Construction_of_Two_(2)_Cemetery_Columbaria_and_Two_(2)_Granite_Benches.pdf

REQUEST FOR BID

RFB 27-010

CONSTRUCTION OF TWO (2) CEMETERY

COLUMBARIA AND TWO (2) GRANITE BENCHES

City of Clermont

685 W. Montrose Street

Clermont, FL 34711

RELEASE DATE: October 7, 2026

DEADLINE FOR QUESTIONS: October 28, 2026

RESPONSE DEADLINE: November 5, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/clermontfl

City of Clermont

REQUEST FOR BID

Construction of Two (2) Cemetery Columbaria and Two (2)

Granite Benches

I. Introduction II. Bid Procedures

III. Scope of Work IV. Price Schedule V. Terms and Conditions

VI. Submittal Requirements

Attachments:

A - OpenGov Vendor Registration

B - Columbarium

H - Columbarium Drawing

N - Bench

Request For Bid #RFB 27-010 Title: Construction of Two (2) Cemetery Columbaria and Two (2) Granite Benches

1. Introduction

1.1. Summary

The City of Clermont is seeking bids for the construction, furnishing, delivery, and installation of two (2) new gray granite cemetery columbaria and two (2) new gray granite benches at Oak Hill

Cemetery, located at 801 East Avenue, Clermont, Florida. The successful respondent must provide all labor, materials, equipment, and services necessary to complete the work in accordance with the specifications provided herein.

Project Budget: $80,000.

1.2. Contact Information

Jenna Bullard Procurement Coordinator 685 West Montrose Street Clermont, FL 34711 Email: jbullard@clermontfl.org Phone: (352) 394-7354

Department:

Public Services - Public Works mailto:jbullard@clermontfl.org tel:(352)394-7354

2. Bid Procedures

2.1. Definitions

For purposes of this Request for Bid, the following terms apply:

• Bid – The complete submission provided by a Bidder in response to this RFB.

• Bidder – A person, firm, corporation, or other entity submitting a Bid in response to this

RFB.

• City – The City of Clermont, Florida.

• Contract – The agreement resulting from this RFB, including the solicitation, addenda, accepted Bid, and other documents incorporated into the agreement.

• Contractor – The Bidder awarded a Contract by the City.

• Portal – The City’s OpenGov electronic procurement system used for solicitation communications and Bid submission.

• RFB – This Request for Bid, including any addenda issued by the City.

2.2. Electronic Bidding System

The City of Clermont uses OpenGov, an electronic procurement system (“Portal”), to advertise solicitations and provide notifications to registered vendors. Through the Portal, vendors may register, receive notifications of solicitations, addenda, and awards, and submit responses electronically. There is no fee to register for or participate in City solicitations through the Portal.

Vendors may register and access solicitation information at https://procurement.opengov.com/portal/clermontfl.

The City uses NIGP Commodity Codes to identify and notify vendors of solicitations that match the commodity codes selected in their vendor profiles.

2.3. Delivery of Bid

Bids must be submitted electronically through the City’s OpenGov Portal by the date and time specified in this solicitation. Bids will remain sealed and unavailable for review until after the Bid

Deadline. Bidders may modify or withdraw their Bids through the Portal at any time before the

Bid Deadline. All Bids must remain valid for at least ninety (90) calendar days after the Bid

Deadline and will become the property of the City. Bids will not be accepted by email, fax, or any method other than the Portal.

All Bids will be publicly opened electronically through the Portal at the date and time identified in the Timeline section of the #Introduction section.

A. Electronic Bid Submission

1. Bidders are solely responsible for ensuring that their Bid is fully submitted and received through the Portal before the Bid Deadline. The City is not responsible for delays in transmission, internet connectivity, system access, or other circumstances https://procurement.opengov.com/portal/clermontfl/projects/311683/document?section=2968583 that may prevent timely submission. Bidders should allow sufficient time to complete and submit their Bid.

B. Uploading Electronic Documents

1. After selecting the “Draft Response” button in the Portal, the Bidder may enter the required information and upload supporting documents. Once all required information has been completed, the Bidder must submit the Bid through the Portal. Upon successful submission, the Portal will display a date and time stamp and send a confirmation email to the user’s registered email address. Bidders may review, modify, or withdraw their Bid before the Bid Deadline. Bids will remain sealed until after the Bid Deadline.

2.4. Pre-Bid Conference

No pre-bid meeting will be held for this solicitation.

2.5. Questions Deadline

To ensure that all prospective Bidders have a clear and complete understanding of the solicitation requirements, the City of Clermont Procurement Services Department will accept written questions until 12:00 pm on Wednesday, October 28, 2026.

All questions must be submitted through the “Question and Answer” tab in the Portal at https://procurement.opengov.com/portal/clermontfl. Verbal inquiries will not be accepted.

