IFB 048-26-CPW Solicitation.pdf

INVITATION FOR BID

Waverly Road Sidewalk Improvements Project

IFB 048-26-CPW

FPID: 455262-1-58-01

Purchasing Buyer or Agent: Carolynn Wilhite Date: 06/04/2026

TABLE OF CONTENTS

Section Page Number Section 1 - Notices/Instructions to Bidders Section 2 - Schedule of Events and Evaluation Section 3 - Scope of Work Proposal Bid Security Forms

Representations and Certifications Drug Free Certification Trench Safety Act Form Affidavit Regarding Labor and Services (FDOT form) Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (FDOT form) Certification for Disclosure of Lobbying Activities on federal-aid contracts (FDOT form) Disclosure of Lobbying Activities (FDOT form) LAP Certification of Current Capacity (FDOT form) Non-collusion declaration and Compliance with 49 CFR § 29 (FDOT form)

Contract for Construction Contract Exhibit A Required Contract Provisions FHWA 1273 Contract Exhibit B Wage Decision Tables

Contract Bond Performance Bond General Provisions Special Provisions Supplemental Information Local Agency Program Construction Contract Requirements LAP Specifications Package COT Supplemental Specifications Permits (Separate Attachments) Drawings/Plans (Separate Attachment)

NOTICES/INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

SECTION DESCRIPTION

1.0 Notices/Instructions to Bidders

1.1 Introduction

1.2 Personnel to Contact on this Solicitation

1.3 Submittal Response Requirements

1.4 Minority Business Enterprise Participation

1.5 Local Preference

1.6 Contract Award

1.7 Right of Rejection

1.8 General Terms and Conditions

1.9 Grievance Procedures

1.10 Selection Process/Award

1.11 Confidentiality

1.12 Prohibited Communications

1.13 Termination

1.14 Indemnification

1.15 Certification of Drug-Free Workplace

1.16 Cost Incurred by Contractors

1.17 Late Submission/Modification/Withdrawal of Submittals

1.18 Review and Approval of Contract Staff

1.19 E-Verify

1.20 Conflict of Interest

1.21 Availability of Funds

1.22 Severability

1.23 Remedies

1.24 Enforcement Costs

1.25 Purchases by Other Public Agencies

1.26 Contractor Questions Regarding Chapter 119, Florida Statutes

1.27 Scrutinized Company List

1.28 Preparation of Bids

1.29 Request for Copy of Submitted Bid

1.30 Identification of Hazardous Materials

1.31 Approval of Resultant Contract

1.32 Supplier Portal

1.33 Performance Security

1.34 Acceptable Surety Companies

1.35 Prequalification

1.36 Bid Submittal Requirements

1.37 Post Award Requirements

SECTION 1.0 NOTICES / INSTRUCTIONS TO BIDDERS

1.1 INTRODUCTION

a. The City of Tallahassee, Florida (“City”) invites prospective Bidders to submit bids to provide the items or services specified in this solicitation.

b. "Bid", as used in this solicitation, means an offer submitted by a prospective Bidder in response to this solicitation that, if accepted by the City, would bind the Bidder to perform the resulting contract. In addition to prices, the bid may include other information and/or completed documents submitted by the Bidder, as required by this solicitation.

1.2 PERSONNEL TO CONTACT ON THIS SOLICITATION

Carolynn Wilhite Carolynn.wilhite@talgov.com

(850) 891-5348 City of Tallahassee, Procurement Services, 2602 Jackson Bluff Rd., Tallahassee, FL. 32304

1.3 SUBMITTAL RESPONSE REQUIREMENTS

Each Bidder MUST, by the date and time set for receipt of bids, accept, furnish and/or complete all documents specified in response to this solicitation. Failure to provide this information may be grounds for your submittal to be considered non-responsive.

The City of Tallahassee (“City”) uses EUNA https://talgov.bonfirehub.com to administer the competitive solicitation process, including but not limited to soliciting qualifications, issuing addenda, posting results, and issuing notification of an intended decision. There is no charge to register, download, or submit a Response with EUNA for the City opportunities.

Respondents are strongly encouraged to read the various vendor Guides and Tutorials available in EUNA well in advance of their intention of submitting a Response to ensure familiarity with the use of EUNA.

