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2016-25 FURNISH AND INSTALLATION OF A D A PLAYGROUND MULCH SERVICES AGREEMENT THIS AGREEMENT, made and entered into this i47N day of Amu, 2016, A D , by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and IMULCHFL, INC , 210 Tubbs Street, Suite 569, Oakland, Florida 34760 (hereinafter referred to as "CONTRACTOR") WHEREAS, CONTRACTOR has through the public procurement process entered into an agreement with the Lake County B C C , Florida to furnish and install ADA playground mulch, WHEREAS, based on CONTRACTOR's response, Lake County B C C awarded a contract to CONTRACTOR under the terms of Invitation to Bid 15-0403, WHEREAS, CITY desires to utilize the CONTRACTOR's approved bid with Lake County B C C in accordance with CITY's procurement policy, and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of Lake County-B C C contract 15-0403 WITNESSETH That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish and install A D A playground mulch as described in the Lake County B C C contract 15-0403 which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR To the extent of a conflict between this Agreement and Exhibit"A", the terms and conditions of this Agreement shall prevail and govern ARTICLE II - THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Pnce Schedule an amount in accordance with the compensation schedule set forth in Exhibit"B", attached hereto and incorporated herein ARTICLE III—TERM AND TERMINATION 1 This Agreement is to become effective upon execution by both parties, and shall remain in effect until November 23, 2016, unless renewed or terminated as provided for the Lake County B C C contractual agreement 1 2 Notwithstanding any other provision of this Agreement, CITY may, upon wntten notice to CONTRACTOR, terminate this Agreement if a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt, c) CONTRACTOR makes a general assignment for the benefit of its creditors, d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement, or e) CONTRACTOR is expenencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination ARTICLE IV- COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable purchase order ARTICLE V -PAYMENTS In accordance with the provisions fully set forth in the General Conditions, CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar month for items provided during the preceding calendar month CITY shall make payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for items provided and accepted by the CITY ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 1 Any claim, dispute or other matter in question ansing out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party 2 The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation 3 The parties shall share the mediator's fee and any filing fees equally The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1 Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all 2 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 with the Florida Worker's Compensation Law In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected 2 CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain dunng the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows (a) CONTRACTOR's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury& Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis 3 SubCONTRACTOR's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above 4 Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of 3 them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subCONTRACTOR under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein ARTICLE VIII -NOTICES All notices shall be in wnting and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight couner service to the address of the party set forth below Any such notice shall be deemed given when received by the party to whom it is intended CONTRACTOR iMulchfl, Inc 210 Tubbs Street, Suite 569 Oakland, FL 34760 Steven Richards, Vice President CITY City of Clermont Attn Darren Gray, City Manager 685 W Montrose Street Clermont, FL 34711 ARTICLE IX—MISCELLANEOUS 1 Attorneys' Fees In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law 2 Waiver The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or 4 of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement 3 Severability If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law 4 Amendment Except for as otherwise provided herein, this agreement may not be modified or amended except'by an agreement in wasting signed by both parties 5 Entire Agreement This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all pnor and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR 6 Assignment This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city 7 Venue The parties agree that the sole and exclusive venue for any cause of action ansing out of this agreement shall be Lake County, Florida 8 Applicable Law This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida 9 Public Records Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services ,contemplated herein (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authonzed by law 5 (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY (e) If Contractor has questions regarding the application of Chapter 119, Flonda Statutes, to the Contractor's duty to provide public records relating to this Contract, Contractor shall contact the City's custodian of public records at City Clerk's Office, (352) 241-7331 ARTICLE X - AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated Document Precedence 1 This Agreement 2 Notice to Proceed or Purchase Order 3 CITY's Purchasing Policy 4 All documents contained in Lake County B C C contract no 15-0403 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 4"day of A e R 1 L 2016 City 0/. lermont D.41) ity , ager Attes Tracy Ackroyd Howe, City Clerk ` f / 6 iMulchfl, Inc B'SSS s � �--� 'msuorras Pnnted Name and Title Atte t r Co orate e - KaI� r� n 2 icjin (Name glinted or Typed) 7 EXHIBIT A f, LAKE COUNTY FLORIDA MODIFICATION OF CONTRACT s 1 Modification No. I� 2 Contract No. 15-0403 Effective Date Nol'ember 24,2015 Effective� Date November 24,2014 3 Contracting Officer Sandra Rogers 5 Contractor Name and Address Telephone Number (352)343-9832 iMulchfl,Inc 4 Issued By 210 Tubbs St,#569 1 Oaldand,Florida 34760 Procurement Services ! Lake County Ad inis`tration Building 315 W Main St, uite 441 Attn Steven Richards,Vice President Tavares,Florida 32778-7800 6 SPECIAL INSTRUCTIONS. Contractor is required to sign Block 8 showing acceptance of the below written modification and Llletum this form to address shown in Block 4 within ten(10)days after receipts preferably by certified mail to ensure a s'stem of positive receipts Retam a photocopy of the signed copy of this modification and attach to original of contra i,which was previously provided 7 DESCRIPTION OF MODIFICATION Contract modificai ion,to extend for one(1)year expiring November 23,2016 8 ontractor's Signa UIRED 9 Lake County,Florida Name L .,k, By Title' \kt , Contracting Officer Date CAIAl‘ 00-2.t-f--)S I Date 10 Distribution I Original-Bid No X15-0403 Copies-Contractor Contracting Office FISCAL AND ADMINISTRATIVE SERVICES/PROCUREMENT SERVICES P 0 BOX 7800.315 W MAIN ST TAVARES,a 32778•P 352 343 9839•F 352 343 9473 Board o,fCoano,Commissioners•whir Iakecounrj l gar TIMOTH1 I SULLIVAN $EAN M PARKS MCP QI-P JIMMY CONNER LESLIE CAMPIONE WELTON G CADWELL Dictrrrf/ i Dishlct 2 District 3 Dish let 4 Mils set S LAKE COUNTY FLORIDA CONTRACT NO. 15-0403 Furnish and Installation of ADA Playground Mulch LAKE COUNTY, FLORIDA, a political subdivision of the state of Flonda,its successors and assigns through its Board of County Commissioners(hereinafter"County")does hereby accept,with noted modifications, if any, the bid of iMulchfl. Inc (hereinafter"Contractor")to furnish and install ADA Playground Mulch to the County pursuant to County Bid number 15-0403 (hereinafter"Bid"), opening dated October 8, 2014 and Contractor's October 6, 2014 Bid response thereto with all County Bid provisions governing A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through The attachments noted below(if any) are attached hereto and are also made a part of this Contract Attachments N/A No financial obligation under this contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this contract Contractor shall submit the documents hereinafter listed pnorto commencement of this Contract Insurance Certificate The County's Procurement Services Manager shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof,shall,at his or her option,declare this contract terminated, and for any loss or damage by reason of such breach,whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable This Contract is effective from November 24, 2014 through November 23, 2015 except the County reserves the nght to terminate this Contract immediately for cause and/or lack of funds and with thirty(30) day written notice for the convenience of the County This Contract provides for four (4) one (1) year renewals at Lake County's sole option at the terms noted in the Bid Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Manager LAKE COUNTY, FLORIDA By ..52-rWL-- Contracting Offi Date n eU-cmbpr--I ssi2 Distribution Onginal-Bid File Copy-Contractor Copy-Department ...