HomeMy WebLinkAbout20-21-A18 Interior and Exterior Signs Contract Fully ExecutedCONTRACT BETWEEN
CLAY COUNTY UTILITY AUTHORITY
AND
COLONY HARDWARE CORPORATION
THIS AGREEMENT for INTERIOR AND EXTERIOR SIGNS is made and
entered between Clay County Utility Authority, an independent special district established and
created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, 3176
Old Jennings Road, Middleburg, Florida 32068 (hereinafter referred to as the “AUTHORITY” or
“CCUA”) and Colony Hardware Corporation, PO Box 21216, New York, New York, 21216
(hereinafter referred to as the “CONTRACTOR”).
W I T N E S S E T H:
WHEREAS, the AUTHORITY has competitively solicited Interior and Exterior Signs pursuant
to ITB-2020/2021-A18; and
WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it is capable
of providing the required services; and
WHEREAS, the parties hereto have agreed to the terms and conditions cited herein based on said
solicitation;
NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained
herein, the parties agree as follows:
SECTION 1. TERM.
The term of this Agreement shall become effective on November 15, 2021, and continue
through November 14, 2022. The contract may be renewed, subject to written notice of agreement,
for four (4) additional one (1) year periods.
SECTION 2. SCOPE OF SERVICES.
The Contractor shall provide services and accessories listed in Exhibit ‘A,’ which is attached
hereto and incorporated herein.
SECTION 3. OBLIGATIONS OF THE CONTRACTOR.
Obligations of the CONTRACTOR shall include, but not be limited to, the following:
A. It is understood that the CONTRACTOR shall not have the authority to create, or cause
to be filed, any liens for materials on, or against, the AUTHORITY, or any property
owned by the AUTHORITY. Such lien, attachment, or encumbrance, until it is
removed, shall preclude any and all claims or demands for any payment expected by
virtue of this Agreement.
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B. The CONTRACTOR will ensure that all of its employees, agents, sub-contractors,
representatives, volunteers, and the like, fully comply with all of the terms and
conditions set herein, when providing services or material for the AUTHORITY in
accordance herewith.
C. The CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences, safety programs, and procedures necessary to properly and fully complete
the work set forth in the Scope of Work.
D. The CONTRACTOR shall maintain an adequate and competent staff and remain
authorized to do business within the State of Florida. In the event of the need of a
subcontractor, The CONTRACTOR may subcontract the services requested by the
AUTHORITY, with prior written approval from AUTHORITY; however, the
CONTRACTOR is fully responsible for the satisfactory completion of all
subcontracted work.
SECTION 4. STANDARD OF CARE.
A. The CONTRACTOR has represented to the AUTHORITY that it possesses a level
of knowledge, experience, and expertise that is commensurate with firms in the
areas of practice required for the services to be provided. By executing this
Agreement, the CONTRACTOR agrees that the CONTRACTOR will exercise that
degree of care, knowledge, skill, and ability as any other similarly situated
contractor possessing the degree of skill, knowledge, experience, and expertise
within the local area, working on similar activities. The CONTRACTOR shall
perform the services requested in an efficient manner, consistent with the
AUTHORITY’s stated scope of services and industry standards.
B. The CONTRACTOR covenants and agrees that it and its employees, agents, sub-
contractors, representatives, volunteers, and the like, shall be bound by the same
standards of conduct as stated above.
SECTION 5. COMPENSATION.
A. The amount to be paid under this Agreement for acceptable performance of Interior
and Exterior Signs described in Exhibit ‘A’ shall not exceed Twenty-Three
Thousand Dollars ($23,000.00), based on the rates specified in Exhibit ‘B.’
B. Compensation for services completed by the CONTRACTOR shall be paid in
accordance with section 218.70, Florida Statutes, Florida’s Prompt Payment Act.
C. Services to be performed in accordance with this Agreement are subject to the
annual appropriation of funds by the AUTHORITY. In its sole discretion, the
AUTHORITY reserves the right to forego use of the CONTRACTOR for any
project which may fall within the Scope of Services listed herein. In the event the
AUTHORITY is not satisfied with the services provided by the CONTRACTOR,
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the AUTHORITY will hold any amounts due until such time as the
CONTRACTOR has appropriately addressed the problem.
SECTION 6. TERMINATION.
The AUTHORITY may terminate this Agreement, with or without cause, given thirty (30) days
written notice to CONTRACTOR prior to the effective date of such cancellation.
SECTION 7. TERMINATION FOR CAUSE.
The AUTHORITY may terminate this Agreement, without further obligation, upon written notice
to the CONTRACTOR if the CONTRACTOR breaches any material term of the Agreement and
such breach remains uncured for thirty (30) days after receipt of said notice.
SECTION 8. PAYMENT WHEN SERVICES ARE TERMINATED.
A. In the event of termination of this Agreement by the AUTHORITY, and not due to
the fault of the CONTRACTOR, the AUTHORITY shall compensate the
CONTRACTOR for all authorized services performed prior to the effective date of
termination.
B. In the event of termination of this Agreement due to the fault of the
CONTRACTOR, or at the written request of the CONTRACTOR, the
AUTHORITY shall compensate the CONTRACTOR for all authorized services
completed, prior to the effective date of termination, which have resulted in a usable
product or otherwise tangible benefit to the AUTHORITY. All such payments shall
be subject to an off set for any damages incurred by the AUTHORITY resulting
from any delay occasioned by early termination. This provision shall in no way be
construed as the sole remedy available to the AUTHORITY in the event of breach
by the CONTRACTOR.
SECTION 9. INSURANCE.
A. The CONTRACTOR shall maintain the following types of insurance, with the
respective limits, and shall provide proof of same to the AUTHORITY, in the form of
a Certificate of Insurance prior to the start of any work hereunder:
COMMERCIAL GENERAL LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s
expense Commercial General Liability insurance coverage (ISO or comparable
Occurrence Form) for the life of this Contract. Modified Occurrence or Claims Made
forms are not acceptable.
The Limits of this insurance shall not be less than the following limits:
Each Occurrence Limit $1,000,000
Personal & Advertising Injury Limit $1,000,000
Fire Damage Limit (any one fire) $300,000
Medical Expense Limit (any one person) $10,000
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Products & Completed Operations Aggregate Limit $1,000,000
General Aggregate Limit (other than Products &
Completed Operations) Applies Per Project $1,000,000
General liability coverage shall continue to apply to “bodily injury” and to “property
damage” occurring after all work on the Site of the covered operations to be
performed by or on behalf of the additional insureds has been completed and shall
continue after that portion of “your work” out of which the injury or damage arises
has been put to its intended use.
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY
INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s
expense Workers’ Compensation and Employer’s Liability insurance coverage for the
life of this Contract.
The Limits of this insurance shall not be less than the following limits:
Part One – Workers’ Compensation Insurance – Unlimited
Statutory Benefits as provided in the Florida Statutes and
Part Two – Employer’s Liability Insurance
Bodily Injury By Accident $500,000 Each
Bodily Injury By Disease $500,000 Each
Bodily Injury By Disease $500,000 Each
*If leased employees are used, policy must include an Alternate Employer’s
Endorsement.
AUTOMOBILE LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s
expense Automobile Liability insurance coverage for the life of this Contract.
The Limits of this insurance shall not be less than the following limits:
Combined Single Limit – Each Accident $1,000,000
Covered Automobiles shall include any auto owned or operated by the insured
Contractor/Vendor, insured Sub-Contractor/Vendor including autos which are leased,
hired, rented, or borrowed, including autos owned by their employees which are used
in connection with the business of the respective Contractor/Vendor or Sub-
Contractor/Vendor.
EXCESS LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s
expense Excess Liability (Umbrella Form) insurance coverage for the life of this
Contract.
The Limits of this insurance shall not be less than the following limits:
Each Occurrence Limit $500,000
Aggregate Limit $500,000
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PROFESSIONAL LIABILITY (ERRORS & OMISSIONS)
This additional coverage will be required for all projects involving consultants,
engineering services, architectural or design/build projects, independent testing firms
and similar exposures.
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s
expense Professional Liability insurance coverage for the life of this Contract.
If the contract includes a requirement for Professional Liability or Errors and
Omissions insurance, the minimum amount of such insurance shall be as follows:
Each Occurrence/Annual Aggregate $1,000,000
Project Specific
Design Professional Liability coverage will be provided on an Occurrence Form or a
Claims Made Form with a retroactive date to at least the first date of this Agreement.
If provided on a Claims Made Form, the coverages must respond to all claims
reported within three years following the period for which coverage is required and
which would have been covered had the coverage been on an occurrence basis.
CRIME/FIDELITY COVERAGE
This additional coverage will be required for all service providers involving
information technology services, Pension consulting and administration, and similar
exposures.
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s
expense Crime/Fidelity and/or Fiduciary Liability insurance coverage for the life of
this Contract.
If the contract includes a requirement for expense Crime/Fidelity and/or Fiduciary
Liability insurance, the minimum amount of such insurance shall be as follows:
Third Party Employee Dishonesty $1,000,000
B. The CONTRACTOR shall name “Clay County Utility Authority” as a certificate holder
and as additional insured, to the extent of the services to be provided hereunder, on all
required insurance policies, and provide the AUTHORITY with proof of same.
C. The CONTRACTOR, and any authorized sub-contractor(s), shall provide the
AUTHORITY’s Procurement Department with a Certificate of Insurance evidencing
such coverage for the duration of this Agreement. Said Certificate of Insurance shall be
dated and show:
1. The name of the insured CONTRACTOR;
2. The specified job by name and job number;
3. The name of the insurer;
4. The number of the policy;
5. The effective date;
6. The termination date; and
7. A statement that the insurer will mail notice to the AUTHORITY at least thirty (30)
days prior to any material changes in the provisions or cancellation of the policy.
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D. Receipt of certificates or other documentation of insurance or policies or copies of
policies by the AUTHORITY, or by any of its representatives, which indicates less
coverage than is required, does not constitute a waiver of the CONTRACTOR’s
obligation to fulfill the insurance requirements specified herein.
E. The CONTRACTOR shall ensure that any sub-contractor(s), hired to perform any of the
duties contained in the Scope of Services of this Agreement, maintain the same insurance
requirements set forth herein. In addition, the CONTRACTOR shall maintain proof of
same on file and made readily available upon request by the AUTHORITY.
SECTION 10. AUTHORITY OBLIGATIONS.
At the CONTRACTOR’s request, the AUTHORITY agrees to provide, at no cost, all
pertinent information known to be available to the AUTHORITY to assist the CONTRACTOR in
providing and performing the required services.
SECTION 11. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT.
The following documents are hereby incorporated and made part of this Agreement:
1. Exhibit A – Solicitation document ITB# 2020/2021-A18 Interior and
Exterior Signs
2. Exhibit B – Original bid submitted by Contractor
In the event of a conflict between the covenants, terms, and/or provisions of this Agreement
and Exhibit “A,” the provisions of the Agreement shall take precedence.
SECTION 12. APPLICABLE LAW, VENUE, JURY TRIAL.
The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in
Clay County, Florida. The parties hereby waive their right to trial by jury in any action, proceeding
or claim, arising out of this Agreement, which may be brought by either of the parties hereto.
In all respects, this Agreement is governed by and construed in accordance with the laws of the
State of Florida without giving effect to any choice of law rules thereof that may direct the
application of the laws of another jurisdiction.
SECTION 13. PUBLIC RECORDS COMPLIANCE.
A. If the Contractor has questions regarding the application of Chapter 119, Florida
Statutes, to the Contractor’s duty to provide public records relating to this
Agreement, contact the custodian of public records at the following:
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Public Records
3176 Old Jennings Road
Middleburg, Florida 32068
(904) 272-5999
Recordsrequest@clayutility.org
B. The CONTRACTOR understands that by virtue of this Agreement all of its
documents, records and materials of any kind, relating to the relationship created
hereby, shall be open to the public for inspection in accordance with Florida law.
If CONTRACTOR shall act on behalf of the AUTHORITY, as provided under
section 119.011(2), Florida Statutes, as amended, the CONTRACTOR, subject to
the terms of section 287.058(1) (c), Florida Statutes, as amended, and any other
applicable legal and equitable remedies, shall:
1) Keep and maintain public records that ordinarily and necessarily would be
required by the AUTHORITY in order to perform the service; and
2) Provide the public with access to public records on the same terms and
conditions that the AUTHORITY would provide the records and at a cost
that does not exceed the cost provided by Florida law; and
3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law; and
4) Meet all requirements for retaining public records and transfer, at no cost,
to the AUTHORITY all public records in possession of the
CONTRACTOR upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirement. All records stored electronically must be
provided to the AUTHORITY in a format that is compatible with the
information technology systems of the AUTHORITY; and
5) If the CONTRACTOR does not comply with a public records request, the
AUTHORITY shall enforce the contract provisions in accordance with the
Agreement.
SECTION 14. INDEPENDENT CONTRACTOR.
This Agreement does not create an employee/employer relationship between the parties. It
is the parties’ intention that the CONTRACTOR, its employees, sub-contractors, representatives,
volunteers, and the like, will be an independent contractor and not an employee of the
AUTHORITY for all purposes, including, but not limited to, the application of the following, as
amended: the Fair Labor Standards Act minimum wage and overtime payments, the Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the State
of Florida workers’ compensation laws, the State of Florida unemployment insurance laws, and
the Florida Retirement System benefits. The CONTRACTOR will retain sole and absolute
discretion in the judgment of the manner and means of carrying out the CONTRACTOR’s
activities and responsibilities hereunder.
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SECTION 15. APPLICABLE LICENSING.
The CONTRACTOR, at its sole expense, shall obtain all required federal, state, and local
licenses, occupational and otherwise, required to successfully providing the services set forth
herein.
SECTION 16. COMPLIANCE WITH ALL LAWS.
The CONTRACTOR, at its sole expense, shall comply with all laws, ordinances, judicial
decisions, orders, and regulations of federal, state, AUTHORITY, and municipal governments, as
well as their respective departments, commissions, boards, and officers, which are in effect at the
time of execution of this Agreement or are adopted at any time following the execution of this
Agreement.
SECTION 17. INDEMNIFICATION.
The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses
incurred, by the AUTHORITY, caused by the acts and/or omissions of the CONTRACTOR, or
any of its employees, agents, sub-contractors, representatives, volunteers, or the like. The
CONTRACTOR agrees to indemnify, defend and hold the AUTHORITY harmless for any and all
claims, suits, judgments or damages, losses and expenses, including but not limited to, court costs,
expert witnesses, consultation services and attorney’s fees, arising from any and all acts and/or
omissions of the CONTRACTOR, or any of its employees, agents, sub-contractors,
representatives, volunteers, or the like. Said indemnification, defense, and hold harmless actions
shall not be limited by any insurance amounts required hereunder.
SECTION 18. SOVEREIGN IMMUNITY.
The AUTHORITY expressly retains all rights, benefits and immunities of sovereign
immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth
in any section, article or paragraph of this Agreement to the contrary, nothing in this Agreement
shall be deemed as a waiver of sovereign immunity or limits of liability which may have been
adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on
the amount and liability of AUTHORITY for damages, attorney fees and costs, regardless of the
number or nature of claims in tort, equity or contract, shall not exceed the dollar amount set by the
Florida Legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party
for the purpose of allowing any claim against the AUTHORITY which would otherwise be barred
under the Doctrine of Sovereign Immunity or operation of law.
