1-ITB-SWE-26-18 Project Manual, Forms, Draft Contract.pdf

ITB-SWE-26-18

INVITATION TO BID:

SOD MATERIALS AND SOD

INSTALLATION

ITB #: ITB-SWE-26-18

BID MANUAL

Finance Department 160 Lake Avenue

Budget & Procurement Office Palm Coast, FL 32164

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TABLE OF CONTENTS PAGE

Overview _________________________________________________________________________ 2

About Palm Coast __________________________________________________________________ 3

Goods/Services General Requirements _________________________________________________ 4

Bid Process _______________________________________________________________________ 7

Instructions to Bidders _____________________________________________________________ 13

Price Schedule ___________________________________________________________________ 15

References ______________________________________________________________________ 16

FORM 1- Conflict of Interest Statement _______________________________________________ 18

FORM 2 – Debarment Certification ___________________________________________________ 20

FORM 3 – Certification of Authorized Signatory _________________________________________ 22

FORM 4 – Compliance Certification Form ______________________________________________ 23

FORM 5- E-VERIFY Registration and Use AFFIDAVIT ______________________________________ 26

FORM 6-2 CFR 200.321 Affirmative Step Requirements ___________________________________ 28

FORM 7– PUR 1355 _______________________________________________________________ 29

FORM 8 – AFFIDAVIT OF COMPLIANCE ________________________________________________ 30

CONTRACT TEMPLATE _____________________________________________________________ 31

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OVERVIEW

CITY OF PALM COAST

INVITATION TO BID (ITB)

TITLE

SOD MATERIALS AND SOD INSTALLATION

REFERENCE

ISSUED

November 12, 2025

DUE

December 4, 2025 at 2 p.m.

PROCUREMENT COORDINATOR

SHANNON KEOUGH-NOLAN

(386) 986-3731 SKNolan@palmcoastgov.com

PROJECT MANAGER

ANDY HYATT

(386) 986-4716 ahyatt@palmcoastgov.com

BRIEF DESCRIPTION

This Invitation to Bid is issued for the purpose of soliciting proposals from qualified vendors to provide sod services for various sod projects throughout the city.

OTHER KEY DATES AND MEETINGS

Question Deadline: November 20, 2025 at 2 p.m.

Bid Deadline: December 4, 2025 at 2 p.m.

The above outlines the deadlines applicable to this ITB. City reserves the right to modify or change the scheduled deadlines at its sole discretion and will provide notice to the Bidders of any such change(s).

DOCUMENT AVAILABILITY, SUBMISSION, OTHER INFORMATION

Bid solicitation documents are available through the City’s Procurement Portal at (https://palmcoastgov.bonfirehub.com/portal). Bids shall be received electronically through the City’s Procurement Portal by the specified time and date. No other method of submission will be allowed or considered (i.e. Mailed, emailed, or hand delivered).

The City of Palm Coast uses its best efforts to divide total requirements, when economically feasible, into smaller tasks or quantities and to establish delivery schedules, where the requirement permits, in order to encourage participation by minority businesses, women’s business enterprises, and labor surplus area firms in compliance with CFR 200.321. In addition, the City will consider requests from qualified business enterprises to further divide total requirements, when economically feasible, into smaller tasks or quantities and further adjust delivery schedules, where the requirement permits, which encourage further participation by minority businesses, women’s business enterprises, and labor surplus area firms .

Review requests should be submitted on the portal, https://palmcoastgov.bonfirehub.com/portal, on the Messages Tab under Opportunity and Q&A, upon Project Opening and prior to the posted Questions Deadline.

https://palmcoastgov.bonfirehub.com/portal

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ABOUT PALM COAST

The City of Palm Coast, located in Flagler County on the northeast coast of Florida, is situated halfway between St.

Augustine and Daytona Beach and about 70 miles from both the Jacksonville and Orlando metropolitan areas. Palm Coast's Interstate 95 Exit 284 (at State Road 100) is the closest I-95 exit to the beach from Maine to Miami. Palm Coast covers approximately 60 square miles and is situated on 70 miles of saltwater and freshwater canals and the Intracoastal Waterway, providing residents with abundant fishing and boating opportunities.

