18016-26_2_SUPPLIER.pdf

Construction Bid 18016-26,2

Proprietary and Confidential 7/30/26 10:30 AM

A NEW DAY.

Bid Specifications for

CONCRETE TRIP HAZARD REMOVAL

Company City of Jacksonville Buyer Melissa Pierce

E-mail mpierce@coj.net

This document has important legal consequences. The information contained in this document is proprietary of City of Jacksonville. It shall not be used, reproduced, or disclosed to others without the express and written consent of City of Jacksonville.

All responses to this solicitation must be submitted through the City's e-procurement system 1Cloud. If you need to refresh yourself on the instructions for viewing and responding to solicitations, please refer to the training information posted on the supplier portal located on the COJ Procurement Division website.

https://www.jacksonville.gov/departments/finance/procurement https://www.jacksonville.gov/departments/finance/procurement

Table of Contents

1 Overview

1.1 General Information

1.2 Schedule

1.3 Negotiation Controls

1.4 Response Rules

1.5 Terms

1.6 Attachments

2 Requirements

2.1 Affirmation

2.2 Submittal Statement

2.3 General Requirements

2.4 Price Sheet

2.5 Sample Contract

2.6 Owner Direct Material Purchase

2.7 Subcontractors and Shop Fabricators

2.8 Bid Surety Requirements

2.9 Response Attachments

3 Lines

3.1 Line Information

3.2 Line Details

3.2.1 Line 1

4 Contract Terms

1 Overview

1.1 General Information

Title CONCRETE TRIP HAZARD REMOVAL

Synopsis CONCRETE TRIP HAZARD REMOVAL Amendment Date 7/30/26 10:30 AM

Amendment Description Addendum 2 - Revised Bid Items - New Bid Item List - Added to Requirements - Price List Page and Attached here.

Buyer Melissa Pierce Outcome Contract Purchase Agreement

E-Mail mpierce@coj.net

1.2 Schedule

Preview Date Open Date 7/30/26 10:30 AM

Close Date 8/10/26 4:00 PM Award Date Time Zone Eastern Standard Time

Pre-Bid Conference Location

NA

Pre-Bid Date/Time Question Cutoff

Date/Time

08/03/2026 4:00 PM

1.3 Negotiation Controls

Response Visibility Sealed

Lines Settings Rank Indicator 1,2,3...

Ranking Method Price only

1.4 Response Rules

This negotiation is governed by all the rules displayed below.

Rule Suppliers are allowed to revise their submitted response up until Bid closing

1.5 Terms

Agreement Start Date Agreement End Date Agreement Amount

(USD)

Payment Terms Freight Terms Freight Prepaid

Shipping Method Best Way FOB FOB Destination Negotiation Currency USD (US Dollar) Price Precision 2

1.6 Attachments

File Name or URL Type Description Addendum 2.pdf File Addendum 1.pdf File

2 Requirements *Response is required

Suppliers must satisfy the following requirements. By submitting a response, Supplier warrants and represents that it satisfies all requirements. Failure to meet any of the requirements may result in the response being rejected as non-responsive. Any conflict between any section within this document shall be resolved by deferring to the most restrictive language of the solicitation document. Suppliers must respond to each section through the drop-down selection or arrows at the top right. All response attachments should be properly labeled to identify supplier and file contents.

2.1 Affirmation

*1. Type name, title and email of person submitting bid in the comments box.

Select one of the following:-

a. Acknowledge

Comments:

*2.

Type name of company in the comments box.

Select one of the following:-

a. Acknowledge

Comments:

*3. No Alterations: Bidder has not altered the original Solicitation Document in any way and further understands that any such alteration of the original solicitation document may result in rejection of the bid.

Select one of the following:-

a. Acknowledge

*4. Solicitation Silence: The Solicitation Silence policy is in effect for this solicitation and all communications related to this solicitation must be in writing to the designated procurement representative. Violations of the solicitation silence policy may result in the rejection/disqualification of the submission.

Select one of the following:-

a. Acknowledge

*5. Legal authorization and solicitation specific minimum requirements: All bidders must be legally authorized to do business in Duval County and shall comply with all minimum requirements for this bid. Failure to submit evidence for meeting any of these requirements may be grounds for rejection. Vendor shall provide proof of applicable local business licenses and particulars such as specific licensure, experience on similar projects, years of expertise in the area etc.

Select one of the following:-

a. Acknowledge

Comments:

*6. Certification of No Conflict of Interest: Supplier certifies that no official or employee of the City or independent agency requiring the goods or services described in the specifications has a material financial interest in the Supplier's company. Supplier must complete and submit the attached Conflict of Interest Statement fully detailing any potential conflicts.

Attachments:

File Name or URL Type Description

CONFLICT OF

INTEREST CERTIFICA

File

Select one of the following:-

a. Contractor certifies that no official or employee of the City or independent agency requiring the goods or services described in the specifications has a material financial interest in the Contractor's company.

b. Contractor cannot certify that no official or employee of the City or independent agency requiring the goods or services described in the specifications has a material financial interest in the Contractor's company.

