Good Shepherd Playground ITB.pdf

INVITATION TO BID

TO GENERAL, RESIDENTIAL or BUILDING CONTRACTING FIRMS

APPROVED BY THE CITY OF JACKSONVILLE

FOR CONTRACTOR’S SERVICES FIXED FEE - GUARANTEED MAXIMUM PRICE

Notice is hereby given that Episcopal Children’s Services will receive sealed bids for the following project:

Project Name: PLAYGROUND PROJECT Good Shepherd Childcare Center: 1100 Stockton Street, Jacksonville, FL 32204

ECS Corporate Address:

Episcopal Children’s Services 8649 Baypine Road, Ste. 300, Bldg. 7, Jacksonville, FL 32256

Phone: 904-726-1500

Monique Lank, Project Accountant Bryan Ward, Senior Director of Facilities and Transportation

ECS ITB • Page 2

Table of Contents

I. GENERAL

Designated Contacts

II. NOTIFICATION

III. SELECTION SCHEDULE

IV. INQUIRIES

V. SCOPE OF PROJECT

VI. BIDDING DOCUMENTS

VII. BID SUBMISSION

Vlll. DEVIATIONS TO SPECIFICATIONS

IX. SELECTION PROCESS

X. AWARD OF CONTRACT

XI. CONTRACT TERMS AND REQUIREMENTS

XII. EXHIBIT A: Insurance Requirements

XIII. OTHER REQUIREMENTS

XIV. DEFINITIONS

Attachment 1: Conflict of Interest Disclosure Attachment 2: Project Scope of Work and Bid Summary Attachment 3: Photo

ECS ITB • Page 3

I. GENERAL

Awards will be granted to the lowest responsive responsible bidder(s) based on base bid amount on bid summary form. ALL awards are subject to the availability of funds.

To be eligible to submit a bid, you must attend the Pre-Bid Meeting and Walk-Through at 11:00 a.m.

on Tuesday, May 14, 2024, at the site location. This rule is in place to prevent multiple change orders due to the contractors’ failure to properly evaluate the extent of the damage/work at the property.

Change orders will be limited in this Program.

Episcopal Children’s Services (ECS) reserves the right to accept or reject all proposals in whole or in part with or without cause, waive minor irregularities with any proposal, or make an award that is in the best interest of the project. Any award is subject to approval by the ECS. If there is not a bid proposal that is within the projected budget for the project ECS reserves the right to reject all bids and re-issue this ITB.

Submission of a proposal indicates expressed agreement with all terms and conditions included in this ITB.

Any person entity or representative of any person or entity submitting a proposal in response to this ITB is strictly prohibited from independently contacting ECS employees (other than the designated contacts) regarding the contents of this ITB or any proposed project outside of any scheduled presentation time.

Bidders agree to remain compliant with Section 126 Part 4 of the Jacksonville Ordinance Code.

All times in this ITB are eastern time.

Contractor and all sub-contractors at all times will conduct themselves in a professional manner, with a civil attitude; strive to keep on schedule and on budget while maintaining high production and quality standards; and communicate in a timely manner.

Designated Contacts Bid Manager: Monique Lank, Project Accountant, ECS. Monique.Lank@ecs4kids.org.

***All bid and specification questions must come through Bidnet Direct, via the questions page on the project.

Project Manager: Bryan Ward, Senior Director of Facilities and Transportation, ECS.

Bryan.Ward@ecs4kids.org.

***All inquiries directly related to executing the project once the bid is awarded must come through Bryan Ward unless he is unavailable and then you may contact the Bid Manager.

The selection of and contracting with a Contractor under this ITB will be in accordance with Part 2 of Chapter 126, of the Jacksonville Ordinance Code. Other provisions of federal, state, county and local laws, and administrative procedures, policies or rules may apply to this ITB and any claims or disputes arising hereunder. Lack of knowledge of the law or administrative procedures, policies, or rules by any Contractor shall not constitute a cognizable defense against their effect.

The contractor must adhere to the Davis-Bacon Act (40 U.S.C. 276a, et. seq.), as supplemented by USDOL regulations (29CFR Part 5) as funding for the Project is supplied by the City of Jacksonville’s Community Development Block Grant program. More information and details will be given at the Mandatory Pre-Bid Meeting and at the Post-Award Meeting.

II. NOTIFICATION

Notification and advertisement for is accomplished with a public notice on https://www.bidnetdirect.com/florida/ecs4kids. The ITB is sent via email to select eligible contractors and applicable vendors currently listed on the City of Jacksonville’s qualified contractor’s list maintained by the HCDD office.

mailto:Monique.Lank@ecs4kids.org mailto:Bryan.Ward@ecs4kids.org

ECS ITB • Page 4

III. SELECTION SCHEDULE

• ITB Released: 05/06/2024

• Mandatory Pre-Bid Meeting and Walk-Through: 11:00 a.m. on Tuesday, May 14, 2024, the site location.

