Continuing_Services_for_Sidewalk__Driveway__and_Concrete_Improvements_(Addendum__1_Revision).pdf

REQUEST FOR BID

RFB 26-081

CONTINUING SERVICES FOR SIDEWALK, DRIVEWAY,

AND CONCRETE IMPROVEMENTS

City of Clermont

685 W. Montrose Street

Clermont, FL 34711

RELEASE DATE: April 28, 2026

DEADLINE FOR QUESTIONS: May 27, 2026

RESPONSE DEADLINE: June 4, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Clermont

REQUEST FOR BID

Continuing Services for Sidewalk, Driveway, and Concrete

Improvements

I. Introduction II. Response Procedures

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

VI. Submittal Requirements

Attachments:

A - OpenGov Vendor Registration

Request For Bid #RFB 26-081 Title: Continuing Services for Sidewalk, Driveway, and Concrete Improvements

1. Introduction

1.1. Summary

The City of Clermont is seeking bids from qualified contractors to provide continuing, as-needed concrete construction, repair, replacement, and restoration services for sidewalks, driveways, curbs, curb ramps, and related concrete improvements at various locations throughout the City.

The resulting contract will be for an initial one-year term with four additional one-year renewal options and may be awarded to multiple vendors to support timely response and operational flexibility . Work will be performed on an as-needed basis through individual work orders and may include repair, replacement, restoration, and new construction of sidewalks and related concrete improvements. Each individual work order, task order, or project issued under the resulting contract shall not exceed $49,999. The selected contractor(s) shall be responsible for furnishing all labor, materials, equipment, tools, supervision, traffic control, demolition, disposal, excavation, grading, forming, reinforcement, concrete placement, finishing, curing, restoration, and all related incidentals necessary to complete the work in accordance with City requirements.

1.2. Contact Information

Freddy Suarez Procurement Services Director 685 W. Montrose Street Clermont, FL 34711 Email: fsuarez@clermontfl.org Phone: (352) 241-7350

Department:

Procurement Services

1.3. Timeline

The following dates are set forth for information and planning purposes; however, the City reserves the right to change the dates as needed. Respondents are advised to closely monitor any potential date changes through the City’s Portal at https://procurement.opengov.com/portal/clermontfl . (Please note that there is no charge or fee for respondents to register and utilize the Portal).

Solicitation Issued Date April 28, 2026

Newspaper Advertisement April 28, 2026

Question Deadline May 27, 2026, 3:00pm mailto:fsuarez@clermontfl.org tel:(352)241-7350

Response Deadline June 4, 2026, 2:00pm

Bid Opening

Zoom Meeting Information https://us06web.zoom.us/j/86221438465?pwd=

NGM1mV4aVJJsmXHFFbmceZsOU6qab1.1

Meeting ID: 862 2143 8465 Passcode: 868480

One tap mobile +13052241968,,86221438465#,,,,*868480#

US

+13017158592,,86221438465#,,,,*868480#

US (Washington DC)

Dial by your location

• +1 305 224 1968 US

• +1 301 715 8592 US (Washington DC)

• +1 309 205 3325 US

• +1 312 626 6799 US (Chicago)

• +1 646 558 8656 US (New York)

• +1 646 931 3860 US

• +1 360 209 5623 US

• +1 386 347 5053 US

• +1 507 473 4847 US

• +1 564 217 2000 US

• +1 669 444 9171 US

• +1 689 278 1000 US

• +1 719 359 4580 US

• +1 720 707 2699 US (Denver)

• +1 253 205 0468 US

• +1 253 215 8782 US (Tacoma)

• +1 346 248 7799 US (Houston)

Meeting ID: 862 2143 8465 Passcode: 868480

Find your local number:

https://us06web.zoom.us/u/kej9Nwvgk https://us06web.zoom.us/j/86221438465?pwd=NGM1mV4aVJJsmXHFFbmceZsOU6qab1.1 https://us06web.zoom.us/j/86221438465?pwd=NGM1mV4aVJJsmXHFFbmceZsOU6qab1.1 https://us06web.zoom.us/u/kej9Nwvgk

2. Response Procedures

2.1. Electronic Bidding System

The City of Clermont uses OpenGov (“Software Administrator”), an e-procurement system

(“Portal”) that provides bid notification services to interested vendors. The Portal allows vendors to register online and receive notification of new solicitations, addenda, and awards. There is no charge to vendors/contractors to register and participate in the solicitation, nor will any fees be charged to the awarded vendor. Vendors with internet access should review the registration options at the following website: https://procurement.opengov.com/portal/clermontfl.

