Site work and paving for a road / highway in Gainesville, Florida. Completed plans call for site work for a road / highway; and for paving for a road / highway.

for the purpose of selecting a contractor to furnish all labor, materials, equipment and apparatus for the construction of: ITB 24-488-LC: NW/NE 53rd Avenue Resurfacing from US Highway 441 to State Road 24 Project #919-7907 Question Submission Deadline June 16, 2024, 12:01am Every request for such interpretation shall be made in writing, via the question and answer. All work shall be done in accordance with the Bid Instructions and Capital Construction Agreement No. 14226 known as the Invitation to BID (ITB). The County posts and distributes information pertaining to its procurement solicitations on the public portal https://secure.procurenow.com/portal/alachuacounty. In order to submit a proposal response to this solicitation the consultant must be registered on Alachua County's Public Portal. Alachua County has adopted a 15% participation goal and policies which encourage participation of Small Business Enterprises (SBE) in the provision goods, services and construction. If you have a disability and need an accommodation in order to participate, contact the Alachua County ADA Coordinator at ADA@alachuacounty.us or Equal Opportunity Office at 352-374-5275 at least 7 business days prior to the deadline. If you are unable to notify the Equal Opportunity Office prior to the deadline, please contact Alachua County Procurement for assistance at 352-374.5202. TDD/TTY users, please call 711 (Florida Relay Service). In accordance with the Provisions of the ADA, this document may be requested in an alternate format. 3. Instruction to Bidders 3.1. Introduction The herein included sections along with Advertisement for Bids , Instruction to Bidders, Terms and Conditions , Insurance , Scope of Work, Submittals and the Construction Contract #14226, together with all attached Attachments herein identified, constitute the entire bid package. 3.2. Submission of ITB The County posts and distributes information pertaining to its procurement solicitations on the County Public Portal. In order to submit a bid response to this solicitation the consultant must be registered with the County's Public Portal. Costs for the preparation and submittal of bids in response to this Invitation to Bid are entirely the obligation of the bidder and shall not be chargeable in any manner to Alachua County. The bid response, containing all required documents, must be received by 2:00 pm on Wednesday, June 26, 2024. The bidder's submittal must be completed in the Public Portal prior to the 2:00 pm deadline. Any required uploaded documents should be done in PDF format and be labeled correctly, unless the solicitation states otherwise. The pdf document should be titled with bidder's name, bid number, and if the response is submitted in parts, include "Part # of x". THE COUNTY and the PUBLIC PORTAL PLATFORM WILL NOT ACCEPT LATE SUBMITTALS Any bid not withdrawn will constitute an irrevocable offer, for a period of one hundred and twenty (120) days, to provide the County adequate time to award the Contract for the services or products specified in this solicitation. Additional pricing information cannot be added. The submittal of an ITB by a bidder will be considered by the County as constituting an offer by the bidder to perform the required services at the stated fees. Bidders are expected to examine the specifications, drawings, and all special and general conditions. Failure to do so will be at the bidder's risk. Bidders shall furnish the information required by the ITB. Unit price for each unit offered shall be shown, and such price shall include packing and shipping unless otherwise specified. In case of discrepancy between the unit price and extended price, the unit price will be presumed correct. All or None bids will not be considered unless specifically requested in the ITB. The bidders must state a definite time for delivery of supplies or performance of services. The bidder should retain a copy of all bid documents for future reference. All bids should be submitted with the firm name and by an officer or employee having authority to bind the company or firm. 3.3. Withdrawal of Invitation to Bid Modifications to or withdrawal of a bidder's submittal can be made up to the deadline date. Modifications and withdrawals must be documented in the Public Portal in order to be recognized by the County. Any Bidder may withdraw their Bid, either personally, electronically, or written request, at any time prior to the scheduled closing time for receipt of Bids. Any bid not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the County adequate time to award the Contract/PO for the services or product specified in this solicitation. 3.4. Addenda and Notices - Question and Answers No interpretation of the bid will be made to any interested bidder orally. Every request for such interpretation shall be made in writing, via the question and answer tab. Any interpretation to a Bidder will be made only by addendum; duly issued, and a copy of such addendum will be posted to the Public Portal. Oral answers will not be authoritative. All addenda so issued shall become part of the bid documents. Addenda Notification: Bidders are required to register for an account via the County's e-Procurement Public Portal. Once bidder has completed registration, you will receive addenda notifications to your email by clicking "Follow" on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://secure.procurenow.com/portal/alachuacounty. Failure to receive or review an addenda or notice by the Bidder is not the fault of the County or County Staff. 