• To assist with bid preparation, prospective bidders can take measurements as well as take pictures.

• Deadline for questions pertaining to this ITB:05/27/2024 at 8 a.m.

• Responses to questions will be sent in writing to all potential bidders via Bidnet Direct.

• Proposal Due:05/30/2024 at 5pm.

• Bid Opening via Bidnet Direct.

• Notice of Award:

• Following the Notice of Award, a Mandatory Pre-Construction Meeting will be held with the successful contractor to detail all project requirements, including the Davis-Bacon Act.

IV. INQUIRIES

Any questions concerning this Invitation to Bid or the construction documents are to be submitted on Bidnet Direct and received by the time/date stated in Section III.

V. SCOPE OF PROJECT

This project involves a playground build as outlined in the attached scope of work plans and/or specifications. (Attachments 2 & 3) All bid proposals must include pricing for labor, materials, profit, overhead, supplies, equipment, permits fees (including water/sewer), architecture, engineering, and other components necessary for the successful and timely completion of the project.

VI. BIDDING DOCUMENTS

A. Copies of this Bid document may be obtained from Bidnet Direct.

B. Each Bid Proposal shall remain firm and binding for at least 90 days to allow time for evaluation of Bids and contract negotiations.

C. Contents of the Bid Proposal of the successful firm(s) will become part of the contractual obligations.

VII. BID SUBMISSION

Bidders must submit their proposals via Bidnet Direct’s website. Please reach out to the bid manager with any questions prior to the closing date of the bid.

A. Responses will not be accepted after the closing date and time posted in the ITB.

B. ECS is not liable for any costs incurred by the Bidders prior to the issuance of an executed contract.

C. Proposals must be legible and or typed. All corrections made by the proposer prior to the opening must be initialed and dated by the proposer. No changes or corrections may be allowed after

ECS ITB • Page 5 proposals are opened.

Vlll. DEVIATIONS TO SPECIFICATIONS A. All deviations to the specifications must be noted in detail by the Bidder in writing at the time of the submittal of the formal bid.

B. Substitute products will be considered when request is submitted as an attachment to the Bid Form. Substitute products should include technical descriptive data or catalog cuts attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for rejection of the bid.

C. In submission of substitutions to Products specified Bidders shall include in their bid changes required in the Work changes to Contract Time and Contract sum to accommodate such approved substitutions. Later claims by the Bidder for an addition to the Contract Time and Contract sum because of changes in Work necessitated by use of substitutions will not be considered.

D. Provide complete information on required revisions to other Work to accommodate each substitution the value of additions to or reductions from the Bid sum including revisions to other Work.

E. Provide Products as specified or described unless substitutions are submitted in this manner and subsequently accepted.

IX. SELECTION PROCESS

Award of any contract resulting from this solicitation will be made in accordance with Bid Specifications and HUD regulations. The committee will evaluate all responsive proposals received within the deadline specified in this Bid and will use the following procedure to award bids:

A. The award will be to the lowest responsive responsible bidder from among qualified bidders based on base bid amount submitted on bid summary form.

B. Notification of award will be issued by ECS to the accepted Bidder by a written Letter of Intent to Contract.

C. If an executed contract with the selected firm is not completed within 15 calendar days of notification of award, then ECS reserves the right to award the Bid to the next lowest responsive responsible Bidder.

X. AWARD OF CONTRACT

Award of any contract resulting from this solicitation will be made in accordance with ITB/Q and HUD regulations and if it is awarded shall be made to the lowest responsive-responsible Bidder meeting or exceeding specifications whose bid is in the best interest of ECS. However, until ECS issues a Notice to Proceed with a specific start date ECS shall not be liable for any expenses incurred by the CONTRACTOR prior to such start date.

A. REVISIONS OF PROPOSAL FORM

Request for revision of the Bid Proposal Form must be made to the contact stated in Section IV at least (10) days prior to date of bid opening. Revisions to the Bid Proposal by the Bidder void the previous bid.

B. CONTRACT EXPIRATION DATE

The Contract expiration date shall be established as follows:

ECS ITB • Page 6

The notice to proceed date plus ten (10) calendar days for mobilization plus the construction time established in the Proposal plus time extensions pursuant to valid change orders (which shall establish the design completion date) plus 120 days to assure a contract exists beyond the schedule construction completion date.

C. BID CHANGES

Changes in the amounts of the Bids appearing on the outside of the Bids will be considered.

Only the amounts shown on bidding documents inside the envelope will be considered. All changes, corrections, and erasures must be initialed by the person signing the bid.

D. CONSTRUCTION COMPLETION

The Contractor shall begin work by an agreed-upon date after issuance of the Notice to Proceed from ECS to begin work. All work shall be completed within 120 days of Notice to Proceed.