The City of Clermont uses the NIGP Commodity Codes to notify vendors whenever projects are issued, including category codes that match those added to the vendor profile.

2.2. Delivery of Bid

Bids must be submitted electronically by uploading documents to the OpenGov Clermont Portal, which will be sealed until the due date and time indicated in the solicitation. The respondent may withdraw responses submitted early before the solicitation deadline. All responses must remain valid for at least ninety (90) calendar days and will remain the property of the City.

Responses to this solicitation will not be accepted by fax or email.

All bids will be publicly opened electronically in the OpenGov Clermont Portal and read at the location stated in the Timeline of the #Introduction section.

A. Electronic Responses

1. Electronic responses will be received through the Portal and remain unopened until the response due date has passed, as indicated in this solicitation. It is the sole responsibility of the respondent that the response is submitted and received before the due date and time as specified in this document. The City of Clermont is not responsible for delays in transmittal or delays caused by any other occurrence.

Please allow time to complete the response and upload documents to the Portal.

B. Uploading Electronic Documents

1. Once the “Draft Response” button has been selected in the Portal, a screen will allow the vendor to enter their response information. Once all information is completed, proceed to Submit the response. A confirmation with a submittal date and time stamp will appear, and a confirmation email will also be sent to the user’s email address.

Vendors can review/update their submittals before the due date and time of response. The offer will remain sealed and cannot be viewed by anyone until after the response due date and time.

2.3. Pre-Bid Conference

There will not be a pre-bid meeting for this project.

https://procurement.opengov.com/portal/clermontfl/projects/255817/document?section=2448083

2.4. Questions Deadline

To ensure that all prospective respondents have accurately and completely understood the requirements of this solicitation, the City of Clermont Procurement Services Department will accept written questions up until 3:00 pm on Wednesday, May 27, 2026. Verbal inquiries will not be accepted, and potential respondents are instructed only to seek additional information or clarification or to communicate in writing with the Procurement Services Director.

The City of Clermont requires all questions relating to this solicitation to be entered through the

"Question and Answer" tab on the Portal. Responses to questions will be provided online at https://procurement.opengov.com/portal/clermontfl .

• ALL QUESTIONS MUST BE SUBMITTED PRIOR TO THE DEADLINE.

• QUESTIONS WILL NOT BE ANSWERED VIA TELEPHONE OR FAX.

2.5. Award Criteria

Award shall be made to the responsive and responsible bidder(s) submitting the lowest bid prices for the items specified in this solicitation, as determined to be in the best interest of the

City. The City reserves the right to make multiple awards under this solicitation.

In determining whether a bidder is responsive and responsible, the City may consider factors including, but not limited to:

A. The bidder’s ability, capacity, and skill to perform the work;

B. The bidder’s experience performing similar work;

C. The bidder’s record of performance on previous contracts;

D. The bidder’s ability to provide the required labor, equipment, supervision, and traffic control;

E. The bidder’s ability to perform the work in a timely and satisfactory manner;

F. The completeness of the bidder’s submittal and compliance with the solicitation requirements; and

G. Any other information the City deems relevant in determining the bidder’s responsibility.

The City reserves the right to reject any and all bids, waive minor irregularities, and accept the bid or bids deemed to be in the best interest of the City.

2.6. Contract Period

This contract will commence on the first calendar day of the month succeeding approval of the contract by the City Council or designee, unless otherwise stipulated in the Notice of Award

Letter distributed by the City's Procurement Services Department, and will be contingent upon the completion and submittal of all required pre-award documents. The initial contract term shall remain in effect for twelve (12) months, and then the contract will remain in effect until the completion of the expressed and/or implied warranty period. The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere in this document.

Estimated quantities, if stated, are for respondent guidance only, and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based on previous needs. Said estimated quantities may be used by the City for the purpose of evaluating the low response meeting the specifications.

