SUBMIT BID TO:
UNIVERSITY OF FLORIDA
971 ELMORE DRIVE, PO BOX 115250
GAINESVILLE, FL 32611-5250
Phone: (352) 392-1331 - FAX: (352) 392-8837
Web Address: www.purchasing.ufl.edu
INVITATION TO BID
Page 1 of 14 Pages
VENDOR MAILING ADDRESS
BID WILL BE OPENED: March 30, 2018 2:30 p.m.
and may not be withdrawn within 45 days after such date and time; Non-Mandatory Pre
Bid will be held at Elmore Hall at the above address on March 15, 2018 2:30 p.m.
Vendor questions due March 21, 2018 at 4:00 PM.
Annual Contract for Playground Maintenance for the Department of
Housing & Residence Education (DHRE)
REASON FOR NOT SUBMITTING BID
CITY - STATE - ZIP CODE
POSTING OF BID TABULATIONS
Bid tabulations with intended award(s) will be posted electronically for review
by interested parties at www.purchasing.ufl.edu and will remain posted for a
period of 72 hours excluding Saturdays, Sundays, or state holidays. Failure to
file a protest in accordance with Board of Governors (BOG) Regulation 18.002
or failure to post the bond or other security as required in the BOG regulations
18.002 and 18.003(3), shall constitute a waiver of protest proceedings.
I certify that this bid is made without prior understanding, agreement, or connection
with any corporation, firm or person submitting a bid for the same materials, supplies,
or equipment and is in all respects fair and without collusion or fraud. I agree to abide
by all conditions of this bid and certify that I am authorized to sign this bid for the
vendor and that the vendor is in compliance with all the requirements of the Invitation
to Bid, including but not limited to, certification requirements. In submitting a bid on
behalf of the Board of Trustees, hereinafter known as the University, the vendor offers
and agrees that if the bid is accepted the vendor will convey, sell, assign, or transfer
to the University all rights, title and interest in and to all causes of action it may now
or hereafter acquire under the Anti-trust laws of the United States and the University
for price fixing relating to the particular commodities or services purchased or
acquired by the University. At the University’s discretion, such assignment shall be
made and become effective at the time the purchasing agency tenders final payment
to the vendor.
AUTHORIZED SIGNATURE (MANUAL)
NAME AND TITLE (TYPED)
SEALED BIDS: All bid sheets and this form must be executed and submitted
(b) DISCOUNTS: Vendors are encouraged to reflect trade discounts in the unit
in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER
prices quoted; however, vendors may offer a discount for prompt payment.
ENVELOPE.) The face of the envelope shall contain, in addition to the above
Prompt payment discounts will not be considered in the bid award. However,
address, the date, and time of the bid opening and the bid number. Bids not
every effort will be made to take the discount within the time offered.
submitted on the attached bid form shall be rejected. All bids are subject to the
(c) MISTAKES: Vendors are expected to examine the specifications, delivery
conditions specified herein. Those which do not comply with these conditions
schedule, bid prices, extensions, and all instructions pertaining to supplies and
are subject to rejection.
services. Failure to do so will be at vendor's risk. In case of a mistake in
extensions the unit price will govern.
1. EXECUTION OF BID: Bid must contain an original manual signature of
(d) INVOICING AND PAYMENT: Payment will be made by the University of
authorized representative in the space provided above. Bid must be typed or
Florida after the items awarded to a vendor have been received, inspected, and
printed in ink. Use of erasable ink is not permitted. All corrections to prices
found to comply with award specifications, free of damage or defect and
made by vendor must be initialed.
