1-IFB2502301 Solicitation Document-FINAL.pdf

INVITATION FOR BID DOCUMENTS

IFB NO. 2502301

Lake Robinhood Stormwater Improvement Project

Due: 1:00 P.M., Tuesday, August 19, 2025

CITY OF LEESBURG

Leesburg Municipal Center

Procurement Division 204 North 5th Street

Leesburg, FL 34749-0630

Bid Issued by: Hosea Goodwyn, Senior Buyer Office: (352) 728-9880

For Solicitation Documents and Updates Visit Our

City of Leesburg Bid Opportunities Website https://leesburgflorida.bonfirehub.com/portal/?tab=openOpportunities

INVITATION FOR BID

TABLE OF CONTENTS

1 FORMS AND ATTACHMENTS

2 BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS

2.1 DEFINITIONS

2.2 OFFICIAL SOLICITATION DOCUMENTS AND SOLICITATION POSTING SERVICE

2.3 SOLICITATION UPDATES/STATUS

2.4 SUBMISSION OF BIDS

2.5 PREPARATION OF BIDS

2.6 EXCEPTIONS TAKEN TO SPECIFICATIONS

2.7 WITHDRAWAL OR CORRECTION OF BIDS

2.8 CONTACT PERSON CONCERNING INQUIRIES OF THIS BID

2.9 ADDENDUM

2.10 PUBLIC OPENING

2.11 SOLICITATION TABULATION

2.12 USE OF TRADE NAMES

2.13 DELIVERY

2.14 RESERVED RIGHTS OF THE CITY

2.15 TAXES

2.16 DEFAULT

2.17 PATENT INDEMNITY

2.18 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

2.19 QUALIFICATIONS OF BIDDERS

2.20 DISQUALIFICATION OF BIDDERS

2.21 REJECTION OF IRREGULAR BIDS

2.22 AWARD OF BID

2.23 SAMPLES

2.24 PUBLIC ENTITY CRIME STATEMENT

2.25 DRUG-FREE WORKPLACE PROGRAM PREFERENCE

2.26 PUBLIC RECORDS – SOLICITATION SUBMITTAL INFORMATION AND DOCUMENTS

2.27 PUBLIC MEETING AND NOTICES

2.28 OBSERVE ABOVE INSTRUCTIONS

2.29 PRIORITY OF SPECIFICATIONS

2.30 TIME EXTENSION OF BID

2.31 CONFLICT OF INTEREST

2.32 NON‐COLLUSION/LOBBYING CERTIFICATION

2.33 DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS CERTIFICATION ... 19

3 ADDITIONAL INSTRUCTIONS

3.1 DEFINITIONS

3.2 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

3.3 BID GUARANTEE

3.4 GUARANTY OF FAITHFUL PERFORMANCE AND PAYMENT

3.5 POWER OF ATTORNEY

3.6 SURETY COMPANIES ACCEPTABLE TO CITY OF LEESBURG

3.7 EXECUTION OF CONTRACT

3.8 FAILURE TO EXECUTE CONTRACT - BID GUARANTY FORFEITED

3.9 NOTICE AND SERVICE THEREOF

3.10 TIME OF CONTRACT

3.11 MAINTENANCE BOND

3.12 PAYMENTS

3.13 PERMITS

3.14 OWNER DIRECT PURCHASES

4 GENERAL SPECIFICATIONS

4.1 SCOPE

4.2 CONTRACT TERM, COMPLETION TIME, TERMINATION, AND SUSPENSION OF WORK

4.3 BID PRICE

4.4 AVAILABILITY OF FUNDS

4.5 PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES

4.6 INTERPRETATION OF ESTIMATED QUANTITIES

4.7 COMPLIANCE TO LAWS, GUIDELINES, REGULATIONS, ETC

4.8 ABBREVIATIONS

4.9 ORDERING OF SUPPLIES/SERVICES

4.10 DELIVERY

4.11 INVOICING AND PAYMENT

4.12 MATERIAL SAFETY DATA SHEETS

4.13 REFERENCES

4.14 PRE-BID CONFERENCE/SITE VISIT

4.15 ADDITIONAL TERMS AND CONDITIONS

4.16 CONTRACTOR PUBLIC RECORDS REQUIREMENTS - CONTRACT FOR SERVICES

4.17 E-VERIFY - EMPLOYMENT ELIGIBILITY

4.18 TENTATIVE CALENDAR OF EVENTS

5 CITY INSURANCE REQUIREMENTS SPECIFICATIONS

5.2 EXCEPTIONS

5.3 CITY AS ADDITIONAL INSURED

5.4 CANCELLATION CLAUSE

5.5 CERTIFICATE OF INSURANCE

5.6 REVIEW AND APPROVAL BY CITY’S RISK MANAGER

5.7 INDEMNIFICATION

6 TECHNICAL SPECIFICATIONS

6.1 SCOPE OF WORK AND REQUIREMENTS

6.2 DRAWINGS/PLANS

6.3 SUPPLEMENTAL CONDITIONS

6.4 SPECIAL CONDITIONS

6.5 CONTRACTOR QUALIFICATIONS AND EVALUATION OF BIDDER

6.6 ADDITIONAL TECHNICAL SPECIFICATIONS

1 FORMS AND ATTACHMENTS

The following forms are attached and numbered as indicated below.

