27-B-872 Solicitation.pdf
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- Attached to
- Community Center Concrete Resealing
- Solicitation number
- 145130
- Issued by
- Pinellas County, Florida
About this file
Community Center Concrete Resealing ITB Summary
This Invitation to Bid (ITB) solicitation is issued by the City of Largo, Florida, through the Office of Performance and Budget for exterior concrete resealing and related surface preparation work at the Community Center located at 400 Alt Keene Road, Largo, Florida. The project encompasses recaulking and resealing the exterior of the 30,159-square-foot concrete building using specified Sherwin-Williams products or approved equivalents, including LX51H0010 Loxon H1 sealant and LX31T0840 silane water repellant. An alternate bid is also requested that includes exterior finishes for metal beams, metal soffits, and doors and frames using specified primers and semi-gloss urethane finishes. Surface preparation must include removal of all cracked or damaged sealant and adherence to manufacturer specifications. Bids were due September 7, 2026, at 11:00 a.m. local time, submitted electronically through DemandStar. City Commission award approval was scheduled for October 6, 2026. The contract term remains effective until work is completed to the City's satisfaction. Bidders were required to provide references for three commercial projects of similar size and comply with all submission requirements including proposer information forms, reference information, insurance requirements, debarment certification, anti-human trafficking affidavits, and local preference forms.
Bidders must submit firm pricing for a minimum of ninety days from the bid opening date, with all costs inclusive of materials, labor, and special equipment. The City is exempt from local, state, and federal taxes except excise taxes on lubricants and batteries. Insurance requirements include Commercial General Liability with minimum limits of $2,000,000 general aggregate and $1,000,000 per occurrence, Automobile Liability of $1,000,000, and Workers' Compensation statutory limits with the City named as additional insured. Payments are made no more frequently than monthly and no less frequently than quarterly for completed work, in accordance with the Florida Prompt Payment Act. The City reserves the right to accept or reject any or all bids, award on a split-order, lump-sum, or individual-item basis, and terminate the contract with thirty days' written notice. All work must comply with applicable City, County, State, and Federal safety regulations and laws. Questions regarding the solicitation were due by August 24, 2026, directed to Mecca Serfustini, Contracts and Procurement Manager.
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ITB 27-B-872 1
LARGO, FLORIDA
INVITATION TO BID
Solicitation #27-B-872 Date: August 17, 2026
Competitive sealed bids will be received electronically through DemandStar by the City of Largo Office of Performance and Budget, located at Largo City Hall, 440 West Bay Drive, Largo, Florida 33770, until:
September 7, 2026
11:00 a.m., local time For
Community Center Concrete Resealing
Said bids should conform to the minimum requirements outlined in the Invitation to Bid (ITB). The City reserves the right to reject any and all offers and to waive minor informalities.
Respondents must submit their response to this ITB by electronic submission through the free on-line services of PlanetBids. All documents and attachments must be uploaded by the date and time indicated. Respondents who are e-bidding for the first time are strongly encouraged to contact PlanetBids at 818-992-1771. Solicitation responses uploaded to PlanetBids after the solicitation response due date and time shall not be considered. It is the sole responsibility of the respondent to ensure that its solicitation response is uploaded and submitted before such date and time. The City of Largo is not responsible for delays caused by power outages or internet failures. No exceptions will be made.
Any questions regarding any portion of this ITB shall be directed to Mecca Serfustini, Contracts and Procurement Manager, at mserfustini@largo.com and MUST contain the solicitation number in the email subject line. Deadline for questions end of business August 24, 2026. The opening will be held at the date and time listed above at the municipal building, Horizon West Bay, located at 440 West Bay Drive, Largo, FL.
