Jarboe Park Volleyball Court.pdf

CITY OF NEPTUNE BEACH, FLORIDA

INVITATION FOR BIDS

Solicitation No. 2026-04

Jarboe Park Volleyball Court

1. Invitation and Procurement Overview The City of Neptune Beach, Florida (the “City”) invites sealed bids from qualified bidders for the project identified in this Invitation for Bids (“IFB”). The City will conduct this procurement in accordance with applicable federal law, Florida law, the City Charter, the City Code of Ordinances, the City’s purchasing procedures, and the requirements of the funding source identified below.

Funding status: [ ] Federally funded [ ] State-funded [X] Locally funded [ ] Mixed funding [ ] Funding source not yet determined. Funding source/grant number:

Issuing office: Project Manager, Blake West, City of Neptune Beach, 116 First Street, Neptune Beach, FL 32266, bwest@nbfl.us.

Bids must be mailed in sealed packages, in triplicate, Mailed or delivered to Neptune Beach City Hall, 116 First St.

Neptune Beach, FL 32266. Late bids will not be accepted.

The City may reject all bids, cancel the solicitation, waive minor irregularities, clarify bids, request additional responsibility information, or take any action permitted by law and in the City’s best interest.

2. Solicitation Schedule Event Date / Time / Location Issue date [9/25/26] Deadline for questions [2 weeks] 10/14/26 @ 5 p.m.

Non-mandatory pre-bid site visit [1.5 week] 10/7/26 1 p.m. on site Addenda deadline, if any None Bid due date and opening [4 weeks] 10/28/26 @ 1 p.m.

Notice of intended decision 11/5/26 Anticipated City Council award date, if required [11/2/26] Anticipated contract start date / Notice to Proceed [11/2/26]

Dates are estimates and may be changed by written addendum or other official City posting.

3. Communication; Cone of Silence; Questions All communications concerning this IFB must be directed to the City Clerk in writing to the email address:

cponson@nbfl.us. Bidders may not contact City Councilors, the Mayor, the City Manager, evaluation committee members, City staff, consultants, or agents regarding this solicitation except through the official process stated in this IFB. The City may reject any bid submitted by a bidder that violates this restriction.

Questions must be submitted before the deadline stated in the schedule. Oral answers are not binding. Only written addenda or official written responses issued by the City may modify or interpret this IFB.

4. Protest Procedures Protest procedures will be conducted in accordance with the City of Neptune Beach Procurement Policy.

5. Debarment By submitting a bid, the Bidder certifies that it is not currently debarred from submitting bids for contracts issued by mailto:cponson@nbfl.us any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is currently debarred from submitting bids for contracts issued by any subdivision or agency of the State of Florida.

6. Addenda and Interpretation Bidders are responsible for checking the City’s procurement posting and online bidding system for addenda.

Submission of a bid constitutes acknowledgment that the bidder has reviewed all addenda issued before the bid deadline.

The City is not responsible for a bidder’s failure to obtain addenda.

7. Standard Contract Addendum; Order of Precedence The selected bidder must execute, or agree to incorporation of, the City’s Standard Contract Addendum. The solicitation, addenda, selected bid, final agreement, purchase order, plans, specifications, funding-source requirements, and Standard Contract Addendum together form the contract documents to the extent incorporated by the City. If a conflict exists, the following order applies unless the City Attorney approves a different order for the project:

(a) mandatory federal or state funding requirements and grant conditions, but only to the extent applicable;

(b) the City’s Standard Contract Addendum;

(c) the final agreement or purchase order signed by the City;

(d) addenda issued by the City;

(e) the solicitation, including plans, technical specifications, scope, and bid form;

(f) the selected bid, excluding exceptions or deviations not accepted in writing by the City.

8. Minimum Qualifications and Responsibility A bidder must demonstrate that it is responsible, qualified, licensed, insured, financially capable, able to perform the required work, and eligible for award under applicable law and funding requirements. The City may request information regarding experience, personnel, references, financial capacity, litigation, safety record, subcontractors, licensing, grant compliance history, and ability to meet schedule requirements.

Minimum qualifications: State Licensed Contractor

• Resume of past projects 3 years minimum experience on similar projects.

