delray b ITB CRA No. 2026-03 - Interior Repairs and Improvements - 182 NW 5th Avenue (FINAL).pdf

The Delray Beach Community Redevelopment Agency ITB CRA No. 2026-03

Construction of Repairs & Improvements – Historic Commercial Building - 182 NW 5th Avenue

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DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY

INVITATION TO BID CRA NO. 2026-03

PROJECT TITLE:

CONSTRUCTION OF REPAIRS & IMPROVEMENTS FOR THE

CRA-OWNED HISTORIC COMMERCIAL BUILDING

LOCATED AT 182 NW 5TH AVENUE

Issue Date

Wednesday, August 5, 2026

Voluntary Pre-Bid Meeting

Monday, August 17, 2026

10:00 AM EST

Question Submittal Deadline

Friday, August 21, 2026

5:00 PM EST

Bid Submission Due Date and Time

Wednesday, September 9, 2026

4:00 PM EST

CONTACT

Christine Tibbs, Assistant Director

Delray Beach Community Redevelopment Agency 20 North Swinton Avenue, Delray Beach, FL 33444

Email: tibbsc@mydelraybeach.com | Phone: 561-276-8640

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INVITATION

The Delray Beach Community Redevelopment Agency (“CRA”) is seeking a qualified general contractor for the construction of repairs & improvements for the CRA-owned historic commercial building located at 182 NW 5th Avenue (“Project”). Interested general contractors, hereinafter referred to as Bidders, are invited to provide the requested information in this ITB to the CRA for consideration. The objective of the ITB is for the CRA to enter into an agreement with a qualified and experienced Bidder to provide the labor, materials, tools, equipment, machinery, operations, etc. necessary to finalize the permit and complete the exterior and interior repairs and improvements as described and specified in this ITB.

PROJECT OBJECTIVE

The objective of this Project is to complete the repairs and improvements for the one-story commercial building located at 182 NW 5th Avenue, a locally designated historic structure, known as the Muse House.

About Delray Beach and the Delray Beach CRA Delray Beach is truly a unique city! From its award-winning public beaches and vibrant downtown nightlife to its excellent neighborhoods, bustling economy, and abundance of cultural activities, Delray Beach offers an unparalleled quality of life.

Located in the southern end of Palm Beach County, Delray Beach was settled as an agricultural community in 1895. First incorporated in 1911, it became the City of Delray Beach (“City”) on May 11 1. The City has experienced substantial growth from 1,015 people in 1920 to over 67,000 people today.

Delray Beach encompasses slightly over 16 square miles of land area, of which over 95% has been developed. As the City approaches "build-out," growth management has shifted focus to renewal and redevelopment. In furtherance of the City’s redevelopment efforts, the Delray Beach Community Redevelopment Agency (CRA) was established by the City Commission in 1985 pursuant to its powers under Florida Statutes, Chapter 163, Part III, the Community Redevelopment Act of 1969 as amended. The CRA's activities are designed to solve the underlying problems of slum and blighted conditions through planning, redevelopment, historic preservation and affordable housing so that the tax base can be protected and enhanced by these mutually supportive activities. Results of the CRA’s efforts are visible throughout its redevelopment area – from the revitalization of the commercial areas to the stabilization and preservation efforts of the neighborhoods throughout the CRA District.

QUALIFICATIONS:

A Bidder must be the following:

• Certified General Contractor under Florida Statutes Chapter 489.113 Additional Qualification and Experience Requirements are listed within Section 4 of this ITB.

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OVERVIEW OF SCOPE OF WORK:

Bidders shall demonstrate experience to deliver the required Scope of Work which includes, but is not limited to:

• Repairs/restoration and improvements of all interior and exterior spaces as outlined in the approved set of Construction Documents

• Repairing flooring substrate, installing new tile flooring, replacing damaged/missing wood flooring planks, and restoration of wood floors by sanding/buffing to proper finish

• Installing missing, removed, and new walls, and removing other unnecessary walls

• Adding/removing electrical outlets, switches, and boxes

• Modifying existing HVAC system with fresh air intake and exhaust fans

• Adding a breakroom kitchen with cabinets, sink, water fountain, and minimal appliances

• Restoring ADA restroom walls, floor, ceiling, and fixtures

• Exterior doors: Removing one altogether and replacing another

• Roof soffit repairs

• Painting entire interior and exterior of building

IMPORTANT NOTES:

• See Section 3 of this ITB for additional information on the required Scope of Work.

• See Section 6 of this ITB for the Construction Documents.

• Review submitted City of Delray Beach Building Permit Application: BLDC- 012319-2026.

• All work shall maintain the building’s existing historic character. Repairs shall be performed in kind, replicating original profiles, materials, and finishes to match existing or as identified in the construction documents.

The remainder of this page is intentionally left blank.