Responses to questions will be posted through the Portal and made available to all prospective

Bidders.

• ALL QUESTIONS MUST BE SUBMITTED BEFORE THE DEADLINE.

• QUESTIONS WILL NOT BE ANSWERED BY TELEPHONE OR FAX.

2.6. Award Criteria

Award will be made to the lowest responsive and responsible Bidder. The City intends to make a single award. In determining whether a Bidder is responsive and responsible, the City may consider price and other factors relevant to the Bidder’s ability to successfully perform the

Contract, including:

A. The Bidder’s ability, capacity, and skill to perform the required work, including performance under prior contracts with the City.

B. The Bidder’s ability to perform the work within the required timeframe without delay or interference.

C. The Bidder’s relevant experience and demonstrated efficiency.

D. The Bidder’s past performance on similar contracts.

2.7. Contract Period

The performance period under the resulting Contract will commence on the date specified in the

Purchase Order or Notice to Proceed, as applicable, and will remain in effect until all commodities, equipment, and/or services have been delivered or completed and accepted by the City’s authorized representative. Any warranty obligations will continue for the applicable expressed or implied warranty period.

Prices submitted in the Bid will remain firm for the duration of the Contract. The Contractor may, however, offer additional discounts to the City at any time during the Contract term.

2.8. Option To Renew

No renewal options are available under this solicitation.

2.9. Insurance Requirements

The selected Bidder(s) must provide proof of insurance with the Bid using a standard ACORD certificate showing coverage in amounts no less than those required below. If an ACORD certificate is not available at the time of Bid submission, the Bidder may provide a signed letter from its insurance agent or carrier, on company letterhead, confirming either that the required coverage is currently in place or that the Bidder is eligible to obtain the required coverage upon award.

Any Contractor performing work on City property or within the public right-of-way must provide the City with a certificate of insurance evidencing all required coverage before commencing work. The Contractor must also provide evidence that any subcontractor performing work under the Contract maintains the same types and amounts of insurance required herein or is covered under the Contractor’s applicable policies. The City may, at its discretion, require certified copies of any insurance policy.

The required types and minimum amounts of insurance are listed below. The City reserves the right to require additional coverage, limits, endorsements, or other insurance provisions based on the nature and scope of the work.

Minimum Insurance Coverage Requirements with Aggregate Limits

• Commercial General Liability o Per Occurrence: $1,000,000 o General Aggregate: $2,000,000 o Products & Completed Operations Aggregate: $2,000,000

Coverage must include:

▪ Premises/Operations

▪ Products and Completed Operations

▪ Contractual Liability

▪ Contractual Indemnity (in accordance with Section 6.35 of the Terms and

Conditions)

• Automobile Liability o Per Occurrence (Combined Single Limit): $1,000,000 o Aggregate: N/A

Must include owned, non-owned, and hired vehicles.

• Workers’ Compensation and Employer’s Liability

As required by Florida Statutes, Chapter 440, including:

o Each Accident: $1,000,000 o Disease – Each Employee: $1,000,000 o Disease – Policy Limit: $1,000,000

• Excess (Umbrella) Liability o Per Occurrence: $1,000,000 o Aggregate: $1,000,000

Must follow form over General Liability, Auto Liability, and Employer’s Liability.

• Professional Liability / Errors & Omissions o Each Claim: $1,000,000 o Aggregate: $2,000,000

Additional Insurance Requirements

• Insurance carriers must be rated at least B+:VI or better by A.M. Best (latest edition) or otherwise approved by the City.

• A minimum of thirty (30) days’ written notice of policy cancellation, non-renewal, or material change is required.

• The City of Clermont must be named as an Additional Insured for General Liability coverage, and this must be explicitly stated on the certificate.

• The certificate must reference RFB 27-010 Construction of Two (2) Cemetery

Columbaria and Two (2) Granite Benches.

• Certificates of insurance must be submitted to:City of Clermont

685 W. Montrose Street

Clermont, FL 34711

2.10. Reservation of Rights to the City

The issuance of this solicitation and the receipt of Bids do not obligate the City to award or enter into a Contract.

The City reserves the right to extend the Bid Deadline, request additional information or clarification from any Bidder, reject any or all Bids, cancel the solicitation or project, and re-advertise when determined to be in the City’s best interest. The City also reserves the right to disqualify any Bidder or Bid that fails to comply with the requirements of this solicitation. By submitting a Bid or any supplemental information, the Bidder acknowledges and accepts the

City’s rights under this section.