*7.

Equal Business Opportunity Program: Pursuant to Part 6 of Chapter 126, Jacksonville Ordinance Code, the City of Jacksonville encourages the utilization and participation of Jacksonville Small and Emerging Businesses (JSEBs) in its contract awards based upon availability. It is the City's intent in adopting this program to reflect the philosophy with regards to enhancing participation of JSEBs in all areas of procurement.

Encouragement Attachments:

File Name or URL Type Description Bid Codes -PWRS-503108-

26 - CO

File

Select one of the following:-

a. Acknowledge

*8. Electronic Signature: I understand this acknowledgment serves as my electronic signature and has the same force and effect as my manual signature.

Select one of the following:-

a. Acknowledge

2.2 Submittal Statement

*1. Submittal Statement

Bidder certifies that this proposal is made in good faith, without collusion or connection with any other entity bidding on this work.

Bidder has examined and read all Drawings, Specifications, General and Special Conditions, and other Contract Documents, and all Addenda thereto; and is acquainted with and fully understands the extent and character of the work covered by this Proposal and the specified requirements, for the proposed work.

Bidder certifies that no officer or agent of the CITY will directly or indirectly benefit from this bid.

Bidder states that this Proposal is made in conformity with the Contract Documents and agrees that in case of any discrepancy or differences between its Proposal and the Contract Documents, the provisions of the latter shall prevail.

Bidder certifies that it has carefully examined the foregoing Proposal after the same was completed and has verified every item placed thereon; and agrees to indemnify, defend and save harmless the CITY against any cost, damage or expense which may be incurred or caused by any error in the Bidder's preparation of same.

Bidder states that all applicable taxes are included in the unit prices or Lump Sum Bid and acknowledges this project is not exempt from the State or Local Sales or Use taxes, and payment of such taxes is the responsibility of the Bidder.

The undersigned Bidder agrees to keep its bid in effect for 120 calendar days after the Bid Opening date to allow the CITY time to award the bid, should it be awarded, and time to prepare and execute the contract (or issue the purchase order). This time period begins at the time bids are opened and ends upon the issuance of Notice to Proceed (NTP) by the CITY.

The bid prices shall remain in effect throughout the life of the Contract. Failure of the CITY to issue NTP within the specified time period shall allow Bidder to withdraw its Bid and terminate its contract without penalty or forfeiture of Bid Bond. Failure of the CITY to issue NTP within the specified time period shall not entitle Bidder to an adjustment of its Bid prices, unless mutually agreeable by the CITY.

Bidder certifies, under penalty of perjury and contract rescission, that it has all required licenses to perform the work required to fulfill the terms of the contract resulting from a successful bid.

Furthermore, the Bidder affirms that all subcontractors requiring to be licensed are listed in its response and are properly licensed to perform work on their respective portions of this project.

Select one of the following:-

a. Acknowledge

2.3 General Requirements

*1. Scope of Services: City of Jacksonville Public Works Right of Way & Stormwater Maintenance Division seeks to establish a contract for the repair and removal of trip hazards of concrete sidewalks in compliance with the Americans with Disabilities Act (ADA) 1:12 slope repair and the Occupational Safety and Health Administration (OSHA).

Select one of the following:-

a. Acknowledge

*2. This RFP is NOT for sidewalk replacement, new construction, slab jacking, or grinding.

1. 1 - Grinding or pulverization of the surface material is strictly PROHIBITED. Repairs may not leave grooves, uneven surfaces, sharp edges, that may inhibit drainage of water from any source.

2 - 2 - The awarded contractor must remove hazards completely from the sidewalk sections from one end of the joint to the other leaving no differential between slabs in adherence to ADA standards of 1:12 slope maximum. The Panel must be intact and stable. Process is Cutting to remove trip WITH ADA slope compliance.

3 - Contractor must guarantee specified repair slopes are based on federal regulations and in accordance with ADA requirements for trip hazards, slope criteria, and accessibility. Work shall be warrantied for compliance and evidence shall be provided in writing affirming that such compliance has been achieved. If defined slope is not achieved, contractor must repair to specification at no additional charge within 24 hours of discovery.

3. 4 - Any environmental damage including damage to sprinklers, landscaping, curbs, retaining walls, utility covers, or any other objects adjacent to the sidewalks must be repaired within 24 hours at the expense of the contractor/awardee.

5 - City of Jacksonville RWSM Maintenance required safety devices such as Cones and Barricades be used during operating equipment on the sidewalk to designate a working zone.

4. 6 - No water-cooling is allowed which creates slurry and contaminates storm drains or causes excessive environmental impact. Contractor must use a dust abatement system, which limits the dust emitted from the equipment.

7 - Contractor must guarantee that the removed trip hazard will have a uniform appearance and texture.

8 - The hardware used in remediation of the trip hazard must be flush to ground with capabilities of working at any angle in hard to reach places and adjacent to obstacles, narrow walkways, fences, buildings, and walls.

9 - Contractor is responsible for clean-up of all debris after repairs are completed and the cost associated with waste disposal must be included as a unit cost and not billed separately.