When submitting a response (proposal, quote or bid) electronically through Euna, it is the sole responsibility of the Bidder to ensure that the response is received by Euna prior to the closing date and time. Each of the following steps in Euna MUST be completed in order to place an offer:

1. Login to

2. https://www.gobonfire.com

3. Locate the solicitation to which you are responding:

• Click the “Search’ tab on the top left of the page;

• Enter keyword for solicitation number and click “Search”

4. Click on the “Solicitation title/description” to open the solicitation Information Page;

5. “View and Accept” documents in the documents section and complete all as required;

6. Select “Place Offer” found at the bottom of the page;

7. On the Line Item tab, enter pricing, notes and attachments as specified in the statement of work;

8. Click “Submit” at the bottom of the page;

9. Review offer; and

10. Enter your password and click “Confirm”.

Waverly Road Sidewalk Bid Package 4 https://talgov.bonfirehub.com/ https://www.gobonfire.com/

The final step in submitting a response involves the Bidder’s acknowledgement that the information and documents entered into the Euna system are accurate and represent the supplier’s actual proposal, quote or bid. This acknowledgement is registered in Bonfire when the supplier clicks “Confirm”. Euna will post a notice that the offer has been received. This notice from Euna MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. NOTE: RESPONSES ARE

NOT VISIBLE UNTIL AFTER THE DUE DATE AND TIME.

EUNA LINE ITEM(S) – COST/PRICE

The Bidder shall provide cost/price for the products or services requested and in the unit type(s) requested by the City, i.e. (each, lot, job, hour, gross, lump sum, etc.). Bidders shall submit their costs/prices based on bid instructions. Any Bidder’s not adhering to the pricing format may be deemed non-responsive and not considered for any award.

The response to this BID should include all information required. The submitted bid must follow the rules and format described in the Statement of Work. Adherence to these rules will ensure a fair and objective analysis of all bids.

The City reserves the right to seek additional/supplemental representation on specific issues as needed.

1.3.1 EXPLANATIONS / INTERPRETATIONS

Any questions related to this solicitation must be submitted in writing through the Euna System via the Questions and Answers (Q&A) section and received by the City by the deadline date and time specified. The Purchasing Agent / Bid Contact identified for this solicitation will respond to questions submitted via Bonfire in accordance with the solicitation timeline for answering questions.

Do not contact other City employees or representatives regarding this solicitation. See Section1.12 Prohibited Communication.

Oral explanations or instructions will not be binding. Any information given to a Bidder, which, in the opinion of the Procurement Services Office, affects all Bidders or would be prejudicial to other Bidders if not communicated, shall be furnished to all other Bidders as an addendum to the solicitation.

1.3.2 MANDATORY PRE-BID CONFERENCE

a. All interested prime bidders attending the above-required meetings MUST sign-in, as proof of attendance.

b. Bids shall be rejected if submitted by prime bidders that do not attend the above-required meetings and sign attendance.

c. Bidders are cautioned that in no event shall failure to familiarize themselves with the requirements of this solicitation or to resolve ambiguous or inconsistent terms or conditions of this solicitation or proposed contract constitute grounds for a claim of any kind after contract award.

Waverly Road Sidewalk Bid Package 5

MANDATORY PRE-BID MEETING: June 16th, 2026 @ 2:00 PM (EST) ON MICROSOFT

TEAMS (SEE BELOW)

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/2761713189798?p=XZL3ve0Md068lvHi8b Meeting ID: 276 171 318 979 8 Passcode: yY7VT39s

Need help? | System reference Dial in by phone +1 850-792-4991,,418039015# United States, Tallahassee Find a local number Phone conference ID: 418 039 015# Join on a video conferencing device Tenant key: talgov@m.webex.com Video ID: 114 468 651 9 More info For organizers: Meeting options | Reset dial-in PIN

1.3.3 SPECIAL ACCOMMODATIONS FOR MEETINGS

Persons with disabilities requiring reasonable accommodations to attend any scheduled meetings please contact the Purchasing Agent at least forty-eight (48) hours in advance, excluding Saturday, Sunday, and City observed holidays.