BY ORDER OF THE CITY COMMISSION OF LARGO, FLORIDA ,
Mecca Serfustini, Contracts & Procurement Manager Office of Performance and Budget mailto:mserfustini@largo.com
ITB 27-B-872 2
Table of Contents
SUPPLIMENTARY PROVISIONS
Problem Statement Scope of Work Minimum Qualifications Submission of Bid Timeline of Events Period of Contract
GENERAL PROVISIONS
Definitions (as used herein) Preparation of Bids Submission and Receipt of Bids Acceptance of Offer Award Discrepancies, Errors, and Omissions Firm Price Payment Fiscal Non-Funding Clause Estimated Quantities Brand Names Variations of Specifications Material Quality Acceptance of Material Timely Delivery Conflict of Interest Public Entity Crime Options Subcontracting Taxes Manufacturer's Certification Default of Contract Modification for Changes Examination of Records Safety Clause
ITB 27-B-872 3
Hold Harmless Qualification of Bidders Disqualification of Bidders Licenses and Permits Applicable Law and Venue Provisions for Other Agencies Public Records Responsibilities Attorney Fees
EXHIBITS
Proposer information Form ……………….………………………………………………A Reference Information Form ………………….………………………………………....B Insurance Requirements Checklist ………….…………………………………...……..C Debarment Suspesion Form……………………………………………………………...D Sample Service Agreement .………………………………………………………..…… E Anti-Human Trafficking Affidavit ………………………………………………………… F Local Preference Form ………………………………………………………….………..G Bid Form…….…………………..……………...….……………………………………… H Specifications .………………………………………………………………………….… I
ITB 27-B-872 4
PART I
SUPPLIMENTARY PROVISIONS
FOR
Community Center Concrete Resealing
ITB 27-B-872
Problem Statement The City of Largo’s Community Center is a 30,159 square foot concrete building located at 400 Alt Keene Road, Largo, FL 33771. The building is in need of recaulking and resealing.
Scope of Work This project consists of surface preparation, as well as the purchase and application of all materials. The Base Bid includes the re-caulking and resealing of the exterior of the building. Bids shall be based on the Sherwin-Williams products below, or an equivalent.
Equivalent must be approved by the City prior to contract award. The City is also seeking an alternate bid that also includes the exterior finishes listed below. Surface preparation shall include the removal of all cracked or damaged sealant, and all steps identified by the manufacturer. All products must be applied as advised by the manufacturer (Exhibit J).
Building
• Sealant: LX51H0010 Loxon H1 One Component Low Modules Hybrid Sealant
• Water Repellant: LX31T0840 40% Silane Water Repellant
Exterior Finishes
• Metal Beams o Primer: B66W01310 Pro Industrial Pro Cryl Universal Acrylic Primer o Spot Prime Rusted Areas: B50WZ0111 Pro Industrial™ Kem Kromik®
Universal Metal Primer o Finish: B53W05151 Pro Industrial™ Waterbased Alkyd Urethane Semi-
Gloss
• Metal Soffits o Primer: B66W01310 Pro Industrial™ Pro-Cryl® Universal Acrylic Primer o Spot Prime Rusted Areas: B50WZ0111 Pro Industrial™ Kem Kromik®
Universal Metal Primer o Finish: B53W05151 Pro Industrial™ Waterbased Alkyd Urethane Semi-
Gloss
• Doors and Frames:
o Primer: B66W01310 Pro Industrial™ Pro-Cryl® Universal Acrylic Primer o Spot Prime Rusted Spots: B50WZ0111 Pro Industrial™ Kem Kromik®
Universal Metal Primer o Finish: B53W05151 Pro Industrial™ Waterbased Alkyd Urethane Semi-
Gloss
ITB 27-B-872 5
Work Area The selected contractor is expected to maintain a safe and clean work environment.
When work is completed, the permanent fixtures and landscaping shall be in the same condition they were in when work started, within reasonable control.
Minimum Qualifications To be considered for award of this contract, the contractor must:
• provide references for three commercial projects of similar size.
Submission of Bid Bids shall be submitted in the below format.
Section A – Qualifications and Project Management Use the form provided in Exhibit A of the ITB.
Section B – Proposer Information Form Use the form provided in Exhibit B of the ITB.
Section C – Reference Information Form Use the form provided in Exhibit C of the ITB.
Section D – Insurance Requirements Checklist Use the form provided in Exhibit D of the ITB.
Section E - Debarment Suspension Form Use the form provided in Exhibit F of the ITB.
Section F – Anti Human Trafficking Affidavit Use the form provided in Exhibit G of the ITB.
Section G – Local Preference Form Use the form provided in Exhibit H of the ITB.
Section H – Bid Form Use the form provided in Exhibit I of the ITB Timeline of Events Dates are tentative and subject to change at the City’s sole discretion.
TASK DATE
Release of ITB August 14, 2026 Deadline for Questions August 24, 2026 Bids Due 11:00AM local time at 440 West Bay Drive
September 7, 2026
City Commission Award Approval October 6, 2026 Period of Contract Contract shall remain effective until the work is completed to the City’s satisfaction.