10 - Equipment may not be stored on the sidewalk while not in use without the written consent of the property owner and, if granted, will be at the sole risk of the contractor.

11 - DO not apply the trip hazard removal if assigned location would leave less than 2" depth to the existing sidewalk. The locations should be noted on project summary report with the invoice for future action by RWSM Division Maintenance.

Select one of the following:-

a. Acknowledge

*3.

Contractors must satisfy the following mandatory minimum requirements in order to have their Responses evaluated. By submitting a Response, Contractor warrants and represents that it satisfies these requirements. Failure to meet these requirements and present written documentation at the time of bid submission will result in the Response not being considered and being rejected as non-responsive:

1 - Supplier shall provide proof of applicable local business license if located within Duval County.

2 - Bidder must be a Licensed contractor and have a business for at least 5 years with the State of Florida.

3 - Bidder must provide 3 Government contract references for prior concrete trip hazard removal contracts within the state of Florida.

4 - Bidder must own or lease the equipment capable of Trip hazard removal from concrete.

Select one of the following:-

a. Acknowledge

*4. Please review and acknowledge the attached requirements.

Attachments:

File Name or URL Type Description Executive Order 98-01.pdf File

EXECUTIVE ORDER NO.

2013-05.pd

File

Select one of the following:-

a. Acknowledge

*5.

The current City of Jacksonville Standard Specifications and City of Jacksonville Standard Details, including all Revisions published prior to the Bid Date by the Department of Public Works, shall be considered part of the Technical Specifications as far as these Documents apply to the proposed work included in the Contract Documents and Addenda.

https://www.jacksonville.gov/departments/planning-and-development/development-services-division/review-group- (fka-dmg)/land-development-procedures-manual

a. Acknowledge https://www.jacksonville.gov/departments/planning-and-development/development-services-division/review-group-(fka-dmg)/land-development-procedures-manual https://www.jacksonville.gov/departments/planning-and-development/development-services-division/review-group-(fka-dmg)/land-development-procedures-manual

*6.

The JEA Electrical Standards, Details and Materials, JEA Water & Sewer Standards, Details and Materials, including all Revisions published prior to the Bid Date by Electrical, Water & Sewer Divisions of the JEA, shall be considered part of the Technical Specifications, as far as these Documents apply to the proposed work included in the Contract Documents and Addenda.

Select one of the following:-

a. Acknowledge

*7.

In addition, any applicable sections and supplements of the current version of "Florida Department of Transportation Standard Specifications for Road and Bridge Construction", shall be considered a part of the contract documents, as far as the applicable sections and Drawings or any Addenda thereto. Where a Section number of the Florida Department of Transportation Standard Specifications, and/or Index number of the Roadway and Traffic Design Standards are specified, then all other related applicable Sections and Index numbers shall also apply.

In addition, any applicable Sections and Indexes of the current version of "Standard Plans for Road Construction" shall also be considered a part of the Contract Documents, as far as the applicable Sections and Indexes apply to the proposed work called for on the Contract Drawings or any Addenda thereto.

Select one of the following:-

a. Acknowledge

*8. Please review and acknowledge the attached requirements.

Attachments:

File Name or URL Type Description Construction Forms rev1.

docx

File

Payment Application Schedule o

File

Improv-in-Progress Notificatio

File

Select one of the following:-

a. Acknowledge

*9.

The following sections are hereby removed from the Terms and Conditions. Please disregard sections in their entirety.

A.2 Award

A.4 Quantities

C.10 Delivery

C.12 Discounts

C.15 Escalation / De-escalation

C.19 Force Majeure, Notice of Delay, and No Damages for Delay

C.29 "Or Equal" Interpretation

Select one of the following:-

a. Acknowledge

*10. Please review and acknowledge Incinerator Ash Material requirements.

Attachments:

File Name or URL Type Description Incinerator Ash Management Pla

File

Select one of the following:-

a. Acknowledge

*11. Please review and acknowledge the Local Preference Policy for Certain Capital Projects.

In accordance with Part 7 Subpart B of the Jax P-Code, for all capital improvement procurements of $7,000,000 or more that are awarded to a non-local business, the non-local business shall be required to use local business to perform or supply at least forty percent (40%) of the project based on the initial award amount (the Local Participation Requirement). The Chief of Procurement, in consultation with the using agency, may establish a lower participation percentage of no less than twenty percent (20%).

Attachments:

File Name or URL Type Description Suppliers_Local_Participati on_

File

Select one of the following:-

a. Acknowledge

*12. Please review and acknowledge the attached requirements.

Attachments:

File Name or URL Type Description Ex-Offender Requirement Attach

File

Select one of the following:-

a. Acknowledge

*13. Federal Funding does not apply to this bid

Select one of the following:-

a. Acknowledge

2.4 Price Sheet

*1. Price Sheet: Please download the attached spreadsheet to enter prices and upload back. Please do not make any changes to the item descriptions or quantities indicated. See the attachment(s) for additional information.