For speech and hearing impaired: FRS TDD at 711

1.4 MINORITY AND WOMEN BUSINESS ENTERPRISE (MWBE) PARTICIPATION PLAN

This IFB and resulting Agreement are subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 26, i.e., the Disadvantaged Business Enterprise (DBE) program. The successful Bidder shall comply with FDOT’s approved DBE program which was developed in compliance with all the requirements of U.S. Department of Transportation's DBE regulations, Title 49, Code of Federal Regulations, Part 26.

1.5 LOCAL PREFERENCE

No local or state hiring preference, local vendor preference, tie-break preference, or other geographic preference shall be applied unless specifically authorized by applicable federal law and approved by FDOT/FHWA.

1.6 CONTRACT AWARD - INVITATION FOR BIDS

a. The City will evaluate bids in response to this solicitation without discussions and contemplates a single award to the lowest responsive and responsible Bidder whose bid conforms to federal requirements and the requirements of this solicitation.

b. The City may (1) Reject any or all bids; (2) Accept other than the lowest bid(s) if the lowest bid is non-responsive; and (3) Waive informalities or minor irregularities in bids received.

The City may reject a bid as non-responsive if the prices bid are materially unbalanced between line items or sub line items. A bid will be considered materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work and thereby creating a reasonable doubt that the bid will result in the lowest overall cost to the City, even though it may be the apparent low bid, or creating a circumstance which are deemed tantamount to allowing an advance payment.

c. The written award or acceptance of a bid will be made by the City using the attached

Waverly Road Sidewalk Bid Package 6 https://teams.microsoft.com/meet/2761713189798?p=XZL3ve0Md068lvHi8b https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTNiNjJlZWMtNGVlYi00OGViLWIyYmUtNGQ5YjY2YjY3MTI1%40thread.v2/0?context=%7b%22Tid%22%3a%22b83d23e4-3e8a-4e54-9426-be16e2ce2693%22%2c%22Oid%22%3a%220f65b16a-7e39-41d0-83c8-0b6dc43a7d07%22%7d tel:+18507924991,,418039015 https://dialin.teams.microsoft.com/b37f23c9-bd7b-4cab-b7da-d11e6fb57b83?id=418039015 https://www.webex.com/msteams?confid=1144686519&tenantkey=talgov&domain=m.webex.com https://teams.microsoft.com/meetingOptions/?organizerId=0f65b16a-7e39-41d0-83c8-0b6dc43a7d07&tenantId=b83d23e4-3e8a-4e54-9426-be16e2ce2693&threadId=19_meeting_OTNiNjJlZWMtNGVlYi00OGViLWIyYmUtNGQ5YjY2YjY3MTI1@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing proposed contract entitled, "CONTRACT Between the City of Tallahassee and (CONTRACTOR)". The Bidder shall not alter (delete, add, modify, etc.) any portion of this form document.

d. Bidders are cautioned to read the proposed contract carefully, as it will be binding on both parties once the written award or acceptance of a bid is made by the City.

1.7 RIGHT OF REJECTION

The City reserves the right to reject any or all bids in whole or in part, with or without cause, to waive any informality in any bid or proposal, and/or to accept the bid that in its judgment will be in the best interest of the City of Tallahassee and its citizens.

A Bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.

Without limiting the foregoing, the Manager for Procurement Services can disqualify any Bidder and reject the Bidder’s bid for any of the following reasons:

a. The submission of more than one bid for the same work from an individual, firm, or other business entity under the same or a different name.

b. Evidence that a Bidder has a financial interest in the firm or business entity of another

Bidder for the same work.

c. Evidence of collusion among Bidders.

d. Uncompleted work on another project or projects that, in judgment of the Manager for

Procurement Services, could hinder or prevent the prompt completion of the work that is the subject of this Invitation to Bid.

e. Failure to pay or satisfactorily settle all bills due for labor or material on any other contract.

f. Default under a contract with the City, or with any other, federal, state, or local governmental entity.

g. Employment of unauthorized aliens in violation of Section 274A(e) of the Immigration and Nationality Act.

h. Falsification or misrepresentation on any form required by the City.

i. Failure to meet contract bids, qualifications or specifications

1.8 GENERAL TERMS AND CONDITIONS

1.8.1 EQUAL OPPORTUNITY AGREEMENT

a. In connection with work performed under a City of Tallahassee contract, the respondent agrees, upon receipt of a written award or acceptance of a contract, to support and abide by the City's Equal Opportunity Pledge.

b. By submitting a bid/proposal, the respondent agrees to --

i. Not discriminate against any employee or job applicant because of their race, creed, color, sex, marital status or national origin;

ii. Post a copy of this pledge in a conspicuous place, available to all employees and job applicants.

iii. Respondent shall place or cause to be placed a statement in all solicitations or advertisement for job applicants, including subcontracts, that the respondent is an "Equal Opportunity Employer".