properly invoiced. All invoices shall bear the purchase order number. Payment
for partial shipments shall not be made unless specified. An original invoice
2. NO BID: If not submitting a bid, respond by returning only this vendor
shall be submitted. Failure to follow these instructions may result in delay in
acknowledgment form, marking it "NO BID", and explain the reason in the
processing invoices for payment. Payment shall be made in accordance with
space provided above. Failure to respond to a procurement solicitation without
Section 215.422 (1) (2) F.S. VENDOR OMBUDSMAN: The University’s
giving justifiable reason for such failure, nonconformance to contract
vendor ombudsman, whose duties include acting as an advocate for vendors
conditions, or other pertinent factors deemed reasonable and valid shall be cause
may be experiencing problems in obtaining payment from the University, may
for removal of the supplier’s name from the bid mailing list. NOTE: To qualify
be contacted at 352-392-1241.
as a respondent, vendor must submit a "NO BID", and it must be received no
(e) ANNUAL APPROPRIATIONS: The University’s performance and
later than the stated bid opening date and hour.
obligation to pay under any contract awarded is contingent upon an annual
appropriation by the Legislature.
3. BID OPENING: Shall be public, on the date, location and the time specified
(f) CONDITION AND PACKAGING: It is understood and agreed that any
on the bid form. It is the vendor's responsibility to assure that the bid is delivered
item offered or shipped as a result of this bid shall be a new, current standard
at the proper time and place of the bid opening. Bids which for any reason are
production model available at the time of this bid. All containers shall be
not so delivered will not be considered. A bid may not be altered after opening
suitable for storage or shipment, and all prices shall include standard
of the bids. NOTE: Bid tabulations will be posted electronically at
www.purchasing.ufl.edu. Bid tabulations will not be provided by telephone.
(g) SAFETY STANDARDS: Unless otherwise stipulated in the bid, all
manufactured items and fabricated assemblies shall comply with applicable
4. PRICES, TERMS AND PAYMENT: Firm prices shall be bid and will
requirements of Occupational Safety and Health Act and any standards
include all packing, handling, shipping charges, and delivery to the destination
(a) TAXES: The University does not pay Federal Excise and Sales taxes on
5. CONFLICT OF INTEREST: The award hereunder is subject to the
direct purchases of tangible personal property or services. The Florida Tax
provisions of Chapter 112, F.S. All vendors must disclose with their bid the
Exempt Number is 11-06-024056-57C. This exemption does not apply to
name of any officer, director, or agent who is also an employee of the University
purchases of tangible personal property or services made by vendors who use
of Florida. Further, all vendors must disclose the name of any University
the tangible personal property or services in the performance of contracts for
employee who owns, directly or indirectly, an interest of five percent (5%) or
the improvement of University-owned real property as defined in Chapter 192,
more in the vendor's firm or any of its branches.
6. AWARDS: As the best interest of the University may require, the right is
reserved to make award(s) by individual item, group of items, all or none or a
combination thereof; to reject any and all bids or waive any minor irregularity
or technicality in bids received. When it is determined there is no competition
to the lowest responsible vendor, evaluation of other bids are not required.
Vendors are cautioned to make no assumptions unless their bid has been
evaluated as being responsive.
7. INTERPRETATIONS/DISPUTES: Any questions concerning conditions
or specifications shall be directed in writing to the UF Procurement Services.
Inquiries must reference the date of bid opening and bid number. No
interpretations shall be considered binding unless provided in writing by the
University in response to requests in full compliance with this provision.
8 NOTICE OF BID PROTEST BONDING REQUIREMENT; Any person
or entity who files an action protesting a decision or an intended decision
pertaining to a competitive solicitation shall at the time of filing the formal
protest, post with the University a bond payable to the University in an amount
equal to: 10% of the estimated value of the protestor’s bid or proposal; 10% of
the estimated expenditure during the contract term; $10,000.00; or whichever is
less. The bond shall be conditioned upon the payment of all costs which may
be adjudged against the person or entity filing the protest action. In lieu of a
bond, the University may accept a cashier’s check, bank official check or money
order in the amount of the bond. FAILURE OF THE PROTESTING PERSON
OR ENTITY TO FILE THE REQUIRED BOND, CASHIER’S CHECK,
BANK OFFICIAL CHECK OR MONEY ORDER AT THE TIME OF THE
FILING THE FORMAL PROTEST SHALL RESULT IN DENIAL OF THE
9. GOVERNMENTAL RESTRICTIONS: In the event any governmental
restrictions may be imposed which would necessitate alteration of the material,
quality, workmanship or performance of the items offered in this bid prior to
their delivery, it shall be the responsibility of the successful vendor to notify the
purchaser at once, indicating in writing the specific regulation which requires
an alteration. The University reserves the right to accept any such alteration,
including any price adjustments occasioned thereby, or to cancel the contract at
no expense to the University.