PROPOSAL BID FORM

PROJECT EXPERIENCE INFORMATION – REFERENCES (R-1)

SUBCONTRACTOR’S LIST

LIST OF EQUIPMENT

LIST OF SUPERVISORY PERSONNEL

CONFLICT OF INTEREST FORM

BID BOND

CONTRACT

PAYMENT AND PERFORMANCE BOND

MAINTENANCE BOND

OTHER SOLICITATION PACKAGE DOCUMENTS (posted as separate individual documents) o IFB No. 2502301 Attachment A – Lake Robinhood Improvement Drawings o IFB No. 2502301 Attachment B – Itemized Price Schedule Bid Form

ADDENDUM (issued as needed to all registered plan holders)

2 BIDDING INSTRUCTIONS, TERMS, AND CONDITIONS

2.1 DEFINITIONS

Whenever used in this Bid, the Contract, or any other documents pertaining to the item and/or service where these specifications govern, the following terms are used. The intent and meaning will be interpreted as follows:

Addendum A modification of the Bid/Contract Documents issued by the Procurement Division and distributed to prospective Bidders prior to the bid due date and time.

Bidder An individual, partnership, or corporation submitting a bid, on the attached Proposal Bid Form, for the item and/or service contemplated.

Bid The written submittal of a Bidder, submitted on the Proposal Bid Form to provide goods and/or perform the work/services in accordance with the requirements of the Bid Documents and stating the consideration that the Bidder will require for so doing.

Bid Bond The particular item(s) or service(s) outlined within the attached specifications require(s) that a certified check, cashier's check, or insurance company’s executed bond made payable to the City of Leesburg in the amount of five percent (5%) of the base bid accompany your proposal. To ensure its prompt return, please include the company's name and return address on the face of your good faith check or draft. Checks or drafts accepted as good faith deposits will be retained within the City's Finance Department until award and execution of contract is complete, or until a purchase order is issued to the successful proposer. Any proposer withdrawing his proposal after the proposal opening forfeits the right of return of his good faith deposit.

Change Order A written order issued by the Procurement Division to the Successful Bidder/Contractor directing certain changes, additions, or reductions in work or services or in the materials or methods to be used.

City The City of Leesburg, 501 West Meadows Street, Leesburg, Florida 34749.

Contract

The written agreement between the City and the Successful Bidder/Contractor for the provision of goods and/or performance of the work or services in accordance with the requirements of the Bid Documents and for the payment at the agreed bid price or adjusted as a result of an approved change order.

Contract Documents The Bidding Documents, Purchase Order, Contract, and Performance and Payment Bond, together with all Addenda, Supplemental Agreements, and Change Orders.

Governing Law The laws of the State of Florida shall be the laws applied in the resolution of any action, claim or other proceeding arising out of this contract.

Invitation for Bid The announcement requesting the submission of bids.

Project Manager An authorized representative of the City of Leesburg or Engineer, assigned to make any or all necessary inspections of the goods received and/or work performed by the Successful Bidder/Contractor.

Proposal Bid Form The attached form on which it is required that bids be submitted.

Protest Protests of the plans, specifications, and other requirements of bids and requests for proposals must be received in writing by the Purchasing Office at least ten (10) business days prior to the scheduled bid submittal deadline. A detailed explanation of the reason for the protest must be included. Protests of the intended award of bid or contract must be in writing and received in the Purchasing Office within three (3) business days of the notice of intent to award. A detailed explanation of the protest must be included.

Specifications The general term comprising all the directions, provisions, and requirements contained herein, titled "Specifications”, Supplemental Agreements, and Change Orders that may be issued for this Bid and resulting contract, all describing the manner of providing goods and/or performing the work or service, including detailed technical requirements and prescribing the relations between the City and the Successful Bidder/Contractor.

Subcontractor

Any individual, partnership, or corporation supplying labor, materials, or equipment for Work under a subcontract to the Contractor.

Subcontracting The Contractor may subcontract those portions of the Work which are specialized in character and which, under contracting practices, are performed by specialty subcontractors. The Contractor will obtain written approval from the Owner for any and all subcontractors and that portion of the Work that they will subcontract. The Contractor will be fully responsible to the Owner for acts and omissions of his subcontractors and there will be no contractual relation between any subcontractor and the Owner.

Successful Bidder/Contractor The individual, partnership, or corporation to whom the bid is awarded.

Supplemental Agreement A written proposal and acceptance executed by the Owner and the Contractor, with the consent of the Contractor’s Surety, covering the performance and payment of the Work not included in the original Contract which is desired or necessary for the proper completion of the project; or covering changes, additions, or deletions in the Work or in the materials to be used of a magnitude greater than may be properly covered by a Change Order.

Surety “Surety” is an organization which provides a bond, for a consideration, that promises to be liable for the debt, default, or failure of the Contractor. It is a three-party contract by which one party (the Surety) guarantees the performance or obligations of a second party (the Contractor) to a third party (the Owner).