SECTION 19. BANKRUPTCY OR INSOLVENCY.
If the CONTRACTOR shall file a Petition in Bankruptcy, or if the same shall be adjudged
bankrupt or insolvent by any Court, or if a receiver of the property of the CONTRACTOR shall
be appointed in any proceeding brought by or against the CONTRACTOR, or if the
CONTRACTOR shall make an assignment for the benefit of creditors, or proceedings shall be
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commenced on or against the CONTRACTOR’s operations of the premises, the AUTHORITY
may terminate this Agreement immediately notwithstanding the notice requirements of Section 6
hereof.
SECTION 20. BINDING EFFECT.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their
heirs, personal representatives, successors, and/or assigns.
SECTION 21. ASSIGNMENT.
This Agreement shall only be assignable by the CONTRACTOR upon the express written
consent of the AUTHORITY.
SECTION 22. SEVERABILITY.
All clauses found herein shall act independently of each other. If a clause is found to be
illegal or unenforceable, it shall have no effect on any other provision of this Agreement. It is
understood by the parties hereto that if any part, term, or provision of this Agreement is by the
courts held to be illegal or in conflict with any law of the State of Florida or the United States, the
validity of the remaining portions or provisions shall not be affected, and the rights and obligations
of the parties shall be construed and enforced as if the Agreement did not contain the particular
part, term, or provision held to be invalid.
SECTION 23. WAIVER.
Failure of the parties to insist upon strict performance of any of the covenants, terms,
provisions, or conditions of this Agreement, or to exercise any right or option herein contained,
shall not be construed as a waiver or a relinquishment for the future of any such covenant, term,
provision, condition, or right of election, but same shall remain in full force and effect.
SECTION 24. NOTICE.
The parties hereto agree and understand that written notice, mailed or delivered to the last
known mailing address, shall constitute sufficient notice to the AUTHORITY and the
CONTRACTOR. All notices required and/or made pursuant to this Agreement to be given to the
AUTHORITY and the CONTRACTOR shall be in writing and given by way of the United States
Postal Service, first class mail, postage prepaid, addressed to the following addresses of record:
AUTHORITY: Clay County Utility Authority
Attention: Procurement Department
3176 Old Jennings Road
Middleburg, Florida 32068
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CONTRACTOR: Colony Hardware Corporation
P.O. Box 21213
New York, New York 10087-1216
SECTION 25. MODIFICATION
The covenants, terms, and provisions of this Agreement may be modified by way of a
written instrument, mutually accepted by the parties hereto. In the event of a conflict between the
covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the
provisions of the latest executed instrument shall take precedence.
SECTION 26. HEADINGS.
All headings of the sections, exhibits, and attachments contained in this Agreement are for
the purpose of convenience only and shall not be deemed to expand, limit or change the provisions
contained in such sections, exhibits, and attachments.
SECTION 27. ADMINISTRATIVE PROVISIONS.
In the event the AUTHORITY issues a purchase order, memorandum, letter, or any other
instrument addressing the services, work, and materials to be provided and performed pursuant to
this Agreement, it is hereby specifically agreed and understood that any such purchase order,
memorandum, letter, or other instrument is for the AUTHORITY's internal purposes only, and any
and all terms, provisions, and conditions contained therein, whether printed or written, shall in no
way modify the covenants, terms, and provisions of this Agreement and shall have no force or
effect thereon.
SECTION 28. CONFLICT OF INTEREST.
The CONTRACTOR warrants that the CONTRACTOR has not employed or retained any
company or person, other than a bona fide employee working solely for the CONTRACTOR, to
solicit or secure this Agreement, and that the CONTRACTOR has not paid or agreed to pay any
person, company, corporation, individual, or firm any fee, commission, percentage, gift, or any
other consideration, contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this Paragraph, the AUTHORITY shall have the right to terminate
this Agreement immediately, without liability and without regard to the notice requirements of
Section 6 hereof.
SECTION 29. PUBLIC ENTITY CRIMES.
As required by section 287.133, Florida Statutes, the CONTRACTOR warrants that it is
not on the convicted contractor list for a public entity crime committed within the past thirty six
(36) months. The CONTRACTOR further warrants that it will neither utilize the services of, nor
contract with, any supplier, sub-contractor, or consultant in connection with this Agreement for a
period of thirty six (36) months from the date of being placed on the convicted contractor list.
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SECTION 30. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)
In accordance with State of Florida, Office of the Governor, Executive Order 11-116
(superseding Executive Order 11-02; Verification of Employment Status), in the event
performance of this Agreement is or will be funded using state or federal funds, the
CONTRACTOR must comply with the Employment Eligibility Verification Program (“E-Verify
Program”) developed by the federal government to verify the eligibility of individuals to work in
the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If
applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the
CONTRACTOR must (1) enroll in the E-Verify Program, (2) use E-Verify to verify the
employment eligibility of all new hires working in the United States, except if the CONTRACTOR
is a state or local government, the CONTRACTOR may choose to verify only new hires assigned
to the Agreement; (3) use E-Verify to verify the employment eligibility of all employees assigned
to the Agreement; and (4) include these requirement in certain subcontract, such as construction.
Information on registration for and use of the E-Verify Program can be obtained via the internet at
the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
SECTION 31. JOINT AUTHORSHIP
This Agreement shall be construed as resulting from joint negotiation and authorship. No
part of this Agreement shall be construed as the product of any one of the parties hereto.
SECTION 32. EQUAL OPPORTUNITY EMPLOYER
The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal
opportunity employment laws. The CONTRACTOR will further ensure that all sub-contractors it
utilizes in providing the services required hereunder will comply with all equal opportunity
employment laws.
SECTION 33. AUDITING, RECORDS, AND INSPECTION
In the performance of this Agreement, the CONTRACTOR shall keep books, records, and
accounts of all activities, related to the Agreement, in compliance with generally accepted
accounting procedures. Throughout the term of this Agreement, books, records, and accounts
related to the performance of this Agreement shall be open to inspection during regular business
hours by an authorized representative of the AUTHORITY and shall be retained by the
CONTRACTOR for a period of three years after termination or completion of the Agreement, or
until the full Authority audit is complete, whichever comes first. The AUTHORITY shall retain
the right to audit the books during the three-year retention period. All books, records, and accounts
related to the performance of this Agreement shall be subject to the applicable provisions of the
Florida Public Records Act, chapter 119, Florida Statutes. The AUTHORITY also has the right
to conduct an audit within sixty (60) days from the effective date of this Agreement to determine
whether the CONTRACTOR has the ability to fulfill its contractual obligations to the satisfaction
of the AUTHORITY. The AUTHORITY has the right to terminate this Agreement based upon its
findings in this audit without regard to the termination provision set forth herein.
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SECTION 34. PROJECT MANAGERS
The AUTHORITY and the CONTRACTOR have identified individuals as Project
Managers, listed below, who shall have the responsibility for managing the work performed under
this Agreement. The person or individual identified by the CONTRACTOR to serve as its Project
Manager for this Agreement, or any replacement thereof, is subject to prior written approval and
acceptance by the AUTHORITY. If the AUTHORITY or CONTRACTOR replace their current
Project Manager with another individual, an amendment to this agreement shall not be required.
The AUTHORITY will notify the CONTRACTOR, in writing, if the current AUTHORITY
Project Manager is replaced by another individual.
A. The AUTHORITY Project Manager’s contact information is as follows:
Ross Bland
Water Treatment
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida, 32068
904-213-2413
rbland@clayutility.org
B. The CONTRACTOR Project Manager’s contact information is as follows:
James M. Gumbinger
Department
Colony Hardware Corporation
PO Box 21216
New York, New York
904-517-2461
mgumbinger@colonyhardware.com
SECTION 35. COUNTERPARTS, ELECTRONIC TRANSACTION, AND
ELECTRONIC SIGNATURES.
This Agreement may be electronically executed by the Parties in counterparts up to but not
exceeding the number of parties, each of which shall be deemed an original and all of which, taken
together, shall constitute one agreement. Each Party may deliver its executed signature page by
email transmission to the other Parties at the email addresses set forth herein. Delivery shall be
effective and complete upon completion of such email transmission. The Parties agree that
electronic signatures may be use in the execution of this Agreement in accordance with Parts I and
II of Chapter 668, Florida Statutes.
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EXHIBIT ‘A’
SOLICITATION DOCUMENT ITB# 2020/2021-A18 INTERIOR AND EXTERIOR
SIGNS
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Invitation to Bid
For Interior and Exterior Signs
ITB# 2020/2021-A18
Clay County Utility Authority
3176 Old Jennings Road, Middleburg, Florida, 32068
Prepared by:
Angelia Wilson
Procurement Manager
904-213-2447
awilson@clayutility.org
Submission Due Date: Wednesday, September 8, 2021 by 2:00 EST Page 15 of 68
Table of Contents
Introduction and Executive Summary .................................................................................................................................. 3
Purpose ................................................................................................................................................................................. 4
Summary of Key Dates .......................................................................................................................................................... 4
Submission Details ................................................................................................................................................................ 4
INSTRUCTIONS FOR SUBMITTING PROPOSALS ................................................................................................................ 4
SUBMISSION QUESTIONS AND CLARIFICATIONS................................................................................................ 5
CONE OF SILENCE.............................................................................................................................................................. 5
ADDENDA TO THE SOLICITATION ..................................................................................................................................... 5
RECEIPT OF ADDENDA ...................................................................................................................................................... 5
DIVERSITY ACHIEVEMENT ................................................................................................................................................. 5
EXAMINATION OF BID DOCUMENTS ................................................................................................................................ 6
SHAM OR COLLUSIVE BIDS ............................................................................................................................................... 6
LATE BIDS .......................................................................................................................................................................... 6
PROPOSAL OR BID OPENING ............................................................................................................................................ 6
SPECIAL ACCOMODATIONS .............................................................................................................................................. 6
BID PRICING ...................................................................................................................................................................... 6
NOTICE OF AWARD ........................................................................................................................................................... 6
CONTRACTUAL AGREEMENT ............................................................................................................................................ 6
INITIAL CONTRACT PERIOD AND OPTION OF RENEWAL .................................................................................................. 7
EXERCISE OF OPTION TO EXTEND TERM OF CONTRACT .................................................................................................. 7
ASSIGNMENT .................................................................................................................................................................... 7
METHOD OF PAYMENT ..................................................................................................................................................... 7
DISCLOSURE OF BID CONTENT ......................................................................................................................................... 7
CONFLICT OF INTEREST ..................................................................................................................................................... 7
General Terms and Conditions ............................................................................................................................................. 9
Scope of Work..................................................................................................................................................................... 25
Insurance Requirements ..................................................................................................................................................... 25
Required Documentation ................................................................................................................................................... 28
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Introduction and Executive Summary
Since 1970, this Utility has provided the citizens of Clay County water and wastewater service. In December
1992, the Clay County Board of County Commissioners acquired the assets of Kingsley Service Company.
This acquisition opened a new chapter in the history of the Clay County Utility Authority (CCUA).
CCUA operates and maintains water, wastewater, and reclaimed facilities in Clay County, Florida, and
adjacent counties. There are 18 commercial customers in Duval County served by CCUA.
CCUA was created as an independent special district by the Florida Legislation in 1994 (F.S. 94-491) and
governed by a seven-member Board known as the Board of Supervisors. CCUA currently serves more than
50,000 customers in Clay County, Florida. The forecasted population in Clay County will double in growth
through 2030.
CCUA is an equal opportunity employer.
Mission
Develop an environmentally and economically sustainable utility that is focused on protecting the public
health, safety, and general welfare by providing clean and safe potable water, wastewater, and reclaimed water
services through conservation of natural resources, diversification of the water supply portfolio, and
development of a highly trained professional staff prepared for tomorrow’s challenges.
Vision
Provide long term sustainable value to our current and future customers by conserving and protecting natural
resources while providing clean, safe, and economical water, wastewater, and reclaimed water services.
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Purpose
The purpose of this Invitation to Bid (ITB) is to obtain competitive bids for the purchase of interior and exterior
signs to be used by Clay County Utility Authority, hereafter referred to as the “Authority” or “CCUA”.
Summary of Key Dates
Pre-Bid Meeting Thursday, August 19, 2021 at 9:30 AM EDT Deadline for Written Questions Thursday, August 26, 2021 at 3:00 PM EDT Response to Questions Thursday, August 31, 2021 at 4:00 PM EDT Deadline for Submittal Wednesday, September 8, 2021 at 2:00PM EDT
Issue Notice of Intent to Award Wednesday, September 21, 2021
Submission Details
INSTRUCTIONS FOR SUBMITTING PROPOSALS
The complete Solicitation package will be available Thursday, August 5, 2021, and can be obtained by visiting
https://clayutility.bonfirehub.com/portal/?tab=openOpportunities. Submissions must be uploaded to the CCUA
Bonfire Procurement Portal by:
Wednesday, September 8, 2021
No later than 2:00pm EST
Submissions must be posted to the Clay County Utility Authority Bonfire Procurement Portal (hardcopies will
not be accepted).
https://clayutility.bonfirehub.com
Submissions must be posted to the above web address no later than 2:00PM Eastern Standard Time on
Wednesday, September 8, 2021. Clay County Utility Authority assumes no responsibility for submittals
received after the stated time and date, or at any office or location other than the web address specified above.
Late responses will not be accepted.
The right is reserved by CCUA at its discretion to reject any or all proposals or parts thereof. Proposals may be
rejected if they show any omission, alteration of form, additions or deductions not called for, conditional or
uninvited alternate proposals, or irregularities of any kind; however, the Authority also reserves the right to
waive any informality on proposals.
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SUBMISSION QUESTIONS AND CLARIFICATIONS
All questions or concerns regarding this Solicitation must be submitted on the CCUA Bonfire Procurement
portal https://clayutility.bonfirehub.com prior to 3:00 PM (EDT) on the date listed in the Summary of Key
Dates table. Late questions may be answered at the discretion of CCUA. All responses to questions will be
uploaded to the Portal and issued in an Addendum on Tuesday, August 31, 2021. The addendum is provided
to all Bidders who have obtained the Solicitation package.
There will be no Pre-Bid meeting for this Solicitation.
CONE OF SILENCE
From the date of the initial publication of this Solicitation until the contract is awarded and the protest period
has expired, all communication relating to this Solicitation shall be sent to procurement@clayutility.org.
All other communication to the CCUA or any CCUA employee, Supplier, Evaluation Committee Member, or
Board Member concerning this Solicitation is prohibited. CCUA will disqualify any Bidder who makes or
causes to be made, directly or indirectly, any improper communication. Nothing contained in this paragraph
prohibits CCUA personnel from initiating contact with a Bidder and subsequent communication related
thereto for the purpose of obtaining additional information that is related to the Solicitation.
CCUA is subject to the Florida Public Records Law and the Government in the Sunshine Act, as set forth in
Florida Statues Chapters 119 and 286; as such, most communications to the CCUA are subject to public
disclosure, and the selection meeting(s), if any, will be open to the public.
ADDENDA TO THE SOLICITATION
A. CCUA reserves the right to amend this solicitation at any time prior to the deadline for submitting
Bids. If it becomes necessary to revise any part of this ITB, notice of the revision will be posted on
Bonfire at https://clayutility.bonfirehub.com. If, in the opinion of the Procurement Manager, the
deadline for the submission of proposals does not provide sufficient time for consideration of any
Addendum, then such deadline may be extended at the discretion of the CCUA.
