent by the School District of Manatee
County Playground Safety Committee.
Supplier/contractor shall provide the following information after installation of playground
equipment:
1) Copies of all blueprints, specifications, manufacturer's instructions, extensive
parts list, warnings, and any other documentation deemed appropriate by the
School Board Grounds Maintenance Department.
2) Certification of proper installation following final inspection from
Manufacturer/Supplier, including the certification of the location as required by
current ASTM F1487 and CPSC guidelines.
3) Sign-off letter from supplier-contractor stating the date of final inspection,
problems found (if any), and repairs made.
LIAISON: Successful installation-contractor shall liaison with designated School District
Project Manager or Principal (as applicable) to schedule installation and to arrange for an
inspection of finished project.
ESTIMA TED DOLLAR VALUE: No guarantee as to the dollar amount of this bid is implied or
gIven.
REPAIRS: Hourly rates will be provided on the Form of Proposal for repairs of bleacher,
park and playground equipment. Repairs shall be made by an active Certified National
Playground Safety Inspector which has been approved and certified by the manufacturer to make
repairs on specific brands of equipment. Component parts shall be bid on an as needed basis.
Page 24 of37
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STATEMENT OF "NO BID"
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, 11-0014-MR
School District of Manatee County
Purchasing Department
2501 63rd Avenue, East
Bradenton, FL 34203
We are not submitting a BID ON BLEACHER, PARK AND PLAYGROUND
EQUIPMENT, MCSD No. 1l-0014-MR for the following reasons:
_ Insufficient time to respond.
_ We do not offer this product or service.
_ Our schedule would not permit us to perform.
_ Unable to meet specifications.
_ Unable to meet insurance requirements.
_ Other (Specify Below)
Please check one:
_ Please keep our name on your Bidder's List for this classification of materials/services.
Please remove our name from your Bidder's List for this classification of
materials/ servi ces.
NAME OF BIDDER
ADDRESS
SIGNATURE
TITLE
Page 25 of37
<.J
FORM OF PROPOSAL
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, MCSD No. 11-0014-MR
School District of Manatee County
Purchasing Department
2501 63rd Avenue, East
Bradenton, FL 34203
The Bidder acknowledges that he has read, understands and agrees to the terms and conditions
stated in the Instructions to Bidders contained in this bid.
PURCHASES BY OTHER PUBLIC AGENCIES - With the consent and agreement of the
successful bidder(s), 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.
The Bidder further declares that he has examined the requirements and specifications for the
materials to be furnished, and has read all special provisions listed therein prior to the opening of
bids.
The Bidder proposes and agrees, if this proposal is accepted, to contract with the School District
of Manatee County, in the form of contract specified, to deliver the materials/services listed, at
the prices set forth, F.O.B. Destination.
Page 26 of37
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Form of Proposal - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-OOI4-MR
NOTE: SUBMISSION OF FALSE DELIVERY DATES MAY RESULT IN VENDOR DEBARMENT.
DELIVERY TO BE COMPLETED WITHIN
DA YS AFTER RECEIPT OF ORDER.
ABILITY TO SETUP SECURED CUSTOMIZED WEBSITE FOR SCHOOL DISTRICT OF MANATEE
COUNTY P-CARD TRANSACTIONS: Yes No
ITEM
NUMBER
------------------------------------------------------------------------------------------------------------------------------------------
CATALOG DISCOUNT BID
1) PLAYGROUND EQUIPMENT:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name
Number
Date
Discount
If additional space is needed, attach additional pages on company letterhead in above format.
a. INST ALLA TION OF PLAYGROUND EQUIPMENT:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is %. Attach to your bid response your
Written Factory/Manufacture Certification for the installation of playground equipment.
Certification attached Yes_ or No_.
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer's
Company Name: and attach Written Factory/Manufacture
Certification. Certification attached Yes or No
-
Page 27 of37
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Form of Proposal- continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. II-OOI4-MR
ITEM
NUMBER
------------------------------------------------------------------------------------------------------------------------------------------
CATALOG DISCOUNT BID
2) SITE EQUIPMENT:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name
Number
Date
Discount
If additional space is needed, attach additional pages on company letterhead in above format.
a. INSTALLATION OF SITE EQUIPMENT:
To be based on a firm fixed percentage ofthe equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is %. Attach to your bid response your
Written Factory/Manufacture Certification for the installation of playground equipment.