• Insurance and licensing information.

i. Workers’ Compensation (unless exempt) with Employers’ Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease.

ii. Commercial General Liability (CGL) insurance with a limit of not less than $300,000.00 each occurrence.

If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project/work in the amount of $600,000.00. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury.

Damage to rented premises shall be included at $100,000.00.

iii. Commercial Automobile Liability Insurance with a limit of not less than$300,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non-owned autos) and such policy shall be endorsed to provide contractual liability coverage

• W9, FEIN and Sunbiz number

• State Contractors License

• Duval County Tax Receipt or other County

Responsibility documentation to be submitted with the bid or upon request:

a. All items must have a unit price, quantity and total price for each item on bid.

b. Bid Tabulation must be filled out in its entirety with at minimum items listed.

c. The Contractor shall be responsible for any damage to the building or surroundings incurred by the contractor.

d. The Contractor shall not interfere with emergency access, deployment or daily operations of the Police

Department or Public Works. Materials, vehicles and workers shall be coordinated and placed such that these essential functions are not adversely impacted.

8. Required Bid Format Bids must be submitted on the City’s bid form and must include all required prices, schedules, unit prices, alternates, acknowledgments, bid security, licenses, certifications, and completed forms. Bids that are conditional, materially incomplete, nonresponsive, materially unbalanced, or materially inconsistent with the specifications may be rejected.

Bid validity period: [33] days after bid opening.

9. Specifications, Plans, and Work Requirements The work is described in the specifications, drawings, project manual, scope, bid form, attachments, and addenda.

Bidders must furnish all labor, materials, equipment, supervision, transportation, permits, testing, incidentals, and services necessary to complete the work unless expressly stated otherwise.

Project location: Jarboe Park (West side, adjacent to multi-purpose field, south of the two existing volleyball courts.

See map) Address: 510 Florida Blvd, Neptune Beach, FL 32266

Summary of Work:

The City of Neptune Beach is inviting bids for the construction of a singular Volleyball Court in Jarboe Park. The court will be positioned in the West side of the Park next to the multi-purpose field and existing volleyball courts. The court construction will include excavation, grading, underlayment gravel with drainage pipes, sand, a concrete or rubber perimeter, adjustable net, posts and court lines. The court is to be constructed as per the standards outlined by Volleyball USA (and requested by the local teams).

Specifications are given in Attachment A: Scope of Work.

Contractor will remove and dispose of existing dirt, lay gravel bed with drainage and fabric. There are no foreseen obstructions and some portion of the sand can be utilized to raise the grade around the volleyball court for improved court drainage. Sand must be 18” depth minimum and of playable quality. Below the sand will be a 6” layer of gravel with perforated drainage pipe and geotextile fabric to separate the layer of gravel from the sand. The concrete edge or alternative will be sufficient to hold the sand in place and facilitate maintenance around the court while also being safe for bare feet. Net posts will be set in concrete and manufactured for adjustable net height and net will meet standard specifications for competition.

City Representative: Blake West, Project Manager

Where a brand name, make, manufacturer, model, standard, or specification is used, it is intended to establish the required level of quality, function, durability, compatibility, and performance unless the solicitation states that no substitution is permitted. Approved-equal requests must be submitted before the question deadline.

Upon selection, City and Contractor agree to negotiate and enter into a contract to perform the services that are bid herein. The form of contract shall be provided by the City.

10. Bid Form and Prices Bidders must submit prices on the City’s bid form. Prices must include all costs to perform the work, including labor, materials, equipment, tools, overhead, profit, insurance, bonds, permits, delivery, disposal, testing, safety, supervision, taxes for which the bidder is responsible, and compliance with funding-source requirements.

Pricing Item Instruction Lump sum bid $ Unit prices Attach bid schedule.

Alternates Alternatives are additive and optional and will be considered on the basis of lowered maintenance, longevity of materials or aesthetic improvements.

Allowances [None].

Additive/deductive items Materials that are lower long-term maintenance, higher quality, and more corrosion resistant (such as aluminum and 316 Stainless Steel) to prevent maintenance and replacement costs related to coastal (salt spray, wind, rain) environment.

Basis for award lowest evaluated unit-price total based on estimated quantities and evaluation of materials quality and workmanship.

Substantial completion 90 calendar days after notice to proceed.

Final completion 120 calendar days after notice to proceed.