B. It shall be the responsibility of each Offeror to check Bonfire (https://clayutility.bonfirehub.com) prior
to submission of a proposal hereunder to determine whether any Addenda have been issued in
connection with this procurement. Notwithstanding any provision to the contrary, the failure of any
Offeror to receive any Addenda shall neither constitute grounds for withdrawal of its proposal nor
relieve such Offeror from any responsibility for incorporating the provisions of any Addenda in its
proposal.
RECEIPT OF ADDENDA
Receipt of any addenda issued must be acknowledged on the addenda and returned with proposal. Failure to
acknowledge your receipt of any addenda may result in your proposal being considered non-responsive.
DIVERSITY ACHIEVEMENT
CCUA will affirmatively ensure that, in any agreement entered pursuant to this advertisement, minority and
disadvantaged business enterprise will be afforded the full opportunity to submit in response to this invitation.
CCUA will not discriminate based on race, color, national origin, or sex in consideration for an award.
CCUA encourages the recruitment and utilization of small, minority, women, and service-disabled veteran
businesses. The Authority, its Suppliers and Sub-Contractors should take all necessary and reasonable steps to
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ensure that small, minority, and service-disabled veteran businesses can compete for and perform work for
CCUA in a nondiscriminatory environment.
EXAMINATION OF BID DOCUMENTS
It is the responsibility of each Offeror before submitting a proposal:
• To examine thoroughly the bid documents
• To study and carefully correlate the Offeror’s knowledge and observations of the bid documents
and such other related data
• To promptly notify CCUA of all conflicts, errors, ambiguities, or discrepancies which the Offeror
has discovered in or between the bid documents and such other related documents or conditions.
SHAM OR COLLUSIVE BIDS
The bid of any Offeror or Offerors who engage in collusive bidding shall be rejected. Any Offeror who submits
more than one bid in such a manner as to make it appear that the proposals submitted are on a competitive basis
from different parties shall be considered a collusive Offeror.
LATE BIDS
Bids or unsolicited amendments to bids arriving after the opening date and time will not be considered. Bids
received after the submission deadline will not be received.
PROPOSAL OR BID OPENING
At the time fixed for the opening of responses to a Bid or Proposal, all Bid, or Proposals will be opened, and
the names of the Bidders or Offerors and the amount shall be read aloud and made readily available to the
public. If a public opening of a Request for Proposal is held, only the names of the Bidders or Offerors will be
read publicly.
SPECIAL ACCOMODATIONS
CCUA encourages any person with a qualified disability requiring special accommodations at a Pre-Bid
conference, public meetings, and/or Bid opening to notify the designated contact at the phone number, email
address or fac number provided on the title page at least five (5) business days prior to the event.
BID PRICING
In the event there is a discrepancy between the unit prices and the extended totals, the unit prices shall govern.
In the event there is a discrepancy between the prices written in words and written in figures, the prices written
in words shall govern. In case of error in the Offeror’s extended summation, the computed total of CCUA shall
govern.
NOTICE OF AWARD
Public notice of award will be posted in the CCUA lobby. Notice of award will also be posted on Bonfire at
https://clayutility.bonfirehub.com.
CONTRACTUAL AGREEMENT
A. An Agreement will be required for this product/service and must be signed by the Offeror prior to
execution by CCUA, whereupon the Offeror becomes the Contractor upon approval. The
agreement shall consist of the agreement contract, the ITB, and the successful Offeror’s proposal,
together with any negotiated terms and pricing. The Offeror shall inform himself in full of the
conditions relating to the performance of the Agreement. Failure to do so shall not relieve the
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successful Offeror of his obligations to furnish services, materials, and other services necessary to
carry out the provisions of this solicitation and resulting Agreement.
B. The Offeror expressly understands and acknowledges that all documents related to the
products/services provided herein may be considered records that are subject to examination in
accordance with Florida’s Public Record Law. The Offeror expressly agrees that he will comply
with all requirements related to said Law and that he will hold CCUA harmless for any such
disclosure related to Florida’s Public Records Law.
C. The Agreements must be properly executed by all parties to be considered binding.
D. In conjunction with the Agreement, a Purchase Order(s) shall be issued by CCUA prior to the start
of any project, service, or work by the Offeror.
INITIAL CONTRACT PERIOD AND OPTION OF RENEWAL
The successful Offeror shall be awarded a contract to supply the goods/services for a one (1) year period with
the option to renew the contract for four (4) additional one (1) year period. The option to renew will only be
exercised upon mutual written agreement and with all original terms, conditions, and unit prices adhered to.
Any renewal will be subject to appropriation of funds by CCUA.
EXERCISE OF OPTION TO EXTEND TERM OF CONTRACT
If CCUA wishes to enter an option period, CCUA shall request a written statement of desire to enter an
extension of the performance period from the Offeror.
ASSIGNMENT
The successful Offeror will not be permitted to assign its contract with CCUA, or to subcontract any of the work
requirements to be performed, without obtaining prior written approval from CCUA.
METHOD OF PAYMENT
The Contractor shall be paid monthly for work previously performed. Invoices shall contain the ITB Number,
Title, and the Purchase Order Number under which the purchase was awarded and provide sufficient detail to
demonstrate compliance with the terms of the contract. Invoices shall be emailed to
accountspayable@clayutility.org.
DISCLOSURE OF BID CONTENT
All material submitted becomes the property of CCUA and may be returned only at CCUA’s option. CCUA has
the right to use any or all ideas presented in any reply to this proposal. Selection or rejection of any bid does not
affect this right.
CCUA is governed by the Public Record Law, Chapter 119, Florida Statutes. Only trade secrets as defined in
Section 812.081 (1)(c), Florida Statutes or financial statements required by the Authority as defined in
119.071(1)(C), Florida Statutes (hereinafter “Confidential Materials”), may be exempt from disclosure. If an
Offeror submits Confidential Materials, the information must be segregated, accompanied by an executed Non-
Disclosure Agreement for Confidential Materials (Requested Information) and each pertinent page must be
clearly labeled “confidential” or “trade secret.” The Authority will not disclose such Confidential Materials,
subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such
segregated and labeled materials are received with an executed Agreement, the Authority shall execute the
Agreement and send the Offeror a “Receipt for Trade Secret Information”.
CONFLICT OF INTEREST
The Firm represents that to the best of their knowledge and belief they presently have no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services
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required hereunder. The Firm further agrees that no person having such interest shall be employed or engaged
by the Firm for said performance. If the Firm, for themselves and on behalf of their sub-vendors, are about to
engage in representing another client, which they in good faith believe could result in a conflict of interest with
the work being performed by the Firm or sub-vendor under this Agreement, then they will promptly bring such
conflict of interest to the Authority’s attention, in writing. The Authority will advise the Firm, in writing, within
ten (10) business days if such a conflict of interest exists. If the Authority determines that there is a conflict of
interest, Firm or sub-contractor shall decline the representation upon written notice by CCUA. If CCUA,
determines that there is no such conflict of interest, then CCUA shall give written consent to such representation.
If the Firm or sub-contractor accepts such representation, without obtaining the Authority’s prior written
consent, and if CCUA subsequently determines that there is a conflict of interest between such representation
and the work being performed by the Firm or sub-contractor under this Agreement, then the Firm and sub-
contractor agrees to promptly terminate such representation. The Firm shall require each of such sub-contractor
to comply with the provisions of this Section. Should the Firm fail to advise or notify CCUA as provided herein
above of representation which could, or does, result in a conflict of interest, or should the Firm fail to discontinue
such representation, CCUA may consider such failure as justifiable cause to terminate the Agreement.
END OF SUBMISSION DETAILS
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General Terms and Conditions
BIDDER OR OFFEROR: THESE CONDITIONS AND INSTRUCTIONS TO BIDDERS shall be binding on
all Bidders or Offerors and, except to the extent otherwise provided, are incorporated by reference in all contracts
resulting from any written Request for Quotation (RFQ), Invitation to Bid (ITB) or Request for Proposal (RFP)
issued, collectively the ("Request"), to which they are attached and response thereto (Bid) or (Proposal). Use
of the term "bid" in these General Terms and Conditions and Instructions to Bidders or Offeror is not intended
to be restricted to an ITB and shall also affect written RFQ’s or RFP’s.
These instructions are standard for all contracts for commodities or services issued through the Clay County
Utility Authority (the "Authority") Procurement Department. The Authority may delete, supersede, or modify
any of these standard instructions for a particular contract by indicating such change in the IFB Special
Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement.
PART I - CONDITIONS OF BIDDING
1.1 CLARIFICATION OF TERMS: If any Bidder or Offeror has questions about the specifications or
other solicitation documents in connection with an RFQ, RFP or ITB, the prospective Bidder or Offeror
must contact the Procurement Department no later than five (5) business days prior to the date set for
the opening of Bid or Proposals or receipt of Proposals. Any revisions to the solicitation will be made
only by addendum issued by the Procurement Representative. Notifications regarding specifications
may not be considered if received in less than five (5) business days of the date set for opening of Bid
or Proposals or receipt of Bids or Proposals.
1.2 USE OF AUTHORITY FORM AND TERMS AND CONDITIONS: Failure to submit a solicitation
on the official Authority form provided for that purpose or unauthorized modification of or additions to
any portion of the solicitation documents may be a cause for rejection of the Bid or Proposal. The
Authority reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject
any Bid or Proposal which has been modified. The Authority shall not be responsible for any errors or
omissions of the Bidder or Offeror.
The solicitation shall be signed by a representative authorized to legally bind the firm submitting the Bid or
Proposal. By signing the solicitation, the Bidder or Offeror agrees to the terms and conditions of the solicitation
and certifies that it has inspected the job site(s) and shall be deemed to be aware of the conditions under which
the work must be accomplished. Claims, because of failure to inspect the job site, shall not be considered by
the Authority.
1.3 EXCEPTIONS: For purposed of Bid or Proposal evaluation, Bidder or Offeror must indicate any
exceptions, no matter how slight, from the General Terms and Conditions, Special Conditions,
Specifications or Addenda in the space provided on the Bid or Proposal form. No exceptions by a Bidder
or Offeror will be considered or deemed a part of the Bid or Proposal submitted unless such exceptions
are listed in the Bid or Proposal and referenced in the space provided on the Bidder or Offeror proposal
form. If exceptions are not stated or referenced as required, it will be assumed that the product or service
fully complies with the Authority’s terms, conditions, and specifications.
By receiving a Bid or Proposal, the Authority does not necessarily accept any exceptions contained in the Bid
or Proposal. All exceptions submitted are subject to review and approval by the Authority. If any Bid or
Proposal contains material exceptions that, in the Authority’s sole opinion, make that Bid or Proposal
conditional in nature, the Authority reserves the right to reject the Bid or Proposal in its entirety or that part of
the Bid or Proposal which contains material exceptions.
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1.4 NO BID RESPONSE: Offerors electing not to submit a Bid or Proposal in response to this solicitation
should select “No Bid” within the Bonfire Portal https://clayutility.bonfirehub.com. Failure to return the form
may result in your omission from future Bid lists.
1.5 BID OR PROPOSALS FIRM FOR ACCEPTANCE: Bidder or Offeror warrants, by virtue of bidding,
that its Bid or Proposal and the prices quoted in its Bid or Proposal will be firm for acceptance by the
Authority for a period of ninety (90) days from the date of Bid or Proposal opening unless otherwise stated
in the solicitation.
1.6 LATE BID OR PROPOSAL & MODIFICATION OF BID OR PROPOSAL: Any Bid or Proposal
modification received after the exact time specified for receipt of the Bid or Proposal or the modification is
considered a late Bid or Proposal modification and SHALL not be considered.
The Authority is not responsible for delays in delivery of Bid or Proposal. It is the sole responsibility of the
Bidder or Offeror to ensure its Bid or Proposal reaches the CCUA Procurement Department by the designated
date, hour, and location.
a. The official time used in the receipt of Bid or Proposals is that time stamped by the automatic time
stamp within the Bonfire Platform. No submission will be accepted after the designated submission
date.
b. If the Authority closed its office due to inclement weather or for safety reasons, the time for Bid or
Proposals opening or receipt of Bid or Proposals will be extended to the next business day, same
time.
c. Offerors may modify their Bid or Proposals prior to the date and time specified for the bid opening.
Facsimile and hard copy modification of Bid or Proposals shall not be accepted unless the solicitation
allowed submittal by facsimile.
1.7 WITHDRAWAL OF BID OR PROPOSALS: A Bidder or Offeror for a contract may request withdrawal
of his or her Bid/Proposal under the following circumstances:
a. Bid or Proposals may be withdrawn on written requests from the Bidders or Offerors received at the
address shown in the solicitation prior to the time of acceptance.
b. Requests for withdrawal of Bid or Proposals after opening of such Bid or Proposals but prior to
award shall be transmitted to the Authority’s Procurement Department, in writing, accompanied by
full documentation supporting the request. If the request is based on a claim of error, documentation
must show the basis of error. Such documentation may take the form of supplier quotations, Offeror
work sheets, etc. If bid bonds were tendered with the Bid/Proposal the Authority may exercise its
right of collection.
c. Bid or Proposals shall not be withdrawn after award of a contract or issuance of a purchase order.
No plea or claim of mistake in the solicitation or resulting contract or purchase order shall be
available as a defense in any legal proceeding brought upon a contract or purchase order awarded to
a Bidder/Offeror because of the breach or nonperformance of such contract or purchase order.
1.8 ERROR IN BID OR PROPOSALS: When an error is made in extending total prices, the unit bid price
will govern. Erasures in Bid or Proposals must be initialed by the Bidder or Offeror. Carelessness in quoting
prices or in preparation of bid or otherwise, will not relive the Bidder or Offeror of its responsibilities to
provide the good or service. Bidders or Offerors are cautioned to recheck their Bid or Proposal for possible
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errors. Errors discovered after public opening cannot be corrected and the Bidder or Offeror will be required
to perform if his or her Bid or Proposal is accepted.
1.9 IDENTIFICATION OF PROPOSAL ENVELOPE: The signed Bid must be uploaded to the Bonfire
website by the due date and time. Sealed proposal envelope is not required. The sealed proposal will be
submitted electronically.
1.10 PRICING
a. Bidder or Offeror warrants by virtue of bidding that prices, terms and conditions quoted in its Bid or
Proposal will be firm for acceptance for a period of ninety (90) days from the date of Bid or Proposal
opening unless otherwise stated by the Authority or Bidder or Offeror.
b. Prices should be stated in units of quantity as specified in the Bid/Proposal form.
c. Bid or Proposal prices shall be for complete installation ready for the Authority’s use and shall
include all applicable freight and installation charges; extra charges not allowed.
d. When an annual contract is not requested by the Authority and the Bid or Proposal is for products or
services to be delivered on a one-time only or staggered basis, only firm pricing shall be given
consideration. General terms such as "price in effect at time of delivery" shall not be considered.
e. Firm Price and Price Escalation or De-Escalation. All prices are to remain firm for a period of one
(1) year from the effective date of the contract. The Authority will consider price escalation or de-
escalation on prior to the annual anniversary date of the contract effective date. Escalation and de-
escalation will be reviewed by the Authority on an item-by-item basis.
