26-008 ITB - Well _3A - Bid Doc_ FINAL.pdf

City of Fort Walton Beach – Well #3A Pipe Replacement ITB #26-008

INVITATION TO BID ISSUE DATE: May 26 , 2026

City of Fort Walton Beach, Florida BID NO: ITB 26-008 Purchasing Division 105 Miracle Strip Pkwy SW OPENING DATE: July 7 , 2026 Fort Walton Beach, Florida 32548 Telephone: (850) 833-9523 OPENING TIME: 2:00 PM CST Website: http://www.fwb.org

DISCLAIMER – ALL FORMAL SOLICITATION DOCUMENTS ARE POSTED ONLY

AT www.BidnetDirect.com

NO OTHER THIRD-PARTY WEBSITES ARE AUTHORIZED TO REPRESENT CITY BIDS.

BID REQUESTED

WELL #3A PIPE REPLACEMENT

The City of Fort Walton Beach, FL invites interested bidders to submit electronic bids for ITB# 26-008:

City of Fort Walton Beach – Asphalt Paving Annual Bid. Bids will be opened and publicly read aloud at City Hall Annex, Training Room, City of Fort Walton Beach, 105 Miracle Strip Parkway SW, Fort Walton Beach, Florida at 2:00 PM (local Central time) on July 7, 2026.

A Mandatory pre-bid Meeting will be held on June 23, 2026 - 10:00am, at City Hall Annex (Training Room) 105 Miracle Strip Pkwy SW, Fort Walton Beach, FL, followed by Optional Site Visit.

Bids must be SUBMITTED ON THE FORMS FURNISHED BY THE CITY and in accordance with specifications and the list of quantities desired.

Respondents are advised that from the date of release of this solicitation until award of the contract, no contact with City personnel related to this solicitation is permitted. All communications shall be directed to the Purchasing Representative and sole contact listed below.

It is the intent and purpose of the City of Fort Walton Beach that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise the Purchasing Division at the address noted in the General Conditions, if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation to Bid to a single source. Such notification must be submitted in writing and must be received by the Purchasing Division no later than fourteen (14) days prior to the bid opening date.