2.11. Restriction of Communication

Bidders and persons acting on their behalf may not contact any City employee or Council member regarding this solicitation from the date of issuance through three (3) business days after the City posts its notice of intended award, excluding State and Federal holidays, except through written communication with the Procurement Services Director. Violation of this restriction may result in rejection of the Bid. Bidders are also prohibited from attempting to lobby, influence, or otherwise improperly communicate with individuals involved in the solicitation or award process. Appeal procedures are provided in the Terms and Conditions section of this solicitation.

2.12. Response Expenses

All costs associated with preparing and submitting a Bid are the sole responsibility of the Bidder, including document preparation, travel, and any other expenses incurred in responding to this solicitation.

2.13. Response Information as Public Documents

All materials submitted as part of this solicitation will become the property of the City and may be subject to disclosure under applicable public records laws. Bidders are responsible for clearly identifying any information they believe is confidential, proprietary, or exempt from public disclosure and for providing the legal basis for such designation. The City will not be responsible for determining whether submitted information is exempt from disclosure.

Financial statements will be handled in accordance with Section 119.07(1), Florida Statutes, and other applicable public records laws. By submitting a Bid, the Bidder acknowledges that information submitted to the City may be subject to public inspection and agrees to hold the City harmless for any disclosure made in accordance with applicable law.

2.14. Permits and Regulations

The Bidder is responsible, at its own expense, for obtaining and maintaining all licenses, permits, inspections, and approvals required to perform the work and for complying with all applicable laws, ordinances, regulations, and building code requirements. The Contractor may apply for applicable permits online. Information regarding permit types and fees is available on the City’s website at www.clermontfl.gov under Building Services, including the current Building

Services Fees Schedule.

http://www.clermontfl.gov/

2.15. Approved Product List

The City of Clermont maintains an Approved Products List for certain materials and products used in street, highway, and utility projects. Vendors seeking to review the current list or submit comparable products for consideration in future solicitations may visit the City’s Engineering webpage at https://www.clermontfl.gov/192/Construction.

Requests for consideration of new products will be accepted during the first seven (7) calendar days of October each year. Products approved following evaluation and testing may be added to the Approved Products List for use in future solicitations. All samples submitted for testing must be clearly labeled with the vendor’s name and applicable item number. Unlabeled samples will be considered unidentifiable and will not be eligible for testing.

2.16. Tie Responses

If two or more Bidders are tied, the tie will be resolved using the following criteria, in the order listed, as determined by the Procurement Services Director:

A. Quality of the items or services offered, when such quality can be reasonably determined.

B. Delivery time, when provided in the Bid.

C. Preference for a Bidder with a drug-free workplace program in accordance with Section

287.087, Florida Statutes.

D. Proximity of the Bidder’s business location to Clermont City Hall, located at 685 W.

Montrose Street, Clermont, Florida, as determined by the Procurement Services

Director.

E. If none of the above criteria resolves the tie, the successful Bidder will be determined by coin toss.

2.17. Bid Bond

No Bid Bond is required for this solicitation.

2.18. Performance and Payment Bonds

No Performance or Payment Bonds are required for this solicitation.

2.19. Liquidated Damages

The City and the Contractor acknowledge that time is of the essence and that the City may incur damages if the Work is not completed within the time specified in this solicitation or resulting

Contract. Accordingly, the City may assess Liquidated Damages, and not as a penalty, for each calendar day that Substantial Completion or Final Completion, as applicable, extends beyond the required completion date.

The applicable Liquidated Damages amount is identified in the schedule below.

https://www.clermontfl.gov/192/Construction

The City and the Contractor agree that the stated Liquidated Damages represent a fair and reasonable estimate of the damages the City may incur as a result of delay and are not intended as a penalty. The Contractor waives any claim that the assessment of Liquidated

Damages constitutes a penalty.

The City may deduct assessed Liquidated Damages from amounts otherwise due to the

Contractor.

The Work must achieve Substantial Completion and Final Completion within the timeframes specified in this solicitation, measured from the date established in the Purchase Order or

Notice to Proceed, as applicable. Liquidated Damages may be assessed when the delay in achieving the required completion date is attributable to the Contractor.

If the Contractor fails to achieve Substantial Completion by the required date, Liquidated

Damages will begin thirty (30) calendar days after the applicable Substantial Completion date, as adjusted by any City-approved time extension. Liquidated Damages will continue to accrue for each calendar day of Contractor-caused delay until the applicable completion requirement is achieved.

2.20. Warranty

The Contractor must perform all Work in strict accordance with the Contract Documents and in a safe and careful manner, including compliance with all applicable security requirements for

City facilities. The Contractor warrants that all Work will be free from defects and will conform to the required quality, function, materials, and workmanship. Unless otherwise specified, the warranty period will be no less than one (1) year from the date of Final Acceptance by the City.