Supplier/Contractor/Consultant may request increases or decreases in price as follows:
Within at least ninety (90) days prior to the expiration of the current term, the
Supplier/Contractor/Consultant may submit a written request for escalation or de-escalation only on
items for which it can no longer honor the awarded price. The request must include the Authority's
stock number, if applicable, a brief description of the item, and a new price that will remain firm
until the next anniversary date.
CCUA reserves the right to:
A. Grant or decline any request for escalation or de-escalation with or without cause.
B. Request documentation from the referenced parts manufacturer justifying any requested increase. In
the event of such request the Authority will only allow the Supplier/Contractor/Consultant to increase
its contract price by the amount of the actual increase as provided by the parts manufacturer.
C. The justification for the increase shall be based on an average of the previous twelve (12) months of
the overall Consumer Price Index (CPI).
Any decision of the Authority to grant or decline a request for price adjustment will be at the Authority’s
sole discretion and its decision shall be final. Annual rate adjustments for services will be at the discretion
of the Authority.
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1.11 TIE BID OR PROPOSALS: A Drug Free Workplace Statement must be completed, signed, and
returned prior to award of Bid or Proposal. This form will be used whenever two or more Bid or Proposals that
are identical with respect to price, quality, delivery, and service are received; a Bid or Proposal received from a
business that certifies that it has implemented a drug-free workplace program shall be given preference in the
award process.
1.12 TAX EXEMPTION: The Authority is exempt from Federal excise and State sales taxes. Tax exemption
number is 85-8012536416C-5 and is also stipulated on our Purchase Orders.
1.13 LICENSES, PERMITS, AND FEES: All Bid or Proposals submitted shall have included a list of any
business and professional licenses, permits, or fees required by the Authority.
END OF SECTION 1
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PART II - DEFINITIONS/ORDER OF PRECEDENCE
2.1 BIDDING DEFINITIONS: The Authority will use the following definitions in its these CONDITIONS
AND INSTRUCTIONS TO BIDDERS OR OFFERORS and in its general conditions, special
conditions, technical specifications, instructions to Bidders or Offerors, addenda, and any other
document used in the bidding process:
a. INVITATION TO BID – (ITB) when the Authority is requesting Bids from qualified Bidders.
b. REQUEST FOR PROPOSAL – (RFP) when the Authority is requesting proposals from qualified
Offerors.
c. REQUEST FOR QUOTATION – (RFQ) when the Authority is requesting quotes from qualified
Bidders or Offerors.
d. BID – a price and terms quote received in response to an ITB.
e. PROPOSAL – a proposal received in response to an RFP or RFQ.
f. BIDDER – person or firm submitting a Bid.
g. OFFEROR – person or firm submitting a Proposal.
h. RESPONSIVE BIDDER – a person whose bid conforms in all material respects to the terms and
conditions included in the ITB.
i. RESPONSIBLE BIDDER – a person who has the capability in all respects to perform in full the
contract requirements, as stated in the ITB, and the integrity and reliability that will assure good faith
performance.
j. SUCCESSFUL OFFEROR – a successful bidder or offeror who is awarded a purchase order, award
contract, blanket purchase order agreement, or term contract to provide goods or services to the
Authority.
k. CONTRACT – a written agreement for the procurement or disposal of equipment, materials,
supplies, or services but not for public construction.
l. PUBLIC ENTITY CRIME and CONVICTED OFFEROR LIST have the meanings set out in Section
287.133, Florida Statutes.
2.2 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in
variance or conflict with these General Conditions shall have precedence over these General Conditions,
except as otherwise provided. If no changes or deletions to the General Conditions are made in the
Special Conditions, then the General Conditions shall prevail in their entirety.
END OF SECTION 2
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PART III - SPECIFICATIONS
3.1 BRAND NAME OR EQUAL: When the technical specifications call for a brand name, manufacturer,
make, model, or offeror catalog number with acceptance of APPROVE EQUAL, it shall be for the
purpose of establishing a level of quality and features desired and acceptable to the Authority. In such
cases, the Authority will be receptive to any unit that would be considered by qualified Authority
personnel as an approved equal. In that the specified make and model represent a level of quality and
features desired by the Authority; the Bidder or Offeror must state clearly in its bid any exceptions from
those specifications. It is the Bidder’s or Offeror's responsibility to provide adequate information in its
Bid or Proposal, to enable the Authority to ensure that the Bid or Proposal meets the required criteria. If
adequate information is not submitted with the Bid or Proposal, it may be rejected. The Authority will
be the sole judge in determining if the item Bid or Proposal qualifies as an approved equal.
3.2 FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no
substitutes, no deviation there from will be permitted and the Bidder or Offeror will be required to furnish
articles in conformity with that specification.
3.3 EQUIPMENT STANDARDS: Any equipment delivered shall be standard new equipment, latest
model, the best quality, and the highest-grade work, except as otherwise specifically stated in the Bid or
Proposal. Any part of nominal appurtenances which are usually provided in the manufacturer’s stock
model shall be furnished.
3.4 ANNUAL CONTRACT USAGE REQUIREMENTS: Whenever a Bid or Proposal is sought seeking
a source of supply for an annual contract for products or services, the quantities or usage shown are
estimates only. No guarantee or warranty is given or implied by the Authority as to the total amount that
may not be purchased from any resulting contract. These quantities are for Bidder or Offerors
information only and will be used for tabulation and presentation of Bid or Proposals
END OF SECTION 3
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PART IV - BIDDING AND AWARD PROCEDURES
4.1 AWARD OR REJECTION OF BID OR PROPOSALS: The Authority reserves the right to accept or
reject any or all Bid or Proposals and to waive minor irregularities or variations to specifications
contained in Bid or Proposals, and minor irregularities in the bidding process. The Authority reserves
the right to award the contract on a split order basis; lump sum basis, individual item basis, or such
combination as shall best serve the interest of the Authority. The Authority reserves the right to make
an award to the responsive and responsible bidder whose product or service meet the terms, conditions,
and specifications of the ITB and whose Bid or Proposal is considered to best the Authority’s interest.
In determining the responsiveness of the offer and the responsibility of the Bidder or Offeror, the
following shall be considered:
a. the ability, capacity and skill of the Bidder or Offeror to perform as required
b. whether the Bidder or Offeror can perform promptly, or within the time specified, without delay or
interference
c. the character, integrity, reputation, judgment, experience and efficiency of the bidder
d. the quality of past performance by the Bidder or Offeror
e. the previous and existing compliance by the Bidder or Offeror with related laws, ordinances,
administrative rules and orders and resolutions and requirements of the Authority.
f. the sufficiency of the Bidder’s or Offeror's financial resources
g. the availability, quality and adaptability of the Bidder’s or Offeror's supplies or services to the
required use
h. the ability of the Bidder or Offeror to provide future maintenance, service or parts
i. the number and scope of conditions attached to the Bid or Proposal.
If the ITB or RFQ provides for a contract trial period, the Authority reserves the right, in the event the selected
Bidder or Offerors does not perform satisfactorily, to award for a trial period to the next ranked Bidder or Offeror
or to award a contract to the next ranked Bidder or Offeror, if that Bidder or Offeror has successfully provided
services to the Authority in the past. This procedure to continue until a Bidder or Offeror is selected or the
contract is re-bid, at the sole option of the Authority.
4.2 QUALIFICATIONS OF BIDDERS OR OFFERORS: The Authority may make such reasonable
investigations as it deems proper and necessary to determine the ability of the Bidder or Offeror to
perform the work/furnish the item(s) and the Bidder or Offeror or shall furnish to the Authority all such
information and data for this purpose as may be requested. The Authority reserves the right to inspect
Bidder’s or Offeror's physical facilities prior to award to satisfy questions regarding the Bidder’s or
Offeror capabilities. The Authority further reserves the right to reject any Bid or Proposal if the evidence
submitted by or investigations of such Bidder or Offeror is properly qualified to carry out the obligations
of the contract and to complete the work/furnish the item(s) contemplated herein.
4.3 USE OF OTHER GOVERNMENTAL CONTRACTS: The Authority reserves the right to reject any
part of all of any Bid or Proposal received and utilize other available governmental contracts, is such
action is in its best interest.
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4.4 PUBLIC ENTITY CRIMES: "A person or affiliate who has been placed on the convicted Offeror list
following a conviction for a public entity crime may not submit a Bid or Proposal on a contract to provide
any goods or services to a public entity, may not submit a Bid or Proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit Bid or Proposals
on leases of real property to a public entity, may not be awarded or perform works as a successful Offeror,
supplier, sub successful Offeror, 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 Offeror
list."
4.5 PUBLIC RECORDS: Florida law provides that municipal records shall at all times is open for personal
inspection by any person. Section 119.01, F.S., the Public Records Law. Sealed Bid or Proposals
received by the Authority in connection with an ITB, RFP or RFQ shall be deemed to be public records
subject to public inspection upon award, recommendation for award, or 10 days after bid opening,
whichever occurs first. However, certain exemptions to the public records law are statutorily provided
for in Section 119.07, F.S. If the Bidder or Offeror believes any of the information contained in its
response is exempt from the Public Records Law, and then the Bidder or Offeror must in his or her
response specifically identify the material which is deemed to be exempt and cite the legal authority for
the exemption, otherwise, the Authority will treat all materials received as non-exempt. The Authority’s
determination of whether an exemption applies shall be final, and the Bidder or Offeror agrees to defend,
indemnify, and hold harmless the Authority and the Authority’s officers, employees and agents, against
any loss or damages, including but not limited to attorneys’ fees, incurred by any person or entity as a
result of the Authority’s treatment of records as public records.
4.6 PROHIBITION OF INTEREST: No member, officer, agent, or employee of the Authority, either for
himself or as agent for anyone else or as a stockholder or owner in any other legal entity, shall participate
in or benefit directly or indirectly from any sale, purchase, lease, contract or other transaction entered
into by the Authority. No contract will be awarded to a bidding firm in violation of the foregoing
provision or in violation of Part III of Chapter 112, Florida Statutes. Any firm in which any member of
the Board of Supervisors of the Authority or any officer or employee of the Authority or such individual’s
spouse or child is an officer, partner, director or proprietor or in which any such individual or any
combination of them has a material interest as defined in Part III of Chapter 112, Florida Statutes, must
disclose such interest and must fully comply with state law, including the Authority’s governing act and
Part III of Chapter 163, Florida Statutes and may be precluded from obtaining an award.. Bidders or
Offerors must disclose any such affiliation or material interest. Failure to disclose any such affiliation
or material interest will result in disqualification of the Bidder or Offeror and removal of the Bidder or
Offeror from the Authority’s Bidder’s or Offeror's list and prohibition from engaging in any business
with the Authority.
END OF SECTION 4
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PART V - BONDS AND INSURANCE
5.1 PERFORMANCE BOND/IRRECOVABLE LETTER OF CREDIT: If a performance bond or
irrevocable letter of credit is required in the Special Conditions, the Successful Offeror shall within
fifteen (15) working days after notification of award, furnish to the Authority a performance bond or an
unconditional irrevocable letter of credit payable to the Clay County Utility Authority, in the face amount
specified in the Special Conditions as surety for faithful performance under the terms and conditions of
the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be
submitted to the Authority thirty (30) days prior to the termination date of the existing performance bond.
The performance bond must be executed by a surety company of recognized standing, authorized to do
business in the State of Florida and having a resident agent. If a letter of credit is chosen, it must be in
a form acceptable to the Authority, drawn on a local bank acceptable to the Authority and issued in favor
of the Authority. If the Bidder or Offeror wishes to use a non-local bank, he must have prior Authority
approval of the requirements to draw against the letter of credit.
5.2 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated.
A bid security can be in the form of a bid bond, postal money order, cashier’s check, or irrevocable letter
of credit. Bid security will be returned to the unsuccessful Bidders or Offerors as soon as practicable
after opening of Bid or Proposals. Bid security will be returned to the successful Bidder or Offeror after
acceptance of the performance bond or irrevocable letter of credit, if required; acceptance of insurance
coverage, if required; and full execution of contract documents, if required; or conditions as stated in the
Special Conditions.
5.3 LETTERS OF CREDIT: Generally, the Authority will require that the bank be rated A or better by a
major rating agency. If the rating of the bank is downgraded below investment grade or if due to other
circumstances, the Authority has concerns about the credit worthiness of an issuing bank, the Bidder or
Offeror may be required to replace the letter of credit with a letter of credit issued by a different bank
acceptable to the Authority or with a performance bond or, in the case of Bid Security with a letter of
credit issued by a different bank acceptable to the Authority or with a bid bond, postal money order,
cashier's check.
5.4 INSURANCE: If the Successful Offeror is required to go on the Authority property to perform work or
services because of contract award, the Successful Offeror shall assume full responsibility and expense
to obtain all necessary insurance as required by the Authority or specified in the Special Conditions. The
Successful Offeror shall provide to the Authority original certificates and coverage and receive
notification of approval of those certificates by the Authority’s Risk and Safety Manager prior to
engaging in any activities under this contract. The Successful Offeror’s insurance is subject to the
approval of the Authority’s Risk and Safety Manager. The certificates must list the Authority as
ADDITIONAL INSURED and shall have no less than thirty (30) days written notice of cancellation or
material change. Further modification of the insurance requirements may be made at the sole discretion
the Authority’s Risk and Safety Manager if circumstances change, or adequate protection of the
Authority is not presented.
END OF SECTION 5
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PART VI - PURCHASE ORDER AND CONTRACT TERMS
6.1 CONFIDENTIALITY AND OWNERSHIP OF DATA: Any reports, information, intellectual
property, data, drawings, specifications estimate, and summaries given to or prepared or assembled by
the Successful Offeror under the Scope of Work of the contract, shall not be made available to any
individual or organization by the Successful Offeror without prior written approval of the Authority. All
items shall become the property of the Authority upon payment of fees as required by the contract.
6.2 OBLIGATIONS OF THE AUTHORITY AND SUCCESSFUL OFFEROR: Authority: The
Authority shall furnish to the Successful Offeror all available information as listed in the solicitation that
may be useful for the contract work. The Authority shall assist the Successful Offeror in obtaining
access to enter upon public and private property as required to perform the contract work. The Authority
shall designate a representative who shall serve as the principal contact and give direction to the
Successful Offeror throughout the duration of the contract. Successful Offeror: The Successful Offeror
represents that he has, or shall secure at his expense, all personnel, including sub successful Offerors
required to perform and complete the Scope of Work.
6.3 PAYMENT TERMS: Unless otherwise provided in the solicitation payment will be made thirty (30)
days after receipt of a proper invoice with complete supporting documentation, or thirty (30) days after
receipt of all goods or acceptance of work, whichever is the latter.
6.4 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with
applicable requirements of the Occupational Safety and Health Act of 1970 as amended, and be in
compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the
Florida Administrative Code delivered as a result of this order must be accompanied by a completed
Material Safety Data Sheet (MSDS).
6.5 OTHER GOVERNMENTAL ENTITIES: If the Bidder or Offeror is awarded a contract as a result of
this RFP, IFB or RFQ he or she will, if has sufficient capacity or quantities available, provide to other
governmental agencies so requesting, the products or services awarded in accordance with the terms and
conditions of the RFP, ITB or RFQ and resulting contract. Prices shall be F.O.B. delivered to the
requesting agency.
6.6 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated
or executed by the Successful Offeror because of any discussions with any Authority employee. Only
those communications which are in writing from an authorized Authority representative may be
considered. Only written communications from Successful Offerors, which are assigned by a person
designated as authorized to bind the Successful Offeror, will be recognized by the Authority as duly
authorized expressions on behalf of Successful Offerors.
