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City of Bradenton

INVITATION TO BID

26-018MK

FY26 KINGSTON ESTATES WATER MAIN IMPROVEMENTS

RELEASE DATE: January 15, 2026

RESPONSE DEADLINE: February 12, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

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Table Of Contents

1. INTRODUCTION

2. INSTRUCTIONS TO BIDDERS

3. GENERAL TERMS AND CONDITIONS OF SOLICITATIONS

4. PRICE PROPOSAL

5. IFB SUBMITTAL REQUIREMENTS

6. ATTACHMENTS

Attachments:

A - Standard General Conditions

B - Supplementary Conditions

C - Plans

D - Technical Specifications

E - Other Contract Forms

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INTRODUCTION

1.1 Summary

City of Bradenton (“City”), will receive bids on the date indicated in OpenGov for the purpose of selecting a

Contractor to provide construction of 8-inch polyvinyl chloride (PVC) water mains by open-cut method including valves, fittings, fire hydrants, and water meters; removing trench asphalt pavement; abandoning existing water main: disinfecting and testing; final milling and paving; and other appurtenances and materials as specified in the solicitation documents.

1.2 Timeline

Release Project Date: January 15, 2026

Pre-Proposal Meeting (Non-Mandatory): January 22, 2026, 11:00am

City of Bradenton Department of Public Works and Utilities Conference Room 805, 888 13th Ave. E, Bradenton, Florida 34208.

Question Submission Deadline: January 29, 2026, 10:00am

Response Submission Deadline: February 12, 2026, 2:00pm

1.3 Contact Information

Marcus Kerber Department:

Contract Specialist Public Works marcus.kerber@bradentonfl.gov

(941) 932-9430

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INSTRUCTIONS TO BIDDERS

2.1 PURPOSE

The City of Bradenton (“City”), a political subdivision of the State of Florida, will receive bids on the date indicated in OpenGov to select a Contractor to provide materials and/or services as stated herein. Bidders are required to comply with the Technical Specifications listed in the ATTACHEMENTS section of this IFB.

A public bid opening will be held in accordance with Florida Statutes Chapter 255.0518. The public bid opening will take place on the bid end dated and time listed in OpenGov, or as soon thereafter as possible. The location of the public bid opening will be posted in OpenGov and on the City’s Calendar of Events.

2.2 BIDDER

A. For the purpose of this IFB, the term “Bidder” is defined as the legal entity submitting the bid and/or identified on the electronic bid submittal.

B. Bidders intending to submit an offer as a joint venture with another company must provide documentation attesting to the formation of that joint venture with their submittal. For purposes of this solicitation, all vendors who make up the joint venture will be considered together as the Bidder.

C. Bidders proposing to engage in construction contracting as a joint venture or partnership must apply for registration with the State of Florida, Department of Business and Professional Regulation and any other state or local licensing agencies, as required by Florida State Statute 489.119, prior to the date bids are due.

2.3 CONTRACTOR QUALIFICIATIONS

A. To be deemed responsible, Bidder must demonstrate they meet each criterion listed below.

B. Some criteria may be satisfied by either the Bidder or its subcontractor (when subcontractor is identified below.

C. Bidder must be prepared to submit, within five (5) business days of the City’s request, written evidence of documents, such as financial data, additional data related to previous experience, qualifications and previous experience, qualification and previous experience of superintendents and assistants, and evidence of authority to conduct business in the jurisdiction where the project is located. The following criteria must be met:

1. Bidder must have performed a project that included at least 3,000 linear feet of stormwater piping

(must be met twice).

2. At least one (1) of the project references for criteria C.1 above must have had a minimum cost of not less than $1,000,000.

D. Demonstrated Experience Requirements - For each criterion met through demonstrated experience, the following requirements shall apply:

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1. The Bidder must be a licensed General Contractor, authorized to do business within the jurisdiction(s) where the project is to be constructed. License(s) must be active at the time of bid opening.

2. Bidder must complete and submit with their bid three (3) Contractor Qualification Form(s) (CQF) demonstrating their experience completing projects similar in size and scope to this project. When a subcontractor is used to qualify the Bidder, the subcontract must be listed on the CQF and be part of the Bidder’s team for the project.

3. Each project reference must have been successfully completed within the last ten (10) years preceding the bid opening date and must have been for commercial, industrial or government projects.

4. Only projects references submitted on the CQF at the time of bid submittal will be used to verify demonstrated experience.

2.4 ALTERNATES

A. Unless otherwise specifically provided in Technical Specifications listed in the ATTACHMENTS section of this IFB, reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a minimum standard of quality and shall be construed as limiting competition.