1.8.2 PUBLIC ENTITY CRIMES

As required by Florida State Statute 287.133, (2) (a), A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not

Waverly Road Sidewalk Bid Package 7 submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or a public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO [$35,000] for a period of 36 months from the date of being placed on the convicted vendor list. Any person must notify the City within 30 days after a conviction of a public entity crime applicable to that person or to an affiliate of that person.

1.8.3 ISSUANCE OF ADDENDA

a. If this solicitation is amended, the City will issue an appropriate addendum to the solicitation. If an addendum is issued, all terms and conditions that are not specifically modified shall remain unchanged.

b. Bidder shall accept the Addendum in Bonfire.

c. Only when directed in solicitation shall Bidder acknowledge receipt of each addendum to this solicitation using one of the following methods:

i. By signing and returning the addendum;

ii. By signed letter;

d. The City must receive the acknowledgment by the time and date, and at the location specified for receipt of bids.

1.8.4 PAYMENT

1.8.4.1 Prompt Pay Policy

It is the policy of the City of Tallahassee to fully implement the provisions of the State of Florida Local Government Prompt Payment Act. For more information, please refer to Florida Statute 218.70.

1.8.4.2 Withholding Payment

In the event a contract is canceled under any provision herein, the City of Tallahassee may withhold from the Contractor any monies owed on that or any contract, an amount sufficient to compensate for damages suffered because of the violation resulting in cancellation.

1.8.4.3 Payment

The City shall pay the Contractor, either by government credit card or upon the submission of proper invoices or contract pay requests, the prices stipulated in this contract, less any deductions.

1.8.4.4 Discounts for Prompt Payment

a. Discounts for prompt payment will not be considered in the evaluation of bids. However, any offered discount will form a part of the award and will be taken if payment is made within the discount period indicated by the Bidder in the proposed contract.

b. If a prompt payment discount is offered, the discount period shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the discount period shall be calculated from the date the Accounts Payable Office receives a proper invoice, provided the Accounts Payable Office annotates such invoice with the date of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, if authorized, the specified payment date. When the discount period ends on a Saturday, Sunday, or City observed holiday, such period shall be deemed extended until the following business day.

Waverly Road Sidewalk Bid Package 8

1.8.5 INSURANCE REQUIREMENTS

Prior to commencing work, the Contractor shall procure and maintain at Contractor's own cost and expense for the duration of the agreement the following insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Contractor, his agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in Contractor's proposal.

1.8.5.1 Limits

Contractor shall maintain limits no less than:

Commercial General/Umbrella Liability Insurance - $3,000,000 limit per occurrence for property damage and bodily injury. The service provider should indicate in its proposal whether the coverage is provided on a claims-made or preferably on an occurrence basis.

The insurance shall include coverage for the following:

• Premise/Operations

• Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project)

• Products/Completed Operations

• Contractual

• Independent Contractors

• Broad Form Property Damage

• Personal Injury

Business Automobile/Umbrella Liability Insurance - $1,000,000 limit per accident for property damage and personal injury.

• Owned/Leased Autos

• Non-owned Autos

• Hired Autos

Workers’ Compensation and Employers’/Umbrella Liability Insurance - Workers’ Compensation coverage with benefits and monetary limits as set forth in Chapter 440, Florida Statutes. This policy shall include Employers’/Umbrella Liability coverage for $1,000,000 per accident. Workers’ Compensation coverage is required as a condition of performing work or services for the City whether or not the Contractor or Vendor is otherwise required by law to provide such coverage.

Professional Liability Insurance (if applicable) - $1,000,000 or as per project (ultimate loss value per occurrence).

1.8.5.2 Other Insurance Provisions

1.8.5.2.1 Commercial General Liability and Automobile Liability Coverage

• The City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor;

premises owned, leased or used by the Contractor or premises on which Contractor is performing services on behalf of the City. The coverage shall contain no special limitations on the scope of protection afforded to the City of Tallahassee, members of the City Commission, boards, commissions and committees, officers, agents, employees and volunteers.