6.7 INDEPENDENT SUCCESSFUL OFFEROR: The Successful Offeror is an independent successful
Offeror under this Agreement. Personal services provided by the Bidder or Offeror shall be employees
of the Successful Offeror and subject to supervision by the Successful Offeror, and not as officers,
employees, or agents of the Authority. Personal policies, tax responsibilities, social security, health
insurance, employee benefits, purchasing policies unless otherwise stated in this solicitation and other
similar administrative procedures applicable to services rendered under this contract shall be those of
the Successful Offeror.
6.8 INDEMNITY/HOLD HARMLESS AGREEMENT: The Successful Offeror agrees to protect,
defend, indemnify, and hold harmless the Authority and its officers, employees and agents from and
against any and all losses, penalties, damages, settlements, claims, costs, charges for other expenses,
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litigation, whether in court or before an administrative body, or liabilities of every and any kind including
attorney fees, in connection with or arising directly or indirectly out of the work agreed to or performed
by Successful Offeror under the terms of any agreement that may arise due to the bidding process.
Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury,
death, damage to property, defects in materials or workmanship, actual or alleged violations of any
applicable Statute, ordinance, administrative order, rule or regulation, or decree of any court shall be
included in the indemnity hereunder.
6.9 TERMINATION FOR CAUSE: If, through any cause, the Successful Offeror shall fail to fulfill in a
timely and proper manner its obligations under this Agreement, or if the Successful Offeror shall violate
any of the provisions of this Agreement, the Authority may upon written notice to the Successful Offeror
terminate the right of the Successful Offeror to proceed under this Agreement, or with such part or parts
of the Agreement as to which there has been default, and may hold the Successful Offeror liable for any
damages caused to the Authority by reason of such default and termination. In the event of such
termination, any completed services performed by the Successful Offeror under this Agreement shall at
the option of the Authority become the Authority’s property and the Successful Offeror shall be entitled
to receive equitable compensation for any work completed to the satisfaction of the Authority, not to
exceed an amount equal to percentage of the contract price representing the percentage of the work
completed satisfactorily. The Successful Offeror, however, shall not be relieved of liability to the
Authority for damages sustained by the Authority by reason of any breach of the Agreement by the
Successful Offeror and the Authority may withhold any payments to the Successful Offeror for the
purpose of setoff until such time as the amount of damages due to the Authority from the Successful
Offeror can be determined.
6.10 TERMINATION FOR CONVENIENCE: The Authority reserves the right, in its best interest as
determined by the Authority, to cancel contract by giving written notice to the Successful Offeror thirty
(30) days prior to the effective date of such cancellation.
6.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the Authority for payment
to a Successful Offeror is limited to the availability of funds appropriated in a current fiscal period and
continuation of the contract into subsequent fiscal period is subject to appropriation of funds, unless
otherwise authorized by law.
6.12 RECORDS/AUDIT: The Successful Offeror shall maintain during the term of the contract all books of
account, reports and records in accordance with generally accepted accounting practices and standards
for records directly related to this contract. The form of all records and reports shall be subject to the
approval of the Authority’s Auditors. The Successful Offeror agrees to make available to the Authority’s
Auditors during normal business hours all books of account, reports, and records relating to this contract
for the duration of the contract and retain them for a minimum period of three (3) years beyond the last
day of the contract term.
6.13 LAWS/ORDINANCES: The Successful Offeror shall observe and comply with all Federal, state, local
and municipal laws, ordinances rules and regulations as well as all resolutions or directives of the
Authority that would apply to this contract.
6.14 NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or
national origin in the operations conducted under this contract.
6.15 ELIGIBILITY: If applicable, the Successful Offeror must first register with the Department of State of
the State of Florida in accordance with Florida Statutes, prior to entering a contract with the Authority.
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6.16 COPYRIGHTS OR PATENT RIGHTS: The Bidder or Offeror certifies by submission of
Bid/Proposal that there has been no violation of copyrights or patent rights in manufacturing, producing,
or selling the product or services shipped or ordered as a result of this Bid or Proposal. The successful
Bidder or Offeror shall, at its own expense defend any and all actions or suits charging such infringement
and will save the Authority, its officers, employees, and agents harmless from any and all liability, loss,
or expense occasioned by any such violation.
6.17 INVOICES: Invoices for items ordered, delivered, and accepted shall be submitted by the Successful
Offeror directly to the email address shown on the purchase order/contract. All invoices shall show the
IFB/RFP number and or purchase order number.
6.18 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and
conditions, the Authority after due oral and written notice, may procure them from other sources and
hold the Successful Offeror responsible for any resulting additional purchase and administrative costs.
6.19 DELIVERY: In the appropriate space, the Bidder or Offeror shall state the time of proposed delivery
or project completion in number of calendar days. Unless otherwise specified, calendar days shall be
presumed. Unless otherwise specified, quote the earliest delivery possible as this may be considered a
factor in making award. Delivery expressed in calendar days may be given preference over such general
terms as "stock immediately" and "as soon as possible". As time will be of the essence for any orders
placed as a result of this bid, the Authority reserves the right to cancel such orders or any part thereof,
without obligation if delivery is not made at the time(s) specified on the bid form.
END OF SECTION 6
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PART VII - DELIVERY PROVISION
7.1 SHIPPING INSTRUCTIONS-CONSIGNMENT: Unless otherwise specified in the solicitation of
each case, crate, barrel, package, etc., delivered under the contract must be plainly stenciled or securely
tagged, stating the Successful Offeror’s name, purchase order number, and delivery address as indicated
in the order. Where shipping containers are to be used, each container must be marked with the purchase
order number, name of Successful Offeror, the name of the item, the item number, and the quantity
contained therein. Deliveries must be made within the hours of 8:00 a.m. – 3:00 p.m. Deliveries at any
other time will not be accepted unless specific arrangements have been previously made with designated
individual at the delivery point. No deliveries will be accepted on Saturdays, Sundays and holidays
unless previous arrangements have been made. It shall be the responsibility of the Successful Offeror to
insure compliance with these instructions for items that are drop shipped.
7.2 RESPONSIBILITY FOR SUPPLIES TENDERED: The Successful Offeror shall be responsible for
loss or damage to materials or supplies covered by the contract until they are delivered at the designated
point, a physical inspection is made by the Authority and the material or supplies are accepted by the
Authority. The Successful Offeror shall bear all risk of loss or damage to rejected materials or supplies
and for all materials and supplies prior to acceptance by the Authority. Rejected materials or supplies
must be removed by and at the expense of the Successful Offeror promptly after notification of rejection,
unless public health and safety require immediate destruction or other disposal of rejected delivery. If
rejected materials are not removed by the Successful Offeror within ten (10) days after date of
notification, the Authority may return the rejected materials or supplies to the Successful Offeror at his
or her risk and expense or dispose of them as its own property.
7.3 TESTING AND INSPECTION: The Authority reserves the right to conduct any test/inspection it may
deem advisable to assure that of supplies and services conform to the specifications. Inspection and
acceptance of materials or supplies will be made after delivery at destinations herein specified unless
otherwise stated. If inspection is made after delivery at destination herein specified, the Authority will
bear the expense of inspection except for the value of samples used in case of rejection. Final inspection
shall conclusive except in regard to latent defects, fraud or such gross mistakes as to amount to fraud.
Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as
practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on
the Authority for such materials or supplies as are not in accordance with the specifications.
7.4 COMPLIANCE: Delivery must be made as ordered and in accordance with the solicitation or as
directed by the Procurement Department when not in conflict with the bid/contract. The decision the
Authority as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in
receipt of goods by the purchaser shall rest with the Successful Offeror. Any request for extension of
time of delivery from that specified must be approved by the Procurement Department, such extension
applying only to the particular item or shipment affected. Should the Successful Offeror be delayed by
the Authority, there shall be added to the time of completion a time equal to the period of such delay
caused by the Authority. However, the Successful Offeror shall not be entitled to claim damages of
extra compensation for such delay or suspension.
7.5 POINT OF DESTINATION: All materials shipped to the Authority must be shipped F.O.B.
DESTINATION unless otherwise stated in the contract. The materials must be delivered to the "Ship
To" address indicated on the purchase order.
7.6 REPLACEMENT: Materials or components that have been rejected by the Procurement Department,
in accordance with the terms of the contract, shall be replaced by the Successful Offeror at no cost to the
Authority.
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7.7 PACKAGING SLIPS OR DELIVERY TICKETS: All shipments shall be accompanied by packing
slips or delivery tickets and shall contain the following information for each item delivered:
a. purchase order number/contract number
b. name of article and stock number
c. quantity ordered
d. quantity shipped
e. quantity back ordered
f. the name of the Successful Offeror
Successful Offerors are cautioned that failure to comply with these conditions shall be considered sufficient
reason for refusal to accept the goods.
7.8 SAMPLES: Evidence in the form of samples may be requested if brand being quoted upon is other than
as specified. The Authority reserves the right to request that such samples be furnished at the time of
bid opening. The Authority also reserves the right to request samples after the date of bid opening.
Requested samples must be furnished free of expense to the Authority and if not used in testing or
destroyed, will, upon request, be returned at the Bidder’s or Offeror's expense.
END OF SECTION 7
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PART VIII – BIDDER / OFFEROR / SUCCESSFUL OFFEROR REMEDIES
8.1 PROTEST OF AWARD OR DECISION TO AWARD/EXHAUSTION OF ADMINISTRATIVE
PROCEEDING: A written notice of protest must be made within seventy-two (72) hours following posting of
the recommendation for award. Protest procedures stated in Resolution Number 2020/2021-04 are available
from the Authority’s Procurement Department. The Bidder or Offeror must exhaust the administrative protest
procedures before bringing suit. Failure to file a protest within the time prescribed herein and to exhaust the
remedy provided by the Authority for such bid protest shall constitute a waiver of the right to bring suit.
8.2 DISPUTES: In the case of any doubt or differences of opinion as to the items to be furnished hereunder,
the directions of the Board of Supervisors for the Authority’s Executive Director shall be final and binding
on both parties.
8.2.1.1 NO CONSEQUENTIAL DAMAGES: Consequential damages shall not be available to a Successful
Offeror for breach of contract by the Authority.
8.3 NO DAMAGES REMEDY TO OFFEROR OR BIDDER: An Offeror or Bidder who is unsuccessful
shall not have a damages remedy as a result of the rejection of the Bid or Offer but shall be limited to the
administrative remedies provided by the Authority and, after exhausting such remedies, the further remedy
of declaratory relief or, in a proper case, injunction. Venue shall in all cases be in Clay County, Florida.
8.4 PERSONAL PRONOUNS AND TERMINOLOGY. The personal pronouns are used interchangeably
regardless of sex and regardless of the legal status or identity of the entity or person to which the terms
apply.
8.5 PRECEDENCE IN TERMS
In the event of a conflict, the Special Terms and Conditions shall take precedence.
8.6 INCURRED EXPENSES
This ITB does not commit the Authority to award a contract, nor shall the Authority be responsible for
any cost or expense which may be incurred by the bidder in preparing and submitting the Submittal called
for in this solicitation, or any cost or expense incurred by the bidder prior to the execution of a contract
agreement.
8.7 BANKRUPTCY/INSOLVENCY
At the time of bid submittal, the bidder shall not be in the process of or engaged in any type of
proceedings in insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings.
If the bidder is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency or
receivership, the Authority may, at its option, terminate and cancel said contract, in which event all
rights hereunder shall immediately cease and terminate.
8.8 INDEPENDENT SUCCESSFUL OFFEROR STATUS AND COMPLIANCE WITH THE
IMMIGRATION REFORM AND CONTROL ACT OF 1986
The Successful Offeror is and shall remain an independent Successful Offeror and is neither agent,
employee, partner, nor joint venture of Authority. Successful Offeror acknowledges that he/she is
responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 located
at 8 U.S.C. 1324 et. Seq., and regulations relating thereto, as either may be amended from time to time.
Failure to comply with the above provisions shall be considered a material breach and shall be grounds
for immediate termination of the contract, at the discretion of the Authority.
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8.9 INDEMNIFICATION
The Authority shall not be responsible for property damage, personal injury, or death to persons, which
occurs without fault on the part of the Authority, as a result of or incident to the performance of the
awarded firm. To the fullest extent permitted by laws and regulations, the awarded firm shall indemnify
and hold harmless the Authority, its officers, employees, agents and other consultants of each and any of
them from and against all claims, costs, losses and damages caused by, arising out of, or resulting from
the performance of the work, provided that any such claim, cost, loss or damage is (1) attributable to
bodily injury, sickness, disease or death resulting therefrom and (2) is caused in whole or in part by
negligent act or omission of awarded firm, any subcontractor, any supplier, any person or organization
directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose
acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission
of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party
by laws and regulations regardless of the negligence of any such person or entity.
END OF SECTION 8
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Scope of Work
CCUA is soliciting competitive Bids to establish a Contract to purchase from a qualified firm,
hereinafter referred to as the (“Contractor”, “Vendor”, or “Supplier”) to provide interior and
exterior signs listed in Exhibit ‘A’.
*Quantities are estimates only. CCUA reserves the right to purchase more or less then the
estimated amount. Bidder’s pricing must remain valid for 90 days.
Insurance Requirements
The Awarded Firm shall submit Certificate of Insurance to CCUA within (15) fifteen business
days after Notice of Intent to Award.
COMMERCIAL GENERAL LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense
Commercial General Liability insurance coverage (ISO or comparable Occurrence Form) for the
life of this Contract. Modified Occurrence or Claims Made forms are not acceptable.
The Limits of this insurance shall not be less than the following limits:
Each Occurrence Limit $1,000,000
Personal & Advertising Injury Limit $1,000,000
Fire Damage Limit (any one fire) $300,000
Medical Expense Limit (any one person) $10,000
Products & Completed Operations Aggregate Limit $1,000,000
General Aggregate Limit (other than Products &
Completed Operations) Applies Per Project $1,000,000
General liability coverage shall continue to apply to “bodily injury” and to “property damage”
occurring after all work on the Site of the covered operations to be performed by or on behalf of
the additional insureds has been completed and shall continue after that portion of “your work”
out of which the injury or damage arises has been put to its intended use.
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense
Workers’ Compensation and Employer’s Liability insurance coverage for the life of this
Contract.
The Limits of this insurance shall not be less than the following limits:
Part One – Workers’ Compensation Insurance – Unlimited
Statutory Benefits as provided in the Florida Statutes and
Part Two – Employer’s Liability Insurance
Bodily Injury By Accident $500,000 Each
Bodily Injury By Disease $500,000 Policy
Bodily Injury By Disease $500,000 Each
*If leased employees are used, policy must include an Alternate Employer’s Endorsement.
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EXCESS LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense Excess
Liability (Umbrella Form) insurance coverage for the life of this Contract.
The Limits of this insurance shall not be less than the following limits:
Each Occurrence Limit $500,000
Aggregate Limit $500,000
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS)
This additional coverage will be required for all projects involving consultants, engineering
services, architectural or design/build projects, independent testing firms and similar exposures.
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense
Professional Liability insurance coverage for the life of this Contract.