ITB 27-B-872 6
PART II
GENERAL PROVISIONS
FOR
Community Center Concrete Resealing
ITB 27-B-872
Definitions (as used herein)
a. The term "Invitation to Bid" means a solicitation of formal sealed bids.
b. The acronym "ITB" means Invitation To Bid.
c. The term "Bid" means the offer as a price by the bidder.
d. The term "Bidder" means the one making an offer.
e. The term "Change Order" means a written order signed by the Office of
Performance & Budget or authorized representative directing the Bidder to make changes to a contract or purchase order resulting from the ITB.
f. The term "City" means the City of Largo, Florida.
g. The term "City Commission" means the governing body of the City of Largo.
Preparation of Bids
a. Bidders are expected to examine the minimum requirements and all special and general conditions. Omission on the part of the proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract document, will not be accepted as a basis for varying the requirements of the City or the compensation to the Bidder. Failure to do so is at the Bidders's risk.
b. The apparent silence of any supplemental minimum requirements as to any details or the omission from it of a detailed description concerning any point will be regarded as meaning that only the best commercial practices are to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be made upon the basis of this statement.
c. Bids shall be submitted on the Bid Form furnished with the ITB; other forms may be rejected.
d. Bidders must submit their response to this ITB by electronic submission through the free on-line services of DemandStar. All documents and attachments must be uploaded by the date and time indicated. Bidders who are e-bidding for the first time are strongly encouraged to contact DemandStar at Support@demandstar.com. Solicitation responses uploaded to DemandStar after the solicitation response due date and time shall not be considered. It is the sole responsibility of the Bidder to ensure that its solicitation response is uploaded and submitted before such date and time.
The City of Largo is not responsible for delays caused by power outages or internet failures. No exceptions will be made.
e. The Bidder should retain a copy of all documents for future reference.
ITB 27-B-872 7
f. All Bids must include a signed Proposer Information Form with the firm name and by an officer or employee having authority to bind the firm by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the proposal. Use Sunbiz website screen shot or include a copy of Corporate Resolution.
g. Unit price for each unit offered shall be shown, and such price shall include packing and shipping unless otherwise specified. A total shall be entered in the "Total" column for each item offered. In case of discrepancy between the unit price and extended price, the unit price will be presumed correct. You may offer a lump sum, not to exceed cost to include all items listed on the Bid Form found in Exhibit I.
Submission and Receipt of Bids
a. Bids must be received at or before the specified time of opening as designated in the ITB. Bidders are welcome to attend bid opening; however, no award of bid will be made at this time. A bid tabulation will be furnished in accordance with Florida Statute 119.071(2).
b. Proposals shall be submitted electronically through the on-line services of DemandStar.
c. Late proposals will be rejected.
d. Debarment Form must be completed and attached to proposal.
e. Foreign Countries of Concern Affidavit must be completed and attached to proposal.
Acceptance of Offer The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order, Blanket Purchase Order, or other contractual document.
Award The contract or purchase order shall be awarded by appropriate written notice to the qualified, responsible, and responsive bidder whose bid best meets the requirements and criteria set forth in the ITB and as follows:
a. The ability, capacity and skill of bidder to perform the contract or provide the service required.
b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.
c. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
d. The quality of performance of previous contracts or services.
e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services.
ITB 27-B-872 8
f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
g. The quality, availability and adaptability of the supplies or contractual services to the particular use required.
h. The ability of the bidder to provide future maintenance and service.
i. The number and scope of conditions attached to the bid.
j. The City reserves the right to accept or reject any or all bids or part of bids, to waive irregularities and technicalities, and to request re-bids on the material described in the IFB. The City also reserves the right to award the contract on such material as the City deems will best serve its interests.
k. The City reserves the right to award the contract on a split-order basis, lump-sum or individual-item basis, or such combination as shall best serve the interest of the City unless otherwise specified.
l. The City reserves the right to terminate the contract with thirty (30) days written notice of intent.
Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in the ITB or addenda (if any) should be reported in writing to the City's Contracts & Procurement Manager. Should it be found necessary, a written addendum will be incorporated in the ITB and will become part of the Contract Documents. The City will not be responsible for any oral instructions, clarifications, or other communications.
Firm Price The bidder warrants that prices, terms and conditions quoted in his bid will be firm for acceptance for a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the ITB. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed over a period of time.
Payment Billing to the City will be no more frequently than monthly and no less frequently than quarterly for the portion of work completed.
Fiscal Non-Funding Clause In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty or expense to the City.
Estimated Quantities Whenever a bid requests prices to be firm for the period of performance, the quantities or usages shown are estimated only with no guarantee made by the City that these quantities shall be purchased. The quantities shown are for the bidders' information only, and the City shall be bound only for actual quantities ordered.