XI. CONTRACT TERMS AND REQUIREMENTS

1. Incorporation by Reference and Acceptance. Episcopal Children’s Services (“ECS”) and the undersigned (“Vendor”) hereby incorporate this Addendum - General Terms & Conditions (“Addendum”) into the agreement between ECS and Vendor (the “Agreement”). If this Addendum conflicts with the Agreement terms, this Addendum shall control. Contractor's submission of bid or acceptance of contract shall constitute Contractor's agreement to the terms and conditions set forth within the entirety of this contract and its addendum of general terms and conditions.

2. Purchase Order and Stipulations. ECS requires that a contractor have a purchase order, or a purchase order number issued by a representative of the ECS team that will specify the manner, location, etc. specified per the contract before shipping any merchandise. The purchase order number must be shown on all invoices. The purchase order shall contain shipping instructions, including shipping destination, required acceptance date, and acceptable delivery times.

3. Payment Terms. Invoices on properly accepted goods or services submitted with sufficient details will generally be paid within 30 days of receipt of the invoice or after receipt of the goods/services, whichever happens last. Vendor must submit a W-9 prior to receipt of first payment to accurately verify the Vendor’s information regarding their entity type, federal tax classification, and Taxpayer ID Number (TIN). "Properly accepted" means receipt, inspection, and approval of the goods or services. In the case of a bona fide dispute, payment will be authorized only for the amount not disputed. Payment for goods delivered does not constitute acceptance of those goods. ECS reserves the right to inspect and test such goods and to reject, and return to Contractor, at Contractor's expense, goods (a) delivered more than the quantity defined on the contract, (b) which do not conform to specifications, (c) which in any way violate any federal, state, or local law, or (d) which are in any way defective. Defective or rejected goods shall not be replaced except upon thereceipt by the contractor of written instructions from ECS. If ECS receives goods with a defect or nonconformity which are not apparent upon examination, ECS reserves the right to require replacement, as well as payment of damages upon discovery of the defect or non-conformity.

Nothing contained in the contract shall relieve in any way the Contractor from the obligation of testing, inspection, and quality control. The Contractor shall submit the final invoice for payment to ECS no more than 45 days after the contract ends or is terminated. If the Contractor fails to do so, unless waived in writing by ECS, all rights to payment are forfeited and ECS will not honor any requests submitted after the above 45-day period. Any payment due under the terms of this contract may be withheld until all reports due from the Contractor and any necessary adjustment(s) thereto have been approved by ECS. ECS shall not be obligated to pay for costs incurred related to the contract prior to its effective date or after the ending date specified. The Contractor shall return to ECS any overpayments disbursed to the Contractor or by ECS due to unearned funds or funds disallowed pursuant to the terms of the contract. In the event the Contractor, ECS or an independent auditor discover an overpayment was received, the Contractor shall repay said overpayment within forty calendar days or be subject to interest charges on the unpaid balance. Invoices should be

ECS ITB • Page 7 submitted directly to Episcopal Children’s Services, 8649 Baypine Road, Ste. 300, Bldg. 7, Jacksonville, FL 32256 or emailed to ap@ecs4kids.org.

4. Relationship of the Parties. Each of the parties is an independent contractor and nothing in the Agreement shall designate any of the employees or agents of one party as employees or agents of the other. Vendor represents and warrants that it is not on the federal or state Convicted or Ineligible Vendor List (see federal E.O.s 12549 and 12689 and Florida statutes § 287.133 and § 287.134, F.S.). Vendor hereby assumes all risks attributable to the willful or negligent acts or omissions of Vendor and its officers, employees, agents and subcontractors or persons otherwise acting at the instance of Vendor, in furtherance of fulfilling Vendor’s obligations.

5. Confidentiality. Vendor acknowledges that all documents, materials, and information furnished to or learned by Vendor in connection with the Agreement (the “Information”) are and shall always remain proprietary and the sole property of ECS. Vendor shall not disclose Information to third parties unless it obtains ECS’ prior written consent. All Information shall be stored in the United States or other jurisdictions approved by ECS in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of ECS. Vendor acknowledges and agrees that it is responsible for the security of all Information in its possession. Vendor represents and warrants that for the life of the Agreement and/or while Vendor is involved with Information, the software and services used for processing the Information shall be compliant with current regulatory standards. Vendor shall, upon written request, furnish proof of compliance within 10 business days of the request. Vendor will inform ECS’s designated Information Security Officer within 24 hours if it has knowledge of, or can reasonably expect that, a security breach of Information has occurred.

Vendor shall provide appropriate level of detail regarding the breach including, but not limited to, start and end dates, system(s) impacted, estimated number of users impacted, and remediation plans and timeline. Vendor, upon termination of the Agreement, it shall erase, destroy, and render unreadable all ECS data from all computer systems and backups, and certify in writing that these actions have been completed within thirty (30) days of the termination of the Agreement or within seven (7) days of the request of an agent of ECS, whichever shall come first.