Venue Venue for any claim, action or proceeding arising out of this contract shall be Lake County, Florida.

Work All of the elements and services, including furnishing of materials, tools, labor, equipment, management, etc. required to be performed by the Contractor under the terms of the Contract, Plans, and Specifications in order to deliver the completed project to the Owner

2.2 OFFICIAL SOLICITATION DOCUMENTS AND SOLICITATION POSTING SERVICE

2.2.1 The “official” solicitation document, including specifications, and Proposal Bid Form, and solicitation posting is available from the City’s Purchasing Division or through the City’s current contracted solicitation posting service company (Bonfire).

2.2.2 Interested Bidders should inquire on the solicitation documents directly from the City’s Solicitation Posting website.

2.2.3 This will ensure that Bidders have a complete official solicitation package and record interested Bidders’ contact information for issuance of any addenda and receive solicitation status updates.

2.2.4 The City is not liable for any errors, omissions, etc. of solicitation postings or any solicitation documents obtained from any sources other than those listed above. The City is not responsible for the accuracy, completeness, or timeliness of any documentation or postings the Bidder receives from any other source.

2.3 SOLICITATION UPDATES/STATUS

City staff will not provide solicitation updates or status information over the phone, by fax, or by e-mail. This information is available electronically. To obtain current information regarding this Solicitation visit our Solicitation Posting website.

2.4 SUBMISSION OF BIDS

2.4.1 The Purchasing Division shall receive responses to this Solicitation via the City’s eProcurement platform, Bonfire, no later than the deadline due date and time established within the Solicitation. Responses will not be accepted by any other means.

a. ELECTRONIC SUBMISSIONS (Mandatory Method)

Enter information and upload completed Forms/Documents using the City’s online solicitation management portal (see the above paragraph titled “Official Solicitation Documents and Solicitation Posting” Service”. visit our Solicitation Posting website.

Vendors will need to log in or create an account in advance of uploading submissions.

When submitting an offer electronically through the Solicitation Posting portal, please allow sufficient time to complete the online forms and upload documents.

The solicitation will end at the closing time listed in the solicitation. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your offer will be put at a “draft” status and will not be accepted. Only bids that have a status of “Submitted” within Bonfire will be accepted for review.

It is recommended that the submission process be completed the day prior to the due date, with the knowledge that any changes/updates will be accepted up to the due date and time.

https://leesburgflorida.bonfirehub.com/portal/?tab=openOpportunities

If technical difficulties arise during the submission of the Solicitation response, it is the Submitting Vendor’s responsibility to contact Bonfire technical support. For support, click on the “Help” link on the Solicitation Posting portal.

Should any technical issues with the Platform (not user/Vendor issues) prevents any Vendor from submitting a response within the two (2) hours immediately before the due time, the solicitation due date and time may be extended thru the issuance of an addendum by the City. The technical issue must be by the Platform provider (Bonfire) and affect all participating Vendors. The City shall verify the technical issue or unavailability of the Platform with Bonfire, the system provider. Technical issues localized to a single vendor will not be considered a red cause for an extension. City shall not be responsible for delays caused by any other occurrence.

2.4.2 The City and the Solicitation Posting portal site will accept a wide variety of document types, such as Word, Excel, and PDF, though not all formats are supported You MAY NOT submit documents that are embedded (zip files), movies, wmp and mp3 files or password protected files, and printing must be enabled. Such actions may cause your submittal to be deemed as "Non-responsive".

2.4.3 Your submittal package may include but is not limited to, the Proposal Bid Form, any other required forms, and each accompanying sheet on which an entry has been made by the submitting Bidder.

2.4.4 It is the Bidder’s responsibility to assure that the submittal is entered and posted online or delivered by the posted submission deadline. The delivery date and time will be scrupulously observed.

2.4.5 The City will in no way be responsible for delays in the online system or delivery to the Procurement Division caused by delivery service (US Postal Service, FedEx, UPS, etc.), delivery to any other City office other than the above addresses, traffic, parking, location of facilities or office, or delays caused by any other occurrences.

2.4.6 Under no circumstances will submittals received after the due date and time specified to be considered. Submittals received after the due date and time will be disqualified as late and will not be recorded as a responding Vendor. Submittals delivered to the City will be returned to the Vendor unopened.

2.4.7 Do not return the entire solicitation package. Only the Proposal Bid Form, any other required forms, and each accompanying sheet on which an entry has been made by the Submitting Vendor should be included in their Submittal package.

2.4.8 For Products Only: The Bidder represents that the product(s) to be furnished under this Solicitation is/are new and unused unless specifically so stated and that the quality has not deteriorated so as to impair its usefulness.

2.5 PREPARATION OF BIDS

2.5.1 Only the Bidder is solely responsible for reading and completely understanding the bid documents and attachments (if any). Failure to do so will be at the Bidder's risk.

2.5.2 All bids accepted by the City are subject to the City’s terms and conditions and any and all additional terms and conditions submitted by the Bidders are rejected and shall have no force and effect.