ITB 27-B-872 9
Brand Names If in the specifications brand names, make, name of any manufacturer, trade name, or vendor catalog number is specified, it is for the purpose of establishing a grade or quality of material only. When the City does not wish to rule out other competitors' brands or makes, the phrase OR EQUAL is added. However, if a product other than the specified is bid, it is the bidder's responsibility to identify such product in his bid and he must prove to the City that said product is equal to or better than the product specified. Unless otherwise specified, evidence in the form of samples may be requested if the brand being bid is other than specified by the City. Such samples are to be furnished after the date of bid opening only upon request of the City. If samples should be requested, such samples must be received by the City no later than four days after a formal request is made.
Variations of Specifications For purposes of bid evaluation, the bidder must indicate any variances from our specifications and/or conditions, no matter how slight. Any deviation from specifications must be explained in complete detail, including any drawings, engineering explanations and effect upon the costs. If variations are not stated in the bid, it will be assumed that the product or service fully complies with the City's specifications.
Material Quality All materials used in the manufacture or construction of supplies, materials or equipment purchased and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four (24) hours at no charge to the City.
Acceptance of Material The material delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made, and thereafter is accepted to the satisfaction of the City. In the event the material and/or services supplied to the City is found to be defective or does not conform to specification, the City reserves the right to cancel the order upon written notice to the bidder and return product to bidder at the bidder's expense. The City reserves the right to request that the bidder(s) provide a demonstration unit and/or presentation prior to award.
Timely Delivery Time will be of the essence for any orders placed as a result of this bid. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on the bid form.
Conflict of Interest Bidder acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112, Florida Statutes or Chapter 2, City of Largo Code of Ordinances, including but not limited to the prohibition against gratuities and kickbacks
ITB 27-B-872 10
in Section 2-279, City of Largo Code of Ordinances.
The bidder certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City of Largo, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in this proposal. Financial interest includes ownership of more than five percent of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the proposal or of any subcontractor or supplier thereof providing goods or services in excess of ten percent of the total proposal amount.
Additionally, the bidder, on company letterhead, must divulge at the time of proposal submittal, any relative, other than those already specified, of an elected /appointed official or employee of the City of Largo who has a financial interest, as defined herein, in providing the goods or services specified in the proposal. The City, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the proposal.
Public Entity Crime A person or affiliate who has been placed on the convicted vendor 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
Options When the City requests bids with options regarding the extent of services to be provided, the City requests all proposers to provide a cost breakdown for each option proposed. Although all options may be purchased, some may not. The City reserves the right to decide, at its discretion, which options shall be purchased. The City reserves the right to engage more than one bidder if it is believed that different bidders might best serve the City's interests in performing different segments of the work.
Subcontracting Where proposers do not have the "in-house" capability to perform work desired, or to provide a product as specified, in the Bid, subcontracting may be permitted with prior knowledge and approval of the City. The City must be assured and agree that any proposed subcontractor(s) can perform the work or provide the product at the desired quality and in a timely manner. Therefore, the name of any intended subcontractor(s) should be identified in the bid.
Taxes The City of Largo is exempt from local, state, federal or transportation taxes, except excise tax on lubricants and batteries in accordance with Chapter 88-393, Laws of Florida, effective October 1, 1988. Exemption certificates will be provided upon
ITB 27-B-872 11
request.
Manufacturer's Certification The City reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid. Failure to provide such certification may result in rejection of bid or default termination of contract for which the bidder must bear full liability.
Default of Contract In case of default by the bidder or contractor, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby.
Modification for Changes No agreement or understanding to modify this ITB and resultant purchase orders or contract shall be binding upon the City unless made in writing by the Office of Performance and Budget.
Examination of Records The bidder shall keep adequate records and supporting documentation applicable to the subject matter of this ITB to include, but not be limited to, records of costs, time worked, working paper and/or accumulations of data, and criteria or standards by which findings or data are measured. Said records and documentation shall be retained by the proposer for a minimum of one year from the date the contract is completed and accepted by the City. If any litigation, is started before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit findings, involving the records have been resolved, unless otherwise instructed by the City. Should any questions arise concerning this contract, the City and its authorized agents shall have the right to review, inspect, and copy all such records and documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at City expense. Proposers shall be authorized to retain microfilm copies in lieu of original records if they so desire.
Any subcontractor(s) employed by a proposer who is subject to these requirements and the proposer is required to so notify any such subcontractor(s).