6. Records. Vendor agrees to keep and maintain, separate and independent records, in accordance with generally accepted accounting principles, devoted exclusively to its obligations and activities under the Agreement. Such records (including books, ledgers, journals, and accounts) shall contain all entries reflecting the business operations under the Agreement. ECS or its authorized agent shall have the right to audit and inspect such records from time to time during the term of the Agreement, upon reasonable notice to Vendor. The Contractor shall retain such records for five (5) years after the expiration date of the contract. ECS is subject to Chapter 119 of Florida Statutes, the Florida Public Records Law. The Agreement, this Addendum, and any related documents and/or correspondence shall also become a public record subject to the Public Records Law, regardless of any confidentiality provision outlined in the Agreement. ECS may respond to public records requests without providing Vendor any notice. ECS may unilaterally cancel the Agreement for Vendor’s refusal to allow public access to public records related to the Agreement.

Additionally, Vendor shall comply with all applicable requirements of the Public Records Laws, particularly if Vendor is a “Contractor” as defined under § 119.0701, F.S. This provision shall survive the expiration or termination of the Agreement. If vendor has questions regarding the applicability of Chapter 119 to vendor’s duty to provide public records, vendor may contact the custodian of public records at (904)726-1500, or by mail at 8649 Baypine Road, Ste. 300, Bldg. 7, Jacksonville, FL 32256.

7. Indemnification. To the extent permitted by Florida and Federal law, the Contractor agrees to indemnify, defend, and hold ECS, its officers, employees and agents harmless from all fines, claims, assessments, suits, judgments, or damages, consequential or otherwise, including court costs and attorney’s fees, arising out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the contract.

8. Compliance. In its performance, Vendor shall, at its own expense, always in the term:

mailto:ap@ecs4kids.org

ECS ITB • Page 8

a. Permits: have all applicable permits, licenses, consents, and approvals necessary;

b. General: comply with all applicable federal, state, local and ECS rules and regulations, and all other governmental requirements;

c. Privacy: comply with all applicable state and federal laws and ECS policies and procedures governing the use and/or safe keeping of confidential, highly sensitive, and/or personally identifiable or protected information (as may be defined by state or federal law), including, but not limited to, the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), the Pro Children Act, and the Trafficking Victims Protection Act of 2000.

Vendor shall obtain, in advance, all necessary permissions and consents required regarding its collection and/or receipt of any such information. If ECS will share with or provide access to Vendor of any protected identifiable information (“PII”), as may be defined by state or federal law, ECS and Vendor may enter into a separate business associate agreement which will govern the use of the PII (in lieu of this provision). Vendor agrees to include all such terms and conditions contained in any subcontractor or agency contracts providing services on behalf of Vendor;

d. Federal Funds. If ECS has entered into an agreement with the United States of America, or any Department thereof, and the Agreement is in furtherance of the commitments and/or requirements of such federal agreement or funds, Vendor agrees to comply with the terms contained in 12.

Additional Regulation below, detailed by Non-Construction/All and Construction-Repair specific projects; and

e. E-Verify. All terms defined in §448.095, Fla. Stat., are adopted and incorporated into this provision.

Pursuant to §448.095, Fla. Stat., Vendor certifies that it is registered with and uses the U.S.

Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the Vendor during the term of this Agreement. If Vendor enters a contract with a subcontractor to perform work or provide services pursuant to this Agreement, Vendor shall likewise require the subcontractor to comply with the requirements of §448.095, Fla. Stat., and the subcontractor shall provide to Vendor an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. Vendor shall maintain a copy of such affidavit for the duration of the contract. ECS may terminate this Agreement immediately upon notice to Vendor for any violation of this provision.

f. Toxic Substances. If this contract involves the shipping of any item designated as a toxic substance, such shipment must be accompanied by a Material Safety Data Sheet (MSDS).

g. Whistleblower. The Contractor and its subcontractors shall not retaliate against an employee for reporting violations of law, rule or regulation that creates and presents a substantial and specific danger to the public’s health, safety, or welfare. The Contractor and any subcontractor(s) shall inform its employees that they and other persons may file a complaint with the Whistleblower’s Hotline number at 1-800-543-5353.

h. Background Checks. Due to the nature of the services provided by ECS, Contractor and its employees, agents, representative and subcontractors may be required to provide fingerprints and be subject to such background checks depending on the services to be performed. The cost of the background check(s) shall be borne by the Contractor. ECS may require the Contractor to exclude selected Contractor’s employees, agents, representatives, or subcontractors based on the background check results.

i. Child Abuse. Any employee of the Contractor shall immediately report any knowledge or suspicion that a child is abused, abandoned, or neglected by any person responsible for that child’s welfare. Contact the Florida Abuse Hotline (1-800-96ABUSE).

j. Fraud. The Contractor shall report to ECS’s Procurement Manager within 24 hours all suspected or known instances of Contractor’s operational fraud or criminal activities relating to the contract.

k. Subpoena. The Contractor shall notify ECS if any data related to the contract is subpoenaed or used, copied, or removed from the Contractor’s possession by any individual not authorized by ECS

ECS ITB • Page 9 to use, copy, or remove such data. The Contractor shall provide notice to ECS verbally within 24 hours and in writing within 72 hours. The Contractor shall cooperate with ECS in taking all steps which ECS deems advisable to prevent misuse, regain possession of, and/or otherwise protect ECS’s and the data subject’s privacy.