2.5.3 Bids must be submitted on the attached Proposal Bid Form. The Proposal Bid Form is a mandatory form to ease bid tabulation and analysis; however, additional supportive forms can accompany it. Bids submitted in any other format will be disqualified.

2.5.4 Each Bidder will furnish the information required on the Proposal Bid Form and each accompanying sheet thereof on which he makes an entry. All prices and blank spaces in the Proposal Bid Form and accompanying sheets must be filled in legibly and correctly in ink or typed written. No erasure permitted. Mistakes may be crossed out, corrections typed adjacent, and must be initialed and dated in ink by the person signing the bid.

2.5.5 An officer or representative who has official authorization to sign bids MUST sign the Proposal Bid Form. All bids must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signatures must be fulfilled. If the bid is made by an individual, he must sign his name therein and state his business address and the name and address of every other person interested in the bid as principal. If the bid is made by a firm or partnership, its name and business address must be stated as well as the name and address of each member of the firm or partnership. If the bid is made by a corporation, the bid must be signed by some authorized officer or agent, subscribing the name of the corporation with his own name and affixing the corporation seal.

2.5.6 An unsigned bid is not a valid offer and therefore, must be signed to be considered by the City.

2.5.7 ELECTRONIC SIGNATURES

In accordance with Section 668.001 through 668.06, Florida Statutes, the City will accept electronically filed and signed documents in regards to the execution of contracts and contract related documents meeting the requirements as stated in the City’s Procurement Policy.

2.6 EXCEPTIONS TAKEN TO SPECIFICATIONS

2.6.1 In the event you elect to bid, but must take exceptions to the bid specifications, the Bidder will be required to make a notation by the particular specification that does not conform to the minimum requirement.

2.6.2 Notation will be in the form of marking through the particular specification taking exception to and indicating the true specification of the item either on the same page the specification is listed or on the Bidders’ company letterhead.

2.6.3 Only those pages that the Bidder is taking exception to should be returned with the Bid Proposal Form.

2.7 WITHDRAWAL OR CORRECTION OF BIDS

2.7.1 Bids may be withdrawn or corrected prior to the due date and time by written request dispatched by the Bidder and received by the Purchasing Division before the time for receiving bids has expired. Written requests hand delivered to the Procurement Division may also require identification, such as a business card and/or driver’s license.

2.7.2 After the bid due date and time, a Bidder cannot withdraw or correct a bid. Negligence on the part of the Bidder in preparing a bid is not grounds for withdrawal or modification of a bid after the bid’s due date and time. The bid submitted must be in force for 65 calendar days after opening. Bidders may not assign or otherwise transfer their bid.

2.8 CONTACT PERSON CONCERNING INQUIRIES OF THIS BID

2.8.1 Every request for interpretations or corrections, whether technical or general in nature, must be submitted in writing via the City’s eProcurement portal, Bonfire.

2.8.2 These inquiries must be received by the Purchasing Division via Bonfire, the City’s eProcurement platform, no later than 5:00 P.M. on Friday, August 8, 2025 in order to provide adequate response time to queries and issue an addendum, if necessary.

2.8.3 Questions concerning the technical specifications will be forwarded by this office to the appropriate requesting department/division. All Prospective Bidders are not to contact any member of the Leesburg staff or officials other than the above specified contact person unless explicitly authorized by this office.

2.9 ADDENDUM

2.9.1 No interpretation of the meaning of the bid documents, attachments (if any), or any other related documents, nor correction of any apparent ambiguity, inconsistency, or error therein, will be made to any Bidder orally.

2.9.2 Only the interpretation or correction given and issued thru a written addendum by the Procurement Division will be binding, and potential proposers are warned that no other source is authorized to give information concerning, explaining, or, interpreting the Solicitation documents.

2.9.3 Changes to this Solicitation, when deemed necessary by the City, will be completed only by written Addendum(s) issued prior to the bid submittal deadline. Addendums to the Solicitation will be posted on the City’s Purchasing Department website (see the above paragraph titled “Solicitation Updates/Status”) as they are issued. It is the sole responsibility of Bidders to routinely check this website for any Addendum that may have been issued prior to the submittal deadline for receipt of bids.

2.9.4 It is the Bidder’s sole responsibility to assure and acknowledge receipt of all Addendums.

Bidders should acknowledge the receipt of all addenda as part of their submission. In case any Bidder fails to acknowledge receipts of any such addendum in the space provided on the Proposal Bid Form, the bid will nevertheless be construed as though the addenda have been received and acknowledged, and the submission of the bid will constitute acknowledgment of the receipt of addenda.

2.10 PUBLIC OPENING

2.10.1 The City will hold a public opening immediately following the posted submittal deadline.

This opening will be held via Zoom. Click on the link to access the Bid Opening:

https://us02web.zoom.us/j/89476830618?pwd=ckMk5XVbyOgsrVXfw4dk7NeDyQusml.

1. Meeting ID: 894 7683 0618. Passcode: 343840.

2.10.2 Whenever possible, the total base bid amounts tabulated by each Bidder will be read aloud at the public opening. However, bid amounts announced at the public opening are subject to change due to math errors made by Bidders.