3.5. Acceptance/Rejection Alachua County Procurement reserves the right to reject any bid which may be considered irregular, show serious omission, unauthorized alteration of form, unauthorized alternate bids, incomplete or unbalanced bids or irregularities of any kind. Further, the County reserves the right to accept or reject any and all bids in whole or in part and to waive any technicalities or informalities in any bid. Bid forms may be considered irregular and subject to rejection if they show serious omission, unauthorized alteration of form, unauthorized alternate bids, incomplete or unbalanced bids or irregularities of any kind. Alachua County Procurement reserves the right to accept or reject any or all Bids in whole or in part, with or without cause, to waive technicalities, or to accept bids or portions thereof which, in the County's judgment, best serve the interests of the County, or to award a contract to the next most qualified Consultant if a selected Consultant does not execute a contract within thirty (30) days after the award of the bid. The County may allow alterations, modifications, or revisions to individual elements of the successful bid at any time during the period of the contract which results from this Bid. The thirty-day (30) time period may be extended an additional twenty (20) days where the selected Consultant is unavailable during the initial thirty-day period. 3.6. Electronic Signatures The Parties agree that an electronic version of the submitted bid shall have the same legal effect and enforceability as a paper version. The Parties further agree that the Electronic Submittal, regardless of whether in electronic or paper form, may be executed by use of electronic signatures. Electronic signatures shall have the same legal effect and enforceability as manually written signatures. The County shall determine the means and methods by which electronic signatures may be used to execute an Agreement with the awarded vendor and shall provide the awarded vendor with instructions on how to use said method. Delivery of this Agreement or any other document contemplated hereby bearing an manually written or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in "portable document format" (".pdf") form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature. 3.7. Confidential Information Responses to this proposal/bid receipt by the County become public records subject to the provisions of Chapter 119 F.S., Florida's Public Records Law. If you believe that any portion or all of your response is exempt from public records disclosure because it constitutes a trade secret or proprietary confidential business information under Florida Law, or is otherwise exempt from disclosure as a Public Record, you should clearly assert such exemption and state the specific legal authority for the asserted exemption. All material that is designated as exempt from Chapter 119 must be submitted in in the Vendor Questionnaire Section, clearly identified as "PUBLIC RECORDS EXEMPT". Furthermore, you must complete all of the Proprietary Information subsection found in the Submittals section. Please be aware that the designation of an item as exempt from disclosure as a Public Record may be challenged in court by any person. By your designation of material in your bid proposal as "Public Records Exempt", you agree to defend and hold harmless the County from any claims, judgments, damages, costs, and attorney's fees and costs of the challenger and for costs and attorney's fees incurred by the County by reason of any legal action challenging your designation. 3.8. Small Business Enterprise (SBE) Program Participation SBE Vendor is a vendor that is certified by the Alachua County Equal Opportunity Division prior to the bid opening, Option 1. The SBE Program Participation Form, Submittals Alachua County has adopted a 15% participation goal, and policies which encourage participation of SBE in the provision of materials, supplies (i.e. office, auto, janitor, lawn, etc.) equipment, services and construction. The County will award a price preference to certified SBE vendor or contractors that meet the SBE participation goal in its response. The County will award a five-percent bid price preference, not to exceed $50,000 on a single bid, to any certified SBE that submits a bid. The County will award a three-percent bid price preference, not to exceed $50,000 on any single bid, to any Contractor that agrees to use certified SBE for at least 15 percent of the dollar value of the bid. SBE preference does not apply to contracts that are reserved in accordance with Section 22.11-205, Alachua County Procurement Code, in which the County reserved contracts for bidding only by SBEs. SBE bid preferences will not be combined Proposed SBE-Subcontractors Requirements Contractors submitting