• The Contractor's insurance coverage shall be primary insurance as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. Any insurance or self-

Waverly Road Sidewalk Bid Package 9 insurance maintained by the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it.

• Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers.

• Coverage shall state that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

1.8.5.2.2 Workers' Compensation and Employers’ Liability and Property Coverage The insurer shall agree to waive all rights of subrogation against the City of Tallahassee, member of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers for losses arising from activities and operations of Contractor in the performance of services under this Agreement.

1.8.5.2.3 All Coverage

• Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City.

• If Contractor, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.

• Alternatively, City may purchase such required insurance coverage (but has no special obligation to do so), and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.

• City named as "additional insured" as its interest may appear.

1.8.5.2.4 Deductibles and Self-Insured Retention

Any deductibles or self-insured retention’s must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retention’s as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses.

1.8.5.2.5 Acceptability of Insurers

Insurance is to be placed with Florida admitted insurers rated B+X or better by A.M.

Best's rating service.

1.8.5.2.6 Verification of Coverage

Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences.

1.8.5.2.7 Subcontractors

Contractor shall include each of its subcontractors as insureds under the policies of insurance required herein.

1.8.5.3 LIQUIDATED DAMAGES

(a) If the Contractor fails to provide the deliverables, reports, or perform the services within the time specified in this contract, or any extension, the Contractor shall pay to the City as fixed, agreed, and liquidated damages, in accordance with Section 8.10 of

Waverly Road Sidewalk Bid Package 10 the Supplemental Specifications for each consecutive calendar day that the Work continues after expiration of the Contract Time; and/or in the event the City is penalized monetarily by federal, state, or local entities as a result of Contractor delay, error, and/or other poor-performance issues, the Contractor may be required to reimburse the City the full amount of the penalty assessed.

(b) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor.

1.8.5.4 FINANCIAL CONSEQUENCES OF NON-PERFORMANCE

The City may apply financial consequences if the Contractor fails to perform in accordance with the Contract.

If the Contractor fails to remedy the performance deficiencies, the Contractor may be assessed a non-performance retainage equivalent to 10% or $50,000.00, whichever is less, of the total invoice amount for the task or project, or as specified in the contractual documents. The retainage will be applied to the invoice for the then- current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

1.9 GRIEVANCE PROCEDURES

a. Right to Protest. Any prospective Bidder or respondent may protest the provisions of a formal solicitation (Invitation for Bid; Request for Qualifications, or Request for Proposal).

i Protest of Specifications or Proceedings Prior to Bid Opening

Any actual or prospective Bidder, or contractor, who is aggrieved in connection with the solicitation of a contract or bid, may protest on the grounds or irregularities in specifications or bid procedure.

ii Protest of Recommended Award Any actual Bidder or respondent, who is aggrieved in connection with the evaluation of bids, the evaluation of proposals, or the staff recommendation regarding award of a contract, provided that such Bidder or respondent would have been awarded the contract but for the aggrieved action, may protest such evaluation or award recommendation.

b. Filing a Protest. A written protest shall be considered filed, for purposes of this procedure when all related items are actually delivered to and received by the Procurement Services Division. All protest shall be directed to the attention of the Manager for Procurement Services.

i For any protest related to the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within the 72-hour period after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to timely file a written notice of protest or failure to file a formal written protest including the required protest bond/cashier’s check, shall constitute a waiver of such protest.

ii For protest related to the evaluation of bids, evaluation of proposals, or staff recommendation regarding award of a contract, a written notice of intent to protest must be filed with Procurement Services within 72 hours (excludes weekends and holidays) after posting of the intended recommendation regarding award, and a written protest, must be filed with the Procurement Services Division no later than

Waverly Road Sidewalk Bid Package 11

5:00 p.m., ET, on the seventh (7th) calendar day following the date on which the written notice of intent to protest was filed. A weekend commences at 12:00 a.m., ET, on Saturday and ends at the same time on the following Monday. A holiday begins at 12:00 a.m., ET, on the observed holiday and ends at the same time on the following day. Such written protest shall state, with particularity the facts and grounds upon which the protest is based, and shall include references to applicable laws, statutes, ordinances, policies, or other authority on which the protest is based.