The City of Palm Coast is one of Florida's newest cities; incorporated in 1999. Palm Coast is a full-service City government servicing approximately 93,000 residents and 37,000 households. It offers a comprehensive list of services including Utility, Public Works, Administrative Services and Economic Development, Finance, Information Technology, Parks & Recreation, Fire and Human Resources. Law Enforcement Services are provided by the Flagler County Sheriff’s Office. Facilities owned and operated by the City of Palm Coast include City Hall, the Utility Office, three water treatment plants, two wastewater treatment plants, the Public Works yard, the Palm Coast Community Center, the Stormwater facility, and five fire stations.

Palm Coast also provides its residents with a dozen City parks, a tennis center, a golf course, a swimming pool, and more than 125 miles of connecting multiuse pathways for walking, running and bicycling. Parks and other recreational amenities are open seven days a week, usually from morning to night.

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GOODS/SERVICES GENERAL REQUIREMENTS

INTRODUCTION – OVERVIEW AND OBJECTIVES

The scope of this project is to purchase sod on an annual basis for City-Wide use either by the piece or by the pallet or by rolls, picked up by the City, delivered or installed. Each department will purchase sod based on their specific needs, so purchased quantities may vary based on the ordering department. The majority of the sod purchases will be made from the Stormwater department, but other departments throughout the City will be utilizing the pricing on this contract for their sodding needs. Please take this information into consideration when determining your pricing and adjust accordingly.

SCOPE OF SERVICES

PRODUCT SPECIFICATIONS: Bidders shall quote prices for each type of sod; one for sod only, one for sod delivered, and one for sod, delivered, laid in place and installed. The sod shall be well matted with roots. The Sod shall be taken up in commercial size rectangles 12 inches by 24 inches or larger & at least 1 1/4" thick. When the City purchases "Sod Only" the Sod shall be loaded by the bidder's equipment on City trucks on 4' X 4' pallets. When the City purchases “sod delivered” or “sod delivered, laid and installed”, the sod shall be delivered and may be in a size and form that is desired by the installers. The City will prepare all dirt and ground work for sod however some minimal preparation work (hand raking, shoveling, etc.) may be required by the contractor at installation. The Sod shall be sufficiently thick to secure a dense stand of live grass. It shall be live, fresh, and uninjured at the time of planting. The Sod shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and other grasses. If applicable please include nematode testing.

(Submit documentation with bid.) Approved devices, such as sod cutters, shall be used for cutting the Sod and due care shall be exercised to retain the native root soil intact. The sod should be a cultivated grass sod matching the type being replaced with strong fibrous root system, free of stones, burned or bare spots; containing no more than 10 weeds per 1,000 sq. ft.

The wooden pallets will be returned to the vendor whenever possible; however, the City will neither be held responsible nor penalized for non-return of the pallets, to include pallet deposit fees. When requested, a letter of Certification from the grassing Vendor as to when the sod was cut and what type shall be provided to a City employee upon delivery of the sod. Delivery will be to various Maintenance Yards and Job Sites throughout out the city of Palm Coast. Delivery will be made in accordance with the Prices/Delivery Section of the Special Conditions of this contract. The sod ordered may be delivered to multiple locations with no additional delivery charges.

Invoices received for payment without a purchase order number or without signed tickets will not be paid. The Vendor has three (3) days upon written/phone notification (phone, fax, email, U.S. postal service, or carrier service) to be on-site and lay requested amount of sod.

Pricing will be based on the quantity of sod per order. Multiple installation locations on the same residential street are to be calculated and billed as a combined total square footage when all locations are ordered at once, not calculated and billed as individual locations. Invoices must include the full street name to include the suffix (lane, court, place, etc.) for each line item.

B. Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from a well-drained site; free of subsoil, clay, or impurities, and weeds.

HARVESTING SOD

A. Machine cut sod or rolls and load on pallets in accordance with ASPA Guidelines.

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SOD

A. All sod except for Bahia, regardless of species, will be free of weeds.

LAYING SOD

A. Lay sod within 24 hours after harvesting to prevent deterioration.

B. If ground level is found to be uneven either due to weather or mechanical disturbance the sod will not be laid and the requestor notified immediately of the ground conditions.

C. Lay sod tight with no open joints visible, and no overlapping; stagger end joints 12 inches minimum. Do not stretch or overlap sod pieces.

D. Lay smooth. Align with adjoining grass areas.

E. Send notification to requestor within 24 hours that the requested sod job has been completed.

AWARD

Contracts for this Invitation to Bid may be awarded to one or more vendors. Orders will be place based on the combination of pricing and availability when needed.