The Contractor must promptly correct, at no additional cost to the City, any defects identified during the warranty period. For purposes of this section, “defects” include deficiencies, faults, imperfections, or other conditions in the Work that do not conform to the Contract Documents, as determined by the City. Any manufacturer’s warranty will be in addition to, and will not replace or limit, the Contractor’s warranty obligations under this section. The Contractor must provide the City with all applicable manufacturer warranties, including the applicable parts and labor warranty periods.

2.21. Safety

The Contractor is responsible for the safe conduct of its personnel while performing the Work.

The Contractor must comply with all applicable Occupational Safety and Health Administration

(OSHA) standards and all applicable Federal, State, and local safety requirements. If an unsafe condition is identified, the Contractor must immediately suspend the affected activity until the condition is corrected or a safe method of performing the Work is established.

2.22. Clean Up

The Contractor must keep the work area, including storage areas, clean and free of accumulated waste and debris throughout the performance of the Work. Before Final

Completion, the Contractor must remove all rubbish, tools, scaffolding, equipment, surplus materials, and other items not belonging to the City. Upon completion of the Work, the

Contractor must leave the work area in a clean, neat, and orderly condition satisfactory to the

City.

2.23. Protection of Property

The Contractor must protect all existing structures, utilities, services, roads, sidewalks, trees, landscaping, and other property in which the City has an interest from damage or interruption during performance of the Work. The Contractor will be responsible for repairing or replacing, to the City’s satisfaction, any property damaged as a result of its operations. If the Contractor fails to promptly correct such damage, the City may arrange for the necessary repairs or replacement and charge the associated costs to the Contractor.

2.24. Conditions Affecting The Work Area

The Bidder acknowledges that it has taken all reasonable steps to determine the nature and location of the Work and has investigated and satisfied itself as to the general and local conditions that may affect performance or cost, including:

A. Conditions affecting the transportation, disposal, handling, and storage of materials.

B. The availability of labor, water, electrical power, roads, and other necessary services.

C. Weather conditions and other physical conditions at the site.

D. The configuration and condition of the ground.

E. The type and availability of equipment and facilities required before and during performance of the Work.

Failure by the Bidder to investigate or consider these conditions will not relieve the Contractor of responsibility for properly estimating the difficulty and cost of the Work or entitle the Contractor to additional compensation from the City.

2.25. Progress Payment

The Contractor may submit invoices for payment no more frequently than monthly and only for goods delivered or services completed and accepted by the City. If an invoice includes amounts due to subcontractors or suppliers, the Contractor must submit a Certification of Payments to

Subcontractors and Suppliers with the invoice. The Contractor must pay subcontractors and suppliers within fifteen (15) days after receiving payment from the City for the applicable work or supplies. If any subcontractor or supplier remains unpaid, the certification must include a copy of the notice provided to that party explaining the reason payment has not been made.

The City will pay for goods and services received and accepted in accordance with the Local

Government Prompt Payment Act, Section 218.70, Florida Statutes. Invoices must be submitted to the address specified in the applicable Purchase Order and will be paid after acceptance of the goods or services and receipt of a proper invoice. All invoices must include the applicable Purchase Order number. The City will only pay for goods delivered or services performed during the Contract term, including any authorized extension or continued performance directed by the Procurement Services Director.

2.26. Cemetery Rules and Regulations

These rules and regulations are intended to protect interment rights owners and visitors as a whole. They are not intended to be unnecessarily restrictive, but rather to promote fairness, preserve the dignity of the Cemeteries, and protect their appearance and condition.

These rules and regulations are hereby adopted for the Clermont Municipal Cemeteries. All owners of interment rights, visitors, and contractors performing work within the Cemeteries are subject to these rules and regulations, including any amendments or revisions adopted by the

City of Clermont from time to time.

• All work must cease during funeral services in the immediate area until the service has concluded.

• The City reserves the right to require all persons entering the Cemeteries to obey all rules and regulations adopted by the City. The rules and regulations may be changed by the City Council without notice to any Owner.

• Persons within the Cemetery grounds must use only the avenues, walks, alleys, and roads. Any person who enters other areas, except as necessary to access a burial space, does so at their own risk.

• Automobiles must not be driven through the grounds at a speed greater than fifteen (15) miles per hour and must always be kept on the right side of the Cemetery roadways.

• The City will generally direct all improvements within the grounds and upon all lots and graves before as well as after interments have been made there. The City will have charge of the planting, sodding, surveying, and improvements generally.

• No person will be permitted to use profane or boisterous language or disturb the quiet and good order of the Cemeteries.

• All persons are strictly forbidden to break or injure any tree or shrub, mar any landmark, marker, or memorial, or in any way deface the grounds of the Cemetery.