2.7. Option To Renew

Prior to, or upon completion, of the initial term of this contract, the City shall have the option to renew this contract for four (4) additional twelve (12) month period(s). Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the U.S. Bureau of Labor Statistics, Producer Price Index (PPI) for the most recent twelve

(12) month period (see http://www.bls.gov/ppi/ppi_dr.htm Current Edition). It is the contractor’s responsibility to request any price adjustment under this provision in writing. The contractor’s written request for adjustment should be submitted sixty (60) days prior to the anniversary date of the contract. The contractor adjustment request must clearly substantiate the requested increase. The written request for adjustment should not exceed the relevant price index change.

If no adjustment request is received from the contractor, the City will assume that the contractor has agreed that the optional term may be exercised without price adjustment. Any adjustment request received after the commencement of a new option period shall not be considered.

The City reserves the right to reject any written price adjustments submitted by the contractor and/or not to exercise any otherwise available option period based on such price adjustments.

Continuation of the contract beyond the initial period, and any option subsequently exercised, are City prerogatives and not rights of the contractor. This prerogative will be exercised only when such continuation is clearly in the City's best interest.

2.8. Insurance Requirements

The selected respondent(s) must provide proof of insurance when responding to this solicitation using a standard ACORD form, showing no less than the amounts indicated below. If an

ACORD form cannot be provided, a signed letter from the insurance company agency, on its letterhead, must be provided stating current insurance as described below, or stating that the agency can receive the required insurance coverage.

All suppliers performing work on City property or public right-of-way must provide the City with a certificate of insurance evidencing the coverage and coverage provisions identified herein.

Respondents must provide the City with evidence that all subcontractors performing work on the project have the same types and amounts of coverage as required herein or that the subcontractors are included under the contractor’s policy. The City, at its own discretion, may require a certified copy of the policy.

The types and amounts of insurance required are listed below. The City reserves the right to amend or require additional types and amounts of coverage or provisions depending on the nature of the work.

Minimum Insurance Coverage Requirements with Aggregate Limits

• Commercial General Liability o Per Occurrence: $500,000 o General Aggregate: $1,000,000 o Products & Completed Operations Aggregate: $1,000,000

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): $500,000 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: $100,000 o Disease – Each Employee: $100,000 o Disease – Policy Limit: $500,000

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 the solicitation number and title. RFB 26-081, Continuing

Services for Sidewalk, Driveway, and Concrete Improvements

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

685 W. Montrose Street

Clermont, FL 34711

2.9. Reservation of Rights to the City

The issuance of this solicitation and the acceptance of responses do not constitute an agreement by the City that it will enter into a contract with a respondent for this project.

The City reserves the right to extend the response due date, request additional information from any respondents, reject all responses, cancel the project, and/or re-advertise the solicitation.

The City reserves the right to disqualify any respondent at the sole discretion of the City.

By submitting a response and subsequent information, the respondents waive the right to object to the exercise of the City’s right to disqualify a respondent and/or a response, either now or in the future.

2.10. Restriction of Communication

Respondents to this solicitation or persons acting on their behalf may not contact, between the issued date of this solicitation and within three (3) business days following the agency posting the notice of intended award, excluding State and Federal holidays, any employee or council members concerning any aspect of this solicitation, except in writing to the Procurement

Services Director. Violation of this provision may be grounds for rejecting a response. In addition, respondents are strongly cautioned that inappropriate efforts to lobby or influence individuals or organizations involved in this selection process may result in dismissal from further consideration. The appeals procedures are in this solicitation's Terms and Conditions

Section.

2.11. Response Expenses

All costs associated with preparing this response will be the sole responsibility of the respondent, including but not limited to document preparation and any and all travel expenses.

2.12. Response Information as Public Documents

All materials initially submitted or subsequently submitted as part of this solicitation process will become the property of the City and will 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. Financial statements will not become subject to public record as per Section 119.07(1) Florida Statutes. 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.