11. Bid Security, Bonds, and Surety Bid security: [x] not required [] required in the amount of [] percent of the bid.

Performance bond and payment bond: [ X ] not required [ ] required

12. Bidder Examination and Site Conditions Submission of a bid constitutes the bidder’s representation that it has examined the solicitation documents, site, access, constraints, permits, utilities, plans, specifications, addenda, measurements and conditions affecting the work; has correlated its observations with the bid documents; and has obtained all information necessary to prepare the bid.

Site visit: [] mandatory [X] non-mandatory [ ] not applicable. Details: Contractor is responsible for examining site in person.

13. Substitutions, Equals, and Deviations Requests for substitutions, approved equals, or deviations must be submitted in writing before the question deadline.

The City’s written approval is required before a bidder may rely on a substitution, equal, or deviation. Unauthorized deviations may make a bid nonresponsive. Bidders should not incorporate by reference their standard terms or form contracts unless expressly requested by the City.

14. Responsiveness, Responsibility, and Award The City intends to award to the lowest responsive and responsible bidder whose bid conforms in all material respects to the IFB, unless the City rejects all bids, cancels the solicitation, or another legally authorized basis applies. The City may consider price, responsiveness, responsibility, licenses, qualifications, references, capacity, safety record, litigation, grant eligibility, schedule, past performance, and compliance with specifications.

Tie bids, mathematical errors, unbalanced bids, materially incomplete bids, nonconforming bids, and bidder responsibility issues will be addressed as permitted by law, the IFB, and City procedures. If the City determines that the apparent low bidder is nonresponsive or nonresponsible, the City may proceed to the next lowest responsive and responsible bidder or take another action permitted by law.

The IFB and notice of intended award do not create a contract. A contract is binding only when the final agreement, purchase order, or other contract document has been approved as to form by the City Attorney and executed or issued by the City as required by City procedures.

15. Contract Time, Changes, and Payment Contract time begins on the date stated in the notice to proceed unless the contract states otherwise. Changes to scope, price, time, quantities, or specifications must be authorized in writing by the City. Payment will be made based on accepted work, approved quantities, retainage, funding-source requirements, and proper invoices.

Retainage: [10%].

Pay application requirements: Vendor Application forms, Down payment invoice, final invoice

Closeout documents: Punchlist, Inspection, Warranty, Final Pay application

Prompt payment. Payment is subject to the Florida Local Government Prompt Payment Act and any additional grant or contract requirements applicable to the project.

16. Safety, Permits, Site Control, and Public Work Requirements The contractor is responsible for safety, means and methods, site security, maintenance of traffic, utility coordination, protection of persons and property, compliance with permits, environmental controls, and restoration unless expressly stated otherwise. The contractor must obtain and maintain all licenses and permits allocated to the contractor by the contract documents.

Permit fee disclosure. For public works projects, the City must disclose the amount of permit fees the City will charge, or that the amount is zero if no City permit fees will be charged. Project-specific permit fee disclosure: [No Permit fees will be charged].

17. Public Records and Confidentiality Bids and related records are subject to Florida public records law. Bidders are responsible for identifying any claimed confidential or exempt material in accordance with law; blanket claims of confidentiality are not sufficient. The City will not promise confidentiality except as authorized by law. The Standard Contract Addendum contains additional public records requirements applicable to the awarded contractor.

18. Insurance, Licenses, and Subcontractors Required insurance: [see Attachment E].

Required licenses/certifications: State licensed Contractor. Proposed subcontractors must be identified as required by the solicitation and are subject to City approval. Subcontracting does not relieve the prime contractor of responsibility for full performance and compliance.

The successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any award or any or all of its rights, title, or interest therein, or delegate the duties hereunder without the prior written consent of the City of Neptune Beach.

19. Funding-Specific Requirements

19.1 Locally Funded Projects

For locally funded projects, the City will follow the City Charter, City Code of Ordinances, purchasing procedures, and applicable Florida law. If a project becomes federally or state funded after issuance, the City may amend the solicitation or contract to add the required funding-source terms before using those funds.

20. Emergency Response and Disaster Recovery Work If this IFB is for emergency response, standby, disaster recovery, debris, hurricane, flood, or natural-emergency-related goods or services, the City may include project-specific provisions addressing activation procedures, no-guaranteed-work language, mobilization time, annual training, staffing and equipment requirements, site safety, traffic control, FEMA/FDEM documentation, eligibility determinations, tickets, monitoring coordination, site restoration, damage claims, liquidated damages, and Section 252.505, Florida Statutes, if applicable.