Sincerely, Diana Reimer Purchasing Agent II City of Fort Walton Beach, FL

Table of Contents

BID REQUESTED

SECTION 1 – INSTRUCTIONS FOR SUBMITTING BID

SECTION 2 - GENERAL CONDITIONS

2.1 EXECUTION OF BID

2.2 SUBMITTAL OF BIDS

2.3 AMENDMENT OF THE INVITATION TO BID

2.4 BIDDER'S CERTIFICATION FORM

2.5 DRUG FREE WORKPLACE PREFERENCE FORM

2.6 PUBLIC ENTITY CRIMES FORM

2.7 SPECIFICATIONS REQUIRED

2.8 ALTERNATIVES/SUBSTITUTIONS TO SPECIFICATIONS

2.9 PRICES, TERMS, AND PAYMENT

2.10 DISCOUNTS

2.11 EFFECTIVE PERIOD

2.12 CONE OF SILENCE / QUESTIONS OR BIDDING PROCESS

2.12.4 Purchasing Representative - Direct all inquiries to:

2.13 ELECTRONIC BID SUBMISSION

2.14 RECEIPT OF BIDS / DUE DATE

2.15 WITHDRAWAL OF BIDS

2.16 BID OPENING

2.17 AWARD OR REJECTION OF BIDS

2.18 SELECTION / REJECTION OF OPTIONS/ALTERNATIVES

2.19 BID TABULATION & EVALUATION

2.20 TAX EXEMPT

2.21 POLITICAL SUBDIVISIONS CONTRACTS

2.22 PIGGYBACK PROVISIONS

2.23 MISTAKES

2.24 CONDITION AND PACKAGING

2.25 SAFETY STANDARDS

2.26 MARKING

2.27 TRADE NAMES

2.28 INVOICING AND PAYMENT

2.29 FLORIDA PROMPT PAYMENT ACT (Invoicing & Payment)

2.30 DISPUTE RESOLUTION

2.31 CONFLICT OF INTEREST

2.32 INSPECTION, ACCEPTANCE, AND TITLE

2.33 DISPUTES

2.34 LEGAL REQUIREMENTS

2.35 INDEPENDENT CONTRACTOR STATUS; INDEMNITY

2.36 TIME IS OF THE ESSENCE

2.37 ASSIGNMENT

2.38 TERMINATION FOR CONVENIENCE

2.39 TERMINATION FOR DEFAULT

2.40 LIABILITY

2.41 LOCAL MERCHANT PREFERENCE

2.42 PROHIBITION OF CERTAIN DOCUMENTS

2.43 PUBLIC RECORDS

2.44 INCURRED EXPENSES

2.45 PROPRIETARY INFORMATION

SECTION 3 - SPECIAL CONDITIONS ................................................................................ …….. 15

3.1 PRE-BID CONFERENCE

3.2 PERFORMANCE TIME

3.3 FAMILIARITY WITH SITE CONDITIONS

3.4 RIGHT TO AUDIT RECORDS

3.5 BIDDER QUALIFICATION

3.6 FISCAL YEAR FUNDING APPROPRIATION

3.7 CANCELLATION DUE TO UNAVAILABILITY OF FUNDS

3.8 LIQUIDATED DAMAGES

3.9 INSURANCE

3.10 SUBCONTRACTOR(S)

3.11 CONSTRUCTION OF SPECIAL CONDITIONS

3.12 VALUE ENGINEERING

3.13 INSPECTION

SECTION 4 - ADDITIONAL CONTRACT TERMS:

4.1 INDEPENDENT CONTRACTOR

4.2 CHANGES IN SCOPE OF WORK

4.3 NOTICE TO PROCEED

4.4 TIME OF COMPLETION

4.5 PAYMENTS

4.6 PAYMENTS WITHHELD

4.7 TEMPORARY SUSPENSION OF WORK

4.8 LIENS

4.9 GOVERNING LAW AND VENUE

4.10 WAIVER OF JURY TRIAL

4.11 FEDERAL REGULATIONS & TERMS

SECTION 5 – SCOPE OF WORK / SPECIFICATIONS

5.1 INTENT & BACKGROUND

5.2 SCOPE OF WORK

5.3 PERFORMANCE SCHEDULE

5.4 MATERIALS

5.5 DELAYS/TIME EXTENSIONS

5.6 HOURS OF OPERATION

5.7 PERSONNEL

5.8 COORDINATION & PROGRESS MEETINGS

5.9 DEFECTIVE WORK

5.10 FINAL INSPECTION

5.11 SITE VISIT

5.12 OTHER CONSIDERATIONS FOR SCOPE OF WORK:

5.13 ESCALATION / DE-ESCALATION

SECTION 6 – EXHIBIT A – PRICE SHEET

SECTION 7 – NOTICE TO BIDDERS

SECTION 1 – INSTRUCTIONS FOR SUBMITTING BID

1.1 Bidders are expected to examine this bid form and all instructions. Failure to do so will be at the bidder’s risk.

1.2 All prices and notations must be submitted electronically via BidNet Direct, under the City’s postings. All bids must be signed with the firm’s name and by a responsible officer or employee.

Mistakes may be crossed out and corrections typed adjacent and must be initialed and dated in ink by person signing bid.

1.3 Each bidder shall furnish all the information required on the bid form and each accompanying sheet on which he/she makes an entry.

1.4 Unit price for each unit bid shall be shown. A total shall be entered into the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will be presumed to be correct. Failure to show unit prices may render bid as non-responsive.

1.5 Although the City generally awards bids based on a “lump sum” basis to the bidder submitting the lowest responsive and responsible total bid as shown on the Invitation to bid cover sheet, the City may choose to award on a “per group” or “per item” basis. Therefore, bidders must submit with their bids all pricing pages on the forms provided, clearly indicating which items are bid and which are not.

Failure to submit these pages will render such bid non-responsive.

1.6 The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Kim Barnes at 850-833-9509 to make a request. For Telecommunications Relay Services (TRS), dial 711 or email clerk@fwb.org. Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service. Here is a link with the details:

https://www.fcc.gov/sites/default/files/telecommunications_relay_service.pdf

1.7 – FORMS – DO NOT SUBSTITUTE FOR OTHER FORMATS, USE BID FORMS ONLY.

BID CHECKLIST: REMEMBER to include all required forms including:

XX Invitation to Bid Cover Sheet with Total Amount of Bid Stated on It XX Standard Forms found on BidNet; completed and signed N/A Contractor Questionnaire XX Price Sheet - Exhibit A XX Bid Bond

SPECIAL ITEMS (APPLICABLE TO THIS BID ONLY):

XX Insurance (See Special Conditions) XX Exceptions to Specifications on company letterhead (See General Conditions 2.7/2.8) N/A Product Specifications (See General Conditions)

NOTE: PLEASE ENSURE THAT ALL DOCUMENTS ARE COMPLETED AND SUBMITTED

WITH YOUR BID IN ACCORDANCE WITH THIS INSTRUCTION SHEET. FAILURE TO

DO SO MAY RESULT IN YOUR BID NOT BEING CONSIDERED FOR AWARD.