Safety Clause Any and all work originated from this bid must comply with all applicable safety laws based on any City, County, State and/or Federal regulations.
Hold Harmless The parties recognize that the Bidder is an independent contractor. The Bidder agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney’s fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, arising out of the execution, performance, ITB 27-B-872 12 nonperformance, or enforcement of the terms and conditions of this Agreement and Invitation for Bid, whether or not due to or caused by the negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys excluding only the sole negligence of the City, its commissioners, mayor, officers, employees, agents, and attorneys. The Bidder's liability hereunder shall include all attorney’s fees and costs incurred by the City in the enforcement of this indemnification provision. This includes claims made by the employees of the Bidder against the City and the Bidder hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement.
Qualification of Bidders A bidder may be required, before the award of any contract, to show to the complete satisfaction of the City that they have the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within the time specified.
Disqualification of Bidders Any or all proposals will be rejected if there is any reason for believing that collusion exists among the bidders, and participants in such collusion will not be considered in future proposals for the same work.
Licenses and Permits The Bidder shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as required by the State of Florida, or by the City of Largo.
The Bidder must fully comply with all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work.
Applicable Law and Venue This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Sixth Judicial Circuit Court in and for Pinellas County, Florida for any state court action arising out of this Agreement, and exclusively in the United States District Court for the Middle District of Florida, Tampa Division, for any federal court action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, (I) any claim that is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action or proceeding by any party hereto is brought in an inconvenient form or that venue of such suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts.
Provisions for Other Agencies
ITB 27-B-872 13
Unless otherwise stipulated by the bidder, the bidder agrees to make available to the Government agencies, departments, and municipalities the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under the proposal.
Public Records Responsibilities Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Proposer on behalf of the City, Proposer shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required by the City to perform the work contemplated by this Agreement; (b) upon request from the City’s custodian of public records, provide the City with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise provided by law; (c) 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 term of this Agreement and following completion or termination of this Agreement, if Proposer does not transfer the records to the City in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the City, in its sole and absolute discretion, requests that all Public Records in possession of Proposer be transferred to the City, Proposer shall transfer, at no cost, to the City, all Public Records in possession of Proposer within thirty (30) days of such request or (ii) if no such request is made by the City, Proposer shall keep and maintain the Public Records required by the City to perform the work contemplated by this Agreement. If Proposer transfers all Public Records to the City pursuant to (d)(i) above, Proposer shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the City and provide the City with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If Proposer keeps and maintains Public Records pursuant to (d)(ii) above, Proposer shall meet all applicable requirements for retaining Public Records. 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 of the City. If Proposer does not comply with a Public Records request or does not comply with a Public Records request within a reasonable amount of time, the City may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The provisions of this section only apply to those tasks in which Proposer is acting on behalf of the City.
Proposals received in response to this Request for Proposals are exempt from disclosure under the Public Records Law until such time as an award decision has been made known or until thirty days after the Proposal opening, whichever occurs earlier. Each proposer shall clearly mark each page of its proposal that contains trade secrets or other information which the proposer believes is exempt from disclosure pursuant to Article I, Section 24 of the Florida Constitution and Chapters 119 and 286, Florida Statutes (commonly referred to as the “Sunshine Laws”). Disclosure of information marked according to the requirements of this section in response to a public records request will be determined by the City in its sole and absolute discretion and in accordance with the Florida laws, rules, and regulations. If there is no information
ITB 27-B-872 14
marked as exempt by the proposer, the City will assume that the proposer does not claim that any portion of its proposal is exempt from disclosure under the Sunshine Laws.
IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: Telephone number: (727) 587-6710 ext. 7003 E-mail address: dbruner@largo.com Mailing address: City of Largo, Attn: City Clerk, P.O. Box 296, Largo, Florida 33779- Attorney Fees In the event of legal action or other proceeding arising under this Contract, the prevailing party shall be entitled to recover from the adverse party all its reasonable attorneys’ fees and costs incurred by the prevailing party in the prosecution or defense of such action, or in any post-judgment or collection proceedings and whether incurred before suit, at the trial level or at the appellate level. This shall include any bankruptcy proceedings. The prevailing party also shall be entitled to recover any reasonable attorneys’ fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining the amount of attorneys’ fees and costs due to the prevailing party. The reasonable costs to which the prevailing party will be entitled include costs that are taxable under any applicable statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees, travel expenses, court reporter fees and mediator fees, regardless of whether such costs are taxable under any applicable statue, rule or guideline.