If the contract includes a requirement for Professional Liability or Errors and Omissions
insurance, the minimum amount of such insurance shall be as follows:
Each Occurrence/Annual Aggregate $1,000,000
Project Specific
Design Professional Liability coverage will be provided on an Occurrence Form or a Claims
Made Form with a retroactive date to at least the first date of this Agreement. If provided on a
Claims Made Form, the coverages must respond to all claims reported within three years
following the period for which coverage is required and which would have been covered had the
coverage been on an occurrence basis.
CRIME/FIDELITY COVERAGE
This additional coverage will be required for all service providers involving information
technology services, Pension consulting and administration, and similar exposures.
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense
Crime/Fidelity and/or Fiduciary Liability insurance coverage for the life of this Contract.
If the contract includes a requirement for expense Crime/Fidelity and/or Fiduciary Liability
insurance, the minimum amount of such insurance shall be as follows:
Third Party Employee Dishonesty $1,000,000
Contractor/Vendor shall require each of his Sub-Contractor/Vendors to likewise purchase and
maintain at their expense Commercial General Liability insurance, Workers’ Compensation and
Employer’s Liability coverage, Automobile Liability insurance and Excess Liability insurance
coverage meeting the same limit and requirements as the Contractor/Vendors insurance.
Certificates of Insurance acceptable to Clay County Utility Authority for the
Contractor/Vendor’s insurance must be received within five (5) days of Notification of Selection
and at time of signing Agreement.
Certificates of Insurance and the insurance policies required for this Agreement shall contain an
endorsement that coverage afforded under the policies will not be cancelled or allowed to expire
until at least thirty (30) days prior written notice has been given to Clay County Utility
Authority.
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Certificates of Insurance and the insurance policies required for this Agreement will include a
provision that policies, except Workers’ Compensation, are primary and noncontributory to any
insurance maintained by the Contractor/Vendor.
Clay County Utility Authority must be named as an Additional Insured and endorsed onto the
Commercial General Liability (CGL), Auto Liability and Excess Liability policy(ies). A copy of
the endorsement(s) must be supplied to Clay County Utility Authority ten (10) days following
the execution of the agreement or prior to the first date of services, whichever comes first.
CGL policy Additional Insured Endorsement must include Ongoing and Completed Operations
(Form CG2010 11 84 OR Form CG2010 04 13 and GC2037 04 13 edition or equivalent). Other
Additional Insured forms might be acceptable but only if modified to delete the word “ongoing”
and insert the sentence “Operations include ongoing and completed operations”.
CGL policy shall not be endorsed with Exclusion - Damage to Work performed by
SubContractor/Vendors on Your Behalf (CG2294 or CG2295) CGL policy shall not be endorsed
with Contractual Liability Limitation Endorsement (CG2139) or Amendment of Insured Contract
Definition (CG 2426) CGL policy shall not be endorsed with Exclusion - Damage to Premises
Rented to you (CG 2145) CGL policy shall include broad form contractual liability coverage for
the Contractor/Vendors covenants to and indemnification of the Authority under this Contract
Certificates of Insurance and the insurance policies required for this Agreement shall contain a
provision under General Liability, Auto Liability and Workers’ Compensation to include a
Waiver of Subrogation clause in favor of Clay County Utility Authority.
All Certificates of Insurance shall be dated and shall show the name of the insured
Contractor/Vendor, the specific job by name and job number, the name of the insurer, the policy
number assigned its effective date and its termination date and a list of any exclusionary
endorsements.
All Insurers must be authorized to transact insurance business in the State of Florida as provided
by Florida Statute 624.09(1) and the most recent Rating Classification/Financial Category of the
insurer as published in the latest edition of “Best’s Key Rating Guide’ (Property-Casualty) must
be at least A- or above.
All the above referenced Insurance coverage is required to remain in force for the duration of this
Agreement and for the duration of the warranty period. Accordingly, at the time of submission of
final application for payment, Contractor/Vendor shall submit an additional Certificate of
Insurance evidencing continuation of such coverage. CCUA may in addition to certificates
request policies, endorsements, or invoices to verify all coverage under this contract.
If the Contractor/Vendor fails to procure, maintain, or pay for the required insurance, Clay
County Utility Authority shall have the right (but not the obligation) to secure same in the name
of and for the account of Contractor/Vendor, in which event, Contractor/Vendor shall pay the
cost thereof and shall furnish upon demand, all information that may be required to procure such
insurance. Clay County Utility Authority shall have the right to back-charge Contractor/Vendor
for the cost of procuring such insurance. The failure of Clay County Utility Authority to demand
certificates of insurance and endorsements evidencing the required insurance or to identify any
deficiency in Contractor/Vendors coverage based on the evidence of insurance provided by the
Contractor/Vendor shall not be construed as a waiver by Clay County Utility Authority of
Contractor/Vendor’s obligation to procure, maintain and pay for required insurance.
The insurance requirements set forth herein shall in no way limit Contractor/Vendors liability
arising out of the work performed under the Agreement or related activities. The inclusions,
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coverage and limits set forth herein are minimum inclusion, coverage, and limits. The required
minimum policy limits set forth shall not be construed as a limitation of Contractor/Vendor’s
right under any policy with higher limits, and no policy maintained by the Contractor/Vendor
shall be construed as limiting the type, quality, or quantity of insurance coverage that
Contractor/Vendor should maintain. Contractor/Vendor shall be responsible for determining
appropriate inclusions, coverage, and limits, which may be more than the minimum requirements
set forth herein. The insurance of any Contractor/Vendor or any Sub-Contractor/Vendor contains
deductible(s), penalty(ies) or self-insured retention(s), the Contractor/Vendor or Sub-
Contractor/Vendor whose insurance contains such provision(s) shall be solely responsible for
payment of such deductible(s), penalty(ies) or self-insured retention(s).
The failure of Contractor/Vendor to always comply fully and strictly with the insurance
requirements set forth herein shall be deemed a material breach of the Agreement.
CCUA reserves the right to request the purchase of additional coverage or limits on an as needed
basis, based on job type and amount of exposure for specific contracts.
Required Documentation
Attachment A – Addenda Acknowledgement Form
Attachment B – Conflict of Interest
Attachment C – Drug Free Workplace Compliance Form
Attachment D - Non-Collusion Affidavit
Attachment E – Non-Disclosure Agreement for Confidential Material
Attachment F – Public Entities Crime Statement
Attachment G – Public Records Compliance
Attachment H – References
Attachment I – Sample Contract
Exhibit A- List of Interior and Exterior Signs
(located within Bonfire in the Files section)
Page 42 of 68
ATTACHMENT I
ITB-XX-XXX
DRAFT AGREEMENT TEMPLATE
TITLE OF CONTRACT
THIS AGREEMENT for ________ is made and entered between Clay County Utility Authority,
an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the
Florida Legislature, 3176 Old Jennings Road, Middleburg, Florida 32068 (hereinafter referred to as the
“AUTHORITY” or “CCUA”) and name of contractor as listed on Sunbiz, street address, city, state, zip code
(hereinafter referred to as the “CONTRACTOR”).
W I T N E S S E T H:
WHEREAS, the AUTHORITY has competitively solicited [commodity or service] pursuant to ITB-XX-XXX; and
WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it is capable of providing the
required services; and
WHEREAS, the parties hereto have agreed to the terms and conditions cited herein based on said solicitation;
NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties
agree as follows:
SECTION 1. TERM.
The term of this Agreement shall become effective on [INSERT DATE], 20___ and continue through
[INSERT DATE], 201X. The contract may be renewed, subject to written notice of agreement, for four (4) additional
one (1) year periods.
SECTION 2. SCOPE OF SERVICES.
The Contractor shall provide services and accessories listed in Exhibit ‘A,’ which is attached hereto and incorporated
herein.
SECTION 3. OBLIGATIONS OF THE CONTRACTOR.
Obligations of the CONTRACTOR shall include, but not be limited to, the following:
A. It is understood that the CONTRACTOR shall provide and pay for all labor, tools, materials, permits,
equipment, transportation, supervision, and any and all other items or services, of any type whatsoever, which
are necessary to fully complete and deliver the services requested by the AUTHORITY, and shall not have
the authority to create, or cause to be filed, any liens for labor and/or materials on, or against, the
AUTHORITY, or any property owned by the AUTHORITY. Such lien, attachment, or encumbrance, until it
is removed, shall preclude any and all claims or demands for any payment expected by virtue of this
Agreement.
B. The CONTRACTOR will ensure that all of its employees, agents, sub-contractors, representatives,
volunteers, and the like, fully comply with all of the terms and conditions set herein, when providing services
for the AUTHORITY in accordance herewith.
C. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, safety
programs, and procedures necessary to properly and fully complete the work set forth in the Scope of
Services.
D. The CONTRACTOR shall maintain an adequate and competent staff and remain authorized to do business
within the State of Florida. The CONTRACTOR may subcontract the services requested by the
AUTHORITY, with prior written approval from AUTHORITY; however, the CONTRACTOR is fully
responsible for the satisfactory completion of all subcontracted work.
Page 43 of 68
SECTION 4. STANDARD OF CARE.
A. The CONTRACTOR has represented to the AUTHORITY that it possesses a level of knowledge,
experience, and expertise that is commensurate with firms in the areas of practice required for the
services to be provided. By executing this Agreement, the CONTRACTOR agrees that the
CONTRACTOR will exercise that degree of care, knowledge, skill, and ability as any other
similarly situated contractor possessing the degree of skill, knowledge, experience, and expertise
within the local area, working on similar activities. The CONTRACTOR shall perform the services
requested in an efficient manner, consistent with the AUTHORITY’s stated scope of services and
industry standards.
B. The CONTRACTOR covenants and agrees that it and its employees, agents, sub-contractors,
representatives, volunteers, and the like, shall be bound by the same standards of conduct as stated
above.
SECTION 5. COMPENSATION.
A. The amount to be paid under this Agreement for acceptable performance of Interior and Exterior
Signs described in Exhibit ‘A’ shall not exceed [Written Amount plus Dollars followed by ($
numerical amount)], based on the rates specified in Exhibit ‘B.’
Or
The amount to be paid under this Agreement shall be in accordance with the unit prices listed in
Exhibit ‘B’ attached herein.
B. Compensation for services completed by the CONTRACTOR shall be paid in accordance with
section 218.70, Florida Statutes, Florida’s Prompt Payment Act.
C. Services to be performed in accordance with this Agreement are subject to the annual appropriation
of funds by the AUTHORITY. In its sole discretion, the AUTHORITY reserves the right to forego
use of the CONTRACTOR for any project which may fall within the Scope of Services listed herein.
In the event the AUTHORITY is not satisfied with the services provided by the CONTRACTOR,
the AUTHORITY will hold any amounts due until such time as the CONTRACTOR has
appropriately addressed the problem.
SECTION 6. TERMINATION.
The AUTHORITY may terminate this Agreement, with or without cause, given thirty (30) days written notice to
CONTRACTOR prior to the effective date of such cancellation.
SECTION 7. TERMINATION FOR CAUSE.
The AUTHORITY may terminate this Agreement, without further obligation, upon written notice to the
CONTRACTOR if the CONTRACTOR breaches any material term of the Agreement and such breach remains
uncured for ________ (#) days after receipt of said notice.
SECTION 8. PAYMENT WHEN SERVICES ARE TERMINATED.
A. In the event of termination of this Agreement by the AUTHORITY, and not due to the fault of the
CONTRACTOR, the AUTHORITY shall compensate the CONTRACTOR for all authorized
services performed prior to the effective date of termination.
Page 44 of 68
B. In the event of termination of this Agreement due to the fault of the CONTRACTOR, or at the
written request of the CONTRACTOR, the AUTHORITY shall compensate the CONTRACTOR
for all authorized services completed, prior to the effective date of termination, which have resulted
in a usable product or otherwise tangible benefit to the AUTHORITY. All such payments shall be
subject to an off-set for any damages incurred by the AUTHORITY resulting from any delay
occasioned by early termination. This provision shall in no way be construed as the sole remedy
available to the AUTHORITY in the event of breach by the CONTRACTOR.
SECTION 9. INSURANCE.
A. The CONTRACTOR shall maintain the following types of insurance, with the respective limits, and
shall provide proof of same to the AUTHORITY, in the form of a Certificate of Insurance prior to the
start of any work hereunder:
COMMERCIAL GENERAL LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense Commercial
General Liability insurance coverage (ISO or comparable Occurrence Form) for the life of this
Contract. Modified Occurrence or Claims Made forms are not acceptable.
The Limits of this insurance shall not be less than the following limits:
Each Occurrence Limit $1,000,000
Personal & Advertising Injury Limit
$1,000,000
Fire Damage Limit (any one fire) $300,000
Medical Expense Limit (any one person) $10,000
Products & Completed Operations Aggregate Limit $1,000,000
General Aggregate Limit (other than Products &
Completed Operations) Applies Per Project $1,000,000
General liability coverage shall continue to apply to “bodily injury” and to “property damage”
occurring after all work on the Site of the covered operations to be performed by or on behalf of the
additional insureds has been completed and shall continue after that portion of “your work” out of
which the injury or damage arises has been put to its intended use.
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense Workers’
Compensation and Employer’s Liability insurance coverage for the life of this Contract.
The Limits of this insurance shall not be less than the following limits:
Part One – Workers’ Compensation Insurance – Unlimited
Statutory Benefits as provided in the Florida Statutes and
Part Two – Employer’s Liability Insurance
Bodily Injury By Accident $500,000 Each
Bodily Injury By Disease $500,000 Each
Bodily Injury By Disease $500,000 Each
*If leased employees are used, policy must include an Alternate Employer’s Endorsement.
AUTOMOBILE LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense Automobile
Liability insurance coverage for the life of this Contract.
The Limits of this insurance shall not be less than the following limits:
Combined Single Limit – Each Accident $1,000,000
Page 45 of 68
Covered Automobiles shall include any auto owned or operated by the insured Contractor/Vendor,
insured Sub-Contractor/Vendor including autos which are leased, hired, rented, or borrowed, including
autos owned by their employees which are used in connection with the business of the respective
Contractor/Vendor or Sub-Contractor/Vendor.
EXCESS LIABILITY INSURANCE
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense Excess
Liability (Umbrella Form) insurance coverage for the life of this Contract.
The Limits of this insurance shall not be less than the following limits:
Each Occurrence Limit $500,000
Aggregate Limit $500,000
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS)
This additional coverage will be required for all projects involving consultants, engineering services,
architectural or design/build projects, independent testing firms and similar exposures.
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense Professional
Liability insurance coverage for the life of this Contract.
If the contract includes a requirement for Professional Liability or Errors and Omissions insurance, the
minimum amount of such insurance shall be as follows:
Each Occurrence/Annual Aggregate $1,000,000
Project Specific
Design Professional Liability coverage will be provided on an Occurrence Form or a Claims Made
Form with a retroactive date to at least the first date of this Agreement. If provided on a Claims Made
Form, the coverages must respond to all claims reported within three years following the period for
which coverage is required and which would have been covered had the coverage been on an
occurrence basis.
CRIME/FIDELITY COVERAGE
This additional coverage will be required for all service providers involving information technology
services, Pension consulting and administration, and similar exposures.
The Contractor/Vendor shall purchase and maintain at the Contractor/Vendor’s expense Crime/Fidelity
and/or Fiduciary Liability insurance coverage for the life of this Contract.