21. Reservation of Rights

(1) The City may reject any or all bids, cancel the solicitation, resolicit, waive minor irregularities, request clarification, or take any action permitted by the solicitation and applicable law.

(2) The City is not liable for bid preparation costs, travel costs, demonstrations, site visits, or other expenses incurred by any bidder.

(3) The City may conduct reference checks, responsibility reviews, grant eligibility checks, SAM.gov checks, licensing checks, and other due diligence before award.

(4) The City may require the selected bidder to provide updated insurance, bonding, certifications, disclosures, or grant documentation before execution.

(5) The City may reject a bid that includes material exceptions, unauthorized deviations, or terms inconsistent with the solicitation or Standard Contract Addendum.

22. Indemnification The City shall not be liable for any loss, injury, death, or damage to persons or property, which at any time may be suffered or sustained by any person whatsoever arising from the negligent performance by Bidder and its employees and agents of its obligations under the provisions of this agreement. The Bidder shall indemnify and hold harmless the City, and agents and employees against all claims, liabilities, loss, injury, death or damage whatsoever, including but not limited to attorney fees, on account/or arising out of or resulting from any negligent act or omission of the Bidder in the performance of the work. The City and Bidder acknowledge that the first ten dollars ($10.00) of the compensation paid Bidder for its work hereunder shall be deemed specific consideration for this indemnification.

23. Failure to Deliver In the event of failure of the Bidder/contractor to deliver the goods and services in accordance with the contract terms and conditions, the City of Neptune Beach may procure the goods and services from other sources and hold the Bidder/contractor responsible for any resulting additional costs. A failure to deliver will result in immediate termination of a resulting contract, and immediate disqualification and debarment from submitting bids to the City of Neptune Beach for a maximum of five (5) years. These remedies shall be in addition to any other remedies that the City of Neptune Beach may have available.

24. Attachments to Include With Issued Solicitation Attachment Description Attachment A Scope of Work / Technical Specifications / Project Manual Attachment B Required Bid Forms and Certifications Attachment C Sample Agreement Attachment D City Standard Contract Addendum Attachment E Insurance Requirements Attachment F Addenda Acknowledgment Attachment G Price/Bid Schedule, Unit Price Form, Alternates, and

Allowances, Full product description with photos

22. Bidder Checklist

✓ Item ☐ Bid submitted as indicated ☐ Bid identifies the solicitation number and project title.

☐ Bid form, unit price schedule, alternates, and allowances completed.

☐ Addenda acknowledged.

☐ Minimum qualification and responsibility documentation included.

☐ Licenses and certifications included.

☐ Current certificate of insurance or evidence of insurability included.

☐ Subcontractor list included.

☐ E-Verify compliance statement/documentation included.

☐ Public entity crimes, non-collusion, conflict of interest, lobbying, foreign country of concern, forced labor/no coercion for labor or services, scrutinized company, and other required certifications included, as applicable.

☐ Drug-free workplace statement ☐ Grant/funding-source certifications and forms included, if applicable.

☐ Vendor W-9 included

All bid documents, certifications, and forms requiring a signature must be executed by an authorized representative of the bidder. An authorized representative is an individual authorized under the bidder’s governing documents, Sunbiz records, written authorization, or other documentation acceptable to the City.

Attachment A

Scope of Work

Jarboe Park Volleyball Court

City of Neptune Beach, Florida

Project Overview: The City of Neptune Beach invites sealed bids for the construction of a sand volleyball court at Jarboe Park, 510 Florida Blvd. Neptune Beach FL. The court must be sufficient size to accommodate competition and recreational play as outlined in the specifications below. Sand must be 18” deep minimum on a well-drained gravel bed separated by a geotextile fabric. Perimeter must be durable, safe, level, squarely oriented and function to hold in sand and facilitate ease of maintenance around the court. Choice of perimeter material is negotiable and contractor can submit options in bid. The net and posts must allow adjustment between men and women’s heights. Construction must meet code and safety requirements. Detailed punchlist will include mulch, smooth grading, surface finishes, mulching and other small tasks that contribute to a quality appearance in the front entrance area of Jarboe Park.