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INSTRUCTIONS

Bids shall be only submitted electronically via the BidNet Direct website -www.bidnetdirect.com - and must be received on or before the Bid Submission Due Date and Time indicated in this ITB. It is the sole responsibility of the Bidder to ensure its Bid submission is complete and is submitted prior to the Bid Submission Due Date and Time.

Bids shall be submitted in accordance with the instructions contained herein. Bids must contain all information, forms, and authorized signatures, as described in this Bid Solicitation. If the required information, form, or signature is not included, the CRA may deem the Bid non-responsive.

All Bids will be publicly opened at the CRA Office, located at 20 N. Swinton Avenue, Delray Beach, Florida, 33444, immediately after the Bid Submission Due Date and Time, unless otherwise specified.

BROADCAST

The CRA utilizes electronic online services for notification and distribution of its Bid Solicitation documents. The CRA’s Bid Solicitation information can be obtained from: (a) the Delray Beach Community Redevelopment Agency, www.delraycra.org; and (b) the BidNet Direct website – www.bidnetdirect.com. The documents are also available via hardcopy at the CRA office – 20 N Swinton Avenue, Delray Beach, Florida, 33444.

Bidders who obtain Bid Solicitation documents and/or information related to the Bid Solicitation from sources other than those named above are cautioned that they should not rely on any representations, statements, or explanations other than those made in this Invitation to Bid (“ITB”) and in any written addendum to this ITB. Oral explanations, information, and instructions shall not be considered binding on the CRA.

Neither the CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Bidder. The CRA may deem incomplete Bids as non-responsive and the CRA will not evaluate or consider non-responsive Bids. BidNet Direct is an independent entity and is not an agent or representative of the CRA.

Communications to BidNet Direct do not constitute communications to the CRA.

CONTACT:

Any questions regarding this ITB and/or the solicitation process must be submitted through the "Questions" feature within the ITB posting on the BidNet Direct website.

Any and all questions, requests for clarification and additional information must be received prior to the Deadline for Submission of Questions on Friday, August 21, 2026, at 5:00 p.m.

(Eastern Time).

Any questions regarding the BidNet Direct website should be directed to support@bidnet.com.

http://www.bidnetdirect.com/ http://www.delraycra.org/ support@bidnet.com

LEGAL ADVERTISEMENT

INVITATION TO BID CRA NO. 2026-03

Construction of Repairs & Improvements for the

CRA-Owned Historic Commercial Building Located at 182 NW 5th Avenue

BID SUBMISSION DUE DATE AND TIME:

WEDNESDAY, SEPTEMBER 9, 2026, AT 4:00 PM EST

The Delray Beach Community Redevelopment Agency (“CRA”) is seeking Bids from qualified Bidders to construct repairs and improvements for the CRA-owned historic commercial building located at 182 NW 5th Avenue, Delray Beach, Florida, 33444, in accordance with the terms, conditions, and specifications contained in the Invitation to Bid (ITB).

ITB documents are available beginning Wednesday, August 5, 2026, on (a) the Delray Beach Community Redevelopment Agency, www.delraycra.org; and (b) the BidNet Direct website – www.bidnetdirect.com. The documents are also available via hardcopy at the CRA office – 20 N Swinton Avenue, Delray Beach, Florida, 33444.

Submission of Bids will only be accepted electronically via BidNet Direct website at www.bidnetdirect.com. Bids will be publicly opened and read aloud at the CRA Office immediately after the Bid Submission Due Date and Time.

It is the Bidder’s responsibility to submit a Bid in a timely manner. The CRA will not be responsible for and will not accept any late, delayed, misdelivered, or non-delivered Bids due to internet connectivity issues, electronic issues, or for any other reason. Hard copy Bids will not be accepted. The CRA is not responsible for the operation of the BidNet Direct website and their bid submittal portal. Any issues with using the BidNet Direct website should be addressed directly with BidNet Direct via the contact information provided on their website.

It is the responsibility of the Bidder to ensure all required information is included in their Bid submission. All Bidders are advised to closely examine the ITB documents.

Any questions, requests for clarification regarding the completeness or substance of the ITB documents or Scope of Work, or for additional information must be submitted through the ‘Question’ feature within the ITB posting on the http://www.delraycra.org/

BidNet Direct website (https://www.bidnetdirect.com/) prior to the Deadline for Submission of Questions of Friday, August 21, 2026, at 5:00 p.m. (Eastern Time).

The CRA will hold a Voluntary Pre-Bid Meeting and Site Visit on:

Date:

Monday, August 17, 2026, starting promptly at 10:00 a.m. EST

Location:

Project Site – CRA-owned Historic Commercial Building 182 NW 5th Avenue

Delray Beach, Florida, 33444

The CRA is exempt from Federal and State Taxes for tangible personal property tax.

The CRA reserves the right to accept or reject any or all Bid(s), in whole or in part, with or without cause without any liability to the CRA. The CRA does not warranty or represent that any award or recommendation will be made as a result of the issuance of this Legal Advertisement or the ITB, or receipt of a Bid(s). The CRA and Bidder will be bound only if and when a Bid, as it may be modified, is approved and accepted by the CRA, and the applicable agreements pertaining thereto are approved, executed, and delivered by the Bidder to the CRA, and then only pursuant to the terms of the agreements executed by the Bidder and the CRA.

https://www.bidnetdirect.com/

TABLE OF CONTENTS

SECTION 1: GENERAL TERMS AND CONDITIONS

SECTION 2: SPECIAL TERMS AND CONDITIONS

SECTION 3: SCOPE OF WORK AND TECHNICAL SPECIFICATIONS

SECTION 4: MINIMUM QUALIFICATIONS

SECTION 5: BID FORMS AND AFFIDAVITS

SECTION 6: EXHIBITS

SECTION 1: GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

a. Architect of Record: person and/or firm developing the design and preparing the signed and sealed construction drawings for the project.

b. Awarded Bidder: Bidder who is awarded a contract to provide goods or services to the

CRA.

c. Bid: any offer(s) submitted in response to an Invitation to Bid.

d. Bidder: person or firm submitting a Bid in response to an Invitation to Bid.

e. Bid Solicitation or ITB or Bid Documents: this Invitation to Bid, including all documentation, exhibits, forms, and any and all addenda.

f. CRA: shall refer to the Delray Beach Community Redevelopment Agency.

g. Contract or Agreement: Invitation to Bid, all addenda issued thereto, all affidavits, the signed agreement, and all related documents which comprise the totality of the executed contract or agreement between the CRA and the Awarded Bidder.

h. Contractor: Awarded Bidder who executes a Contract with the CRA to provide the necessary goods or services.

i. Invitation to Bid: this formal Solicitation requesting Bids from all interested qualified

Bidders.

j. Responsible Bidder: Bidder which has the capability in all respects to perform in full the contract requirements, as stated in the Invitation to Bid, and the integrity and reliability that will assure good-faith performance.

k. Responsive Bidder: Bidder whose Bid conforms in all material respects to the terms, conditions, and specifications included in the Invitation to Bid.

l. Solicitation Summary Form: describes the goods or services to be purchased and the price, and must be completed by the Authorized Agent of the Bidder and submitted with the Bid.

2. CONE OF SILENCE/NO LOBBYING

Pursuant to Section 2-355 of Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the CRA, all solicitations, once advertised and until the appropriate authority approves an award recommendation, are under the “Cone of Silence”. This limits and requires documentation of communications between potential Bidders and/or Bidders, the CRA Staff, and the CRA Board Members, amongst other parties.

As to any matter relating to this ITB, any Bidder, Bidder’s team member, or anyone representing a Bidder is advised that they are prohibited from contacting or lobbying the CRA Chair, any CRA Board Member, CRA Staff, or any other person working on behalf of the CRA on any matter related to or involved with this ITB. For purposes of clarification, Page | 9 a Bidder’s representatives shall include, but not be limited to, the Bidder’s employees, partners, attorneys, officers, directors, consultants, lobbyists, any actual or potential subcontractor or consultant of the Bidder, or any member of the Bidder’s team. If a Pre- Bid Meeting is scheduled, there will be an opportunity for inquiries to be made of CRA Staff during the scheduled Pre-Bid Meeting. All inquiries made outside of the Pre-Bid Meeting must be in writing and submitted through the BidNet Direct website. Any violation of this condition may result in rejection of a submitted Bid and/or disqualification of the Bidder. This “Cone of Silence/No Lobbying” is in effect from the date of issuance of the ITB and shall terminate at the time the CRA Board selects a Bid, rejects all submitted Bids, or otherwise takes action which ends the Bid Solicitation process.

3. ADDENDUM

The CRA may issue an addendum in response to any inquiry received, prior to the close of the solicitation period, which changes, adds, or clarifies the terms, specifications, conditions, provisions, or requirements of the ITB. The Bidder should not rely on any representation, statement, or explanation, whether written or verbal, other than those made in the ITB documents or in the addenda issued. Where there appears to be a conflict between the ITB documents and any addenda, the last addendum issued shall prevail. It is the Bidder’s responsibility to ensure receipt of all addenda, and any accompanying documentation. The Bidder is required to submit with its Bid a signed “Acknowledgment of Addenda” form when any addenda have been issued.

4. LEGAL REQUIREMENTS

This ITB is subject to all legal requirements contained in the applicable City Ordinances, Codes, Resolutions, and CRA Policies, as well as all applicable State and Federal Statutes, Ordinances, and Codes. Where conflict exists between this ITB and these legal requirements, the authority shall prevail in the following order: Federal, State, and local.

5. WITHDRAWAL OF BID

A previously submitted Bid may be withdrawn by the Bidder at any time prior to the Bid Due Date and Time, Wednesday, September 9, 2026, through the BidNet Direct website

– www.bidnetdirect.com. No oral withdrawals, emailed, mailed, or hand-delivered withdrawals of a previously submitted Bid will be allowed. No Bid may be withdrawn after the Bid Due Date and Time, except as otherwise permitted by applicable law.

6. CHANGE OF BID

A previously submitted Bid may be edited by the Bidder at any time prior to the Bid Due Date and Time, Wednesday, September 9, 2026, through the BidNet Direct website – www.bidnetdirect.com. No oral modifications, emailed, mailed, or hand delivered edits to a submitted Bid will be allowed. No hard copy replacements to a submitted Bid will be allowed. Edits to a submitted Bid shall not be accepted after the aforementioned Bid Due Date and Time.

7. CONFLICTS WITHIN THE BID DOCUMENTS

Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Solicitation Summary Form, or any addendum issued, the order of precedence shall be: the last addendum issued, the Solicitation Summary Form, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions.

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The Construction Documents are complementary and shall be evaluated together to determine the reasonably inferable intent.

8. PROMPT PAYMENT TERMS

It is the policy of the CRA that payment for all purchases by the CRA shall be made in a timely manner. The CRA will pay the Contractor upon receipt and acceptance of the goods or services by a duly authorized representative of the CRA. In accordance with Section 218.735, Florida Statutes, the time at which payment shall be due from the CRA shall be twenty-five (25) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be twenty (20) days from receipt of a proper invoice.

Proceedings to resolve disputes for payment of obligations shall be concluded by final written decision of the CRA, not later than sixty (60) days after the date on which the proper invoice was received by the CRA.

9. PREPARATION OF BIDS

a. The required Bid forms contained herein must be completed and submitted with the Bid. Use of any other forms or changes to the forms will result in the rejection of the Bid. All forms must be legible. Bidders shall complete the forms and submit through the BidNet Direct website. Incomplete or illegible forms may cause the Bid to be rejected.

b. An authorized agent of the Bidder’s firm must sign all required forms where indicated prior to submission through the BidNet Direct website. Failure to sign any of the required forms shall render the Bid non-responsive.

c. The Bidder may be considered non-responsive if Bids are conditioned upon modifications, changes, or revisions to the terms and conditions of this Bid Solicitation.

d. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail.

e. Late Bids will not be accepted. It is the Bidder’s responsibility to ensure timely receipt of the Bid by the CRA by the Bid Submission Due Date and Time. No exceptions will be made due to computer problems, internet connectivity issues, or other issues.

10. CANCELLATION OF BID SOLICITATION

The CRA reserves the right to cancel, in whole or in part, this ITB at any time when it is in the best interest of the CRA which shall be determined at the sole and absolute discretion of the CRA.

11. AWARD OF CONTRACT

a. The Contract may be awarded to the responsive and responsible Bidder meeting all requirements as set forth in the Bid Solicitation, and in the best interest of the CRA.

The CRA shall be the sole and absolute judge of its best interest.

b. The CRA reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are determined to be unacceptable, or it is otherwise determined to be in the CRA’s best interest to do so.

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c. The CRA reserves the right to negotiate prices with the responsive and responsible Awarded Bidder, provided that the Scope of Work of this ITB remains the same.

d. The Bidder’s performance as a prime contractor or subcontractor on previous CRA contracts shall be taken into account in evaluating the Bid received for this ITB.

e. The CRA will post a copy of the Bid Tabulation for this ITB on the CRA website – www.delraycra.org; and on the BidNet Direct website – www.bidnetdirect.com.

f. The ITB, any addenda and/or properly executed modifications, the signed Contract, the purchase order, any change order(s), and any other documents listed within the Contract shall constitute the Contract.

g. Award of this Bid may be predicated on compliance with and submittal of all required documents and forms as stipulated in this ITB.

h. The CRA reserves the right to request and evaluate additional information from any

Bidder after the Bid Submission Due Date and Time as the CRA deems necessary.

i. The CRA reserves the right to accept or reject any or all Bid(s), in whole or in part, with or without cause without any liability to the CRA. The CRA does not warranty or represent that any award or recommendation will be made as a result of the issuance of this ITB or receipt of a Bid. The CRA and the Bidder will be bound only if and when a Bid, as it may be modified, is approved and accepted by the CRA, and the applicable Contract(s) pertaining thereto are approved, executed and delivered by the proposer to the CRA, and then only pursuant to the terms of the Contract(s) executed by the Contractor and the CRA.

12. CONTRACT EXTENSION

The CRA reserves the right to automatically extend any Contract for a maximum period not to exceed one hundred and eighty (180) calendar days in order to provide the CRA with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded.

13. WARRANTY

All warranties express and implied shall be made available to the CRA for goods and services covered by this ITB. All goods furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the CRA, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer’s standard warranty.