Certification attached Yes or No
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer's
Company Name: and attach Written Factory/Manufacture
Certification. Certification attached Yes or No
Page 28 of37
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Form of Proposal- continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
ITEM
NUMBER
------------------------------------------------------------------------------------------------------------------------------------------
CA T ALOG DISCOUNT BID
3) SURFACING MATERIALS:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name
Number
Date
Discount
If additional space is needed, attach additional pages on company letterhead in above format.
a. INSTALLATION OF SURFACING MATERIALS:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is %. Attach to your bid response your
Written FactorylManufacture Certification for the installation of playground equipment.
Certification attached Yes or No .
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer's
Company Name: and attach Written FactorylManufacture
Certification. Certification attached Yes or No
Page 29 of37
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Form of Proposal- continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
ITEM
NUMBER
------------------------------------------------------------------------------------------------------------------------------------------
CATALOG DISCOUNT BID
4) SHADE STRUCTURE:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name
Number
Date
Discount
If additional space is needed, attach additional pages on company letterhead in above format.
a. INSTALLATION OF SHADE STRUCTURE:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is %. Attach to your bid response your
Written Factory/Manufacture Certification for the installation of playground equipment.
Certification attached Yes or No
-
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer's
Company Name: and attach Written Factory/Manufacture
Certification. Certification attached Yes or No .
Page 30 of37
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Form of Proposal- continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. II-OOI4-MR
ITEM
NUMBER
------------------------------------------------------------------------------------------------------------------------------------------
CATALOG DISCOUNT BID
6) STADIUM BLEACHER:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name
Number
Date
Discount
If additional space is needed, attach additional pages on company letterhead in above format.
a. INSTALLATION OF STADIUM BLEACHER:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is %. Attach to your bid response your
Written Factory/Manufacture Certification for the installation of playground equipment.
Certification attached Yes or No
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer's
Company Name: and attach Written Factory/Manufacture
Certification. Certification attached Yes or No
ITEM
NUMBER
----------------------------------------------------------------------------------------------------------------------------------------
DESCRIPTION
HOURLY RATE
REPAIRS
7.
Repairs - Hourly Basis
$
Per Hour
Page 31 of37
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Form of Proposal- continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
REFERENCES
COMPANY NAME:
ADDRESS:
TELEPHONE:
FAX NUMBER:
CONTACT PERSON:
COMPANY NAME:
ADDRESS:
TELEPHONE:
FAX NUMBER:
CONTACT PERSON:
COMPANY NAME:
ADDRESS:
TELEPHONE:
FAX NUMBER:
CONTACT PERSON:
Page 32 of37
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Form of Proposal- continued
Bid on Bleacher, Park and Playground Equipment, II-0014-MR
WARRANTY AND SERVICE PROVISION: Bidder must state in spaces provided below
complete descriptions of any warranties given by manufacturer and dealer. The Statement shall
include availability of service, repair parts, and time normally required to effect repair on
equipment contained in the bid. Further, the statement shall also indicate who is to be
responsible for any transportation charges that may be accrued in effecting equipment repair
within the provisions of applicable warranties.
MANUFACTURER'S WARRANTY:
DEALER'S WARRANTY:
LOCATION OF REPAIR SERVICES:
A V AILABIUTY OF REPAIR PARTS:
ESTIMA TED TIME TO EFFECT REPAIR:
RESPONSIBLE FOR WARRANTY SERVICE TRANSPORTATION CHARGE:
Page 33 of37
DRUG FREE WORK PLACE CER TIFICA TION
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, II-OOI4-MR
I hereby swear or affirm that this company has established a drug-free work place program by
completing the following requirements:
1) Published a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the work place and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Informed employees about the dangers of drug abuse in the work place, the business's policy
of maintaining a drug-free work place, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3) Given 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), notified the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the
United States or any state, for a violation occurring in the work place no later than five (5) days
after such conviction.