Deliverables: Bid package, product description and construction. One complete sand volleyball court constructed as per specifications.

Tasks/Work breakdown: Installation during normal working hours (M-F 7am to hard stop at 5 pm, excluding holidays)

Contractor is responsible for verifying site measurements.

Timeline: Contractor to provide proposed installation schedule for City to consider in selecting a contractor.

Exclusions: Does not include fencing, lighting, landscaping, engineering or maintenance.

Permitting: Building Permit Required

Criteria: Sand must be of playable quality and 18” depth minimum. Playable sand quality is defined here as fine grained, sub-angular to rounded and clean composition. All materials used for drainage (geotextile fabric, perforated drainpipe, sock etc.) must be of lasting material quality. Net and post components must be rust-free material such as 316 stainless steel, aluminum, wood or other. Rusting materials will result in a rejected bid. Perimeter ribbon must not be a trip hazard. Provide warranty information. Neptune Beach will strongly consider the grade of materials when selecting a contractor. Neptune Beach Code of Ordinances does not require selection of the lowest bidder, and when selecting a contractor, material quality, aesthetics, workmanship and warranty will be considered.

Payment terms: Down payment up to 50% and payment upon completion following Neptune Beach vendor procedures.

Site Photo

Specifications:

ATTACHMENT B

REQUIRED BID FORMS AND CERTIFICATIONS

Bid Form

For

Jarboe Park Volleyball Court

City of Neptune Beach, Florida

Submitted by: __________________________________________________________________

Date: _____________________

The undersigned, as bidder, hereby declares that the only person or persons interested in the proposal as Principals is, or are, named herein and that no other person that herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company, or parties making a bid proposal; and that it is in all respects fair and in good faith, without collusion or fraud.

The bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the places where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all special provisions furnished prior to the opening of bids, that he has satisfied himself relative to the work to be performed.

The bidder proposes and agrees, if this proposal is accepted, to contract with the City of Neptune

Beach, Florida in the form contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the contract in full and complete in accordance with the shown, noted, described, and reasonable intended requirements of the plans and specifications and contract documents to the full satisfaction on the contract with the City of Neptune Beach, Florida, with a definite understanding that no money will be allowed for extra work except as set forth in the attached general conditions and contract documents, as follows:

A. Bid Schedule

The project consists of a Base Bid. Bidders must submit a bid price on all items as described below. Only one (1) contract will be awarded. Contract will be awarded to the responsible bidder based on the submitted Base Bid. All entries on the proposal must be typewritten or printed clearly and in ink. Bidders must insert extended total item prices computed from quantities and unit prices. In case of errors in extensions, unit prices will govern.

Bid Form

Police Department Storm Shutters

Bid

Item

No.

Description Qty Unit Unit Cost Extended

Cost

1 Mobilization 1 LS $ $

2 Administration, supervision, management

1 LS $ $

3 Volleyball court sand measured in cubic yards

EA $ $

4 Posts 2 EA $ $

5 Net 1 EA $ $

6 Court Border $ $

Court Border option 2

7 Geotextile fabric $ $

8 Gravel measured in cubic yards $ $

9 Drainage system $ $

10 Excavation and related LS $ $

11 Additives (if any) $ $

Description of additives, contingency or allowance (if any):

B. Required Certifications: State Contractors License, Duval County Tax Receipt

Company Name: _______________________________________________________________

Contractors License Number: _____________________________________________________

C. Attach product warranty and maintenance requirements.

ATTACHMENT C

Sample Agreement

For

Jarboe Park Volleyball Court

City of Neptune Beach, Florida

Contractor is to provide a sample contract for the consideration of this bid. In the event of a bid award, this contract would be used to form an agreement between the City of Neptune Beach and The Contractor unless the City provides a contract agreement.

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ATTACHMENT D

STANDARD CONTRACT ADDENDUM

THIS STANDARD CONTRACT ADDENDUM is made and entered into this day of , 2026, by and between the CITY OF NEPTUNE BEACH, a Florida municipality, hereinafter referred to as the “City”, and __________________, hereinafter referred to as “Contractor”, concerning that certain agreement dated the ____ day of __________, 2026

(“Agreement”).