10.LEGAL REQUIREMENTS: Applicable provision of all Federal, State,
county and local laws, and of all ordinances, rules and regulations shall govern
development, submittal and evaluation of all bids received in response hereto
and shall govern any and all claims and disputes which may arise between
person(s) submitting a bid response hereto and the University, by and through
its officers, employees and authorized representatives, or any other person,
natural or otherwise: and lack of knowledge by any vendor shall not constitute
a cognizable defense against the legal effect thereof.
11.LOBBYING: Vendor is prohibited from using funds provided under any
contract or purchase order for the purpose of lobbying the Legislature or any
official, officer, commission, board, authority, council, committee, or
department of the executive branch or the judicial branch of state government.
12.ADVERTISING: In submitting a bid, the vendor agrees not to use the
results therefrom as a part of any commercial advertising. Vendor may not use
the names, logos, or trademarks of the University, its employees, or affiliates
without the prior written consent of the University.
13.ASSIGNMENT: Any contract or purchase order issued pursuant to this
Invitation to Bid and the monies which may become due hereunder are not
assignable except with the prior written approval of the purchaser.
14.LIABILITY: The vendor agrees to indemnify and save the University of
Florida, the State of Florida and the Florida Board of Governors, their officers,
agents, and employees harmless from any and all judgments, orders, awards,
costs and expenses, including attorney's fees, and also all claims on account of
damages to property, including loss of use thereof, or bodily injury (including
death) which may be hereafter sustained by the vendor, its employees, its
subcontractors, or the University of Florida, the State of Florida and the Florida
Board of Governors, their officers, agents, or employees, or third persons,
arising out of or in connection with any contract awarded and which are the
result of the vendor's breach of contract or of the negligent acts of the vendor,
its officers, agents, and employees. This clause does not apply to contracts
between government agencies.
15.FACILITIES: The University reserves the right to inspect the vendor's
facilities at any time with prior notice.
16.ADDITIONAL QUANTITIES: For a period not exceeding ninety (90)
days from the date of acceptance of any offer by the University of Florida, the
right is reserved to acquire additional quantities up to but not exceeding those
shown on bid or the bid level at the prices bid in this invitation. If additional
quantities are not acceptable, the bid sheets must be noted "BID IS FOR
SPECIFIED QUANTITY ONLY".
17.SERVICE AND WARRANTY: Unless otherwise specified, the vendor
shall define any warranty service and replacements that will be provided during
and subsequent to this contract. Vendors must explain on an attached sheet to
what extent warranty and service facilities are provided.
18.SAMPLES: Samples of items, when called for, must be furnished free of
expense, on or before bid opening time and date, and if not destroyed, may upon
request, be returned at the vendor's expense. Each individual sample must be
labeled with vendor's name, manufacturer's brand name and number, bid
number and item reference. Request for return of samples shall be accompanied
by instructions which include shipping authorization and name of carrier and
must be received with the bid. If instructions are not received within this time,
the commodities shall be disposed of by the University.
19.INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance
will be at destination unless otherwise provided. Title and risk of loss or damage
of all items shall be the responsibility of the contract supplier until accepted by
the University, unless loss or damage results from negligence by the University.
The contract supplier shall be responsible for filing, processing and collecting
all damage claims. However, to assist him in the expeditious handling of
damage claims, the University will:
(a) Record any evidence of visible damage on all copies of the delivering carrier's
Bill of Lading.