*1- OP ---Th LAKE COUNTY FLORIDA INVITATION TO BID (ITB) Furnish and Installation of ADA Playground Mulch ITB Number 15-0403 Contracting Officer Sandra Rogers Bid Due Date October 8,2014 Pre-Bid Conf.Date. See Section 1 4 Bid Due Time 3 00 PM ITB Issue Date September 11,2014 TABLE OF CONTENTS SECTION I Special Terms and Conditions Page 2 SECTION 2 Statement of Work Page 14 SECTION 3 General Terms and Conditions Page 16 SECTION 4 Pricing/Certifications/Signatures Page 20 SECTION 5 Attachments Page 24 SPECIFIC SOLICITATION REQUIREMENTS ARE AS NOTED BELOW: Proposal and/or Performance Bond Not applicable to this solicitation Certificate of Competency/License Section 1 18 Indemnification/Insurance See Section 1 8 Pre-Bid Conference/Walk-Thru See Section 1 4 At the date and time specified above, all bids that have been received in a timely manner will be opened, recorded, and accepted for consideration The names of the bidders submitting bids will be read aloud and recorded The bids will be available for inspection during normal business hours in the Office of Procurement Services thirty (30) calendar days after the official bid due date When counter- signed by an authorized County representative,this document and any specifically identified attachments may form the contract document binding the parties to all performance specified herein Vendors shall complete and return the entirety of this ITB Document, and attach all other information requested in this ITB document(See Provision 1.13). Failure to sign the bid i esponse, or to submit the bid response by the specified time and date,may be cause for rejection of the bid. NO-RESPONSE REPLY If any vendor does not want to respond to this solicitation at this time,or,would like to be removed from Lake County's Vendor List,please mark the appropriate space,complete name below and return this page only ❑ Not interested at this time,keep oui firm on Lake County's Vendors List for future solicitations for this product/service D Please remove our firm fi om Lake County's Vendor's List for this product/service VENDOR IDENTIFICATION Company Name Phone Number E-mail Address Contact Person 1 {F� SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 Section 1.1: Purpose The purpose of this solicitation is to establish a contract for the delivery and installation of ADA (American with Disabilities Act)playground mulch at various parks throughout Lake County This is an indefinite quantity contract with no guarantee services will be required The County does not guarantee a minimum or maximum dollar amount to be expended on any contract resulting from this Invitation to Bid Section 1.2: Designated Procurement Representative Questions concerning any portion of this solicitation shall be directed m writing [fax and e-mail accepted] to the below named individual who shall be the official point of contact for this solicitation To ensure reply, questions should be submitted no later than five(5) working days before the bid due date Sandra Rogers,CPPB,Contracting Officer Lake County BCC Office of Procurement Services 315 W.Main Street,Room 441 PO BOX 7800 Tavares,FL 32778-7800 Phone 352 343 9832 Fax 352 343.9473 E-mail srogers@lakecountyfl gov No answers given in response to questions submitted shall be binding upon this solicitation unless released in writing as an addendum to the solicitation by the Lake County Office of Procurement Services Section 1.3: Method of Award -To a Single Vendor in the Aggregate Award of this contract will be made to the responsive, responsible vendor who submits an offer on all items listed in the solicitation and which represents the lowest price when all items are added in the aggregate If a vendor fails to submit an offer on all items, its overall offer will be rejected The County will award the total contract to a single vendor Section 1.4: Examination of Site(Recommended) Prior to submitting its offer it is advisable that the vendor visit the site of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required The vendor is also advised to examine carefully the drawings and specifications and to become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract No additional allowances will be made because of lack of knowledge of these conditions 2 1 1 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 1 Section 1.5: Term of Contract—Twelve(12)Months I This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the I Notice of Award Letter distributed by the County's Office of Procurement Services, and contingent upon the completion and submittal of all required pre-award documents The initial contract term shall remain in effect for twelve (12) months, and then the contract will remain in effect until completion of the expressed and/or implied warranty period The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere m this document Section 1.6: Option to Renew for four(4)Additional One(1)Year Period(s)(With Price Adjustment) Prior to, or upon completion, of the initial term of this contract,the County shall have the option to renew this contract for four (4) additional one (1) year period(s). Prior to completion of each exercised contract term, the County may consider an adjustment to price based on changes as published by the U S Department of Labor, Bureau of Labor Statistics (http//www bls gov), Wage, Earnings and Benefits Calculators. It is the vendor's responsibility to request in writing any pricing adjustment under this provision The vendor's written request for adjustment should be submitted thirty(30) calendar days prior to expiration of the then current contract term The vendor adjustment request must clearly substantiate the requested increase The written request for adjustment should not be in excess of the relevant pricing index change If no adjustment request is received from the vendor, the County will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period shall not be considered The County reserves the right to reject any written price adjustments submitted by the vendor and/or to not exercise any otherwise available option period based on such price adjustments Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a right of the vendor This prerogative will be exercised only when such continuation is clearly in the best interest of the County Section 1.7: Method of Payment-Periodic Invoices For Completed Purchases The vendor(s) shall submit invoices to the County user department(s) after each individual purchase has been completed In addition to the general invoice requirements set forth below, the invoices shall reference,as applicable,the corresponding delivery ticket number,packing slip number, of other acceptance document that was signed by an authorized representative of the County user department at the time the items were delivered and accepted Submittal of these periodic invoices shall not exceed thirty (30) calendar days fiom the delivery of the goods or services Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items All invoices shall contain the contract and/or purchase order number, date and location of delivery or service, and confirmation of acceptance of the goods or services by the appropriate 3 6 1 Y D SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 q 1 County representative Failure to submit invoices in the prescribed manner will delay payment, I and the vendor may be considered in default of contract and its contract may be tel ! Payments shall be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218,Florida Statutes Section 1.8: Insurance(Purchase Over$25,000) Each vendor shall include in its solicitation response package proof of insurance capabilities, including but not limited to, the following requirements [This does not mean that the vendor must have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase older or contract being executed by the County] An original certificate of insurance, indicating that the awarded vendor has coverage in accordance with the requirements of this section, shall be furnished by the vendor to the Contracting Officer within five (5) working days of such request and must be received and accepted by the County prior to contract execution and/or before any work begins The vendor shall provide and maintain at all times during the term of any contract, without cost or expense to the County, policies of insurance, with a company or companies authorized to do business m the State of Florida, and which are acceptable to the County, insuring the vendor against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the vendor under the terms and provisions of the contract. The vendor is responsible for timely provision of certificate(s) of insurance to the County at the certificate holder address evidencing conformance with the contract requirements at all times throughout the term of the contract Such policies of insurance, and confirming certificates of insuiance, shall insure the vendor is in accordance with the following minimum limits General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements,with the following minimum limits and covei age. Each Occurrence/General Aggregate $1,000,000/2,000,000 Products-Completed Operations $2,000,000 Personal&Adv Injury $1,000,000 Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included Automobile liability insurance, including owned, non-owned, and hired autos with the following minimum limits and coverage Combined Single Limit $1,000,000 Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and/or any other applicable law 4 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 i requiring workers' compensation (Federal, maritime, etc) If not iequired by law to maintain workers compensation insurance,the vendor must provide a notarized statement that if he or she is injured,he or she will not hold the County responsible for any payment or compensation Employers Liability insurance with the following minimum limits and coverage Each Accident $1,000,000 Disease-Each Employee $1,000,000 Disease-Policy Limit $1,000,000 Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with minimum limits of$1,000,000 and annual aggregate of$2,000,000 The following additional coverage must be provided if a dollar value is inserted below Loss of Use at coverage value $ Garage Keepers Liability at coverage value $ Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, shall be named as additional insured as their interest may appear on all applicable liability insurance policies. The certificate(s) of insurance, shall provide for a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the provided insurance It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder If it is not possible for the Vendor to certify compliance, on the certificate of insurance, with all of the above requirements, then the Vendor is required to provide a copy of the actual policy endorsement(s)providing the required coverage and notification provisions Certificate(s) of insurance shall identify the applicable solicitation (ITB/RFP/RFQ) number m the Description of Operations section of the Certificate. Certificate holder shall be LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,AND THE BOARD OF COUNTY COMMISSIONERS P O BOX 7800 TAVARES,FL 32778-7800 Certificates of insurance shall evidence a waiver of subrogation in favor of the County, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the County 5 1 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 The Vendor shall be responsible for subcontractors and their insurance Subcontractors are to provide certificates of insurance to the prime vendor evidencing coverage and terms in accordance with the Vendor's requirements All self-msured retentions shall appear on the certificate(s) and shall be subject to approval by the County At the option of the County, the insurer shall reduce or eliminate such self-insured retentions, or the vendor or subcontractor shall be required to procure a bond guaranteeing payment of losses and related claims expenses The County shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self-insured retention in any insurance policy The payment of such deductible or self-insured retention shall be the sole responsibility of the vendor and/or sub contractor providing such insurance. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default Neither approval by the County of any insurance supplied by the vendor or Subcontractor(s),nor a failure to disapprove that insurance, shall relieve the vendor or Subcontractor(s) of full responsibility for liability,damages,and accidents as set forth herein Section 1.9: Bonding Requirements Not applicable to this solicitation Section 1.10: Delivery Shall be Fourteen (14)Days After Date of Order The vendor shall make deliveries within fourteen (14) calendar days after the date of the order. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s),except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the vendor In these cases, the vendor shall notify the County of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County Should the vendor(s) to whom the contract(s) is awarded fail to deliver the required goods or services under a specific order in the number of days stated above, the County reserves the right to cancel the specific order under the contract on a default basis after any back order period that has been specified in this contract has lapsed If the specific order is so terminated, it is hereby understood and agreed that the County has the author ity to purchase the goods elsewhere and to charge the incumbent vendor with any re-procurement costs If the vendor fails to honor these re-procurement costs,the County may terminate the contract in its entirety for default Certain County employees may be authorized in writing to pick-up materials under this contract Vendors shall require presentation of this written authorization The vendor shall maintain a copy of the authorization If the vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization 6 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 Section 1.10.1: Shipping Terms The F O.B. point for product ordered as a result of this solicitation shall be F.O.B.: DESTINATION. The title will pass from the contractor to the County only after the County 4 receives AND accepts each item Delivery will not be complete until the County has accepted each item Section 1.11: Acceptance of Goods or Services The product(s) delivered as a result of an award from this solicitation shall remain the property of the contractor, and services rendered under the contract will not be deemed complete, until a physical inspection and actual usage of the product(s) and/or service(s) is (are) accepted by the County and shall be in compliance with the terms herem, fully in accord with the specifications and of the highest quality. Any goods and/or services purchased as a result of this solicitation and/or contract may be tested/inspected for compliance with specifications In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, the County reserves the right to terminate the contract or initiate corrective action on the part of the vendor, to include return of any non-compliant goods to the vendor at the vendor's expense,requuing the vendor to either provide a direct replacement for the item, or a full credit for the returned item The vendor shall not assess any additional charge(s) for any conformmg action taken by the County under this clause The County will not be responsible to pay for any product or service that does not conform to the contract specifications In addition,any defective product or service or any product or service not delivered or performed by the date specified in the purchase order or contract, may be procured by the County on the open market, and any increase m cost may be charged against the awarded contractor Any cost mcurred by the County in any re-procurement plus any increased product or service cost shall be withheld from any monies owed to the contractor by the County for any contract or financial obligation Section 1.12: Deficiencies in Work to be Corrected by the Vendor The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status All corrections shall be made within three (3) calendar days after such rejected defects, deficiencies, and/or non-conformances are verbally reported to the vendor by the County's project administrator,who may confirm all such verbal reports in writmg The vendor shall bear all costs of correcting such rejected work If the vendor fails to correct the work within the period specified, the County may, at its discretion, notify the vendor, in writing, that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the County within three(3)calendar days of receipt of the notice If the vendor fails to correct the work within the period specified in the notice, the County shall place the vendor in default, obtain the services of another vendor to correct the deficiencies, and charge the incumbent vendor for these costs, either through a deduction from the final payment owed to the vendor or 7 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 through invoicing If the vendor fails to honor this invoice or credit memo, the County may terminate the contract for default Section 1.13 Delivery and Completion of Solicitation Response 1 Section 1.13.1: Delivery of Solicitation Response Unless a package is delivered by the vendor in person, all incoming mail from the U S Postal Service and any package delivered by a third party delivery organization (FedEx, UPS, DHL, pnvate courier, etc) will be opened for security and contamination inspection by the Lake County Clerk of the Circuit Court Mail Receiving Center in an off-site secure controlled facility pnoi to delivery to any Lake County Government facility, which includes the Lake County Office of Procurement Services To be considered for award, a bid or proposal must be received and accepted in the Office of Procurement Services prior to the date and time established within the solicitation A response will not be considered for award if received in the Office of Procurement Services after the official due date and time regardless of when or how it was received by the Lake County Clerk of Court Mail Receiving Center Allow sufficient time for transportation and inspection Each package shall be clearly marked with the applicable solicitation number,title, and company name Ensure that your bid or proposal is securely sealed in an opaque envelope/package to provide confidentiality of the bid or proposal prior to the due date stated in the solicitation If you plan on submitting your bid or proposal IN PERSON,please bring it to LAKE COUNTY PROCUREMENT SERVICES 315 W.MAIN STREET 4TH FLOOR,ROOM 441 TAVARES,FLORIDA If you submit your bid of proposal by the UNITED STATES POSTAL SERVICE (USPS), please mail it to LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES,FL 32778-7800 If you submit your bid or proposal by a THIRD PARTY CARRIER such as FedEx, UPS, or a private courier,please send it to LAKE COUNTY PROCUREMENT SERVICES MAIL RECEIVING CENTER 32400 COUNTY ROAD 473 LEESBURG,FL 34788 Facsimile(fax)or electronic submissions(e-mail)will not be accepted 8 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 Section 1.13.2: Completion Requirements for Invitation to Bid Two (2) signed original bids and one(1) complete copy of the bid submitted by the vendor shall be sealed and delivered to the Office of Procurement Services no later than the official bid due date and time. Any bid received after this time will not be considered and will be returned unopened to the submitter. The County is not liable or responsible for any costs incurred by any Bidder in responding to this 1TB including, without limitation, costs for product and/or service demonstrations if requested When you submit your bid, you are making a binding offer to the County and are agreeing to all of the terms and conditions in this Invitation to Bid Use only the form(s) provided in this document If you make any change to the content or format of any form, the County may disqualify your offer All information shall be legible and either written in ink or typewritten If you make a correction or change on any document, the person signing the bid proposal must initial the change The bid shall be manually signed in BLUE INK by an official authorized to legally bind the Bidder to its provisions COMPLETION OF BID PACKAGE. The vendor shall complete all required entries in Section 4 of the bid form such as, but not limited to, pricing pages, signature, certifications, references, and acknowledgement of any solicitation addenda The vendor shall submit the entire solicitation with all Section 4 entries completed in the number of copies specified to the address specified in this solicitation The vendor shall also submit any supporting documents(to include proof of insurability and provision of bid bonds as required), samples, and/or descriptive literature required by any of the provisions in Section 2 of the solicitation in a separate sealed envelope / package marked "Literature for Bid (Number) " Do not indicate bid prices on literature Specific Completion Directions. > Pricing shall be completed as directed within Section 4 > Initial and date in BLUE INK the appropriate space(s) for each addendum you received for this ITB > Insert any prompt payment discount that you will offei Note payment is NET 30 DAYS otherwise > Complete all certifications included within Section 4 of the solicitation > Complete the reference information sheets (include at least three (3) references) contained within the solicitation > Complete the vendor information, and sign the bid(IN BLUE INK) in the spaces provided m Section 4 of the solicitation > If insurance is required, submit either a certificate