WITNESSETH:

WHEREAS, Section 119.0701, Fla. Stat., requires that certain public agency contracts must include certain statutorily required provisions concerning the contractor’s compliance for Florida’s Public Records Act; and

WHEREAS, Section 768.28, Fla. Stat., sets forth certain mandatory limitations on indemnification and liability for Florida public agencies; and

WHEREAS, Florida law requires that public agency contracts be subject to non-appropriation and thereby contingent upon appropriation during the public agency’s statutorily mandated annual budget approval process; and

WHEREAS, Section 448.095, Fla. Stat., imposes certain obligations on public agencies with regard to the use of the E-Verify system by their contractors and subcontractors; and

WHEREAS, Section 287.133 and 287.135, Fla. Stat., provides restrictions on local governments contracting with companies that are on certain Scrutinized Companies lists or convicted vendor list; and

WHEREAS, additional terms consistent with Sections 282.3185(5) and (6) related to data management and Section 287.05701 related to social government and corporate activism are also added by virtue of this Addendum; and

WHEREAS, Section 286.101, Florida Statutes contains a list of “foreign countries of concern” including, the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such “foreign country of concern”. Any entity that does business with a state agency or political subdivision must disclose certain of their dealings with those “foreign countries of concern” to the Florida Department of Financial Services; and

WHEREAS, Section 787.06(13), Florida Statutes provides that when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the

Rev. 7-24-25 2 nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in such statute; and

WHEREAS, pursuant to Section 252.505, Florida Statutes, each local government contract for goods or services related to emergency response for a natural emergency entered into, renewed, or amended on or after July 1, 2025, must include a provision that requires a vendor or service provider that breaches such contract during an emergency recovery period to pay a $5,000 penalty and damages.

NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree to this addendum as follows:

1. Amendment. This Addendum hereby amends and supplements the terms of the

Agreement. In the event of a conflict between the terms of the Agreement and terms of the Addendum, the terms of the Addendum shall prevail.

2. Public Records Compliance. Contractor agrees that, to the extent that it may "act on behalf" of the City within the meaning of Section 119.0701(1)(a), Florida Statutes in providing its services under this Agreement, it shall:

(a) Keep and maintain public records required by the public agency to perform the service.

(b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.

(d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City.

(e) Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CONTRACTOR

HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

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RELATING TO THIS AGREEMENT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS AT:

CITY OF NEPTUNE BEACH CITY HALL

116 First Street Neptune Beach, FL 32266

PHONE: 904-270-2400

FAX: 904-270-2433

3. Public Records Compliance Indemnification. Contractor agrees to indemnify and hold the City harmless against any and all claims, damage awards, and causes of action arising from the contractor’s failure to comply with the public records disclosure requirements of Section 119.07(1), Florida Statutes, or by contractor’s failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorneys’ fees and costs arising therefrom.

Contractor authorizes the public agency to seek declaratory, injunctive, or other appropriate relief against Contractor in Duvall County Circuit Court on an expedited basis to enforce the requirements of this section.

4. Compliance/Consistency with Section 768.28, Fla. Stat. Any indemnification or agreement to defend or hold harmless by City specified in the Agreement shall not be construed as a waiver of City's sovereign immunity, and shall be limited to such indemnification and liability limits consistent with the requirements of Section 768.28, Fla. Stat. and subject to the procedural requirements set forth therein. Any other purported indemnification by City in the Agreement in derogation hereof shall be void and of no force or effect.

5. Non-appropriation. City’s performance and obligation to pay under this

Agreement is contingent upon an appropriation during the City’s annual budget approval process.

If funds are not appropriated for a fiscal year, then the Contractor shall be notified as soon as is practical by memorandum from the City Manager or designee that funds have not been appropriated for continuation of the Agreement, and the Agreement shall expire at the end of the fiscal year for which funding has been appropriated. The termination of the Agreement at fiscal year end shall be without penalty or expense to the City subject to the City paying all invoices for services rendered during the period the Agreement was funded by appropriations.

6. E-Verify Compliance. By entering into this Agreement, the Contractor is obligated to comply with the provisions of Section 448.095, Florida Statutes “Employment Eligibility,” as amended from time to time. This includes but is not limited to register with and use the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Contractor attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Contractor agrees to maintain a copy of such affidavit for the duration of this Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095, Florida Statutes, as amended and Contractor will not be awarded a public contract for at least one (1) year after the date on which the Agreement was terminated. Contractor will also be liable for any additional costs to the City as a result of the termination of this Agreement in accordance with this paragraph.