EQUIVALENT MATERIALS AND EQUIPMENT: Whenever materials or equipment are specified or described in the specifications by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by the City if sufficient information is submitted by Bidder as follows to allow the City to determine that the material or equipment proposed is equivalent to that named:

• Requests for review of substitute items of material and equipment will not be accepted by the City from anyone other than Bidder. If Bidder wishes to furnish or use a substitute item of material or equipment, Bidder shall indicate this action within this solicitation, make written application to the City for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified.

• All variations of the proposed substitute from that specified shall be identified in the bid and the Bidder is responsible for any expense incurred by the City from evaluation and acceptance of the proposed substitute, including claims of other Bidders affected by the resulting substitute, all of which will be considered by the City in evaluating the proposed substitute. City may require Bidder to furnish, at Bidder’s expense, additional data about the proposed substitute.

• City shall be the sole judge of acceptability, and no substitute shall be ordered without the City's acceptance.

However, City reserves the right to reject any proposed substitute which would result in an increase in contract price, and the City may require Bidder to furnish at Bidder’s expense a special performance guarantee or other surety with respect to any substitute. If approval is given, Bidder shall not be excused from performing in conformity with the requirements of the contract documents.

• Bidder assumes sole responsibility for verifying that the proposed substitute items are in accordance with the requirements of the contract documents, and that the specifications and all other features of substitute items are suitable for their intended purpose. In the event that the City determines that the Bidder's proposed equal does not meet the specifications, the successful Bidder will be required to provide the named item in the specifications or another acceptable equal at no additional cost to the City.

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TECHNICAL ACCEPTABILITY OF TRADE NAME PROPOSED: In instances where the Specifications make this subject applicable, any use therein of brand names, manufacturer's makes, trade names, information and/or catalog numbers are so used for the purpose of providing description and for establishing acceptable quality levels. Such references are not intended for the purpose of placing restrictions upon Bidders (other than as to quality) and Bidders may propose and describe brands believed to be equal or better than the otherwise specified brand. Unless otherwise stated in the Specifications, f offering other than the trade name specified by the City, explain in detail the differences between the equipment proposed and the equipment specified.

Also explain what impact may be anticipated in performance of the equipment. These explanations must be provided on specification sheet or on company letterhead, and attached to the bid. Contractor shall be required to provide all specifications of proposed substituted materials for City to utilize for comparison. The City shall determine if the brands offered are technically acceptable. Failure to comply may result in the rejection of the bid. All exceptions shall be stated no matter how seemingly minor. Any exceptions not taken shall be assumed by the City to be included in the bid submittal, regardless of the cost to the Bidder.

PRODUCT RESPONSIBILITY: The City reserves the right, before award, to require a Bidder to submit such evidence of his qualifications as it may deem necessary, and may consider any evidence available, such as financial, technical, and other qualifications and abilities of the Bidder, including past performance with the City.

This information will be used to determine the Bidder’s responsibility.

DELIVERY: Delivery time may be a basis for making of award. Delivery shall be during the normal working hours of the City, Monday through Friday, unless otherwise specified, and incorporated into contract or purchase order document. Delivery shall be to the location specified in the bid specifications. F.O.B. POINT: The F.O.B. point shall be F.O.B. destination. Bid responses showing anything other than F.O.B. Destination will not be accepted. The bid prices shall include all costs of loading, transporting and delivery to designated point(s) within the City.

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BID PROCESS

PURCHASING PROCEDURES: The Procurement and Contracting Procedures and Processes apply to this Invitation to Bid. These procedures can be found at: http://www.palmcoast.gov/procurement under Procurement Policy.

INQUIRIES/INTERPRETATIONS: All Bidders shall carefully examine the Invitation to Bid (ITB) documents. Any ambiguities or inconsistencies shall be brought to the attention of the City prior to the due date in writing through the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal); failure to do so, will constitute an acceptance by the Bidder of any subsequent award decision. In addition, the City will consider requests from qualified business enterprises to further divide total requirements, when economically feasible, into smaller tasks or quantities and further adjust delivery schedules, where the requirement permits, which encourages further participation by minority businesses, women’s business enterprises, and labor surplus area firms. Any questions concerning the intent, meaning and interpretations of the ITB documents, including the attached draft agreement, or suggestions for addenda to the ITB documents, shall be posed through the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal) during the Q&A period. Bidder should not rely on any oral statement or instructions made by any employee(s) of the City with regard to this ITB. Any oral statements or instructions given before the bid submittal due date will not be binding on the City.

