delray beach ITB 2026-034 Assembly Disassembly of Christmas Tree and North Pole Villages.pdf

City of Delray Beach ITB No 2026-034

Assembly & Disassembly of Christmas Tree and North Pole Villages

The City of Delray Beach

100 NW 1st Avenue Delray Beach, FL 33444

PROCUREMENT AND PURCHASING DEPARTMENT

INVITATION TO BID

ITB NO.: 2026-034

TITLE: ASSEMBLY & DISASSEMBLY OF CHRISTMAS TREE AND NORTH POLE VILLAGES

DUE DATE AND TIME: August 5, 2026, 2:00 p.m. (EASTERN STANDARD TIME)

INSTRUCTIONS

Bids must be received before the due date and time (eastern standard time). All Bids will be publicly opened at City Hall, unless otherwise specified. The City will only accept electronic bids.

The City will only accept electronic submittals for this Invitation to Bid (ITB). ITB’s will be accepted through a secure mailbox at Bidnet Direct until the Due Date and Time indicated in this ITB. Bidnet Direct does not accept electronic Bids after the Due Date and Time. It is the sole responsibility of the Bidder to ensure its electronic Bid submission is complete prior to the solicitation Due Date and Time. Electronic submission of bids will require the uploading of forms and/or attachments as designated in this ITB. Electronic submission must include a signed original of the Solicitation Summary form. The submission of forms and attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate file.

If the Solicitation Summary form is not included, the City may deem the Bid non-responsive. Bids must contain all information required to be included in the submittal, as described in this Solicitation.

BROADCAST

The City of Delray Beach utilizes electronic online services for notification and distribution of its Solicitation documents. The City’s Solicitation information can be obtained from: (a) Bidnet Direct () (b) Purchasing webpage on the City of Delray Beach https://www.delraybeachfl.gov/government/city-departments/purchasing/current-bids-solicitations; (c) Request via email burzynskij@mydelraybeach.com

Bidders who obtain Solicitations from sources other than those named above are cautioned that the Invitation to Bid package may be incomplete. The City may not evaluate incomplete Bid packages. Bidnet Direct is an independent entity and is not an agent or representative of the City. Any technical issues must be submitted to Bidnet Direct by contacting (800) 835-4603 (toll free) or https://www.bidnetdirect.com/florida/cityofdelraybeach. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue.

Assembly & Disassembly of Christmas Tree and North Pole Villages

Communications to any independent entities does not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the Solicitation documents, the terms and conditions of the documents will prevail.

CONTACT PERSON

Any questions regarding the specifications and Solicitation process must be submitted through the “Question” feature on support@bidnet.com. Requests for clarification and additional information must be received prior to the Deadline for Submission of Questions on July 24, at 5:00p.m. (EASTERN STANDARD

TIME).

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Assembly & Disassembly of Christmas Tree and North Pole Villages

The City of Delray Beach 100 N.W. 1st Avenue

Delray Beach, FL 33444

LEGAL ADVERTISEMENT

INVITATION TO BID NO. 2026-034

ASSEMBLY & DISASSEMBLY OF CHRISTMAS TREE AND NORTH POLE VILLAGES

The City of Delray Beach is seeking Bids from qualified contractors for assembly, disassembly, regular maintenance/repairs and transportation of the City’s 100’ aluminum Christmas tree, and installation of nine (9) City-owned North Pole Village structures and skating rink in accordance with the terms, conditions, and specifications contained in this Invitation to Bid.

Invitation to Bid documents are available beginning July 8, 2026 on the City of Delray Beach’s Purchasing webpage https://www.delraybeachfl.gov/government/city-departments/purchasing/current-bids-solicitations, on Bidnet Direct (https://www.bidnetdirect.com/florida/cityofdelraybeach); and via email request to burzynskij@mydelraybeach.com

Submission of Bids electronically will be through a secure mailbox at Bidnet Direct (https://www.bidnetdirect.com/florida/cityofdelraybeach) until the Deadline for Submission as indicated in this ITB. The Due Date and Time for submission of Bids is August 5, 2026, at 2:00 P.M. (Eastern Standard Time). Late Proposals will not be accepted. The City will only accept electronic Proposals for this ITB.