14. ESTIMATED QUANTITIES

Estimated quantities or dollars are for Bidder’s guidance only: (a) estimates are based on the CRA’s anticipated needs and/or usage; and (b) the CRA may use these estimates to determine the low Bidder. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The CRA is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation.

http://www.delraycra.org/

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15. NON-EXCLUSIVITY

It is the intent of the CRA to enter into a Contract with the Awarded Bidder that will satisfy its needs as described herein. However, the CRA reserves the right as deemed in its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to, award of other contracts, use of any contractor, or perform the work with its own employees.

16. CONTINUATION OF WORK

Any work that commences prior to and will extend beyond the expiration date of the current Contract period shall, unless terminated by mutual written agreement between the CRA and the Contractor, continue until completion at the same prices, terms, and conditions.

17. BID PROTEST

A Bidder that has submitted a response to this ITB and is adversely affected by the decision to award, may file a formal written protest through filing a type-written protest with the CRA office. The Bidder shall file its type-written protest with the CRA, hand delivered to the CRA Executive Director, at 20 N Swinton Avenue, Delray Beach, Florida, 33444, Monday through Friday, between the hours of 8:00 AM EST and 5:00 PM EST, excluding legal holidays. Bid Protests will not be accepted through email, mail, or through the BidNet Direct website.

Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner’s representative (if any), and the title and number of the solicitation.

Additionally, the protest shall be signed by an authorized agent of the Bidder and notarized. The protest shall specifically describe the subject matter, facts giving rise to the protest, and the action requested from the CRA. The protest shall be limited to 15 type-written pages. A written protest shall not challenge the specifications, Scope of Work, relative weight of evaluation criteria, a formula for assigning points, any request for additional information from Bidders, to reject insufficient and unclear Bids, ranking of Bids, to negotiate a contract, to abandon negotiations, and to approve a contract.

The written protest must be received within three (3) business days from the time of initial posting of the intended award. Notice of Intent to Award shall be posted on the CRA’s website, www.delraycra.org, and on the BidNet Direct website- www.bidnetdirect.com.

Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the Bidder of all rights of protest.

The formal written protest shall be accompanied by a non-refundable protest application fee in an amount equal to one percent (1%) of the protestor's Bid or five thousand dollars ($5,000), whichever is less. The protest application fee must be a cashier's check, a certified check, or an attorney's trust account check made payable to the Delray Beach Community Redevelopment Agency. Failure to provide the required protest application fee shall deem the protest as incomplete and invalid.

Authority to Resolve Protests The CRA's consideration of a timely formal written protest shall not necessarily stay the award process, as may be in the best interest of the CRA. The CRA Executive Director may render moot any written protest that is overtaken by events, in which case the CRA Executive Director may abate or dismiss such protest. Within ten (10) business days (excluding Saturdays, Sundays, legal holidays, and City observed holidays) of receipt of

Page | 13 the formal written protest, the Assistant Director and CRA Legal Advisor/CRA Legal Counsel shall attempt to settle or resolve the dispute, at the Assistant Director and the CRA Legal Advisor/CRA Legal Counsel’s sole discretion. A decision will be rendered in writing and shall: (1) state the reasons for the action taken; and (2) inform the protestor of its right to appeal as provided herein. A copy of the decision of the Assistant Director and the CRA Legal Advisor/CRA Legal Counsel shall be mailed or otherwise furnished immediately to the protestor.

The protesting party may appeal the decision of the Assistant Director and the CRA Legal Advisor/CRA Legal Counsel, by submitting the appeal to the CRA Executive Director within seven (7) business days (excluding Saturdays, Sundays, legal holidays and CRA-observed holidays) from the date of the written decision. The appeal shall be in writing and shall state with specificity the grounds therefore and also the action requested of the CRA Executive Director. The CRA Executive Director shall attempt to settle or resolve the matter at his/her sole option. The CRA Executive Director shall render a decision, in writing, within 10 business days (excluding Saturdays, Sundays, legal holidays and City observed holidays) following receipt of the appeal.

A decision of the CRA Executive Director under this section shall be final and conclusive on the protester.

Timely submittal of a protest or appeal is required. Failure of a party to submit timely a written protest to the CRA within the time provided in this section shall constitute a waiver of such party's right to protest pursuant to this section.

Any and all costs incurred by a protesting party in connection with a protest pursuant to this section shall be the sole responsibility of the protesting party.

18. LAWS AND REGULATIONS

The Contractor shall comply with all laws and regulations applicable to provide the goods or services specified in this Bid Solicitation. Bidders shall be familiar with all Federal, State, and local laws that may affect the goods and/or services offered.

19. LICENSES, PERMITS AND FEES

The CRA will pay for all required City permits and inspections, unless otherwise specified herein. The Bidder shall not include permit and inspection fees within its submitted Bid.

The Contractor shall hold all required licenses and/or certifications and shall comply with all current and future applicable laws, ordinances, regulations, and building code requirements. Any damages, penalties, and/or fines imposed on the CRA or the Contractor for the failure to obtain and maintain required licenses, certifications, permits, and/or inspections shall be borne solely by the Contractor.

If the Awarded Bidder does not hold a City of Delray Beach Business Tax Receipt or has not registered as doing business within the City of Delray Beach at the time of award, the Awarded Bidder shall obtain the required Business Tax Receipt or registration prior to finalizing the Contract.

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20. SUBCONTRACTING

Unless otherwise specified in this Bid Solicitation, the Contractor shall not subcontract any portion of the work without the prior written consent of the CRA. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior written consent of the CRA may result in termination of the Contract for default.

21. ASSIGNMENT

The Contractor shall not assign, transfer, convey, sublet, hypothecate, or otherwise dispose of the Contract, including any rights, title, or interest therein, or its power to execute such Contract to any person, company, or corporation without the prior written consent of the CRA. Assignment without the prior written consent of the CRA may result in termination of the Contract for default.

22. SHIPPING TERMS

Unless otherwise specified in the Bid Solicitation, prices quoted shall be F.O.B.

Destination. Freight shall be included in the proposed price.

23. RESPONSIBILITIES AS EMPLOYER

The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the CRA. The Contractor shall provide physically competent employee(s) capable of performing the Scope of Work as required. The CRA may require the Contractor to remove any employee it deems unacceptable. All employees of the Contractor shall wear proper safety equipment and proper identification.

It is the Contractor’s responsibility to ensure that all its employees and subcontractors comply with the employment regulations required by the US Department of Homeland Security. The CRA shall have no responsibility to check or verify the legal immigration status of any employee of the Contractor

24. INDEMNIFICATION

Contractor shall at all times hereafter indemnify, hold harmless and, at the CRA Executive Director’s option, defend or pay for an attorney selected by the CRA Executive Director to defend the CRA, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against the CRA by reason of any such claim, cause of action, or demand, Contractor shall, upon written notice from CRA, resist and defend such lawsuit or proceeding by counsel satisfactory to the CRA or, at CRA's option, pay for an attorney selected by the CRA Executive Director to defend the CRA. The obligations of this section shall survive the expiration or earlier termination of this Agreement.

25. COLLUSION

Bidder certifies that its Bid is made without prior understanding, agreement, relation or connection with any other corporation, firm or person submitting a Bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion

Page | 15 or fraud. Any such violation may result in Agreement cancellation, return of materials or discontinuation of services and the possible removal of Bidder from participation in future CRA solicitations for a specified period.

The Bidder(s) attests that the Bid is genuine and not a sham or collusive or made in the interest or on behalf of any person not therein named, and that the Bidder has not, directly or indirectly, induced or solicited any other Bidder to put in a sham Bid, or any other person, firm, or corporation to refrain from proposing, and that the Bidder has not in any manner sought by collusion to secure to the Bidder an advantage over any other Bidder.

26. MODIFICATION OF CONTRACT

The Contract may be modified by mutual consent, in writing, through an amendment to the Contract, a supplemental agreement, purchase order, or change order, as appropriate.

The CRA’s Executive Director may further approve and amend the Contract by executing a written agreement signed by both parties.

27. TERMINATION FOR CONVENIENCE

The CRA, at its sole and absolute discretion, reserves the right to terminate any Contract entered into pursuant to this ITB with or without cause immediately upon providing written notice to the Contractor. Upon receipt of such notice, the Contractor shall not incur any additional costs under the Contract. The CRA shall be liable only for reasonable costs incurred by the Contractor prior to the date of the notice of termination. The CRA shall be the sole judge of “reasonable costs.”

28. TERMINATION FOR DEFAULT

The CRA reserves the right to terminate the Contract, in part or in whole, or place the Contractor on probation in the event the Contractor fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by specifying a reasonable time period within which the Contractor must cure any such failure to perform or default. If the Contractor fails to cure the default within the time specified, the CRA may then terminate the subject Contract by providing written notice to the Contractor. The CRA further reserves the right to suspend or debar the Contractor in accordance with the appropriate CRA ordinances, resolutions, and/or policies. The Contractor will be notified by letter of the CRA’s intent to terminate. In the event of termination for default, the CRA may procure the required goods and/or services from any source and use any method deemed in its best interest. All re-procurement costs shall be borne by the incumbent Bidder.

29. FRAUD AND MISREPRESENTATION

Any individual, corporation, or other entity that attempts to meet its contractual obligations with the CRA through fraud, misrepresentation, or material misstatement, may be debarred for up to five (5) years. The CRA, as a further sanction, may terminate or cancel any other contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees.

30. ACCESS AND AUDIT OF RECORDS

The CRA reserves the right to require the Contractor to submit to an audit by an auditor of the CRA’s choosing at the Contractor’s expense. The Contractor shall provide access to all of its records, which relate directly or indirectly to the Contract, at its place of business

Page | 16 during regular business hours. The Contractor shall retain all records pertaining to this Contract, and upon request, make them available to the CRA for three (3) years following expiration of the Contract. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the CRA to ensure compliance with applicable accounting and financial standards.