5) Imposed a sanction on, or required 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 work place through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
VENDOR'S SIGNATURE/DATE
COMPANY NAME
Page 34 of37
FEDERAL DEBARMENT CERTIFICATION
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, 11-0014-MR
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED
TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were
published as Part IV of the January 30,1989, Federal Register (pages 4722-4733)
*** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE ***
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attached an explanation to this proposal.
Organization Name
PRlAward Number or Project Name
Name(s) and Title(s) of Authorized Representative(s)
Signature(s)
Date
Form AD-1048 (1/92)
Page 35 of37
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Federal Debarment Certification - continued
Bid on Bleacher, Park and Playground Equipment, II-OOI4-MR
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this fonn, the prospective lower tier participant is providing the certification set
out on the reverse side in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later detennined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debannent.
3. The prospective lower tier participant shaIl provide immediate written notice to the person to whom this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The tenns "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this fonn that, should the proposed covered
transaction be entered into, it shaIl not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this fonn that it will include this clause
titled "Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion _ Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it detennines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and infonnation of a
participant is not required to exceed that which is nonnally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a Covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debannent.
Fonn AD-1048 (1/92)
Page 36 of37
......
Form of Proposal- continued
Bid on Bleacher, Park and Playground Equipment, 11-0014-MR
The Bidder affirms that this bid is submitted without any previous understandings, agreements,
or connections with any person, firm, or corporation submitting a bid for the same
materials/services, and is in all respects fair and without collusion or fraud.
The Bidder agrees to comply with the provisions of the Civil Rights Act of 1991, The Civil
Rights Act of 1964, and The Americans with Disabilities Act, Age Discrimination in
Employment Act, Section 228.2001, Florida Statutes, and The Pregnancy Discrimination Act.
Said Bidder further agrees not to discriminate on the basis of race, sex, national origin, religion,
handicap, age or marital status.
By signing this agreement, the Bidder acknowledges that he/she is an authorized representative
of the company submitting this bid and has read and understands the document posted on our
website, "How to Do Business with the School District of Manatee County."
* Addendum Acknowledement: When applicable, vendor MUST acknowledge receipt of
addendums. Please mark in the space provided by the appropriate Addendum Number (s).
View website for addendum prior to submitting bid. (www.manateeschools.net/purchase)
*BIDS RECEIVED WITHOUT ADDENDUM ACKNOWLEDGMENT SHALL BE
CONSIDERED NONRESPONSIVE.*
Addendum No.1
Addendum No.2
Addendum No.3
Addendum No.4
Florida Document Number:
Registration Type: _ Sole Proprietorship - Individual_ Fictitious Name
_ Out of State (Foreign) Corporation _ In State Corporation _ Exempt
BUSINESS/COMPANY NAME:
MAILING ADDRESS:
CITY, STATE, ZIP CODE:
TELEPHONE NUMBER:
DATE
FAX NUMBER:
* SIGNA TURE: (Blue Ball Point Pen Only)
NAME AND TITLE: (Typed)
EMAIL ADDRESS:
Page 37 of37
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BOARD OF COUNTY COMMISSIONERS
CLAY COUNTY, FLORIDA
REQUEST FOR BID
VARIOUS EQUIPMENT AND AMENITIES FOR PARKS
AND PLAYGROUNDS" CLAY COUNTY" FLORIDA
PARKS" RECREATION & SPECIAL EVENTS DIVISION
RFP No. 08/09-3
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 County Commissioners
Purchasing Division
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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
Bid Specification............ ..... ........... .................. .............. ......... ..................................... 11-15
Bid Forms....................................................................................... .16-19
Procedures for Bid Openings ...................................................................................... 20-34
Attachments:
No Bid Statement
Form W-9
2
"-/
BOARD OF COUNTY COMMISSIONERS
Purchasing Division
P.O. Box 1366, 477 Houston St
Green Cove Springs, FL 32043
904-278-3761. Fax: 904-278-3728
Fritz A. Behring
County Manager
www.claycountygov.com
CLAY COUNTY
Dear prospective bidder:
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 Plave:rounds.
Clay County. Florida
Interested Vendors may contact me for clarification, by phone at (904) 278-3761 or e-
mail at donna.fish~co.clay.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
"
REOUEST FOR PROPOSALS
NOTICE IS HEREBY GWEN that sealed proposals will be received until 4:00 P.M.,
Monday, December I, 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 Plaverounds.