(b) Report damage (Visible or Concealed) to the carrier and contract supplier
confirming such reports in writing within 15 days of delivery, requesting that
the carrier inspect the damaged merchandise.
(c) Retain the item and its shipping container, including inner packing material until
inspection is performed by the carrier, and disposition given by the contract
(d) Provide the contract supplier with a copy of the carrier’s Bill of Lading and
damage inspection report.
20.PATENTS, COPYRIGHTS, TRADEMARKS, ROYALTIES and other
Intellectual Property: The vendor, without exception, shall indemnify and save
harmless the University and its employees from liability of any nature or kind,
including cost and expenses for or on account of any copyrighted, patented, or
unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the University of Florida. If
the vendor uses any design, device, or materials covered by letters, patent or
copyright, it is mutually agreed and understood without exception that the bid
prices shall include all royalties or costs arising from the use of such design,
device, or materials in any way involved in the work.
21.CONFLICT BETWEEN DOCUMENTS: If any terms and conditions
contained within the documents that are a part of this ITB or resulting contract
are in conflict with any other terms and conditions contained therein, then the
various documents comprising this ITB or resulting contract, as applicable, shall
govern in the following order of precedence: change order, purchase order,
addenda, special conditions, general conditions, specifications, departmental
description of work, and bid.
22.MANUFACTURERS' NAMES AND APPROVED EQUIVALENTS:
Any manufacturer's names, trade names, brand names, information and/or
catalog numbers listed in a specification are for information and not intended to
limit competition. If bids are based on equivalent products, indicate on the bid
form the manufacturer's name and number. Vendor shall submit with the bid,
cuts, sketches, and descriptive literature, and/or complete specifications.
Reference to literature submitted with a previous bid will not satisfy this
provision. The vendor shall also explain in detail the reasons why the proposed
equivalent will meet the specifications and not be considered an exception
thereto. The University of Florida reserves the right to determine acceptance of
item(s) as an approved equivalent. Bids which do not comply with these
requirements are subject to rejection. Bids lacking any written indication of
intent to quote an alternate brand will be received and considered in complete
compliance with the specifications as listed on the bid form.
23. NONCONFORMANCE TO CONTRACT CONDITIONS: Items
may be tested and/or inspected for compliance with specifications by any
appropriate testing facilities. Should the items fail, the University may require
the vendor to reimburse the University for costs incurred by the University in
connection with the examination or testing. The data derived from any tests for
compliance with specifications are public records and open to examination
thereto in accordance with Chapter 119, F.S. Items delivered not conforming to
specifications may be rejected and returned at vendor's expense. These items
and items not delivered as per delivery data in bid and/or purchase order may
result in vendor being found in default in which event any and all reprocurement
costs may be charged against the defaulting vendor. Any violation of these
conditions may also result in the vendor's name being removed from the
University of Florida's vendor file.
24. PUBLIC RECORDS: Any material submitted in response to this
Invitation to Bid will become a public document pursuant to Section 119.07 F.S.
This includes material which the responding vendor might consider to be
confidential or a trade secret. Any claim of confidentiality is waived upon
submission, effective after opening pursuant to Section 119.07 F.S.
25.DELIVERY: Unless actual date of delivery is specified (or if specified
delivery cannot be met), show number of days required to make delivery after
receipt of purchase order in space provided. Delivery time may become a basis
for making an award (see Special Conditions). Delivery shall be within the
normal working hours of the University of Florida, Monday through Friday,
unless otherwise specified.
26.PUBLIC PRINTING - PREFERENCE GIVEN PRINTING WITHIN
THE STATE: The University of Florida shall give preference to vendors
located within the state when awarding contracts to have materials printed,
whenever such printing can be done at no greater expense than, and at a level of
quality comparable to, that obtainable from a vendor located outside of the state.
(a) CONTRACTS NOT TO BE SUBLET: In accordance with Class B Printing
Laws and Regulations "Printing shall be awarded only to printing firms. No
contract shall be awarded to any broker, agent, or independent contractor
offering printing manufactured by other firms or persons."