Price Sheet

1. PROPOSAL

a. A Bidder must provide a price on each item listed.

b. Unless stated otherwise by the City, all bid prices should include the furnishing and installing materials.

c. Bidder must insert extended prices obtained by multiplying the proposed quantities times the unit prices. In case of errors, unit prices will govern. The corrected extended prices and corrected Total Base Bid will be used to determine the lowest qualified Bid.

d. The Total Base Bid plus selected Alternate(s), if any, will be used to determine the lowest bidder. If selected, Alternate(s) will be awarded in the order listed (i.e. – 1,2,3…).

e. Bidder agrees to keep its bid in effect for 120 calendar days after the Bid Opening date to allow the CITY time to award the bid, should it be awarded, and time to prepare and execute the contract (or issue the purchase order). This time period begins at the time bids are opened and ends upon the issuance of Notice to Proceed (NTP) by the CITY. The bid prices shall remain in effect throughout the life of the Contract. Failure of the CITY to issue NTP within the specified time period shall allow Bidder to withdraw its Bid and terminate its contract without penalty or forfeiture of Bid Bond. Failure of the CITY to issue NTP within the specified time period shall not entitle Bidder to an adjustment of its Bid prices, unless mutually agreeable by the CITY.

f. Bids in which the prices are obviously unbalanced are subject to rejection. The CITY shall not be liable to the CONTRACTOR for failure to reject or notify the Bidder of any unbalanced bid.

2. CONDITIONS IN BIDDER'S PROPOSAL

a. The Bidder shall not stipulate in its Bid Proposal, or append thereto, any conditions contrary to those contained in the Contract Documents.

3. TAXES

a. Bidders shall include in their bid prices any sales taxes or use taxes which they are required by law to pay. Bidders are reminded, it is the CONTRACTOR'S responsibility to pay all Florida Sales Taxes that are required to be paid to the State under the subject contract. These taxes, by State law, are not to be set forth as a separate line item. Therefore, the CONTRACTOR shall devise his own method to insure recovery. Additional allowances will not be made for failure to include these required taxes in the proposal.

4. QUANTITIES

a. It is understood that the quantities set forth in the Proposal Form are calculated estimates, and that payment will be made only upon the actual quantities of work complete in place, measured as defined in the Contract Documents. It is the Bidder's responsibility to verify the scope and quantity of work included in lump sum bid items. No Adjustment in a lump sum bid price will be allowed for errors in quantity tabulations unless there is a change in the defined scope of work after receipt of the bids.

b. It is anticipated that the quantities set forth in the Bid Proposal Form are reasonable and will not be exceeded. During the bid process, any Bidder finding a discrepancy larger than 10% of the estimated quantity shall bring the discrepancy to the attention of the ENGINEER. The quantity estimated will be checked and if found in error, an addendum will be published and distributed to all Bidders. Notwithstanding the foregoing, however, if during construction any quantity is exceeded, the overrun must be approved by the ENGINEER prior to proceeding with work to incorporate the item in the construction. No change order for this additional work will be required other than a final change order for the amount installed, except when any one pay item is increased by more than 20% of the quantity listed or when the total amount of all overruns or underruns exceeds $50,000. If any one of said quantities is adjusted greater than twenty percent (20%), then the unit price is subject to negotiation.

c. It is expressly understood and agreed that the foregoing Total Bid(s) is/are the basis for establishing the amount of the Bid Security and is not to be construed to be a Lump Sum Proposal.

5. SUBSTITUTION OF "OR EQUAL" ITEMS

a. The materials, devices, systems, appliances, or equipment designated in the Contract Documents by a manufacturer's, vendor's, proprietary or trade name; establish a standard of required function, dimensions, appearance and quality to be met. Wherever the designation of such items is not followed by "or equal", it shall be deemed that the words "or equal" do follow such designation. A Bidder may propose the substitution of items equaling or bettering the standards of those specified, upon submission to the ENGINEER, not less than 10 days (7 if informal) prior to the date for receipt of Bids, of complete information on the proposed substitute including its name, manufacturer, drawings, cut-sheets, performance, test data, and any other information required by the ENGINEER for evaluation of the proposed substitute.

b. Approval, if granted, by the ENGINEER of a proposed substitute shall be in the form of an Addendum issued to all prospective bidders. Whenever a bidder proposes to furnish an approved substitute, it shall be responsible for and include in its base bid the cost of making all adjustments to accommodate the substitute including, but not limited to, structural elements, auxiliary equipment, piling, electrical, mechanical and control systems; which are required to provide a complete satisfactory operating installation of the substitute item. Approval of the substitute item shall be in the sole discretion of the ENGINEER upon its finding that it conforms to all structural, architectural, mechanical, electrical and other design criteria as well as required operating performance characteristics. Failure of the ENGINEER to complete the review and evaluation of a proposed substitute in time to issue an addendum prior to the receipt of Bids shall not authorize any Bidder to include such substitute in a Bid nor shall it be the basis of a protest by a Bidder.

c. No substitute or "or equal" item which has not been previously approved as required by this Section, shall be included in the proposal. If, regardless of the above prohibition, a non-approved substitute item is shown on the proposal, it shall be disregarded in consideration of award, and if an award is made to such Bidder, the Bidder shall furnish the item as specified with no change in Bid price notwithstanding the substitute shown on the proposal.

d. Following the award of a contract, substitution of any item from that specified or approved prior to receipt of bid, shall be requested in accordance with the applicable sections of the General Conditions (Construction).