Clay County. Florida.
Bids will be opened at I :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 ofthe
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 Plaverounds. Clay County. Florida". to be received until 4:00 P.M..
Mondav. 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 County 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(2V.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.
4
.?
FOLLOWING THE BID OPENING AND TABULATION, A "NOTICE OF INTENT TO
A WARD BID" OR A "NOTICE OF REJECTION OF ALL BIDS" WILL BE POSTED
ON THE INTERNET AT:
www.claycountvgov.com/DeoartmentslPurchasing/decisionbids.htm. TillS WEB PAGE
CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY'S WEBSITE AT:
www.clavcountvgov.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 THE 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 TillS SOLICITATION, OR THE
FAILURE TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING
WITIllN 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 TillS 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 of36 months from the date of being placed on the convicted vendor list.
Fritz A. Behring
County Manager
--------------------------------------------E~ ()f< ~()TICE-------------------------________________
5
(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. Box 1366
Green Cove Springs, Florida 32043
ATTENTION: Donna Fish
6
,
~
" ." '\
;,
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
POBox 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$I,OOO,OOO.OO, bids and performance data, and form W-9
taxpayer identification number and certification shall be included with all responses
submitted.
2. The words "RFP #08/09-3. Various Equipment and Amenities for Parks and
PlaYl!rounds. Clay County. FL" shall be clearly marked on the front and
back of the envelope containinl! the proposals.
3. Bids will be received by mail or in person until 4:00 p.m., Monday, DecemberL
2008 and will be opened after I :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 ifthey 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
"I
)
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 todonna.fish~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 bv 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.
6. 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.
8
"
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
2. Products and Completed Operations Aggregate
3. Personal and Advertising Injury
4. Each Occurrence
5. Fire Damage (anyone fire)
6. Medical Expense (anyone person)
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
b. Automobile Liability
1. Any automobile-Combined bodily injury/
property damage,
With minimum limits for all additional
coverages as required by Florida law
$1,000,000
c. Workers Compensation/Employers Liability
1. Workers Compensation
statutory limits
2. Employers Liability
a. Each Accident
b. Disease-Policy
c. Disease-Each Employee
$ 100,000
$ 500,000
$ 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
9
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.
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.
QUALlFICA liON 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 bidder's 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 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
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'-'
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
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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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\
VIOLATIONS/DEFAULT:
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.
INSURANCEIWORKER'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.
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Bid Form
Price Agreement Contract For
Park and Playground Equipment
Bid No. 08/09-3
Bidder:
Address:
City, State and Zip:
Phone:
Email:
Contact Name(s):
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 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 there a warranty on the equipment proposed?
Yes
No
Does the warranty apply to ALL components or only part? (State Explicitly)
Parts Warranty Period:
Service Warranty Period:
Nearest source for parts and/or service center (s):
Name, address and phone number of the authorized service center (s):
1)
2)
3)
Name, address and phone number of the authority issuing this warranty: (Manufacturer, Distributor, etc.)
COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH:
Yes No
Name of Bidder:
Signature
Title
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 #
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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
6. Subcontractor Cost
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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 Openine:: 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 Openin2: 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.
(0) 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) Ineli2ible 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
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<
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 Delav Bid Openinf!s: 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.
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(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.
2.
3.
4.
5.
6.
General Aggregate
Products and Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage (anyone fire)
Medical Expense (anyone person)
b. Automobile Liability
1. Any automobile-Combined bodily injury/property
damage,
with minimum limits for all additional coverages
as required by Florida law
c. Workers Compensation/Employers Liability
1. Workers Compensation
2. Employers Liability
a. Each Accident
b. Disease-Policy
c. Disease-Each Employee
d. Professional Liability
1. When required by contract-per occurrence
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
$1,000,000
statutory limits
$ 100,000
$ 500,000
$ 100,000
$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 A WARD BID" OR A ''NOTICE
OF REJECTION OF ALL BIDS" WILL BE POSTED ON
THE INTERNET AT: [insert bid notice web addressl]. THIS
WEBP AGE CAN ALSO BE ACCESSED FROM THE
HOMEPAGE OF THE COUNTY'S WEBSITE AT: [insert
County's homepage address2] BY [insert suitable directions3].