B. If a Bidder wishes to make a substitution in the specifications, the Bidder shall furnish to the City the name of the manufacturer, the model number, and other identifying data and information necessary to aid the City in evaluating the substitution. Any such substitution shall be subject to City approval.

Substitutions shall be approved only if determined by the City to be equivalent to the prescribed specifications.

C. To be considered, substitutions must be submitted to the contract listed in OpenGov no later than the

Question-and-Answer deadline listed in OpenGov. Substitutions must be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, and appropriate attachments. The City shall respond via addendum in OpenGov indicating whether the substitution has been approved or denied.

D. A bid containing a substitution that has not been approved by the City shall be disqualified.

2.5 PRE-BID CONFERENCE AND/OR SITE VISIT

A. A non-mandatory pre-bid meeting is scheduled for Thursday, January 22, 2026 at 11:00 amat City of

Bradenton Department of Public Works and Utilities Conference Room 805, 888 13th Ave. E, Bradenton, Florida 34208..

B. When applicable, Bidders are advised to visit each location to familiarize themselves with all work areas. Failure to do so will in no manner relieve the Bidder from furnishing materials or services that https://procurement.opengov.com/portal/cityofbradenton/projects/228302/document?section=2157575

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C. Questions asked at a pre-bid conference will be formally answered via an addendum. Bidders shall not rely on oral communications.

2.6 SUBMITTAL INSTRUCTIONS

A. Proposal must be submitted electronically in OpenGov no later than the bid end date specified in

OpenGov. OpenGov will not accept any submittals past the due date and time. Proposals submitted by any other method will not be accepted. The City assumes no responsibility for any Proposals received after the bid end date. Late submittals will not be accepted.

B. Proposals submitted cannot be viewed by anyone other than the Proposer until the official bid opening occurs. Submitted proposals will be made public in accordance with Florida Public Record laws found in

Chapter 119.071(b)2, Florida Statutes.

2.7 SUBMITTAL REQUIREMENTS

A. Electronic Forms - The forms below are provided in the IFB SUBMITTAL REQUIREMENTS section.

Failure to complete and submit any of the forms listed below with a submittal may cause a Proposer to be declared non-responsive.

1. Interest in Competitive Bid Form

2. Florida Trench Safety Act

3. Non-Collusive Form

4. Public Entity Crimes Form

5. Negligence or Breach of Contract Form

6. Anti-Human Trafficking Affidavit

7. SunBiz Registration Documentation

8. Lobbying

9. Contractor Qualification Form(s)

10. Bid Bond Form

B. Certifications - The following certifications must be made in the IFB SUBMITTAL

REQUIREMENTS section. Failure to certify will cause the Proposer to be declared non-responsive.

1. Examination of Documents

2. Scrutinized Companies

3. Drug-Free Work Place https://procurement.opengov.com/portal/cityofbradenton/projects/228302/document?section=undefined https://procurement.opengov.com/portal/cityofbradenton/projects/228302/document?section=2157574

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C. Documents: In addition to the forms and certifications listed above, the documents listed below are provided and must be completed and uploaded as an attachment with your submittal. Failure to provide any of the required documents with your bid submittal may cause a Bidder to be declared non-responsive.

1. Post Proposal shall be submitted through the PRICE PROPOSAL section of this IFB.

2.8 BOND REQUIREMENTS

A. Bid Bond

1. Bidder must upload a copy of its Bid Bond with its submittal in the IFB SUBMITTAL REQUIREMENTS section of this IFB. Upon notification by the City, the apparent low bidder must deliver the original

Bid Bond (or cashier’s check) to theMarcus Kerberwithin five (5) business days of the notification.

2. A copy of the bid bond or certified cashier’s check payable to the City Council equal to 5% of the total bid must be uploaded in OpenGov as part of the bid submittal. Any issuer of a bid bond must be licensed to transact a fidelity and surety business in the State of Florida, with an A.M. Best rating of B+ (Very Good or better if Contractor’s bid is under $500,000.00, and A- (Excellent) or better if

Contractor’s bid is over $500,000.00.

B. Performance and Payment Bond

1. For bids (including contingency amounts) of $200,000.00 or more, a performance and payment bond of 100% of the contract amount shall be required. Any bond company submitting a performance and payment bond to the City of Bradenton Government must be licensed to transact a fidelity and surety business in the State of Florida and shall have an A.M Best rating of: if bond is under $500,000.00 “B+” (very good) or better, and over $500,000.00 “A-“ (excellent) or better, and

“T” Underwriting Limitation not exceeded by this project’s bond.

2. Execution of Bonds and Power of Attorney

a. If the successful Bidder is a partnership, each bond should be signed by each of the individuals who are partners; if a corporation, the bonds should be signed in the correct corporate name by a duly authorized officer, agent or attorney-in-fact. The appropriate number of bonds should be executed to correspond to the number of signatories to 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 successful Bidder or surety; (c) duly certified extract from by-laws or resolution of Surety under which power-of-attorney or other certificate of authority of its agent, officer or representative was issued.

b. Attorneys-in-fact who sign bid bonds or performance and payment bonds must file with such bond a certified copy of their power-of-attorney to sign such bonds. Attorney-in-fact must place name, address, and telephone number on this certificate.

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2.9 BID REQUIREMENTS

A. The estimated quantities of work and materials stated in the bid form are approximate only and are intended to be used solely for the comparison of bids. Estimated quantities are not guaranteed. Actual quantities may be more or less than the estimates.

B. Payment to the Contract will be made only for the actual quantities of work performed or materials furnished in accordance with the contract documents.

C. It is understood that quantities may be increased, decreased or deleted as provided in the contract documents without invalidating any of the unit prices bid.

D. The Bidder shall carefully examine the site of the work, the plans, and other bid documents for the work contemplated. It is the responsibility of the Bidder to investigate and become fully informed of the construction and labor conditions, of obstructions to be encountered, of the character, quality and quantities of work to be performed, materials to be furnished, and requirements of the contract documents. Failure to do so does not relieve a successful Bidder of his obligations to furnish all materials, equipment, and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work for the consideration set forth in this bid.

E. Submission of a bid constitutes an incontrovertible representation that the Bidder has complied with every requirement of this paragraph and that bid documents are sufficient in scope and detail to indicate and covey understanding of all terms and conditions for performance of work.

F. Should the Bidder discover any ambiguity, inconsistency, or error, Bidder will be required to seek an interpretation as described above in advance of submitting the bid or otherwise will be prohibited from taking advantage of such ambiguity, inconsistency or error. If Bidder has not received a written clarification on an ambiguity, the Bidder shall be required to submit their bid on the basis of the highest price necessary to complete the task in question.

2.10 AWARD

A. It is the intent of the City to award a contract to the responsive and responsible Bidder submitting the lowest Total Bid Price provided the bid is reasonable and in the best interest of the City to accept.

B. In the event of a tie, the IFB tie-breaking procedures identified in the General Terms and Conditions of

Solicitations will apply.

C. The Bidder agrees, if this Bid is accepted, to contract with Bradenton City Council to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to construct the work covered by the bid and other contract documents.

2.11 QUALITY GUARANTEE

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A. Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work specified by this solicitation shall be new and of the most suitable grade for the purpose intended.

B. Except where specifically noted, references to any equipment, material, article or patented process, by trade name, brand name, make or catalog number shall be regarded as establishing a level of quality, performance, warranty, etc. required and shall not be construed as limiting competition.

2.12 FAILURE TO EXECUTE CONTRACT

Following the bid opening and review of the bid(s), the City will post a Notice of Recommended Award. After posting the Notice of Recommended Award, the city will forward to the successful Bidder contract(s) and related documents to be executed. If within ten (10) days the successful Bidder does not execute the contract documents and furnish the required bonds properly signed by the successful Bidder and the surety or sureties satisfactory to the City, along with the insurance as required in the contract documents, the successful Bidder may be deemed to be in default and the city may retain their bond. Award may then be made to the next lowest responsive and responsible bidder or all bids may be rejected.

2.13 CITY WORKPLACE POLICY COMPLIANCE

A. Smoking – Smoking is not permitted inside any City facility. Smoking is restricted to designated smoking areas outside a facility.

B. Parking – The Bidder’s representatives shall abide by all parking restrictions. The Bidder’s vehicles are subject to the same restrictions, limitations, fines and tickets as posted for any other vehicle. Where time limit restriction exceeds the required time to provide services, arrangements shall be made in advance.

C. Alcohol/Drugs – Service personnel under the influence of alcohol and/or non-prescription drugs are not permitted to work in City facilities. Any person known or thought to be under these influences will be escorted off City property.

D. Security – The Bidder must adhere to all the City of Bradenton security procedures. The Bidder’s work force shall be made up of persons legally authorized to perform work in the United States. The Bidder shall at the City’s request, submit the following information for each of their employees: name, date of birth, social security number and green card (if applicable).

E. Identification - The Bidder shall require all employees to visibly wear identification while on City property. Said identification shall contain a color photograph of the employee, the name of the employee and the name of the company. Persons not conforming to this requirement may be denied access to the building. Denial of access does not alleviate the Bidder’s responsibilities herein.

2.14 LOCAL AGENCY PROGRAM

Not Applicable

2.15 APPLICABLE CONSTRUCTION CONTRACT PROVISIONS

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The following terms will be utilized when drafting the resulting contract.

A. Time for Performance

1. The Contract Specifically agrees that contract time will begin won the date both the Project

Purchase Order and/or Notice to Proceed have been issued.

2. Upon completion of the Procurement Period, a Notice to Proceed (NTP) for construction work shall be issued to the Contractor. All construction work shall be issued to the Contractor. All construction work to be performed under the provisions of the this contract shall be completed to

Substantial Completion in not more than one hundred eighty days (180) calendar days.

B. Liquidated Damages

The amount of liquidated damages to be assessed for each calendar day that Substantial Completion is delayed beyond the required date of Substantial Completion shall be five hundred dollars ($500) per day. The amount of liquidated damages to be assessed for each called day that Final Acceptance is delayed beyond the required date of Final Acceptance shall be five hundred dollars ($500) per day.

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GENERAL TERMS AND CONDITIONS OF SOLICITATIONS

3.1 SUBJECT TO THESE TERMS

All Offers submitted are subject to the terms and conditions specified herein (the “Terms and Conditions”).

Offers which do not comply with these conditions are subject to rejection. These Terms and Conditions are subject to the order of precedence set forth in Section 4.3 below.

3.2 DEFINITIONS

A. City shall mean City of Bradenton

B. Offer shall mean the response submitted by an offeror to the City’s solicitations

C. Offeror shall mean the legal entity or individual submitting an Offer to the City in response to a solicitation. Offeror may also be referred to in solicitation documents as bidder, consultant, firm proposer, vendor or contractor.

D. Solicitation shall mean a document or documents released by the City of Bradenton for the purpose of obtaining goods or services. Solicitation shall be considered the same as an Invitation for Bid (IFB), Request for Proposal (RFP) or any other title designated by the City to solicit goods or services.

E. Evaluation Committee shall mean those individuals approved by the City Administrator, or designee, to evaluate Offers.

3.3 ORDER OF PRECEDENCE

If a conflict arises between these “Terms and Conditions”, the following ORDER OF PRECEDENCE will apply:

A. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services”

B. City of Bradenton Procurement Code and Ordinances and Policies

C. Special Conditions and Supplemental Instructions

D. Detailed Scope of Work

E. These Terms and Conditions

3.4 AVAILABILITY OF DOCUMENTS

A. All documentation related to the Solicitation shall be available through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/cityofbradenton.

B. It is solely the responsibility of each Offeror to ensure they have obtained current copies of all documents issued by the City in relation to any Solicitation.

C. Only documents obtained directly through https://procurement.opengov.com/portal/cityofbradenton are official versions. Offerors who rely on any other sources for such documents, do so at their own risk.

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3.5 CLARIFICATION & ADDENDA

A. Any inquires, suggestions or requests concerning interpretations, clarification or additional information pertaining to the Solicitation shall be submitted electronically via OpenGov. All questions must be received no later than the deadline for questions specified in the solicitation. No verbal requests for information will be honored. All responses to inquiries will be posted in OpenGov.

B. The electronic response posted in OpenGov is the only official method whereby interpretations, clarifications or additional information will be provided. It shall be the responsibility of each Offeror, to visit https://procurement.opengov.com/portal/cityofbradenton and determine if addenda were issued and to make sure any such addenda are a part of the Offer.

C. The City shall not be responsible for oral interpretations or representations made by City employees, representatives or third parties. Any questions raised at a pre-solicitation meeting will be formally answered in an addendum.

D. By submitting an Offer, Offerors acknowledge receipt of any and all issues addenda, and agree to the provisions of each.

3.6 GOVERNMENTAL RESTRICTIONS

In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered in the Solicitation prior to delivery, it shall be the responsibility of the Offeror to immediately notify the Purchasing Division in writing, indicating in such notice the specific regulation requiring an alteration. The City reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the resulting contract at no further expense to the City.

3.7 PUBLIC MEETINGS

Notice of any public meeting pertaining to the Solicitation shall be posted on the City calendar.

3.8 RESPONSIVENESS TO SOLICITATION REQUIREMENTS

A. To be responsive, an Offeror shall submit an Offer that conforms in all material respects to the requirements set forth in the Solicitation.

B. Failure to submit the required forms and information in the manner specified may result in the Offer being found non-responsive, at the sole discretion of the City.

C. Offerors are required to submit pricing on forms supplied by the City. Offers, may be deemed non-responsive if required forms are not used and duly sign by an authorized representative of the Offeror.

D. The City objects to and shall not consider any additional terms or conditions submitted by an Offeror, including any appearing in documents attached as part of the Offer, that are inconsistent with these

Terms and Conditions. In submitting an Offer, Offeror agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with

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Offer, shall be grounds for rejecting an Offer.

3.9 QUALITY GUARANTEE

A. Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by any resulting contract shall be new and of the most suitable grade for the purpose intended.

B. If any product/service delivered does not meet performance representations or other quality assurance representations as published by manufacturers, producers or distributors of such products or the specifications listed in this solicitation, the Offeror shall pick up the product of the City at no expense to the City. The City reserves the right to reject any or all materials if, in its judgement, the item reflects unsatisfactory workmanship or manufacturing or shipping damage. Also, the Offeror shall refund the City any money which has been paid for same.

3.10 RESPONSIBILITY

A. To be responsible an Offeror shall have the demonstrated capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will ensure good faith performance. The City reserves the right to make such investigations as it deems necessary to determine the ability of any Offeror to deliver the goods or services requested in accordance with the Solicitation documents to City’s satisfactions within the prescribed time.

B. The Offeror shall provide information the City deems necessary to make this determination. Such information may include, but not limited to: project references, current financial statements, projected project schedule(s), verification of availability of equipment and personnel, evidence of authority to conduct business in the jurisdiction where services are being provided, and past performance records.

C. The City may review any scope of work with an Offeror before accepting the offer. Before award of a resulting contract, the Offeror shall furnish to the City an analysis of its prices, if requested to do so.

3.11 PROPOSAL DELIVERY AND SUBMISSION REQUIREMENTS

A. All documentation related to the Solicitation shall be available through the City e-Procurement Portal located at https://procurement.opengov.com/portal/cityofbradenton.

B. Trade Secrets – To the extent Offeror desires to maintain the confidentiality of materials deemed

“trade secrets” pursuant to Florida law, such material must be segregated from the portions of the

Offer that are not being declared as “trade secrets.” In addition, Offeror shall cite, for each trade secret being claimed on each relevant page, the Florida Statute which supports the designation. Further, Offeror shall offer a brief written explanation as to why information claimed as trade secret fits the cited statute number. Upon receipt of any request or demand by any person seeking release of

Offeror’s “trade secrets”, the City shall immediately notify Offeror in writing of such request, demand

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C. Solicitation Opening

1. To the extent required by law, the opening of the Offers shall be publicly opened on the date and at the time specified on the Solicitation. It is the Offeror's responsibility to assure that the Offer is delivered at the proper time and place for the opening. Offers, which for any reason are not so delivered, will not be considered. Offers by fax or telephone are not acceptable. An Offer may not be altered after the opening of the Offers.

2. All Offer documents shall be submitted in writing, signed by the Offeror or the Offeror's duly authorized agent, and shall be submitted as instructed on page one prior to the date and time scheduled for the opening of Offers.

3. The Purchasing Manager, or designee, shall publicly open, in the presence of a witness, all Offers at the time and place specified in the Solicitation.

D. An Offeror may withdraw an Offer any time prior to the opening of the Solicitation. After Solicitations are closed, but prior to award of the contract by the City Council or City Administrator, the City

Administrator, or designee, may allow the withdrawal of an Offer because of the mistake of the Offeror in the preparation of the Offer. In such circumstance, the decision of the City Administrator, or designee, to allow the Offer withdrawal, although discretionary, shall be based upon a finding that the

Offeror, by clear and convincing evidence, has met each the following four conditions:

1. The Offeror acted in good faith in submitting the Offer,

2. The mistake in the preparation of the Offer was of such magnitude that to enforce compliance by the Offeror would cause a severe hardship on the Offeror,

3. The mistake was not the result of gross negligence or willful inattention by the Offeror; and

4. The mistake was discovered and was communicated to the City prior to the City Council or City

Administrator formally awarding the resulting contract.

3.12 SOLICITATION EXPENSES

Offeror shall bear all costs and expenses incurred in developing, preparing, and submitting an Offer. This includes any expense related to demonstrations or the providing of sample materials or items requested by the City.

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3.13 IRREVOCABLE OFFER

As indicated above, any Offer may be withdrawn until the date and time set for opening of the Offers. All withdrawals must be requested in writing via email or letter. Any Offer not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of one-hundred and twenty (120) days, unless specifically provided by the Solicitation, in which event that time period will prevail.

3.14 TIE BREAKING

A. IFB Tie Breaking Procedures

1. When two or more Offers for goods or services are determined to be equal with respect to price, quality and service, the Offer received from the business that certifies it has implemented a drug-free workplace program pursuant to Section 287.087; Florida Statutes, shall be given preference in the award process. If all of the tied Offerors have certified that they are drug-free workplaces, award shall be determined by coin toss conducted by the Purchasing Manager before at least one witness.

B. RFP Tie Breaking Procedures

1. In the event of any tie (in the ranking criteria) the following may take effect:

2. If there is a tie (two or more firms have the same number of 1st place rankings), then the firms that has the highest number of 1st place and 2nd place rankings shall be the first ranked firm. This method shall be used for all ties.

3. If there is a tie (two or more firms) having the same number of 1st and 2nd place rankings and both

Offerors have certified it has implemented a drug-work place program pursuant to Section

287.087; Florida Statutes, award shall be determined by a coin toss conducted by the Purchasing

Manager before at least one witness.

3.15 PROTEST

A. Protests are processed in accordance with the procedures set forth in the City of Bradenton’s Protest

Policy, which can be obtained on the City’s website.

3.16 INSURANCE

Before performing any services, awarded Offeror shall procure and maintain, during the life of the resulting contract, unless otherwise specified, the insurance listed below. The insurance policies shall be primary and written on forms acceptable to the City and placed with the insurance carriers approved and licensed by the

State of Florida Office of Insurance Regulation and meet a minimum financial AM Best Company rating of no less than "A-Excellent: FSC VII."

The City, its officers, agents, and employees, shall be named as additional insureds on all policies required

(excluding worker’s compensation). No changes may be made to these specifications without specific prior written approval of the City. The City shall retain the right to review, at any time, coverage, form, and amount of insurance.

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Workers’ Compensation/Employers Liability:

Part One - There shall be no maximum limit (other than as limited by the applicable statute) for liability imposed by Florida Workers' Compensation Act or any other coverage required by the Agreement which are customarily insured under Part One of the standard Workers' Compensation Policy.

Part Two - The minimum amount of coverage required by the Agreement which are customarily insured under

Part Two of the standard Workers' Compensation Policy shall be:

(Each Accident) $100,000

(Disease-Policy Limit) $500,000

(Disease-Each Employee) $100,000

Commercial General Liability.

The limits are to be applicable only to services performed under the Agreement and shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement (ISO Form CG 2503) a Commercial General Liability Policy with the following minimum limits.

General Aggregate:

Products/Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Each Occurrence $1,000,000

Fire Damage (Any One Fire) $Nil

Medical Expense (Any One Person) $Nil

ADDITIONAL INSURED: The City of Bradenton, a political subdivision of the State of Florida shall be specifically named as additional insured on the Commercial General Liability Policy.

Business Auto Policy

Each Occurrence Bodily Injury and

Property Damage Liability Combined $300,000

Annual Aggregate (if applicable) $1,000,000

ADDITIONAL INSURED: The City of Bradenton, a political subdivision of the State of Florida, shall be specifically named as additional insured on the Business Auto Policy.

ADDITIONAL OR OPTIONAL INSURANCE (Depends on project requirements.)

Umbrella Liability

N/A unless being used to meet underlying coverage requirements.

Liquor Liability

All awarded Offerors serving alcohol as part of the scope of the Solicitation will be required to obtain Liquor

Liability insurance.

Miscellaneous Insurance

All other types of insurance as required by the scope of work or specifications.

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Professional Liability

If applicable, in the minimum amount of $1,000,000.

Hazardous Material

If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out a resulting contract, no further work is to be performed in the area of the hazardous materials until the Project Manager and City’s Risk Management Department has been consulted as to the potential need to procure and maintain any or all of the following coverage through a change order to the project.

Contractor/Vendor’s Pollution Liability

For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under a resulting contract including, but not limited to, all hazardous materials identified under a resulting contract.

Asbestos Liability

For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under a resulting contract.

Disposal

When applicable, the awarded Offeror shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance covering liability for sudden and accidental occurrences in an amount not less than $1,000,000 per claim and $2,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $1,000,000 per claim and

$2,000,000 in the aggregate.

Hazardous Waste Transportation

When applicable, the awarded Offeror shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability Insurance and Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $2,000,000 annual aggregate and provide valid EPA identification number.

The Certificates of Insurance (COI) shall clearly state the hazardous materials exposure work being performed under this Agreement.

Builder’s Risk

When applicable, special form coverage shall include, but not be limited to:

A. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to a resulting contract;

B. Theft coverage;

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C. Waiver of Occupancy clause endorsement;

D. Limits of insurance to equal 100% of the insurable completed agreement amount of such additions, or structures, on an agreed amount/replacement cost basis;

E. Maximum deductible clause of $50,000 each claim.

Certificates of Insurance and Copies of Policies

Certificates of Insurance in triplicate evidencing the insurance coverage specified herein shall be filed with the

Purchasing Division before services begin. The required certificates of insurance shall name the types of policy, policy number, date of expiration, amount of coverage, companies affording coverage, and also shall refer specifically to the Agreement. All insurance policies required herein shall be issued by companies that are authorized to do business under the laws of the State of Florida and hold an A.M. Best rating of A- or better.

Insurance, as specified herein, shall remain in force and effect for the duration of the Agreement, including any warranty periods.

Complete Policies:

The entire and complete insurance policies required herein shall be provided to the City on request. If the initial insurance expires prior to the completion of services by the awarded Offeror, renewal certificates of insurance and required copies of policies shall be furnished by the awarded Offeror and delivered to the

Purchasing Official thirty (30) days prior to the date of their expiration. Nothing herein shall in any manner create any liability of the City in connection with any claim against the awarded Offeror for labor, services, or materials, or of subcontractors; and nothing herein shall limit the liability of the awarded Offeror or its sureties to the City, or to any workers, suppliers, material men or employees in relation to the resulting contract.

By way of its execution of the resulting contract, awarded Offeror:

A. Represents that awarded Offeror maintains, and will maintain during the term of the resulting contract, insurance coverage from responsible companies duly authorized to do business in the State of Florida and deemed acceptable to the City; and

B. Agrees that insurance should not be cancelled without thirty (30) days’ notice to the City and must be endorsed to provide same. Failure of the awarded Offeror to obtain and maintain proper amounts of insurance at all times as called for herein shall constitute a material breach of the resulting contract, which may result in immediate termination.

Certification Requirements – In order for the certificate of insurance to be accepted it must comply with the following:

A. The certificate holder shall be:

The City of Bradenton, A political subdivision of the State of Florida

101 Old Main Street

Bradenton, FL 34205-7865

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B. Certificate shall be mailed to:

The City of Bradenton

101 Old Main Street

Bradenton, FL 34205

Attn: Purchasing

3.17 SUNBIZ

All Offerors shall be registered under the State of Florida to perform the services required in the Solicitation.

Registration Certificate to be provided by the Florida Department of State, Division of Corporations, establishing an Offeror as eligible to conduct business in the State of Florida. Please refer to website:

www.sunbiz.org.

3.18 RESERVED RIGHTS

A. The City reserves the right to accept or reject any or all Offers, in whole or in part, for any reason whatsoever, to waive minor irregularities and technicalities, and to request clarifications or additional information from Offerors.

B. The City reserves the right to accept all or any part of the Offer and to increase or decrease quantities to meet additional or reduced requirements of the City.

C. Any sole Offer received by the submission date may or may not be rejected by the City Administrator or designee. In the event the City rejects the sole Offer, it may elect to negotiate with any responsible provider.

D. The City Administrator or designee, reserves the right to cancel a Solicitation at any time and to cancel any recommended award or recommended contract at any time prior to execution.

E. Offerors are advised that any person, firm, or other party to whom they propose to award a subcontract must meet all minimum qualifications as stated in the Specifications.

F. Unless otherwise stated in the Solicitation, any resulting contract resulting from the Solicitation is non-exclusive. The City reserves the right, in its sole opinion, to purchase goods or services listed in the

Solicitation through the State of Florida Contracts, cooperatives, other current government contracts, and non-profit contracts as provided in the City’s Procurement Code. The City reserves the right to solicit separate requirements that are a portion of a larger contract as a whole. Additionally, at the

City’s sole option, additional contracts may be entered into as a result of such situations as unusual volumes, time/delivery requirements, special requirements, other brands, lease, project specific requirements, or similar situations.

G. The City reserves the right to correct formula errors on forms provided by the City for use by the

Offeror.

H. After award of the Solicitation, the City reserves the right to add or delete items/services at prices to be negotiated at the time of addition or deletion. At contract renewal time(s) or in the event of https://www.sunbiz.org/

Revised 12.19.24 Invitation To Bid #26-018MK Title: FY26 Kingston Estates Water Main Improvements Page 20 of 40 significant industry wide market changes, the City may negotiate justified adjustments such as price, terms, etc., to this contract when the City, in its sole judgment, considers such adjustments to be in the best interest of the City. The City may or may not require the prospective Offeror to participate in negotiations and to submit additional technical information or other revisions to their Offer as may result from the negotiations.

I. If a resulting contract is terminated, the City reserves the right to go to the next lowest responsive

Offeror with the balance of the resulting contract, unless otherwise stated in the Solicitation.

J. The City reserves the right to refuse to award to any Offeror based upon prior contractual relationships between that Offeror, or a substantially related person or entity, and the City. This shall include, but is not limited to, situations in which the Offeror or, a substantially related person or entity, has had its contractual relationship with the City terminated or issued notice of default within three (3) years of the date of the issuance of the Solicitation.

K. Any awarded Offeror or subcontractor that will have access to City facilities or property may be required to be screened to a level that may include but is not limited to; fingerprints, statewide criminal and juvenile records check. There may be fees associated with these procedures. These costs are the responsibility of the Consultant or subcontractor.

3.19 CONTACT WITH CITY STAFF

A. After the issuance of the Solicitation, prospective Offerors or any agent, representative or person acting at the required of such Offer shall not contact, communicate with or discuss any matter relating in any way to the solicitation with any officer, agent, or employee of the City, including members of the

Evaluation Committee, other than the Purchasing Manager or Purchasing Analyst named in the

Solicitation. Failure to comply with this provision may result in the disqualification of the Offer, at the option of the City.

B. This prohibition begins with the issuance of any solicitation and ends upon issuance of a purchase order or execution of a resulting contract, whichever comes first, or upon cancellation of the solicitation. Violation of this prohibition may result in the Offeror being considered non- responsible.

C. Notwithstanding the forgoing, during the negotiation period, Offeror may communicate with those members of the City staff, consultants, or third parties designated by the City.

3.20 COLLUSION

A. By submitting an Offer to a Solicitation, the Offeror certifies that it has not divulged to, discussed or compared its offer with other Offerors and has not colluded with any other Offeror or parties to the

Offer whatsoever.

B. An offer may be disqualified if an offeror submits more than one Offer or if there is evidence of collusion.

3.21 RESULTING CONTRACT

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A. Any resulting contract may, at the sole discretion of the City, contain provisions that differ from the terms of the Solicitation.

B. The successful proposer shall covenant and agree that it and its employees have complied with the

Florida Statutes pertaining to the licensing of employees, as applicable.

C. In the event the successful proposer shall be placed in any form of bankruptcy or make an assignment for the benefit of creditors, the City Manager may declare the same a default of the agreement which may be terminated pursuant to these terms and conditions.

3.22 APPLICABLE LAWS

A. Prior to entering into a resulting contract with the City, an Offeror must be authorized to transact business in the State of Florida. Copy of the Registration Certificate and information should be submitted with Offer but is not required.

B. Applicable provisions of all federal, state, county and local laws and of all ordinances, rules and regulations shall govern development submittal and evaluation of all Offers received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting an Offer hereto and the City, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise and lack of knowledge by any Offeror shall not constitute a cognizable defense against the legal effect thereof. This includes revisions or as amended thereof. Any involvement with the City shall be in accordance with but not limited to:

1. City Administrative Regulation and Ordinances

City of Bradenton Procurement Ordinance 2-237

2. Florida State Statues

a. Chapter 287. Florida Statutes, Procurement of Personal Property and Services (where applicable).

b. Pursuant to Florida Statutes Section 119.071, Public Records, General exemptions from inspection or copying of public records, sealed Offers received by the City. Pursuant to this solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I, of the Florida Constitution, until such time as the agency provides notice of a decision or intended decision pursuant to s.

119.071(2) or within 30 days after Offer opening whichever is earlier.

C. It shall be the responsibility of the Offeror to assure compliance with all other federal, state, county, or city codes, rules, regulations or other requirements, as each may apply. The Offer shall have and must provide all applicable insurance, permits, licenses, etc. which may be required by federal, state, or local law as requested by the City. The awarded Offeror shall be required to submit proof of all licenses and/or certifications required by the City upon request.

3.23 CONTRACT FORMS

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A. Any agreement, contract, or Purchase Order resulting from the acceptance of an offer shall be on forms either supplied by or approved by the City.

B. Any amendments to the resulting contract shall require the formal written approval of both parties.

3.24 TAXES

The City does not pay Federal Excise and State Taxes on direct purchases of tangible personal property or services. The exemption number will be provided to the contract holder upon issuance of a purchase order.

This exemption does not apply to tangible personal property purchased by awarded Offeror for their use in the performance of a resulting…