20-25_-_Emergency_Pump_Connection.pdf

INVITATION TO BID AND CONTRACTOR ACKNOWLEDGEMENT FORM

POSTING DATE: August 8, 2025 PURCHASING CONTACT & EMAIL:

Susan Perry, Purchasing Coordinator sperry@debary.org

BID NUMBER AND TITLE:

20-25 - Emergency Pump Connection

BID DUE DATE & TIME:

September 3, 2025, at 2:00 PM EST

NOTE: RESPONSES RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED

QUESTION DEADLINE:

August 19, 2025, at 2:00 PM EST

The City will respond to written inquiries emailed to: sperry@debary.org

MANDATORY PRE-BID MEETING DATE & TIME: August 15, 2025, at 2:00 PM EST LOCATION: City Hall 16 Colomba Rd., Debary, FL 32713

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR RESPONSE.

YOUR RESPONSE WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED

AGENT OF THE CONTRACTOR.

CONTRACTOR LEGAL NAME: ________________________________________________________________

MAILING ADDRESS: ________________________________________________________________________

CITY, STATE, ZIP: __________________________________________________________________________

FEDERAL EMPLOYERS IDENTIFICATION NUMBER (FEIN): ________________________________________

TELEPHONE NUMBER: ___________________________

EMAIL: ______________________________________________________________________________

AUTHORIZED SIGNATURE: TYPE OR PRINTED NAME:

TITLE: DATE:

NOTICE: Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes will constitute a waiver of proceedings under Chapter 120, Florida Statutes.

mailto:sperry@debary.org

20-25 - Emergency Pump Connection

BID SUBMITTAL CHECKLIST

The following documents must be submitted as part of the bid submission:

☐ Invitation to Bid and Contractor Acknowledgement – page #1 ☐ Exhibit A - Drug-free Workplace Certification ☐ Exhibit B - Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion – Lower Tier Covered

Transactions ☐ Exhibit C - Byrd Anti-Lobbying Amendment Certification ☐ Exhibit D - Contractor Statutory Compliance Affidavit ☐ Exhibit E- ITB 20-2025 Excel Price Submission Sheet ☐ Exhibit F - ITB 20-2025 Evidence of Experience and Financial Status ☐ Exhibit G - ITB 20-2025 Major Subcontractors ☐ Certificate of Insurance ☐ If a Florida Corporation, a screenshot of “ACTIVE” status through www.sunbiz.org ☐ If a Non-Florida Corporation, a screenshot of “ACTIVE” status from the state in which the business was formed ☐ All Addenda (if applicable) http://www.sunbiz.org/

SPECIFICATIONS / SCOPE OF WORK

1. The purpose of this Bid is to solicit sealed bids from qualified Contractor(s) to provide an Emergency Pump Connection at Benson Junction Rd. & U.S. HWY 17-92.

2. Service Requirements: See and submit Exhibit E- ITB 20-2025 Excel Price Submission Sheet

GENERAL TERMS AND CONDITIONS

1. Definitions

The City of DeBary, Florida may be referred to as “The City of DeBary”,or “The City”, herein.

The term “Contractor” shall refer to the company, individual, or organization that responds to this Bid and/or is awarded this Bid.

2. Length of Contract and Renewals: This ITB intends to establish a contract with the Contractor(s) to provide an Emergency Pump Connection at Benson Junction Rd. & U.S. HWY 17-92. The contract will terminate upon approved completion of the work.

3. Cancellation: The City of DeBary reserves the right to cancel this Invitation to Bid, in whole or in part, when it is in the City of DeBary’s best interest. Notice of cancellation will be posted on the City's webpage, VendorLink and DemandStar.

4. Bid Submission: Bid submittals are due at the date and time indicated on the Contractor Acknowledgement Form or as amended in the form of an addendum issued by the Purchasing Department.

The City will receive proposals at the following address:

Susan Perry, Purchasing Coordinator City of DeBary

16 Colomba Rd.

DeBary, Florida 32713

THE CITY MUST RECEIVE ALL PROPOSALS ON or BEFORE September 4, 2025 at 2:00 PM EST

NOTE: RESPONSES RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED

To facilitate processing, please mark the outside of the envelope in the lower left hand corner as follows:

20-25 - Emergency Pump Connection. An address label has been provided.