NO OTHER NOTICE WILL BE POSTED.
PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE
F ALLURE TO INCLUDE WITHIN THE SEALED BID
ENVELOPE A PROPER BID BOND OR OTHER SECURITY
1 As of the date on which this Purchasing Policy was adopted, the bid notice web address was:
http://www.claycountygov.comlDepartmentslFinance/decision_bids.htm.
2 As of the date on which this Purchasing Policy was adopted, the County's homepage address was:
http://www.claycountygov.coml.
3 As of the date on which this Purchasing Policy was adopted, suitable directions would be: "FOLLOWING
THE ''Notice ofIntent 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 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.
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 web site, 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
making appropriate inquiry.
5. The County Manager shall cause a copy of this policy to be posted on
the County's web site 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
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9. Upon receipt ofa 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:
28
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
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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 fmding 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 fmdings 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 fmding 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 fmal 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
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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 party, 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 party or such
party's authorized agent. No notice or petition may be filed by facsimile
transmission or bye-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.
33
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........
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22. For purposes of this section, counsel shall mean an attorney who is a
member of the Florida Bar in good standing.
23. F or purposes of this section, all notices of protest and petitions
initiating formal protest proceedings, and all stipulations, briefs, proposed
fmdings of fact, written motions and proposed orders submitted to a hearing
officer shall be on white, opaque paper 8 Y2 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 fmdings of fact, written
motions and proposed 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 Y2" 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 Play~ounds, Clay County, 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,
Artn: 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:
~
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~
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Remarks:
Specifications are too restrictive (please explain below or attach separately)
Unable to meet specifications
Specifications were unclear (please explain below or attach separately)
Insufficient time to respond
We do not offer this product or service
Our schedule would not permit us to perform at this time
Unable to meet bond requirements
Other (please explain below or attach separately)
Company Name:
Telephone:
Signature:
Print Name:
Address:
Fax#:
Title:
City:
Zip:
Form W-g
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Certification
(Rev. November 2005)
Department of the Treasury
Internal Revenue Service
N Name (as shown on your income tax return)
Q)
Ol
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c. Business name. if different from above
c
o
Gl Ul
~ 5 0 Individual! 0 Corporation
-::- n Check appropriate box: Sole proprietor
~ ~ Address (number. street. and apt. or suite no.)
'C .E
D.u
=5 City, state, and ZIP code
Gl
Co
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Q) List account number{s) here (optional)
Q)
en
Taxpayer Identification Number (TIN)
o Partnership 0 Other. _ __ _ __ __ __ _ __ _ _ ___
o Exempt from backup
withholding
Requester's name and address (optional)
~
or
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withhOlding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person (including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 4.)
Sign I Signature of
Here .. u.s. person ~ Date ~
Purpose of Form
A person who is required to file an information return with the
IRS, must obtain your correct taxpayer identification number
(TIN) to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
U.S. person. Use Form W-9 only if you are a U.S. person
(including a resident alien), to provide your correct TIN to the
person requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from baCkup withholding if you are a
U.S. exempt payee.
In 3 above, if applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income
from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively
connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
For federal tax purposes, you are considered a person if you
are:
· An individual who is a citizen or resident of the United
States,
· A partnership, corporation, company, or association
created or organized in the United States or under the laws
of the United States, or
· Any estate (other than a foreign estate) or trust. See
Regulations sections 301. 7701-6(a) and 7(a) for additional
information.
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required
to pay a withholding tax on any foreign partners' share of
income from such business. Further, in certain cases where a
Form W-9 has not been received, a partnership is required to
presume that a partner is a foreign person, and pay the
withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to
establish your U.S. status and avoid withholding on your
share of partnership income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the
partnership conducting a trade or business in the United
States is in the following cases:
· The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X
Form W-9 (Rev. 11-2005)
.......
,
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Form W-9 (Rev. 11-2005)
Page 2
· The U.S. grantor or other owner of a grantor trust and not
the trust, and
· The U.S. trust (other than a grantor trust) and not the
beneficiaries of the trust.