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Contractor affirmatively states, under penalty of perjury, that in accordance with Section 448.095, Florida Statutes, Contractor is registered with and uses the E-Verify system to verify the work authorization status of all newly hired employees, that in accordance with such statute, Contractor requires from each of its subcontractors an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, and that Contractor is otherwise in compliance with Sections 448.09 and 448.095, Florida Statutes.

7. Compliance/Consistency with Scrutinized Companies Provisions of Florida

Statutes. Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida Statutes, further prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services over one million dollars ($1,000,000) if, at the time of contracting or renewal, the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to section 215.473, Florida Statutes, or the company is engaged in business operations in Cuba or Syria. Contractor hereby certifies that Contractor is not listed on any of the following: (i) the Scrutinized Companies that Boycott Israel List, (ii) Scrutinized Companies with Activities in Sudan List, or (iii) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Contractor further hereby certifies that Contractor is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria. Contractor understands that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject Contractor to civil penalties, attorney’s fees, and/or costs. Contractor further understands that any contract with City for goods or services of any amount may be terminated at the option of City if Contractor (i) is found to have submitted a false certification, (ii) has been placed on the Scrutinized Companies that Boycott Israel List, or

(iii) is engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the contract is one million dollars ($1,000,000) or more, the contract may be terminated at the option of City if the company is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria.

8. Disclosure Requirements for “Foreign Countries of Concern”.

CONTRACTOR shall comply with the disclosure requirements set forth is section 286.101 (3) (a), F.S., which requires “Any entity that applies to a state agency or political subdivision for a grant or proposes having a contract value of $100,000 or more shall disclose to the state agency or political subdivision any current or prior interest of, any contract with, or any grant or gift received from a “foreign country of concern” if such interest, contract, grant or gift received from a “foreign country of concern” if such interest, contract, grant or gift has a value of $50,000 or more and such interest existed at any time or such contract, grant or gift was received or in force at any time during the previous five (5) years. Such disclosure shall contain the name and mailing address of the disclosing entity, the amount of the gift or the value of the interest disclosed, the applicable “foreign country of concern” and, if applicable the date of termination of the contract or interest, the date of receipt of the grant or gift and the name of the agent or controlled entity that is the source or interest holder. Within one (1) year before applying for any grant or proposing any

Rev. 7-24-25 5 contract, such entity must provide a copy of such disclosure to the Department of Financial Services”. Pursuant to section 286.101(7), F.S.: “In addition to any fine assessed under [section 286.101(7)(a), F.S.], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision shall automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission for good cause.”

9. Venue and Jurisdiction. Notwithstanding any of other provision to the contrary, this Agreement and the parties’ actions under this Agreement shall be governed by and construed under the laws of the state of Florida, without reference to conflict of law principles. As a material condition of this Agreement, each Party hereby irrevocably and unconditionally: i) consents to submit and does submit to the jurisdiction of the Circuit Court in and for Duvall County, Florida for any actions, suits or proceedings arising out of or relating to this Agreement.

10. Attorneys’ Fees and Costs. Notwithstanding any of other provision to the contrary, if litigation ensues regarding this Agreement, each party hereto shall bear its own attorneys’ fee and costs.

11. Public Entities Crime or Convicted Vendor List. Contractor agrees and assumes a continuous duty to disclose to the City if the Contractor or any of its affiliates as defined by Section 287.133(1)(a), Florida Statutes are placed on the Convicted Vendor List or the Antitrust Violator Vendor List maintained by the Florida Department of Management Services.

12. Data Management; Notice of Breach. Contractor shall cooperate with the City and provide timely incident reporting, response activities/fact gathering, public and agency notification, severity level assessment, after-action reports, etc., which the City must report in accordance with Sections 282.3185(5) & (6), Florida Statutes in the event of a data breach.

13. Environmental and Social Government and Corporate Activism. The City has not given preference or requested documentation from the Contractor based on Contractor’s social, political or ideological interest. Contractor agrees to similarly not request documentation or give preference to any subcontractor based on the subcontractor’s social, political or ideological interests.