2.11 SOLICITATION TABULATION

The Solicitation Tabulation is typically made available 48 hours after the submittal deadline. To obtain this information, see the above paragraph titled “Solicitation Updates/Status”. City Staff will not provide submittal results over the phone.

2.12 USE OF TRADE NAMES

2.12.1 Specifications used are intended to be open and nonrestrictive. Any reference to a brand name will not be construed as restricting to that manufacturer, but used as a minimum standard of quality. When the Bidder makes no reference or change on the Proposal Bid Form, it is understood that the Bidder will furnish the specific brand named in the bid. If bidding on an item other than the make, model, brand, or number as shown and offered as an equal, complete technical information, specifications, manufacturers’ name, and catalog reference must be clearly stated on the Proposal Bid Form or attached letter. Any deviation between the brand offered and the brand specified must also be clearly indicated.

https://us02web.zoom.us/j/89476830618?pwd=ckMk5XVbyOgsrVXfw4dk7NeDyQusml.1 https://us02web.zoom.us/j/89476830618?pwd=ckMk5XVbyOgsrVXfw4dk7NeDyQusml.1

2.12.2 Certain items will be excluded from the above paragraph. The City has found it effective to standardize on certain items. Approval has been granted by the City Manager or Commission to standardize on specific items. A proper notation will be indicated in the bid for any such items.

2.13 DELIVERY

Time of delivery is of the essence in the performance of the contract, and failure to perform in accordance with the delivery deadline(s) set forth in the bid document will constitute default. Unless a written extension is obtained from the City prior to the delivery deadline(s), there will be no excuse for untimely performance. The granting and duration of extensions will be subject to the exclusive discretion of the City.

2.14 RESERVED RIGHTS OF THE CITY

2.14.1 The City may award any item or group of items or any bid unless the Bidder qualifies his bid by specific limitations.

2.14.2 The City reserves the right to accept and award or reject any or all bids, with or without cause, to waive technicalities, or to accept the bid which, in its judgment, best serves the interest of and is the best value to the City

2.15 TAXES

The City is exempt from paying state and local sales tax when payment is made directly by the City (Florida Statute Ch. 212.08(6). This exemption does not include sales of tangible personal property made to contractors employed either directly or as agents by the City when such tangible personal property goes into or becomes a part of City inventory owned by the City. The City of Leesburg, Florida has the following tax-exempt certificates assigned:

Certificate of Registry No. 59-6000362 for tax-free transactions under Chapter 32, Internal Revenue Codes.

Florida Sales & Use Tax Exemption Certificate No. 85-8015934594C-5 (eff. thru 07/31/2027).

2.16 DEFAULT

As a result of bids received under this Invitation, the award of the bid/contract may be based, in whole or in part, on delivery and specification factors. Accordingly, should the Bidder not meet the delivery deadline(s) set forth in the specifications or should the Bidder fail to perform any of the other provisions of the specifications and/or other contract documents, the City may declare the Bidder in default, and terminate the whole or any part of the contract. Upon declaring the Bidder in default and terminating the contract in whole or in part, the City may procure and/or cause to be delivered the equipment, supplies, or materials specified, or any substitutions therefore, and the Bidder will be liable to the City for any excess costs, including but not limited to any reasonable attorney fees should any element of default be litigated in court or disputed in such a manner that requires the services of an attorney, resulting therefrom. Where the Bidder fails to comply with any of the specifications, except for delivery deadlines, the City may, at its discretion, provide the Bidder with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specific period. Such notification will not constitute a waiver of any of the City's rights and remedies hereunder.

2.17 PATENT INDEMNITY

Except as otherwise provided, the Successful Bidder agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon letters patent of the United States arising out of the performance of this bid/contract or out of the use or disposal by or for the account of the City of supplies furnished or services or construction work performed hereunder.

2.18 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as its own organization, that in connection with this procurement:

The prices in this bid have been arrived at independently, without competition, as to any matter relating to such prices with any other Bidder or with any competitor.

Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor.

No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not submit a bid for the purpose of restricting competition.

Bidder warrants the prices set forth herein do not exceed the prices charged by the Bidder under a contract with the State of Florida Purchasing Division.

The Bidder agrees that supplies/services furnished under this quotation, if awarded, will be covered by the most favorable warranties, the Bidder gives to any customer for such supplies/services and that rights and remedies provided herein are in addition to and not limit any rights offered to the City by any other provision of the bid award.

2.19 QUALIFICATIONS OF BIDDERS

The City reserves the right, before awarding the Bid, to require a Bidder to submit such evidence of its qualification(s) as it may deem necessary, and may consider any evidence available to it of the financial, technical, and other qualifications and abilities of a Bidder.

Bidders may be required to show that they have had experience in work of the same or similar nature and that their organization has been in formal existence and engaged in similar type work for not less than five (5) years.

2.20 DISQUALIFICATION OF BIDDERS

2.20.1 Any of the following causes may be considered as sufficient for the disqualification of a

Bidder and the rejection of his bid:

Failure to sign the Proposal Bid Form.

Failure to submit valid Bid Guarantee (if called for in bid) with Proposal Bid Form.

Submission of more than one bid for the same work by an individual, firm, partnership, or corporation under the same or different names;

Evidence of collusion among Bidders;

Previous participation in collusive bidding on work for the City of Leesburg, Florida;

Submission of an unbalanced bid in which the prices bid for some items are out of proportion to the prices bid for other items;

Lack of competency of Bidder. The contract will be awarded only to a Bidder rated as capable of performing the work. The City may declare any Bidder ineligible at any time during the process of receiving bids or awarding the bid where developments arise which, in the opinion of the City, adversely affect the Bidder's responsibility; however, the Bidder will be given an opportunity by the City to present additional evidence before final action is taken;

Lack of responsibility as shown by past performance;

Unsatisfactory Performance/Uncompleted work for which the Bidder is committed by a contract which, in the judgment of the City, might hinder or prevent the prompt delivery and/or completion of the work under this bid if awarded to such Bidder;

Being in arrears on any of its existing contracts with the City, in litigation with the City, or having defaulted on a previous bid and/or contract with the City.

2.21 REJECTION OF IRREGULAR BIDS

Bids will be considered irregular and may be rejected if they show omissions, alterations of form, additions not called for, conditions, limitations, unauthorized alternate bids, or other irregularities of any kind. The City reserves the right to waive any informalities or irregularities of bids, or to reject any or all bids.

2.22 AWARD OF BID

2.22.1 The correct summation of the correct products, obtained by multiplying the estimated quantities shown on the Proposal Bid Form and/or Itemized Bid Tabulation by the unit bid prices entered therein, together with the lump sum bid prices, if any, will be considered as the total bid price. In the event of a discrepancy between a unit bid price and an extension, the unit bid price will govern.

2.22.2 The bid, if awarded, will be awarded to that responsible Bidder whose bid is in the best interest of, best value to, and most advantageous to the City. Factors the City could include, but may not be limited to, price, compliance with specifications, Bidder’s ability to perform, prior performance (if any) with the City, warranty offered, delivery or time of completion, Bidder's financial capability, and other factors specified in the bid.

2.22.3 The tentative award recommendation posting date is in the Tentative Calendar of Events paragraph in the General Specifications Section and on the Bid Tabulation. However, this date is subject to change. It will be the responsibility of the Bidder to visit our “Solicitation Posting” website to check on the status of the award recommendation. To obtain this information, see the above paragraph titled “Bid Updates/Status of Bid”.

2.23 SAMPLES

2.23.1 Samples of items, when required, must be furnished free of expense to the City and if not called for within thirty (30) days from the date of notification to retrieve, the same will be disposed of in the best interest of the City.

2.24 PUBLIC ENTITY CRIME STATEMENT

2.24.1 In accordance with paragraph (2)(a) of Section 287.133, Florida Statutes, "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity over the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."

2.25 DRUG-FREE WORKPLACE PROGRAM PREFERENCE

2.25.1 In Accordance with Section 287.087, Florida Statutes, “Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.”

2.25.2 Established procedures for processing tie bids will be followed if none of the tied vendors has a drug-free workplace program.

2.25.3 In order to have a drug-free workplace program, a business shall comply with the requirements as established in the statute. If your business complies with these requirements and would like to be given preference, in case of a tie bid/proposal, then the vendors will be asked to complete a "Drug-Free Workplace Program Certification Form". The Bidder is not required to complete the form at this time.

2.26 PUBLIC RECORDS – SOLICITATION SUBMITTAL INFORMATION AND DOCUMENTS

Florida law (Florida Statute 119, the Public Records Law) requires that municipal records shall at all times be open for personal inspection by any person. Information and materials received by City in connection with a solicitation response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 30 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 Submitter believes any of the information contained in their response is exempt from the Public Records Law, then the Submitter, must in their response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption. The City's determination of whether an exemption applies shall be final, and the Submitter agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records.

2.27 PUBLIC MEETING AND NOTICES

2.27.1 In accordance with Florida Statute 286.011, all meetings, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. Reasonable notice of meeting a provided under the “Tentative Schedule of Activities” paragraph located in the General Specifications section.

2.28 OBSERVE ABOVE INSTRUCTIONS

Failure to observe any of the above instructions and conditions may constitute grounds for rejection of your bid.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html

2.29 PRIORITY OF SPECIFICATIONS

In the event of conflicts or inconsistencies in the bid documents, priority will be given to the requirements in the Technical Specifications then to the General Specifications of the bid. Technical Specifications override the General Specifications and the General Specifications will override the Bidding Instructions, Terms, and Conditions.

2.30 TIME EXTENSION OF BID

In addition, the Board of City Commissioners, Leesburg, Florida, reserves the option to extend the time period of the bid, including all terms and conditions of the bid documents.

Such time extension will be by mutual agreement in writing.