bids under this solicitation are to identify, on the SBE Program Participation Form, the intended SBE subcontractors and the estimated percentage of total dollar amount(s) as well as the total dollar amount(s) of the contract to be awarded to SBE firms, Submittals, Option 3. If SBE subcontractors are not available for the bid/RFP you should complete a Good Faith Effort Form, Submittals, Option 4. Good Faith Effort Requirements: Every competitive bid if not submitted by a certified Small Business Enterprise (SBE), should demonstrate good faith efforts to utilize SBE as subcontractors. Unless your company will perform all the work and no subcontractors will be utilized Submittals, Option 2. The Equal Opportunity Division maintains a directory of certified SBE's. The Alachua County Small Business Enterprise Directory is available at: http://smallbusdir.alachuacounty.us/ The Equal Opportunity Division shall determine what constitutes a "good faith effort" for purposes of contractor compliance with contractual requirements relating to the use of services or commodities of a certified SBE's, under Section 22.11-207, Alachua County Procurement Code. The following factors shall be considered in making such determination: Whether the Contractor contacted SBEs listed in the Alachua County Small Business Enterprise Directory concerning contracting opportunities and provided them with adequate information about the plans, specifications and requirements of the contract. Whether the Contractor negotiated in good faith with interested SBEs, not rejecting them as unqualified without sound reasons based on a thorough review of their capabilities. Whether the Contractor selected portions of the work to be performed by SBEs in order to increase the likelihood of meeting the 15% participation goal, including breaking the contract down into economically-feasible units. The Contractor will be expected to furnish documents substantiating compliance with good faith effort requirements, Submittals. 3.9. Alachua County Government Minimum Wage (GMW) Services solicited through this Bid are considered covered services under Chapter 22, Article 12, of the Alachua County Procurement Code ("Alachua County Government Minimum Wage") which establishes a government minimum wage for certain contractors and subcontractors providing selected services to Alachua County government. Bidders/Proposers should consider the cost of compliance, if any, when submitting bids. The contractor shall certify via Submittals it will pay each of its covered employees the GMW, and ensure that it will require that of its subcontractors. 3.10. Drug Free Workplace Florida Statute, Section 287.087 states that whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. A vendor certifying a drug-free workplace shall complete the Submittals. 3.11. Proposed Subcontractors NON-SBE Bidder shall notify the County of the proposed use of subcontractors in the provision of services required herein by completing and returning the Proposed Subcontractors located in the Submittals section. No subcontractor shall be employed by the Contractor for the provision of these services without the written approval of the County. With the Bid Proposal, the successful Bidder will have submitted to the County and the County Engineer for acceptance, a list of the names of proposed Subcontractors and suppliers. Prior to the execution and delivery of the Agreement, the County Engineer will notify the successful Bidder in writing if either the County or the County Engineer, after due investigation, has reasonable objection to any Subcontractor, person or organization on such list. The failure of the County or the County Engineer to make objection to any Subcontractor, person or organization on the list prior to the execution and delivery of the Agreement shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the County or the County Engineer to reject Work, material or equipment that is either defective or not in conformance with the requirements of the Contract Documents. If, prior to the execution and delivery of the Agreement, the County or the County Engineer has reasonable objection to and refuses to accept any Subcontractor, person or organization on such list, the successful Bidder may, prior to such execution and delivery, either (i) submit an acceptable substitute without an increase in their Bid price, or (ii) withdraw their Bid and forfeit any Bid security. If, after the execution and delivery of the Agreement, the County or the County Engineer refuses to accept any Subcontractor, person or organization on such list, the Contractor will submit an acceptable substitute, the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued. No such increase in the Contract Price shall be allowed if the disputed Subcontractor was not identified on the Subcontractor list submitted prior to award of the Contract. The Contractor will not employ any Subcontractor (whether initially or as a substitute) against whom the County or the County Engineer may have reasonable objection, nor will the Contractor be required to employ any Subcontractor against whom he has reasonable objection. The Contractor will not make any substitution for any Subcontractor who has been accepted by the County and the County Engineer, prior to written concurrence by the County Engineer. 