31. PRE-AWARD INSPECTION

The CRA may conduct a pre-award inspection of the Bidder’s site or hold a pre-award qualification hearing to determine if the Bidder is capable of performing the requirements of this Bid Solicitation.

32. PROPRIETARY AND/OR CONFIDENTIAL INFORMATION

Bidders are hereby notified that all information submitted as part of, or in support of Bid submittals will be available for public inspection after the opening of Bids in compliance with Chapter 119 of the Florida Statutes, popularly known as the “Public Record Law.” The Bidder shall not submit any information in response to this Bid Solicitation which the Bidder considers to be a trade secret, proprietary, or confidential. The submission of any information to the CRA in connection with this Bid Solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection which would otherwise be available to the Bidder. In the event that the Bidder submits information to the CRA in violation of this restriction, either inadvertently or intentionally, and clearly identifies that information in the Bid as protected or confidential, the CRA may, in its sole discretion, either (a) communicate with the Bidder in writing in an effort to obtain the Bidder’s withdrawal of the confidentiality restriction, or (b) endeavor to redact and return that information to the Bidder as quickly as possible, and if appropriate, evaluate the balance of the Bid. The redaction or return of information pursuant to this clause may render a Bid non-responsive.

33. ADDITIONAL FEES AND SURCHARGES

Unless provided for in the Contract, the CRA will not make any additional payments such as fuel surcharges, demurrage fees, or delay-in-delivery charges.

34. COMPLIANCE WITH FEDERAL STANDARDS

All items to be purchased under this Contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA).

35. BINDING EFFECT

All of the terms and provisions of the Contract, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns.

36. SEVERABILITY

In the event any term or provision of any Contract entered into pursuant to this Bid Solicitation is found by a court of competent jurisdiction to be invalid, the remaining terms and provisions shall continue to be effective and shall be interpreted and given meaning to the greatest possible extent in the absence of any severed terms or provisions.

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37. GOVERNING LAW AND VENUE

This Contract and all transactions contemplated by this Contract shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue.

38. ATTORNEY’S FEES

In the event it becomes necessary for either party herein to seek legal means to enforce the terms of the Contract, the prevailing party shall be entitled to its reasonable attorney fees and court costs and paralegal fees at both the trial and appellate levels, to the extent permitted by law.

39. EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION

The CRA complies with all laws prohibiting discrimination on the basis of age, race, gender, religion, creed, political affiliation, sexual orientation, physical or mental disability, color or national origin, and therefore is committed to assuring equal opportunity in the award of contracts and encourages small, local, minority, and female-owned businesses to participate.

During the performance of the Contract, the Contractor agrees it will not discriminate or permit discrimination in its hiring practices or in its performance of the Contract. The Contractor shall strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida, Palm Beach County, and the Federal government.

The Contractor further acknowledges and agrees to provide the CRA with all information and documentation that may be requested by the CRA from time to time regarding the Bid Solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract.

40. CRIMINAL HISTORY BACKGROUND CHECKS

Prior to hiring a contract employee or contracting with an Awarded Bidder, the CRA may conduct a comprehensive criminal background check by accessing any Federal, State, or local law enforcement database available. The contract employee or Awarded Bidder will be required to sign an authorization for the CRA to access criminal background information. The costs for the background checks shall be borne by the CRA.

41. LABOR, MATERIALS, AND EQUIPMENT

Unless specified elsewhere in this Bid Solicitation or the Contract, all labor, materials, and equipment required for the performance of the requirements of the Contract shall be supplied by the Contractor.

42. LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the resultant Contract.

43. MINIMUM WAGE REQUIREMENTS

The Contractor shall comply with all minimum wage requirements and the provisions of any other wages laws, as may be applicable to this Contract.

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44. PACKING SLIP AND DELIVERY TICKET

A packing slip and/or delivery ticket shall accompany all items during delivery to the CRA.

The documents shall include information on the contract number or purchase order, any back order items, and the number or quantity of items being delivered.

45. PURCHASE OF OTHER ITEMS

The CRA reserves the right to purchase other related goods or services, not listed in the Bid Solicitation, during the Contract term. When such requirements are identified, the CRA may request price quote(s) from the Contractor. The CRA, at its sole discretion, will determine if the prices offered are reasonable, and may choose to purchase the goods or services from the Contractor, another contract vendor, or a non-contract vendor.

46. PUBLIC RECORDS

Florida law provides that municipal records shall at all times be available to the public for inspection. Chapter 119, Florida Statutes, the Public Records Law, requires that all material submitted in connection with a Bid response shall be deemed to be public record subject to public inspection upon award, recommendation for award, or thirty (30) days after Bid opening, whichever occurs first. Certain exemptions to public disclosure are statutorily provided for in Section 119.07, Florida Statutes. If the Bidder believes any of the information contained in his/her/its Bid is considered confidential and/or proprietary, inclusive of trade secrets as defined in Section 812.081, Florida Statutes, and is exempt from the Public Records Law, then the Bidder, must in its response, specifically identify the material which is deemed to be exempt and state the legal authority for the exemption.

All materials that qualify for exemption from Chapter 119, Florida Statutes or other applicable law must be submitted in a separate envelope, clearly identified as “EXEMPT FROM PUBLIC DISCLOSURE” with the firm’s name and the Bid number clearly marked on the outside. The CRA will not accept Bids when the entire Bid is labeled as exempt from disclosure. The CRA’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the CRA and the CRA’s officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the CRA’s treatment of records as public records.

The Contractor shall keep and maintain public records and fully comply with the requirements set forth at Section 119.0701, Florida Statues, as applicable; failure to do so shall constitute a material breach of any and all agreements awarded pursuant to this ITB.

47. CONFLICTS OF INTEREST

All Bidders must disclose with their Bid the name of any officer, director, or agent who is also an employee of the CRA. Further, all Bidders must disclose the name of any CRA employee who has any interest, financial or otherwise, direct or indirect, of five percent (5%) or more in the Bidders’ firm or any of its branches. Failure to disclose any such affiliation will result in disqualification of the Bidder from this Invitation to Bid and may be grounds for further disqualification from participating in any future Bids with the CRA.

48. PUBLIC ENTITY CRIMES

As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity; may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity;

Page | 19 may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity.

49. OTHER GOVERNMENTAL AGENCIES

The Awarded Bidder who executes a Contract as a result of this ITB, shall allow other governmental agencies to access this Contract and purchase the goods and services under the terms and conditions at the prices awarded, as applicable.

50. COMPLETION OF WORK AND DELIVERY

All work shall be performed and all deliveries made in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the Contractor, except in such cases where the completion date will be delayed due to acts of nature, force majeure, strikes, or other causes beyond the control of the Contractor. In these cases, the Contractor shall notify the CRA of the delays in advance of the original completion so that a revised delivery schedule can be appropriately considered by the

CRA.

51. FAILURE TO DELIVER OR COMPLETE WORK

Should the Contractor fail to deliver or complete the work within the time stated in the Contract, it is hereby agreed and understood that the CRA reserves the authority to cancel the Contract with the Contractor and secure the services of another vendor to purchase the items or complete the work. If the CRA exercises this authority, the CRA shall be responsible for reimbursing the Contractor for work that was completed, and items delivered and accepted by the CRA in accordance with the Contract specifications. The CRA may, at its option, demand payment from the Contractor, through an invoice or credit memo, for any additional costs over and beyond the original contract price which were incurred by the CRA as a result of having to secure the services of another vendor.

52. TAXES

The CRA is exempt from Federal and State taxes for tangible personal property.

53. BIDDER’S COSTS

The CRA shall not be liable for any costs incurred by Bidders in responding to this ITB.

54. SUBSTITUTION OF PERSONNEL

It is the intention of the CRA that the Awarded Bidder’s personnel proposed in its Bid shall be available for the initial Contract term. In the event the Awarded Bidder wishes to substitute personnel prior to the execution of the Contract, the Awarded Bidder shall propose personnel of equal or higher qualifications, and all replacement personnel are subject to the CRA’s written approval. In the event the substitute personnel are not satisfactory to the CRA, and the matter cannot be resolved to the satisfaction of the CRA, the CRA reserves the right to terminate Contract negotiations. In the event the Contractor wishes to substitute personnel after the execution of the Contract, the Contractor shall propose personnel of equal or higher qualifications, and all replacement personnel are subject to the CRA’s written approval. In the event the substitute personnel are not satisfactory to the CRA, and the matter cannot be resolved to the satisfaction of the CRA, the CRA reserves the right to cancel the Contract for cause.

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55. FORCE MAJEURE

The CRA and the Contractor are excused from the performance of their respective obligations under the Contract when and to the extent that their performance is directly delayed or prevented by any circumstances beyond their control, including fire, flood, explosion, strikes or other labor disputes, natural disasters, public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance provided that:

a. The non-performing party gives the other party prompt written notice describing the particulars of the force majeure, including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the force majeure.

b. The excuse of performance is of no greater scope and of no longer duration than is required by the force majeure.

c. No obligations of either party that arose before the force majeure causing the excuse of performance are excused as a result of the force majeure.

d. The non-performing party uses its best efforts to remedy its inability to perform.

e. The CRA’s approval is required for any force majeure event asserted by the

Contractor.

Notwithstanding the above, performance shall not be excused under this section for a period in excess of two (2) months, provided that in extenuating circumstances, the CRA, at its sole discretion, may excuse performance for a longer term. Economic hardship of the Contractor shall not constitute a force majeure. The term of the Contract shall be extended by a period equal to that during which either party’s performance is suspended under this section.

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