Failure to timely file either the notice of intent or the written protest including the protest bond/cashier’s check, shall constitute a waiver of such protest.

c. Protest Bond. Any person who files a formal written protest, shall post with the Procurement Services Division, at the time of filing the formal written protest, a cashier’s check or bond payable to the City of Tallahassee in an amount equal to 1 percent of the City’s estimate of the total volume of the contract or $5,000, whichever is less.

d. Final Decision. The City Attorney or designee shall consider each protest and shall render a final determination. If the decision of the City Attorney or designee upholds the action taken by the City, then the City shall retain the amount in payment of a portion of the cost and expense, including but not limited to, time spent by City staff in responding to the protest and in conducting the evaluation of the protest. If the decision of the City Attorney or designee does not uphold the action taken by the City, then the City shall return that amount, without deduction, to the person or entity filing the protest.

e. Stay of Procurement During Bid Protest In the event protest is filed in accordance with the bid protest procedures herein, Procurement Services shall not proceed further with the solicitation or award of the contract until the City Attorney or designee has rendered a written decision regarding the protest or until the City Manager or designee makes a written determination that continuation of the process and award of a contract without delay is necessary to protect the substantial interest of the City.

1.10 SELECTION PROCESS/AWARD

Sealed competitive bidding is the required method for acquiring supplies and services when the estimated cost is above $50,000. Award is made to the lowest responsive and responsible bidder(s) whose bid complies with the requirements contained in the IFB.

1.10.1 Evaluation of Bid Prices

Bidders shall provide cost/price for the products or services requested and in the unit type(s) requested by the City, (each, lot, job, hour, gross, lump sum, etc.). Bidders shall submit their costs/prices based on bid instructions. In case of any discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, and the bid will be evaluated based on a corrected extended price.

1.10.2 Tabulation Sheet

Bid submissions will be recorded in Bonfire. The final tabulation sheet, with recommended award, will be posted for public viewing in Bonfire and on the Procurement Services Office (PSO) and at Bonfire Internet website at www.gobonfire.com. The final tabulation sheet posted at the PSO shall be considered the “official” City posting and will remain posted for a period of seventy-two (72) hours, not including weekends, and City-observed holidays.

1.10.3 Evaluation of Extension Periods

The City will evaluate bids for award purposes by adding the total price for all contract extensions, if requested, to the total price for the basic term. However, evaluation of extensions will NOT obligate the City to exercise the extension.

1.11 CONFIDENTIALITY

The City takes its public records responsibilities as provided under Chapter 119, F.S., and

Waverly Road Sidewalk Bid Package 12 http://www.gobonfire.com/

Article I, Section 24 of the Florida Constitution, very seriously. If a Respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Respondent must clearly mark and identify in its Response those portions which are confidential, trade secret or otherwise exempt. The Respondent must simultaneously provide the City with a separate redacted copy of its Response only to exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

By submitting a proposal in response to this solicitation, a respondent acknowledges that City is a governmental entity subject to the Florida Public Records Law (Chapter 119, Florida Statutes). The respondent further acknowledges that any materials or documents provided to City may be "public records" and, as such, may be subject to disclosure to, and copying by, the public unless otherwise specifically exempt by statute. Should a respondent provide City with any materials which it believes, in good faith, contain information which would be exempt from disclosure or copying under Florida law, the respondent shall indicate that belief by typing or printing, in bold letters, the phrase "Proprietary Information" on the face of each affected page of such material. The respondent shall submit to the City both a complete copy of such material and a redacted copy in which the exempt information on each affected page, and only such exempt information, has been rendered unreadable. In the event a respondent fails to submit both copies of such material, the copy submitted will be deemed a public record subject to disclosure and copying regardless of any annotations to the contrary on the face of such document or any page(s) thereof. Note, the City does not consider cost bids to be proprietary and this information will be made public.

