BID COVER PAGE

This page must be completed and uploaded to OpenGov.com with your Submittal.

E-Bidding Document - ITB - Construction - Page 1 of 103

Procurement Division

(352) 334-5021(main)

Issue Date: [08/12/2026]

INVITATION TO BID: #PWDA-260058-SM

Misc. Sidewalks, Curb Ramps, and Bus Stops Phase II (LAP 447233-2-58-01)

PRE-BID MEETING: ☐ Non-Mandatory ☐ Mandatory ☒ N/A ☐ Includes Site Visit

DATE: N/A TIME: N/A

LOCATION: N/A

QUESTION SUBMITTAL DUE DATE: September 2, 2026

NOTE: Main Street Daily - The advertisement must run a minimum of two times within a four week period with the first advertisement running not less than 30 days prior to the established bid opening

(due date), in accordance with 23 CFR 635.112.

All meetings and submittal deadlines are Eastern Time (ET).

DUE DATE FOR UPLOADING BID RESPONSE: Wednesday, September 16, 2026 @ 3:00pm

SUMMARY OF SCOPE OF WORK: Construction of sidewalks, curb ramps and bus stops for compliance with Americans with Disabilities Act (ADA) at various locations shown on the construction plans.

For questions relating to this bid, contact: Sheri Manning; mannings1@cityofgainesville.org

Bidder is not in arrears to City upon any debt, fee, tax or contract: Bidder is NOT in arrears Bidder IS in arrears

Bidder is not a defaulter, as surety or otherwise, upon any obligation to City: Bidder is NOT in default Bidder IS in default

Bidders who receive this bid from sources other than City of Gainesville Procurement Division or OpenGov MUST contact the Procurement Division prior to the due date to ensure any addenda are received in order to submit a responsible and responsive offer.

Uploading an incomplete document may deem the offer non-responsive, causing rejection.

ADDENDA ACKNOWLEDGMENT: Prior to submitting my offer, I have verified that all addenda issued to date are considered as part of my offer: Addenda received (list all) #______________________________________

Legal Name of Bidder:__________________________________________________________________________

DBA: _______________________________________________________________________________________

Authorized Representative Name/Title: ____________________________________________________________

E-mail Address: _______________________________________ FEIN: ______________________________

Street Address: _______________________________________________________________________________

Mailing Address (if different): ___________________________________________________________________

Telephone: (______) _______________________ Fax: (______) _______________________

This page must be completed and returned with your Submittal.

Services - ITB # / 2 of 103

By signing this form, I acknowledge I have read and understand, and my business complies with all General Conditions and requirements set forth herein; and, Bid is in full compliance with the Specifications.

Bid is in full compliance with specifications except as specifically stated and attached hereto.

SIGNATURE OF AUTHORIZED REPRESENTATIVE: ____________________________________________________

SIGNER’S PRINTED NAME: ____________________________________________ DATE: _______________________

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PART 1 – INVITATION TO BID INFORMATION

Thank you for your interest in working with the City of Gainesville.

Pertinent information and required documents regarding this bid as part of a responsive offer are listed below:

Bid Cover Page .................................................................................................................. Page 1 Part 1 – Invitation To Bid Information ........................................................................ Page 3 Part 2 – Scope Of Work/Specifications ....................................................................... Page 6 Part 3 – How To Submit A Bid ...................................................................................... Page 7 Part 4 – Bid Form ............................................................................................................. Page 10 Part 5 – Award .................................................................................................................. Page 13 Part 6 – General Information ......................................................................................... Page 15 Part 7 – Contract Terms And Conditions .................................................................... Page 19 Part 8 – Exhibits ............................................................................................................... Page 83 Part 9 – No Bid Survey .................................................................................................... Page 103

1.1 DISTRIBUTION OF INFORMATION

The City posts and distributes information pertaining to its procurement solicitations on OpenGov (www.OpenGov.com). The City has transitioned from accepting hard (paper) copy submittals to accepting submittals through “E-Bidding” on OpenGov.com. In order to submit a bid response to this solicitation the bidder must be registered with OpenGov.

It is the responsibility of the bidder to monitor OpenGov. Properly registered bidders can expect to receive automatic notification of solicitations for bids and proposals, by participating purchasing entities. Bidder failure to retrieve available, required procurement information from OpenGov and include the appropriate documentation and information in solicitation responses may result in disqualification.

1.2 PRE-BID MEETING/QUESTIONS/CLARIFICATIONS AND BID OPENING

If scheduled (refer to Bid Cover Page), attending a pre-proposal meeting is strongly recommended as the project’s scope of work, procedures, and specifications will be discussed at this time. It is the only time during the bid process that bidders may ask questions directly of the end user.