• All persons are reminded that the grounds are sacredly devoted to the burial of the dead and that the provisions and penalties of the law, as provided by Florida statute, will be strictly enforced in all cases of wanton injury, disturbance, and disregard of the rules.

• All persons are expected to observe the dignity and decorum appropriate to the

Cemetery, whether or not a specific activity is addressed in these rules. Conduct considered disrespectful, disruptive, or otherwise inappropriate will not be permitted.

• No person may touch, move, disturb, or otherwise interfere with any property, memorial, marker, decoration, or other item within the Cemetery that does not belong to them.

• No person, other than a City employee or law enforcement officer acting within the scope of official duties, may carry a firearm within the Cemetery, except for members of a military honor guard participating in an authorized military service.

• Equipment must not be driven over Cemetery spaces that have interments or markers.

3. Scope of Work

3.1. Project Overview

The City of Clermont is accepting bids to furnish and install two (2) new cemetery columbaria and two (2) new granite benches. Respondents must furnish all labor, materials, parts, and equipment necessary to construct two new cemetery columbaria and benches at Oak Hill

Cemetery. The cemetery is located at 801 East Avenue, Clermont, Florida. All materials must be of high quality required to complete the work described herein and to clean up after the work is done. A diagram of the columbaria and related pictures are provided in the attachments.

3.2. Statement of Work

The successful respondent must provide the following:

A. Furnish and install two (2) new preassembled double-sided columbaria with twenty-four

(24) niches per side, for a total of forty-eight (48) niche spaces per columbarium.

B. The columbarium must have gray granite for the interior and exterior.

C. The columbarium exterior must be polished gray granite with a pitched roof and a 4-inch thick granite floor.

D. Columbarium niche size must be 12in. x 12in. x 12in. Twenty-four (24) niches per side.

E. Individual columbarium niche doors must be made of black granite.

F. The unit must be sealed to a concrete base that is formed and poured by the City and it is to match the existing columbaria in the area.

G. Base Measurements: Base must be gray granite 7ft.-4in. x 3ft.-4in. x 8in. thick, sawed top with rock sides.

H. The new columbarium must match the existing columbaria in the area.

I. Furnish and install two (2) polished gray granite benches.

J. Bench Measurements:

1. Top Seat: 48-inches long by 14-inches wide by 4-inches thick.

2. Uprights: 14-inches tall by 13-inches wide by 4-inches thick.

3. Base: 37-inches long by 14-inches wide by 4-inches thick.

K. The new bench must match the existing benches in the area.

L. The successful respondent must provide a sample of the proposed gray granite for City review and approval to ensure it matches the existing columbaria and benches. The granite columbaria and benches must not be ordered or fabricated until written approval is received from the City.

M. The successful respondent must furnish all labor, materials, parts and equipment necessary to complete the installation and must remove all trash and materials after completion.

3.3. Minimum Qualifications

The respondent must meet the following minimum qualifications:

A. Have a minimum of three (3) years of experience furnishing and installing columbaria, mausoleums, granite memorials, monuments, or similar stone structures.

B. Provide at least three (3) similar projects completed within the past five (5) years, including the project name, owner, completion date, and contact information.

C. Provide qualified personnel experienced in the handling, rigging, setting, leveling, and installation of granite or similar heavy stone structures.

D. Possess all licenses, permits, and certifications required to perform the work. Provide all equipment, machinery, rigging, lifting devices, tools, and personnel necessary to safely unload, move, position, set, level, seal, and install the columbaria and granite benches.

3.4. Installation Requirements

The successful respondent must meet the following installation requirements:

A. Provide all equipment, machinery, rigging, lifting devices, tools, and qualified personnel necessary to complete the installation.

B. Safely unload, move, position, set, level, seal, and install the columbaria and granite benches.

C. Ensure all lifting and rigging equipment is appropriately rated for the weight of the materials being handled.

D. Prior to delivery and installation, verify site access and existing site conditions and determine the appropriate equipment and installation methods necessary to safely complete the work.

E. Complete all installation work in accordance with manufacturer requirements and applicable safety standards.

F. The successful respondent will be responsible for any damage to the columbaria, granite benches, cemetery grounds, landscaping, or other City property resulting from delivery or installation activities.

G. Provide a sample of the proposed gray granite for City review and written approval to ensure compatibility with the existing columbaria and granite benches.

H. Complete installation in accordance with manufacturer requirements and applicable safety standards.

I. Be responsible for any damage to the granite, cemetery grounds, landscaping, or other

City property resulting from delivery or installation.

J. Do not order or fabricate the columbaria or granite benches until written approval of the granite sample is received from the City.

4. Price Schedule

The unit prices submitted shall include all labor, materials, equipment, shipping, delivery, fuel costs, installation, and incidentals necessary to complete the work in accordance with the

Technical Specifications.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Double-Sided, 48-Niche Total

Columbarium - Gray Granite

2 EACH

2 Bench to Match Columbarium -

Gray Granite

2 EACH

TOTAL

5. Terms and Conditions

5.1. Modifications / Withdrawals of Submittals

Before the solicitation deadline, a respondent may change their response by withdrawing it, making the necessary updates, and then re-submitting it. Modifications received after the response deadline will not be considered. A solicitation may be withdrawn in the Portal at any time prior to the solicitation deadline. A solicitation may also be withdrawn after the solicitation deadline but before the recommendation of the award by submitting a withdrawal letter to the

Procurement Services Director. The withdrawal letter must be on company letterhead, signed by an authorized agent of the company, and address the reason(s) for the withdrawal after the solicitation deadline. At its sole discretion, the City may accept or deny any modification or withdrawal request.

5.2. Response Postponement / Cancellation / Rejection

The City may, at its sole discretion, reject all, or parts of any, responses; re-advertise this solicitation; postpone or cancel, at any time, this response process; or waive any irregularities in the solicitation or any responses received as a result of this solicitation.

5.3. Change Orders

No oral statement shall modify the Contract Documents. Except in an emergency involving an immediate threat to public health, safety, property, or the environment, the Contractor shall not perform changed or additional work without a written Change Order or written Construction

Change Directive issued by an authorized City representative.

When emergency action is necessary, the Contractor shall immediately notify the City, take only the action reasonably necessary to address the emergency, and document the labor, equipment, materials, and costs incurred. Emergency work shall not entitle the Contractor to additional compensation unless approved by the City in writing.

5.4. Addenda

Any interpretations, corrections, or changes to this solicitation will be made through an addenda.

The sole issuing authority will be vested in the City of Clermont Procurement Services

Department. The addenda will be sent to all who are known to have received a copy of this solicitation. If the addenda contains changes to the specification or solicitation form, prospective respondents must acknowledge receipt of all addenda, or they will be declared non-responsive.

5.5. Order of Precedence

The order of precedence does not expressly include the technical specifications or drawings, even though they contain most of the construction requirements.

Recommended order:

A. Executed Change Orders and written contract modifications;

B. Executed Agreement;

C. Addenda, with the latest addendum controlling;

D. Supplementary or special conditions;

E. Solicitation terms and conditions;

F. Technical specifications;

G. Drawings;

H. Contractor’s bid, but only to the extent accepted by the City and not inconsistent with the foregoing documents.

5.6. Mistakes

Respondents are cautioned to examine all specifications, drawings, delivery instructions, unit prices, extensions, and all other special conditions pertaining to the solicitation. Failure of the respondent to examine all pertinent documents shall not entitle them to any relief from the conditions imposed in the contract. In case of mistakes in extension, the unit price shall govern.

Multiplication or addition errors are deemed clerical errors and shall be corrected by the City.

5.7. Ambiguity, Conflict, or Other Errors

If a bidder responding to this solicitation discovers any ambiguity, conflict, discrepancy, omission, or other error in the solicitation, the bidder must immediately notify the Procurement

Services Director, noted herein, of such error in writing and request modification or clarification of the document. The Procurement Services Director will make modifications by issuing a written revision and will give written notice to all parties who have received a copy of the solicitation.

The bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the solicitation prior to submitting a response or it shall be waived.

5.8. Tie Responses

The award on tie responses will be decided by the Procurement Services Director in accordance with the provisions of the Purchasing Procedures. Please be advised that in accordance with Chapter 287.087, Florida Statutes, regarding tie responses, preference will be given to respondents certifying that they have implemented a drug-free workplace program.

5.9. Payment Terms and Discount

Payment will be made by the City after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. All invoices must have the purchase order and shall be submitted to the department that placed the order. Payment terms will be considered to be Net-30 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified. If a contractor offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of the correct invoice at the office specified.

5.10. Delivery

Delivery time shall be calculated in calendar days from the issuance date of the purchase order.

Unless otherwise stipulated in the contract, the delivery time shall be between 9:00 a.m. and

4:00 p.m. Eastern Standard Time, Monday through Friday except for City Holidays. However, goods required for daily consumption, or where the delivery is an emergency, or is overdue, the convenience of the City shall govern. If, in calculating the number of calendar days from the purchase order date, the delivery falls on a Saturday, Sunday, or City Holiday, delivery shall be made no later than the next business day. Unless otherwise specified in the solicitation, all prices shall be F.O.B. Destination. Freight shall be included in the price. Substitution of shipments of any kind will not be accepted. Respondents are expected to furnish the brand quoted in their response once awarded. Any substitute shipment will be returned at the respondent’s expense.

5.11. Inspection & Acceptance of Title

Inspection and acceptance will be at destination unless otherwise provided in this solicitation.