Should any person request to examine or copy any material so designated and provided the affected Respondent has otherwise fully complied with this provision, City, in reliance on the representations of the Respondent, will produce for that person only the redacted version of the affected material. If the person requests to examine or copy the complete version of the affected material, City shall notify the Respondent of that request, and the Respondent shall reply to such notification, in a writing that must be received by City no later than 4:00 p.m., ET, of the second City business day following Respondent’s receipt of such notification, either permitting or refusing to permit such disclosure or copying. Failure to provide a timely written reply shall be deemed consent to disclosure and copying of the complete copy of such material. If the Respondent refuses to permit disclosure or copying, the Respondent agrees to, and shall, hold harmless and indemnify City for all expenses, costs, damages, and penalties of any kind whatsoever which may be incurred by City, or assessed or awarded against City, in regard to City's refusal to permit disclosure or copying of such material. If litigation is filed in relation to such request and the Respondent is not initially named as a party, the Respondent shall promptly seek to intervene as a defendant in such litigation to defend its claim regarding the confidentiality of such material. This provision shall take precedence over any provisions or conditions of any bid submitted by a Respondent in response to the solicitation and shall constitute City's sole obligation with regard to maintaining confidentiality of any document, material, or information submitted to the City.

1.12 PROHIBITED COMMUNICATIONS

The Purchasing Agent/Procurement Officer identified in Section 1.2 and the Bid Contact section is the sole point of contact regarding this solicitation. Respondents to this solicitation or persons acting on their behalf may not contact, any city commissioner, his or her staff or any evaluation committee members (evaluators) concerning any aspect of this solicitation, between the release of the solicitation until the City Commission or authorized designee awards or approves a contract, rejects all responses, or otherwise takes action which ends

Waverly Road Sidewalk Bid Package 13 the solicitation process. Violation of this provision shall result in disqualification of respondent’s bid, proposal or reply, termination of any resulting contract and suspension or debarment.

1.13 TERMINATION

a. If the Contractor fails to fulfill any of its obligations under this Contract, or otherwise, through no fault of the City, such failure shall be considered a default and shall entitle, but not obligate, the City to suspend performance under or to terminate this Contract, in whole or in part, at the City's discretion, if the Contractor fails to cure such default within thirty (30) days after receipt of a written notice thereof from the City. Furthermore, the City shall have the right to terminate this Contract, in whole or in part, without the Contractor being in default thereunder. Termination shall be effected by delivery to the Contractor of a written notice specifying whether termination is for the default of the Contractor or for the City's convenience, the extent to which services under this Contract are to be terminated, and the date upon which such termination becomes effective. After receipt of such written notice, and except as otherwise directed in writing by the City, the Contractor shall promptly stop work under this Contract on the date and to the extent specified in the notice, terminate all subcontracts to the extent that they relate to the performance of services terminated by the notice, and complete performance of such services as shall not have been terminated by the notice.

b. In the event of termination for convenience, the City shall pay the Contractor (i) the full amount due for goods satisfactorily delivered and/or services satisfactorily rendered, (ii) approved costs and expenses incurred which remain unpaid at the time of such termination, and (iii) such other costs of termination, if any, as may be mutually agreed by the parties. The City shall have the right to set off against amounts otherwise owed the Contractor all amounts owed by the Contractor to the City under this Contract or otherwise.

1.14 INDEMNIFICATION

a. To the extent provided by law, Contractor shall indemnify, defend, and hold harmless the City of Tallahassee and the State of Florida, Department of Transportation, including the Department’s officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of the Contractor, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by the Contractor.

b. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by the Contractor to indemnify City of Tallahassee for the negligent acts or omissions of City of Tallahassee, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by the Contractor to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of the Agreement.

1.15 CERTIFICATION OF DRUG-FREE WORKPLACE FORM

Respondents shall submit one (1) accurately completed Certification of Drug-Free Workplace Form with their Response certifying the Respondent has a drug-free workplace program. This document must be submitted with the Respondent’s Response. Failure to comply with this requirement may result in disqualification of Response.

1.16 COSTS INCURRED BY BIDDER

The City will NOT be responsible, under any circumstances, for any bid preparation costs or other costs incurred by any Bidder before execution of a contract between the City and

Waverly Road Sidewalk Bid Package 14 the successful Bidder(s).

1.17 LATE SUBMISSION, MODIFICATION, AND WITHDRAWAL OF BIDS

a. Any bid received, electronic or in hardcopy form at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it was sent by mail or hand-carried (including delivery by a commercial carrier) and if it is determined by the Procurement Services Office that the late receipt was due primarily to City mishandling after receipt.

b. For hardcopy submissions, the time and date stamp or annotation placed on the bid envelope by the Procurement Services Office shall be conclusive as to the time of receipt.

c. Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. A bid may be withdrawn in person by a Bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. The withdrawal of a bid will not prejudice the right of the contractor to participate on other current or future City solicitations.

d. If an emergency or unanticipated event interrupts normal City processes so as to cause postponement of the scheduled bid opening, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal City processes resume or to such other date and time as may be provided by the Procurement Services Office in a written notice to Bidders.