(b) DISQUALIFICATION OF VENDOR: Reasonable grounds for believing
that a vendor is involved in more than one bid for the same work will be cause
for rejection of all bids in which such vendors are believed to be involved. Any
or all bids will be rejected if there is reason to believe that collusion exists
between vendors. Bids in which the prices obviously are unbalanced will be
subject to rejection.
(c) TRADE CUSTOMS: Current trade customs of the printing industry are
recognized unless accepted by Special Conditions or Specifications herein.
(d) COMMUNICATIONS: It is expected that all materials and proofs will be
picked up and delivered by the printer or his representative, unless otherwise
specified. Upon request, materials will be forwarded by registered mail.
(e) RETURN OF MATERIAL: All copy, photos, artwork, and other materials
supplied by the University of Florida must be handled carefully and returned
in good condition upon completion of the job. Such return is a condition of the
contract and payment will not be made until return is affected.
NOTE: ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE.
1. YEARLY CONTRACTS - Purpose: To establish an indefinite quantity, firm fixed price contract to be
used for all equipment, supplies, supervision and labor necessary for various University of Florida
DHRE (Department of Housing & Residence Education) playground maintenance projects as
specified by the Scope of Work.
1. Term of Contract—The effective period of contract resulting from this bid will August 1,
2018 through July 30, 2021. The University of Florida shall have the option to renew this
bid for two (2) one (1)-year periods upon written notice to and acceptance by the
contractor. Renewal of this contract shall be contingent upon satisfactory performance
evaluations by the University and written notice to and acceptance by Vendor.
2. Placement of Orders - The following office may issue purchase orders against any contract
resulting from this bid:
University of Florida
971 Elmore Drive
PO Box 115250
Gainesville FL 32611-5250
Orders will be placed using a Purchase order.
3. Renewal of each term would be subject to satisfactory performance as determined by
2. AWARD - Award will be made on an "All-or-None Offer Total Offer" – the annual contract will
be awarded to the single best bidder based on the total price for all five (5) lots in the Scope of
Work or none at all. In the case of a tie, the contract will be awarded based on the following
percentages: markup on Sod Replacement 33%, Miscellaneous Concrete removal/installation
33%, markup on Cypress Mulch 34%.
3. NON-MANDATORY PRE-BID CONFERENCE - A non-mandatory pre-bid conference will be held
on March 15, 2018 2:30 p.m. in the Main Conference Room of Procurement Services, Elmore
Hall (Bldg 0465), 971 Elmore Drive, Gainesville, FL 32611. The purpose of this conference is to
hear questions arising from this Invitation to Bid. Answers to any questions that might arise will
be provided in the form of an Addendum to the Invitation to Bid posted on the University of
Florida website https://procurement.ufl.edu/vendors/schedule-of-bids/ prior to the bid
opening. All Addenda must be acknowledged by signature and returned with the bid proposal.
4. INQUIRIES – Questions concerning the bid should be submitted by March 21, 2018 at 4:00 p.m.
The University will not give verbal answers to inquiries regarding the specifications, or verbal
instructions prior to or after the award of the bid. A verbal statement regarding same by any
person shall be non-binding. The University is not liable for any increased costs resulting from
the Bidder accepting verbal direction. Any changes, if necessary, shall be made by written
addendum to the bid.
Any explanation desired by Vendors must be requested of the University of Florida Procurement
Services in writing, and if an explanation is necessary, a reply shall be made in the form of an
addendum, a copy of which will posted on the Procurement Services website. Direct all inquiries
to Cheri Spitzer, Procurement Agent II, email@example.com.
All addenda will be posted to our web site only:
Vendors who want the addenda supplied to them in another form must notify the Procurement
Agent listed above of that request. Otherwise, it will be the vendor’s responsibility to check the
web site for any additional information and addenda concerning this ITB.
The University may not respond to any questions/requests for clarification that require addenda,
if received by the University after March 21, 2018 at 4:00 PM.