SECTION 2 - GENERAL CONDITIONS

2.1 EXECUTION OF BID

Bid must contain either manual or electronic signature of an authorized representative in the space provided. Florida law requires that when a municipality enters into a contractual agreement with a corporation licensed to do business in the State of Florida, such agreement shall be signed by two (2) Corporate Officials (i.e., President, Vice President, Secretary, Treasurer) with the corporate seal affixed.

It also requires that such execution be acknowledged before a Notary Public with Notary Seal affixed.

If neither the aforementioned corporate officers nor the corporate seal are readily available, a letter of authorization can be submitted in lieu of these requirements. Such letter of authorization must be on the corporate stationery, must clearly state that the person who signed the referenced agreement is duly authorized to enter into such agreement on behalf of the corporation and must be signed by the corporate officials designated above. Failure to submit letter of authorization within two (2) weeks after notification of award may result in award to the next apparent low bidder.

2.1.1 In the case of a partnership, the agreement must be signed by a general or managing partner and notarized as outlined above.

2.1.2 In the case of a sole proprietorship, the owner must sign the agreement and have such execution notarized.

2.1.3 If you have any questions regarding the execution of the signature page, please feel free to contact the Purchasing Division at (850) 833-9523 for further clarification.

2.2 SUBMITTAL OF BIDS

Bids shall be submitted utilizing the bid form(s) provided by the City. All bids shall be properly executed with all blank spaces filled in. The signatures of all persons signing shall be in full signature.

Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid. If the unit price and the total amount named by a bidder for any item are not in agreement, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected.

2.3 AMENDMENT OF THE INVITATION TO BID

It is the Bidder’s responsibility to contact the Purchasing Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid (or complete and sign addenda acknowledgement form.) The failure of a bidder to submit acknowledgment of any addenda that affects the bid price(s), is considered a major irregularity and will be cause for rejection of the bid.

2.4 BIDDER'S CERTIFICATION FORM

Each bidder shall complete the "bidder's certification" form included with this invitation to bid and submit the form with the bid. The failure of a bidder to submit this document will be cause for rejection of the bid.

2.5 DRUG FREE WORKPLACE PREFERENCE FORM

Pursuant to § 287.087, Fla. Stat., the City must give preference to businesses that have implemented drug-free workplace programs whenever two or more bids, proposals, or replies are equal in price, quality, and service. If your business has implemented a drug free workplace program, you must provide a copy of all documents, rules, policies, and procedures adopted by your business that satisfy the requirements of § 287.087.

2.6 PUBLIC ENTITY CRIMES FORM

A person or affiliate, as defined in § 287.133, Fla. Stat., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Bidder under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in § 287.017, Fla. Stat., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a bid, you are certifying your company is in compliance with § 287.133, Fla. Stat.

2.7 SPECIFICATIONS REQUIRED

All items quoted must be in compliance with the specifications. If you are taking exception, indicate those exceptions on company letterhead and attach to this Invitation to Bid.

2.8 ALTERNATIVES/SUBSTITUTIONS TO SPECIFICATIONS

Any alternatives or substitutions to the attached specifications must be clearly delineated, set out and submitted with the bid (use separate sheets of paper and make them part of the bid).

2.9 PRICES, TERMS, AND PAYMENT

All prices must be firm for the delivery schedule quoted in the specifications. Bids stipulating "Price in effect at time of shipment" or other similar conditions will be considered not responsive to the bid invitation and will not be accepted. All prices shall be quoted F.O.B. delivered to any City of Fort Walton Beach Department unless otherwise stipulated in the bid invitation. Bidder is requested to offer cash discount for prompt invoice payment. It is the policy of the City of Fort Walton Beach to make payments of invoices in time to earn any offered cash discounts. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Finance Department office, whichever is later.

2.10 DISCOUNTS

Bidders may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later.

2.11 EFFECTIVE PERIOD

Prices quoted in the bid must remain valid for a period of ninety (90) days from the date of bid opening.

2.12 CONE OF SILENCE / QUESTIONS REGARDING SPECIFICATIONS OR BIDDING

PROCESS

2.12.1 Cone of Silence/Communication Restrictions

To ensure fair consideration for all bidders, the City prohibits any communication, whether written, electronic, or oral, regarding this solicitation with any City employee, City official, elected official, or member of the evaluation committee, except as expressly permitted herein.

This restriction shall be in effect beginning with the issuance of the solicitation and shall remain in effect until the Cone of Silence is terminated.

The Cone of Silence shall terminate upon the posting of the Notice of Intent to Award, final award determination, City Council action, or cancellation of the solicitation.

Any communication initiated by a bidder, proposer, or their representative outside of the established process, or any attempt to influence a member of the City Council, City Staff, or evaluation committee may result in immediate disqualification from further consideration.