The envelope shall also include the Respondent’s return address in the upper left hand corner.

Respondents shall submit TWO (2) copies of the proposal in a sealed, opaque envelope or box.

The respondent may submit the proposals by mail, parcel delivery service, or in person.

Please note that Sections 119.071(1)(b), (c) and 815.045 of the Florida Statutes address in part the issue of the public nature of sealed bids, qualifications or proposals as well as the confidential nature of certain trade secrets. The bid, qualifications or proposal submitted by your company may contain areas, which are designated "confidential" or "exempt from disclosure." A generic notation that information is "confidential" shall not suffice. Failure to provide a detailed explanation and justification including statutory cites and specific reference to your submittal(s) detailing what provisions, if any, you believe are exempt from disclosure, may result in your submittal(s) being subject to disclosure in accordance with Chapter 119 of the Florida Statutes. If the respondent believes their information to be exempt from disclosure, the respondent must supply an additional “redacted” copy of the proposal response their bid submittal.

Due to the irregularity of mail and delivery services, the City cautions respondents to assure actual delivery of proposals to the Purchasing Coordinator prior to the deadline set for receiving submissions.

Telephone confirmation of timely receipt of the proposal may be made by calling (386) 601-0229 at least four (4) hours prior to opening time for proposals. Proposals received after the established deadline shall not be opened or considered and, provided that the respondent has provided a valid and legible return address as instructed herein, shall be returned in their unopened state to the respondent.

Respondents may withdraw their submissions by notifying the City via email to Susan Perry at sperry@debary.org at any time prior to the opening. Respondents may withdraw their submissions in person or by an authorized representative. Respondents and authorized representatives must provide the letter of withdrawal, picture identification, proof of authorization (in the case of authorized representatives), and provide the City with a signed receipt for the qualification package. Proposals, once opened become the property of the City and will not be returned to the respondent.

All solicitations and supporting documents will be posted on the City's webpage, VendorLink and DemandStar. It is the sole responsibility of interested parties to monitor the City's webpage, VendorLink and DemandStar for solicitation opportunities and updates.

5. Execution of Bid Submittal: Each Bid submittal must include the signature of an officer or employee having authority to bind the Contractor in the space(s) provided. Only the terms and conditions of this Bid, as released by the City of DeBary or amended via addendum, are valid. Any modification to any term or condition by the Contractor is not binding unless it is expressly agreed to in writing by the City of DeBary.

6. Interpretation of Bid Documents: No interpretation of the meaning of this Bid document or correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. All requests for an interpretation or clarification of this Bid, and any subsequent addenda, or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the City of DeBary Purchasing Department Representative. Inquiries must reference the date of Bid opening, Bid title, and Bid number. Interpretation of the Bid, clarification of Bid specifications, and changes to the Bid shall be communicated by written addenda only. Only the written interpretation or correction given by the Purchasing Department Representative shall be binding. Verbal responses shall be considered inadmissible in Bid protest proceedings. Contractors are advised that no other source is authorized to interpret, explain, clarify or give information regarding the Bid documents. Written addenda shall be signed by the Contractor and returned with the Bid submission. Failure to return such addenda may constitute cause for rejection of a Bid submittal.

7. Public Records:

The City of DeBary is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law.

7.1. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS, Annette Hatch, CMC, City Clerk AT 386.601.0219, ahatch@debary.org 16 Colomba Road, DeBary, Fl.

32761

7.2. The Contractor acknowledges its legal obligation to comply with Section 119.0701, Florida

Statutes. The Contractor shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, which would be required to be kept and maintained by the City of DeBary to perform the scope of services. The Contractor shall comply with all requirements for retaining public records and shall transfer, at no cost to the City of DeBary, all public records in the possession of the Contractor upon a request for such public records. See Section 119.0701(2)(b)4, Florida Statutes, for additional record-keeping requirements.

7.3. A request to inspect or copy public records relating to the City of DeBary’s’ Agreement for services must be made directly to the City of DeBary’s Custodian of Public Records. If the City of DeBary does not possess the requested records, the City of DeBary’s Custodian of Public Records shall immediately notify the Contractor of the request. The Contractor must provide a copy of the records to the City of DeBary or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. If the Contractor does not timely comply with the City of DeBary’s request for records, mailto:ahatch@debary.org the City of DeBary shall be able to sue for breach of Agreement and the prevailing party shall be entitled to attorney’s fees.

7.4. Should the Contractor fail to provide the requested public records to the City of DeBary within a reasonable time, the Contractor understands and acknowledges that it may be subject to penalties under Sections 119.0701(3)(c) and 119.10, Florida Statutes.

7.5. The Contractor shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of this Agreement term and following the completion, expiration, or termination of same if the Contractor does not transfer the records to the City of DeBary. Upon completion, expiration, or termination of this ITB, the Contractor shall transfer, at no cost to the City of DeBary, all public records in its possession or keep and maintain public records required by the City of DeBary to perform the services. If the Contractor transfers all public records to the City of DeBary, the Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion, expiration, or termination of this ITB, the Contractor shall meet all applicable requirements for retaining public records and provide requested records to the City of DeBary under the requirements of this Article. All public records stored electronically must be provided to the City of DeBary in a format that is compatible with the information technology systems of the City of DeBary.

8. Non-Collusion: The prices in the Contractor’s submittal have been arrived at independently, without consultation, collusion, communication, or agreement to restrict competition, as to any matter relating to such prices with any other Contractor or with any competitor.

9. Conflict of Interest: In addition to complete adherence to the requirements provided in Section 112.313, F.S., all Contractors must disclose the name of any officer, director, agent, or representative who is also an employee of the City of DeBary, who knowingly owns, directly or indirectly, any interest of any amount in Contractor’s company, firm, or business, or who derives income of any kind from Contractor’s company, firm or business.

10. Bid Protests: Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this Bid or who is adversely affected by a decision of the City of DeBary concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of intended decision is posted.

A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value.

The Notice of Intent to Protest and formal written protest shall be filed at the following address:

The City of Debary, Florida Finance Director

The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

11. No-Contact Period / Lobbying: During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor, or other people may lobby a Council Member, the City Manager, any City of DeBary employees except (a) any designated Purchasing or Finance Official or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving bid protests; and (b) a Council Member, the City Manager, any City of DeBary employees who is lobbied on issues or matters unrelated to the procurement of goods and services which are subject to the No Contact Period.

The No-Contact Period shall commence on the initial date of the advertisement for this Bid and continue through and include the date the City Council makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify the Contractor from consideration.

12. Laws and Regulations: Applicable provisions of all federal, state, county, and local laws, and all ordinances, rules, and regulations shall govern the development, submittal, and evaluation of all Bids received in response hereto and shall govern any claims and disputes which may arise between the Contractors submitting a response hereto and the City of DeBary by and through its officers, employees, and authorized representatives, or any other persons, natural or otherwise; and lack of knowledge by any Contractor shall not constitute a cognizable defense against the legal effect thereof.

13. Patents, Copyrights, and Royalties: The Contractor, without exception, shall indemnify, defend, and hold harmless The City of DeBary, Florida, and its employees from liability of any nature or kind including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of DeBary. If the Contractor uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception its Bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

14. Independent Contractor Relationship: The Contractor is, and shall be, in the performance of all

Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the City of DeBary. All persons engaged in any of the work or Services performed under this Agreement shall at all times, and in all places, be subject to the Contractor’s sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor’s relationship and the relationship of its employees to the City of DeBary shall be that of an independent contractor and not as employees or agents of the City of DeBary. The Contractor does not have the power or authority to bind the City of DeBary in any promise, agreement, or representation.

Nothing contained herein shall be deemed to create an association, partnership, joint venture, or relationship of principal and agent or master and servant among the Parties or any affiliate thereof, or to provide any Party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other Party.

The City of DeBary, in its absolute discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor, or agent of the Contractor. Such rejection shall not relieve the Contractor of the obligation to perform all work in compliance with the Bid.

15. Marketing/Advertising: By submitting or being awarded this Bid, the Contractor agrees not to use the results as a part of any marketing and/or commercial advertising using the City of DeBary’s name, logos, etc. without the express written consent of the City.

16. Purchases by Other Public Agencies/Piggyback: With the consent and agreement of the Contractor, purchases may be made under this Bid by other governmental agencies, political subdivisions within the State of Florida, or any other public entity. Such purchases shall be governed by the same terms and conditions stated herein. Further, it is understood that each agency will issue its own purchase order to the Contractor. This agreement in no way restricts or interferes with the right of any other public agency to rebid any or all of these items.

17. Right to Use Existing Contracts / Non-exclusivity: The City of DeBary reserves the right to utilize any other contract, including, but not limited to, the following: any State of Florida Contract, any contract awarded by any other city or county governmental agencies, school boards, community colleges/state university system, cooperative agreements, or to directly negotiate/purchase. The City of DeBary also reserves the right to bid separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the best interest of the City of DeBary, at any time during this agreement term.

18. Public Entity Crimes: Section 287.133(2)(a), F.S., as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted contractor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to any public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity over the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted contractor list.

19. Bankruptcy / Insolvency: At the time of Bid submission, the Contractor shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings. If the Contractor is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, the City of De Bary may, at its option, terminate and cancel the Agreement, in which event all rights hereunder shall immediately cease and terminate.

20. Termination: The City of DeBary reserves the right to terminate the award as a result of this Bid, or any part herein, without cause or penalty. The City of DeBary will notify the Contractor of the intent to terminate, in writing, a minimum of thirty (30) days before the effective date of termination, and the agreement will officially terminate at the end of the thirty (30) day grace period. Termination or cancellation of the Bid will not relieve the Contractor of any obligations for any deliverables entered into before the termination of and/or obligations or liabilities resulting from any acts committed by the Contractor before the termination of the agreement.

21. Right to Reject: The City of DeBary reserves the right to reject any or all Bid(s), to waive minor irregularities, and/or to accept the Bid(s), which in its sole judgment best serves the interest of the City of DeBary.

22. Method of Ordering: The Contractor shall only fill orders for commodities and/or services upon receipt of an authorized purchase order issued by the City of DeBary, or City of DeBary Purchasing Card. All orders will be initiated on an as-needed basis throughout the term of this Bid. Orders shall be promptly filled and delivered to the location specified on the purchase order.

23. Invoicing: The Contractor is required to submit all invoices referencing a valid City of DeBary purchase order number for all payment requests.

It is the sole responsibility of the Contractor to ensure that an invoice corresponds to its applicable purchase order and to resolve any discrepancies by notifying the point of the contact person listed on the attention line under the ship-to area of the purchase order before submitting the invoice for payment.

Any invoice submitted as a result of the award of this Bid shall be itemized matching the items on the purchase order.

An invoice can only reference one purchase order number. Invoices that do not reference valid purchase order numbers will be returned to the Contractor for resolution of the discrepancies and resubmitted.

24. Payment: The City of DeBary will only pay the dollar amounts as authorized on the purchase order.

Payment will be made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the commodities or contractual services provided by the Contractor have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. Payment for partial shipments shall not be made unless specified in the purchase order. Failure to follow these instructions may result in delays in processing invoices for payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence.

25. Contractor’s Representative: The Contractor must provide a point of contact for the term of this Bid to include the name, email address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement of an order, coordination of services, and to address other issues. If the point of contact differs between regular work hours and after-hours, weekends, and holidays, this must be provided. The Contractor must provide the Purchasing Coordinator with any updates to the primary point of contact. The City of DeBary reserves the right to require a change in the Contractor’s point of contact at the City’s sole discretion.

26. Assignment: The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or of any or all of its rights, title, or interest therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by the City of DeBary.

27. Silence of Specifications: Any omissions of detail in the specifications stated herein that would render the commodities from use, as specified herein, will not relieve the Contractor from responsibility.

28. Equal Employment Opportunity: The City of DeBary is committed to assuring equal opportunity in the award of contracts and therefore complies with all laws prohibiting discrimination based on race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, gender identity or expression, genetic information, or any other reason prohibited by law.

29. Audit and Inspection: The City of DeBary or its representatives reserves the right to inspect and/or audit the Contractor's documents and records as they pertain to the products and services delivered under this Bid. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, duties, and obligations established by this Bid. Documents or records in any form shall be open to the City of DeBary’s representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the City of DeBary and the Contractor.

30. Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the City of DeBary, its City Council members, employees, and representatives from and against any claims, suits, judgments, demands, liabilities, damages, cost and expenses including attorney's fees of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the Contractor or its subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole gross negligence or intentional misconduct of the City of DeBary.

Nothing in this Bid shall be deemed to affect the rights, privileges, or be deemed a waiver of, or limitation of the City of DeBary’s sovereign immunity protection and limitations of liability under Section 768.28, F.S. Any indemnity or assumption of liability by the City of DeBary hereunder shall be subject to the City of DeBary’s rights to sovereign immunity and any other limitations of liability provided the City of DeBary under Florida law.

31. Governing Law and Venue: Any actions associated with this Bid will be governed by the laws of the State of Florida. All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants, or conditions of this agreement shall in all respects be governed by and determined by the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law.

32. Contracts and Amendments: The contents of this Bid and all provisions of the Contractor’s submittal shall be considered an agreement and become legally binding. Any changes to the provisions hereinafter award must be in writing and signed by both Parties.

33. Compliance with Laws: Contractors are required to be familiar with all Federal, State, and local laws, ordinances, rules, and regulations that may affect their work in any manner. Failure on the part of the Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve the Contractor from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppression/extinguishers, job site first aid kits, and emergency communication. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the Contractor.

Governmental entities of the State of Florida are prohibited from entering into, amending, extending, and renewing certain contracts and agreements with entities of foreign countries of concern, pursuant to Section 287.138, Florida Statutes, and with business entities that engage in forced labor and human trafficking practices, pursuant to Sections 287.1346, and 786.06, Florida Statutes. Pursuant to Contractor’s executed Affidavit, attached hereto as Exhibit D, Contractor attests that it is not affiliated with, and it is not, an entity of foreign countries of concern, pursuant to Section 287.138, Florida Statutes, and that Contractor does not engage in forced labor and human trafficking practices as defined in Sections 287.1346, and 786.06, Florida Statutes.

34. Certification Regarding Scrutinized Companies: Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into, or renewing an Agreement for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida Statutes, further prohibits a company from bidding on, submitting a proposal for, or entering into or renewing an Agreement for goods or services over One Million Dollars and 00/100 Cents ($1,000,000.00) if, at the time of contracting or renewal, the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to Section 215.473, Florida Statutes, or the company is engaged in business operations in Cuba or Syria.

By submitting a Bid, the Contractor constitutes certification that it is not listed on any of the following:

(a) the Scrutinized Companies that Boycott Israel List, (b) Scrutinized Companies with Activities in Sudan List, or (c) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

The Contractor further certifies that it is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria. The Contractor acknowledges that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, attorney’s fees, and/or costs. The Contractor further understands that any Agreement with the City of DeBary for goods or services of any amount may be terminated at City of DeBary’s option if the Contractor (a) is found to have submitted a false certification, (b) has been placed on the List of Scrutinized Companies that Boycott Israel, or (c) is engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the Agreement is one million dollars ($1,000,000) or more, the Agreement may be terminated at City of DeBary’s option if the Contractor is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria.

35. Florida Department of State, Division of Corporations Registration Requirements: Contractors who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered Contractors must have an active status to be eligible to do business with the City of DeBary. Contractors doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company.

If the Contractor is not located in Florida, the Contractor must provide their state’s document number and a screenshot of their current, date-identified “active” status with their submittal.

36. State Term Contracts: Following Section 1010.04, F.S., purchasing agreements, and state term contracts available under Section 287.056, F.S. have been reviewed to determine if they suit the needs of the the City and/or provide an economic advantage.

37. Taxes: The City of DeBary is exempt from and does not pay Federal Excise or State of Florida Sales taxes.

38. Confidential, Proprietary, or Trade Secret Material: If the Contractor considers any portion of the documents, data, or records submitted in response to this Bid to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119 Florida Statutes, the Florida Constitution or other authority, the Contractor must also simultaneously provide the City of Debary with a separate redacted copy of its response. The redacted copy shall contain the City of Debary’s solicitation name, number, and the name of the Contractor on the cover, and shall be clearly titled “Redacted Copy.”

The Contractor must also include next to each redaction the statutory basis for the exemption The Redacted Copy shall be provided to the City of Debary at the same time the Contractor submits its response to the Bid and may only exclude those exact portions which are claimed confidential, proprietary, or trade secret.

The Contractor shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret, or otherwise not subject to disclosure. Further, the Contractor shall protect, defend, and indemnify the City of Debary for any claims from or relating to the Contractor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure.

If the Contractor fails to submit a Redacted Copy with its response, the City of Debary is authorized to produce the entire documents, data, or records submitted by the Contractor in response to a public records request for these records.

39. Favored Nation Clause: Based on similar size and quantity, it is understood that the Contractor is providing the City of Debary the same or better pricing than other governmental agencies. If during the term of this agreement, the City of Debary identifies better pricing for the same item, the Contractor agrees to offer the City of Debary the reduced price.

40. Liquidated Damages: The Contractor agrees to the use of Liquidated Damages in the event the Contractor fails to perform by the provisions herein. On the occasion where the Contractor is in default of the Agreement, or any material provision thereof, or fails to remedy any deficiency in performance, the City of Debary may procure the necessary supplies or services from an alternative source and hold the Contractor financially responsible for any excess costs incurred. The difference between the Bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the Contractor.

41. Force Majeure: Neither Party shall be liable for any failure or delay in performing any duty, requirement, or obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, epidemic, pandemic, quarantine, riots, civil commotion, acts of government authorities, changes in laws or regulations strikes, or other labor disputes, or because of any other matter or condition beyond the control of either party and which cannot be overcome by reasonable diligence and without unusual expense.

42. Report of Unsatisfactory Products and/or Services: A Vendor Performance Report form will be utilized to document unsatisfactory performance during the term of this Bid. The report may become an important part of the Contractor’s history. The report and process will assist the City of Debary in determining whether there is a continuing pattern of problems that may need to be addressed through termination of the contract and/or suspension of the Contractor from future Bidding.

43. E-Verify: By submitting a Bid response with the City of Debary the Contractor is obligated to comply with the provisions of Section 448.095, Florida Statute, "Employment Eligibility." Further, by execution of this Agreement, the Contractor affirms and represents that it is registered with, and uses the E-Verify system, and will continue to use the E-Verify system. Compliance with Florida Statutes Section 448.095 includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien.

44. Notice of Prohibition Against Considering Social, Political, or Ideological Interests: Pursuant to Section 287.0501, F.S, the City of DeBary may not:

(i) Request documentation of or consider a Contractor’s social, political, or ideological interests when determining whether a Contractor is a responsible Contractor; or

(ii) Give preference to a Contractor based on the Contractor’s social, political, or ideological interests.

45. Notice: Whenever either Party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the Contractor designates the address set forth on the first page of this bid document as its place for receiving notice, and the City of DeBary designates the following address for such notice:

The City of DeBary, Florida Attention: Finance Director

SPECIAL CONDITIONS

1. Award: Award shall be made to the lowest, responsive, responsible Contractor(s), meeting the specifications with consideration being given to the specific quality of the product, conformity to the specifications, and suitability to the City of DeBary’s needs, delivery terms, qualifications, and past performance. The City of DeBary reserves the right to make multiple awards in its best interest.

City of DeBary reserves the right to make award(s) by individual item, group of items, and all or none or a combination thereof; to reject any and/or all Bids, and to waive any minor irregularity or technicality. Payment discounts will not be considered for Bid evaluation purposes but may be considered in the event of a tie.

2. Pre-Bid Meeting: A Mandatory Pre-Bid meeting will be held for all interested Contractors at the date and time indicated on the first page of this Bid. An overview of the solicitation process and review of the scope of services will be conducted. Any questions regarding the technical specifications shall be submitted to the Purchasing Coordinator responsible for this Bid as identified on the first page.

Answers to these questions will be issued in the form of a written addendum for review by all interested parties.

3. Facilities: The City of DeBary reserves the right to inspect the Contractor’s facilities at any time with or without prior notice and may use the information obtained in determining whether the Contractor is responsible for the performance of this Bid.

4. Inspections and Testing: The City of DeBary will have the right to expedite, inspect, and test any of the goods or services covered under this Bid. All goods or services are subject to the City of DeBary’s inspection and approval upon arrival or completion. If rejected, they will be held for disposal at the Contractor’s risk. Such inspection, or the waiver thereof, however, will not relieve the Contractor from full responsibility for furnishing goods or work conforming to the requirements of this Bid or the Bid Specifications, and will not prejudice any claim, right, or privilege the City of DeBary may have because of the use of defective or unsatisfactory goods or work.

5. Stop Work Order: The City of DeBary may at any time by written notice to the Contractor stop all or any part of the work for this Bid award. Upon receiving such notice, the Contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. The City of DeBary may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the Bid terms and conditions.

6. Quantities: Any quantities identified in this Bid are estimates only and in no way obligate the City of DeBary to purchase these amounts. The City of DeBary reserves the right to re-negotiate prices if, at any time during the term of the agreement, the City of DeBary purchases more than the estimated quantities in this Bid. The award resulting from this Bid will be for Indefinite Delivery, Indefinite Quantity (IDIQ).

7. Warranty: All goods and services furnished by the Contractor, relating to and under this Bid will be warranted to be free of defects, meet or exceed the specifications contained herein, and fit for the intended use. In the event of a breach, the Contractor will take all necessary action, at the Contractor’s expense, to correct such breach in the most expeditious manner possible.

8. Protection of Persons and Property: Precautions will be exercised at all times for the protection of persons and property. Barricades will be provided by the Contractor at its expense when work is performed in areas traversed by persons or vehicles. The Contractor shall conform to any safety requirements deemed necessary by the Occupational Safety and Health Administration (OSHA) requirements and by the City of DeBary Representative to insure the safety of all staff, and community members.

The Contractor shall at all times guard from damage or loss to property of City of DeBary and shall replace or repair any loss or damage unless such is caused by the City of DeBary, or other Contractors. The City of DeBary may withhold payment or make such deductions, as it might deem necessary to insure reimbursement for loss or damage to property through negligence of the Contractor or its agents.

9. Removal of Debris: The Contractor shall be responsible for the prompt removal of all debris from the worksite, which is a result of its activities. The Contractor shall not use the trash receptacles located on City of DeBary property. Any debris left at the worksite must be removed within 24 hours notice from the City of DeBary. The Contractor assumes all liability for accidents that may occur due to any debris, equipment, tools, and worksite hazards.

10. Site Access: To the extent services awarded under this Bid require the Contractor to be provided keys or security access badges by the City, if these items are lost, the Contractor will be responsible for the entire cost of replacement keys and the cost to rekey the site. For security purposes, the Contractor shall report the lost or stolen key to City of DeBary project representative immediately, so that City of DeBary may take steps to secure the location.

INSURANCE REQUIREMENTS

1. INSURANCE

A. Coverages

1. Prior to commencement of its Work, the Contractor shall furnish to City, policies of insurance and appropriate certificates evidencing that the below described insurance is in force and fully paid.

All insurance policies and certificates provided for hereunder shall become a part of the resulting Agreement, and the policies and insurance company issuing same must be acceptable to the City. The Contractor must purchase and maintain insurance of the following types of coverage and limits of liability:

1.1 Commercial General Liability (CGL) with limits of insurance no less than $1,000,000 each occurrence and $2,000,000 annual aggregate.

1.1.1 If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project.

1.1.2 CGL coverage must be written on ISO Occurrence Form CG 00 01 1093 or a substitute form providing equivalent coverage and must cover liability arising from premises, operation, and personal and advertising injury.

1.1.3 City, Owner, and all other parties required by the City and/or by the Owner Contract, must be included as addition insureds on the CGL, the endorsement used must provide a scope of coverage equivalent to or broader than the ISO CF 20 10 and 2037 forms. This insurance for the additional insureds must be as broad as the coverage provided for the name insured Contractor. It shall apply as Primary Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. Insurance must be primary and non-contributory.

1.1.4 The Contractor shall maintain CGL coverage for itself and all additional insureds for the duration of the Project and maintain Completed Operations coverage for itself and each additional insured through the longer of the applicable statute of limitations or repose period for construction defects and products liability claim in the state where the Work is performed after completion of the Work.

1.2 Automobile Liability

1.2.1 Business Auto Liability insurance with minimum limits of at least $1,000,000 each accident is required.

1.2.2 Business Auto coverage must include coverage for liability arising out of all owned, leaded, hired and non-owned automobiles.

1.2.3 City, Owner and all other parties required of the City shall be included as addition insureds on the auto policy.

1.3 Commercial Umbrella

1.3.1 Umbrella limits must be at least $1,000,000.

1.3.2 Umbrella coverage must include as insureds all entities that are additional insureds on the CGL

1.3.3 Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to the addition insured other than the CGL, Auto Liability and Employers Liability coverages maintained by the Contractor.

1.4 Workers’ Compensation and Employers Liability

1.4.1 The Contractor will acquire and maintain a Workers’ Compensation policy in accordance with Florida statutory requirements.

1.5 Builders Risk Insurance

1.5.1 The City and/or Owner may pay for and/or maintain a Builder’s Risk Insurance policy insuring the Work against damages and loss by fire, storm, theft, and other such causes from which the Contractor shall receive his pro-rata share in the event of a loss. However, the City assumes no responsibility for any loss excluded from Builder’s Risk Insurance, or for payment of any deductibles regardless of whether the City or Owner paid for or provided the Builder’s Risk Insurance. If the Owner or City has not purchased insurance satisfactory to the Contractor, such Contractor may, as its sole option and expense, purchase and maintain a policy insuring its Work against damages and loss by fire, storm, theft and other such causes to protect the interest of the Contractor.

1.6 Professional Liability Insurance

1.6.1 The Contractor shall, prior to commencing work for the City and throughout the term of the resulting Agreement, Professional Liability insurance with limits of no less than $1,000,000 per occurrence, $2,000,000 aggregate, and with respect only to the projects contemplated by the Agreement. Such policy must cover all of the Contractor’s and Sub-consultants’ professional liabilities, whether occasion by the Contractor or its Subcontractors, or its agents or employees [and broad enough to include errors and omissions specific to the Contractor’s professional liability with no exclusion for the design-build work]. The City will not be listed as an additional insured for this policy.

1.6.2 If the Professional Liability Policy is written on a Claims Made Form, it must maintain a retroactive date prior or equal to the effective date of the resulting Agreement. The Contractor shall purchase a Supplemental Extended Reporting Period (“SERP”) with a minimum reporting period of not less than three (3) years in the event that the policy is canceled, not renewed, switched to occurrence form, or any other event that requires the purchase of a SERP to cover a gap in insurance for claims that may arise under the Agreement. The Contractor’s purchase of the SERP does no relieve the Contractor of the obligation to provide replacement coverage. In addition, the Contractor shall require the carrier to immediately inform the Contractor and the City of any contractual obligations that may alter its professional liability coverage under the resulting Agreement.

2. Certificates of Insurance acceptable to the City shall be filed with the City prior to commencement of the Contractor’s Work. A copy of the Additional Insured Endorsement that is part of the Contractor’s Commercial General Liability Policy must be attached to each certificate of insurance for such Policy. The City must receive Contractor’s proof of insurance as required above at the beginning of each Project, and at any other time that the insurance required by the Contract

Documents is required to be in place. Such condition is an express condition precedent tot the Contractor’s right to commence work and Contractor’s right to payment at any time.

3. Coverages, whether written on an occurrence or claims-made basis, must be maintained without interruption from date of commencement of the Contractor’s Work until date of final payment and termination of any coverage required to be maintained after final payment to the Contractor.

4. These certificates and…