2.13. Permits and Regulations

The respondent shall obtain, at its expense, all licenses, permits, and inspections required for this project, and shall comply with all applicable laws, ordinances, regulations, and building code requirements. The successful respondent may apply for permits online. For permit types and fees, visit the City website www.clermontfl.gov, select Building Services, and download the most recent Building Services Fees Schedule.

http://www.clermontfl.gov/

2.14. Tie Responses

Should there be a tie between one or more respondents, the tie may be broken, and the successful respondent selected by the following criteria presented in order of importance, as determined by the Procurement Services Director, shall be awarded the contract or purchase:

A. Quality of the items or services provided if such quality or service is ascertainable.

B. Delivery time, if provided in the response by the respondents.

C. Preference of businesses with drug-free workplace programs as defined in Section

287.087, Florida Statutes.

D. The respondent is closest to the City of Clermont City Hall, located at 685 Montrose

Street, as determined by the Procurement Services Director.

E. If items 1-4 are not applicable, the tiebreaker will be decided by flipping a coin.

2.15. Bid Bond

A Bid Bond is not applicable to this solicitation.

2.16. Performance and Payment Bonds

Performance & Payment Bonds are not applicable to this solicitation.

2.17. Liquidated Damages

Liquidated damages are not applicable to this solicitation.

2.18. Warranty

The successful respondent warrants that all work shall be free from defects in workmanship and materials and shall conform to the solicitation requirements, applicable codes, and approved specifications. The warranty period shall be one (1) year from final acceptance of each individual work order, task order, or project by the City. During the warranty period, the contractor shall, at no cost to the City, promptly correct defective work upon notice from the City.

Manufacturer warranties, where applicable, shall be in addition to this warranty and shall be provided to the City.

2.19. Safety

The successful respondent is responsible for the safe conduct of their personnel during the execution of the work detailed herein. The successful respondent must meet or exceed the standards set by the Occupational Safety and Health Administration (OSHA) and requirements established by the Federal, State, and Local agencies. Should an unsafe condition be identified during the execution of this work, the successful respondent will immediately suspend such activity until a safe method can be employed.

2.20. Clean Up

The successful respondent must always keep the work area, including storage areas, free from accumulating waste materials. Before completing the work, the contractor must remove from the premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the City. Upon completing the work, the respondent must leave the work area in a clean, neat, and orderly condition satisfactory to the City.

2.21. Protection of Property

All existing structures, utilities, services, roads, sidewalks, trees, shrubbery, and property in which the City has an interest must be protected against damage or interrupted services at all times by the successful respondent during the term of the work. The successful respondent will be held responsible for repairing or replacing the property, which was damaged by the respondent’s operation on the property, to the satisfaction of the City. In the event the successful respondent fails to comply with these requirements, the City reserves the right to secure the required services and charge the costs of such services back to the successful respondent.

2.22. Conditions Affecting The Work Area

The respondent acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work and that it has investigated and satisfied itself as to the general and local conditions that can affect the work or its cost, including but not limited to the following:

A. Conditions bearing upon transportation, disposal, handling, and storage of materials;

B. The availability of labor, water, electric power, and roads;

C. Uncertainties of weather or similar physical conditions at the site;

D. The conformation and conditions of the ground, and

E. The character of equipment and facilities needed prior to and during work performance.

Any failure of the respondent to take the actions described and acknowledged in this paragraph will not relieve the successful respondent from responsibility for estimating properly the difficulty and cost of successfully performing the work or for proceeding to perform the work without additional expense to the City successfully.

2.23. Acceptance and Final Payment

The successful respondent may submit invoices for payment no more often than on a monthly basis but only after the goods or services for which the invoices are submitted have been delivered or completed. If subcontractor or supplier fees or costs are included in the invoice to the City, the successful respondent must submit a Certification of Payments to Subcontractors and Suppliers with each such invoice to the City. The successful respondent must pay subcontractors and suppliers within fifteen (15) days following receipt of payment from the City for such subcontracted work or supplies. The certification will be accompanied by a copy of the notification sent to each unpaid subcontractor listed on the form, if any, explaining the good cause of why payment has not been made to that subcontractor.

The City will pay for all goods and services received and accepted by the City in accordance with the Local Government Prompt Payment Act, Section 218.70, Florida Statutes. All applications for payment will be submitted to the address indicated in the purchase order. The

City will pay the successful respondent after acceptance and receipt of a proper invoice. All invoices must have the purchase order number. The City will only accept and pay for goods delivered or services performed by the successful respondent within the contract period, including any extensions or continued performance as directed by the Procurement Services

Director.