This restriction does not apply to:

o Communications with the City’s Purchasing Division for clarification of solicitation requirements.

o Attendance at duly noticed pre-bid or pre-proposal conferences or public meetings.

o Public presentations before the City Council or evaluation committee meetings.

All communications regarding this solicitation shall be directed exclusively to the Purchasing Representative identified in Section 2.12.4.

2.12.2 Questions Regarding Specifications or Bid Process

All questions regarding the interpretation of specifications or the bidding process must be submitted in writing through BidNet Direct to the Purchasing Representative identified in Section 2.12.4, allowing sufficient time for a response prior to bid opening.

No inquiries received after June 29, 2026 will be considered or addressed.

Responses to questions and any changes to the solicitation will be issued in the form of a written addendum, which will be made available to all prospective bidders (on BidNet Direct) no later than seven (7) calendar days prior to the bid opening. Oral responses shall not be considered authoritative.

2.12.3 Addenda and Bidder Responsibility

It will be the responsibility of the bidder to contact the Purchasing Division or go to www.BidNetDirect.com prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and to submit the executed addenda with their bid.

2.12.4 Purchasing Representative - Direct all inquiries to:

Diana Reimer, Purchasing Agent II Purchasing Division, City of Fort Walton Beach 105 Miracle Parkway SW Fort Walton Beach, Florida 32548

Telephone: (850) 833-9925 Email: dreimer@fwb.org Website: www.BidNetDirect.com

The City reserves the right to reject the response of any proposer found to have violated this section.

2.13 ELECTRONIC BID SUBMISSION

All bids must be submitted through www.BidNetDirect.com and are subject to the conditions specified therein and on any attached sheets, specifications, special conditions, or vendor notes. Offers by telephone, paper, fax, mail, email or in person for a bid will not be accepted.

2.13.1 Bidders are responsible for ensuring their electronic submission is complete and successfully uploaded prior to the due date and time specified. Late submissions, regardless of cause (including technical issues), will not be accepted.

2.13.2 The electronic bid file must include all required documents, forms, and attachments as listed in the solicitation. Documents should be clearly labeled and organized.

2.13.3 All bid documents submitted electronically shall be considered official and binding.

The electronic version will serve as the original bid.

2.14 RECEIPT OF BIDS / DUE DATE

Electronic bids must be submitted through the online portal, www.BidNetDirect.com, no later than 2:00 PM (CST) on July 7, 2026. The system will not accept submissions after the deadline.

2.14.1 Upon successful submission, bidders will receive an automatic confirmation via email from the system. Bidders are encouraged to verify receipt of confirmation to ensure their bid has been properly received.

2.14.2 Any modifications to a submitted bid must be made within the portal prior to the submission deadline. Once the deadline passes, no changes, withdrawals, or resubmissions will be allowed.

2.14.3 The City will not be responsible for delays, errors, or malfunctions of the bidder’s internet service, computer equipment, or other technical difficulties that prevent timely submission.

2.15 WITHDRAWAL OF BIDS

2.15.1 Bidders may withdraw or modify their electronic bid within the online portal at any time before the submission deadline.

2.15.2 After the deadline, bids become locked and cannot be altered. Withdrawal requests after the submission deadline must be submitted in writing to the Purchasing Division and may be subject to review and approval.

2.16 BID OPENING

The Bid Opening shall be public, on the date and at the time specified on the bid form. Offers by telephone, email or in person for a solicitation shall not be accepted.

2.17 AWARD OR REJECTION OF BIDS

The contract will be awarded to the lowest responsive and responsible bidder(s) complying with all the provisions of the Invitation to Bid, provided the bid price is reasonable and it is in the interest of the City to accept it.

2.17.1 The City of Fort Walton Beach reserves the right to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the City. The City of Fort Walton Beach also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete, on time, contracts of a similar nature, or a bid of a bidder who investigation shows is not in a position to perform the contract.

2.17.2 Award will be made in approximately ninety (90) days. It is incumbent on bidders to contact the Purchasing Division at (850) 833-9925 to determine the successful bidder(s).

2.17.3 Vendor Protests - Bidders or respondents who do not agree with the City Council’s award are afforded the opportunity to protest the recommendation by submitting a written vendor protest to the Purchasing Division within three (3) business days after City Council has awarded the purchase. Failure to file a written vendor protest within three

(3) business days shall constitute a waiver of proceedings under this policy.

2.17.4 In the best interest of the City, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any and all bids, or to waive any informality or technicality in bids received.

2.18 SELECTION / REJECTION OF OPTIONS/ALTERNATIVES

If an Invitation to Bid permits options or alternatives, the City reserves the right to select or reject any or all options or alternatives that are bid and as deemed to be in the best interests of the City.