ADDENDA: Should revisions to the ITB documents become necessary, the City shall post addenda n on the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal). All Bidders should check the City’s Procurement Portal Web Page at least three (3) calendar days before the proposal due date to verify information regarding addenda. Failure to do so could result in rejection of the bid as unresponsive. Bidder must sign, date, and return all addenda with their bid for the submission to be deemed Responsive. It is the sole responsibility of the Bidder to obtain information related to addenda and to insure that the bid considers all changes to the ITB documents.

ANTI-LOBBYING/CITY CONTACT: Bidders are hereby notified that all communications regarding this ITB, whether in writing, electronic, verbal, or by some other means, and whether made indirectly by third parties or directly by the Bidder, must be submitted to the City’s Procurement Portal Web Page. Except as expressly required by this ITB for formal presentations (if any), any indirect or direct communications and lobbying regarding this ITB made to members of the City Council, members of the Evaluation Committee, or any other City official, from the date of advertising until the time an award has been made, are strictly prohibited and may constitute grounds for immediate disqualification of the Bidder’s bid.

PREPARATION COSTS: The City shall not be liable for any expenses incurred in connection with preparation of a bid. Bidders should prepare their bids simply and economically, providing a straightforward and concise description of the Bidder’s ability to meet the requirements of this ITB.

LICENSES/PERMITS: Unless expressly stated in the ITB, all permits, licenses, or fees required shall be the responsibility of the Bidder. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, City, etc.; are the responsibility of the Bidder.

CONTRACT/TERMS AND CONDITIONS: The length of the contract term will be one (1) year and allows for two

(2) annual renewals. A draft contract template is attached to this ITB. Bidders should review the draft contract template prior to submitting a bid. If Bidder wants to negotiate modifications or additional terms and conditions to the contract, then Bidder shall raise these requested modifications or additional terms and conditions by inquiry in writing through the City’s Procurement Portal Web Page. UNLESS EXPRESSLY ACCEPTED BY THE CITY AND ISSUED BY ADDENDA, OR UNLESS THE CITY REQUIRES MODIFICATIONS, ONLY THE TERMS AND CONDITIONS IN THIS ITB DOCUMENT SHALL APPLY. NO ADDITIONAL TERMS AND CONDITIONS INCLUDED WITH THE BID SHALL BE CONSIDERED. ANY AND ALL SUCH ADDITIONAL TERMS AND CONDITIONS, ARE INAPPLICABLE TO THIS ITB, https://palmcoastgov.bonfirehub.com/portal

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WHETHER SUBMITTED PURPOSEFULLY, OR INADVERTENTLY, OR APPEARING SEPARATELY IN TRANSMITTAL LETTERS, SPECIFICATIONS, LITERATURE, PRICE LISTS OR WARRANTIES. IT IS UNDERSTOOD AND AGREED THAT THE TERMS AND CONDITIONS IN THESE ITB DOCUMENTS AND SUBSEQUENT ADDENDA ARE THE ONLY CONDITIONS APPLICABLE TO THE BIDDER’S SUBMITTAL, AND THE BIDDER’S SIGNATURE ON THE RESPONSE FORM ATTESTS TO

THIS STATEMENT. EXCEPTIONS TO THE TERMS AND CONDITIONS WILL NOT BE ACCEPTED.

SUBMISSIONS: Refer to Instructions to Bidders Instructions for instructions on preparation of the bid.

TIME TO RESPOND: Bids shall be submitted electronically through the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal) for receipt by the specified time and date. No other method of submission will be allowed or considered (i.e. mailed, emailed, or hand delivered). Any emailed, mailed, or hand delivered submittals will be returned to the sender and not be considered. It is strongly recommended that Bidders begin the uploading process at least ONE (1) day before Bid Deadline set forth in the Overview for sufficient time to complete the process. NO SUBMISSIONS THROUGH THE CITY’S PROCUREMENT PORTAL WEB PAGE WILL BE ALLOWED OR CONSIDERED AFTER THE SPECIFIED TIME AND DATE. For general assistance, please contact Budget and Procurement Division staff at least one business day in advance of the proposal due date. For technical questions related to the submission portal, please contact Bonfire at Support@GoBonfire.com or visit their help forum at https://bonfirehub.zendesk.com/hc.

ADDITIONAL INFORMATION/FOLLOW-UP: No additional information may be submitted, or follow-up made, by any Bidder after the stated due date, outside of a formal presentation to the Evaluation Committee, unless requested by the City.