9. General Provisions.

a. Warranties and Performance. Vendor, at a minimum, warrants that the goods and/or services to be provided by Vendor will be free of any material defects and will operate and conform to the specifications provided in all material aspects throughout the term of the Agreement. This warranty shall be in addition to any warranties provided in the Agreement. If ECS determines that the performance of the Contractor is unsatisfactory, ECS will notify the Contractor of the deficiency to be corrected. The Contractor shall provide ECS with a corrective action plan describing how the Contractor will address all issues of contract non-compliance. Correction(s) is to be made within a timeframe specified by ECS. Ultimately, if the Contractor fails to meet and comply with the deliverables established in this contract, ECS will prorate any payments pending and/or request a refund of payment in a proportionate amount equal to the goods/services not received. ECS, at its sole discretion, may offer the Contractor an extension for any listed task, timeline, or deliverable during which the indicated financial consequences shall not apply. Any payment made in reliance on the Contractor’s evidence of performance, which is subsequently determined to be erroneous, will be immediately due to the ECS as an overpayment.

b. Publicity. Vendor shall not make any announcements relating to the Agreement, nor shall Vendor use ECS’ name, trademarks, logos, or marks, without the prior written approval from ECS’ Public Relations department in each instance.

c. Insurance. Vendor shall have and maintain the types and amounts of insurance that, at minimum, will cover Vendor’s (or subcontractor’s) exposure in performing the Agreement and name ECS as additional insured and be primary and non-contributory on Vendor’s policies (except for workers’ compensation & professional liability). All policies shall be in a form and with deductible limits reasonably satisfactory to ECS, with insurance companies reasonably approved by ECS and authorized to do business in the State of Florida. Certificates of all insurance shall be deposited with ECS prior to the date of the Agreement. All insurance policies and certificates shall contain a provision that it will not be cancelled without giving ECS thirty (30) days’ written notice prior to the effective date of cancellation. Timely renewal certificates will be provided to ECS as coverage renews. Vendor, for and on behalf of itself and each of its insurers, hereby waives all rights of subrogation against ECS for any loss or damage arising from any cause covered by any insurance required to be carried under the Agreement by any other insurance carried by Vendor. Vendor shall provide copies of any insurance policies upon request by ECS. If the professional liability coverage is provided on a claims-made basis, then such insurance shall continue for three (3) years following the expiration or termination of the Agreement. The insurance shall have a retroactive date of placement by the effective date of the Agreement. If the coverage is canceled or non-renewed and not replaced with another similar claims-made policy form, the Vendor must purchase Extended Reporting (“Tail”) coverage for a minimum of three (3) years following the expiration or termination of the Agreement.

d. Third Parties. ECS is not liable for the acts of third parties or the consequences of the acts of third parties. There shall be no third-party beneficiary to the Agreement.

e. Governing Law. The Agreement is governed by the laws of the State of Florida, without regards to its conflicts of law principles. Exclusive venue of any actions shall be in Duval County, Florida.

f. Travel Expenses. If ECS is responsible for reimbursing Vendor for travel expenses pursuant to the Agreement, bills shall be subject to, and shall be submitted by Vendor in accordance with, § 112.061, F.S. and ECS Travel Policy. ECS reserves the right not to pay travel expenses unless ECS approves such expenses in advance, in writing. ECS has the right to make travel arrangements for Vendor.

g. Lobbying. Vendor is prohibited from using funds provided under the Agreement to lobby the Legislature or any official, officer, commission, board, authority, council, committee, or department of the executive branch or the judicial branch of state government.