of insurance, or evidence of insurability, that is in compliance with the stated insurance requirements Section 1.14: Accident Prevention and Barricades 9 1 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 Precautions shall be exercised at all times for the protection of persons and property All vendors performing services under this contract shall conform to all relevant Federal, State and 1 County regulations during the course of such effort Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the responsible vendor Barricades shall be provided by the vendor when work is performed in areas traversed E by persons,or when deemed necessary by the County Project Manager 1 Section 1.15: Additional Locations may be Added Although this solicitation and resultant contract identifies specific locations to be serviced, it is hereby agreed and understood that any County department or agency facility may be added to this contract at the option of the County When required by the pricing structure of the contract, vendor under this contract shall be invited to submit price quotes for these additional facilities If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor that offers the lowest acceptable pricing The additional location shall be added to this contract by formal modification The County may obtain price quotes for the additional facilities from other vendor m the event that fair and reasonable pricing is not obtained from the current contract vendor, or for other reasons at the County's discretion Section 1.16: Availability of Contract to Other County Departments Although this solicitation is specific to a County Department, it is hereby agreed and understood that any County department or agency may avail itself of this contract and purchase any and all items specified herein from the vendor(s)at the contract price(s)established herein Under these circumstances, a contract modification shall be issued by the County identifying the requirements of the additional County department(s) Section 1.17: Business Hours of Operations No work shall be done on Saturday, Sunday, or on any days between the hours of 4 00 P.M and 7.00 A M. except when such work is necessary for the proper care and protection of the work already performed, and when permission to do such work is secured from the County Department representative No overtime work shall be started without prior approval of the immediate project manager or his/het designated representative Section 1.18: Certificate of Competency/Licensure,Permits,and Fees Any person, firm, corporation or joint venture that submits an offer in response to a County solicitation shall,at the time of such offer,hold a valid Certificate of Competency or appropriate current license issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed If work for other trades is required in conjunction with this solicitation and will be performed by a sub-contractors) or vendot(s)hired by the prime/responding vendor, an applicable Certificate of Competency/license issued to the sub-contractor(s)/hired vendoi(s) shall be submitted with the prime/responding vendor's offer, provided, however, that the County may at its option and in its best interest allow the 10 SECTION 1 — SPECIAL TERMS AND CONDITIONS I FB Number 15-0403 prime/lespondmg vendor to supply the sub contractor(s)/hired vendor(s) certificate/license to the County during the offei evaluation period The prime/responding vendor is responsible to ensure that all iequired licenses, permits, and fees (to include any inspection fees) required for this project are obtained and paid for, and shall comply with all laws, ordinances, regulations, and building or other code requirements applicable to the work contemplated herein Damages, penalties, and/or fines imposed on the County or the vendor for failure to obtain required licenses,permits, inspection or other fees,or inspections shall be borne by the vendor Section 1.19: Clean-Up All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropriate manner Upon final completion, the vendor shall thoioughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager Section 1.20: Competency of Vendors and Associated Subcontractors The County may elect to conduct a pre-award inspection of the vendor's facility during the offer evaluation process Offers will be considered only from firms which are regularly engaged in the business of providing or distributing the goods and/or performing the services as described in the solicitation, and who can produce evidence of a consistent satisfactory record of performance Vendors must demonstrate that they have sufficient financial support and organization to ensure that they can satisfactorily execute the contract if awarded under the terms and conditions herein stated In the event that the vendor intends to sub-contract any part of its work to another vendoi, or will obtain the goods specifically offered under this contract from another source of supply; the vendor may be required to verify the competency of its sub-contractor or supplier The County reserves the right, before awarding the contract, to require a vendor to submit such evidence of its qualifications and the qualifications of its sub-contractor as it may deem necessary The County may consider any evidence available to it of the financial, technical and other qualifications and abilities of any vendor responding hereunder, including past performance with the County, in determining vendor responsibility for the purposes of selecting a vendor for contract award Section 1.21: Compliance with Federal Standards All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association(NFPA) Section 1.22: Deletion of Locations Although this solicitation identifies specific locations to be serviced, it is hereby agreed and understood that any County department or agency may delete service location(s) when such service is no longer required during the contract period, upon fourteen(14) calendar days written notice to the vendor 11 i 1 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 1 Section 1.23: Furnish and Install Requirements The specifications and/or statement of work contained within this solicitation describe the various functions and classes of work required as necessary for the completion of the project Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the bidder from furnishing, installing or performing such work where required for the satisfactory completion of the project The vendor shall also be required to provide adequate general user framing to County personnel on the appropriate use of the materials or products as and if necessary Section 1.24: Labor,Materials,and Equipment Shall be Supplied by the Vendor Unless otherwise stated in this solicitation the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose All material,workmanship,and equipment shall be subject to the inspection and approval of the County's Project Manager Section 1.25: Protection of Property All existing structures, utilities, services, roads, trees, shrubbery, and property in which the County has an interest shall be protected against damage or interrupted services at all times by the vendor during the term of this contract,and the vendor shall be held responsible for repairing or replacing property to the satisfaction of the County which is damaged by reason of the vendor's operation on the property In the event the vendor fails to comply with these requirements, the County reserves the right to secure the required services and charge the costs of such services back to the vendoi Section 1.26: Risk of Loss The vendor assumes the risk of loss of damage to the County's property during possession of such property by the vendor, and until delivery to, and acceptance of, that property to the County. The vendor shall immediately repair, replace or make good on the loss or damage without cost to the County,whether the loss or damage results from acts or omissions (negligent or not)of the vendor or a third party The vendor shall indemnify and hold the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of this contract The vendoi shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon 12 1 SECTION 1 — SPECIAL TERMS AND CONDITIONS ITB Number 15-0403 Section 1.27: Special Notice to Vendors Regarding Federal and/or State Requirements Upon award of a conti act resultmg from this solicitation, the vendor shall utilize the U S Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system to confirm the em to ment eligibility of 1) All persons employed by the vendor during the term of the contract to perform employment duties within Lake County, and 2) All persons, including subcontractors, assigned by the vendor to perform work pursuant to the contract { { 13 SECTION 2 — STATEMENT OF WORK ITB Number 15-0403 SCOPE OF SERVICES Lake County Parks and Trails Division is seeking bids from vendors to provide and install ADA playground mulch at various Lake County Parks The work to be done under this contract includes, but is not limited to, providing all labor, materials, supervision, equipment, incidentals, and related items necessary to complete the work in accordance with the specifications contained herein. The delivered and installed ADA playground mulch shall be considered wheelchair accessible and compliant with the Americans with Disabilities Act (ADA), and shall meet American Society Testing and Materials (ASTM) standards The height of applied mulch shall have fall protection as required by ASTM F 1292 and ASTM F 2223 standards The ASTM standards generally require 8-12 inches of fall protection or as otherwise specified by a Parks and Trails representative Heavy Equipment shall not be permitted to directly access playgrounds. Vehicular(limited to golf-cart/ATV sized type vehicles) shall be allowed on County property and vehicular paths. Existing vehicular paths must be used with the exception of North Lake Community Park. NO other vehicle types shall be allowed on grass while installing mulch. All vendors responding to this solicitation shall meet or exceed the following criteria and provide proof 1 Vendor Representative shall either working towards certification, or be currently certified by the National Playground Safety Institute(NPSI) 2 Have three(3)or more years of experience in installing engineered wood fiber mulch. Product Specification: Engineered Wood Fiber Playground Surfacing Wood carpet Wood Carpet Composition - Premium wood carpet contains 100%pre-consumer recovered wood - Recycled wood carpet may contain up to 100%post-consumer recovered wood - Dimensions Randomly sized wood fibers,estimated to average 1"to 2" in length. - Meets or exceeds all ADA requirements - Meets ASTM F2075-04 Sieve Analysis criteria - Meets ASTM F2075-04 Hazardous metal criteria - Meets ASTM F2075-04 Tramp metal criteria - Meets ASTM F1951-08 Accessibility criteria - Meets ASTM F1292-Test methods for G-Max threshold&Head injury criteria(HIC) benchmark - Resistant to flammability Installation procedure: 1. Review project plans and verify that playgiound equipment uses zones, clearances, and reach ranges that will comply with ASTM 148,7 sections 8, 9 and 14 1 - ys SECTION 2 — STATEMENT OF WORK ITB Number 15-0403 10, and with CAN/CSA-Z 614, sections 14 and 15, and with ASTM F2223 (ASTM Standards on Playground Surfacing) 2. The critical height of the applied mulch must equal or exceed the fall height of the playground equipment 3. For immediate accessibility, install wood carpet in 6" inch maximum layers Rake level, wet and mechanically compact each layer twice with a flat surface compactor Change direction 90 degrees on second compaction Product Warranty: 1 Submit manufacturer's product data, including warianty, maintenance and installation instructions, ASTM F1292, F1951 and F2075 test results, IPEMA certificates of compliance and samples. 