2.31 CONFLICT OF INTEREST

All Bidders must disclose, with their bid submittal, the name of any officer, Director, or agent who is also an officer or employee of the City of Leesburg. Furthermore, all Bidders must disclose the name of any City of Leesburg officer or employee who owns, directly or indirectly, an interest of ten percent (10%) or more of the Bidder’s firm or any of its branches, subsidiaries, or partnerships. Failure to disclose in this manner will result in the disqualification of the Bidder or the cancellation of work. It is the sole responsibility of the Bidder to ensure compliance with this requirement. Please complete and submit the “CONFLICT OF INTEREST STATEMENT FORM” with your submittal.

2.32 NON‐COLLUSION/LOBBYING CERTIFICATION

All Bidders shall file a statement executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the bid submittal. In addition, no City appropriated funds have been paid to any person for influencing or attempting to influence a member of the City Commission, City Manager or any City employee in connection with the awarded agreement as a result of this solicitation process. Please complete and submit “NON‐COLLUSION/LOBBYING CERTIFICATION FORM” with your submittal.

2.33 DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS CERTIFICATION

The prospective contractor of the City of Leesburg, certifies, by submission of a bid and signing the “Proposal Bid Form”, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Please complete and submit “DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS CERTIFICATION FORM” with your submittal.

3 ADDITIONAL INSTRUCTIONS

3.1 DEFINITIONS

Whenever used in these bidding documents, Contract, or in any documents or instruments pertaining to the activity where these specifications govern the following terms are used, the intent and meaning will be interpreted as follows:

Bid Bond A “Bid Bond” is a form of bid security executed by the Bidder as principal and by a surety to guarantee that the Bidder will enter into a contract within the specified time and furnish any required Performance and Payment Bond(s).

Engineer Where the word "Engineer" appears in these specifications, it refers to the City’s engineering consultant or its authorized representative.

Equipment All machinery together with the necessary supplies for upkeep and maintenance and all tools and apparatus necessary for the proper construction and acceptable completion of the work.

Owner The project is owned by the City of Leesburg, Florida with whom the Contract will be made. Where the word "Owner" appears in these specifications, it refers to the authorized representative of the City. Bids and all subsequent communications between the Owner and the Contractor will be delivered to the City.

Performance and Payment Bond A “Performance and Payment Bond” is a bond executed by the Contractor/Vendor and by a surety to guarantee that the Contractor/Vendor will perform, in good faith, the work in full conformity with the terms of the Contract Documents and will promptly pay all persons supplying labor or materials for the work.

Plans The drawings, if any, or reproductions thereof, prepared by the Engineer, which show the locations, character, dimensions, and details of the work to be done. All working drawings submitted by the Contractor and approved by the Engineer become part of the Plans.

Subcontractor Any individual, partnership, or corporation supplying labor, or materials, for work under a subcontract to the Contractor, or the site of the project.

Subcontracting The Contractor may subcontract those portions of the work which are specialized in character and which, under contracting practices, are performed by specialty subcontractors. The Contractor will obtain written approval from the Owner for any and all subcontractors and that portion of the work that they will subcontract. The Contractor will be fully responsible to the Owner for the acts and omissions of his subcontractors and there will be no contractual relation between any subcontractor and the Owner.

Supplemental Agreement A written proposal and acceptance executed by the Owner and the Contractor, with the consent of the Contractor's Surety, covering the performance of work not included in the original Contract which is necessary to the proper completion of the project, or covering changes, additions or reductions in the work or in the materials or methods to be used of a magnitude greater than may properly be covered by a Change Order.

Surety “Surety” is an organization which, for a consideration, promises in writing to make good the debt or default of the Contractor/Vendor.

Work All work including the furnishing of materials, tools, equipment, incidentals, etc., to be performed by the Contractor under the terms of the Contract, Plans, and Specifications.

3.2 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

The Bidder is required to examine carefully the site of the work and the plans and other bid documents for the work contemplated, and it will be assumed that the Bidder has investigated and is fully informed of the conditions and obstructions to be encountered, of the character, quality, and quantities of work to be performed and materials to be furnished and of the requirements of the plans and other contract documents. The Bidder must inform himself fully of the conditions under which the work is to be performed in relation to both construction and labor conditions; failure to do so will not relieve a Successful Bidder of his obligations to furnish all materials, equipment, and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work for the consideration set forth in his Bid

3.3 BID GUARANTEE

Each bid must be accompanied by a Bid Guaranty in the form of a cashier's check made payable to the CITY OF LEESBURG, FLORIDA, or a bid bond, duly executed by the Bidder as Principal and having as surety thereon a surety company satisfactory to the Owner.

The surety company issuing the bond must be acceptable to the City as specified in this document. The guarantee so furnished will be in the amount not less than five percent (5%) of the amount of the total bid price. Failure of the Bidder to submit a valid Bid

Guaranty is not a minor technicality that the City waives and as such if the Bidder fails to submit a valid Bid Guarantee with the Proposal Bid Form the City will reject the bid.