Attachments:

File Name or URL Type Description

BID ITEMS Trip Hazard

2026 RE

File

Select one of the following:-

a. Acknowledge

2.5 Sample Contract

*1. Please review and acknowledge the attached sample contract.

Attachments:

File Name or URL Type Description

CONTRACT EXAMPLE.

docx

File

Select one of the following:-

a. Acknowledge

2.6 Owner Direct Material Purchase

*1. Please review and acknowledge the Owner Direct Materials Program.

Direct Material Purchases

Pursuant to Florida Statutes, Section 212.08(6), and Florida Administrative Code, Number 12A-1.094, the City of Jacksonville is exempt from Florida Sales Tax for the purchase of construction materials, supplies and/or equipment incorporated into a construction project. Furthermore, the Procurement Division is required per the Jax P-Code,

126.306 (h), to include Owner Direct Materials Purchase Order (ODPO) or Direct Materials Purchase Order (DMPO/DPO) in all capital improvement solicitations which requires the contractor to include on the schedule of values, a total line-item cost by material type for each supply purchase necessary for the project.

This requirement applies to any line item (type of material) where the total cost of the type of material is $100,000 or more for non-JSEB suppliers, and $10,000 or more for JSEB suppliers, unless the Chief of Procurement determines, based on satisfactory written justification provided by the using agency, that the city's purchase of supplies for a capital improvement procurement is not feasible, economical, or beneficial to the city's interests.

Per the solicitation clauses, the supplier will be responsible for all matters relating to the receipt of materials purchased by the city, including verifying correct quantities, inspection, and acceptance of the materials at the time of delivery.

The supplier shall also bear the costs of all payment and performance bonds and insurance, including builder's risk insurance. The supplier shall be responsible for coordinating the delivery, storage, and incorporation of material purchases made by the city. Once the materials are incorporated in the project, they become the responsibility of the supplier. Failure by the supplier to comply with the tax exemption procedures, which will result in taxes, fines or damages to the city shall be the sole responsibility and liability of the supplier.

The bid price is the contract price as awarded and must include any applicable sales tax. Material prices may fluctuate but there will be no increase to the contract price. Any adjustments up or down to the original estimated cost are absorbed within the bid price. In addition, the supplier is required to register or already be registered in 1Cloud prior to any purchase request. The Supplier link for registration is www.jacksonville.gov/supplierportal or Jacksonville.gov - Supplier Portal

Attachments:

File Name or URL Type Description Direct materials wording Ordin

File

Select one of the following:-

a. Acknowledge

2.7 Subcontractors and Shop Fabricators

*1. Please review and acknowledge attached requirement for subcontractors and shop fabricators.

Attachments:

File Name or URL Type Description Subcontractors and Shop Fabric

File

Select one of the following:-

a. Acknowledge

2.8 Bid Surety Requirements

*1.

Bid Bond, Performance Bond and Payment Bond are not required for this project.

The CONTRACTOR, prior to final payment, will certify by affidavit that laborers, materialmen and Subcontractors, as defined in Florida Statute s. 713.01, have no claims against the Contractor resulting from the completion of the work provided for in the Contract.

Payments will be made by the CITY jointly between or among the Contractor and its Subcontractors and suppliers.

a. Acknowledge

2.9 Response Attachments

*1. Attach Overall Proposal Document Here, Use the following naming convention:

Supplier_Name Overall Proposal Document. Include all response pages in a single ".PDF" format file.

If the proposer desires, the Company financial reports can be submitted in a separate .pdf file from the proposal file. However, the file name must include the word "Confidential". For Example: "XYZ Engineering

– Confidential Financial Info.pdf".

Hint: Attach Overall Proposal Document Here, Use the following naming convention: Supplier_Name Overall Proposal Document. Include all response pages in a single ".PDF" format file.

Select one of the following:-

a. Acknowledge(Response attachments are required)

3 Lines

3.1 Line Information

Line Estimated Quantity

Response Price

Line Amount

Response Minimum

Release Amount

1-CONCRETE

TRIP HAZARD

REMOVAL

3.2 Line Details

3.2.1 Line 1 CONCRETE TRIP HAZARD REMOVAL

Category Name 913.82 Maintenance and Repair, Sidewalk and Driveway (Including Removal)

Allow Alternate Lines No Target Minimum Release

Amount (USD) Estimated Total Amount

(USD)

Start Price (USD)

4 Contract Terms

Contract Terms and Conditions

A. Solicitation Overview

A.1. Scope of Work

The R-O-W and Stormwater Maintenance Division of the City of Jacksonville, Florida is currently accepting bids to obtain source(s) of supply for the item(s)/service(s) as outlined in the bid documents provided. The purpose of this bid invitation is to obtain information about your firm and its ability to provide these item(s)/service(s) and to obtain pricing commitments for CONCRETE TRIP HAZARD REMOVAL as listed in the bid documents.