2 Warranty shall cover engineered wood fiber playground surfacing for five (5) years. 3 Warranty shall cover playground surfacing wear mat for five(5)years Recommended Manufacturers of ADA Mulch: Zeager Bros Inc-4000 East Harrisburg Pike Middletown,Pennsylvania 17057 or equivalent Toll Free(800)346-8524 Zeager Hardwood Company,340 Steele Road Franklin,KY 42134 Toll Free(800)296-9227 15 SECTION 3-GENERAL TERMS AND CONDITIONS iTB Numbcr 15-0403 31 DEFINIPIONS may issue an addendum in response to any inquiry received,pnor Addenda A written change to a solicitation to bid opening, which changes, adds to, or clarifies the terms, Bid Shall refer to any offer(s)submitted in response to this iTB provisions,or requirements of the solicitation The bidder should Bidder Refers to any entity that submitted a bid under an iTB not rely on any statement or explanation whether wntten or verbal, Contract The agreement to perform the services set forth m this other than those made ui this solicitation document or in any solicitation The contract will be comprised of the solicitation addenda issued Where there appears to be a conflict between this document signed by both parties with any addenda and other solicitation and any addenda, the last addendum issued shall attachments specifically incorporated prevail It is the bidder's responsibility to ensure receipt and to Contractor The vendor to which award has been made acknowledge all addenda and any accompanying documentation County Shall refer to Lake County,florida Failure to acknowledge each addendum may prevent the bid from Invitation to Bid(ITB) Shall mean this solicitation document, being considered for award including any and all addenda An ITB contains well-defined D Contents of Solicitation and Bidders'Responsibilities terms,conditions,and specifications,and is awarded to the lowest it is the responsibility of the bidder to become thoroughly familiar priced responsive and responsible bidder with the requirements,terms,and conditions of this solicitation Modification A written change to a contract Stated unawareness of contractual terms and condmons will not be Responsible Refers to a bidder that has the capacity and accepted as a basis for varying the requirements of the County or capability to perform the work required under an Invitation to Bid, the amount to be paid to the vendor and is otherwise eligible for award E Restricted Discussions Responsive Refers to a bidder that has taken no exception or From the date of issuance of this solicitation until final County deviation from the terms,conditions,and specifications in an ITS action, vendors should not discuss the solicitation with any Solicitation The written document requesting either bids or employee,agent,or any other representative of the County except proposals from the marketplace as authorized by the designated procurement representative The Vendor A general reference to any entity responding to this only communications that shall be considered pertinent to this solicitation or performing under any resulting contract solicitation are written documents from the vendor addressed to the designated procurement representative and relevant documents The County has established that the words "shall", "must", or promulgated by the designated procurement representative "will" are equivalent within this ITB and indicate a mandatory F Change to,Withdrawal of,or Mistake In,Bid requirement which shall not be waived by the County Changes to Bid-Prior to bid opening,a bidder may change its bid 3 2 INSTRUCTIONS TO BIDDERS by submitting a new bid with notice on the fun's letterhead, A Bidder Qualification signed by an authorized agent, stating that the new submittal It is the policy of the County to encourage full and open replaces the original submittal The new submittal shall contain all competition among all available qualified vendors All vendors information as required for submitting the onginal bid regularly engaged in the type of work specified in the solicitation Withdrawal of Bid-A bid may be withdrawn,either physically or are encouraged to submit bids To be recommended for award the by written notice, at any time prior to the bid due date If County requires that vendors provide evidence of compliance with withdrawn by written notice,that notice must be addressed to,and the requirements below upon request received by,the designated procurement representative pnor to the 1 Disclosure of Employment bid due date and time A bid may also be withdrawn after 2 Disclosure of Ownership expiration of the specified bid acceptance period, and prior to 3 Drug-Free Workplace award, by submitting a letter to the designated procurement 4 W-9 and 8109 Forms—The vendor must furnish these forms representative The withdrawal letter must be on company upon request as required by the Internal Revenue Service letterhead and signed by an authorized agent of the bidder 5 Social Security Number—The vendor must provide a copy of Mistake in Bid-Any allegation of mistake in Bid shall be treated the primary owner's social security card if the social security on a case-by-case basis It is to be assumed that any alteration in number is being used in lieu of the Federal Identification bid price after receipt of bids will be exceptional in nature,and will Number(F E LN) be allowed only when substantiated by current legal precedence 6 Americans with Disabilities Act(ADA) G. Conflicts within the Solicitation 7 Conflict of interest Where there appears to be a conflict between contractual terms and 8. Debarment Disclosure Affidavit conditions,the technical specifications,the pricing section,or any 9 Nondiscrimination addendum issued,the order of precedence shall be last addendum 10. Family Leave issued,the pncmg section,the technical specifications,the special, 11 Antitrust Laws—By acceptance of any contract,the vendor and then general conditions It is incumbent upon the vendor to agrees to comply with all applicable antitrust laws identify such conflicts prior to the bid response date B Public Entity Crimes A Prompt Payment ferms Pursuant to Section 287133(2)(a)of the Florida Statutes,a person it is the policy of the County that payment for all purchases by or affiliate who has been placed on the convicted vendor list County agencies shall be made in a timely manner and that interest following a conviction fora public entity crime may not submit a payments will be made on late payments in accordance with Part bid on a y not to provide any goods or services to a public VI!,Chapter 218,Flonda Statutes,known as the Florida Prompt entity,stru not submit a bid on a contract with a public entity for Payment Act. The bidder mayoffer cash discounts for prompt the construction or repair of a public building or public work,may YmP p not submit bids on leases of real property to a public entity,may payments, however, such discounts will not be considered in not be awarded or perform as a contractor,supplier,subcontractor, determining the lowest price during bid evaluation Bidders arc or consultant under a contract with any public entity,and may not requested to provide prompt payment semis in the space provided transact business with any public entity in excess of the threshold on the signature page of the solicitation amount provided in Section 287 017 of the Florida Statutes,for 3 3 PREPARATION OF BIDS CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list A. The Pricing Section of this solicitation defines the goods or C. Request for AdditionalInformatlon services to be purchased, and must be completed and Any communication or inquiries,except for clarification of process submitted with the bid Use of any other form or alteration of or procedure already contained m the solicitation,are to be made in the form may result in the rejection of the bud writing to the attention of the procurement representative identified B The bid submitted must be legible, and completed using in the solicitation no later than five(5)working days pnor to the typewriter, computer or ink Any entry change must be bid due date Such inquiries shall contain the requester's name, crossed out and initialed in ink Failure to comply with these address,and telephone number The Procurement Services Office requirements may cause the bid to be rejected 16 1 4 1 l S9 A SECTION 3--GENERAL TERMS AND CONDITIONS ITB Number 15-0403 1 C An authonzed agent of the bidder's firm must sign the bid. Chapter 119 of the Florida Statutes(the"Public Record Act") The )AILURF TO SiGN THE BID MAY RENDER THE bidder should not submit any information which the bidder BiD NON-RESPONSIVE considers proprietary or confidential The submission of any D The bidder may be considered non-responsive if bids are information to the County m connection with any solicitation shall conditioned to modifications, changes, or revisions to the be deemed conclusively to be a waiver of any