If the contract includes a requirement for expense Crime/Fidelity and/or Fiduciary Liability insurance,
the minimum amount of such insurance shall be as follows:
Third Party Employee Dishonesty $1,000,000
B. The CONTRACTOR shall name “Clay County Utility Authority” as a certificate holder and as additional
insured, to the extent of the services to be provided hereunder, on all required insurance policies, and
provide the AUTHORITY with proof of same.
C. The CONTRACTOR, and any authorized sub-contractor(s), shall provide the AUTHORITY’s
Procurement Department with a Certificate of Insurance evidencing such coverage for the duration of this
Agreement. Said Certificate of Insurance shall be dated and show:
1. The name of the insured CONTRACTOR;
2. The specified job by name and job number;
3. The name of the insurer;
4. The number of the policy;
5. The effective date;
6. The termination date; and
7. A statement that the insurer will mail notice to the AUTHORITY at least thirty (30) days prior to
any material changes in the provisions or cancellation of the policy.
Page 46 of 68
D. Receipt of certificates or other documentation of insurance or policies or copies of policies by the
AUTHORITY, or by any of its representatives, which indicates less coverage than is required, does not
constitute a waiver of the CONTRACTOR’s obligation to fulfill the insurance requirements specified
herein.
E. The CONTRACTOR shall ensure that any sub-contractor(s), hired to perform any of the duties contained
in the Scope of Services of this Agreement, maintain the same insurance requirements set forth herein. In
addition, the CONTRACTOR shall maintain proof of same on file and made readily available upon request
by the AUTHORITY.
SECTION 10. AUTHORITY OBLIGATIONS.
At the CONTRACTOR’s request, the AUTHORITY agrees to provide, at no cost, all pertinent information
known to be available to the AUTHORITY to assist the CONTRACTOR in providing and performing the required
services.
SECTION 11. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT.
The following documents are hereby incorporated and made part of this Agreement:
1. Exhibit A – Solicitation document ITB-XX-XXX
2. Exhibit B – Original bid submitted by Contractor
3. Exhibit C – Other exhibits, aerial photos, or plans
In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and Exhibit “A,”
the provisions of the Agreement shall take precedence.
SECTION 12. APPLICABLE LAW, VENUE, JURY TRIAL.
The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in Clay County, Florida.
The parties hereby waive their right to trial by jury in any action, proceeding or claim, arising out of this Agreement,
which may be brought by either of the parties hereto.
In all respects, this Agreement is governed by and construed in accordance with the laws of the State of Florida without
giving effect to any choice of law rules thereof that may direct the application of the laws of another jurisdiction.
SECTION 13. PUBLIC RECORDS COMPLIANCE.
A. If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the
Contractor’s duty to provide public records relating to this Agreement, contact the custodian of
public records at the following:
Public Records
3176 Old Jennings Road
Middleburg, Florida 32068
(904) 272-5999
Recordsrequest@clayutility.org
B. The CONTRACTOR understands that by virtue of this Agreement all of its documents, records and
materials of any kind, relating to the relationship created hereby, shall be open to the public for
inspection in accordance with Florida law. If CONTRACTOR shall act on behalf of the
AUTHORITY, as provided under section 119.011(2), Florida Statutes, as amended, the
Page 47 of 68
CONTRACTOR, subject to the terms of section 287.058(1) (c), Florida Statutes, as amended, and
any other applicable legal and equitable remedies, shall:
1) Keep and maintain public records that ordinarily and necessarily would be required by the
AUTHORITY in order to perform the service; and
2) Provide the public with access to public records on the same terms and conditions that the
AUTHORITY would provide the records and at a cost that does not exceed the cost
provided by Florida law; and
3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
4) Meet all requirements for retaining public records and transfer, at no cost, to the
AUTHORITY all public records in possession of the CONTRACTOR upon termination of
the contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirement. All records stored electronically must
be provided to the AUTHORITY in a format that is compatible with the information
technology systems of the AUTHORITY; and
5) If the CONTRACTOR does not comply with a public records request, the AUTHORITY
shall enforce the contract provisions in accordance with the Agreement.
SECTION 14. INDEPENDENT CONTRACTOR.
This Agreement does not create an employee/employer relationship between the parties. It is the parties’
intention that the CONTRACTOR, its employees, sub-contractors, representatives, volunteers, and the like, will be an
independent contractor and not an employee of the AUTHORITY for all purposes, including, but not limited to, the
application of the following, as amended: the Fair Labor Standards Act minimum wage and overtime payments, the
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code, the State of Florida revenue and taxation laws, the State of Florida workers’ compensation
laws, the State of Florida unemployment insurance laws, and the Florida Retirement System benefits. The
CONTRACTOR will retain sole and absolute discretion in the judgment of the manner and means of carrying out the
CONTRACTOR’s activities and responsibilities hereunder.
SECTION 15. APPLICABLE LICENSING.
The CONTRACTOR, at its sole expense, shall obtain all required federal, state, and local licenses,
occupational and otherwise, required to successfully providing the services set forth herein.
SECTION 16. COMPLIANCE WITH ALL LAWS.
The CONTRACTOR, at its sole expense, shall comply with all laws, ordinances, judicial decisions, orders,
and regulations of federal, state, AUTHORITY, and municipal governments, as well as their respective departments,
commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at
any time following the execution of this Agreement.
SECTION 17. INDEMNIFICATION.
The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses incurred, by the
AUTHORITY, caused by the acts and/or omissions of the CONTRACTOR, or any of its employees, agents, sub-
contractors, representatives, volunteers, or the like. The CONTRACTOR agrees to indemnify, defend and hold the
AUTHORITY harmless for any and all claims, suits, judgments or damages, losses and expenses, including but not
limited to, court costs, expert witnesses, consultation services and attorney’s fees, arising from any and all acts and/or
omissions of the CONTRACTOR, or any of its employees, agents, sub-contractors, representatives, volunteers, or the
like. Said indemnification, defense, and hold harmless actions shall not be limited by any insurance amounts required
hereunder.
Page 48 of 68
SECTION 18. SOVEREIGN IMMUNITY.
The AUTHORITY expressly retains all rights, benefits and immunities of sovereign immunity in accordance
with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section, article or paragraph of this
Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of sovereign immunity or limits of
liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and
the cap on the amount and liability of AUTHORITY for damages, attorney fees and costs, regardless of the number
or nature of claims in tort, equity or contract, shall not exceed the dollar amount set by the Florida Legislature for tort.
Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against
the AUTHORITY which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law.
SECTION 19. BANKRUPTCY OR INSOLVENCY.
If the CONTRACTOR shall file a Petition in Bankruptcy, or if the same shall be adjudged bankrupt or
insolvent by any Court, or if a receiver of the property of the CONTRACTOR shall be appointed in any proceeding
brought by or against the CONTRACTOR, or if the CONTRACTOR shall make an assignment for the benefit of
creditors, or proceedings shall be commenced on or against the CONTRACTOR’s operations of the premises, the
AUTHORITY may terminate this Agreement immediately notwithstanding the notice requirements of Section 6
hereof.
SECTION 20. BINDING EFFECT.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal
representatives, successors, and/or assigns.
SECTION 21. ASSIGNMENT.
This Agreement shall only be assignable by the CONTRACTOR upon the express written consent of the
AUTHORITY.
SECTION 22. SEVERABILITY.
All clauses found herein shall act independently of each other. If a clause is found to be illegal or
unenforceable, it shall have no effect on any other provision of this Agreement. It is understood by the parties hereto
that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of
the State of Florida or the United States, the validity of the remaining portions or provisions shall not be affected, and
the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the
particular part, term, or provision held to be invalid.
SECTION 23. WAIVER.
Failure of the parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions
of this Agreement, or to exercise any right or option herein contained, shall not be construed as a waiver or a
relinquishment for the future of any such covenant, term, provision, condition, or right of election, but same shall
remain in full force and effect.
Page 49 of 68
SECTION 24. NOTICE.
The parties hereto agree and understand that written notice, mailed or delivered to the last known mailing
address, shall constitute sufficient notice to the AUTHORITY and the CONTRACTOR. All notices required and/or
made pursuant to this Agreement to be given to the AUTHORITY and the CONTRACTOR shall be in writing and
given by way of the United States Postal Service, first class mail, postage prepaid, addressed to the following addresses
of record:
AUTHORITY: Clay County Utility Authority
Attention: Procurement Department
3176 Old Jennings Road
Middleburg, Florida 32068
CONTRACTOR: Contractor’s Name as listed on Sunbiz
Contractor’s Mailing Address as listed on Sunbiz
Contractor’s City, State, Zip
SECTION 25. MODIFICATION
The covenants, terms, and provisions of this Agreement may be modified by way of a written instrument,
mutually accepted by the parties hereto. In the event of a conflict between the covenants, terms, and/or provisions of
this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take
precedence.
SECTION 26. HEADINGS.
All headings of the sections, exhibits, and attachments contained in this Agreement are for the purpose of
convenience only and shall not be deemed to expand, limit or change the provisions contained in such sections,
exhibits, and attachments.
SECTION 27. ADMINISTRATIVE PROVISIONS.
In the event the AUTHORITY issues a purchase order, memorandum, letter, or any other instrument
addressing the services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby
specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument is for the
AUTHORITY's internal purposes only, and any and all terms, provisions, and conditions contained therein, whether
printed or written, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no
force or effect thereon.
SECTION 28. CONFLICT OF INTEREST.
The CONTRACTOR warrants that the CONTRACTOR has not employed or retained any company or
person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement,
and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual, or firm any
fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making
of this Agreement. For the breach or violation of this Paragraph, the AUTHORITY shall have the right to terminate
this Agreement immediately, without liability and without regard to the notice requirements of Section 6 hereof.
SECTION 29. PUBLIC ENTITY CRIMES.
As required by section 287.133, Florida Statutes, the CONTRACTOR warrants that it is
not on the convicted contractor list for a public entity crime committed within the past thirty six (36) months. The
CONTRACTOR further warrants that it will neither utilize the services of, nor contract with, any supplier, sub-
contractor, or consultant in connection with this Agreement for a period of thirty six (36) months from the date of
being placed on the convicted contractor list.
Page 50 of 68
SECTION 30. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)
In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive
Order 11-02; Verification of Employment Status), in the event performance of this Agreement is or will be funded
using state or federal funds, the CONTRACTOR must comply with the Employment Eligibility Verification Program
(“E-Verify Program”) developed by the federal government to verify the eligibility of individuals to work in the United
States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If applicable, in accordance with
Subpart 22.18 of the Federal Acquisition Register, the CONTRACTOR must (1) enroll in the E-Verify Program, (2)
use E-Verify to verify the employment eligibility of all new hires working in the United States, except if the
CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only new hires assigned to
the Agreement; (3) use E-Verify to verify the employment eligibility of all employees assigned to the Agreement; and
(4) include these requirement in certain subcontract, such as construction. Information on registration for and use of
the E-Verify Program can be obtained via the internet at the Department of Homeland Security Web site:
http://www.dhs.gov/E-Verify.
SECTION 31. JOINT AUTHORSHIP
This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this
Agreement shall be construed as the product of any one of the parties hereto.
SECTION 32. EQUAL OPPORTUNITY EMPLOYER
The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal opportunity
employment laws. The CONTRACTOR will further ensure that all sub-contractors it utilizes in providing the services
required hereunder will comply with all equal opportunity employment laws.
SECTION 33. AUDITING, RECORDS, AND INSPECTION
In the performance of this Agreement, the CONTRACTOR shall keep books, records, and accounts of all
activities, related to the Agreement, in compliance with generally accepted accounting procedures. Throughout the
term of this Agreement, books, records, and accounts related to the performance of this Agreement shall be open to
inspection during regular business hours by an authorized representative of the AUTHORITY and shall be retained
by the CONTRACTOR for a period of three years after termination or completion of the Agreement, or until the full
Authority audit is complete, whichever comes first. The AUTHORITY shall retain the right to audit the books during
the three-year retention period. All books, records, and accounts related to the performance of this Agreement shall
be subject to the applicable provisions of the Florida Public Records Act, chapter 119, Florida Statutes. The
AUTHORITY also has the right to conduct an audit within sixty (60) days from the effective date of this Agreement
to determine whether the CONTRACTOR has the ability to fulfill its contractual obligations to the satisfaction of the
AUTHORITY. The AUTHORITY has the right to terminate this Agreement based upon its findings in this audit
without regard to the termination provision set forth herein.
SECTION 34. PROJECT MANAGERS
The AUTHORITY and the CONTRACTOR have identified individuals as Project Managers, listed below,
who shall have the responsibility for managing the work performed under this Agreement. The person or individual
identified by the CONTRACTOR to serve as its Project Manager for this Agreement, or any replacement thereof, is
subject to prior written approval and acceptance by the AUTHORITY. If the AUTHORITY or CONTRACTOR
replace their current Project Manager with another individual, an amendment to this agreement shall not be required.
The AUTHORITY will notify the CONTRACTOR, in writing, if the current AUTHORITY Project Manager is
replaced by another individual.
Page 51 of 68
A. The AUTHORITY Project Manager’s contact information is as follows:
Full Name, Title
Department
Clay County Utility Authority
Street Address
City, State, Zip
Phone
Email
B. The CONTRACTOR Project Manager’s contact information is as follows:
Full Name, Title
Department
Company Name
Street Address
City, State, Zip
Phone
Email
SECTION 35. COUNTERPARTS, ELECTRONIC TRANSACTION, AND ELECTRONIC SIGNATURES.
This Agreement may be electronically executed by the Parties in counterparts up to but not exceeding the
number of parties, each of which shall be deemed an original and all of which, taken together, shall constitute one
agreement. Each Party may deliver its executed signature page by email transmission to the other Parties at the email
addresses set forth herein. Delivery shall be effective and complete upon completion of such email transmission. The
Parties agree that electronic signatures may be use in the execution of this Agreement in accordance with Parts I and
II of Chapter 668, Florida Statutes.
SECTION 36. SIGNATORY.
Each signatory below represents and warrants that he or she has the full power and is duly authorized, by their
respective Party, to enter into and perform under this Agreement. Such signatory further represents that he or she has
fully reviewed and understands the terms and conditions set forth in this Agreement, including exhibits, and fully
intends to abide by and comply with all of the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this
Agreement effective the____ day of _____________________, 20___.
[CONTRACTOR’S NAME] CLAY COUNTY UTILITY AUTHORITY
By: ____________________________ By: ________________________
Print Name: _____________________ Print Name: Jeremy Johnston
Title: ___________________________ Title: Executive Director
Attest: __________________________ Attest: ______________________
Print Name: ______________________ Print Name: Angelia Wilson
Title: ___________________________ Title: Procurement Manager
Address: ________________________ Address: 3176 Old Jennings Road
_______________________________ Middleburg, Florida 32068
Page 52 of 68
STATE OF __________________
AUTHORITY OF __________________
The foregoing instrument was executed before me this ____ day of _______________, 20___ by
__________________________ as ________________________ of [Contractor’s name as listed on Sunbiz], who
personally swore or affirmed that he/she is authorized to execute this Agreement and thereby bind the Corporation,
and who is personally known to me OR has produced ___________________ as identification.