2.24. Work Order Performance

Each work order issued under the resulting contract shall state the required completion time or response time, if applicable. Failure to meet the required schedule may constitute default under the resulting contract and may be grounds for reassignment of the work, withholding of future work orders, or termination in accordance with the Terms and Conditions.

2.25. Multiple Award Administration

If multiple contracts are awarded, the City may assign work based on availability, responsiveness, geographic area, workload, specialty, past performance, or any other method determined by the City to be in its best interest. No minimum amount of work is guaranteed to any awarded respondent.

3. Scope of Work

3.1. Scope of Services

The City of Clermont seeks qualified contractors to furnish all labor, supervision, materials, equipment, tools, traffic control, saw cutting, demolition, hauling, disposal, excavation, grading, forming, reinforcing, concrete placement, finishing, curing, restoration, and incidentals necessary to perform sidewalk, curb ramp, apron, driveway, curb, gutter, and related concrete construction, repair, replacement, and restoration work at various locations throughout the City on an as-needed basis.

Work under the resulting contract may include the repair, replacement, restoration, and new construction of sidewalks, driveway aprons, curb ramps, curbs, valley gutters, and related concrete improvements. Work may involve the replacement of existing facilities, the extension of existing pedestrian facilities, gap connections, or the installation of new sidewalk segments where directed by the City. Each individual work order, task order, or project issued under the resulting contract shall not exceed $49,999.

The work may include, but is not limited to:

1. Removal and lawful disposal of damaged or non-compliant concrete sidewalks, driveway aprons, curb ramps, valley gutters, curbs, and related appurtenances.

2. Excavation, grading, proofing, compaction, and subgrade preparation necessary to support new or replacement concrete improvements.

3. Furnishing and installing Portland cement concrete for new and replacement sidewalks, driveway aprons, curb ramps, valley gutters, curbs, and other flatwork, including reinforcement where specified.

4. Furnishing and installing detectable warning surfaces at ADA curb ramps where required.

5. Saw cutting and removal of existing concrete, asphalt, sod, roots, or minor obstructions necessary to complete the work.

6. Fine grading and restoration of disturbed areas, including sod, topsoil, asphalt tie-ins, and adjacent surface restoration.

7. Maintenance of pedestrian and vehicular access, temporary barricades, MOT/traffic control, and site safety in accordance with applicable MUTCD and FDOT requirements.

8. Compliance with all applicable federal, state, county, and local laws, codes, ADA requirements, FDOT standards where applicable, and City of Clermont specifications.

9. Coordination with the City’s project representative for field layout, limits of work, inspection, scheduling, and acceptance.

10. Emergency or priority response work when requested by the City.

11. Warranty of workmanship and materials for the minimum period stated in the solicitation.

12. Submission of daily work records, delivery tickets, material certifications, and pay documentation as required by the City.

3.2. Minimum Qualifications

A. Relevant Experience:

Respondent must have at least three (3) years of experience performing sidewalk, driveway, curb, curb ramp, or similar concrete construction, repair, and replacement work.

B. Similar Projects Completed:

Respondent must have successfully completed at least three (3) similar projects or term contracts within the last five (5) years involving concrete flatwork construction, repair, replacement, or restoration.

C. Licensing:

Respondent must hold all applicable State of Florida and local licenses required to perform the work at the time of bid submission and throughout the contract term. Your draft already requires contractor licenses to be submitted.

D. Insurance:

Respondent must provide proof of insurance or evidence of insurability meeting the solicitation requirements. Your draft already requires this.

E. Ability to Perform As-Needed Work:

Respondent must demonstrate the ability to provide labor, equipment, supervision, and traffic control necessary to perform multiple as-needed work orders within the City.

F. References / Past Performance:

Respondent must provide references for similar work and demonstrate satisfactory past performance on comparable projects or continuing service contracts. Your draft already includes a Work References form.