A.2. Award

Award will be ALL OR NONE to the lowest responsive, responsible bidder(s) subject to the Buy American Preference clause described below. Bidders must bid on all items to be considered for award. The City reserves the right to reject any or all bids. ALL awards are subject to the availability of funds.

A.3. Term of Agreement

The period of service will be for the initial period of one year, with four, one-year renewal options. Renewal options subject to approval with supplier and City of Jacksonville.

A.4. Quantities

Quantities indicated reflect the estimated quantities to be purchased throughout the contract period and are subject to fluctuation in accordance with actual requirements. The City reserves the right to purchase more than the estimated quantities listed or not to make any purchase against this bid if it so deems necessary anytime during the contract period. The City reserves the right to add or delete items during the contract period. The City will order on an as needed basis.

B. Insurance Requirements

B.1. Insurance Requirements

Indemnification

Applicant and its subcontractors (the "Indemnifying Party") shall hold harmless, indemnify, and defend the City of Jacksonville and their respective members, officers, officials, employees and agents (collectively the "Indemnified Parties") from and against, without limitation, any and all claims, suits, actions, losses, damages, injuries, liabilities, fines, penalties, costs and expenses of whatsoever kind or nature, which may be incurred by, charged to or recovered from any of the foregoing Indemnified Parties for:

a. General Tort Liability, for any negligent act, error or omission, recklessness, or intentionally wrongful conduct on the part of the Indemnifying Party that causes injury (whether mental or corporeal) to persons (including death) or damage to property, whether arising out of or incidental to the Indemnifying Party's performance of the Agreement, operations, services or work performed hereunder; and

b. Environmental Liability, to the extent this Agreement contemplates environmental exposures, arising from or in connection with any environmental, health and safety liabilities, claims, citations, clean-up, or damages whether arising out of or relating to the operation or other activities performed in connection with the Agreement; and

c. Intellectual Property Liability, to the extent this Agreement contemplates intellectual property exposures, arising directly or indirectly out of any allegation that the Services provided under this Agreement (the "Service(s)"), any product generated by the Services, or any part of the Services as contemplated in this Agreement, constitutes an infringement of any copyright, patent, trade secret or any other intellectual property right.

If in any suit or proceeding, the Services, or any product generated by the Services, is held to constitute an infringement and its use is permanently enjoined, the Indemnifying Party shall, immediately, make every reasonable effort to secure within sixty (60) days, for the Indemnified Parties, a license, authorizing the continued use of the Service or product. If the Indemnifying Party fails to secure such a license for the Indemnified Parties, then the Indemnifying Party shall replace the Service or product with a non-infringing Service or product or modify such Service or product in a way satisfactory to the City, so that the Service or product is non-infringing.

If an Indemnified Party exercises its right under this Agreement, the Indemnified Party will (1) provide reasonable notice to the Indemnifying Party of the applicable claim or liability, and (2) allow Indemnifying Party, at its own expense, to participate in the litigation of such claim or liability to protect its interests. The scope and terms of the indemnity obligations herein described are separate and apart from, and shall not be limited by, any insurance provided pursuant to the Agreement or otherwise. Such terms of indemnity shall survive the expiration or termination of the Agreement.

In the event that any portion of the scope or terms of this indemnity is in derogation of Section

725.06 or 725.08 of the Florida Statutes, all other terms of this indemnity shall remain in full force and effect. Further, any term which offends Section 725.06 or 725.08 of the Florida Statutes will be modified to comply with said statutes.

Without limiting its liability under this Contract, Provider shall at all times during the term of this Contract procure prior to commencement of work and maintain at its sole expense during the life of this Contract (and Provider shall require its, subcontractors, laborers, materialmen and suppliers to provide, as applicable), insurance of the types and limits not less than amounts stated below:

Insurance Coverages

Schedule Limits

Workers Compensation Florida Statutory Coverage

Employer's Liability

$100,000 Each Accident

$500,000 Disease Policy Limit

$100,000 Each Employee /Disease

This insurance shall cover the Applicant (and, to the extent they are not otherwise insured, its subcontractors) for those sources of liability which would be covered by the latest edition of the standard Workers' Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03), those which are required by the State of Florida, or any restrictive NCCI endorsements which, under an NCCI filing, must be attached to the policy (i.e., mandatory endorsements). In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the Federal Employers' Liability Act, USL&H and Jones, and any other applicable federal or state law.

Commercial General Liability $2,000,000 General Aggregate

$2,000,000 Products & Comp. Ops. Agg.

$1,000,000 Personal / Advertising Injury

$1,000,000 Each Occurrence

$50,000 Damage to Rental Premises

$5,000 Medical Expense

Such insurance shall be no more restrictive than that provided by the most recent version of the standard Commercial General Liability Form (ISO Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements other than those reasonably required by the City's Office of Insurance and Risk Management. An Excess Liability policy or Umbrella policy can be used to satisfy the above limits.