QUANTITIES: The City shall not be held to any maximum or minimum purchase quantities as a result of this solicitation or resulting contract. The City reserves the right to purchase any, all or none of its requirements from vendors awarded a contract as a result of this ITB. All quantities as shown are approximate and no guarantee is made that any materials will be purchased.

DELAYS: The City, at its sole discretion, may delay the scheduled due dates indicated if it is to the advantage of the City to do so. The City will notify Bidders of all changes in scheduled due dates by posting the notification in the form of addenda on the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal).

BID WITHDRAWAL: Bidders may withdraw their bids through the City’s Procurement Portal prior to the time and date set for the bid submission deadline. Once opened, bids become the property of the City and will not be returned to the Bidders. Bidders may not assign or otherwise transfer their bid proposals prior to or after the bid opening time.

INCOMPLETE BID/MISTAKES IN BID: Failure to sign and return any or all issued addenda, failure to return a signed and completed pricing schedule and/or failure to sign and return a completed Form 4 Compliance Certification shall be absolute disqualification of the bid as nonresponsive. Other than the pricing schedule, issued addenda, and Form 4, the City reserves the right, at City’s discretion, to reject the bid, or to request all required forms/attachments that may have not been submitted, or that may be otherwise incomplete or noncompliant in the City’s opinion. Upon request by the City, the Bidder shall have one (1) business day to supply this information to the City for the bid to be considered valid. Bidders are expected to examine the terms and conditions, specifications, delivery schedule, prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at Bidder’s risk. In the event of extension or addition error(s), the unit price and extension will prevail, and the Bidder’s total offer will be corrected accordingly. Written amounts take precedence over numerical amounts. Bids having erasures or corrections must be initialed in ink by the Bidder.

PUBLIC OPENING: The bids shall be opened publicly and the names of the Bidders shall be read aloud at that time, I, along with the total price. Persons with disabilities needing assistance to participate in the public opening should mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc

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ACCEPTANCE / REJECTION / GROUNDS FOR DISQUALIFICATION: The City reserves the right to accept or reject any or all bids, or any part of a bid submittal for any reason and without penalty prior to or after the rankings are made by the City, and to terminate any contract negotiations commenced with any Bidder. City will make the award to those Bidders, who in the opinion of the City, will be in the best interest of or the most advantageous to the City. The City also reserves the right to reject the bid of any Bidder who has previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who, in the City's opinion, is not in a position to perform properly under this award. The City reserves the right to inspect all facilities of Bidders in order to make a determination as to the foregoing. The City reserves the right to waive or enforce any irregularities, informalities, and technicalities and may at its discretion, request a re-procurement. This section shall be construed liberally to benefit the public and not the Bidder. Any of the following causes may also be considered as sufficient grounds for disqualification of a Bidder or the rejection of a bid:

a) Submission of more than one bid for the same work by any entity under the same or different names.

b) Evidence of collusion among Bidders.

c) Submission of an unbalanced bid in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same bid.

d) Lack of responsibility as shown by past work including, but not limited to, life, safety, performance, strict adherence to all maintenance of traffic requirements, if applicable, workmanship, progress, scheduling and financial irresponsibility. The City may also consider past litigation and claim history of the Bidder as evidenced by prior frivolous claims made by Bidder in connection with other projects.

e) Delayed, incomplete or nonperformance to which the Bidder is committed under another contract which may raise concerns about the timely performance under this ITB.

f) Any Bidder that submits a bid containing information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration. Falsification of any entry made on the bid shall be deemed a material irregularity and will be grounds, at the City's option, for disqualification of the Bidder or rejection of the bid.

g) Bidders, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of submittal of the bid for the type of goods/services to be provided. Should Bidder not be fully licensed and certified, its bid shall be rejected.

h) Misrepresentation of any material fact, whether intentional or not, regarding the Bidder’s insurance coverage, policies or capabilities may be grounds for rejection of the bid and rescission of any ensuing contract.

i) Non-compliance with the submittal requirements of these Instructions to Bidders.

j) Any other evidence which may hinder or otherwise delay completion of the Project may be grounds for disqualification.