3.12. Term of Contract The initial term of the Agreement will be from the date of execution until the Work is completed as required by the Notice to Proceed (NTP) found in the Draft Agreement and be completed by the date specified in the NTP unless amended or terminated as provided in the agreement 3.13. Time for the Completion of the Work Project Schedule: Timeliness is of the essence for this project. The expected timeline for this project is as follows: Bid Opening: Wednesday, June 26, 2024 Anticipated Contract Approval: Within 120 Days of Bid Opening Date. Pre-construction Conference and Notice-to-Proceed: Two weeks after the award of the contract. Substantial Completion: 120 Days Final Completion: 30 Days Liquidated Damages: $1906.05 The actual dates may vary; however, the contractor should expect that a pre-construction conference will be held approximately two weeks after the award of the contract and that a notice-to-proceed shall be issued at that time. Upon submittal vendor agrees to commence work as set forth in the Project Schedule and if the contractor fails to complete the work in the specified time, the contractor agrees to pay the County liquidated damages as provided in the Project Schedule. 3.14. Estimated Quantities The estimated quantities of Work to be done and materials to be furnished under this Contract, given in the bid form, shall be considered as approximate only and shall be used solely for the comparison of Bids received. The County does not guarantee that the quantities represented will be the actual quantities required for completion of the contract, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location or other conditions pertaining to the Work. Payment to the Contractor shall be made only for the actual quantities of Work performed or materials furnished in accordance with the plans and other Contract Documents, and it is understood that the quantities may be increased or decreased as provided in the General Conditions without invalidating any of the unit or lump sum prices bid. 3.15. F. O. B. Destination - Performance Time Unless otherwise specified in the ITB, all prices offered by the bidder must be F.O.B. Destination, inside delivery, with all delivery costs included in the bid price. Specific destination is indicated in the ITB. Failure to do so may cause rejection of the bid. All material and parts shall be quoted F.O.B. destination, at the job site. The performance time may be a factor in the evaluation of the bid. It is to be emphasized that the meeting of specified performance schedules is a significant part of ability to perform and that failure to meet such schedule may result in termination of the contract and will surely be considered in the evaluation of future bid. 3.16. Qualification of Bidders Consideration: Bids will be considered only from firms normally engaged in providing and performing services specified herein. Bidders shall be required to show that they have had experience in construction work of the same or similar nature and that their organization has been in formal existence and engaged in similar type work for not less than five (5) years. General: Bidder must have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the County, and shall have all necessary licenses and permits required by law to do business with the County. Bidder's Questionnaire: The County reserves the right before recommending any award to inspect the facilities and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. Bidders are required to complete and answer all the Bidder Questionnaire questions located in the Submittals. Performance: The County will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject bids where evidence submitted, or investigation and evaluation indicates inability of the bidder to perform. 3.17. Consideration of ITB and Award of Contract The award of the contract, if it is awarded, will be to the lowest responsive and responsible bidder whose qualifications indicate the award will be in the best interest of the County, and whose bid complies with all prescribed requirements. No award will be made until the County has concluded such investigations as the County deems necessary to establish the responsibility, qualifications and financial ability of the Bidder to do the work in accordance with the contract documents to the satisfaction of the County within the time prescribed. The County reserves the right to award the contract to more than one bidder, as determined to be in the best interest of the County. If the contract is awarded, the County will accept the bid and award the contract to the successful bidder(s) within one hundred twenty days (120) days after the opening of the Bid by written notice to the successful bidder(s). Additional days may be added upon mutual written agreement between the County and the successful bidder. The County reserves the right to reject any or all bid and to waive informalities, or to accept any bid or combination of bid which, in the County's judgment, will best serve its interest. 3.18. Variations of Specifications No alternative bids specification shall be submitted unless specifically requested in the "Invitation to Bid" document. 