Automobile Liability $1,000,000 Combine Single Limit

(Coverage for all automobiles, owned, hired or non-owned used in performance of the Contract)

Such insurance shall be no more restrictive than that provided by the most recent version of the standard Business Auto Coverage Form (ISO Form CA0001) as filed for use in the State of Florida without any restrictive endorsements other than those which are required by the State of Florida, or equivalent manuscript form, must be attached to the policy equivalent endorsement as filed with ISO (i.e., mandatory endorsement).

Liquor or Host Liquor Liability $1,000,000 Each Occurrence

(Liquor or Host Liquor Liability to the extent liquor is being sold, served or consumed.)

Professional Liability $1,000,000 per Claim and Aggregate

(Including Medical Malpractice when applicable)

Any entity hired to perform professional services as a part of this contract shall maintain professional liability coverage on an Occurrence Form or a Claims Made Form with a retroactive date to at least the first date of this Contract and with a three year reporting option beyond the annual expiration date of the policy.

Sexual Molestation $1,000,000 Per Claim

$2,000,000 Aggregate

(Only if program includes direct supervision of children, special needs, and/or senior citizens)

Sexual Molestation Liability coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date to at least the first date of this Contract. If provided on a Claim Made Form, the coverages must respond to all claims reported within three years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis.

Accident Medical, Dismemberment and Death

$15,000 Per Participant

Crime – Employee Fidelity $1,000,000 Per Loss

(Including theft of client property without computer data exclusion)

Builders Risk/Installation Floater

100% of Completed Value of the Project

Such insurance shall be on a form acceptable to the CITY's Office of Insurance and Risk Management. The Builder's Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES. The Builder's Risk and/or Installation policy shall not be subject to a coinsurance clause. A maximum $10,000 deductible for other than windstorm and hail. For windstorm and hail coverage, the maximum deductible applicable shall be 2% of the completed value of the project. Named insureds shall be: CONTRACTOR, the CITY, and respective members, officials, employees and agents, the ENGINEER, and the PROGRAM MANAGEMENT FIRM(S) (when program management services are provided). The City of Jacksonville, its members, officials, officers, employees, and agents are to be named as a loss payee.

Pollution Liability $1,000,000 per Loss

$2,000,000 Annual Aggregate

Any entity hired to perform services as part of this contract for environmental or pollution related concerns shall maintain Contractor's Pollution Liability coverage. Such Coverage will include bodily injury, sickness, and disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to destruction of tangible property including resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arises from the operations of the contractor including transportation.

Pollution Legal Liability $1,000,000 per Loss

$2,000,000 Aggregate

Any entity hired to perform services as a part of this contract that require disposal of any hazardous material off the job site shall maintain Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under this contract.

Watercraft Liability $1,000,000 Per Occurrence

(to the extent that watercraft is utilized in the services of this contract)

Umbrella Liability $5,000,000 Each Occurrence/Agg.

The Umbrella Liability policy shall be in excess of the above limits without any gap. The Umbrella coverage will follow-form the underlying coverages and provides on an Occurrence basis all coverages listed above and shall be included in the Umbrella policy.

Cyber Liability & Data Storage $1,000,000 per Claim and Aggregate

Such insurance shall be on a form acceptable to the City of Jacksonville and shall cover, at a minimum, the following:

a. Cyber Extortion

b. Data Loss and System Damage Liability (when applicable)

c. Security Liability

d. Privacy Liability

e. Privacy/Security Breach Response Coverage, including Notification Expenses

Such Cyber Liability coverage must be provided on an Occurrence Form or, if on a Claims Made Form, the retroactive date must be no later than the first date of this Contract and such claims-made coverage must respond to all claims reported within three years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis.

The Cyber Liability coverage may be included as part of the Professional Liability coverage required above.

Additional Insurance Provisions

a. Certificates of Insurance. Applicant shall deliver the City of Jacksonville Certificates of Insurance that shows the corresponding City Contract or Bid Number in the Description, Additional Insureds, Waivers of Subrogation and & statement as provided below. The certificates of insurance shall be mailed to the City of Jacksonville (Attention: Chief of Risk Management), 117 W. Duval Street, Suite 335, Jacksonville, Florida 32202.

b. Additional Insured: All insurance except Worker's Compensation, shall be endorsed to name the City of Jacksonville and their respective members, officers, officials, employees and agents as Additional Insured. Additional Insured for General Liability shall be in a form no more restrictive than CG2010 and, if products and completed operations is required, CG2037, Automobile Liability CA2048.

c. Waiver of Subrogation. All required insurance policies shall be endorsed to provide for a waiver of underwriter's rights of subrogation in favor of the City of Jacksonville and their respective members, officers, officials, employees, and agents.

d. Carrier Qualifications. The above insurance shall be written by an insurer holding a current certificate of authority pursuant to chapter 624, Florida State or a company that is declared as an approved Surplus Lines carrier under Chapter 626 Florida Statutes. Such Insurance shall be written by an insurer with an A.M. Best Rating of A- VII or better.