5. QUALIFICATIONS OF BIDDERS - This bid will be awarded only to a responsible bidder qualified by
experience and expertise to provide the work specified.
The following evidence of eligibility may be required to be submitted:
1. Evidence that bidder is licensed by the appropriate government agency to perform the
work specified, if required.
2. Experience record showing vendor’s training and a minimum of five years full-time
experience in work of a similar scope. Vendor may be asked to provide a list of at least
three (3) references containing the names, addresses, phone numbers and dates of past
commercial landscaping jobs.
3. Vendors may be asked to list and briefly describe projects of similar size and/or
complexity which have been completed satisfactorily. List should include names of
contracts, dates of contracts, location, and names/email addresses of owners.
6. BID SUBMITTAL - All bids should include a completed and signed University of Florida Invitation
to Bid Commodity Acknowledgment form, Price Page, and any addenda. Submit one (1)
complete original bid and one (1) complete electronic copy of bid on a USB flash drive or
CD/DVD in a sealed envelope, with the following information on the outside of the envelope:
bid number, date and time of bid opening, and company name.
7. BID DELIVERY - If this bid will be mailed through the U. S. Postal Service as regular mail, address
the bid to the PO Box as shown on the Invitation to Bid Acknowledgment Form.
If the bid will be delivered by a service other than the U. S. Postal Service regular mail, i.e.,
Federal Express, Airborne, United Parcel Service, Courier, U. S. Postal Express Mail, etc., address
the bid to the street address as shown on the Invitation to Bid Acknowledgment form.
8. OTHER PURCHASERS – With the consent and agreement of the successful bidder(s) purchases
may be made under this ITB by other state universities, community colleges, district school
boards, other educational institutions, and other governmental agencies within the state of
Florida. Such purchases shall be governed by the same terms and conditions stated in the
proposal solicitation as provided in Rule 6C1-3.020 (5)(f) 3 Fla. Admin. Code.
9. CANCELLATION - University Procurement, by written notice, may terminate in whole or in part
any contract resulting from this Invitation to Bid, when such action is in the best interest of the
University. If the contract is terminated, the University shall be liable only for payment of services
or rendered prior to the effective date of the termination.
10. AVAILABILITY OF FUNDS - The State of Florida's and the University’s performance and
obligation to pay under this contract is contingent upon an annual appropriation by the
Legislature of the State of Florida.
11. ERRORS – The University is not liable for any errors or misinterpretations made by the proposer
in responding to this Invitation to Bid.
12. VENDOR’S EXPENSE – All proposals submitted in response to the ITB must be submitted at the
sole expense of the Vendor, whether or not any agreement is signed as a result of this
Invitation to Bid. Proposers will pay all costs associated with the preparation of proposals and
necessary visits to campus and other required site visits.
13. USE OF TERMS - The terms University of Florida, University, and UF, Department of Housing
and Residence Education, Housing, and DHRE are used synonymously in this Invitation to Bid
unless otherwise indicated. The terms vendor, proposer, bidder and contractor are used
synonymously in this ITB unless otherwise indicated
14. DEBRIS - Successful bidder shall be responsible for the prompt removal of all debris which is a
result of services.
15. OSHA REGULATIONS - It is the responsibility of the contractor to insure that ALL OSHA
regulations applying to this job are adhered to at all times.
16. SUSTAINABILITY PREFERENCES - The University’s procurement directives support the use of
products that will minimize any negative environmental impacts of our work. It is in the
interest of public health, safety and welfare and the conservation of energy and natural
resources to use and promote environmentally responsible products.
17. INSURANCE – The Vendor shall purchase from and maintain with a company or companies,
lawfully authorized to do business in Florida and acceptable to the University, such insurance as
will protect the Vendor from claims arising out of or resulting from the Vendor’s operations under
the Contract and for which the Vendor may be legally liable, whether such operations be by the
Vendor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable. All insurance policies shall be issued and
countersigned by representatives of such companies duly authorized for the State of Florida and