ECS ITB • Page 10

h. Conflicts. Vendor represents that it is aware of the requirements of Chapter 112, Florida Statutes and in compliance with the requirements thereof, and other laws and regulations concerning conflicts of interests in dealing with entities of the State of Florida. Vendor certifies that its directors and/or principal officers are not employed and/or affiliated with ECS unless a current Conflict of Interest (Report of Outside Activity/Employment) form has been completed, executed by such director or officer, and approved in accordance with applicable agency policies or rules. Violation of this section shall be grounds for termination of the Agreement.

i. Termination. Upon giving at least thirty (30) days’ written notice to Vendor, ECS may terminate the Agreement, at any time, with no further obligation to Vendor, other than to pay for any goods received or services rendered in compliance with the Agreement prior to the effective date of termination. ECS shall not be liable for any late fees or early termination charges related to invoice or contract disputes. A reconciliation of point-in-time fees due shall be performed to assess any over or under payment, and the responsible party will be obligated to reimburse the other party for such charges at the point of termination.

j. PCI‐DSS: as may be applicable, deliver all services in full compliance with the most recent version of the Payment Card Industry Data Security Standard (PCI‐ DSS) in effect at the time-of-service delivery. Vendor will treat all ECS provided infrastructure and resources as public and non‐secure, regardless of measures ECS may choose to put in place. Vendor will also maintain all required qualifications and periodically furnish proof of ongoing compliance in the form of an Attestation of Compliance to demonstrate to ECS that Vendor is continuously operating in full compliance with PCI‐DSS and is not relying on ECS for any aspect of that compliance. If Vendor loses any required certification or the certification lapses, Vendor shall immediately notify ECS, and ECS will have an option to terminate this contract and receive a refund for unrendered services.

k. Force Majeure. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by due to conditions beyond its reasonable control including but not limited to: an act of war, hostile foreign action, labor strike, epidemics, pandemics, quarantines, national or regional emergency, public health emergency, changes in laws and governmental policies, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. The parties shall mutually seek a resolution of the delay or the failure to perform as noted above.

l. Deletion. Any term and/or condition in the Agreement on the following subject matters are hereby deleted in their entirety and declared null and void: (a) Grants of exclusivity by ECS to Vendor; (b) Restrictions on the hiring of Vendor’s employees; (c) ECS’ responsibility to pay intangible taxes, property taxes, or sales taxes; (d) ECS’ tort liability; (e) Automatic renewals of the term of the Agreement; (f) Limitation of time to bring suit; (g) Limitation of Vendor’s liability; (h) that ECS performs reporting functions and/or maintains certain types of operations (i) Granting Vendor any right to audit ECS; (j) Attorneys’ or collection fees provisions; (k) Arbitration and mediation clauses;

and (l) Indemnification of Vendor by ECS.

m. Assignment. Vendor shall not assign, transfer, delegate, subcontract, or otherwise dispose of, whether voluntarily, involuntarily, or by operation of law, any right or obligation under the Agreement without the prior written consent of ECS, not to be unreasonably withheld. Any such unapproved assignment, subcontracting or transfer is void. No subcontracting or delegation shall in any event relieve Vendor of any obligation or liability under the Agreement.

n. Modifications. This contract may only be modified by a change purchase order agreed to by both ECS and the Contractor. Should a court determine any provision of the contract is invalid, the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the provision held to be invalid.

o. Changes. ECS shall have the right at any time to make changes in drawings, designs, specifications, materials, packaging, time and place of delivery and method of transportation. If any changes cause an increase or decrease in the cost or the time required for performance of this contract, an equitable adjustment shall be made, and this contract shall be modified in writing accordingly. Contractor agrees to accept any such changes subject to this paragraph.

ECS ITB • Page 11

p. Legal Revisions. The Parties agree to negotiate changes to the contract if Federal or State revisions of any applicable laws or regulations make changes in the contract necessary.

10. No counterparts; Signatures. The Agreement may not be executed in counterparts. It may be signed electronically, and such electronic signatures shall constitute an original for all purposes. The parties represent and warrant that any person signing the Agreement has the authority to do so and that such signature shall be sufficient to bind Vendor. This Agreement shall be considered signed if/when a party’s signature is delivered by facsimile or e-mail transmission of a “.pdf” format date file, including via DocuSign. Such signature via DocuSign shall be treated in all respects as having the same force and effect as an original signature.

11. Entire Agreement. This contract, and any documents referred to on the face hereof, constitute the entire agreement of the parties.

12. Additional Regulation. Where applicable to this contract, all Contractors shall abide by, and comply with, the following federal and/or state statutes and regulations:

A. Equal Employment Opportunity – Vendor shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

B. Department of Commerce at 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Awards, Contracts and Cooperative Agreements.”

C. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.

1251-1387)

D. Byrd Anti-Lobbying Amendment 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995.

E. Debarment and Suspension (E.O.s 12549 and 12689) F. Recovered Materials (2 CFR 200.317): Contractors, where applicable, will comply with section 6002 of the Solid Waste Disposal Act.

G. Electronic and Information Technology Accessibility standards provided in Rule 60-8.002, F.A.C.;

282.603, F.S.; and 2 CFR 200.335, Methods for collection, transmission and storage of information.

H. Certification of Minority Business Enterprises, Florida Statute 287.0943 I. Federal Food Drug and Cosmetic Act including the Food Additives Amendment of 1958.

J. Drug-Free Workplace compliant with 41 USC 81.

K. In accordance with Executive contract 11-116, the Contractor agrees to utilize the U.S. Agency of

Homeland Security’s E-Verify system.