3.3. Contractor Responsibilities

A. Obtain and pay for all permits required for its work unless otherwise stated by the City.

B. Protect existing utilities and call for locates before excavation.

C. Keep job sites clean and safe.

D. Replace work that fails inspection or does not meet line, grade, finish, thickness, or strength requirements.

E. Provide enough crews and equipment to support multiple work orders if needed.

3.4. City Responsibilities

A. Identify locations and issue work orders or task authorizations.

B. Establish quantities for payment.

C. Inspect and accept completed work.

D. Pay based on actual field-measured quantities of accepted work.

3.5. Renewal Pricing Adjustment

Prices for each renewal term may be adjusted once annually, upward or downward, based on the percentage change in the published index identified in the solicitation, using the index value in the stated base month versus the index value in the comparison month immediately preceding renewal. Any adjustment shall apply only to the renewal term and shall not exceed the stated cap unless approved by the City through formal contract amendment.

3.6. Project Cap

No individual work order, task order, or project issued under the resulting contract shall exceed

$49,999.

The City reserves the right to separately solicit any project that exceeds $49,999 or is otherwise determined by the City to be more appropriately procured through a separate competitive solicitation.

3.7. No Bid Splitting

The resulting contract shall not be used to divide or segment a larger project for the purpose of avoiding applicable procurement requirements, approval thresholds, or a separate competitive solicitation. In determining the appropriate procurement method, the total anticipated cost of the purchase shall be considered.

4. Price Schedule

Bidders shall provide a unit price for each item listed below. Unit prices shall include all labor, materials, equipment, tools, supervision, overhead, profit, mobilization, traffic control, disposal, excavation, grading, forming, reinforcement, finishing, curing, restoration, incidentals, and all other costs necessary to furnish and complete the work, unless a separate pay item is specifically provided in this Price Schedule.

The City will issue work on an as-needed basis under the resulting contract. Payment shall be made only for the actual quantities of work performed and accepted by the City at the unit prices bid. Estimated quantities, if any, are for evaluation purposes only and do not guarantee any minimum or maximum amount of work.

LS = Lump Sum | LF = Linear Feet | SY = Square Yard | EA = Each | SF = Square Feet | HR =

Hour | CY = Cubic Yard

Line Item Description Unit of

Measure Unit Cost No Bid

1 Mobilization (per work order, if authorized by the City)

EA

2 Maintenance of Traffic / Pedestrian

Control (Per Day)

EA

3 Remove existing concrete sidewalk SF

4 Remove existing concrete driveway / apron

SY

5 4-inch concrete sidewalk replacement

SF

6 6-inch concrete sidewalk replacement

SF

7 4-inch new concrete sidewalk construction

SF

8 6-inch new concrete sidewalk construction

SF

9 Clearing / grubbing or minor site preparation for new sidewalk areas

SY

10 6-inch concrete driveway apron replacement

SY

Line Item Description Unit of

Measure Unit Cost No Bid

11 8-inch concrete driveway apron replacement

SY

12 ADA curb ramp, complete EA

13 Detectable warning surface SF

14 Valley gutter replacement SY

15 Curb and gutter replacement LF

16 Saw cutting concrete LF

17 Saw cutting asphalt LF

18 Subgrade preparation / compaction SY

19 Extra excavation / unsuitable material removal

CY

20 Stabilized subbase or limerock base, if directed

CY

21 Sod restoration SY

22 Asphalt tie in / patch SY

23 Root pruning / minor root removal LF

24 Mailbox, sign, or minor appurtenance reset

EA

25 Emergency response premium work, after hours if authorized

HR

26 Concrete washout and final cleanup

LS

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 of any person must modify, change, or affect the terms, conditions, or specifications stated in the resulting contract. All change orders must be approved in writing by the City before the work commences unless the delay in receiving City approval causes a threat to the public health, safety, or welfare or will result in a significant additional cost to the City due to the delay. Under any circumstance, work to be performed under the change order must not begin until all written approvals have been received. Any work completed by the contractor without required written approvals will be the sole responsibility of the contractor, not the City.

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. Conflicts within the Solicitation

Where there appears to be a conflict between documents, the order of precedence shall be as follows:

A. Any agreement or contract resulting from the award of this solicitation (if applicable).

B. Addenda released for this solicitation, with the latest addendum taking precedence.

C. The solicitation.

D. The awardees’ response.

It is incumbent upon the vendor to identify such conflicts with the designated procurement representative prior to the solicitation deadline.

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 respondent 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

The successful respondent must not enter into any subcontract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without the prior written consent of the City. Any unauthorized assignment may constitute a default by the successful respondent.

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…