3.19. Acceptance of the ITB The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed acceptable upon completion of all steps in the procurement process and issuance of a Purchase Order or execution of a Contract by the County. The material delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the County. It must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the County is found to be defective or does not conform to specification, the County reserves the right to cancel the order upon bid to the bidder and return product to bidder at the bidder's expense. The County shall not be liable for payment for any portion thereof. 3.20. Delivery Time is of the essence in the filling of this order. No delays in shipment and material or rendition of services will be permitted except as authorized by the County in writing. Please notify Alachua County Procurement, (352) 374-5202 at once of anticipated delay. Excessive or unusual transportation charges caused by the contractor's inability to deliver by specified date and in specified quantities shall be charged to the contractor. Right is reserved to cancel this order or any part thereof if the foregoing is not complied with. In the event of cancellation pursuant to this clause, the County may procure similar articles or services elsewhere or secure the manufacture and delivery of the articles by purchase order or otherwise, and contractor shall be liable to the County for excess costs. 3.21. Examination of Property Before submitting the bid, it shall be the Bidder's responsibility to visit the site of the proposed Work and familiarize the Bidder with the nature and extent of the Work and any local conditions, either surface or subsurface, that may in any way affect the Work to be done and the equipment, materials and labor required. The bidder is also required to carefully examine the specifications and contract documents, to inform themselves regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. Failure to do so will not relieve the bidder of complete performance under the contract. 3.22. Conflict of Interest The bidder certifies that to the best of their knowledge or belief, no elected/appointed official or employee of the County is financially interested, directly or indirectly, in the purchase of the goods or services specified on this order. 3.23. Collusion The bidder, by submitting their bid form, declares that the bid is made without any previous understanding, agreement, or connections with any persons, firms or corporations making a bid on the same items and that it is in all respects, fair, and in good faith without any outside control, collusion, or fraud. The bidder, by submitting their bid form, declares that no County Commissioner, other County officer, or County employee, directly or indirectly owns more than five (5) percent of the total assets or capital stock of the bidding entity, nor will directly or indirectly benefit by more than five (5) percent from the profits or emoluments of this contract. 3.24. Disqualification of Bidders Only the Bid from an individual, firm, partnership or corporation, under the same or different names, will be considered for the same Work. Should it be evident that any Bidder is interested in more than one Bid for the same Work, all Bids in which such Bidder is interested will be rejected. Should there be reasonable ground for the County or Director to believe that a collusion or combination exists among Bidders, all Bids may be rejected and all participants in such combination or collusion may be barred from making future Bids for the same Work. Only reliable Bidders, capable of performing the class of Work proposed, will be considered in awarding the contract. If the available evidence of competency of any Bidder is not satisfactory to the County, the Bid of such Bidder may be rejected. 3.25. Manufacturer's Certification The County reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid. Failure to provide such certification may result in rejection of bid or default termination of contract for which the bidder must bear full liability. 3.26. Vendor Complaints or Grievances; Right to Protest Protests and appeals of solicitations and awards by a Bidder will be by the method provided in the Alachua County Procurement Code https://alachuacounty.us/depts/procurement/pages/procurementmanual.aspx. The term "Bidder" for this part includes any person or entity that responds to any type of solicitation issued by the County (e.g., ITB, RFP, ITN), and is not limited solely to a person or entity that submits a proposal in response to an ITB. 3.27. Responsible Agent The Contractor shall designate and submit a responsible agent and alternate as necessary, for all dealings, communications, or notices or contracts between the County and the contractor, see Submittals. The Department Director or County Engineer will be the responsible agent for the County. Any notice or communication to or from the responsible agent shall be deemed to be a communication to the contractor. 3.28. Plans for Construction The successful Bidder will have access to construction plans and Specifications, exclusive of any referenced state or national standards or specifications. 4. Terms and Conditions 4.1. Non-Warranty of Specifications Due care and diligence have been used in preparing these specifications, The County does not guarantee that the conditions described within the specifications are the conditions that will be found in the field when actual construction is commenced. The County shall not be responsible for any error or omission in these specifications, nor for the failure on the part of the bidders to determine the full extent of the request. It is the sole responsibility of the bidders to ensure that they have all information necessary for the submittal of bids. 4.2. U.S. Department of Homeland Security E-Verify System Pursuant to F.S. sec. 448.095, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of the Contractor during the term of the Agreement. Contractor shall require any subcontractors performing work or providing Services under this Agreement to register and use the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of the subcontractor during the term of this Agreement, and otherwise comply with Florida law. The E-Verify system is located at website. Failure to comply with this section is grounds for termination and the contractor (a) may not be awarded a contract with the County for at least 1 year after the date on which the contract was terminated and (b) is liable for any additional costs incurred by the County as a result of termination of this Agreement. 4.3. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 4.4. Discriminatory Vendor List An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4.5. Vendor Eligibility An entity or affiliate who has been placed on any of the list's below may not respond to solicitation. Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Scrutinized List of Prohibited Companies Federal Excluded Parties List Lists are available at the Department of Management Services website. 4.6. Workplace Violence Employees of bidders (or responders for RFP's) are prohibited from committing any act of workplace violence. Violation may be grounds for termination. Workplace violence means the commission of any of the following acts by a bidder's employee. Battery: intentional offensive touching or application of force or violence to another. Stalking: willfully, maliciously and repeatedly following or harassing another person. 4.7. Governing Law This agreement shall be governed in accordance with the laws of the State of Florida. Venue shall be in Alachua County. 4.8. Warranty In addition to any warranty implied by law or fact, and any other express warranties, bidder expressly warrants all items to be free from defects in design, workmanship and materials; to conform strictly to applicable specifications and to be fit and sufficient for the purpose intended to be merchantable. All warranties shall survive inspection, test, acceptance of and payment by the County 4.9. Payments All payments will be made in accordance with the Agreement. The Contractor shall accept payment via EFT (Electronic Fund Transfer), and upon receipt of the approved Contract/Purchase Order complete this process with Alachua County. All applications for payment shall be processed and paid in accordance with the provisions of Chapter 218, Part VII Florida Statutes ("Local Government Prompt Payment Act"). 4.10. Taxes The County is exempt from any taxes imposed by the State and/or Federal Government. Exemption Certificate will be provided upon request. 4.11. Quality All materials shall be new and in no case will used, reconditioned or obsolete parts be acceptable. All equipment specifications are to be considered minimum requirements. 4.12. Laws, Permits and Compliance Permit, Application, and License Fees: The contracted firm shall obtain and pay for all necessary permits, permit application fees, licenses or any fees required. Compliance: The contractor shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated in the proposal. The contracted firm is presumed to be familiar with all state and local laws, ordinances, code rules and regulations that may in any way affect the work. Ignorance on the part of the contracted firm will in no way relieve it of responsibility. All corporations, LLCs, limited and general partnerships, LLPs and LLLPs wishing to do business within the County must register with the Florida Department of State at the web website. This registration is renewed annually. Failure to register with the Florida Department of State may result in the bid being determined as non-responsive. The contractor must agree to abide by and conduct its programs and provide its services in compliance with the provisions of the Civil Rights Act of 1866, Civil Rights Act of 1871, Equal Pay Act of 1963, Civil Rights Act of 1964, Age Discrimination and Employment Acts of 1967, Rehabilitation Act of 1973, 1990 Americans with Disabilities Act, 1991 Federal Civil Rights Act, 1992 Florida Civil Rights Act, and all other applicable ordinances, statutes, laws and amendments thereto. 4.13. Modifications This agreement constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the Procurement Manager. The County will not be bound under this agreement for similar or like services being provided by County agencies or for services entered into by the County under a separate agreement. 4.14. Severability If any provisions of this agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 4.15. Independent Contractor In the performance of this agreement, the Contractor will be acting in the capacity of an independent Contractor and not as an agent, employee, partner, joint venture, or associate of the County. The Contractor shall be solely responsible for the means, method, technique, sequences, and procedures utilized by the Contractor in the full performance of the agreement. 4.16. Interest in Government Contracting In accordance with F.S. sec. 287.05701, Alachua County, including any members of a selection committee utilized by the County, will not (a) give preference to a vendor based on the vendor's social, political or ideological interests, and (b) request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor. 4.17. Assignment of Personnel All personnel assigned to the project will be subject to the approval of the County and no changes shall be allowed unless prior written approval is obtained. 4.18. Assignment of Interest The parties recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the County. Therefore, the vendor hereby assigns to the County any and all claims for such overcharges as to goods, material or services purchased in connection with the Agreement. However, for all other assignments, neither party will assign, convey, pledge, sublet, transfer or otherwise dispose any interest in this Agreement and shall not transfer any interest in same without prior written consent of the other party. 4.19. Indemnification The awarded Bidder agrees to protect, defend, indemnify, and hold the County and director and their officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or directly or indirectly relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting the generality of the foregoing, any and all such claims, etc., including but not limited to personal injury, death, damage to property (including destruction) defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statutes, ordinance, administrative order, rule, or regulation or decree of any court, shall be included in the indemnity hereunder. The Bidder further agrees to investigate, handle, respond to, provide defense (including payment of attorney fees, court costs, and expert witness fees and expenses up to and including any appeal) for and defend any such claim at its sole cost and expense through counsel chosen by the County and agrees to bear all other costs and expenses related thereto, even if they (claims, etc.) are groundless, false, or fraudulent. Bidder agrees that indemnification of the County shall extend to any and all work performed by the Bidder, its subcontractors, employees, agents, servants or assigns. This obligation shall in no way be limited in any nature whatsoever by any limitation on the amount or type of Bidder's insurance coverage. This indemnification provision shall survive the termination of the Contract between the County and the Bidder. Nothing contained herein shall constitute a waiver by the County of its sovereign immunity, the limits of liability or the provisions of 768.28, Florida Statutes. 4.20. Amendments This agreement may be amended by mutual written agreement of the parties and may be changed only by such written amendment. 4.21. Default and Termination The failure of either party to comply with any provision of this agreement shall place that party in default. Prior to terminating this agreement, the non-defaulting party shall notify the defaulting party in writing. Notification shall make specific reference to the provision which gave rise to the default. The defaulting party shall be given seven (7) days in which to cure the default. Department Director is authorized to provide written notice of termination on behalf of the County, and if the default situation is not corrected within the allotted time, the Department is authorized to provide final termination notice on behalf of the County to the Contractor. The County may terminate this agreement without cause by first providing at least thirty (30) days written notice to the Contractor prior to the termination date. The Department Director is authorized to provide written notice of termination on behalf of the County. If the contractor is adjudged bankrupt, either voluntary or involuntary, the County may terminate the contract effective on the day and at the time the bankruptcy petition is filed and may proceed to provide service as previously outlined. In the event funds to finance this contract become unavailable, the County may terminate the contract with no less than twenty-four hours' notice in writing to the Contractor. The County shall be the final authority as to the availability of funds. 4.22. Successors and Assigns The County and Contractor each bind the other and their respective successors and assigns in all respects to all of the terms, conditions, covenants, and provisions of this agreement, and any assignment or transfer by the Contractor of its interest in this agreement without the written consent of the County shall be void. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County or Contractor, nor shall it be construed as giving any right or benefit hereunder to anyone other than the County or the Contractor. 