ITB 27-B-872 15
EXHIBITS
FOR
Community Center Concrete Resealing
ITB 27-B-872
Company Name: _____________________________________________________________________
Tax Identification Number (SSN or EIN): ___________________________________________________
Company Address: ____________________________________________________________________
Purchase Order Address: _______________________________________________________________
Company Website: ____________________________________________________________________
Company Contact #1 (Principle or Director)
Name: _______________________________________________________________________
Email : _______________________________________________________________________
Phone Number: _______________________________________________________________
Company Contact #2 (Project Manager, if different than above)
Name: _______________________________________________________________________
Email : _______________________________________________________________________
Phone Number: _______________________________________________________________
Signature: ____________________________ Date: ____________________________
Proposer Information Form
This form must be signed by the Principal or Director as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Other forms of signature authority will be considered.
ITB EXHIBIT A
Reference Information Form
Organization Name: ______________________________________________________________
Organization Address: ____________________________________________________________
City: _________________________________________ State: ____________ Zip: ____________
Contact Person Name: ____________________________________________________________
Contact Person Phone Number: _____________________________________________________
Project Name: ___________________________________________________________________
Project Cost: ___________________________________ Date Performed: ___________________
Organization Name: ______________________________________________________________
Organization Address: ____________________________________________________________
City: _________________________________________ State: ____________ Zip: ____________
Contact Person Name: ____________________________________________________________
Contact Person Phone Number: _____________________________________________________
Project Name: ___________________________________________________________________
Project Cost: ___________________________________ Date Performed: ___________________
Organization Name: ______________________________________________________________
Organization Address: ____________________________________________________________
City: _________________________________________ State: ____________ Zip: ____________
Contact Person Name: ____________________________________________________________
Contact Person Phone Number: _____________________________________________________
Project Name: ___________________________________________________________________
Project Cost: ___________________________________ Date Performed: ___________________
Representative Signature: ________________________________ Date: _______________________
Representative Name & Title (typed or printed): ____________________________________________
ITB EXHIBIT B
Insurance Requirements Checklist
Items marked "X" must be provided A complete copy of this form with original signature must accompany RFP
X General Liability Minimum Limits Required x Commercial General Liability $ 2,000,000 General Aggregate x Occurrence Form $ 1,000,000 Product/Completed Operations Agg.
$ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence
X Automobile Liability Owned, Hired & Non-Owned $ 1,000,000 Combined Single Limit per Occurrence
X Worker's Compensation Statutory and Employer's Liability $ 100,000 Each Accident
$ 500,000 Disease - Policy Limit $ 100,000 Disease - Each employee
Professional Liability - Errors & Omissions (*To be completed by Proposer)
* Deductible: $ $ Aggregate
* Claims Made (Y/N): $ Each Claim
* Occurrence (Y/N):
* Defense included in Limits (Y/N):
Builder's Risk/Installation Floater (* To be completed by Proposer)
* Flood Included $ Limit $ 100% of Completed or
* Transportation Included $ Limit Installed Value All-Risk Form
* Storage Included $ Limit City Must Be A Named Insured. Copy of Policy Will Be Required.
Other
X The Certificate of Insurance must show “The City of Largo, its elected officials and employees” as an additional insured. The Certificate shall bear the requisite endorsements providing that the City is an additional insured and providing for waiver of subrogation by the Proposer/Subcontractor when applicable.
X Proposer/Subcontractor shall provide immediate notice of any Proposer/Subcontractor initiated cancellation, non-renewal or adverse change to the policies required to be obtained or maintained pursuant to this RFP.
Proposer/Subcontractor shall immediately forward to the City any notice it receives of cancellation, non-renewal or adverse change to any policy that is initiated by a policy provider(s).
X Certificates must identify proposal number and proposal title.
X Subcontractors must carry same Insurance limits.
X Insurance Carrier should be A rated.
X The City reserves the right to request any additional information it deems necessary, and at a frequency it deems necessary, to confirm the requisite insurance remains in effect, at the required levels, for the duration of any contractual agreement entered into pursuant to this RFP and/or any Purchase Order issued in accordance with this RFP.
Statement of Proposer:
We understand the requirements requested and agree to comply fully.
Proposer (Authorized Signature): ________________________________ Date: ___________________
Representative Name & Title (typed or printed): ____________________________________________
ITB EXHIBIT C
Debarment, Suspension Vendor Responsibility Certification
The Proposer certifies that the Proposer and any person associated with the Proposer in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of public funds:
(a.) is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from government transactions by any federal, state, or local governmental entity;
(b.) has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c.) is not presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated this certification; or
(d.) has not within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default.