14. Taxes. The City shall not be liable for any taxes and assessments imposed by a federal, state or local governmental agency to the extent that the City is exempt from same by Florida law, including but not limited to any sales or use tax.

15. No coercion for labor or services. The Contractor swears under penalty of perjury that the Contractor does not use coercion for labor or services as defined as follows:

“Coercion” means:

1. Using or threatening to use physical force against any person;

2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will;

3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably

Rev. 7-24-25 6 assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person;

5. Causing or threatening to cause financial harm to any person;

6. Enticing or luring any person by fraud or deceit; or

7. Providing a controlled substance as outlined in Schedule I or Schedule II of

Sec. 893.03, Fla. Stat. to any person for the purpose of exploitation of that person.

16. Force Majeure. The City reserves the right to suspend, modify or terminate this contract in the event of an act of god or act of man beyond the control of the parties, including but not limited to a hurricane, tropical storm, tornado, or other destructive weather event, flooding, pandemic, plague, war, armed conflict, domestic or foreign terrorism, riot, labor condition, state or federal governmental action, and catastrophic Internet disturbance, making performance inadvisable, economically impracticable, illegal, or impossible.

17. Conflicts. By entering into this agreement, the Contractor represents that it currently is not providing professional services to any third party person or entity on any project or development for which project or development approval is currently pending or proposed or for which an application is being prepared for submittal to the City of Neptune Beach for review or approval and further agrees that during the term of this agreement, the Contractor will not provide professional services to any third party person or entity as to any project or development for which development or project approval is pending or proposed or for which an application is being prepared for submittal to the City of Neptune Beach for review or approval.

18. Breach of Agreement for Goods or Services Related to Emergency Response for Natural Disaster Pursuant to Section 252.505, Florida Statutes. Pursuant to Sec. 252.505, Fla. Stat., if vendor breaches this agreement during an emergency recovery period (1-year period beginning upon Governor’s initial declaration of a natural emergency) Contractor shall pay a $5,000 penalty and damages, which may be either actual and consequential damages or liquidated damages in addition to any other consequential damages or liquidated damages that may otherwise be due under the terms of the agreement.

19. Additional Terms. Notwithstanding any of other provision to the contrary, the parties agree as follows:

A. None.

IN WITNESS WHEREOF, the parties hereto have executed and delivered this instrument on the days and year indicated below and the signatories below to bind the parties set forth herein.

Under penalties of perjury, and pursuant to Sec. 92.525, Fla. Stat., Contractor declares that Contractor has read the foregoing Section 15 above and that the facts stated in it are true.

Contractor:

Rev. 7-24-25 7

Print Name: __________________________

Title: ________________________________

Company: ____________________________

ATTEST: City of Neptune Beach

__________, City Clerk ____, Mayor

APPROVED AS TO FORM

City Attorney

Attachment E

City of Neptune Beach

Insurance and Business requirements

Insurance and licensing information.

i. Workers’ Compensation (unless exempt) with Employers’ Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease.

ii. Commercial General Liability (CGL) insurance with a limit of not less than $300,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project/work in the amount of $600,000.00. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Damage to rented premises shall be included at$100,000.00.

iii. Commercial Automobile Liability Insurance with a limit of not less than $300,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non-owned autos) and such policy shall be endorsed to provide contractual liability coverage

Vendor onboarding checklist includes: W9, FEIN and Sunbiz number

Drug Free Workplace:

Section 287.087, Florida Statues, effective January 1, 1991, specifies that preference must be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace. This requirement effects all public entities of the State and is as follows:

IDENTICAL TIE BIDS - Preference shall be given to business with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drugfree workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurrence in the workplace no later than five (5) days after such conviction.

5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS

FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.

VENDOR’S SIGNATURE DATE

ATTACHMENT F

ADDENDA ACKNOWLEDGMENT

For IFB 2026-04

Jarboe Park Volleyball Court

City of Neptune Beach, Florida

Opening Date:

Addendum Number:

Bid Number:

Project Title:

Please be advised that the following changes are applicable to the original specifications:

Acknowledgement of receipt: The undersigned hereby acknowledges receipt of the addenda listed below and confirms that the information contained therein has been taken into full consideration in the formulation of this bid.

Addendum number 1 Date received: _______

Firm information and authorized…