2.19 BID TABULATION & EVALUATION

Bidders may request copies of the bid tabulation documents via email or in person. Bid Tabulations will not be provided by telephone.

2.20 TAX EXEMPT

The City does not pay federal excise and state sales taxes. Our tax exemption number is 85- 8012740106C-0 and is on all purchase orders. Respondents should include all applicable taxes in their solicitation responses.

2.21 POLITICAL SUBDIVISIONS CONTRACTS

Under Florida Law, prices contained in State Contracts shall be available to the City of Fort Walton Beach, who might wish to purchase under a State Purchase Contract. The City reserves the right to purchase from a State Purchase Contract if it is deemed to be in the best interest of the City.

2.22 PIGGYBACK PROVISIONS

Under the Florida lnterlocal Cooperation Act of 1969, public agencies may engage in cooperative purchasing agreements and intergovernmental agreements and contracts. Winning Bidder agrees to provide same terms and conditions to other qualified government agencies within the State of Florida.

2.22.1 The submission of any bid in response to this Invitation to Bid constitutes a bid made under the same terms and conditions, for the same contract price, to other governmental agencies within the State of Florida, unless otherwise stipulated by the proposing bidder on the bid sheet.

2.22.2 Each governmental agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials ordered and received by it, and no agency assumes any liability by virtue of this bid.

2.23 MISTAKES

Bidders are expected to examine the specifications, delivery schedules, bid prices, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk.

2.24 CONDITION AND PACKAGING

It is understood and agreed that any item offered or shipped as a result of this bid shall be new and the current production model at the time of this bid, unless otherwise specified. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

2.25 SAFETY STANDARDS

Unless otherwise specified in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements and standards of the Occupational Safety and Health Act.

2.26 MARKING

Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the vendor and must also clearly indicate the City of Fort Walton Beach Purchase Order Number.

2.27 TRADE NAMES

2.27.1 In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the bidder proposes to furnish the item so identified and does not propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the bidder.

2.27.2 The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each bidder clearly states in his bid or proposal exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive matter which will clearly indicate the character of the article covered by his bid.

2.27.3 The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article the bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith.

2.27.4 If no particular brand, model, or make is specified and if no data is required to be submitted with the bid, a bidder may be required to submit working drawings or sufficient detailed descriptive data to enable the City to determine if such specification requirements are met.

2.28 INVOICING AND PAYMENT

The awarded respondent shall be paid upon submission of invoices to: Accounts Payable, City of Fort Walton Beach, 107 Miracle Strip Pkwy SW, Fort Walton Beach, Florida 32548. Invoices are to be billed at the prices stipulated on the purchase order and as outlined in this bid. All invoices must show the City of Fort Walton Beach Purchase Order Number.

2.29 FLORIDA PROMPT PAYMENT ACT (Invoicing & Payment)

Per FS 218.7, for purposes of billing submission and payment procedures, a "proper invoice" by a contractor, vendor, or other invoicing party shall consist of at least all of the following:

2.29.1 Description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them);

2.29.2 Amount due, applicable discount(s), and the terms thereof;

2.29.3 Full name of the vendor, contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different) and a telephone number;

2.29.4 Purchase Order or Contract Number as supplied by the City; and identification by office or department where and to whom the goods were delivered or services provided;

2.29.5 Delivery of Invoice - All invoices shall be sent to the Accounts Payable

Division, City of Fort Walton Beach, 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida, 32548, or emailed directly to AP@fwb.org.

2.29.6 Delivery Acceptance Required - An invoice will not be considered proper unless it is based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City; the vendor, contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them; and if the contract requires any subcontractors or other parties to be bound by similar other "flow-down" requirements are in compliance with those requirements.

2.30 DISPUTE RESOLUTION

In the event a dispute occurs between a contractor, vendor, or other invoicing party ("invoicing party") and the City concerning payment of an invoice, the City department or office which has the dispute along with a representative of the City's Purchasing Division and the invoicing party shall meet to consider the disputed issues.

2.30.1 INVOICE DISPUTE PROCEDURE. If there is a dispute between the City and contractor regarding an invoice, the City or contractor may initiate this invoice dispute procedure.

o Either party can initiate the dispute procedure, within 45 days after the receipt or denial of an invoice, by providing the other party in writing of a dispute and stating the specifics of the dispute. The parties shall exchange all materials and information to support their claims and provide a copy of all materials and information to the Financial Services Director.

o The Financial Services Director shall review all materials and information and conduct a meeting with the contractor and the responsible City office, division, or department. The Financial Services Director shall then issue a written final decision no later than 60 days after the date of notice of the dispute. The final decision shall be immediately mailed or hand-delivered to the contractor.

o If the issue cannot be resolved, then it will be submitted to the City Manager.