protection from terms and conditions of this solicitation release of the submitted information unless such information is E The bidder may submit alternate btd(s) for the same exempt or confidential under the Public Records Act solicitation provided that such offer is allowable under the 310 CANCELLATION OF SOLICITATION t terms and conditions The alternate bid must meet or exceed The County reserves the right to cancel,in whole or in part,any 1 the minimum requirements and be submitted as a separate bid invitation to Bid when it is in the best interest of the County marked"Alternate Bid" 3 11 AWARD F When there is a discrepancy between the unit prices and any A. Unless otherwise allowed by statute or ordinance,award will extended prices,the unit prices will prevail be made to the lowest priced responsive and responsible G Any bid received after the stipulated bid due date and time bidder The County reserves the nght to reject any and all through no fault of the County will be considered late,and bids,to waive non-material irregulanties or technicalities and except under the most exceptional circumstances, not be to re-advertise for all or any part of this solicitation as 1 considered for award deemed in its best interest The County shall be the sole 1 H Unless otherwise specified in the solicitation, prices quoted judge of its best interest shall be f O B Destination. B When there are multiple line items in a solicitation, the 3 4 COLLUSION County reserves the right to award on an individual item Where two (2) or more related parties, as defined herein, each basis, any combination of items, total low bid or in submit a bid for the same contract, or evidence any prior whichever manner deemed in the best interest of the County understanding,agreement,or connection m such regard,such bids This provision specifically supersedes any method of award shall be presumed to be collusive Related parties shall mean criteria stated in the solicitation when such action is clearly bidder or principals thereof that have a direct or indirect ownership necessary to protect the best interests of the County 1 interest in another bidder for the sante contract or in which a parent C The County reserves the right to reject any and all bids if it is 1 company or the principals thereof of one bidder have a direct or determined that pnces are excessive or determined to be indirect ownership interest in another bidder for the same contract unreasonable, or it is otherwise determined to be in the Bids found to be collusive shall be rejected Bidders which have County's best interest to do so been found to have engaged in collusion may be considered non- D The County reserves the right to negotiate prices with the low , responsible, and may be suspended or debarred Any contract bidder,provided that the scope of work is not amended j resulting from collusive bidding may be terminated for default. firms E Award will only be made to that satisfy all legal j 3 5 PROHIBITION AGAINST CONTINGENT FEES requirements to do business with the County The County The vendor warrants that they have not employed or retained any may conduct a pre-award inspection of the bidder's site or company or person, other than a bona fide employee working conduct a pre-award qualification meeting to determine the t solely for the vendor to solicit or secure the contract and that they responsibility and capacity of the bidder to perform Award I have not paid or agreed to pay any person,company,corporation, may be predicated on compliance with and submittal of all I Individual,or firm,other than a bona fide employee working solely required documents as stipulated m the solicitation i for the vendor,any consideration contingent upon or resulting from F The bidder's performance as prime or subcontractor on I the award or making of the contract previous County contracts shall be taken into account in 1 3 6 CONTRACTING WITH COUNTY EMPLOYEES evaluating the responsibility of a responding bidder Any County employee or member of his or her immediate family G All tie bids will be resolved in consonance with current seeking to contract with the County shall seek a conflict of interest written procedure in that regard opinion from the County Attorney pnor to submittal of a response H A vendor wishing to protest any award decision resulting from to contract with the County The affected employee shall disclose this solicitation shall do as provided for in the County's the employee's assigned function within the County and interest or Purchasing Procedure Manual the interest of his or her immediate family in the proposed contract 312 GENERAL.CONTRACT CONDITIONS and the nature of the intended contract flee contract shall be binding upon and shall inure to the benefit of 3 7 INCURRED 1sXPENSFS each of the parties and of their respective successors and permitted This solicitation does not commit the County to award nor be assigns The contract may not be amended,released,discharged, responsible for any cost or expense which may be incurred by any rescinded or abandoned, except by a written instrument duly bidder in preparing or submitting a bid,or any cast or expense executed by each of the parties hereto The failure of any party incurred prior to the execution of a purchase order or contract. By hereto at any time to enforce any of the provisions of the contract submitting a bid,the bidder also agrees that the County bears no will in no way constitute or be construed as a waiver of such responsibility for any costs of the bidder associated with any provision or of any other provision hereof,nor in any way affect administrative or judicial proceedings resulting from this the validity of,or the right thereafter to enforce,each and every solicitation process provision of the contract Any dispute arising during the course of 3 8 COUNTY IS TAX-EXEMPT contract performance that is not readily rectified by coordination When purchasing on a direct basis,the County is generally exempt between the vendor and the County user department shall be from Federal Excise Taxes and all State of Florida sales and use referred to Procurement Services office for resolution taxes The County will provide an exemption certificate upon 3 13 OTHER AGENCIES request by the seller for such purchases Except for item(s) With the consent of the vendor, other agencies may make specifically identified by the vendor and accepted by the County purchases in accordance with the contract Such purchases shall be for direct County purchase under the Sales Tax Recovery Program, governed by the same teens and conditions as stated herein with contractors doing business with the County are not exempt from the exception of the change in agency name paying sales tax to their suppliers for materials needed to fulfill 314 CONTRACT EXTENSION contractual obligations with the County, nor is any vendor The County has the unilateral option to extend a contract for up to authorized to use the County Tax Exemptions for such purchases ninety(90)calendar days beyond the current contract period in 3 9 PROPRIETARY/CONFIDENTIAL INFORMATION such event,the County will notify the vendor(s)in writing of such Bidders are hereby notified that all information submitted as part extensions The contract may be extended beyond the initial of a bid will be available for public inspection in compliance with ninety(90) day extension upon mutual agreement between the 17 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Number 15-0403 County and the vendor(s) Exercise of the above options requires including attorney's fees and costs of defense,which the County or 1 the prior approval of the Procurement Services Manager its officers,employees,agents or instrumentalities may incur as a 315 WARRANTY result of claims,demands,suits,causes of actions or proceedings All warranties express and implied,shall be made available to the of any kind or nature arising out of,relating to or resulting from County for goods and services covered by this solicitation. All the performance of the agreement by the vendor or its employees, 1 goads furnished shall be fully guaranteed by the vendor against agents,servants,partners,principals or subcontractors The vendor 4 factory defects and workmanship At no expense to the County, shall pay all claims and losses in connection therewith,and shall the vendor shall correct any and all apparent and latent defects that investigate and defend all claims,suits or actions of any fund or may occur within the manufacturer's standard warranty period nature in the name of the County, where applicable, including The special conditions of the solicitation may supersede the appellate proceedings, and shall pay all costs, judgments, and manufacturer's standard warranty attorney's fees which may be incurred thereon The vendor 316 EST iMATED QUANTITIES expressly understands and agrees that any insurance protection Estimated quantities or dollars are for bidder's guidance only No required by this Agreement or otherwise provided by the vendor guarantee is expressed or implied as to quantities or dollar value shall in no way limit the responsibility to indemnify,keep and save that will be used during the contract period The County is not harmless and defend the County or its officers,employees,agents obligated to place any order for a given amount subsequent to the and instrumentalities as herein provided award of this solicitation The County may use estimated 3 24 MODIFICATION OF CONTRACT quantities in the award evaluation process Estimated quantities do Any contract resulting from this solicitation may be modified by not contemplate or include possible additional quantities that may mutual consent of duly authorized parties, in writing through the be ordered by other entities that may utilize this contract In no issuance of a modification to the contract and/or purchase order as event shall the County be liable for payments in excess of the appropriate This presumes the modification itself is in compliance amount due for quantities of goods or services actually ordered with all applicable County procedures 317 NON-EXCLUSIVITY 3 25 TERMINATION FOR CONVENIENCE It is the intent of the County to enter into an agreement that will The County,at its sole discretion,reserves the right to terminate satisfy its needs as described within this solicitation However,the this contract upon thirty(30)days written notice Upon receipt of County reserves the right to perform,or cause to be performed,all such notice,the vendor shall not incur any additional costs under or any of the work and services herein described in the manner this contract The County shall be liable only for reasonable costs deemed to represent its best interests In no case will the County incurred by the vendor prior to notice of termination. The County be liable for billings in excess of the quantity of goods or services shall be the sole judge of"reasonable costs" actually provided under this contract 3 26 TERMINATION DUE TO UNAVAILABILITY OF 318 CONTINUATION OF WORK CONTINUING FUNDING Any work that commences prior to,and will extend,beyond the When funds are not appropriated or otherwise made available to expiration date of the current contract period shall, unless support continuation of performance in a current or subsequent terminated by mutual written agreement between the County and fiscal year,the contract shall be cancelled and the vendor shall be the vendor,continue until completion without change to the then reimbursed for the reasonable value of any non-recumng costs current prices,terms and conditions incurred amortized in the pnce of the supplies or services/tasks 319 LAWS,RULES,REGULATIONS AND LICENSES delivered under the contract The vendor shall comply with all federal,state,and local laws and 3 27 TERMINATION FOR DEFAULT regulations applicable to provision of the goods and/or services The County reserves the right to terminate this contract,in part or specified in this solicitation During the term of the contract the in whole, or effect other appropriate remedy in the event the vendor assures that it is in compliance with Title VII of the 1964 vendor fails to perform in accordance with the terms and Civil Rights Act,as amended,and the Florida Civil Rights Act of conditions stated herein The County further reserves the right to 1992,in that the vendor does not on the grounds of race,color, suspend or debar the vendor in accordance with the County national origin, religion, sex, age, disability or marital status, ordinances,resolutions and/or administrative orders The vendor discrimination in any form or manner against the end/or employees will be notified by letter of the County's intent to terminate In the or applicants for employment The vendor understands that any event of termination for default, the County may procure the contract is conditioned upon the veracity of this statement required goods and/or services from any source and use any 3 20 SUBCONTRACTING method deemed in its best interest. All re-procurement cost shall Unless otherwise stipulated herein, the vendor shall not be borne by the vendor subcontract any portion of the work without the prior written 318 FRAUD AND MiSREPRESENTATION consent of the County Subcontracting without the pnor consent of Any individual,corporation or other entity that attempts to meet its the County may result in termination of the contract for default contractual obligations through fraud, misrepresentation or 3 21 ASSIGNMENT material misstatement,may be debarred for up to five(5)years The vendor shall not assign or transfer any contract resulting from The County as a further sanction may terminate or cancel any other this solicitation,includmg any rights,title or interest therein,or its contracts with such individual, corporation or entity with such power to execute such contract to any person, company or vendor held responsible for all direct or indirect costs associated corporation without the prior written consent of the County This with termination or cancellation,including attorney's fees provision specifically includes any acquisition or hostile takeover 3 29 RIGHT TO AUDIT of the awarded vendor Failure to comply'in this regards may The County reserves the right to require the vendor to submit to an result in termination of the contract for default audit by any auditor of the County's choosing The Contractor 3 22 RESPONSIBILITY AS EMPLOYER shall provide access to all of its records,which relate directly or The employee(s)of the vendor shall be considered at all times its indirectly to this Agreement at its place of business during regular employee(s),and not an employee(s)or agent(s)of the County, business hours The vendor shall retain all records pertaining to The contractor shall provide employee(s)capable of performing tlus Agreement and upon request make them available to the the work as required The County may require the contractor to County for a minimum of three(3)years,or as required by Florida remove any employee it deems unacceptable All employees of law,whichever is longer,following expiration of the Agreement the contractor may be required to wear appropnate identification The vendor agrees to provide such assistance as may be necessary 3 23 INDEMNIFICATION to facilitate the review or audit by the County to ensure compliance To the extent permitted by law,the vendor shall indemnify and with applicable accounting and financial standards Additionally, hold harmless the County and its officers,employees,agents and CONTRACTOR agrees to include the requirements of this instrumentalities from any and all liability, losses or damages, provision in all contracts with subcontractors and material 18 SECTION 3—GENERAL TERMS AM)CONDITIONS ITB Number 15-0403 suppliers in connection with the work performed hereunder If an the contract no change in subcontractors will be made without the audit inspection or examination pursuant to this section discloses consent of the County the vendor shall be responsible for all overpricing or overcharges of any nature by the CONTRACTOR insurance, permits, licenses and related matters for any and all to the COUNTY in excess of one percent(I%)of the total contract subcontractors Even if the subcontractor is self-insured, the billings,in addition to making adjustments for the overcharges,the County may require the contractor to provide any insurance reasonable actual cost of the COUNTY's audit shall be reimbursed certificates required by the work to be performed to the COUNTY by the CONTRACTOR Any adjustments and/or 3.34 FORCE MAJFURE payments which must be made as a result of any such audit or The parties will exercise every reasonable effort to meet their inspection of the CONTRACTOR's invoices and/or records shall respective obligations hereunder,but shall not be liable for delays be made within a reasonable amount of tune,but in no event shall resulting from force majeure or other causes beyond their the time exceed ninety (90) days, from presentation of the reasonable control,including but not limited to,compliance with COUNTY's audit findings to the CONTRACTOR revisions to Government law or regulation,acts of nature,acts or 3 30 PUBLIC RECORDS/COPYRIGHTS omissions of the other party,fires,stnkes,national disasters,wars, Pursuant to Section 119 0701, Florida Statutes, the awarded riots,transportation problems and/or any other cause whatsoever contractor shall comply with the Florida Public Records'laws,and beyond the reasonable control of the parties Any such cause may shall I Keep and maintain public records that ordinarily and be cause for appropriate extension of the performance period necessarily would be required by the County in order to perform 3 35 NO CLAIM FOR DAMAGES the services identified herein 2 Provide the public with access to No claim for damages or any claim other than for an extension of public records on the same terms and conditions that the County time shall be made or asserted against the County because of any would provide the records and at a cost that does not exceed the delays No interruption,interference,inefficiency,suspension,or cost provided for by law 3 Ensure that public records that are delay in the commencement or progress of the Work shall relieve exempt or confidential and exempt from public records disclosure the vendor of duty to perform,or give rise to any right to damages requirements are not disclosed except as authorized by law 4 or additional compensation from the County The vendor's sole Meet all requirements for retaining public records and transfer,at remedy shall be the right to seek an extension to the contract tune no cost, to the County all public records in possession of the However,this provision shall not preclude recovery of damages by contractor upon termination of the contract and destroy any the vendor for hindrances or delays due solely to fraud,bad faith, duplicate public records that arc exempt or confidential and or active interference on the part of the County exempt from public records disclosure requirements All records 3.36 TRUTH IN NEGOTIATION CERTIFICATE stored electronically must be provided to the County in a format For each contract that exceeds One Hundred Ninety Five Thousand that is compatible with the information technology systems of the dollars($195,000 00),any organization awarded a contract must County Failure to comply with this section shall be deemed a execute a truth-in-negotiation certificate stating that the wage rates breach of the contact and enforceable as set forth in Section and other factual unit costs are accurate,complete,and current,at 119 0701,Florida Statutes the time of contracting Any contract requiring this certificate shall Any copynght derived from this Agreement shall belong to the contain a provision that the onginal contract price and any author The author and the CONSULTANT shall expressly assign additions shall be adjusted to exclude any significant sums by to the COUNTY nonexclusive,royalty free rights to use any and which the County determines the contract price was increased due all information provided by the CONSULTANT in any deliverable to inaccurate, incomplete, or non-current wage rates and other and/or report for the COUNTY's use which may include factual unit costs All such contract adjustments shall be made publishing in COUNTY documents and distribution as the within one(I)year following the end of the contract COUNTY deems to be in the COUNTY's best interests If 3 37 GRANT FUNDING anything included in any deliverable limits the rights of the In the event any part of the contract is to be funded by federal, COUNTY to use the information, the deliverable shall be state,or other local agency monies,the vendor hereby agrees to considered defective