NOTE: For a bidder’s attendance of a mandatory pre-proposal meeting to count, the bidder must sign-in before the Procurement Specialist calls the end of that meeting. If the bidder is not signed in by that time, they will be disqualified from bidding on the project. If the mandatory pre-proposal meeting also includes a required site visit, then bidder must sign in, both at the pre-proposal meeting, and again at the end of the site visit, in order to have their attendance count and not be disqualified from submitting a proposal.

If special accommodations are needed in order to attend a pre-bid meeting or a bid opening, please contact the Procurement Division at least 72 hours in advance.

All questions that occur outside of the pre-proposal meeting must be submitted to Procurement only, and must be received by the date indicated on the Bid Cover Page to be considered. Technical and/or specification questions will not be answered over the phone; they must be submitted by email directed to the Procurement Specialist conducting the solicitation (refer to Bid Cover Page). All questions will be answered via Addendum which will be posted on OpenGov.com for vendor access. All addenda must be acknowledged by the bidder on the Bid Cover Page.

***IMPORTANT NOTICE REGARDING BID OPENING***

The scheduled bid opening will occur via Zoom on Wednesday September 16, 2026 at 3:15PM; the information to join is provided below. Attendance (live viewing) of the bid opening is not required. However, to join the bid opening you must register.

Meeting chat link: https://us06web.zoom.us/launch/jc/87163920606

Meeting ID: 583 807 7684 Passcode: 854716

All meetings and submittal deadlines are Eastern Time (ET).

http://www.demandstar.com/ https://us06web.zoom.us/launch/jc/87163920606

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1.3 PROHIBITION OF LOBBYING

To ensure fair consideration, consistent and accurate dissemination of information for all bidders, the City prohibits communication to or with any department, employee, or agent evaluating or considering proposals during the submission process, except as authorized by the Procurement Division representative. Additionally, the City prohibits communication initiated by a bidder to any city official or employee evaluating or considering the proposals (up to and including the City Commissioners) before the time an award decision has been made. Any communication between bidder and the City required to obtain information or clarification for preparing a bid or to enable a proper, accurate evaluation of a proposal will be handled solely through the Procurement Division staff. Any communications initiated between the bidder and the City outside these parameters may be grounds for disqualifying the offending bidder from consideration for award of the bid and/or any future bid.

1.4 CONE OF SILENCE

During the Cone of Silence (formerly called Blackout period) as defined in the next paragraph, except as pursuant to an authorized appeal, no person may lobby (as defined in section 1.3) on behalf of a competing party in a particular procurement process, City officials or employees except the Procurement designated staff contact in the Procurement Division. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.

The Cone of Silence is the period between the issue date of the ITB, which allows for immediate submittals to the City of Gainesville Procurement Division for an Invitation for Bid and the time the City Officials and Employee awards the contract.

1.5 MINIMUM QUALIFICATIONS

The response to the minimum qualification requirements should address each of the qualifications set out in the section this section. Bidders must provide documentation which demonstrates their ability to satisfy all of the minimum qualification requirements. Bidders who do not meet the minimum qualification requirements or who fail to provide supporting documentation will not be further considered. If a prescribed format, or required documentation for the response to minimum qualification requirements is stated below, bidders must use said format and supply said documentation.

Bids will only be considered from firms normally engaged in providing and performing services specified herein. Bidders shall be required to show that they have had experience in construction work of the same or similar nature and that their organization has been in formal existence and engaged in a similar type work for not less than five (5) years. If bidder organization does not meet the five (5) requirement you are required to show the project team (project manager and superintendent or owner) for this project has experience in not less than five (5) years for each individual. (Complete and submit with your bid the attached Project Manager and Superintendent or Owner’s Experience form).

All bidders shall be certified by the Florida Department of Transportation as qualified in accordance with Section 337.14(1), Florida Statutes and Rule 14-22, Florida Administration Code in the major work class “SIDEWALKS”.

Bidders shall submit the LAP Certification of Current Capacity form provided in Part 8. Bidders that do not have current capacity to perform the work detailed in the solicitation will not be further considered.

1.6 DETERMINATION OF RESPONSIBILITY OF BIDDERS

The specific qualifications of bidders for this specific Invitation to Bid are included above. Bidder must also demonstrate that it is responsible as defined in the City of Gainesville’s Pro-01 Procurement Administrative Guidelines, Section V.C.2.ii., as may be amended.

As a part of the bid evaluation process, City reserves the right to conduct a background investigation of bidder, including a record check by the Gainesville Police Department if the qualifications require it. Bidder’s submission of a response constitutes acknowledgment of the process and consent to such investigation.