Any decision by the City Manager shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision.

2.30.2 DISPUTES OTHER THAN INVOICE ISSUES: In case of any doubt or differences of opinion as to the items to be furnished pursuant to the specifications of this Invitation to Bid, the decision of the City of Fort Walton Beach City Manager shall be final and binding on both parties.

2.31 CONFLICT OF INTEREST

Any award of contract for this Invitation to Bid is subject to Chapter 112, Florida Statutes. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Fort Walton Beach. Further, all bidders must disclose the name of any City of Fort Walton Beach officer, director, or employee who owns, directly or indirectly, an interest of ten percent (10%) or more of the bidder’s firm or any of its branches or who has any contractual relationship or agreement of any kind with the bidder. The bidder warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein.

2.32 INSPECTION, ACCEPTANCE, AND TITLE

Inspection and acceptance will be at destination unless otherwise stipulated by the City. Title and risk of loss or damage to all items shall be the responsibility of the shipper (vendor) until accepted by the using department of the City of Fort Walton Beach, unless loss of damage results from negligence by the City of Fort Walton Beach or its Departments.

2.33 DISPUTES

In case of any doubt or differences of opinion as to the items to be furnished pursuant to the specifications of this Invitation to Bid, the decision of the City of Fort Walton Beach City Manager shall be final and binding on both parties.

2.34 LEGAL REQUIREMENTS

Federal, state, county and local laws, ordinances, rules, and regulations that in any manner affect the item(s) covered in the specifications of this Invitation to Bid shall apply. Lack of knowledge by the bidder will in no way be cause for relief from such responsibility.

2.35 INDEPENDENT CONTRACTOR STATUS; INDEMNITY

Contractor shall indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all claims, damages, losses, and expenses, including reasonable attorney’s fees, to the extent caused by the negligent, reckless, or intentional acts or omissions of the Contractor, its employees, subcontractors, or others acting under its control. This indemnification shall not extend to the City’s sole negligence. Nothing herein shall be construed as a waiver of the City’s sovereign immunity under §768.28, Florida Statutes.

2.36 TIME IS OF THE ESSENCE

It is expressly understood and agreed that time is of the essence in the performance of this Contract. The successful Bidder shall diligently prosecute and complete all required work in strict compliance with the City’s specifications and schedule.

2.37 ASSIGNMENT

The successful Bidder may not assign, transfer, or otherwise dispose any rights or obligations of the Contract without prior written consent of the City.

2.38 TERMINATION FOR CONVENIENCE

The City may terminate for its convenience at any time, in whole, or in part, any proposal award. In the event of termination for convenience, the City’s sole obligations will be to reimburse Bidder for (1) those goods and/or services actually shipped /performed and accepted up to the date of termination, and

(2) costs incurred by the Bidder for unfinished goods, which are specifically manufactured for the City and which are not standard products of the Bidder, as of the date of termination, and a reasonable profit thereon. In no event is the City responsible for loss of anticipated profit nor will reimbursement exceed the proposal value.

2.39 TERMINATION FOR DEFAULT

The City may terminate all or any part of an award resulting from this proposal, by giving notice of default to the Bidder, if the Bidder: (1) refuses or fails to deliver the goods or services within the time specified, (2) fails to comply with any of the provisions of this Proposal or so fails to make progress as to endanger performance hereunder, or, (3) becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the City’s liability will be limited to the payment for goods and/or services delivered and accepted as of the date of termination.

2.40 LIABILITY

The vendor shall hold and save the City of Fort Walton Beach, its officers, agents, and employees harmless from liability of any kind in the performance of or fulfilling the requirements of any purchase order which may result from this bid.

2.41 LOCAL MERCHANT PREFERENCE

Per Section 3.4 of the City’s Administrative Policy No. – FIN-09, the City may give preference to a local vendor whenever two or more bids, proposals, or replies are equal in price, quality and service. In the event of a tie by local vendors, the award may be split when it is in the best interests of the City.

2.42 PROHIBITION OF CERTAIN DOCUMENTS

Per section 287.05701, Florida Statutes, the City will not request documentation of or consider a proposer’s social, political or ideological interests when determining if the proposer is a responsible proposer. The City will not give a preference to a proposer based upon the proposer’s social, political, or ideological interests.

2.43 PUBLIC RECORDS

IF BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO BIDDER’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

CITY CLERK – CITY OF FORT WALTON BEACH

107 MIRACLE STRIP PARKWAY SW

FORT WALTON BEACH, FLORIDA 32548

850-833-9509 clerk@fwb.org

2.43.1 Bidder shall keep and maintain public records required by the City to perform the services contained in this Agreement. Upon request from the City’s custodian of public records, Bidder shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided for in Chapter 119, Florida Statutes or as otherwise provided by law.

2.43.2 Bidder shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term, and following completion of the contract if the Bidder does not transfer the records to the City.

2.43.3 Upon completion of the contract, Bidder shall transfer, at no cost, to the City all public records in possession of the Bidder or keep and maintain public records required by the City to perform the service. If Bidder transfers all public records to the City upon completion of the contract, Bidder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Bidder keeps and maintains public records upon completion of the contract, Bidder shall meet all applicable requirements for retaining public records.

2.43.4 All public records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City.

2.43.5 Failure of Bidder to comply with the City’s request for records or any other provisions contained in this paragraph, shall be deemed a material breach of this contract and the parties agree that the City may seek immediate relief through a court of law as outlined in Section 119.11, Florida Statutes.

2.43.6 If Bidder fails to provide the public records to the City within a reasonable time Bidder may be subject to penalties under Section 119.10, Florida Statutes. If it is found that Bidder has unlawfully refused to comply with a public records request within a reasonable time, and if the Notice requirements of Section 119.0701(4), Florida Statutes have been met, the City will be entitled to recover all reasonable costs and attorneys’ fees for such violation in accordance with Section 119.0701(4), Florida Statutes.

2.44 INCURRED EXPENSES

The City is not responsible for any expenses which proposers may incur in preparing and submitting bids called for in this Invitation to Bid.

2.45 PROPRIETARY INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Bidders should be aware that ITBs and the responses thereto are public records and subject to public inspection. If a bidder believes that any information contained in a bid package is confidential or proprietary and exempt from public disclosure, the bidder shall identify specifically any such information contained in their proposals and cite specifically the applicable exempting law.

2.46 PROPERTY OF THE CITY

All bids received from bidders in response to this ITB will become the property of the City of Fort Walton Beach and will not be returned to the bidder. In the event of contract award, all documentation produced as part of the contract will become the exclusive property of the City.

SECTION 3 - SPECIAL CONDITIONS

The following Special Conditions apply to this solicitation:

3.1 PRE-BID CONFERENCE

A Mandatory pre-bid Meeting will be held on June 23, 2026, at 10:00AM (CST), in the Training Room, City Hall Annex – 105 Miracle Strip Pkwy SW, Fort Walton Beach, FL 32548 followed by Optional Site Visit.

3.2 PERFORMANCE TIME

The Contractor shall provide the required services/products within fourteen (14) calendar days of issuance of Notice to Proceed (NTP) or Purchase Order (PO).

3.3 FAMILIARITY WITH SITE CONDITIONS

The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the bidder's. Submission of a bid shall constitute acknowledgement by the bidder that he is familiar with all such conditions. The failure or neglect of a bidder to familiarize himself with the site of the proposed work shall in no way relieve him from any obligations with respect to his bid.

3.4 RIGHT TO AUDIT RECORDS

The City shall be entitled to audit the books and records of the Contractor or any sub-contractor to the extent that such books and records relate to the performance of the Agreement or any sub-contract to the Agreement. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under the Agreement and by the sub-contractor for a period of three (3) years from the date of final payment under the sub-contract unless a shorter period is otherwise authorized in writing.

3.5 BIDDER QUALIFICATION

Bids will be considered from firms who have adequate personnel and equipment and who are so situated as to perform prompt service, Monday through Friday, except for City holidays. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practice in the industry and as determined by the City.

3.6 FISCAL YEAR FUNDING APPROPRIATION

Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of adequate funds by City Council.

3.7 CANCELLATION DUE TO UNAVAILABILITY OF FUNDS

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled, and the contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not advertised in the price of the supplies or services delivered under the contract or otherwise recoverable.

3.8 LIQUIDATED DAMAGES

Should the Contractor fail to complete requirements set forth in this scope of work, the City will suffer damages. The amount of damage suffered by the City is difficult, if not impossible to determine at this time.

3.8.1 It is hereby understood and agreed by the bidder that time is of the essence in the delivery of supplies, services, materials, or equipment of the character and quality specified in the bid document.

3.8.2 In the event these specified supplies, services, materials, or equipment are not delivered by the date specified, there will be deducted from the total contract price, not as a penalty but as liquidated damages, the sum of $300 per day for each and every calendar day of delay beyond the time specified; except that if the delivery be delayed by any act, negligence, or default on the part of the City, public enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the contractor or its supplier(s), or by riot, sabotage, or labor trouble that results from a cause or causes entirely beyond the control or fault of the contractor or its supplier(s), a reasonable extension of time as the City deems appropriate may be granted.

3.8.3 Upon receipt of a written request and justification for an extension from the contractor, the Purchasing Office may extend the time for performance of the contract or delivery of goods herein specified at the Purchasing Office’s sole discretion for good cause shown.

3.9 INSURANCE

Bidders must be eligible for and provide evidence of insurance coverage showing Bidder as Named Insured, with coverages that equal or exceed the City’s minimum standards for the project. All insurance required must be provided by a company licensed to do business in the State of Florida and with an A.M. best rating of at least A-. Certificate of Insurance showing the City as a Certificate holder must accompany signed contract.

3.9.1 Commercial General Liability

Each occurrence for Bodily Injury/Property Damage $1,000,000 Products/Completed Operations $1,000,000 Annual Aggregate for Bodily Injury/Property Damage $2,000,000 Annual Aggregate for Products Liability/Completed Operations $2,000,000 Fire Legal Liability Coverage $ 300,000

This coverage shall include the following provisions:

The City of Fort Walton Beach shall be an additional insured.

The policy shall not be cancelled unless the City is given at least 30 days notice.

Contractual Liability Any coverages which are eliminated, restricted, or reduced to less than what is commonly provided by standard I.S.O. forms must be indicated.

3.9.2 Commercial Automobile Liability

Combined single limit for bodily injury and/or property damage $1,000,000

This coverage shall include the following provisions:

The City of Fort Walton Beach shall be an additional insured.

The policy shall not be cancelled unless the City is given at least 30 days notice.

Contractual Liability.

Any coverages which are eliminated, restricted or reduced to less than what is commonly provided by standard I.S.O. forms must be indicated.

Symbol "2" (Any Auto) or equivalent, shall be used to designate insured vehicles.

3.9.3 Workers Compensation – to include coverage for any applicable Federal Acts including but not limited to Jones Act and/or United States Longshoreman & Harbor Workers Compensation Act (USLH).

Coverage A In conformity with Florida Statutes Coverage B $1,000,000/$1,000,000/$1,000,000

This coverage shall include a Waiver of Subrogation on Contractor’s Workers’ Compensation insurance policy.

3.9.4 Builders Risk Insurance – Contractor shall purchase and keep in effect Builders “all-risk” extended coverage (including flood and windstorm damage) on a non-reporting completed-value basis with special cause of loss form in an amount based upon complete replacement value of improvements.

Coverages shall include, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

Coverages shall include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects).

Coverages shall include damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier); and shall extend to cover damage or loss to insured property while in transit.

Coverages shall not include a co-insurance clause.

The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible.

The City of Fort Walton Beach shall be named as additional insured on the policy and the City explicitly reserves the right to review said policy upon request.

3.9.5 All liability policies shall be endorsed to name the City of Fort Walton Beach as an additional insured on a primary and non-contributory basis using ISO forms CG 20 10 and CG 20 37 or their equivalents. Contractor shall provide a waiver of subrogation in favor of the City on all applicable policies. Certificates of insurance alone shall not be accepted as proof of required coverage; copies of required endorsements shall be provided upon request.

3.10 SUBCONTRACTOR(S)

Unless otherwise stated in the contract documents or the bidding requirements, the contractor, as soon as practicable after award of the contract, shall furnish in writing to the City the names of persons or entities, including those who are to furnish materials or equipment fabricated to a special design, proposed for each principal portion of the Work. The City will promptly inform the bidder in writing whether it has reasonable objection to any such proposed person or entity.

The City may consider the use of any particular subcontractor when evaluating whether a bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.

3.11 CONSTRUCTION OF SPECIAL CONDITIONS

If any specification or general condition of this Invitation to Bid conflicts with any special condition, the special condition shall have precedence over the general condition.

3.12 VALUE ENGINEERING

It is the intent of the City to award a contract to the lowest responsible bidder provided the bid has been submitted in accordance with the requirements of the bidding documents and does not exceed the funds available. In the event the lowest responsible bid exceeds the City’s established fixed construction cost, the City shall have the right to engage the lowest responsible bidder in value engineering in order to comply with the fixed construction cost. In no instance shall such value engineering exceed ten percent of the base bid or reduce the base bid to an amount less than the fixed construction cost in place at the time of bidding.

3.13 INSPECTION

The City reserves the right to conduct an inspection of the bidder's facility and equipment prior to the award of the contract.

SECTION 4 - ADDITIONAL CONTRACT TERMS:

4.1 INDEPENDENT CONTRACTOR

An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Bidder is an independent contractor under this Agreement and not the City’s employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Bidder shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Bidder’s activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Bidder, which policies of Bidder shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Bidder’s funds provided for herein. The Bidder agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Bidder and the City and the City will not be liable for any obligation incurred by Bidder, including but not limited to unpaid minimum wages and/or overtime premiums.

4.1.1 The City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of the Bidder under the indemnification agreement.