Title to/or risk of loss, or damage to all items, shall be the responsibility of the successful respondent until accepted by the buyer/department.

5.12. Packaging

Unless otherwise stated in this solicitation, deliveries must consist only of new and unused goods and shall be the current standard production model available at the time of the solicitation deadline. The goods must be suitably packaged for shipment by a common carrier. Each container or multiple units or items shall bear a label, imprint, or other legible markings stating the name of the manufacturer or supplier, purchase order number, and any other markings required by the specifications.

5.13. Samples

Samples or inspections of products, may be requested to determine suitability after the solicitation deadline and should be received within seven (7) working days of request. Samples of items, when required, must be furnished free of expense to the City. Samples, if not destroyed, will be returned upon request at the respondent’s expense. Respondents will be responsible for the removal of all samples furnished within thirty (30) days after solicitation deadline. All samples will be disposed of after thirty (30) days.

5.14. Quality

All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this solicitation shall be new. The items must be new, be the latest model, of the best quality, and highest grade workmanship.

5.15. Non-Conformance

Items may be tested for compliance with specifications. Item delivered, not conforming to specifications may be rejected and returned at the respondent’s expense. These items and items not delivered, as per delivery date in response or purchase order, may be purchased on the open market. Any increase in cost may be charged against the respondent. Any violation may result in the respondent’s name being removed from the vendor registration list and/or departments being advised not to do business with the respondent.

5.16. Taxes

The City of Clermont is exempt from Federal Excise and Florida Sales taxes on the direct purchase of tangible property. The successful respondent shall pay all applicable sales, consumer, land use, or other similar taxes required by law. The respondent is responsible for reviewing the pertinent Florida Statutes involving the sales tax and complying with all requirements.

5.17. Contingency Fees

By submitting a response to this solicitation, the respondent certifies that no contingency fees

(sometimes known as finder’s fee) have been paid to any person or organization other than a bonafide employee working solely for the respondent to secure a contract pursuant to this solicitation. Violation of this policy may result in termination of any resultant contract and/or possible debarment.

5.18. Other Governmental Entities

When there is a sufficient capacity or quantities available, the awarded bidder may provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms, conditions, and prices of the bid and resulting contract. Prices shall be F.O.B.

Destination to the requesting agency. Each governmental entity allowed to use this contract shall do so independent of any other governmental entity.

5.19. Public Records

Any and all materials initially submitted or subsequently submitted as part of this solicitation process shall become the property of the City and shall be treated as City documents subject to typical practice and/or applicable laws for public records. Otherwise, the City will not distinguish or treat any material received as confidential, proprietary, and/or a trade secret, unless specifically designated as such by the respondent. Furthermore, by submitting a response, the respondent agrees to hold the City harmless for any public use or dissemination of all information submitted through this process.

Florida law provides that municipal records shall at all times be open for personal inspection by any person. Respondents are hereby notified that all information submitted as part of a response to this solicitation will be subject to public inspection upon award in compliance with

Chapter 119.01, Florida Statutes. The respondent should not submit any information in response to this solicitation that the respondent considers proprietary or confidential. The submission of any information to the City, in connection with this solicitation, shall be deemed conclusively to be a waiver of any protection from the release of the submitted information unless such information is exempt, or confidential, under Chapter 119.01, Florida Statutes.

5.20. Appeals Procedures

Any prospective respondent may only appeal any determination, decision, or recommendation of the Procurement Services Director, in accordance herewith. All appeals must be in writing and sent via email or delivered in person to the City Manager within three (3) business days of issuance of such determination, decision, or recommendation. The City Manager shall administer the appeal and shall render a decision within seven (7) business days of receiving the appeal. All appeals must set forth specific reasons and facts concerning the dispute. Any appeal based exclusively on disagreement with the technical judgment of evaluators is subject to summary rejection unless there is clear and convincing evidence of arbitrary or capricious action in that regard. In the event of a timely appeal, the City shall not proceed further with the solicitation or with the award of bid/contract unless the City Manager, after consultation with the

Director of the using department(s) or division(s), forwards to the City Council a written request to award the bid/contract without delay in order to protect the public health, safety or general welfare and City Council approves the said request.

5.21. Rules, Regulations, Licensing Requirements

Respondents are expected to be familiar with and comply with all Federal, State, and local laws, ordinances, codes, and regulations that may in any way affect the services offered. Ignorance on the part of the respondent will in no way relieve it from responsibility for compliance.

5.22. Default

Failure or refusal of a respondent to execute a contract upon the award by the City Council, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where the surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the respondent from the City’s vendor list.