Signature: __________________________________
Print Name: __________________________________
NOTARY PUBLIC, State of __________________
My Commission Expires: __________________________________
(Stamp)
Page 53 of 68
EXHIBIT ‘B’
ORGINAL BID SUBMITTED BY CONTRACTOR AND PRICING
Page 54 of 68
NON-COLLUSION AFFIDAVIT
The undersigned being first duly sworn as provided by law, deposes, and says:
1. This Affidavit is made with the knowledge and intent that it is to be filed with the Clay County
Utility Authority, Clay County, Florida and that it will be relied upon by said County, in any
consideration which may give to and any action which it may take with respect to this Bid.
2. The undersigned is authorized to make this Affidavit on behalf of,
________________________________________________________________________
(Name of Corporation, Partnership, Individual, etc.)
A _________________________________, formed under the laws of _______________
of which he is____________________________________________________________
(Sole Owner, partner, president, etc.)
3. Neither the undersigned nor any other person, firm or corporation named in above Paragraph 2,
nor anyone else to the knowledge of the undersigned, have themselves solicited or employed
anyone else to solicit favorable action for this Bid by the Authority, also that no head of any
department or employee therein, or any officer of the Authority, is directly interested therein.
4. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in
Paragraph 2 has not colluded, conspired, connived or agreed directly or indirectly with any bidder
or person, firm or corporation, to put in a sham Bid, or that such other person, firm or
corporation, shall refrain from bidding, and has not in any manner, directly or indirectly, sought
by agreement or collusion, or communication or conference with any person, firm or corporation,
to fix the prices of said proposal or proposals of any other bidder; and all statements contained in
the proposal or proposals described above are true; and further, neither the undersigned, nor the
person, firm or corporation named above in Paragraph 3, has directly or indirectly submitted said
proposal or the contents thereof, or divulged information or data relative thereto, to any
association or to any member or agent thereof.
______________________________________________
(AFFIANT)
TAKEN, SWORN, AND SUBSCRIBED TO BEFORE ME this _____ day of ____________, 20___.
______________________________________________________________________________
Notary Public
______________________________________________________________________________
(Print, Type or Stamp Commissioned Name of Notary Public)
Colony Hardware
corporation
Employee
company
N/A N/A N/A
N/A
N/A
09/02/2021DATE:
Page 58 of 68
)
)
)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document: ____________________________________________________
Document Date: ________________________________
Number of Pages (including notarial certificate): _____________
On __________________, before me, _________________________________________ ,
the foregoing instrument was subscribed and sworn (or affirmed) before me by:
________________________________________________________________________.
Name of Affiant(s)
JURAT
State/Commonwealth of _____________________
City County of ______________________
Notary NameDate
Personally known to me -- OR --
Proved to me on the basis of the oath of _____________________________ -- OR --
Proved to me on the basis of satisfactory evidence: ________________________________
Type of ID Presented
Name of Credible Witness
WITNESS my hand and official seal.
Notary Public Signature: _________________________
Notary Name:__________________________________
Notary Commission Number:______________________
Notary Commission Expires:______________________
Notarized online using audio-video communication
Newport news
driver_license
collusion affidavit
2
11/30/2025
7947015
Sierra Hebb
Sierra Hebb09/02/2021
VIRGINIA
James Matthew Gumbinger
09/02/2021
Page 59 of 68
00420-1
[Insert Project No.] PUBLIC ENTITY CRIMES FORM
[Insert Project Name] [Insert Prepared Date
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (A),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL, AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to Clay County Utility Authority
(print name of public entity)
by
(print individual’s name and title)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include Social Security Number of the individual signing this sworn
statement:
2. I understand that a “public entity crime” as defined in Paragraph 287.133 (1) (G), Florida Statutes
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or of the United States, including, but not limited to, any bid or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
3. I understand that “convicted” or “conviction” as defined in Section 287.133 (1) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without
adjudication of guilt, in any federal or state trial court of record, relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of
a plea of guilty or nolo contendere.
4. I understand that an “affiliate” as defined in Paragraph 287.133 (1) (A), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
5. I understand that a “person” as defined in Paragraph 287.133 (1) (E), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which aids or applies to bid on contracts for the provision
of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies.]
Matt Gumbinger, Outside Sales, Colony Hardware
4211 Highway Ave, JAX FL 32254
260-61-2017
XXXXXXXXXXXXXXXXXXXXX. James M. Gumbinger, Colony Hardware, Outside sales
N/A
Page 60 of 68
00420-2
[Insert Project No.] PUBLIC ENTITY CRIMES FORM
[Insert Project Name] [Insert Prepared Date
Neither the entity submitting this sworn statement nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity
crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida Division of Administrative Hearings and the Final Order entered
by the Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list. (Attach a copy of final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY
TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature) (Date)
STATE OF
COUNTY OF
Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization,
on this _____ day of , 20___, by ____________________________ (name of
individual signing), who is personally known to me or who produced as
identification.
My commission expires:
NOTARY PUBLIC
Print Name:
September
FLORIDA
9/2/2021
2nd
DUVAL
xxxxxx
xxxx
Virginia
Newport news
Sierra Hebb
11/30/2025
Notarized online using audio-video communication
7947015Commission number:
21 James Matthew Gumbinger
Florida drivers license
Page 61 of 68
Page 63 of 68
Supplier shall complete a Supplier Reference Form for each provided reference in accordance with
the RFP. Please provide three (3) references for projects with similar scope.
1.General Background
Name of Client
Number of Employees
Address
Project Budget
Project Manager:
Phone Number
Email Address
2.Project Scope
Provide a brief description of the Project and its relation to this RFP.
Print Name Signature
Title Phone Number
Email Address Date
Page 64 of 68
Supplier shall complete a Supplier Reference Form for each provided reference in accordance with
the RFP. Please provide three (3) references for projects with similar scope.
1.General Background
Name of Client
Number of Employees
Address
Project Budget
Project Manager:
Phone Number
Email Address
2.Project Scope
Provide a brief description of the Project and its relation to this RFP.
Print Name Signature
Title Phone Number
Email Address Date
Page 65 of 68
Responses
Success: All data is valid!
Numeric
Status Bid/No Bid
Decision #Item Name Quantity
Required Unit Price Total Cost
Success: All values provided Bid #0-1
18" x 12" No Parking Unauthorized
Vehicles will be Towed/ Basic Sign/ Alum .040,
HIP Reflective Sheeting, White Substrate, Height
18, Width 12, Rectangle/ Square Shape, Round
Corners, Post Holes, CCUA Logo, Side 1
Background white, Side 1 Font Red, Side 1
Legend No Parking
10 $ 24.53 $ 245.30
Success: All values provided Bid #0-2
12" x 18" Attention Remember to
Lock Gate, Type: Basic Sign, Material Aluminum
0.40, Substrate: white, Height 18, Width 12,
Shape Rectangle/Square, Notes CCUA Logo,
Side 1 background: white, Side 1 Font: white/red,
Side 1 Legend {Graphic} Remember to Lock gate
34 $ 15.74 $ 535.16
Success: All values provided Bid #0-3
3" x 5" HSP, Type: Label, Material: Vinyl Sticker,
Material Details: Pressure Sensitive Vinyl .0045,
Substrate: White, Height: 5, Width: 3, Shape:
Rectangle/Square, Corners: Square, Notes:
CCUA Logo, Side 1 Background: White, Side 1
Font: Blue (Custom, Side 1 Legend: {Variable} +
Logo
65 $ 5.86 $ 380.90
Success: All values provided Bid #0-4
3" x 5" Well, Type: Label, Material: Vinyl
Reflective Sticker, Material Details: Pressure
Sensitive Vinyl HIP Reflective, Substrate: White,
Height 5, Width 3, Shape: Rectangle Square,
Corners: Square, Notes: CCUA Logo, Side 1
Background: White, Side 1 Font: Blue (Custom),
Side 1 Legend (Variable) + Logo
48 $ 7.81 $ 374.88
Success: All values provided Bid #0-5
3" x 5" TANK, Type: Label, Material: Vinyl Sticker,
Material Details: Pressure Sensitive Vinyl, .0045,
Substrate: White, Height: 5, Width: 3, Shape:
Rectangle/Square, Corners: Square, Note: CCUA
Logo, Side 1 Background: White, Side 1 Font:
Blue (Custom), Side 1 Legend: Variable + Logo
16 $ 5.86 $ 93.76
Success: All values provided Bid #0-6
3" x 5" GST, Type: Label, Material: Vinyl
Reflective Sticker, Material Details: Pressure
Sensitive Vinyl, HIP Reflective, Substrate: White,
Height: 5, Width: 3, Shape: Rectangle/Square,
Corners: Square, Notes: CCUA Logo, Side 1
Background: White, Side 1 Font: Blue (Custom)
Side 1 Legend: {Variable} + Logo
24 $ 7.81 $ 187.44
Success: All values provided Bid #0-7
12" x 18" Sodium Hypochlorite Info Sign, Type:
Basic Sign, Material: Aluminum, Material Details:
Alum .040, Substrate: White, Height: 18, Width:
12, Shape: Rectangle/Square, Notes: CCUA
Logo, Side 1 Background: White, Side 1 Font:
White/Red, Side 1 Legend: Sodium Hypochlorite
21 $ 15.74 $ 330.54
Success: All values provided Bid #0-8
10" x 14" DANGER Diesel Fuel,
Combustible, No Smoking, Type: Basic Sign,
Material: Rigid Plastic, Material Details: Ridgid
Plastic, .050, Substrate: White, Height: 10, Width:
14, Shape: Rectangle/Square, Corners: Round,
Holes: 4 Corner, Notes: CCUA Logo, Side 1
Background: White, Side 1 Font: Black, Side 1
Legend: {Graphic} Diesel Fuel
40 $ 8.17 $ 326.80
BID TABULATION
Page 66 of 68
Success: All values provided Bid #0-9
10" x 14" DANGER Diesel Fuel, Combustible, No
Smoking, Type: Basic Sign, Material: Vinyl
Sticker, Material Details: Pressure Sensitive
Vinyl, .040, Substrate: White, Height: 10, Width:
14, Shape: Rectangle/Square, Corners: Square,
Holes: 4 Corner, Notes: CCUA Logo, Side 1
Background: White, Side 1 Font: Black, Side 1
Legend: (Graphic) Diesel Fuel
40 $ 24.74 $ 989.60
Success: All values provided Bid #0-10
7" x 10" DANGER Chemical Storage Area, Type:
Basic Sign, Material: Aluminum, Materials:
Details: Alum .040, Substrate: White, Height:7,
Width: 10, Shape: Rectangle/Square, Corners:
Round, Holes: 4 Corner, Notes: CCUA Logo, Side
1 Background: White, Side 1 Font: Black, Side 1
Legend: Chemical Storage Area
21 $ 12.22 $ 256.62
Success: All values provided Bid #0-11
10" x 14" DANGER Confined Space Enter by
Permit Only, Type: Basic Sign, Material: Vinyl
Sticker, Material Details: Pressure Sensitive
Vinyl, Engineer Grade Reflective, Substrate:
White, Height: 10, Width: 14, Shape:
Rectangle/Square, Corners: Square, Notes:
CCUA Logo, Side 1 Background: White, Side 1
Font: Black, Sign 1 Legend: {Graphic} Confined
Space
70 $ 31.89 $ 2,232.30
Success: All values provided Bid #0-12
10.5" x 10.5" Sodium Hypochlorite Placard, Type:
Basic Sign, Material: Vinyl Sticker, Material
Details: Pressure Sensitive Vinyl, .0045,
Substrate: White, Height: 10.5, Width: 10.5,
Shape: Diamond, Corners: Square, Notes: CCUA
Logo, Side 1 Background:
Blue/Red/Yellow/White, Side 1 Font: Black, Side
1 Legend: {Graphic} 3 0 0, Logo
35 $ 23.34 $ 816.90
Success: All values provided Bid #0-13
10.75" x 10.75" "1993" Diesel
Placard, Type: Label, Material: Vinyl Sticker,
Material Description: Adhesive Sensitive Vinyl,
.004, Substrate: White, Height: 10.75, Width:
10.75, Shape: Diamond, Corners: Square, Notes:
No logo, Side 1 Background: Red, Side 1 Font:
White/Black, Side 1 Legend: Diesel 1993
45 $ 2.29 $ 103.05
Success: All values provided Bid #0-14
10.75" x 10.75" "1993" Diesel
Placard, Type: Basic Sign, Material: Rigid Plastic,
Material Details: Rigid Plastic, .050, Substrate:
White, Height: 10.75, Width: 10.75, Shape:
Diamond, Corners: Square, Notes: No logo, Side
1 Background: Red, Side 1 Font: White/Black,
Side 1 Legend: Diesel 1993
50 $ 4.36 $ 218.00
Success: All values provided Bid #0-15
8" x 10" Safety Shower and Eyewash Inside,
Type: basic Sign, Material: Aluminum, Material
Details: Alum .040, Substrate: White, Height: 10,
Width: 5, Shape: Rectangle/Square, Corners:
Round, Holes: 4 Corner, Notes: CCUA Logo, Side
1 Background: White, Side 1 Font: White, Side 1
Legend: {Green Graphic}
5 $ 13.23 $ 66.15
Success: All values provided Bid #0-16
8" x 10" Emergency Shower/Eyewash, Type:
Basic Sign, Material: Aluminum, Material Details:
Alum .040, Substrate: White, Height:10, Width:8,
Shape: Rectangle/Square, Corners: Round,
Holes: 4 Corner, Notes: CCUA Logo, Side 1
Background: White, Side 1 Font: White, Side 1
Legend: {Green Graphic}
21 $ 13.23 $ 277.83
Success: All values provided Bid #0-17
10" x 14" CAUTION High Noise Area Hearing
Protection May.., Type: Basic Sign, Material:
Aluminum, Material Details: Alum .040, Substrate:
Yellow, Height: 10 Width: 14, Shape:
Rectangle/Square, Corners: Round, Holes: 4
Corner, Notes: CCUA Logo, Side 1 Background:
Yellow, Side 1 Font: Black, Side 1 Legend: High
Noise
40 $ 13.23 $ 529.20
Page 67 of 68
Success: All values provided Bid #0-18
10" x 14" DANGER Overhead Power Lines, Type:
Basic Sign, Material: Aluminum, Material Details:
Alum 0.40. Substrate: White, Height: 10, Width
14, Shape: Rectangle/Square, Corners: Round,
Holes: 4 Corner, Notes: No Logo, Side 1
Background: White/Red, Side 1 Font:
White/Black, Side 1 Legend: Overhead
Powerlines
33 $ 15.93 $ 525.69
Success: All values provided Bid #0-19
24" x 40" Plant Sign WTP 1101, Type: Basic Sign,
Material: ACP Reflective, Material Details: Alum.
Composite Panel, .125, HIP Reflective, Substrate:
White, Height: 40, Width: 24, Shape:
Rectangle/Square, Corners: 4 Corner, Notes:
CCUA Logo, Side 1 Background: Blue/White,
Side 1 Font: Blue/White/Red, Side 1 Legend:
{Custom Address}
25 $ 131.31 $ 3,282.75
Success: All values provided Bid #0-20
18" x 24" Off-Site Well, Type: Basic Sign,
Material: ACP Reflective, Material Details: Alum,
Composite Panel, .125 HIP Reflective, Substrate:
White, Height: 24, Width 18, Shape:
Rectangle/Square, Corners: Round, Holes: 4
Corner, Notes: CCUA Logo, Side 1 Background:
Blue/White, Side 1 Font: Blue/White/Red, Side 1
Legend: {Custom Address}
23 $ 51.87 $ 1,193.01
Page 68 of 68