SELECTION PROCESS AND AWARD: The award will be made to the lowest priced, responsive, responsible Bidder consistent with the process and Award Criteria herein. The City reserves the right to accept any bid or combination of bid alternates which, in the City’s judgment, will best serve the City’s interest. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Bidder understands that submission of its bid constitutes Bidder’s acceptance of the terms and conditions of this ITB, including the contract template attached. However, Bidder also understands that its bid does not constitute an agreement or a contract with the City. The City reserves the right to reject all bids, to waive any formalities, to solicit and re-advertise for new bids or to abandon the project in its entirety. The right is reserved to make a separate award of each item, group of items or all items, and to make an award, in whole or in part, whichever is deemed in the best interest of the City.

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a) AWARD CRITERIA: The recommendation of award will be based on, but not limited to, the following criteria:

1. The ability, capacity and skill of the Bidder.

2. Whether the Bidder can perform/deliver promptly, or within the time specified, without delay or interference.

3. The character, integrity, reputation, judgment and efficiency of the Bidder.

4. The quality of performance of previous contracts or services to the City of Palm Coast or any other agency or client.

5. The previous and existing compliance by the Bidder with Budget and Procurement Division procedures, the life safety requirements of the City and other laws, ordinances and regulations.

6. The sufficiency of the financial resources and ability of the Bidder to perform/deliver.

7. The quantity, availability and adaptability of the Bidder to perform the Agreement or service to the particular needs of the City.

8. The ability of the Bidder to retain employees for the purpose of this ITB.

9. The experience of the Bidder performing in a similar manner as required by this Agreement. Bidder must have a minimum of three (3) consistent satisfactory years and the Bidder’s Owner, Officer, or Share Holder must have the necessary required experience to submit a bid.

10. The type, structure and experience of the local or branch management proposed.

11. Quality Control Program.

12. Contract disputes, Claims and Litigation filed by or against Bidder in the past five years that are related to the services Bidder provides in the regular course of business.

13. Reprimand of any nature or suspension by the Department of Professional Regulation or any other regulatory agency or professional association within the last five years.

14. Bidder’s response to City’s request to submit required form within twenty-four (24) hours from the

City’s request.

b) LOCAL BUSINESS PREFERENCE IN SELECTION AND AWARD: The City has a Local Business Preference

Policy, see Section 2-30 of the City of Palm Coast Code of Ordinance, designed to aid Local Vendors. The Policy allows Local Vendors (defined below) to be awarded a solicitation if their cost to the City is within 3%

- 5% (depending on amount) up to total of $20,000 (see calculation below). The City’s Local Business Preference is not applicable to any Invitations to Bid where funding will be in whole or part from any federal or state agency; or a local agency with differing or no local preference.

1. Local Vendor – For purposes of application of the Local Business Preference, a Local Vendor is a businesses that has its headquarters, manufacturing facility, or locally-owned franchise located in, or having a street address within, the legal boundaries of the City of Palm Coast for at least one (1) year immediately prior to this ITB. If the local business preference does not result in the Palm Coast business being awarded the ITB, then the local business preference shall be given to businesses having its headquarters, manufacturing facility, or locally-owned franchise located in, or having a street address within, the legal boundaries of Flagler County for at least one (1) year immediately prior to the ITB.

Post office boxes do not qualify as a verifiable business address.

2. Calculation of Amount of Preference - Five percent (5%) of the total quoted price up to $200,000.00 as referenced on the price schedule. Three percent (3%) of the total quoted price above $200,000.00 as referenced on the price schedule. Total local business preference shall be limited to $20,000.00 for each project.

POSTING OF AWARD: Notice of Intent to Award will be posted on the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal) prior to City’s final approval process.

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PROTEST: Protests hereunder shall be in accordance with City Code of Ordinances Chapter 2, Article 1, Division 3, Section 2-29 Bid Protest Procedures (https://library.municode.com/fl/palm_coast).

PUBLIC RECORDS: Upon Notice of Intent to Award or thirty (30) days after opening, bids become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. To seek exemptions from public records disclosure, Bidders must i) invoke exemptions provided by law in their submittals, ii) identify the data or other materials to be protected, and iii) state the reasons why such exclusion from public disclosure is necessary.

The City cannot guarantee the confidentiality of any document.

BIDS TO REMAIN FIRM: All bids shall remain firm for a minimum of one-hundred and twenty (120) days after the day of the opening to allow for the evaluation, selection process and proper execution of the contract. If need be, the Bidder and the City may mutually agree to extend that time up to an additional ninety (90) days.

MULTIPLE SUBMISSIONS: More than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is involved in more than one bid will be cause for rejection of all bids in which such Bidder is believed to be involved. Any or all bids will be rejected if there is reason to believe that collusion exists between Bidders. Bids in which the prices obviously are unbalanced will be subject to rejection.