5.23. Conflict of Interest

No contract will be awarded to a respondent who has city officials, officers, or employees affiliated with it, unless the respondent has fully complied with current Florida Statutes and City

Ordinances related to this issue. All respondents must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City. Further, all respondents must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the respondent or any of its affiliates. Failure to disclose any such affiliation will result in disqualification of the response and prohibition of engaging in any future business with the City.

5.24. Responsibility

Before submitting a response to this solicitation, each prospective respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful respondent from any obligation to comply with every detail, provision, and requirement of the solicitation and resulting contract documents. In addition, failure to make such investigations and examinations will not be accepted as a basis for any claims whatsoever, or any monetary consideration on the part of the respondent.

5.25. Relation of City

It is the intent of the parties hereto that the successful respondent is legally considered to be an independent Contractor and that neither the respondent nor the respondent’s employees and agents shall, under any circumstances, be considered employees or agents of the City.

5.26. Prime Contractor

The respondent awarded a contract shall act as the prime contractor for all required items and services and shall assume all responsibility for the procurement of such items or services. The contractor shall be considered the sole point of charge and meet all requirements of this solicitation. All subcontractors will be subject to advance review by the City in regards to competency and security concerns. After the award of the contract, no change in subcontractors will be made without the consent of the City. The contractor shall be responsible for all insurance, permits, licenses, and related matters for any and all subcontractors. Even if the subcontractor is self-insured, the City may require the contractor to provide any insurance certificates required by the work to be performed.

5.27. Collusion

Where two (2) or more related parties each submit a response for the same solicitation, such response will be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control, and management of such related parties in preparing and submitting such responses. Related parties will mean the respondents or the principals thereof who have a direct or indirect ownership interest in another respondent for the same contract or in which a parent company or the principals thereof of one

(1) respondent have a direct or indirect ownership interest in another respondent for the same solicitation. Furthermore, any prior understanding, agreement, or connection between two (2) or more corporations, firms, or persons submitting a response for the same materials, supplies, services, or equipment will also be presumed to be collusive. Responses found to be collusive will be rejected. Respondents who have been found to have engaged in collusion may be considered non-responsive and may be suspended or debarred. Any contract resulting from collusion will be terminated for default.

5.28. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes 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, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017 of the Florida Statutes, for

CATEGORY TWO ($25,000.00) for thirty-six (36) months from the date of being placed on the convicted vendor list. By submitting a response to this solicitation, the respondent certifies that it is eligible for an award under this solicitation pursuant to Chapter 287.132 and 287.133 Florida

Statutes.

5.29. Assignment and Subcontracting

The Contractor shall not assign, transfer, convey, or otherwise dispose of the Contract or any material right or obligation under the Contract without the City’s prior written approval. The

Contractor may enter into subcontracts consistent with the subcontractor information submitted with its bid. The Contractor shall not replace an identified major subcontractor without the City’s prior written approval.

5.30. Indemnification

The successful respondent shall indemnify and hold harmless the City and its officers and employees from liabilities, damages, losses, and costs, including but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the respondent and other persons employed or utilized by the respondent, in the performance of the Agreement.

5.31. Termination for Default

If through any cause, the successful respondent fails to fulfill in a timely manner or otherwise violates any of the covenants, agreements, or stipulations material to the contract, the City shall have the right to terminate the services remaining to be performed by giving written notice to the successful respondent of such termination. Termination for default shall become effective upon the date specified in the written notice. In that event, the City shall compensate the successful respondent in accordance with the contract for all services performed by the respondent prior to the termination date, net of any costs incurred by the City as a consequence of the default. The successful respondent shall not be relieved of liability to the City for damages sustained by the

City by breach of contract by the respondent. The City may reasonably withhold payments to the successful respondent for the purposes of set off until such time as the exact amount of damages due the City from the successful respondent is determined.

5.32. Termination for Convenience

The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to the successful respondent of such termination, which shall become effective thirty (30) days following receipt by the respondent of such notice.

In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the agreement is terminated by the City as provided in this section, the

City shall compensate the successful respondent in accordance with the agreement for all services actually performed by the successful respondent and reasonable direct costs of the successful respondent for assembling and delivering to City all documents. No compensation shall be due to the successful respondent for any profits that the successful respondent expected to earn on the balance of the agreement. Such payments shall be the total extent of the City's liability to the successful respondent upon termination as provided for in this section.

5.33. Termination for Unappropriated Funds

The obligation of the City for payment to a contractor is limited to the availability of funds appropriated in a current fiscal period. Continuation of the contract into a subsequent fiscal period is subject to appropriation of funds unless otherwise authorized by law.

5.34. Force Majeure

The parties will exercise every reasonable effort to meet their respective obligations hereunder, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any Government law or regulation, acts of nature, acts or omissions of the other party, Government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems, and/or any other cause whatsoever beyond the reasonable control of…