Foreign person. If you are a foreign person, do not use
Form W-9. Instead, use the appropriate Form W-8 (see
Publication 515, Withholding of Tax on Nonresident Aliens
and Foreign Entities).
Nonresident alien who becomes a resident alien.
Generally, only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However, most tax treaties contain a
provision known as a "saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income,
you must attach a statement to Form W-9 that specifies the
following five items:
1. The treaty country. Generally, this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under
the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty
allows an exemption from tax for scholarship income
received by a Chinese student temporarily present in the
United States. Under U.S. law, this student will become a
resident alien for tax purposes if his or her stay in the United
States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30,
1984) allows the provisions of Article 20 to continue to apply
even after the Chinese student becomes a resident alien of
the United States. A Chinese student who qualifies for this
exception (under paragraph 2 of the first protocol) and is
relying on this exception to claim an exemption from tax on
his or her scholarship or fellowship income would attach to
Form W-9 a statement that includes the information
described above to support that exemption.
If you are a nonresident alien or a foreign entity not subject
to backup withholding, give the requester the appropriate
completed Form W-8.
What is backup withholding? Persons making certain
payments to you must under certain conditions withhold and
pay to the IRS 28% of such payments (after December 31,
2002). This is called "backup withholding." Payments that
may be subject to backup withholding include interest,
dividends, broker and barter exchange transactions, rents,
royalties, nonemployee pay, and certain payments from
fishing boat operators. Real estate transactions are not
sUbject to backup withholding.
You will not be subject to backup withholding on payments
you receive if you give the requester your correct TIN, make
the proper certifications, and report all your taxable interest
and dividends on your tax return.
Payments you receive will be subject to backup
withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part
II instructions on page 4 for details),
3. The IRS tells the requester that you furnished an
incorrect TIN,
4. The IRS tells you that you are subject to backup
withholding because you did not report all your interest and
dividends on your tax return (for reportable interest and
dividends only), or
5. You do not certify to the requester that you are not
subject to backup withholding under 4 above (for reportable
interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup
withholding. See the instructions below and the separate
Instructions for the Requester of Form W-9.
Also see Special rules regarding partnerships on page 1.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN
to a requester, you are subject to a penalty of $50 for each
such failure unless your failure is due to reasonable cause
and not to willful neglect.
Civil penalty for false information with respect to
withholding. If you make a false statement with no
reasonable basis that results in no backup withholding, you
are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully
falsifying certifications or affirmations may subject you to
criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in
violation of federal law, the requester may be subject to civil
and criminal penalties.
Specific Instructions
Name
If you are an individual, you must generally enter the name
shown on your income tax return. However, if you have
changed your last name, for instance, due to marriage
without informing the Social Security Administration of the
name change, enter your first name, the last name shown on
your social security card, and your new last name.
If the account is in joint names, list first, and then circle,
the name of the person or entity whose number you entered
in Part I of the form.
Sole proprietor. Enter your individual name as shown on
your income tax return on the "Name" line. You may enter
your business, trade, or "doing business as (DBA)" name on
the "Business name" line.
Limited liability company (LLC). If you are a single-member
LLC (including a foreign LLC with a domestic owner) that is
disregarded as an entity separate from its owner under
Treasury regulations section 301.7701-3, enter the owner's
name on the "Name" line. Enter the LLC's name on the
"Business name" line. Check the appropriate box for your
filing status (sole proprietor, corporation, etc.), then check
the box for "Other" and enter "LLC" in the space provided.
Other entities. Enter your business name as shown on
required federal tax documents on the "Name" line. This
name should match the name shown on the charter or other
legal document creating the entity. You may enter any
business, trade, or DBA name on the "Business name" line.
Note. You are requested to check the appropriate box for
your status (individual/sole proprietor, corporation, etc.).
Exempt From Backup Withholding
If you are exempt, enter your name as described above and
check the appropriate box for your status, then check the
"Exempt from backup withholding" box in the line following
the business name, sign and date the form.
/
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Form W-9 (Rev. 11-2005)
Page 3
Generally, individuals (including sole proprietors) are not
exempt from backup withholding. Corporations are exempt
from backup withholding for certain payments, such as
interest and dividends.
Note. If you are exempt from backup withholding, you
should still complete this form to avoid possible erroneous
backup withholding.