3.4 GUARANTY OF FAITHFUL PERFORMANCE AND PAYMENT

A performance and payment bond satisfactory to the Owner, on the form attached to the contract portion of this document, in an amount not less than one hundred (100) percent of the total bid amount will be required of the successful Bidder to guarantee that he will deliver a completed project under his contract in strict accordance with the Contract Documents. The surety company issuing the bond must be acceptable to the City as specified in this document. It guarantees the Bidder will pay promptly all persons supplying him with labor or materials for the work. It further guarantees he will repair or replace for a period of two (2) years after first acceptance by the City all work performed or furnished according to the terms of the Contract, and make good any such defects, thereof, which have become apparent before the expiration of said period of two (2) years. The Successful Bidder will deliver the completed bond to the Owner with the executed Contract as required with the name and telephone number of the agent for Surety Company. It is further required that time on the bond must not expire until final acceptance by the City of Leesburg, after the two-year maintenance period.

3.5 POWER OF ATTORNEY

3.5.1 Attorneys-in-fact, who signs bid bonds or performance and payment bonds (if required), must file with such bonds, a certified copy of their authority to sign such bonds.

3.5.2 Attorneys-in-fact, must place name, address, and telephone number on this certification.

3.6 SURETY COMPANIES ACCEPTABLE TO CITY OF LEESBURG

3.6.1 To be accepted to the City of Leesburg as Surety for Bid, Payment, Performance, and

Materials and Workmanship Bonds, a Surety shall comply with the following provisions:

A. The surety must be registered and licensed to do business within the State of Florida.

B. The Surety shall have been in business and have a record of successful continuous operations for at least five (5) years.

C. The Surety must be licensed to do business in the State of Florida, must be included on the United States Department of the Treasury’s Listing of Approved Sureties, and must have at least an “A-” rating in accordance with the most current A.M. Best Company financial strength ratings.

D. Reinsurance:

Any risk or portion of any risk, which shall have been reinsured (in which case these minimum requirements contained herein only apply to the reinsuring carrier), in assuming the insurer authorized or approved by the Insurance Commissioner to do such business in the State shall be deducted in determining the limitation of risk prescribed in this section.

E. In the case of a Surety insurance company, there shall be deducted in addition to the deduction for reinsurance, the amount assumed by any co-surety; the value of any security deposited, pledged or held subject to the consent of the Surety and for the protection of the Surety.

F. No compensation shall be made for providing Bonds as prescribed in this section.

3.7 EXECUTION OF CONTRACT

The Bidder, to whom the contract is awarded, will within ten (10) days after the date of the award execute and deliver to the Purchasing Division the contract, the performance and payment bond, satisfactory to the City of the authority of the person or persons executing the contract and the Certificate of Insurance. The above documents must be furnished, executed, and delivered before the City will execute the contract. The contract will not be binding upon the City until the City has executed it and a copy of the fully executed contract is delivered to the Contractor.

3.8 FAILURE TO EXECUTE CONTRACT - BID GUARANTY FORFEITED

Failure upon the part of the Bidder to whom the contract has been awarded to execute and deliver the contract and the performance and a payment bond (if required) and to furnish the evidence required above herein within ten (10) days after the date of the award, will be just cause for the annulment of the award and the forfeiture of the bid guaranty to the Owner, which forfeiture will be considered not as a penalty, but in liquidation of damages sustained. An award may then be made to the next lowest responsible Bidder, or all bids may be rejected and the contract again is advertised.

3.9 NOTICE AND SERVICE THEREOF

3.9.1 All notices given by the Senior Buyer, or the assigned representative, under the provisions of this contract will be in writing, and service of the same may be in either of the following manners:

A. By delivery of such Notice to the Contract or any officer of the Contractor if said Contractor is a corporation or to any agent or superintendent of the Contractor.

B. By mailing such notice by registered mail to the address of the Contract shown on the Contractor's bid.

3.10 TIME OF CONTRACT

3.10.1 The time given to complete this project is within/by 180 calendar days from receipt of the

Notice to Proceed. Failures upon the part of the Bidder to whom the contract has been awarded to complete the contract within/by 180 calendar days after receiving the notice to proceed will be assessed liquidation damages in the amount of $1,685 per day.

3.10.2 No forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the contractor (including but not restricted to Acts of God or the public enemy, acts of the government, acts of the City, or acts or another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes or delays caused by the failure of the City or the owner of a utility to provide for removal or relocation of existing utility facilities). Any such delays shall not entitle the Contractor to any additional compensation. The sole remedy of the contractor shall be an extension of time obtained in accordance with this section.

3.10.3 The Contractor shall, within five (5) days from the beginning of any such delay, submit to the City a Contract Change Order Request Form explaining the cause of delay, whereupon the City shall ascertain the facts and extent of the delay and extend the time for completing the work if, in his judgment, the findings of fact justify such an extension, and his findings of facts thereon shall be final and conclusive.

3.11 MAINTENANCE BOND

Upon completion of the construction and prior to receiving final payment the contractor will be required to provide a maintenance bond in the amount of ten (10%) percent of the contract amount. It will guarantee that he will repair or replace for a period of two years after completion of all work performed or furnished and make good any defects thereof, which become apparent prior to the expiration of that two-year period. The Contractor will obtain the bond through a surety bond agency acceptable to the City as stated in this document. The Surety Company is to provide the address of the Surety Company and the name and telephone number of the agent that serves the local area.

3.12 PAYMENTS

Upon receipt of an invoice from the Contractor and certification by the City’s Public…