NON-APPROPRIATION OF FUNDS: In the event that insufficient funds are appropriated and budgeted or funding is otherwise unavailable in any fiscal period for this ITB, the City shall have the unqualified right to terminate the purchase or work Order(s) or contract upon written notice to the Bidder, without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular work or any project(s) will be assigned to any bidder(s).

GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the Bidder to notify the Budget and Procurement Division at once in writing, indicating the specific regulation which requires an alteration, including any price adjustments. The City reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the City.

PATENTS AND COPYRIGHTS: The Bidder shall indemnify and save harmless the City, its employees and any of its Board Members from liability of any nature or kind, including cost and expenses for or on account of, or for infringement of, patent rights, copyrights, or other intellectual property rights. Further, if such a claim is made, or is pending, the Bidder may, at its option and expense, procure for the City the right to use, replace or modify the item to render it non-infringing. If none of the alternatives are reasonably available, the City agrees to return the article, on request, to the Bidder, and receive reimbursement. If the Bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the bid includes all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.

PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES: The City of Palm Coast hereby permits the successful Bidder to extend the pricing, terms and conditions of this solicitation and resultant contract to other governmental entities at the discretion of the successful Bidder. Each governmental agency desiring to accept the successful bid, and make an award thereof, shall do so independently of any other governmental agency.

Each governmental agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no governmental agency assumes any liability by virtue of the award by any other governmental agency.

ADVERTISING: In submitting a bid, Bidder agrees not to use the results as a part of any commercial advertising, without the express written approval of a City employee with the appropriate level of authority.

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CITY LOGO: Bidders are approved to use the City logo in their submission materials and presentations in response to this ITB. No other use of the City Logo by Bidders is authorized.

DEBARMENT: Following award, where the successful Bidder’s services are subsequently terminated for cause, the City reserves the right to suspend/debar the successful Bidder from submitting bids on City procurements/contracts for a period of up to 36 months and/or pursue any and all other remedies available to the City.

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INSTRUCTIONS TO BIDDERS

BID SUBMITTAL

The Bidder must submit a bid that substantially complies with this ITB document in all material aspects. All bid submittals must contain direct responses to the requested information which can be found on the Required Forms attached and as otherwise outlined in this ITB. The response should be organized so that specific questions being responded to are readily identifiable and in the same sequence as outlined below. Bidders are advised that lengthy or overly verbose or redundant submissions are not necessary. Bidders are advised to carefully follow these Instructions to Bidders in order to be considered fully responsive to this ITB. Compliance with all requirements will be solely the responsibility of the Bidder. Bid prices must be submitted on the required forms. Bidders shall submit all required forms through the process outlined in the Preparing and Uploading Submission section below. By submitting a response, the Bidder warrants that its bid is correct.

INSURANCE

Bidders shall have insurance coverage that complies with the Insurance Requirements set forth in the Contract Template attached to this ITB. Proof of insurance shall be furnished to the City prior to final execution of the contract.

BID SECURITY

A security is ☐ required, or ☒ not required for this ITB. If a security is required, a bond shall accompany each bid if the bid amount is one-hundred thousand dollars ($100,000) or greater. The certified check, cashier’s check or bond shall be for an amount not less than five percent (5%) of the bid price/cost and shall be made payable to the City as a guarantee that the bidder will not withdraw its bid for a period of one hundred twenty (120) days after the bid closing time and, upon award, will execute a contract with the City.

CONFIDENTIAL MATERIALS

Any materials that Bidder claims qualify as “trade secrets” under the Public Records Act shall be segregated, clearly labeled “trade secrets”, and accompanied by an executed Non-Disclosure Agreement for Confidential Materials.

WARRANTY AGAINST FRAUD AND COLLUSION

By submitting a bid in response to this ITB, the Bidder warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this business and the resulting contract, and that the Bidder has not paid, or agreed to pay, any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the resulting contract. For the breach or violation of this provision, the City shall have the right to disqualify the bid and terminate the Agreement at its sole discretion, without liability, and to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

By submission of a bid, Bidder affirms that its bid is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Bidder agrees to abide by all conditions of this ITB and the resulting contract.

REQUIRED FORMS

The bid submittal response shall include the required forms which are available at the end of this Bid Manual.