It is the responsibility of the Bidder to ensure all pages are included in the submission. All Bidders are advised to closely examine the Solicitation package. Any questions regarding the completeness or substance of the Solicitation package or scope of services must be submitted using the ‘Question’ feature on https://www.bidnetdirect.com/florida/cityofdelraybeach.

The City will hold a Non-Mandatory Virtual Pre-Bid Conference on Tuesday July 14, 2026 @ 10:00 AM, (EASTERN STANDARD TIME) Microsoft Teams meeting via the link provided below:

Microsoft Teams Meeting HYPERLINK FOR TEAMS MEETING https://teams.microsoft.com/meet/244223144245653?p=edmqfA0npXbv3iF4VV Meeting ID: 244 233 144 245 653 Passcode: 9vS6xY3n Phone Conference Dial-In Number: +1 352-448-9762,,622554345# Phone Conference ID: 622 554 345#

The City of Delray Beach reserves the right to accept or reject any or all Bids, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City.

CITY OF DELRAY BEACH

Assembly & Disassembly of Christmas Tree and North Pole Villages

SECTION 1

SPECIAL TERMS AND CONDITIONS

1.1

1.2

1.3

1.4

1.5

1.6

1.7

PURPOSE

The purpose of this Solicitation is to receive responses from qualified Respondents to obtain bids from contractors for assembly, disassembly, regular maintenance/repairs and transportation of the City’s 100’ aluminum Christmas tree, and installation of nine (9) City-owned North Pole Village structures and skating rink, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid.

CONTRACT MEASURES AND PREFERENCES

Intentionally Omitted

PRE-BID CONFERENCE AND SITE VISIT

The City will hold a Non-Mandatory Virtual Pre-Bid Conference on Tuesday July 14, 2026 @ 10:00 AM (EASTERN STANDARD TIME) Microsoft Teams meeting via the link provided below. A site visit to both the storage and installation sites will be scheduled at a date following the Pre- Bid Conference.

Microsoft Teams Meeting

ENTER HYPERLINK FOR TEAMS MEETING

https://teams.microsoft.com/meet/244223144245653?p=edmqfA0npXbv3iF4VV Meeting ID: 244 233 144 245 653 Passcode: 9vS6xY3n Phone Conference Dial-In Number: +1 352-448-9762,,622554345#

Phone Conference ID: 622 554 345#

TERM OF CONTRACT

The Contract shall commence upon the date of the duly executed Agreement and shall remain in effect for a term of three (3) years.

OPTIONS TO RENEW

Upon mutual agreement of the City and the awarded Bidder, the Agreement may be renewed for two (2) additional one (1) year period(s).

METHOD OF AWARD:

The City will award this contract to the responsive and responsible Bidder who submits the lowest price to perform the work.

Vendors must bid on ALL line items within all Groups to be considered responsive to the bid requirements. The City’s intent is to award this contract by TOTAL PRICE, the sum of all line items within all Groups, to the lowest responsive, responsible bidder. Bidders must indicate “No Charge” in the “Notes for Buyer” section in Bidnet Direct on items that are included at no additional charge by placing $0.00 in the offer field.

PRICES SHALL BE FIXED AND FIRM

If the Bidder is awarded a contract under this Solicitation, the prices offered by the Bidder shall remain fixed and firm during the performance of the Work and the Term of the Contract, notwithstanding price adjustments made in accordance with Section 1.8.

1.8 PRICE ADJUSTMENTS BASED ON GOVERNMENTAL PRICE INDEX

If the Bidder is awarded a contract under this Solicitation, the prices offered by the Bidder shall remain fixed and firm for the initial term during the performance of the Work, except for any change orders or variations, which must meet the prior approval and authorization of the City.

The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.

After the initial three (3) year term, the Vendor may submit a written request no less than 90-days before the anniversary of the contract requesting an increase in prices for an amount for no more than the twelve months change in the following pricing index: All-Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor. The Vendor shall submit a letter to the City’s Purchasing Department stating the percentage amount of the requested increase and justification for such request. All price adjustments must be accepted by the Chief Procurement Officer and shall be memorialized by a written amendment to this contract. No retroactive contract price adjustments will be allowed.

1.9 EXAMINATION OF CITY FACILITIES OR EQUIPMENT

Prior to submitting its offer, it is REQUIRED that the Bidder visit the site of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The Bidder is also advised to carefully examine any drawings, specifications, or equipment, and become thoroughly aware regarding all existing materials (stored at the Swinton Operations Complex located at 434 S. Swinton Avenue) conditions and requirements that may in any manner affect the work to be performed under the Contract. No additional allowances will be made because of lack of knowledge of these conditions.

1.10 EQUAL PRODUCTS

The manufacturer’s name, brand name and/or model number information contained in this Solicitation are being used for the sole purpose of establishing the minimum requirements of the level of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material and quality. This specific Solicitation requires submission of the following documentation to enable City evaluation of “equal” products:

1. Product information sheets

2. Product Samples Upon Specific Request

If an “equal” product may be considered by the City, the item shall be equal in quality and standards of performance to the item specified in the Solicitation. Where an “equal” item is offered, and product information sheets are required, the initial offer must be accompanied with complete product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures). Also, for product information submittals, all supporting documentation submitted by the Bidder must in total meet the required specifications set forth in this Solicitation. Where the standard product literature submitted with the offer provides information that does not comply with the specifications, the Bidder shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item it is offering, and the item described by the standard product literature, to substantiate compliance to all the specifications set forth in this Solicitation. In such cases, any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the Solicitation specifications.

If samples of all “or equal” items Bid are required for evaluation, such items are to be provided at no cost to the city and should be provided at the time of specific request by the City. Failure to meet this requirement may result in Bidder’s offer being rejected.

1.11 LIQUIDATED DAMAGES

Time is of the essence regarding this Invitation to Bid and the work contemplated hereunder and the City may suffer financial loss and inconvenience if the work is not completed to the satisfaction of the City by the time stipulated in the Contract. Therefore, failure to timely complete the work shall result in the awarded Bidder being subject to liquidated damages, but not as penalty, in the amount of $2,000 for each and every calendar day the work remains incomplete or the items remain undelivered. As compensation due the City for loss of use and for additional costs incurred by the City due to such non-completion of the work, the City shall have the right to deduct the liquidated damages from any amount due, or that may become due to the awarded Bidder under the Contract, or to invoice the awarded Bidder for such damages if the costs incurred exceed the amount due to the awarded Bidder. The awarded Bidder and the City agree that the amount for liquidated damages is not punitive and is intended to compensate the City for difficult to quantify losses.

1.12 INSURANCE

The awarded bidder shall not commence any performance pursuant to the terms of this solicitation until certification or proof of insurance has been received and approved by the City’s Risk Coordinator or designee.

The required insurance coverage is to be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum financial strength rating of A- VIII or better, in accordance with the latest edition of A.M. Best’s Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Delray Beach shall be notified at least thirty (30) days written notice in advance of cancellation, non-renewal, or adverse change and ten (10) days written notice of cancellation for non-payment. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the selected Proposer’s obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Delray Beach.

The awarded bidder must submit a current Certificate of Insurance, naming the City of Delray Beach as an additional insured and listed as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration.

The awarded bidder shall provide insurance coverage as follows:

a. WORKERS COMPENSATION AND EMPLOYER’S LIABILITY

Workers Compensation Insurance to apply for all employees in compliance with the “Workers Compensation Law” of the State of Florida and all applicable Federal laws. The

City reserves the right not to accept exemptions to the Workers Compensation requirements of this solicitation.

Employer’s Liability Insurance with a limit of not less than $1,000,000 for each accident, $1,000,000 for each occurrence, and $1,000,000 in the aggregate.

b. COMMERCIAL GENERAL LIABILITY Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) aggregate. Coverage shall include, premises and operations, independent contractors, products and completed operations, contractual liability, personal and advertising injury, and broad form property damage, as applicable to the work performed under this Contract. The City shall be named as an additional insured.

c. AUTOMOBILE LIABILITY Automobile Liability Insurance shall include coverage for owned, non-owned, and hired vehicles used in connection with the performance of the work, with limits of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident for bodily injury and property damage.

d. PROFESSIONAL LIABILITY

The Contractor shall maintain, or shall require its Professional Engineer subcontractor to maintain, Professional Liability (Errors and Omissions) Insurance for engineering services performed in connection with this Contract, with limits of not less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate.

e. COMMERCIAL UMBRELLA (EXCESS) LIABILITY

Commercial Umbrella (Excess) Liability with limits of not less than Five Million Dollars ($5,000,000) per occurrence, written on a follow-form basis over the required Commercial General Liability, Commercial Automobile Liability, and Employer’s Liability policies. Coverage shall remain in effect for the duration of the Contract and any renewal terms.

The awarded bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Delray Beach as an additional insured.

All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of A- VIII or better. All insurance policies shall name the City of Delray Beach, its elected officials, officers, employees, agents, and volunteers as an additional insured on a primary and non-contributory basis, including ongoing and completed operations coverage where applicable. The Contractor shall provide the City with certificates of insurance and required endorsements evidencing such coverage prior to commencement of work.

The Successful Proposer agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City’s Procurement and Purchasing Department located at 100 N.W. 1st Ave., Delray Beach, FL 33444.

The Contractor’s insurance shall be primary and non-contributory with respect to any insurance or self-insurance maintained by the City. The Contractor shall require all subcontractors performing work under this Contract to maintain insurance coverage meeting the requirements specified herein, as applicable to the scope of work performed. The Contractor shall provide evidence of subcontractor insurance upon request by the City.

1.13 PERFORMANCE BOND

When the successful Vendor delivers the executed Agreement to the CITY, it must be accompanied by the required performance and payment Bonds and required insurance certificates and policies if applicable. The surety on such bonds shall be a duly authorized nationally recognized surety company satisfactory to the CITY. Such bond shall be executed and issued by a resident agent licensed and having an officer in Palm Beach, Dade, Broward or Martin County, Florida, representing such corporate surety. Attorney-in-fact who signs bonds must file with such bond a certified copy of their Power-of-Attorney to sign said bonds. All bonds and insurance must meet the requirements below.

VENDOR shall upon delivery of the executed Agreement to the City furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all VENDOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least one (1) year after the date when final payment becomes due based on Vendor’s completion of all requirements for Final Payment set forth in these Contract Documents, except as otherwise provided by Law or Regulation or by the Contract Documents.

VENDOR shall also furnish such other Bonds as are required by the Supplementary Conditions.

Each Bond shall be furnished in an amount equal to 100% of the amount of the Contract award.

The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the CITY and Surety shall be a nationally recognized Surety Company acceptable to the City, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, V.S. Treasury Department, for projects not exceeding ($500,000) five hundred thousand dollars and meet the other requirements of Florida Statutes Section 287.0935 (2001). For projects exceeding five hundred thousand dollars, all bonds shall be placed with sureties with a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and having an office in Florida, representing such corporate sureties. If the VENDOR is a partnership, the Bond should be signed by each of the individuals who are partners; if a corporation, the Bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Contract.

Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or other representative of Vendor or Surety; (c) duly certified extract from by-laws or resolutions of Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or representative was issued.

If the surety on any Bond furnished by VENDOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of this section, VENDOR shall within five (5) calendar days thereafter substitute another Bond and Surety. VENDOR’S failure to timely furnish a substitute surety shall constitute a material breach of the Contract and shall give the CITY the immediate right to terminate the VENDOR for cause in accordance with the Contract’s General Conditions.

1.14 CERTIFICATIONS

Any Bidder that submits an offer in response to this Solicitation shall, at the time of such offer, hold all necessary certifications issued by the State or County Examining Board qualifying the Bidder to perform the work proposed for this project. If other professions or trades are required in conjunction with this Solicitation and such work/services will be performed or provided by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractor(s) shall be submitted with the Bidder’s offer; provided, however, that the City may at its option and in its best interest allow the Bidder to supply the subcontractor(s) certificate to the City during the evaluation period.

1.15 BID BOND/GUARANTY

Each Bid must be accompanied by Bid security made payable to the City of Delray Beach in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified check or cashier’s check drawn upon any State or National Bank of Florida or a Bid Bond issued by a surety. Said check or bond shall be made payable to the CITY and shall be given as a guarantee that Bidder, upon receipt of notification of tentative award of the contract, will enter into an Agreement with the CITY, and furnish the necessary documents including but not limited to:

insurance certificates, Payment Bond and Performance Bond; each of the said bonds to be in the amount stated herein, all bonds shall be written by a surety authorized to conduct business in the State of Florida and shall have a registered agent in the State of Florida. Bid Bonds issued on any form, other than those provided herein, will not be acceptable. No bids will be considered unless accompanied by the required bid security.

The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security whereupon the Bid security will be returned. If the apparent successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Intent to Award, the CITY may annul the Notice of Intent to Award, and the Bid security of that Bidder will be forfeited. The CITY may then accept the bid of the next most qualified responsible responsive Bidder or re-advertise for bids. If the bid of the next most qualified responsible responsive Bidder is accepted, this acceptance shall bind such Bidder as though he was the original successful Bidder. There shall be no binding contract until such time as the CITY accepts the contract and makes final award of the contract. The Bid Security of other Bidders whom CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Agreement or the ninety-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not responsive will be returned within ten (10) days after the Bid opening.

1.16 METHOD OF PAYMENT:

The awarded Bidder shall submit an invoice to the City for progress payments for work that has been completed and has been inspected and accepted by the City. The date of the invoices shall not exceed thirty (30) calendar days from the completion of that portion of the work. Under no circumstances shall the invoice be submitted to the City in advance of the completion and acceptance of the work.

The invoice shall contain the following basic information: the awarded Bidder’s name and address, invoice number, date of invoice, description of the goods or service, the contract number, purchase order number, and any discounts.

The city prides itself on paying its vendors promptly and efficiently, and as such requires that vendors accept payment via wire transfer, ACH (direct deposit), or an appropriate electronic payment method. The City is averse to issuing paper checks and seeks to discontinue this practice.

All payments shall be made in accordance with the Florida Prompt Payment Act, Section 218.74, Florida Statutes, upon presentation of a proper invoice by the awarded Bidder.

1.17 WARRANTY REQUIREMENTS:

In addition to all other warranties that may be supplied by the Bidder, the awarded Bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of one (1) year from the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full period; regardless of whether the awarded Bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the services received from the awarded Bidder does not constitute a waiver of these warranty provisions.

1.18 ADDITIONAL FACILITIES OR PRODUCTS

Although this Solicitation and resultant Contract may identify specific facilities or products, it is hereby agreed and understood that any City department or agency facility or related product may be added to this Contract at the option of the City, for similar products or services. The awarded Bidder shall be invited to submit price quotes for these additional facilities or products. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the awarded Bidder by formal modification of the Contract or Purchase Order. The City may determine to obtain price quotes for the additional facilities from non-contract awarded Bidder(s) in the event that fair and reasonable pricing is not obtained from the awarded Bidder, or for other reasons, at the City’s discretion.

1.19 CATALOGS AND PRICE LISTS

Vendor shall indicate in all spaces provided on the Place Offer/Item Response Form, their single fixed discount from the most current manufacturer’s price list. That percentage discount will be used for the term of the contract. The bidder should provide with its bid response two (2) copies of the most current Published Manufacturer's Suggested Retail Price (MSRP) List as part of the solicitation package in a spreadsheet format or, as an alternative, provide an internet web link. In the event that an internet web link is not available, a printed copy of the Price List may be submitted. The Price List must clearly indicate:

1. The Catalog or Published Price List Number

2. The Effective Date

3. The Column Pricing Quoted

If not provided with submittal, the Vendor must submit within three (3) business days of City’s request; otherwise, the City may deem your bid as nonresponsive.

1.20 CLEAN UP

The awarded Bidder shall remove all unusable materials and debris from the work areas at the end of each workday and dispose of the same in an appropriate manner. Upon final completion, the awarded Bidder shall thoroughly clean up all areas where work has been involved.

1.21 ACCIDENT PREVENTION AND BARRICADES

Precautions shall be exercised at all times for the protection of persons and property. All Vendors performing services or delivering goods under this contract shall conform to all relevant OSHA, State and City regulations during the course of such an effort. Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the awarded Bidder. Barricades shall be provided by the awarded Bidder when work is performed in areas traversed by persons, or when deemed necessary by the City.

1.22 DEMONSTRATION OF EQUIPMENT

Intentionally Omitted

1.23 HOURLY RATE

Any hourly rate quoted shall be deemed to provide full compensation to the awarded Bidder for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight-time for all labor, except as otherwise noted.

1.24 MOTOR VEHICLE LICENSE REQUIREMENT

Bidders’ employees/staff, authorized/assigned to this project must possess a current valid license issued by the state of Florida Department of Agriculture and Consumer Affairs, and or proof of current licensure shall be submitted with bid.

1.25 PATENTS AND ROYALTIES

The awarded Bidder, without exception, shall indemnify and hold harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or as a result of, any copyrighted, patented, or unpatented invention, process, or article manufactured by the awarded Bidder. The awarded Bidder has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by awarded Bidder or is based solely and exclusively upon the City's alteration of the article. The City will provide prompt written notification of a claim of copyright or patent infringement.

Further, if such a claim is made or is pending, the awarded Bidder may, at its option and expense, procure for the City the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the City agrees to return the article on request to the awarded Bidder and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the awarded Bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the contract prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.

1.26 RELEASE OF CLAIM REQUIRED

Pursuant to Section 255.05, Florida Statutes, all payments to the awarded Bidder’s subcontractors shall be made within ten (10) days of receipt of the partial payment by the awarded Bidder. With the exception of the first partial payment, the awarded Bidder must pay all of its subcontractors and suppliers who have performed any work or supplied any materials for the project within ten

(10) days after receipt of the partial payment by the awarded Bidder for monies due such subcontractors and suppliers as a result of a percentage of the work completed. The awarded Bidder must provide the City's project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of claim from all subcontractors and suppliers who have performed any work or supplied any materials for on the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous partial payments to the awarded Bidder. In the event such affidavits cannot be furnished, the awarded Bidder may submit an executed consent of surety to requisition payment; identifying the subcontractors and suppliers with the amounts for which the statement of satisfaction cannot be furnished. If the awarded Bidder fails to provide a consent of surety to requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety to requisition payment is furnished.

1.27 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED

As part of its Bid, the Bidder must identify any subcontractors that will be used in the performance of the proposed work, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the subcontractor(s) with respect to experience, skill, responsibility and business standing shall be considered by the City when making the award in the best interest of the City. If the Bidder fails to identify any subcontractors in the Bid, the Bidder may be allowed to submit this documentation during the Bid evaluation period, if such action is in the best interest of the City.

Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City.

1.28 TRANSFER PROHIBITED

Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Agreement, or of any or all of its rights, title or interest herein, or its power to execute such Agreement to any person, company or corporation, without prior written consent of the City.

1.29 OTHER FORMS OR DOCUMENTS

If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this Solicitation, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder’s forms or documents.

1.30 FAILURE TO DELIVER OR COMPLETE WORK

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

1.31 STORAGE OF MATERIALS

Suitable storage facilities shall be furnished by the awarded Bidder. All materials, supplies and equipment intended for use in the work shall be suitably stored by the awarded Bidder to prevent damage from exposure, admixture with foreign substances, or vandalism or other cause. All hazardous materials must be stored in compliance with all pertinent requirements concerning their safe use and storage. The bidder will refuse to accept or sample for testing, materials, supplies or equipment that have been improperly stored, as determined by the Bidder. Materials found unfit for use shall not be incorporated in the work and shall immediately be removed from the construction or storage site. Delivered materials shall be stored in a manner acceptable to the City before any payment for same will be made. Materials strung out along the line of construction will not be allowed unless the materials will be installed within one week from the time of unloading and stringing out.

1.32 CORRECTING DEFECTS

The awarded Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within three (3) calendar days after the City notifies the awarded Bidder of such deficiency in writing. If the awarded Bidder fails to correct the defect, the City may procure the products or services from another source and charge the awarded Bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing.

1.33 PRESERVATION OF PROPERTY

The awarded Bidder shall preserve from damage all property along the line of the work, or which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by the plans. Wherever such property is damaged due to the activities of the awarded Bidder, it shall be immediately restored to its original condition by the awarded Bidder at no cost to the City. In case of failure on the part of the awarded Bidder to restore such property, or make good such damage for injury, the City may, after 48 hours’ notice to the awarded Bidder, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due, or which may become due the awarded Bidder under this contract.

1.34 OMISSIONS IN SPECIFICATIONS

The Statement of Work or description of items contained within this Solicitation describes the various work requirements deemed necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the Specifications and/or Statement of Work shall not relieve the awarded Bidder from furnishing, installing, or performing such work where required to the satisfactory completion of the project.

1.35 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS

The awarded Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the awarded Bidder in conjunction with this Solicitation and resultant Contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the awarded Bidder are found to be defective or do not conform to specifications: (1) the materials may be returned to the awarded Bidder at the awarded Bidder’s expense and the Contract cancelled or (2) the City may require the awarded Bidder to replace the materials at the awarded Bidder’s expense.

1.36 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW" REGULATIONS

The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace.

Accordingly, the awarded Bidder performing under this Contract is required to provide two (2) complete sets of Material Safety Data Sheets to the City for any products that are subject to these regulations. This information shall be provided at the time when the initial delivery is made, on a product-by-product basis.

END OF SECTION 1

SECTION 2

SCOPE OF WORK / SCOPE OF SERVICES

2.1 SCOPE

The selected vendor (“Contractor”) shall provide all equipment, materials, labor, tools, and incidentals for each task every year starting October 2026. Tree assembly and installation of North Pole villages must be completed between November 1st and November 20th each year.

The City may allow for installation as early as mid-October with special written approval.

1) The Contractor shall provide transportation of the 100’ aluminum tree, nine (9) North Pole village structures, branches/lights, decorations, skating rink, fencing, etc. from the City’s storage facility (434 S. Swinton Avenue) to the assembly site at Old School Square (refer to Exhibit A). The Contractor shall also be required to transport all aforementioned items from the assembly site back to storage facility within two (2) weeks of the City’s request.

Disassembly typically occurs during the 2nd or 3rd week of January (each year).

2) During performance of this work, the Contractor shall provide the professional services of a Florida Registered Professional Structural Engineer to certify the assembly and disassembly of the tree each year. If the Contractor intends to subcontract these professional services, the name, contact, and information of the subcontractor including copy of license shall be included with the bid.

3) The tree was purchased in 2017 from Crystal Valley Decorating, Inc. While there is currently no apparent structural damage to any of the sectional rings or supports to the tree, upon inspection by the Professional Structural Engineer, the tree and village structures may require maintenance and repair. The Contractor shall be required to perform all required maintenance and repair directed by the Structural Engineer during the course of the Work and throughout the season. The costs for any required tools, parts and materials needed for these repairs shall be included in the bid price. The City will not pay any additional costs for these repairs.

4) As directed by the City, the Contractor shall provide installation and removal of the nine (9) North Pole village structures (some are erected inside the base of the tree), installation and dismantling of the skating rink, fencing, ADA entrance/exit ramps with mulch, and electrical connections, which shall be supervised and inspected by the Professional Structural Engineer.

The villages are fully assembled and set-up/placement, as well as minor repairs/maintenance, is required. The Contractor shall provide assembly and disassembly of the 100’ tree frame and star, wiring harness, and branches, which shall be supervised and inspected by the Professional Structural Engineer.

5) The Contractor shall provide fluffing of tree branches, replacement of needed branches, decorations, installation of holiday LED lights, and replacement of any needed LED lights and electrical harness on the branches.

6) The Contractor shall pack and secure all components after each holiday season and delivery back to Swinton Operations Center, 434 S. Swinton Avenue, Delray Beach, FL.

7) The Contractor shall provide equipment rental and operators for a 100 TON crane, cherry picker, and forklift for the assembly and disassembly of the 100’ tree and North Pole Villages, in addition to any other equipment the Contractor deems necessary to implement the work.

8) The Contractor shall excavate existing sod (including replacement of sodding and restoration of site after holiday season) from the concrete foundation, replace and repair all damaged connector lugs and connector plates which will be supervised and inspected by the Professional Structural Engineer. The bottom rung of the tree is anchored to a concrete footer (metal plates and bolts) designed for the assembly of the tree. The Contractor shall replace all damaged sprinklers and utility boxes during construction and supply all missing or damaged hardware necessary for the complete assembly of tree and villages each year.

9) As and when required, the Contractor shall work with the City in identifying any electrical connection concerns during the assembly of the tree and villages. Should any electrical work require a licensed electrician, City staff will perform those electrical services.

10) The Contractor shall take all responsibility for safely transporting City-owned displays to and from storage facility to assembly site. No assistance will be provided by City staff.

END OF SECTION 2

SECTION 3

EXHIBITS

EXHIBIT A – Structural Analysis

END OF SECTION 3

SECTION 4

BID SUBMITTAL SIGNATURE PAGE

This Page and all following pages comprise your original Bid Submittal package.

Please also attach any additional information or documentation requested in this Invitation to Bid.

There is no need to include the preceding Sections 1 and 2 in your Bid Submittal package.

By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions.

Firm Name: ____________________________________________________________________

Street Address: _________________________________________________________________

Mailing Address (if different than Street Address):

Telephone Number(s): _________________________________________

Fax Number(s): _______________________________________________

Email Address: ________________________________________________

Federal Employer Identification Number: _____________________________________________

Signature: _____________________________________________________________________ (Signature of authorized agent)

Print Name: ___________________________________________

Title: _________________________________________________

By signing this document, the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement.

THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 120 DAYS, AND THE BIDDER’S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF

ITS OFFER.

END OF SECTION 4

SECTION 5

PRICING SCHEDULE

5.1 PRICES AND RATES

Bids will be accepted through a secure mailbox at Bidnet Direct (https://www.bidnetdirect.com/florida/cityofdelraybeach) until the Deadline for Submission as indicated in this ITB. The City will only accept electronic bids for this ITB. Late Bids will not be accepted.

In addition to the “Place Offer” bid submission section, the Bidder shall indicate in the spaces provided, the firm and fixed prices and rates offered to the City for the goods and/or services described below.

Item No. Item Name Description Quantity Unit

Price per Year

1 Transportation of Christmas Tree and North Pole Villages

All labor, supervision, materials, tools, equipment, hardware and incidentals to provide transportation from the City’s storage facility (434 S. Swinton Ave.) to the assembly site (Old School Square – 51 N. Swinton Ave.) as well as from the assembly site back to the storage facility for the 100’ aluminum tree, nine (9) North Pole village structures, branches/lights, decorations, star with supports, skating rink, fencing, etc.

1 Lump Sum

2 Preparation and Restoration of Concrete Foundation

All labor, supervision, materials, tools, equipment, hardware and incidentals to properly establish the site ready for the installation of the 100' tree, as well as restoration of the site after disassembly of the 100' tree. Includes excavating existing sod (including replacement of sodding, irrigation, and restoration of site after holiday season) from the concrete foundation and replace any/all damaged connector lugs and connector plates which must be supervised/inspected by the Professional Engineer and the City.

Replace any/all damaged sprinklers and utility boxes during construction.

Supply any/all missing or damaged hardware necessary for the complete assembly of tree and villages each year.

Price per Year

3 Electrical Connections

All labor, supervision, materials, tools, equipment, hardware and incidentals to properly establish electrical service for the installation of the 100' tree.

Includes providing needed electrical connections/services to the site (tree, villages, and holiday carousal). Should any electrical work be required, Contractor shall employ a licensed electrician to perform the required electrical work.

4 Equipment Operator and Rental of Crane, Cherry Picker and Forklift

All labor, supervision, materials, tools, equipment, hardware and incidentals to provide equipment operator and rental of a 100 Ton Crane service (includes all rigging and supporting systems to protect the villages), cherry picker, and forklift for the assembly and disassembly of the 100’ tree and North Pole villages structures.

5 Florida Registered Professional Structural Engineer Oversight and Inspection

Provide the oversight and inspection services of a Florida Registered Professional Structural Engineer to inspect, supervise, and certify the assembly/disassembly of the tree each year. A detailed inspection report of all structural members and fasteners must be included in the report. All structural members that do not pass inspections shall be replaced (not repaired) within contracted price.

6 Assembly and Disassembly of Christmas Tree and North Pole Villages

All labor, supervision, materials, tools, equipment, hardware and incidentals to provide assembly and disassembly of 100’ tree frame and star, wiring harness, and branches, which will be supervised/inspected by the Professional Engineer. All broken decorations shall be replaced within contracted price.

Price per Year

7 Tree Branches, Decorations, LED Lights and Electrical Harness

All labor, supervision, materials, tools, equipment, hardware and incidentals to provide fluffing of tree branches, replacement of needed branches, decorations, installation of holiday LED lights, and replacement of any…