Exempt payees. Backup withholding is not required on any
payments made to the following payees:
1. An organization exempt from tax under section 501 (a),
any IRA, or a custodial account under section 403(b)(7) if the
account satisfies the requirements of section 401(f)(2),
2. The United States or any of its agencies or
instrumentalities,
3. A state, the District of Columbia, a possession of the
United States, or any of their political subdivisions or
instrumentalities,
4. A foreign government or any of its political subdivisions,
agencies, or instrumentalities, or
5. An international organization or any of its agencies or
instrumentalities.
Other payees that may be exempt from backup
withholding include:
6. A corporation,
7. A foreign central bank of issue,
8. A dealer in securities or commodities required to register
in the United States, the District of Columbia, or a
possession of the United States,
9. A futures commission merchant registered with the
Commodity Futures Trading Commission,
10. A real estate investment trust,
11. An entity registered at all times during the tax year
under the Investment Company Act of 1940,
12. A common trust fund operated by a bank under
section 584(a),
13. A financial institution,
14. A middleman known in the investment community as a
nominee or custodian, or
15. A trust exempt from tax under section 664 or
described in section 4947.
The chart below shows types of payments that may be
exempt from backup withholding. The chart applies to the
exempt recipients listed above, 1 through 15.
IF the payment is for. . .
THEN the payment is exempt
for. . .
Interest and dividend payments
All exempt recipients except
for 9
Broker transactions
Exempt recipients 1 through 13.
Also, a person registered under
the Investment Advisers Act of
1940 who regularly acts as a
broker
Barter exchange transactions
and patronage dividends
Exempt recipients 1 through 5
Payments over $600 required
to be reported and direct
sales over $5,000 1
'See Form 1099-MISC, Miscellaneous Income. and its instructions.
'However. the following payments made to a corporation (including gross
proceeds paid to an attorney under section 6045(1), even if the attomey is a
corporation) and reportable on Fonn 1099-MISC are not exempt from
baCkup withholding: medical and health care payments, attomeys' fees; and
payments for services paid by a federal executive agency.
Generally, exempt recipients
1 through 7'
Part I. Taxpayer Identification
Number (TIN)
Enter your TIN in the appropriate box. If you are a resident
alien and you do not have and are not eligible to ~et an SSN,
y'our TIN is your IRS individual taxpayer identificatIon number
(ITIN). Enter it in the social security number box. If you do
not have an rTIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may
enter either your SSN or EIN. However, the IRS prefers that
you use your SSN.
If you are a single-owner LLC that is disregarded as an
entity separate from its owner (see Limited liability company
(LLC) on page 2), enter your SSN (or ErN, if you have one). If
the LLC is a corporation, partnership, etc., enter the entity's
EIN.
Note. See the chart on page 4 for further clarification of
name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one
immediately. To apply for an SSN, get Form SS-5,
Application for a Social Security Card, from your local Social
Security Administration office or get this form online at
www.socialsecurity.gov. You may also get this form by
calling 1-800-772-1213. Use Form W-7, Application for IRS
Individual Taxpayer Identification Number, to apply for an
ITIN, or Form SS-4, Application for Employer Identification
Number, to apply for an EIN. You can apply for an ErN online
by accessing the IRS website at www.irs.govlbusinesses and
clicking on Employer ID Numbers under Related Topics. You
can get Forms W-7 and SS-4 from the IRS by visiting
www.irs.govor by calling 1-800-TAX-FORM
(1-800-829-3676).
If you are asked to complete Form W-9 but do not have a
TIN, write "Applied For" in the space for the TIN, sign and
date the form, and give it to the requester. For interest and
dividend payments, and certain payments made with respect
to readily tradable instruments, generally you will have 60
days to get a TIN and give it to the requester before you are
subject to backup withholding on payments. The 60-day rule
does not apply to other types of payments. You will be
subject to backup withholding on all such payments until you
provide your TIN to the requester.
Note. Writing "Applied For" means that you have already
applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign
owner must use the appropriate Form W-B.
,
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Form W-g (Rev. 11-2005)
Page 4
Part II. Certification
To establish to the withholding agent that you are a U.S.
person, or resident alien, sign Form W-9. You may be
requested to sign by the withholding agent even if items 1, 4,
and 5 below indicate otherwise.