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PREPARING AND UPLOADING SUBMISSION

1. PREPARE YOUR SUBMISSION MATERIALS:

Requested Information:

Name Type # Files Requirement

Required Forms 1 - 5 File Type: PDF (.pdf) Multiple Required

Price Schedule File Type: PDF (.pdf) Multiple Required

References File Type: PDF (.pdf) Multiple Required

• Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

• Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

2. UPLOAD YOUR SUBMISSION AT: https://palmcoastgov.bonfirehub.com/opportunities/209515

Important Notes:

• Each item of Requested Information will only be visible after the Closing Time.

• Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

• Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox.

Javascript must be enabled. Browser cookies must be enabled.

Need Help?

Palm Coast uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at https://vendorsupport.gobonfire.com/hc/en-us https://palmcoastgov.bonfirehub.com/opportunities/20951556 mailto:support@gobonfire.com https://vendorsupport.gobonfire.com/hc/en-us

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PRICE SCHEDULE

Company Name of Bidder

Mailing Address

City, State, Zip email Phone

If this project involves improvements to City Property, and the value of the contract will be greater than $200,000, Bidder is required to provide Payment and Performance bonds in compliance with Section 255.05 Florida Statutes.

If applicable, please provide the price of the bonds here:

Bond Price in US Dollars: $ _______________________________________________________________

Bond Price written out: _________________________________________________________________

Pursuant to and in compliance with the Invitation To Bid, and the other documents relating thereto, the undersigned Bidder, having familiarized himself/herself with the terms of the Contract Documents, local conditions affecting the performance of the work, and the cost of the work at the places where the work is to be done, hereby proposes and agrees to deliver materials/services in a workmanlike manner and in strict conformity with Invitation to Bid requirements, including any addenda, and Contract Documents, for the amount set forth above.

Authorized Signatory Date

Name

Title

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REFERENCES

Bidder shall provide a minimum of three (3) references for which they are currently providing, or have provided, this type of service/commodity.

REFERENCE 1

Company Name

Contact Name and Title

Phone Number

Email Address Duration of Contract or Business Relationship:

REFERENCE 2

Contact Name and Title

Phone Number

Email Address

Duration of Contract or Business Relationship:

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REFERENCE 3

Contact Name and Title

Phone Number

Email Address

Duration of Contract or Business Relationship:

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FORM 1- CONFLICT OF INTEREST STATEMENT

STATE OF FLORIDA )

) ss

City of Palm Coast )

Before me, the undersigned authority, personally appeared __________________________________________, who was duly sworn, deposes, and states:

1. I am the ________________________________ of _____________________________________ (the “entity”) with a local office in ______________________________ and principal office in

2. The above named entity is submitting a bid to the City of Palm Coast.

3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge.

4. The Affiant states that only one bid for the above project is being submitted and that the above named entity has no financial interest in other entities submitting bids for the same project.

5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Contract for this project. This bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud.

6. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency.

7. Neither the entity, nor its affiliates, nor anyone associated with them has any potential conflicts of interest due to any other clients, contracts, or property interests.

8. I certify that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or Department of City of Palm Coast.

9. I certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Palm Coast.

10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify City of Palm Coast in writing.

(Continued on Next Page)

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PROPOSER

Printed Name of Proposer

Signature

Printed Name

Printed Title

Printed Date

Contact Email

Street Address /Suite #

City, State Zip

Phone

STATE OF _____________________ )

COUNTY OF ____________________ )

Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization

This ______________________ day of

____________________________ 20____.

Signature of Notary

Printed, Typed, or Stamped Name of Notary

Notary Public, State of _________________________

My commission expires ________________________

Personally Known ______

-OR-

Produced Identification ________________________

Type: _______________________________________

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FORM 2 – DEBARMENT CERTIFICATION

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND VOLUNTARY EXCLUSION-LOWER

TIER COVERED TRANSACTIONS

[FOR FEDERAL PROJECTS]

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510 Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722 – 4733)

***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE ****

1. The prospective Bidder certifies, by submission of this bid, 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.

2. Where the Bidder is unable to certify to any of the statements in this certification, such Bidder shall attach an explanation to this bid.

Name of Bidder

Name and Titles of Authorized Representative(s)

Signature(s)

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INSTRUCTIONS FOR DEBARMENT CERTIFICATION

1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out herein in accordance with these instructions.

2. The Certification in this clause is material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department of agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms “covered transaction”, “debarred”, “suspended”, ineligible, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “proposal”, “voluntarily exclude”, as used this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining copy of these regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions”, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction…