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2025-A-146A

GENERAL CONTRACTING SERVICES

City of Apopka

120 E Main St.

Apopka, FL 32703

RELEASE DATE: July 5, 2026

DEADLINE FOR QUESTIONS: July 20, 2026

RESPONSE DEADLINE: August 6, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/apopka https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Apopka undefined

General Contracting Services

I. Introduction II. Instruction to Bidders

III. Qualifications IV. Scope of Services V. Construction Special Provisions

VI. Insurance and Bonding Requirements VII. Terms and Conditions

VIII. Pricing Proposal IX. Vendor Response undefined #2025-A-146A Title: General Contracting Services

1. Introduction

1.1. Summary

ANY CONTRACTOR WHO HAS BEEN PREVIOUSLY AWARDED A CONTRACT THROUGH ITB 2025-A-146, PLEASE DO NOT RESPOND TO THIS SOLICITATION

The purpose of this bid is to add to the list of pre-qualified contractors, obtained from ITB 2025-A-146, for a variety of construction related projects, on an as needed basis.

Work awarded under this Bid shall be divided into three (3) separate lots. Contractors may be awarded for multiple lots under this Bid.

Lot #1 shall include projects valued from $0 up to $49,999 - The City may choose any one (1) awarded

Contractor in Lot #1 to perform projects of $5,000 or less. Projects over $5,000 up to $50,000 the City will attempt to obtain at least two (2) quotes from the awarded Contractors in Lot #1 through a secondary quoting process.

Lot #2 shall include projects valued from $50,000 up to $199,999 - The City will attempt to get a minimum of three (3) quotes from the awarded Contractors in Lot #2 through a secondary quoting process.

Lot #3 shall include projects valued over $200,000 - The City will attempt to get quotes from all awarded

Contractors in Lot #3 through a secondary quoting process. Lot #3 requires Contractors to have bonding capacity at this level. Contractors are required to submit a letter of surety indicating their bonding capacity, with their submission to this solicitation.

1.2. Contact Information

Suzanne Siu

Purchasing Administrator

150 E. 5th Street

Apopka, FL 32703

Email: ssiu@apopka.net

Phone: (407) 703-1600

Department:

Parks and Recreation

1.3. Timeline

Date Issued & Advertised July 5, 2026

Inquiry Deadline July 20, 2026, 11:59pm mailto:ssiu@apopka.net tel:(407)703-1600

E-Bid Submittal Deadline August 6, 2026, 2:00pm

Bid Opening (Non-Mandatory) August 6, 2026, 2:15pm

Topic: Bid Opening ITB 2025-A-146A General

Contracting Services

Time: Aug 6, 2026, 02:00 PM Eastern Time (US and

Canada)

Join Zoom Meeting https://us02web.zoom.us/j/84220256052?pwd=3i

GDScnb44SQS3znDd45qYkzBT7SBg.1

Meeting ID: 842 2025 6052

Passcode: 904432

Or, in person at:

City of Apopka City Hall

120 E. Main Street

Apopka, FL 32703 in The Edward Bass City Administration Conference

Room

Tentative City Council Approval September 2, 2026 https://us02web.zoom.us/j/84220256052?pwd=3iGDScnb44SQS3znDd45qYkzBT7SBg.1 https://us02web.zoom.us/j/84220256052?pwd=3iGDScnb44SQS3znDd45qYkzBT7SBg.1

2. Instruction to Bidders

It is expressly understood that no work/purchase will begin until the City Council has provided approval and a signed Purchase Order is issued to the selected Supplier/Contractor.

This ITB is subject to the “Cone of Silence” imposing certain restrictions on communications concerning the ITB process as described in the specifications of the ITB Package.

2.1. Purpose

To obtain bids in regard to General Contracting Services, the selected contractor must be licensed to do business in the State of Florida and perform under the laws of the State of Florida. The City intends to enter into agreements with a list of pre-qualified contractors for a variety of construction related projects, on an as needed basis.

The City in its sole discretion, reserves the right to reject any and all proposals, accept any proposal or any combination of proposals or waive any minor irregularity or technicality in proposals received and may, at its sole discretion, request a re-proposal, when in its sole judgment, it will best serve public interest.

Additional Governmental Agencies/Entities may utilize this contract upon suppliers’ acceptance.

2.2. Bid Submission

Firms interested in responding may download an Invitation to Bid (ITB) package from the City’s e-

Procurement Portal, OpenGov https://procurement.opengov.com/portal/apopka.

Submittals must be received electronically via the City’s e-Procurement Portal, OpenGov, no later than

Thursday, August 6, 2026 at 2:00 pm. It is the sole responsibility of the bidder to ensure that his or her bid is submitted in a timely manner. Instructions to address free registration with OpenGov and how to submit an electronic response will be posted within the bid documents.

In accordance with the Americans with Disabilities Act (ADA), persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office at 120 East Main Street, Apopka FL 32703, Telephone: 407-703-1704, no less than 48 hours prior to the proceeding.

2.3. Inquiries

Inquiries concerning Bid Submittals shall be submitted in writing through the OpenGov Question/Answer

Tab via the City's e-Procurement portal, on or before, Monday, July 20, 2026 by 11:59 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal.

Proposers for this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or https://procurement.opengov.com/portal/apopka legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents (above). Violation of this provision may be grounds for rejecting a response. SEE "CONE OF SILENCE" UNDER TERMS AND CONDITIONS!

Phone calls seeking additional information will not be accepted.

CONTACT WITH CITY PERSONNEL OTHER THAN THE PURCHASING ADMINISTRATOR OR DESIGNATED

REPRESENTATIVE, REGARDING THIS REQUEST FOR PROPOSAL MAY BE GROUNDS FOR ELIMINATION

FROM THE SELECTION PROCESS.

It is the proposer's responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Solicitation Document. Lack of understanding and/or misinterpretation of any portions of this Solicitation Document shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Proposers must contact the City of Apopka BEFORE question due date should clarification be required. Requests for clarifications received after the deadline will not be accepted.

2.4. Addenda

Addenda Notification: Bidders are required to register for an account via the e-Procurement Portal hosted by OpenGov. Once bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/apopka.

2.5. Withdrawal

It is the bidder’s responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Bid Document. Lack of understanding and/or misinterpretation of any portions of this Bid Document shall not be cause for withdrawal of your bid after opening or for subsequent protest of award.

2.6. Public Opening

The names of respondents will be publicly read into the record on bid opening date listed in the timeline.

A zoom link can be found in the timeline.

A tabulation will also be posted in the e-Procurement Portal on and forwarded to all those registered as following the project.

2.7. Award

Recommendation of award, or rejection of all submittals if applicable, will be presented to the City Council for approval for the lowest qualifying Bid within one hundred and twenty (120) calendar days from the date of opening of submittals.

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

3. Qualifications

3.1. Qualification Requirements

In order for the Owner to obtain the best quality of work in a reasonable period of time, the Owner reserves the right to reject bids from Contractors who are unable to meet the following requirements.

The City may also conduct such investigations as it deems necessary to assist in the evaluation of any Bid and to establish the financial capability of the bidder and their proposed sub-contractors. Prior to award of a contract, the City reserves the right to request financial information from the Successful Bidder to assist in further review of that Bidder’s qualifications and capabilities and to verify whether the Bidder has adequate financial capacity to meet the requirements of the Invitation to Bid. Financial information provided shall be for the current and previous two years, to include, but not be limited to a financial statement prepared by a Certified Public Accountant (i.e., balance sheet and income and cash flow statements) or a Supplier Qualifier Report prepared by Dun & Bradstreet.

Lot #1 Award (Projects $0 up to $49,999) - The qualifications listed in this section pertain to Lot #1 ONLY.

Contractor shall hold a valid Florida General Contractor License as required by the State of Florida for a minimum of three (3) years prior the date of this bid. Contractor must have sufficient financial support, equipment and organization to ensure they can satisfactorily execute services, if awarded a contract under the terms and conditions of this Bid.

Lot #2 Award (Projects from $50,000 up to $199,999) - The qualifications listed in this section pertain to

Lot #2 ONLY.

Contractor shall hold a valid Florida General Contractor License as required by the State of Florida for a minimum of five (5) years prior the date of this bid. Contractor must have sufficient financial support, equipment and organization to ensure they can satisfactorily execute services, if awarded a contract under the terms and conditions of this Bid.

Lot #3 Award (Projects over $200,000) - The qualifications listed in this section pertain to Lot #3 ONLY.

Contractor shall hold a valid Florida General Contractor License as required by the State of Florida for a minimum of five (5) years prior the date of this bid. Contractor must have sufficient financial support, equipment and organization to ensure they can satisfactorily execute services, if awarded a contract under the terms and conditions of this Bid. In order to support projects under this lot, Contractors must have bonding capacity as listed in Section 6 of this solicitation.

4. Scope of Services

4.1. Service Requirements

Contractor must be licensed as a General Contractor in the State of Florida in order to provide the services.

Specialty licenses are required for any specialty work as required by Florida State. Contractor shall comply with all federal, state, and local regulations when performing any work under the resulting contract. The

Contractor shall provide services as requested to City facilities, inside and outside, based upon the hourly labor rate(s) and percentage rates for parts, and materials as stated in this Bid. The Contractor(s) shall cover all expenses incurred by the Contractor for providing all supervision, labor, equipment, tools, and materials (including but not limited to landfill fees associated with debris/trash removal, tool/equipment rental, etc.) needed to complete the work. All work over $5,000; the City shall require secondary quoting.

Work awarded under this Bid shall be divided into three (3) separate lots. Contractors may be awarded for multiple lots under this Bid.

Lot #1 shall include projects valued from $0 up to $50,000 - The City may choose any one (1) awarded

Contractor in Lot #1 to perform projects of $5,000 or less. Projects over $5,000 up to $50,000 the City will request quotes from at least two (2) awarded Contractors in Lot #1 through a secondary quoting process.

Lot #2 shall include projects valued over $50,000 up to $199,000 - Projects will be quoted with a minimum of three (3) awarded Contractors in Lot #2 through a secondary quoting process.

Lot #3 shall include projects valued over $200,000 - Projects will be quoted with all awarded Contractors in Lot #3 through a secondary quoting process. Lot #3 requires Contractors to have bonding capacity at this level. Contractors are required to submit a letter of surety indicating their bonding capacity, with their submission to this solicitation.

At a minimum the Contractor must have the capacity to provide renovation projects, program-wide projects, infrastructure projects and a variety of construction related activities including new construction, modifications, renovation, and repairs including (but not limited) to general and specialized construction activities, such as demolition, mechanical, electrical, plumbing, HVAC, security/fire systems, roofing, tile, cabinetry, carpentry, millwork, framing, drywall, doors, windows, caulking, hardware, demolition, excavation, ceilings, masonry, and workstation modifications or other incidental related work as directed by the City.

A. Planning

1. Review materials and labor options with the City.

2. Provide detailed work order plan outlining tasks, project schedule, and needed resources.

3. Identify and allocate resources, including equipment and materials.

4. Identify potential risks, assess the impact, and develop mitigation strategies.

5. Establish a communication plan to ensure effective information flow with the City.

B. Execution of the Work Order

1. Mobilization – Prepare all necessary personnel, equipment, materials, site access, utilities and permits are in place.

2. Construction – Perform tasks and activities as outlined in the Scope of Work

3. Procurement of permits or other regulatory filing or reporting.

4. Communicate any issues or obstacles, that may arise, to the City.

5. Preparation and submittal of close-out documentation including, but not limited to warranties, operation and maintenance manuals, record drawings, project photography, etc.

Work shall be performed in accordance with recognized safety standards and any equipment, supplies and products shall be used in accordance with the manufacturer’s technical specifications.

A Statement of Work (SOW) shall be provided from the contractor with each job. SOW must show breakdown of hourly rate, number of hours, and mark-up percentage for each project; the contract terms and conditions: and the specifications, drawings, time for completion and special conditions provided with the Purchase Order, when applicable

The work will be assigned using Purchase Orders, addressing the scope of work and the required time of completion, and will be based upon a specific written quote from the Contractor for each job; written quote must be received and approved prior to any work being done. Work shall be performed in accordance with national, state, and local, listed classification codes.

If the Contractor is unable to perform the work in a timely manner as agreed upon, the City shall have the right to rescind the Work Authorization and/or Purchase Order and award it to another Contractor.

The City reserves the right to award a project to multiple Contractors.

ADDITIONAL WORK ORDER COSTS Subcontractors: Use of subcontractors shall be compensated on the basis of actual cost noted on bid sheet, if pre-approved and/or required. The awarded contractor may not sub-contract more than 50% of the dollar value of the contract.

4.2. Liquidated Damages

Liquidated Damages: $500

Bidder must agree to commence work on date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within the time indicated under the scope of work thereafter. Bidder must also agree to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions.

4.3. Contractor's Cost Estimate

A. Before the work begins, the City will send the Contractors a proposed scope of work with necessary back up documentation to form an estimate. The Contractor must review the proposed scope of work, assess site conditions and constraints, and check the contract documents for specific service requirements.

B. The Contractor must provide a formal estimate with a detailed cost breakdown for the proposed work. This estimate should include the expected quantities of work and, if necessary, additional costs for labor, materials, and equipment when no unit prices are available for the work being estimated. NO ESTIMATES WILL BE ACCEPTED IF PROVIDED AS LUMP SUM PRICING.

C. Contractor must provide the formal cost estimate within 5 working days of the request from the

City. Estimate provided needs to contain all backup information for the additional costs, including subcontractor bids/quotes, material costs, equipment costs and other associated costs for work

(permits, etc.).

D. The estimate needs to contain a schedule for the work. All work must commence as agreed in the

Work Order and Notice to Proceed.

E. The estimate needs to contain a list of subcontractors and suppliers. Contractor is responsible for ensuring all subcontractors follow these contract requirements for compliance.

F. No travel time will be paid; only time spent on the actual job working will be payable. Fuel surcharges are not allowed.

G. Work orders should not include terms outside of the associated contract.

4.4. Proceed with Work

A. An approved Purchase Order will serve as notice to the Contractor to proceed. All work must be coordinated through the City. The Contractor will not perform any work without a fully executed

Purchase Order from the City. No mobilization on site will occur until all required pre-work submittals are submitted and accepted by the City.

B. All tasks and work performed must adhere strictly to the scope, terms and conditions outlined in the contract. Any work conducted beyond the specified scope will result in immediate termination to the contract.

C. Work shall be performed in accordance with recognized sound safety standards and any equipment, supplies and products shall be used in accordance with the manufacturer’s technical specifications.

4.5. Contractor Responsibility

A. It shall be the Contractor’s responsibility to schedule and coordinate all work to be performed under this Contract with the City's appropriate departments and to insure continuous and smooth operations of the work and completion within the times specified in the proposal.

B. The Scope of Work is intended to cover the complete project. It shall be distinctly understood that failure to mention any work, which would normally be required to complete the project shall not relieve the Contractor of his responsibility to perform such work.

C. The contractor shall supply all labor, materials, equipment, insurance, permits, etc. necessary to perform the mentioned work. At the completion of the project, the contractor is responsible for the removal and proper disposal of all debris, etc. associated with their work on the project. The contractor may haul construction debris from clearing, grubbing, demolition, and excavated materials to the Orange County Landfill, however the standard tipping fee will be charged to the contractor.

D. It shall be the contractor’s responsibility to furnish all fabricated materials (e.g., precast concrete, metals, mechanical/electrical equipment, and any other materials or products requiring fabrication) in new condition as per the project documents. The contractor is responsible for ensuring all fabricated materials are constructed in accordance with the project specifications.

The City reserves the right to reject any fabricated materials/equipment observed to have been repaired without the consent of the City, to be damaged or defective, or not in compliance with the contract documents at any time (fabrication or field) during the contact period.

E. The contractor shall coordinate with adjacent property owners to minimize inconvenience.

4.6. Protection of Existing Utilities

A. Attention of the Contractor(s) shall be directed to the potential presence of water, sewer, gas mains, electrical wires, conduits, communication cables (both overhead and underground), poles and house service connections on each project site. The Contractor(s) shall exercise special care and extreme caution to protect and avoid damage to such utilities.

B. It is the responsibility of the Contractor(s) to have all utilities located with sufficient accuracy to ensure their safety and the safety of those within the area of the project.

C. The Contractor(s) shall not begin any excavation without first notifying each and every public service agency that may or may not have underground or embedded facilities within the area of the project, at least forty-eight (48) hours prior to commencement of this work (not including weekends and holidays).

D. The Contractor shall notify the appropriate to determine the location of existing utilities prior to commencing work. If, during Repair operations, the Contractor(s) encounters additional utilities, the Contractor(s) shall immediately notify the City and take all necessary and proper steps to protect the continuance of service of such facilities. In case of damages to any existing utility installations by the Contractor(s), either above or below ground, the Contractor(s) shall have such utility restored to a condition equal to that which existed prior to the damage at the

Contractor’s entire cost and expense.

E. There will be no measurement or direct payment to the Contractor(s) for working around, protecting, or repairing damaged utilities caused by the proposed maintenance and or repair activities.

F. If the Contractor(s) damages any utility, they shall immediately notify the City and the affected utility owner. The Contractor(s) shall ensure the safety of workers and others around the site.

The Contractor(s) shall protect the damaged utility from further damage until a representative from the affected utility arrives to make a site assessment. The Contractor(s) shall fully cooperate with the representative of the affected utility to restore it to a condition equal to or better than the condition that existed just prior to the incident, in a timely manner. The utility owner may elect to repair the damage with its own forces, its sub-contractors, or the Awarded

Contractor(s) on this project. In all cases, the Contractor(s) is liable for all costs of the repair of the damages to the satisfaction of the affected utility owner.

G. The Contractor(s) will notify the City immediately by telephone of any emergency, subsurface or latent physical condition found along with the recommendations for dealing with the matter. Any changes found necessary by the City or the Contractor(s) not covered under the original scope of work, specification or drawing(s) shall be jointly agreed upon by the Contractor(s) and County.

Any additional services or costs associated with the task/project must be submitted in writing by the Contractor(s) and an amendment to the purchase order must be made and approved by the

City before the work can proceed. The County assumes no responsibility for oral/verbal communications, instructions, or suggestions

4.7. Site Clean-Up and Restoration

A. The Contractor shall keep all trash, garbage, spent materials containers, etc. picked up on a daily basis.

B. The Contractor shall restore the site to a condition equal to that in which it was found.

C. Should daily site cleaning and final restoration not be performed, the City shall have such done with the costs of being charged to the Contractor.

4.8. Additional Contractors

The City reserves the right to increase the list of prequalified Contractors to provide the services included in this ITB. If deemed necessary by the City and subject to approval, additional providers will be added to the list of awarded contractors. Regardless as to the year a contractor is added to the pool of awarded contractors, all awards will be terminated at the end of the bid term specified in this solicitation.

5. Construction Special Provisions

5.1. Laboratory Testing

A. Cost of all required laboratory testing, except the soil cement mix design, shall be borne by the

City. The cost of all retesting due to defective materials or construction shall be borne by the

Contractor.

B. The City will make available to the Contractor one copy of any and all laboratory testing performed by the Owner and or Engineer as part of this project's design.

5.2. Cooperation with Others

A. The Contractor shall cooperate with the City for any underground or overhead utilities in their removal and rearrangement operations, in order that these operations may progress in a reasonable manner and that service rendered by these parties will not be interrupted.

B. Contractor shall schedule this work in such a manner as to maintain access for homes & businesses.

5.3. Method of Measurement

All measurement for payment will be based on the completed work performed in strict accordance with the drawings and specifications. All work completed under this contract shall be measured by the

Contractor or his representatives in the presence of the Engineer, Facilities Administrator, or designated

City Staff.

5.4. Notification to and Coordination with Utility Companies

The excavators shall comply with FL 77-153 regarding notification of existing gas and oil pipeline company owners. During the period of this contract, it shall be the Contractor's responsibility to coordinate all utility adjustments necessary for the completion of the project.

5.5. Subsurface Investigations

The Contractor shall be responsible for having determined to his satisfaction, prior to the submission of his bid, the nature of the work, the conformation of the ground, the character and quality of the nature of the groundwater conditions and all other matters which can in any way affect the work under this contract. The prices established for the work to be done will reflect all costs pertaining to the work.

5.6. Permits, Licenses & Notices

The Contractor shall procure all permits and licenses required by Contract Documents. The Contractor shall give all notice necessary and incidental to the due and lawful prosecution of the work. The Contractor shall submit all necessary permitting requirements; however, any City of Apopka permitting fees will be waived.

5.7. Use of Public Roads & Streets

The use of public roads and streets shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or excavated material spilled from trucks shall be removed by the

Contractor and the street cleaned to the satisfaction of the Owner. Contractor shall be responsible for any and all damage to existing facilities whether caused by themselves or their subcontractor. It is highly recommended that Contractor notify all subcontractors of this liability in an effort to prevent or minimize damage.

5.8. Care of Trees, Shrubs & Grass

The Contractor shall be fully responsible for maintaining in good condition all cultivated grass plots, trees and shrubs beyond the grading limits of this Contract. Where maintained shrubbery or grassed strips must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the work, replace or restore to the original condition, all destroyed or damaged shrubbery or grass.

Tree limbs which interfere with equipment operation and are approved for pruning, shall be neatly trimmed.

5.9. Damage to Existing Structures & Utilities

The Contractor shall be responsible for any damage to pavement beyond the limits of this contract, buildings, telephone, power or other cables, water pipes, storm sewer facilities, sanitary pipe, gas lines, or other structures which may be encountered whether or not shown on the Drawings.

5.10. Record Drawings

After completion of the work and with final pay request, the Contractor shall submit to the Engineer one set of "Record Drawings." These drawings shall show the location of all structures and pipe including inverts and centerline and edge of pavements every 50 feet. Plans shall be signed by a professional surveyor licensed to do business in Florida. After completion of the work and with final payment, the

Contractor shall submit to the Engineer, Facilities Administrator, or designated City Staff, one set of

Record Drawings including an AutoCAD file (release 2013 or later).

5.11. Use of Explosives

No blasting shall be done except upon approval by the City and the governmental agency or political subdivision having jurisdiction. When the use of explosives is approved by the City as necessary for the execution of the work, the Contractor shall use the utmost care so as not to endanger life or property, and assume responsibility for any such damage resulting from his blasting operations, and whenever explosives shall be stored in a secure manner and all such storage places shall be marked clearly

"DANGEROUS EXPLOSIVES" and shall be in the care of competent watchmen. All permits required for the use of explosives shall be obtained by the Contractor at his expense. All requirements of the governmental agency issuing permits shall be observed.

5.12. Weekly Progress Schedule

Weekly progress schedule shall include the necessary manpower and equipment required to maintain the projected progress schedule. Should the Contractor fail to maintain the progress schedule he has provided to the City and is unable to recover prior to the next pay requisition, the City may elect to withhold a portion of or all of the following payments until such time that the Contractor has recovered his loss time.

The City may request the Contractor to submit a revised schedule with evidence, by means of additional manpower and equipment, displaying his intentions to make up for the loss of time. If the City agrees and believes that the Contractor will recover, the City may elect to continue with the monthly payments.

5.13. Storing of Equipment & Material

The Contractor shall discuss and obtain approval from the City for any area outside the limits of construction that may be impacted by his work. This shall include any areas necessary for the staging, storing and delivery of equipment and material. In addition, the Contractor shall discuss and obtain approval from the City for the selection of the best delivery routes to the construction site.

5.14. Existing Underground Utilities

Contractor shall take the necessary steps to explore or otherwise verify and confirm location of underground pipes utilities & structures for any necessary areas outlined in the project before excavation.

6. Insurance and Bonding Requirements

6.1. General Insurance Description

The Contractor shall obtain and maintain such insurance as will protect it from: (1) claims under worker’s compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting therefrom, any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the Contract Documents, whether such services, work and operations be by the Contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.

This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater.

The Contractor shall require and shall be responsible for assuring throughout the time the Agreement is in effect that any and all of its subcontractors obtain and maintain until the completion of that subcontractor’s work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others.

The Contractor shall obtain, have and maintain during the entire period of the Agreement insurance policies which contain the following information and provisions:

A. Insurers must have an AM Rating or A or better;

B. The name and type of policy and coverages provided;

C. The amount or limit applicable to each coverage provided;

D. The date of expiration of coverage;

E. The designation of the City of Apopka, Florida and Engineer as additional insureds and certificate holders. (This requirement shall not apply to the Worker’s Compensation Insurance.); Certificate

Holder: City of Apopka, 120 E. Main Street, Apopka, FL 32703

F. The following clause must appear on the Certificate of Insurance:

“Cancellation - should any of the above-described policies be canceled before the stated expiration date thereof, insurer will not cancel same until at least thirty (30) days prior written notice (by certified mail) has been given to the below named certificate holder. This prior notice provision is a part of each of the described policies.”

G. Primary and Non-contributory language required: Insurance coverages procured by the

Contractor as required herein, including but not limited to any excess and/or umbrella coverages, shall be considered, and the Contractor agrees that said insurance coverages it procures as required herein shall be considered, as primary insurance over and above any other insurance, or self–insurance, available to the City, and that any other insurance, or self-insurance available to the City shall be considered secondary to, or in excess of, the insurance coverage(s) procured by the Contractor as required herein.

Each Certificate of Insurance shall be accompanied by documentation that is acceptable to the Owner establishing that the insurance agent and/or agency issuing the Certificate of Insurance has been duly authorized, in writing, to do so by and on behalf of the insurance company underwriting the insurance coverage(s) indicated on each Certificate of Insurance.

If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the

Work or termination of the Agreement, the Contractor shall furnish to the Owner, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement.

If Owner has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor in accordance with the requirements of the Contract Documents on the basis of its not complying with the Contract Documents, Owner shall notify Contractor in writing.

Contractor shall provide to the Owner such additional information with respect to its insurance as may be requested.

6.2. Insurance - Form of Coverage:

Industry Standard:

General Liability: Insurance Services Office form CG0001 (12/04) or equivalent

Business Auto: Insurance Services Office form CA0001 (03/06) or equivalent

6.3. Insurance - Special Provisions:

All tools and equipment owned by the contractor/subcontractor are the responsibility of the owner of the equipment. The City is held harmless for loss of any kind.

A. Additional Insured on all policies (excluding workers compensation): City of Apopka, its employees, agents and any representatives shall be named as additional insured (including

Products & Completed Operations).

B. Waiver of Subrogation on all policy lines: Workers Compensation and General Liability policies shall contain a Waiver of Subrogation in favor of and naming: City of Apopka, its employees, agents, and any representatives.

C. General Liability policy will include “Per Project Aggregate” endorsement.

Specific Insurance Coverages

Workers’ Compensation (1)

Workers’ Compensation and Employers’ Liability Insurance shall be maintained in force during the term of this contract for all employees engaged in work under this contract, in accordance with the laws of the

State of Florida. The minimum acceptable limits shall be:

Workers Compensation Statutory

Employers Liability $1,000,000 Each Accident

$1,000,000 Per Person - Disease

$1,000,000 Aggregate - Disease

General Liability (2)

Commercial General Liability Insurance shall be maintained by the contractor on an occurrence basis.

Policy shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury and advertising injury.

General Liability $1,000,000 Each Occurrence

$100,000 Damage to Rented Premises

$1,000,000 Personal Injury and Advertising

$2,000,000 General Aggregate

$1,000,000 Products/Completed Operations Aggregate

$10,000 Medical Payments

Auto Liability (3)

Business Automobile Liability Insurance shall be maintained by the Contractor as to ownership, maintenance, use, loading and unloading of all owned, non-owned, leased or hired automobile equipment and other vehicles with limits of not less than:

Business Auto Liability $1,000,000 Combined Single Limit

Excess or Umbrella Liability Insurance (4)

Excess of the primary coverage required, in paragraphs (1), (2), and (3) above:

Each Occurrence $10,000,000

General Aggregate $10,000,000

Professional Liability (5)

Professional Liability Insurance shall be maintained by the CMAR insuring its legal liability arising out of the performance of the professional services governed by this contract. The CMAR must continue this coverage for a period of not less than four (4) years after completion of its services to the City.

Professional Liability $2,000,000 Per Occurrence

(Errors & Omissions)

Pollution Liability (6)

Pollution Legal/Environmental Legal Liability Insurance for pollution losses arising from all services performed to comply with this contract. Coverage shall apply to sudden and gradual pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in Bodily Injury or Property

Damage. If policy is written on a Claims Made form, a retroactive date is required, and coverage must be maintained for three (3) years after completion of contract or “tail” coverage must be purchased. Coverage should include and be for the least minimum limits listed below:

C. Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed.

D. Defense including costs, charges, and expenses incurred in the investigation, adjustment or defense of claims for such compensation damages.

E. Cost of Cleanup/Remediation.

Limits $1,000,000 Per Claim or Occurrence

$2,000,000 General Aggregate

For acceptance of Pollution Legal/Environmental Legal Liability coverage included within another policy required herein, a statement notifying the certificate holder must be included on the certificate of insurance and the total amount of said coverage per occurrence must be greater than or equal to the amount of Pollution Legal/Environmental Legal Liability and other coverage combined.

For herbicide and pesticide spraying operations only, an endorsement to the Commercial General Liability policy that provides Pollution Liability coverage for herbicide and pesticide spraying is acceptable.

Builders Risk (7) For Larger Construction Projects

Contractor shall purchase and maintain Builders Risk Insurance to cover the subject property for all risks of loss, subject to a waiver of coinsurance, and covering off-site storage, transit and installation risks.

The policy is to be endorsed to cover the interests of all parties, including the City of Apopka and all contractors and subcontractors. The insurance is to be endorsed to cover testing and to grant permission to occupy the facility under construction/renovation during such activity.

Subcontractors Insurance (8)

CMAR’s certificate(s) shall include all subcontractors as additional insured under its policies or subcontractors shall maintain separate insurance as determined by the CMAR, however, subcontractor’s insurance limits of liability shall not be less than $1,000,000 per occurrence/$2,000,000 aggregate. The

City of Apopka shall be additional insured on insurance required from subcontractors.

Certificate holder should be addressed as follows:

City of Apopka

120 E. Main Street

Apopka, FL 32703

6.4. Bonding Requirements

Policy 107.3.11 BONDING

Performance and Payment Bond: Section 255.05, Florida Statutes, any contract for the construction of a public building or public work projected to cost more than $200,000 shall be required to furnish a

Performance and Payment Bond or substitute an irrevocable letter of credit for same. The City’s requirement for performance and payment bonds or irrevocable letters of credit is $200,000, even if using other Government contracts. This section of the policy is based on the Florida Statute referenced, if the statute changes than the City will adhere to the Florida Statute updates. Payment & Performance bond in the amount of 100% of the total bid price within three (3) days from the date of notification of individual project award.

7. Terms and Conditions

7.1. Contract Period:

The contract resulting from this solicitation shall have an initial period from the date of award through

May 7, 2028, with two (2) additional two (2) year renewal options, by mutual written agreement. In addition to any renewal options contained herein, the City has the right to extend any award resulting from this Bid for a period not to exceed six (6) months so the City can have ample time to release, award, and implement a replacement agreement for the commodities and/or contractual services provided in this Bid. Such extension shall be based upon the same prices, terms, and conditions set forth in this Bid.

7.2. Incurred Expenses:

The City is not responsible for any expenses which persons making submittals may incur in preparing and submitting their qualifications or in participating in the ITB solicitation, selection and negotiation process.

7.3. Certification of Independent Price Determination

By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement:

• The prices in this bid have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

• Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to bid opening, directly or indirectly to any other Bidder or to any competitor.

• No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

7.4. Acknowledgement:

By making a submittal, the respondent certifies that they have fully read and understand the invitation to bid and have full knowledge of the nature of services which may be required and of the requirements of the ITB process and agree to abide by such process and City’s decisions made therein.

7.5. Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all respondents should be aware that the Invitation

To Bid and the responses are in public domain. However, the respondents are requested to identify specifically any information contained in their submittals which they consider confidential and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

All proposals received from respondents in response to this Invitation To Bid will become the property of the City of Apopka and will not be returned to the respondents. In the event of award, all documentation produced as part of the purchase will become the exclusive property of the City, unless otherwise specified.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, CITY CLERK AT 407-703-1704, sbone@apopka.net, and

120 EAST MAIN STREET, APOPKA, FL 32704-1229.

7.6. Conflict of Interest

The award is subject to provisions of applicable State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of

Apopka. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the bidder's firm or any of its branches. Should the awarded bidder permanently or temporarily hire any City employee who is, or has been, directly involved with the bidder prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the City.

7.7. Legal Requirements

Federal, State, City and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. Vendors doing business with the City of Apopka are prohibited from discriminating against any employee, applicant or client because of race, religion, color, disability, national origin, gender or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. EEO STATEMENT: The City of Apopka is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, handicap, age and gender.

7.8. Contractual Agreement

The Bid Document shall be included and incorporated in the final contract or purchase order. Any and all legal actions associated with this Bid Document and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the

Circuit Court in and for Orange County, Florida.

7.9. No Assignment of Contract

The vendor may not make any assignment of the contractual agreement between the parties, in whole or in part, without prior written authorization as may be given by the City of Apopka, at its sole discretion.

No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent.

mailto:sbone@apopka.net

7.10. Uniform Commercial Code

The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded vendor/contractor and the City of Apopka for any terms and conditions not specifically stated in this Bid Document.

7.11. Mistakes

In the event of extension error(s), the unit price will prevail and the bidder's total offer will be corrected accordingly. Bidders must check their bid proposal where applicable. Failure to do so will be at the bidder's risk. Bids having erasures or corrections must be initialed in ink by the bidder (in the event that pricing is requested via upload rather than by electronic submittal).

7.12. Pricing, Labor, Material Markup

A. Price(s) quoted must be the price(s) for new merchandise. Any bids containing modifying or "escalator" clauses will not be considered unless specifically requested in the bid specifications. Deliveries resulting from this bid are to be made on or before bidders specified delivery date and during the normal working hours of the City of Apopka. Time is of the essence and the bidder's delivery date must be specified and adhered to. Should the bidder, to whom the order or contract is awarded, fail to deliver on or before his/her stated date, the City of Apopka reserves the right to CANCEL the order or contract. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays, unless otherwise specified and incorporated into contract document. The delivery location shall be within the designated areas identified by the City of Apopka. It is hereby understood and mutually agreed to by and between parties hereto that the time of delivery is an essential condition of this contract.

B. Price Adjustment: Prices offered shall remain firm through the initial period of this Agreement. A request for a price adjustment, with proper documentation justifying the adjustment, may be submitted, in writing, 30…