No contract will be awarded to any bidder who is in arrears to City upon any debt, fee, tax or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is otherwise determined to be not responsible by City pursuant to Section V.C.2.ii., Pro-01 Procurement Administrative Guidelines, following:

These criteria consider the bidder’s capability to perform:

https://www.gainesvillefl.gov/files/assets/public/v/1/budget-amp-finance/documents/pro-01-procurement-administrative-guidelines-2024-05-15.pdf https://www.gainesvillefl.gov/files/assets/public/v/1/budget-amp-finance/documents/pro-01-procurement-administrative-guidelines-2024-05-15.pdf https://www.gainesvillefl.gov/files/assets/public/v/1/budget-amp-finance/documents/pro-01-procurement-administrative-guidelines-2024-05-15.pdf

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a) The ability of the bidder to successfully carry out a proposed contract.

b) Past performance (including reference check), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability.

c) Current litigation pending between the bidder and the City.

d) Bidder has paid all debts owed to the City.

e) Bidder possesses all required licenses.

If it is determined that the bidder is not responsible, City will notify bidder of its finding, including evidence used, and allow bidder the opportunity to come into compliance within three (3) business days of notification.

Successful Bidder must either update or complete City’s supplier application, pay business tax (if applicable), and register with the State of Florida (www.sunbiz.com) (if required by law).

1.7 RESPONSIVENESS OF BID

Each bid response will be reviewed to determine if the bid response is responsive to the submission requirements outlined in the ITB. A responsive bid is one which follows the requirements of the ITB, includes all required documentation, is submitted in the format outlined in the ITB, is of timely submission (via upload to OpenGov.com), and has the appropriate signatures as required on each document. Failure to comply with these requirements may deem the proposal non-responsive (see Section V.C.2.i. of the Pro-01 Procurement Administrative Guidelines).

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]

http://www.sunbiz.com/ https://www.gainesvillefl.gov/files/assets/public/v/1/budget-amp-finance/documents/pro-01-procurement-administrative-guidelines-2024-05-15.pdf

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PART 2 – SCOPE OF WORK/SPECIFICATIONS

2.1 GENERAL DESCRIPTION

It is the intent of the City of Gainesville to obtain bid responses for the construction of sidewalks, curb ramps and bus stops for compliance with Americans with Disabilities Act (ADA) at various locations shown on the construction plans, including related incidental work.

2.2 SCOPE OF WORK/SPECIFICATIONS

The detailed scope of work is outlined in the documents provided in OpenGov under this solicitation including but not limited to the construction plans & drawings, utility work schedules, permits and bid addendums. The scope of work is further outlined in the Agreement provided in Part 7, which details the terms & conditions and specifications for the work. The awarded bidder shall execute an Agreement that meets the term, conditions and specifications provided in the Agreement. All work shall be done in accordance with this solicitation and in accordance with the aforementioned Agreement.

2.3 ELIGIBILITY OF EQUIPMENT OR MATERIALS

When a particular manufacturer's name and catalog number “or equivalent” is specified, consideration will be given to other manufacturers. The term “or equivalent” shall be defined to mean of similar design and performance characteristics. If a product is being bid as an equivalent, complete technical data necessary to properly evaluate such product shall be submitted with the bid.

The City reserves the right to request additional data after the bid is opened and prior to the award. Failure to supply data necessary to properly evaluate a product will constitute sufficient reason for rejection of the bid.

All information specifically requested by this Solicitation shall be furnished attached to the bid. Failure to do so may invalidate the bid.

2.4 EXAMINATION OF SITE

Before submitting the bid proposal, it shall be the bidder's responsibility to visit the site of the proposed scope of work and familiarize the bidder with the nature and extent of the work and any local conditions, either surface or subsurface, that may in any way affect the work to be done and the equipment, materials and labor required. The bidder shall also thoroughly examine all documents related to this solicitation to inform the bidder regarding any and all conditions and requirements that may in any manner affect the work to be performed under the award of this solicitation. Failure to do so will not relieve the awarded bidder of complete performance the scope of work.

2.5 QUALITY

All materials shall be new. In no case will used, reconditioned or obsolete parts be acceptable. All equipment specifications are to be considered minimum requirements.

2.6 PERMITS, APPLICATION, LICENSE FEES & COMPLIANCE

The awarded vendor shall obtain and pay for all necessary permits, permit application fees license or any fees required to complete the scope of work in accordance with this solicitation. Each bidder shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated in this solicitation. The bidder is presumed to be familiar with all state and local laws, ordinances, code rules and regulations that may in any way affect the work. Ignorance on the part of the bidder will in no way relieve it of responsibility

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PART 3 – HOW TO SUBMIT A BID

3.1 HOW TO SUBMIT A BID

The bid response, containing all required documents, with authorized signatures, must be received by 3:00 p.m. on the due date indicated on the Bid Cover Page for this project. The bidder’s complete pdf response being uploaded into

OpenGov.com prior to the 3:00 p.m. deadline. This platform will not accept late submittals. Required signatures for bid forms may be applied using electronic signature software (i.e., DocuSign, Adobe Sign, etc.).

Upload the bid response as a pdf formatted document only, unless the solicitation states otherwise. The pdf document should be titled with bidder’s name, bid number, and, if the response is submitted in parts, include “Part # of x”.

Modifications to or withdrawal of a bidder’s submittal can be made up to the deadline date. Modifications and withdrawals must be documented in OpenGov.com in order to be recognized by the City. Any bid not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the City adequate time to award the Contract for the services specified in this solicitation.

3.2 HOW TO ASSEMBLE YOUR BID

The following documents and forms must accompany any offer submitted, and will be the basis for review and award. A submittal without these documents may be deemed non-responsive. The City reserves the right to request all other missing forms and additional information from any bidder prior to award. Please do not include items that are not specifically requested.

• Completed Bid Cover Page

• Bid Form - (Leave no blanks; indicate N/A or No Bid where applicable)

• Drug-Free Workplace Form

• Bidder Verification Form

• E-verify Form

• Customer History Form

• Bidder’s W-9

• Proof of Bidder’s Insurability (refer to Part 7, Paragraph 8)

• Copy of any applicable, current licenses and/or certification required by City/County/State

• Documentation of Compliance with Minimum Qualifications

• Exceptions to the ITB (refer to Part 6, 6.2 Deviations)

• Proposed Subcontractor’s Form

• Responsible Agent Form

• Project Manager and Superintendent or Owner’s Experience form (if required as specified in Section 1.5)

• LAP Certification of Current Capacity – FDOT form 525-010-46

• DBE Bid Package Information – FDOT form 275-030-11

• Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts – FDOT form 375-030-33

• Disclosure of Lobbying Activities – FDOT form 375-030-34

• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – FDOT form 375-030-32

• Non-Collusion Declaration and Compliance with 49 CFR 29 – FDOT form 575-060-13

• Bid Opportunity List – FDOT form 375-040-62

• Proof that FDOT’s Equal Opportunity Compliance website has been updated by bidder

The bid response must be signed by an officer of the business who is legally authorized to enter into a contractual relationship in the name of the bidder. An authorized representative who is not an officer may sign the response, but must attach a corporate resolution granting authorization to the representative to execute on behalf of the business.

The submittal of a response by a bidder will be considered by the City as constituting an offer by the bidder to perform the required services at the stated fees.

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3.3 DISCLOSURE AND CONFIDENTIALITY

Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public record’s request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:

(i) Identifying Trade Secret or Otherwise Confidential and Exempt Information. For any records or portions thereof that bidder claims to be Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, bidder shall:

a. Specifically identify the records or specific portions thereof that are confidential and exempt and reference the particular Florida Statute that grants such status. Provide one redacted copy of the record and one copy of the record with the confidential and exempt information highlighted as outlined in 1 and 2 on the following page.

Bidder shall take care to redact only the confidential and exempt information within a record.

b. Provide an affidavit or similar type of evidence that describes and supports the basis for Contractor’s claim that the information is confidential and exempt from public disclosure.

(ii) Request for Trade Secret or Otherwise Confidential and Exempt Information.

a. In the event City receives a public records request for a record with information labeled by bidder as Trade Secret or otherwise as confidential and exempt, City will provide the public record requester with the redacted copy of the record and will notify bidder of the public records request.

b. However and notwithstanding the above, in the event that City in its sole discretion finds no basis for bidder’s claim that certain information is Trade Secret or otherwise confidential and exempt under Florida’s Public Records Law, then City shall notify bidder in writing of such conclusion and provide bidder a reasonable amount of time to file for declaratory action requesting a court of law to deem the requested information as Trade Secret or otherwise as confidential and exempt under Florida’s Public Records Law. If bidder fails to file for declaratory action within the reasonable amount of time provided, then City will disclose the information requested.

c. If a public records lawsuit is filed against CITY requesting public disclosure of the information labeled by bidder as Trade Secret or otherwise as confidential and exempt, CITY shall notify bidder and bidder shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s Public Records Law.

d. Bidder hereby indemnifies and holds CITY, its officers and employees harmless from any and all liabilities, damages, losses, and costs of any kind and nature, including but not limited to attorney’s fees, that arise from or are in any way connected with bidder’s claim that any information it provided to CITY is Trade Secret or otherwise confidential and exempt from public disclosure under Florida’s Public Records Law.

How to Designate Trade Secret or Otherwise Confidential and Exempt Information If a bidder believes that its response contains trade secret or otherwise confidential and exempt information (as defined by Florida or Federal law) and should be withheld from disclosure to the public, in such cases the bidder must provide a redacted copy of the proposal for public access.

• Redacted means that the confidential/proprietary information in the proposal has been obscured so that it cannot be read.

• Unredacted means that the entire document, including the confidential/proprietary information, has not be obscured and is visible for the evaluation team to use in their evaluation process.

1. Upload a pdf version response of the complete UNREDACTED proposal. Include “UNREDACTED, CONFIDENTIAL” in document title. This is the version that will be used by the evaluators when they are reviewing your proposal. It is essential that the items that will be redacted are highlighted in yellow to prevent the evaluation team from discussing these items after the award. The first page of the document for the unredacted document should provide a general description of the information bidder has designated as confidential and/or exempt, and provide a reference to the appropriate Florida or Federal statute supporting the confidential and/or exempt classification.

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2. Upload a pdf version response of the REDACTED copy of the proposal. Include “REDACTED” in the document title.

This copy will be used to support any public records requests that may arise from this solicitation.

How the City will Handle Material Identified as Trade Secret or Otherwise Confidential and Exempt Information The City’s evaluators will be provided with the complete proposal, including any trade secret or otherwise confidential and exempt information. The City evaluators will maintain the confidentiality of the information through the evaluation process, including any recorded evaluation team meetings.

In the event a public record request is made to view the information which bidder claims is confidential and/or exempt, the City will notify the bidder and give the bidder a reasonable opportunity (generally 2 business days) to institute appropriate legal action to prevent the disclosure of the information claimed as confidential and/or exempt.

All public records submitted to the City, including those claimed as confidential and/or exempt, will be retained by the City and will not be returned to a bidder at the conclusion of the bidding process.

3.4 ONLY ONE BID

Only one bid from any individual, firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the City that any Bidder has a financial interest in more than one submission under this bid, all bids in which such Bidder has a financial interest will be rejected. The City considers a financial interest to include, but not be limited, to joint ventures, partnerships, and identified subcontractors.

3.5 FULLY INFORMED BIDDER

A Bidder is expected to fully inform itself as to the requirements of the Specifications and Contract terms and conditions; failure to do so will be at its own risk. A Bidder shall not expect to secure relief on the plea of error.

3.6 SUBCONTRACTORS

The bidder shall self-perform a minimum of 40% of the total dollar bid amount as the prime contractor. Bidder shall notify the City of the proposed use of subcontractors in the provision of services required herein by completing and returning the Proposed Subcontractors Form, provided in Part 8. No subcontractor shall be employed by the Contractor for the provision of these services without the written approval of the City. Bidders shall provide the estimated percentage of total dollar amount(s) as well as the total dollar amount(s) of the subcontracts.

This page must be completed and uploaded with your Submittal.

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PART 4 – BID FORM

Bid # PWDA-260058-SM Misc. Sidewalks, Curb Ramps, and Bus Stops Phase II (LAP 447233-2-58-01)

Date: ____________________________

The bidder hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done, and that he has examined the plans, specifications, agreement and all documents related to the above referenced solicitation for the work and comments hereto attached. The Bidder further declares that the only persons, company or parties interested in this Bid or the Agreement to be entered into, as principals, are named herein; that this Bid is made without connection with any other person, company or parties making a Bid; and it is in all respects fair and in good faith and without collusion or fraud.

The Bidder proposes and agrees, if this Bid is accepted, to contract with City of Gainesville, Florida, through the City

Commission, , in the form of Agreement specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, labor and service necessary to complete the work covered by the Bid Solicitation for: Misc. Sidewalks, Curb Ramps, and Bus Stops Phase II (LAP 447233-1-58-01) PWDA-260058-SM to furnish the prescribed Performance and

Payment Bond for not less than one hundred percent (100%) of the bid price; and to furnish the required evidence of the specified insurance.

The undersigned agrees to commence work as set forth in the Notice to Proceed and to reach substantial completion within sixty (60) working days from the date on which work commences with final completion within forty five (45) calendar days thereafter.. If the Contractor fails to complete the work within the specified time, the Contractor agrees to pay the City liquated damaged in the amounts specified in the Agreement.

Attached is a list of similar projects and a list of Subcontractors as covered in the Instructions to Bidders.

The Bidder agrees to accept in full compensation for each item the prices named in the schedule incorporated herein and attached as “Bid Schedule”. The Bidder understands that the quantities shown on the “Bid Schedule” are approximate only and subject to increase or decrease. Should they be increased or decreased, work will be performed at the unit price bid herein. Actual quantities will be determined upon completion of the work.