e. Applicant Insurance Primary. The insurance provided by the Applicant shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by the City of Jacksonville and their respective members, officers, officials, employees, and agents.

f. Deductible or Self-Insured Retention Provisions. All deductibles and self-insured retentions associated with coverages required for compliance with this Agreement shall remain the sole and exclusive responsibility of the named insured Applicant. Under no circumstances will the City of Jacksonville and their respective members, officers, officials, employees and agents be responsible for paying any deductible or self-insured retention related to this Agreement.

g. Agreement Insurance Additional Remedy. Compliance with the insurance requirements of this Agreement shall not limit the liability of the Applicant or its Subcontractors, employees or agents to the City of Jacksonville and their respective members, officers, officials, employees and agents shall be in addition to and not in lieu of any other remedy available under this Agreement or otherwise.

h. Waiver / Estoppel. Neither approval by City of Jacksonville nor failure to disapprove the insurance furnished by Applicant shall relieve Applicant of Applicant's full responsibility to provide insurance as required under this Contract / Agreement / Lease.

i. Notice. The relieve Applicant shall provide an endorsement issued by the insurer to provide the City thirty (30) days prior written notice of any change in the above insurance coverage limits or cancellation, including expiration or non-renewal. If such endorsement is not provided, the Contractor, as applicable, shall provide said a thirty (30) days written notice of any change in the above coverages or limits, coverage being suspended, voided, cancelled, including expiration or non-renewal.

j. Survival. Anything to the contrary notwithstanding, the liabilities of the Applicant under this Agreement shall survive and not be terminated, reduced, or otherwise limited by any expiration or termination of insurance coverage.

k. Additional Insurance. Depending upon the nature of any aspect of any project and its accompanying exposures and liabilities, the City of Jacksonville may reasonably require additional insurance coverages in amounts responsive to those liabilities, which may or may not require that the City of Jacksonville and their respective members, officers, officials, employees and agents also be named as an additional insured.

l. Special Provision: Prior to executing this Agreement, Applicant shall present this Agreement and insurance requirements to its Insurance Agent Affirming: (1) That the Agent has personally reviewed the insurance requirements of the Contract Documents, and (2) That the Agent is capable (has proper market access) to provide the coverages and limits of liability required on behalf of Agreement.

Bonds and Other Performance Security

Design-Builder shall not perform or commence any construction services for a Project until the following performance bond and labor and material payment bond or other performance security have been delivered to Owner: Bonds - In accordance with the provisions of Section 255.05, Florida Statutes, Design-Builder shall provide to Owner, on forms furnished by Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond for each Project performed under this Agreement, each in an amount not less than the GMP as defined in Article 6 and inclusive of Design- Builder's fees. No qualification or modifications to the Bond forms are permitted.

To be acceptable to Owner as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions:

1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.

2. The Surety Company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.

3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.

4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code during the life of this agreement.

a. If the Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the following provisions:

b. The Surety Company shall have at least the following minimum ratings in the latest issue of A.M. Best's Key Rating Guide.

CONTRACT AMOUNT RATING RATING

$500,000 TO $1,000,000 A- CLASS IV

$1,000,000 TO $2,500,000 A- CLASS V

$2,500,000 TO $5,000,000 A- CLASS VI

$5,000,000 TO $10,000,000 A- CLASS VII

$10,000,000 TO $25,000,000 A- CLASS IXIII

$25,000,000 TO $50,000,000 A- CLASS IX

$50,000,000 TO $75,000,000 A- CLASS X

5. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided:

a. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Financial Services to conduct business in this state.

b. In the case of the surety insurance company, 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 shall be deducted.

C. Equal Business Opportunity Plan

C.1. Encouragement Plan for Jacksonville Small and Emerging Business Program

It is an official policy of the City of Jacksonville to encourage the maximum participation of Jacksonville Small Emerging Business (JSEB) in its contract awards based upon availability.

Under the encouragement plan, vendors are required to make all efforts reasonably necessary to ensure that City certified JSEB have a full and fair opportunity to compete for performance on this project.

Bidders/Suppliers/Consultants or any entity doing business with the City shall not discriminate on the basis of race, ethnicity, national origin or gender in the award and performance of the work under this contract.

Please use the attached form 1 (Schedule of Participation) to submit JSEB Participation on this Bid. You may contact the Jacksonville Small & Emerging Business Office at (904) 255-8620 to verify the status of a JSEB or visit our web site at www.JSEB.coj.net.

http://www.JSEB.coj.net

D. General Conditions

D.1. Assignment

The Bidder shall not assign, transfer, convey, sublet, novation, or otherwise dispose of this Agreement, or of any or all of its rights, title, or interests therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by the City.

D.2. Audit Provision

A person or entity providing capital improvements, contractual services, supplies, professional design services, or professional services purchased by the City pursuant to a method of purchase, unless otherwise provided herein, shall agree and be deemed to have agreed by virtue of doing business under contract with the City to all access and examination at all reasonable times by the Council Auditor or any duly authorized representative of the Council Auditor to business records directly pertinent to the transaction until the expiration of three years after final payment pursuant to the transaction.