For a joint account, only the person whose TIN is shown in
Part I should sign (when required). Exempt recipients, see
Exempt From Backup Withholding on page 2.
Signature requirements. Complete the certification as
indicated in 1 through 5 below.
1. Interest, dividend, and barter exchange accounts
opened before 1984 and broker accounts considered
active during 1983. You must give your correct TIN, but you
do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange
accounts opened after 1983 and broker accounts
considered inactive during 1983. You must sign the
certification or backup withholding will apply. If you are
subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2
in the certification before signing the form.
3. Real estate transactions. You must sign the
certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but
you do not have to sign the certification unless you have
been notified that you have previously given an incorrect TIN.
"Other payments" include payments made in the course of
the requester's trade or business for rents, royalties, goods
(other than bills for merchandise), medical and health care
services (including payments to corporations), payments to a
nonemployee for services, payments to certain fishing boat
crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or
abandonment of secured property, cancellation of debt,
qualified tuition program payments (under section 529),
IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give
your correct TIN, but you do not have to sign the
certification.
What Name and Number To Give the
Requester
For this type of account:
1. Individual
2. Two or more individuals Ooint
account)
3. Custodian account of a minor
(Uniform Gift to Minors Act)
4. a. The usual revocable
savings trust (grantor is
also trustee)
b. So-called trust account
. that is not a legal or valid
trust under state law
5. Sole proprietorship or
single-owner LLC
Give name and SSN of:
The individual
The actual owner of the account
or, if combined funds, the first
individual on the account 1
The minor 2
The grantor-trustee 1
The actual owner 1
The owner 3
For this type of account:
6. Sole proprietorship or
single-owner LLC
7. A valid trust, estate, or
pension trust
8. Corporate or LLC electing
corporate status on Form
8832
9. Association, club, religious,
charitable, educational, or
other tax-exempt organization
10. Partnership or multi-member
LLC
11. A broker or registered
nominee
12. Account with the Department
of Agriculture in the name of
a public entity (such as a
state or local government,
school district, or prison) that
receives agricultural program
payments
Give name and EIN of:
The owner 3
Legal entity 4
The corporation
The organization
The partnership
The broker or nominee
The public entity
'Ust first and circle the name of the person whose number you furnish. If
only one person on a joint account has an SSN, that person's number must
be furnished.
2
Circle the minor's name and furnish the minor's SSN.
'You must show your individual name and you may also enter your business
or "DBA" name on the second name line. You may use e~her your SSN or
EIN (if you have one). If you are a sole proprietor, IRS encourages you to
use your SSN.
· Ust first and circle the name of the legal trust, estate, or pension trust. (Do
not fumlsh the TIN of the personal representative or trustee unless the legal
entity itself is not designated in the account title.) Also see Special rules
regarding partnerships on page 1.
Note. If no name is circled when more than one name is
listed, the number will be considered to be that of the first
name listed.
Privacy Act Notice
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To:
From:
Date:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler" Vice Mayor
Isaac Aelion, Commissioner
Jeanette Gatto, Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 792-1565 Fax
(305) 947-2150 Building Department
Jorge L. Vera, Acting City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Honorable Mayor and Commission
Jorge L. Vera, Acting City Manager
March 8, 2010
Heritage Park
RECOMMENDATION:
Staff recommends City Commission approval of the attached resolution to Ratify the Agreement
between Rep. Services Inc. and the City for the delivery and installation of the Heritage Park
playground equipment and safety surface.
REASON:
On October 14,2010 the City Commission approved Resolution No. 2010-1622 for change order
#5 allowing Coastal Construction Inc. to proceed with City requested items among them the
purchase and installation of the Heritage Park playground equipment and safety surface. Upon
finalization of the overall playground scope, City staff determined that it would be in the best
interest of the City to procure and purchase the playground equipment and safety surface directly
to achieve a savings by purchasing directly off of Clay County and School Board District of
Manatee County Contracts. As a result of the direct purchase, Coastal Construction's Contract
can be reduced by the amount allocated for the purchase of the playground equipment and safety
surface as part of change order #5.
Agenda Item "3 b
Date 3- 8- U