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Bid # PWDA-260058-SM Misc. Sidewalks, Curb Ramps, and Bus Stops Phase II (LAP 447233-2-58-01)

4.1 BID FORM/PAY ITEM LIST

ITEM

NO.

FDOT PAY

ITEM NO.

DESCRIPTION

ESTIMATED

QUANTITY

UNIT UNIT PRICE

AMOUNT BID

(EXT TOTAL)

1 0101 1 MOBILIZATION 1 LS

2 0102 1 MAINTENANCE OF TRAFFIC 1 LS

3 104

PREVENTION, CONTROL, AND

ABATEMENT OF EROSION AND WATER

POLLUTION

1 LS

4 0110 4 10 REMOVAL OF EXISTING CONCRETE 780 SY

5 0120 71 REGULAR EXCAVATION 1 LS

6 0425 5 MANHOLE, ADJUST 1 EA

7 0520 1 10 CONCRETE CURB & GUTTER, TYPE F 950 LF

8 0522 1

CONCRETE SIDEWALK AND DRIVEWAYS,

4" THICK

200 SY

9 0522 2

CONCRETE SIDEWALK AND DRIVEWAYS,

6" THICK

520 SY

10 0527 2 DETECTABLE WARNINGS 820 SF

11 0570 1 2 PERFORMANCE TURF, SOD 320 SY

12 0700 1111

SINGLE POST SIGN, F&I GROUND MOUNT,

UP TO 12 SF

1 EA

13 0700 1500 SINGLE POST SIGN, RELOCATE 5 EA

14 0711 11123

THERMOPLASTIC, STANDARD, WHITE,

SOLID, 12" FOR CROSSWALK AND

ROUNDABOUT

200 LF

15 0711 17 1

THERMOPLASTIC, REMOVE EXISTING

THERMOPLASTIC PAVEMENT MARKINGS-

SURFACE TO REMAIN

160 SF

TOTAL AMOUNT BID:

List of Unit Abbreviations:

SY Square Yards GL Gallons SD Side Drain LS Lump Sum MG Thousand Gallons ED Each Day CY Cubic Yards GM Gross Miles CD Cross Drain EA Each LF Linear Feet AC Acre TN Tons NM Net Miles RCP Reinforced Concrete Pipe HR Hour AS Assembly PI Per Intersection

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Note: THE CITY RESERVES THE RIGHT TO ADD OR DELETE LOCATIONS, SERVICES, ITEMS, OR

MATERIALS FROM THIS CONTRACT SHOULD IT BE IN THE BEST INTEREST OF THE CITY. THE

CONTRACT PRICE MAY BE ADJUSTED UPON AGREEMENT OF THE CONTRACTOR AND THE CITY’S

REPRESENTATIVE AND BASED UPON BID PRICES.

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PART 5 – AWARD

5.1 AWARD OF CONTRACT

The awards of a contract and/or purchase shall be to the lowest responsive, responsible bidder.

A responsive bidder is one that provides all requested information, certifications, product information and pricing. A responsible bidder is one that has demonstrated through the past performance and the requested documentation that they have the resources and financial capability to provide the products/services identified by the City via this Invitation to Bid.

The City may reject a bid based upon past performance of a bidder. In determining the lowest responsive, responsible bidder the City will consider, but not be limited to, the items listed below:

• Price,

• The ability of the bidder to successfully carry out a proposed contract,

• Past performance (including reference checks), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability,

• Current litigation pending between bidder and City,

• All debts owed to City have been paid,

• Bidder has all required licenses,

• Bidder is authorized to do business in Florida (registered in SunBiz),

• The number and scope of conditions and/or exceptions attached to the bid,

• Proposed subcontractors

• Project Manager and Superintendent or Owner’s Experience (if required as specified in Section 1.5)

• Bidders Current LAP Capacity

The City reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any Bidder to perform the work. If, after the investigation, the evidence of competency and financial ability is not satisfactory, the City reserves the right to reject the bid.

In the event the successful Bidder fails to execute the Contract, the City may then accept the bid of the next lowest responsive, responsible bidder or re-advertise the bid. If the bid of the next best Bidder is accepted, this acceptance shall bind such Bidder as though he were the original successful Bidder. City reserves the right to pursue such remedies as provided by law for Bidder’s failure to execute the Contract.

The City of Gainesville reserves the right to accept or reject any or all bids, reserves the right to waive any or all irregularities, and to award the contract to the lowest, responsive and responsible Bidder whose bid is determined by the City to be in its best interest.

Successful Bidder must either update or complete City’s supplier application, pay business tax (if applicable), and register with the State of Florida (www.subiz.org) (if required by law).

5.2 TIE BIDS

Whenever two or more bids which are equal with respect to price, quality and service are received, preference shall be given in the following order: (1) Bidders submitting the attached Drug-Free Workplace form with their bid/proposal certifying they have a drug free workplace in accordance with Section 287.087, Florida Statutes; and (2) coin toss.

5.3 DRUG-FREE WORKPLACE

Preference shall be given to submitters providing a certification with their qualifications certifying they have a drug-free workplace whenever two or more bids which are equal with respect to price, quality, and service are received in accordance with Section 287.087, Florida Statutes. The attached form should be filled out and returned with the qualifications in order to qualify for this preference.

5.4 CONTRACT

The Contract to be entered into with the successful bidder will designate the successful bidder as the City’s Contractor. The successful bidder will be required to execute an agreement with the City in substantially the same format as found in Part 7.

http://www.subiz.org/

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5.5 BID PROTEST

Participants in this solicitation may protest Invitation to Bid specifications or award in accordance with Section V.C.5. and V.C.6.

of the Pro-01 Procurement Administrative Guidelines.

5.6 ITB POSTPONEMENT/CANCELLATION/WAIVER OF IRREGULARITIES

The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this ITB;

postpone or cancel, at any time, this ITB process; or waive any irregularities in this ITB or in the bid responses received as a result of this ITB. See Section V.B.9.viii. Pro-01 Procurement Administrative Guidelines.

https://www.gainesvillefl.gov/files/assets/public/v/1/budget-amp-finance/documents/pro-01-procurement-administrative-guidelines-2024-05-15.pdf https://www.gainesvillefl.gov/files/assets/public/v/1/budget-amp-finance/documents/pro-01-procurement-administrative-guidelines-2024-05-15.pdf

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PART 6 – GENERAL INFORMATION

6.1 PURCHASES BY OTHER AGENCIES (“PIGGYBACKING”)

All bidders submitting a response to this solicitation agree that such response also constitutes a bid to all state agencies, municipalities and political subdivisions of the state of Florida under the same terms and conditions, for the same prices and the same effective period as this bid, should the bidder deem it in the best interest of its business to do so. This provision in no way restricts or interferes with any state agency, municipality or political subdivision to rebid any or all items.

6.2 DEVIATIONS

Any deviation from the specifications must be explained in detail on sheets attached to the Bid Form and labeled “Clarifications and Exceptions”, and each deviation must be itemized by number and must specifically refer to the applicable specification paragraph and page. Otherwise, it will be considered that items offered are in strict compliance with these Specifications and the successful bidder will be held responsible for meeting the Specifications. If bidder wishes its Standard Terms and Conditions to be considered as part of its bid, such terms and conditions must be made part of the “Clarifications and Exceptions”. The City reserves the following rights: to waive clarifications and exceptions in awarding the bid in the best interest of the City; to accept or reject any or all bids; to waive any or all irregularities; and to award the contract to the most responsive responsible bidder whose bid is determined by the City to be in its best interest.

NOTE: Bidders are strongly encouraged to submit any deviations or exceptions to the City before the question submittal deadline or proposals are due, so that based upon the City’s response in the addendum, the bidder can determine if it is in their best interest to submit a response or not.

6.3 ACCEPTANCE OF TERMS

Acceptance of the Contract, Specifications, terms and conditions is a mandatory aspect of being considered responsive. Bidders wanting to challenge any of the Contract, Specifications, terms and conditions or question alternatives to any Specifications listed herein must do so in writing prior to the deadline for submitting questions. If the City does not authorize a change prior to bid closing via addendum, the Contract, Specifications and terms and conditions stand; any counter-proposal on Contract, Specifications, or terms and conditions, will be rejected, as will the bid.

6.4 BIDDER’S DECLARATION AND UNDERSTANDING

The bidder, declares that the only person or parties interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the City, and that the Bid is made without any connection or collusion with any person submitting another Bid on this contract.

The bidder further declares that no City Commissioner, other City officer, or City employee directly or indirectly owns more than five (5) percent of the total assets or capital stock of the bidding entity, nor will directly or indirectly benefit by more than five (5) percent from the profits or emoluments of this contract. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.)

The bidder further declares that it has carefully examined the Specifications and that this Bid is made according to the provisions and under the terms of the Specifications, which Specifications are hereby made a part of this Bid. Bidder further declares that any deviation from the specifications are explained on separate sheets labeled Clarifications and Exceptions attached to this Bid Form and that each deviation is itemized by number and specifically refers to the applicable specification paragraph and page.

6.5 DISADVANTAGE BUSINESS ENTERPRISE PROGRAM

Take possession of the Florida Department of Transportation’s Form 275-030-11, Page 1 of 2 only, provided in Part 8 of this solicitation. Comply with the condition provided and the bidder shall incorporate all requirements in the bidder’s price proposal.

6.6 NON-WARRANTY OF INVITATION TO BID

Due care and diligence have been used in preparing this solicitation, The City does not guarantee that the conditions described within this solicitation are the conditions that will be found in the field when actual construction is commenced. The City shall not be responsible for any error or omission in these specifications, nor for the failure on the part of the bidders to determine the full extent of the request. It is the sole responsibility of the bidders to ensure that they have all information necessary for the submittal of bids.

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6.7 FEDERAL-AID REQUIREMENTS & CERTIFICATIONS

Take possession of and comply with all Florida Department of Transportation forms listed Part 3.2 and provided in Part 8. All requirements shall be included in the bidder’s bid proposal. Bidders shall execute all required certifications. Failure to submit any of the required forms may deem the bidder non-responsive.

6.8 DEBARMENT, SUSPENSION, OTHERWISE EXCLUDED

By submitting this bid response, bidder agrees that it:

• Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

• Has not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements or receiving stolen property;

• Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission or any of the offenses enumerated in paragraph (2) of this certification; and

• Has not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

6.9 PUBLIC ENTITY CRIME INFORMATION STATEMENT

Section 287.133 (2)(a) , Florida Statutes, contains the following provisions: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

6.10 INVESTIGATION OF ALLEGED WRONGDOINGS, LITIGATION/

SETTLEMENTS/FINES/PENALTIES

The City Commission specifically requests that responders to this document indicate in writing any investigations of wrongdoings, litigation and/or settlements, and fines or penalties (anywhere in the U.S) involving the bidder and specific contractors listed as projected to provide services to the City. You may be required to respond to questions on this subject matter.

6.11 TAXES, CHARGES AND FEES

The Bidder agrees that any applicable Federal, State and Local sales and use taxes, which are to be paid by City of Gainesville, are included in the stated bid prices. Since the City of Gainesville is often exempt from taxes for equipment, materials and services, it is the responsibility of the Contractor to determine whether sales taxes are applicable. The Contractor is liable for any applicable taxes which are not included in the stated bid prices.

6.12 COSTS INCURRED BY BIDDERS

All expenses involved with the preparation and submission of bid responses to the City, or any work performed in connection therewith shall be borne by the bidder(s). No payment will be made for any responses received, nor for any other effort required of or made by the bidder(s) prior to commencement of work as defined by a contract approved by the City Commission (if so required).

6.13 RULES; REGULATIONS; LICENSING REQUIREMENT

The bidder shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Bidders are presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the services offered.

6.14 NON-DISCRIMINATION POLICY AND COMMERCIAL NON-DISCRIMINATION REQUIREMENT

As a condition of entering into this agreement, the company represents and warrants that it will comply with Title VI and Title VII of the Civil Rights Act of 1964 and all other federal, state or local laws prohibiting discrimination. The company shall not discriminate on the basis of race, color, religion, gender, national origin, marital status, sexual orientation, age, disability or gender

E-Bidding Document - ITB - Services - Page 17 of 103 identity, or other unlawful forms of discrimination in the solicitation, selection, hiring, commercial treatment of subcontractors, vendors, suppliers or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination.

The City reserves the right to investigate any claims of illegal discrimination by the Contractor and in the event a finding of discrimination is made and upon written notification thereof, the Contractor shall take all necessary steps to cure and rectify such action to the reasonable satisfaction of the City. The company understands and agrees that a violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification of the company from participating in City contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

For more information on this policy and requirement, please visit the Office of Equal Opportunity.

6.15 E-VERIFY REQUIREMENT

Section 448.095, Florida Statute states the statute shall be construed in a manner so as to be fully consistent with any applicable federal laws or regulations. The Contractor shall (1) utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract; and (2) shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.

Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Alternatively, Contractor shall provide proof that one of the exceptions to the E-Verify federal contractor rule applies.

6.16 INTERPRETATION OF ESTIMATED QUANTITIES

The estimated quantities of work to be done and materials to be furnished under this solicitation, given in the bid form, shall be considered as approximate only and shall be used solely for the comparison of Bids received. The City does not guarantee that the quantities represented will be the actual quantities required for completion of the work, nor shall the bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location or other conditions pertaining to the work. Payment to the awarded bidder shall be made only for the actual quantities of work performed or materials furnished in accordance with the plans and the final Agreement, and it is understood that the quantities may be increased or decreased as provided in the Agreement without invalidating any of the unit or lump sum prices bid.

6.17 SUBCONTRACTS

With the bid proposal, the successful bidder will have submitted to the City, for acceptance, a list of the names of proposed Subcontractors (see Proposed Subcontractors Form – Part 8 – Exhibits).