1.18 REVIEW AND APPROVAL OF CONTRACT STAFF

Not applicable per federal requirements.

1.19 E-VERIFY

The Contractor, and its subcontractors, must register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees, pursuant to Section 448.095, Florida Statutes. Registration must take place prior to execution of this contract. If the Contractor enters into any agreement with a subcontractor for performance of services under this contract, the subcontractor must provide an affidavit to the Contractor which states that the subcontractor does not employ, contract with, or subcontract with any unauthorized aliens. The Contractor is required to maintain a copy of such affidavit throughout the term of this contract.

The Contractor agrees to adhere to the requirements of Section 448.095, Florida Statutes, and understands that failure to comply with the statute will result in termination of the contract. If such termination occurs, the Contractor will not be awarded another City contract for at least one (1) year from the date of contract termination and will be liable for any additional costs incurred by the City as result of the contract termination.

1.20 CONFLICT OF INTEREST

The proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Florida Statutes 112.311. The proposer further represents that no person having any interest shall be employed for said performance. The proposer shall promptly notify the City of Tallahassee Procurement Office in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the proposer’s judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the proposer may undertake and request an opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the proposer.

Waverly Road Sidewalk Bid Package 15

The City agrees to notify the proposer of its opinion by certified mail within thirty (30) days of receipt of the notification by the proposer. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the proposer, the City shall so state in the notification and the proposer shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the City by the proposer under the terms of this Contract.

No member, officer or employee of the City or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

Neither the City nor any of its contractors or their subcontractors shall enter into a contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee or the grant Recipient or the locality during tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, office or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the City, the City with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member officer of employee shall not participate in any action by the City or the locality relating to such contract, subcontract or arrangement. The City shall insert all contracts entered into in connection with the Project or any property included or planned to be included in any project, and shall require its contractors to insert each of their subcontracts, the following provision:

“No member, officer or employee of the City of Tallahassee or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.”

The provisions of this paragraph shall not be applicable to any agreement between the recipient and its fiscal depositories or to any agreement for the utility services the rates for which are fixed or controlled by a governmental agency.

1.21 AVAILABILITY OF FUNDS

The City’s projects performed under this Contract are contingent upon an annual appropriation for its purpose by the Board, or other specified funding source for this procurement.

1.22 SEVERABILITY

If any term or provision of this IFB and subsequent contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this IFB and subsequent Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this IFB and subsequent Contract shall be deemed valid and enforceable to the extent permitted by law.

Waverly Road Sidewalk Bid Package 16

1.23 REMEDIES

This IFB and subsequent Contract shall be governed by the laws of the State of Florida.

Venue for any litigation involving this IFB and subsequent contract shall be the Circuit Court in and for Leon County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

1.24 ENFORCEMENT COSTS

If any legal action or other proceeding is brought for the enforcement of this IFB and subsequent Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this IFB and subsequent Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

1.25 PURCHASES BY OTHER PUBLIC AGENCIES

With the consent and agreement of the successful Bidder(s), purchases may be made under this bid by other governmental agencies or political subdivisions within the State of Florida. Such purchases shall be governed by the same terms and conditions stated herein.

This agreement in no way restricts or interferes with the right of any Florida State or political subdivision or other public entity to bid any or all of these items independently.

1.26 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 AT:

City Treasurer-Clerk

(850) 891-8130 Mailing Address:

City Hall 300 S. Adams Street c/o Records Division, Box A-31 Tallahassee, FL 32301

1.27 SCRUTINIZED COMPANY LIST

Before the Respondent enters into or renews a contract, Contractor must certify that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List and that it does not have business operations in Cuba or Syria, created pursuant to section 215.473, Florida Statutes. At the time the Respondent submits a bid or proposal for a contract or before the Contractor enters into or renews a contract with the City for goods or services of any amount, the Contractor must certify that the Contractor is not participating in a boycott of Israel.