4.23. Non Wavier The failure of either party to exercise any right shall not be considered a waiver of such right in the event of any further default or noncompliance. 4.24. Books and Records The county shall have the right to audit, review, examine and transcribe any pertinent records or documents relating to any contract resulting from this solicitation held by the Contractor. The Contractor will retain all documents applicable to the contracts for a period of not less than three years after final payment is made. 4.25. Accident Prevention Precaution shall be exercised at all times for the protection of employees, other persons and property. Contractor's employees shall report to their superintendent any hazardous conditions or items in need of repair noted during the performance of work. Said superintendent shall thereupon notify the responsible agent or his designee of such conditions. 5. Insurance 5.1. TYPE "A" INSURANCE REQUIREMENTS "ARTISAN CONTRACTORS / SERVICE CONTACTS" The Contractor shall procure and maintain for the duration of this contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the contractor/vendor, his agents, representatives, employees or subcontractors. COMMERCIAL GENERAL LIABILITY Coverage must be afforded under a per occurrence form policy for limits not less than $1,000,000 General Aggregate, $1,000,0000 Products / Completed Operations Aggregate, $1,000,000 Personal and Advertising Injury Liability, $1,000,000 each Occurrence, $50,000 Fire Damage Liability and $5,000 Medical Expense. AUTOMOBILE LIABILITY Coverage must be afforded including coverage for all Owned vehicles, Hired and Non-Owned vehicles for Bodily Injury and Property Damage of not less than $1,000,000 combined single limit each accident. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY Coverage to apply for all employees at STATUTORY Limits in compliance with applicable state and federal laws; if any operations are to be undertaken on or about navigable waters, coverage must be included for the USA Longshoremen & Harbor Workers Act. Employer's Liability limits for not less than $100,000 each accident; $500,000 disease policy limit and $100,000 disease each employee must be included. BUILDER'S RISK / INSTALLATION FLOATERS (when applicable) When this contract or agreement includes the construction of and/or the addition to a permanent structure or building; including the installation of machinery and/or equipment, the following insurance coverage must be afforded: Coverage Form: Completed Value, All Risk in an amount equal to 100% of the value upon completion or value of equipment to be installed. When applicable: Waiver of Occupancy Clause or Cessation of Insurance clause. Flood Insurance as available under the National Flood Insurance Program. CYBER LIABILITY COVERAGE (when applicable) Vendor shall procure and maintain for the life of the contract in an amount not less than $1,000,000 per loss for negligent retention of data as well as notification and related costs for actual or alleged breaches of data. Technology/Professional Liability: with limits of $1 million. Coverage is for the life of the contract and must continue for five (5) years after contract expiration. This coverage must include Cyber Liability coverage for negligent retention of data as well as notification and related costs for actual or alleged breaches of data. EMPLOYEE FIDELITY COVERAGE (only applicable to vendors whose employees handle funds) Employee Dishonesty coverage must be afforded for not less than $500,000 Blanket all employees ISO Form OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: ICommercial General Liability and Automobile Liability Coverages a. The Alachua County Board of County Commissioners, its officials, employees and volunteers are to be covered as an Additional Insured as respects: Liability arising out of activities performed by or on behalf of the Contractor/Vendor; to include Products and/or Completed Operations of the Contractor/Vendor; Automobiles owned, leased, hired or borrowed by the Contractor. b. The Contractor's insurance coverage shall be considered primary insurance as respects the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be excess of Contractor/Vendor's insurance and shall be non-contributory. IIAll Coverages The Contractor/Vendor shall provide a Certificate of Insurance to the County with a notice of cancellation. The certificate shall indicate if cover is provided under a "claims made" or "per occurrence" form. If any cover is provided under claims made from the certificate will show a retroactive date, which should be the same date of the contract (original if contact is renewed) or prior. SUBCONTRACTORS The Contractor/Vendor shall be responsible for all subcontractors working on their behalf as a condition of this agreement. All subcontractors of the Contractor/Vendor shall be subject to the same coverage requirements stated herein. CERTIFICATE HOLDER:Alachua County Board of County Commissioners Email certificate to : Public Works - jlink@alachuacounty.us 6. Scope of Work 6.1. NW/NE 53rd Avenue Resurfacing The project scope includes milling and resurfacing the existing roadway, widening for turn lanes, and reconstruction of driveways and side drains. Question Submission Deadline:June 23, 2024, 12:01am