and not acceptable and the CONSULTANT comply with all requirements of the funding entity applicable to will not be eligible for any compensation the use of the monies,including full application of requirements 3 31 GOVERNING LAWS involving the use of minority firms,women's business enterprises, The interpretation,effect,and validity of any contract(s)resulting and labor surplus area firms Vendors are advised that payments from this solicitation shall be governed by the laws and regulations under the contract may be withheld pending completion and of the State of rlonda,and Lake County,Florida Venue of any submission of all required forms and documents required of the court action shall be in Lake County,Florida In the event that a vendor pursuant to the grant funding requirements suit is brought for the enforcement of any term of the contract,or 3 38 TOBACCO PRODUCTS any right arising there from, the parties expressly waive their Due to the acknowledged hazards arising from exposure to tobacco respective rights to have such action tried by jury trial and hereby products,and to protect the public and employees'health,safety, consent to the use of non jury trial for the adjudication of such suit comfort and environment,tobacco use is prohibited on any County 3.32 Si ATE REGISTRATION REQUIREMENTS owned building and property Tobacco products include both Any corporation submitting a bid in response to this ITB shall smoking and smokeless tobacco either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607,Honda Statutes A copy of the registration/application may be required prior to award of a contract Any partnership submitting a bid in response to this I1B shall have complied with the applicable provisions of Chapter 620, Flonda Statutes For additional information on these requirements, please contact the Florida Secretary of Slate's Office, Division of Corporations, 800 755 5111(http./Avwwv.dos.state.fl.ut) 3 33 PRIME CONTRACTOR The vendor awarded the contract shall act as the prime contractor and shall assume full responsibility for successful performance of the contract The vendor shall be considered the sole point of contact with regard to meeting all requirements of the contract All subcontractors will be subject to advance review by the County in regards to competency and security concerns After the award of 19 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number 15-0403 ITB TITLE: Furnish and Installation of ADA Playground Mulch NOTES • When purchasing on a direct basis, Lake County is exempt from all taxes(Federal, State, Local) A Tax Exemption Certificate will be furnished upon request for such purchases However,the vendor will be responsible for payment of taxes on all materials purchased by the vendor for incorporation into the project(see provision 3.8 for further detail). • The vendor shall not alter or amend any of the information(including,but not limited to stated units of measure, item description,or quantity)stated in the Pricing Section If any quantities are stated in the pricing section as being "estimated" quantities, vendors are advised to review the "Estimated Quantities"clause contained in Section 3 of this solicitation • Any bid containing a modifying of "escalator" clause not specifically allowed for under the solicitation will not be considered • All pricing shall be FOB Destination unless otherwise specified in this solicitation document • All pricing submitted shall remain valid for a 90 day period By signing and submitting a response to this solicitation,the vendor has specifically agreed to this condition • Vendors are advised to visit our website at httn://www.lakecountvfl Qov and register as a potential vendor. Vendors that have registered on-line receive an e-mail notice when the County issues a solicitation matching the commodity codes selected by a vendor during the registration process. ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS:Complete Part I or Part II,whichever applies Part I: The bidder must list below the dates of issue for each addendum received in connection with this ITB Addendum#1,Dated Addendum#2,Dated Addendum#3,Dated Addendum#4,Dated Part II: ❑ No Addendum was received in connection with this ITB 20 EXHIBIT B SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES ITB Number 15-0403 I PRICING SECTION This is an indefinite quantity contract with no guarantee services will be required The County does not guarantee a minimum or a maximum dollar amount to be expended on any contract(s) resulting from this Invitation to Bid(ITB) Pnces and payments will be full compensation for all work specified in Section 2, Scope of Services, including furnishing, placing and spreading of mulch Vis=:,-3.3�rs-i�tr .� -,.�t,r� -C<x�y *��"'<G�' _' za- i r4,:�T��A�'�c, _ �.a�:.S,�'�z.F`_.--tea-= xx 7� r 4 U 4 ".W- . %;-..-k--,414-01—;--- 4,-,A __-.T.-�°a,,- `-y� i" -,1.44„,.. t;"� r +'`` , ,44 ta- ,.-Z 1-r, ,c'fl .' ., ;ti, 4 -,0. s Furnish and Install ADA Cubic 1 100 Mulch at Astor Lions Park Yard $28 45 $2845 0.0 Furnish and Install ADA Cubic 2 Mulch at East Lake 300 Community Park Yard $28 45 $8535 00 3 Furnish and Install ADA Cubic 100 Mulch at Ferndale Preserve Yard $28 45 $2845 00 Furnish and Install ADA Cubic 4 Mulch at Minneola Athletic 100 Yard $28 45 $2845 00 Complex 5 Furnish and Install ADA Cubic 100 Mulch at Lake Idamere Park Yard $28 45 $2845 00 Furnish and Install ADA Cubic 6 Mulch at Lake Jem Park& 150 Boat Ramp Yard $28 45 $4276 50 Furnish and Install ADA Cubic 50 Mulch at Lake Mack Park Yard $28 45 $1422 50 Furnish and install ADA Cubic 8 Mulch at Marsh Park&Boat 50 Yard $28 45 $1422 50 Ramp Furnish and Install ADA Cubic 9 Mulch at McTureous 100 Memorial Park Yard $28 45 $2845 00 10 Furnish and Install ADA Cubic SO Mulch at Mt.Plymouth Park Yard $28 45 $1422 50 Fm Hush and Install ADA Cubic 11 Mulch at North Lake 400 Community Park Yard $28 45 $11380 00 Furnish and Install ADA Cubic 12 Mulch at Paisley Community 100 Park Yard $28 45 $2845 00 Furnish and Install ADA Cubic 13 Mulch at Palatlakaha River Yard 50 Park&BR $28 45 $1422 50 14 Furnish and Install ADA Cubic 100 Mulch at PEAR Park Yard $28 45 $2845 00 21 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES 1TB Number 15-0403 15 Furnish and Install ADA Cubic 150 Mulch at Pine Forest Park Yard $28 45 $4276 50 16 Furnish and Install ADA Cubic 50 Mulch at Scott Park Yard $28 45 $1422 50 Furnish and Install ADA Cubic 17 200 Mulch at Sorrento Park Yard $28 45 $5690 00 Furnish and Install ADA Cubic 18 Mulch at 80 Twin Lakes Park Yard $28 45 $2276 00 Furnish and Install ADA Cubic 19 Mulch 30 At South Umatilla Park Yard $28 45 $853 50 Furnish and Install ADA Cubic 20 Mulch 30 At South Lake Regional Park Yard $28 45 $853 50 Total Bid $65168 50 Vendor confirms that it meets all qualifying criteria stated in the Scope of Services and has attached proof Yes x No Vendor confirms that it will provide the brand of mulch specified Yes x No If no, state brand name 22 I 1 SECTION 4—PRICING/CERTIFICATIONS!SIGNATURES ITB Number 15-0403 By Signing this Bid the Bidder Attests and Certifies that: • It satisfies all legal regwrements(as an entity)to do business with the County • The undersigned vendor acknowledges that award of a contract may be contingent upon a determination by the County that the vendor has the capacity and capability to successfully perform the contract • The bidder hereby certifies that it understands all regwrements of this solicitation, and that the undersigned individual is duly authorized to execute this bid document and any contract(s)and/or other transactions required by award of this solicitation. Purchasmg Agreements with Other Government Agencies This section is optional and will not affect contract award If Lake County awarded you the proposed contract, would you sell under the same terms and conditions,for the same pnce,to other governmental agencies in the State of Florida? Each governmental agency desiring to accept to utihze this contract shall be responsible for its own purchases and shall be liable only for materials or services ordered and received by it 0 Yes ❑ No(Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive performing eqwvalent duties, of the bidding entity been convicted of a felony dunng the past ten(10)years? ❑Yes ❑✓ No(Check one) Reciprocal Vendor Prefer ence: Vendors are advised the County has established,under Lake County Code, Chapter 2, Article VII, Sections 2-221 and 2-222,a process under winch a local vendor preference program applied by another county may be applied in a reciprocal manner within Lake County The following information is needed to support application of the Code 1 Primary business location of the responding vendor(city/state) Oakland,FI 2 Does the responding vendor maintain a significant physical location in Lake County at which employees are located and business is regularly transacted Q Yes 0 No If"yes" is checked, provide supporting detail 13851 Louisa Ct Clermont, Fl 34711 Conflict of Interest Disclosure Certification Except as listed below,no employee,officer,or agent of the firm has any conflicts of interest,real or apparent,due to ownership, other clients, contracts, or interests associated with this project, and, this bid is made without pnor understanding, agreement, or connection with any corporation, firm,or person submitting a proposal for the same services,and is in all respects fair and without collusion or fraud DUNS Number(Insert if this action involves a federal funded project) General Vendor Information and Bid Signature: Firm Name IMulchtl Inc Street Address: 210 Tubbs St #569 Oakland, Fl 34760 Mailing Address Of different) Telephone No 407-490-9799 Fax No E-mail srimulchtl@gmail corn FEIN No - 251 72 Prompt Payment Terms na % days, net Signature �v I v Date 10-06-2014 Print Name Steven Richards Title V P Award of Contract by the County:(Official Use Only) By signature below,the County confirms award to the above-identified vendor under the above identified solicitation A separate purchase order will be generated by the County to support the contract Vendor awarded as: 56 Sole vendor 0 Pm-qualified pool vendor based on pnce ❑ Pre-qualified pool vendor(spot bid) 0 Primary vendor for items ❑Secondary vendor for items 0 O er status Signature of authonzed County official Date (I-t sS- f Li Pnnted name . -rte f� t� Title -}f'z.c..--firm 0 GC�/- 23