L. Title XX of Public Law 103-227, the Pro-Kids Act of 1994 (as amended by the Pro Children Act of

2001, 42 U.S.C. 60.

M. Trafficking Victims Protection Act of 2000: Contractors supplying goods and services to ECS will fully comply with the Trafficking Victims Protection Act of 2000.

N. Federal Insecticide, Fungicide, and Rodenticide Act.

O. Copeland Anti-Kickback Act (18 U.S.C. 874 and 40 U.S.C. 276c) P. Davis-Bacon Act (40 U.S.C. 276a, et. seq.), as supplemented by USDOL regulations (29 CFR

Part 5) Q. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (40 U.S.C. 327-333) R. “Buy American Act” (P.L. 103-333, the USDOL, USDHHS, USDOE and Related Agencies

Appropriations Act of 1995, section 507).

S. Build America, Buy America Act, BABA Act, P.L. 117-58, Secs 70911 - 70917 https://www.flrules.org/gateway/RuleNo.asp?ID=60-8.002

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XII. EXHIBIT A: Insurance Requirements Without limiting its liability under this Contract and prior to commencement of work, the Contractor shall procure and maintain for the life of this Contract, at its sole expense, insurance including all terms, conditions, types and limits in the amounts not less than stated below:

SCHEDULE LIMITS

Worker’s Compensation Florida Statutory Coverage Employer’s Liability (including appropriate Federal Acts) $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Each Employee/Disease The Contractor’s insurance shall cover the Contractor, its employees and its subcontractors of any tier to the extent its subcontractors of any tier are not otherwise insured. For those sources of liability which would be covered by the latest edition of the standard Workers’ Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03), those which are required by the State of Florida, or any restrictive NCCI endorsements which, under an NCCI filing, must be attached to the policy (i.e., mandatory endorsements). In addition to coverage for the Florida Workers’ Compensation Act, where appropriate, coverage is to be included for the Federal Employers’ Liability Act and any other applicable federal or state law.

Commercial General Liability (Form CG0001) $2,000,000 General Aggregate $2,000,000 Products/Comp. Ops Aggregate $1,000,000 Personal/Advertising Injury $1,000,000 Each Occurrence The Contractor’s insurance shall be no more restrictive than that provided by the most recent version of the standard Commercial General Liability Form (ISO Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements other than those approved by the City of Jacksonville’s Office of Insurance and Risk Management. The Contractor shall continue to maintain products/completed operations coverage in the amounts stated above for a period of three (3) years after the final completion of the Work. The General Liability coverage shall be on an occurrence basis all coverages.

Automobile Liability $1,000,000 Combined Single Limit The Contractor’s insurance shall cover all automobiles, owned, hired or non-owned used in the performance of the Work and be provided on a form no more restrictive than that provided by the most recent version of the standard Business Auto Coverage Form (ISO Form CA 00 01) as filed for use in the State of Florida without any restrictive endorsements other than those approved by the City’s Office of Insurance and Risk Management. The Automobile Liability coverage shall be on an occurrence basis all coverages.

Builder’s Risk Equal to 100% of Completed Project Value The Contractor’s Builder’s Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES.

Special Terms:

A. The Builder’s Risk policy shall have the following Named Insured: The Contractor and ECS their members, officials, officers, employees, and agents.

B. The Builder’s Risk policy shall name ECS as a loss payee.

C. Between the Builder’s Risk Policy and the homeowner’s property insurance the Contractor shall cover any gaps prior to closing, if any, with Property Insurance (All Risk of Physical Damage) meeting all the conditions of the section.

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D. The Builder’s Risk policy shall not be subject to a coinsurance clause.

E. The Builder’s Risk policy, other than for windstorm and hail, shall not have a deductible greater than the matrix shown below:

Peril Type Project Cost Maximum Deductible Windstorm / Hail N/A 5% of Completed Value All other Perils $0-$10,000 $ 5,000 All other Perils $10,000-$49,999 $10,000 All other Perils $50,000-Above $20,000

Professional Liability $1,000,000 per Claim $2,000,000 Aggregate The Contractor will ensure that any entity performing professional services as a part of this contract shall maintain professional liability coverage on an Occurrence Form. A Claims Made Form is acceptable, provided there is a three-year reporting period, beyond the expiration date of the policy that is retroactive to at least the first date of this Contract.

Contractor’s Pollution Liability $1,000,000 per Loss $2,000,000 Annual Aggregate The Contractor will ensure that any entity performing services as part of this contract for environmental or pollution related concerns shall maintain Contractor’s Pollution Liability coverage.

Such Coverage will include bodily injury, sickness, and disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to destruction of tangible property including resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages;

coverage for losses caused by pollution conditions that arises from the operations of the contractor including transportation.

Pollution Legal Liability $1,000,000 per Loss $2,000,000 Aggregate The Contractor will ensure that any entity performing services as a part of this contract that require disposal of any hazardous material off the job site shall maintain Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under this contract.

Additional Provisions A. Additional Insured: All insurance, except for Worker’s Compensation and Professional Liability, shall name ECS as additional insured and evidenced by the insured’s Certificate of Insurance as follows: “ECS and its members, officials, officers, employees and agents are additional insureds.” The Commercial General Liability an additional insured form shall be no more restrictive than the most recent versions of both ISO Form CG 2010 and ISO Form CG 2037. The Automobile Liability additional insured form shall be no more restrictive than the most recent versions of both ISO Form

CA2048.

B. Waiver of Subrogation: All insurance shall be endorsed to provide for a waiver of underwriter’s rights of subrogation in favor of ECS, its members, officials, officers, employees and agents.

C. Certificate of Insurance: Prior to commencing any Services, and no later than contract execution, Certificates of Insurance demonstrating the maintenance of the Contractor’s General Liability, Workers’ Compensation/Employer’s Liability and Automobile Liability must be approved by

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ECS. Prior to the commencement of professional services for this contract and/or actual construction work, the Contractor must submit, and Risk Management must approve, any other insurance maintained by the Contractor for this Contract.

D. Deductibles: The Contractor shall be responsible for paying for any self-insurance, deductibles or self- insured retentions for policies of the insured’s procured and maintained for compliance with this Contract. ECS reserves the right to require coverage on a first dollar basis without the application of any self- insurance, deductibles or self-insured retentions.

E. Primary & Non-Contributory: All insurance required to perform services for this Contract shall apply on a primary basis to, and not require contribution by, any other insurance or self-insurance maintained by ECS.

F. Additional Remedies: Compliance with the insurance requirements of this Contract shall not limit the liability of the Contractor or any of its subcontractors.

G. Survival: The liabilities of the Contractor under this Contract shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverage.

H. Policy Disclosures: If requested by ECS within 30 days of receipt, the Contractor shall deliver a certified, complete copy of the policies of insurance providing the coverage required herein.

I. Notice: The Contractor shall provide an endorsement issued by its insurer to provide ECS thirty

(30) days prior written notice of any change of coverage, limits, or cancellation, including expiration or non-renewal, for the insurance required by this contract. If such endorsement is not available, the Contractor shall provide ECS the thirty (30) days prior written notice.

J. Carrier Qualifications: All policies shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes or a company that is declared as an approved Surplus Lines carrier under Chapter 626 Florida Statutes, with an A.M. Best Rating of A-VII or better.

K. No Waiver by ECS Approval/Disapproval. Neither approval by ECS nor failure to disapprove the insurance furnished by provider shall relieve provider of provider’s full responsibility to provide insurance as required under this Contract.

l. Additional Insurance Coverages: Depending upon the nature of the Services and accompanying exposures and liabilities, ECS may reasonably require additional insurance coverage in the amounts responsive to those liabilities, which may or may not require that ECS also be named as an additional insured.

XIII. OTHER REQUIREMENTS

All Bids must be submitted on Bidnet Direct website.

XIV. DEFINITIONS

Business Concern – a business entity formed in accordance with State law and which is licensed under State county or municipal law to engage in the type of business activity for which it was formed.

Contractors - any entity which contracts to perform work.

New Hires – full-time employees for permanent temporary or seasonal employment opportunities.

Subcontractor – any entity (other than a person who is an employee of the design firm) which has a contract with a design firm to undertake a portion of the firm’s obligation for the performance of the work.

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ATTACHMENTS

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Attachment 1

CONFLICT OF INTEREST CERTIFICATE

I hereby certify that no official or employee of ECS or independent agency requiring the goods or services described in these specifications has a material financial interest in this company.

Signature of Company Representative Date

Name of Representative (type or print)

Company Name

Business Address

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Attachment 2

Project: Playground Project

SCOPE OF WORK & BID SUMMARY FORM

Scope of Work*

• Removal and Disposal of existing playground climber.

• Supply and install 875 SF of 4” concrete base for PIP surfacing

• Supply and install 875 SF of PIP surfacing for fall zone o 50/50 blend green/black

• Supply and install Ultra Play Discovery Range composite play structure – natural color scheme o Structure placed on PIP surface

• Sidewalk around PIP surfacing to be 4’W

• Replace existing wooden fence along back and side of the playground. (Price as an optional add-on)

• Project location: 1100 Stockton Street, Jacksonville, FL 32204

• Project access to the property is 24/7

• Not listed on SAM.gov reporting

• Not listed as a Scrutinized Company on any federal, state, or city lists.

*Contractor added items will be evaluated separately from the original scope of work. Therefore, the contractor will not be penalized for documenting and submitting additional required contract items for consideration. Pending the availability of funding and the necessity of the proposed contract item they may be added to the final scope of work.

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Attachment 3

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