By executing this Agreement and each and every renewal hereof (if renewal is separately provided for herein), pursuant to section 287.135, Florida Statutes, Contractor certifies, represents, and warrants that:
(a.) it is not on the Scrutinized Companies with Activities in Sudan List, (b.) it is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, (c.) it is not on the Scrutinized Companies with Activities in Iran Terrorism Sectors List, (d.) that it does not have Business operations or is engaged in business in Cuba or Syria, and (e.) that it is not engaged or engaging in a Boycott of Israel, and that all such certifications were true at the time it submitted its bid or proposal for this Agreement, as of the Effective Date of this Agreement, and as of the effective date of any renewal of this Agreement.
The Proposer certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor about which any of the foregoing paragraphs are not true.
Notwithstanding anything contained in this Agreement to the contrary, the City of Largo may terminate this Agreement immediately for cause if:
1) Contractor is found to have submitted a false certification regarding (a) – (d) above in accordance with section 287.135(5), Florida Statutes,
2) Contractor is found to have 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 is or has been engaged in Business operations in Cuba or Syria or a Boycott of Israel, or
3) Contractor is found to have been placed on a list created pursuant to section 215.473, Florida Statutes, relating to scrutinized active business operations in Iran.
Such termination shall be in addition to any and all remedies available to the City of Largo at law or in equity. The terms “Boycott of Israel” and “Business operations” used in this section are defined as in Section 287.135, Florida Statutes. The Lists referred to in this section are those Lists in and maintained pursuant to section 287.135, Florida Statutes.
Proposer (Authorized Signature): ________________________________ Date: ___________________
Representative Name & Title (typed or printed): ____________________________________________
ITB EXHIBIT D
SERVICES AGREEMENT
THIS SERVICES AGREEMENT (“Agreement”) is made as of this __ day of ______, 20_ (“Effective Date”), by and between _____________, a ___________ (“Contractor”), with its principal address at _____________, and the CITY OF LARGO, FLORIDA, a municipal corporation (“the City”), whose address is 201 Highland Avenue, Largo, FL 33770 (collectively, “the Parties”).
RECITALS
WHEREAS, the City requested proposals pursuant to RFP # ______(“RFP”) for _____________________ services; and
WHEREAS, Contractor timely submitted an offer in response to the RFP (“Contractor’s Proposal”); and
WHEREAS, based upon the City’s assessment of Contractor’s Proposal and the proposals of other proposers, the City selected Contractor to provide the Services as defined herein; and
WHEREAS, the Contractor represents that it has the experience, expertise and capacity to perform the Services in accordance with the City’s needs and schedule and as set forth in the RFP.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. RECITALS. The above recitals are true and correct and incorporated herein by reference.
2. DEFINITIONS. All terms not defined herein, shall have the meaning set forth in the RFP.
3. CONTRACT DOCUMENTS. The “Contract Documents” shall mean and refer to this Agreement, including all exhibits attached hereto, the RFP, including all exhibits attached thereto, including any and all duly executed and issued addenda, and Contractor’s Proposal.
All of the foregoing are incorporated herein by reference and are made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities or conflicts between this Agreement, with the Exhibits, and the RFP or Contractor’s Proposal, this Agreement takes precedence over the RFP and the Contractor’s Proposal and any inconsistency between the Contract Documents will further be resolved in the following order:
1. RFP
2. Contractor’s Proposal
4. SERVICES
A. Services. Contractor shall furnish to the City the scope or work described in the RFP (the “Services”) in accordance with this Agreement, the RFP and Contractor’s Proposal. It is the sole responsibility of the Contractor to read the scope of work and any specifications and understand them.
SAMPLE
ITB EXHIBIT E
B. Services Requiring Prior Approval. Contractor shall not commence work on any Services requiring prior written authorization as set forth in the RFP without approval from the City.
C. Additional Services. From the Effective Date and for the duration of this Agreement, the City may elect to have Contractor perform services that are not specifically described in the RFP but are related to the Services (“Additional Services”). In such event, Contractor shall perform such Additional Services for the compensation as determined by mutual written agreement of both Parties.
D. De-scoping of Services. The City reserves the right, in its sole discretion, to de-scope Services upon written notification to the Contractor. Upon issuance and receipt of the notification, the Contractor and the City shall enter into a written amendment reducing the Contractor’s compensation for the impacted Services by a sum equal to the amount associated with the de-scoped Services, if applicable, or as determined by mutual written consent of both Parties based upon the scope of work performed prior to issuance of notification.
5. EFFECTIVE DATE AND TERM OF AGREEMENT. This Agreement shall become effective and commence on the Effective Date and shall remain in effect until the Services are completed to the City’s satisfaction, unless terminated earlier pursuant to the terms of the Contract Documents.
6. TERMS OF PERFORMANCE
A. Representatives. Prior to the start of any work under this Agreement, Consultant shall designate a primary and alternate representative, who will have management responsibility for the Services and who have authority to act on technical matters and resolve problems with the Services and the Contract Documents, to the City in writing. Such designation shall include the contact information (including phone numbers) of Consultant’s representatives.
B. Non-exclusive Contract. The City specifically reserves the right to contract with other entities for the services described in the Contract Documents or for similar services if it deems, in its sole discretion, such action to be in the City’s best interest.
C. Status Reports. Contractor shall submit monthly written status reports to the City outlining the status of the Contractor’s work on the Services throughout the term of this Agreement. Each status report shall be a concise narrative description of activities to date and planned activities until the next status report. A final report, one (1) original and two copies, shall be submitted by Contractor to the City, along with all deliverables. If a monthly schedule submitted by the Contractor includes changes affecting the achievement of deliverables based on circumstances the Contractor believes to be a delay caused by the City, the Contractor should clearly identify those changes.
SAMPLE
D. Reviews. Throughout this Agreement, Contractor shall allow representatives of the City to visit the offices and other places of Contractor’s work periodically without prior notice to monitor Contractor’s work completed or progress.
E. Contractor Responsibility. Contractor shall provide services of first quality, and the workmanship must be in accordance with customary standards of the various trades and professionals involved in the Services. The Services and the work associated therewith shall be high-quality in all respects. No advantage will be taken by Contractor in the omission of any part or detail of the Services. Contractor hereby assumes responsibility for all work, materials, equipment, and processes used in the Services, whether the same is manufactured by Contractor; performed by a subcontractor, or purchased readymade from a source outside Contractor’s company.
F. Compliance with Laws. Contractor shall comply with all federal, state, county, and local laws, rules and/or regulations, and lawful orders of public authorities including those set forth in this Agreement and that, in any manner, could bear on the provision of the Services under the Contract Documents. Omission of any applicable laws, ordinances, rules, regulations, standards or orders by the City in the Contract Documents shall be construed as an oversight and shall not relieve Contractor of its obligations to comply with such laws fully and completely. Upon request, Contractor shall furnish to the City certificates of compliance with all such laws, orders and regulations. Contractor shall be responsible for obtaining all necessary permits and licenses required for performance under the Contract Documents.
7. COMPENSATION
A. In consideration of Contractor’s faithful performance of the Services in accordance with the Contract Documents, the City agrees to pay Contractor pursuant to the prices and hourly rates as set forth in Contractor’s Proposal. However, all payments to Contractor individually and in the aggregate shall not exceed the maximum price set forth in the Total Contract Price, as provided in the City’s contract award, as further defined in the RFP. Payment shall be made only for work, which is actually performed and approved by the City. Contractor shall submit invoices to the City no later than the fifteenth (15th) day of the month immediately following the month in which the Services are completed. The City will make payment in accordance with the Florida Prompt Payment Act, Section 218.72, et. seq., Florida Statutes.
B. All invoices shall be submitted in accordance with the Florida Prompt Payment Act, Section 218.72, et. seq., Florida Statutes, with all details prescribed by the City in the RFP, and delivered to the following address:
City of Largo, Florida Attention:_____________
SAMPLE
201 N. Highland Ave.
Largo, FL 33770
C. In the event of a disputed invoice, only that portion so contested will be withheld from payment and the undisputed portion will be paid.
8. TERMINATION
A. The City may terminate this Agreement with cause at any time immediately upon written notice to Contractor, if: (a) Contractor fails to fulfill or abide by any of the terms or conditions specified in the Contract Documents; (b) Contractor fails to perform in the manner called for in this Agreement; or (c) Contractor does not provide services in accordance with the requirements of the specifications or scope of work in the Contract Documents. In its sole discretion, the City may allow Contractor an appropriately short period of time in which to cure a defect in performance or non-performance. In such case, the City’s written notice of termination to Contractor shall state the time period in which cure is permitted and other appropriate conditions, if applicable.
B. The City may terminate the Agreement, without…
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