Menard_May_Park_Observation_Pier_Replacement_-_Construction.pdf

INVITATION TO BID

ITB 25-PR-04

MENARD MAY PARK OBSERVATION PIER REPLACEMENT -

CONSTRUCTION

City of Edgewater, Florida

104 North Riverside Drive

Edgewater, FL 32132

RELEASE DATE: July 28, 2025

DEADLINE FOR QUESTIONS: August 28, 2025

RESPONSE DEADLINE: September 23, 2025, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of Edgewater, Florida

INVITATION TO BID

Menard May Park Observation Pier Replacement - Construction

1. City of Edgewater

2. Introduction

3. Instruction for Bid

4. Scope of Work

5. Terms and Conditions

6. Insurance Requirements

7. Contract/Agreement & All Required Forms

8. Submittal Requirements

9. Funding Source Requirements

10. Total Pricing Form

11. Vendor Questionnaire

Attachments:

A - Menard May Park Dock Plans Complete Set (8-9-2024)

B - Menard May Park Dock Plans Complete Set (8-9-2024) (1)

C - SOV 7-23-24 revised 8-27-24

D - SOV 7-23-24 revised 8-27-24 (Alt for Fortified Structure)

E - Menard May Park Pier Exemption Letter 11.26.2024

Invitation to Bid #ITB 25-PR-04 Title: Menard May Park Observation Pier Replacement - Construction

1. City of Edgewater

1.1. Legal Notice

Notice is hereby given that the City of Edgewater is accepting Sealed Bids via the City's e-Procurement

Portal, OpenGov to Menard May Park Observation Pier Replacement - Construction, located at 413

South Riverside Drive, Edgewater, FL 32132. Bids will be received until 10:00 am, on Tuesday, September

23, 2025.

ITB 25-PR-04

"Menard May Park Observation Pier Replacement - Construction"

The City of Edgewater has issued this Invitation to Bid (hereinafter, “ITB”) with the sole purpose and intent of obtaining bids from qualified and licensed State of Florida Contractors to provide all permits, insurance, manpower, material and supervision for the Menard May Park Observation Pier Replacement

- Construction, in accordance with the terms and conditions herein. The successful bidder will be hereinafter referred to as the "Contractor".

This project is funded by FEMA. Proposers must meet all FEMA requirements.

A non-mandatory pre-bid conference will be held on Tuesday, August 12, 2025, commencing promptly at 10:00 am.

The Pre-Bid Conference will be held in person as well as via Zoom: City of Edgewater Council Chambers

104 N Riverside Drive Edgewater, FL 32132 Join Zoom Meeting Time: Aug 12, 2025 10:00 AM Eastern

Time (US and Canada) Join Zoom Meeting https://us06web.zoom.us/j/88697895815?pwd=doUnQhaILqD5WQBLUZRaLK3QTw2HJB.1 Meeting ID:

886 9789 5815 Passcode: 461921 Dial by your location • 888 788 0099 US Toll-free • 833 548 0276 US

Toll-free Find your local number: https://us06web.zoom.us/u/kewBfnFrhQ PLEASE NOTE - an onsite visit will occur immediately after the Pre-Bid meeting. This site visit will NOT be available via Zoom. A submission of a bid by the Contractor is considered a representation that the Contractor has visited the site and has carefully examined the site and is satisfied as to the conditions to be encountered in performing the work..

All required documents shall be completed and submitted through the City's e-Procurement Portal.

City of Edgewater does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status.

This Public Notice has been posted on the City’s e-Procurement Portal, on the City of Edgewater Finance website: www.cityofedgewater.org, and in the Lobby of City Hall on Monday, July 28, 2025.

1.2. Funding

This is a FEMA Public Assistance federally assisted project and is subject to Federal Standards of 2 C.F.R.

200.317 through 200.327. The prime contractor is responsible for the enforcement of compliance and support documentation for the duration of the project.

2. Introduction

Thank you for your interest in doing business with the City of Edgewater, Florida.

If you are interested in preparing a response to this solicitation, please read the solicitation package in its entirety prior to submitting a response.

Under Chapter 119, Florida Statutes, all responses to this solicitation shall be considered public record, subject to distribution pursuant to the request for records by any interested party.

The awarded respondent must be registered with the Florida Department of State and licensed to do business in the State of Florida.

2.1. Summary

Reconstruction of the Menard May Park Observation Pier (FEMA PROJECT) located at 413 South

Riverside Drive, Edgewater, FL 32132.

GPS Coordinates: Start: 28.989534, -80.901076 End: 28.989844, -80.901183

2.2. Background

The City of Edgewater serves an area of 25.24 square miles with a population of approximately 24,981.

The City’s population density is estimated at 989.7 people per square mile.

More detailed information on the government and its finances can be found in the City’s Annual

Comprehensive Financial Report (ACFR) for the fiscal year ending September 30, 2024, and in the City’s

Annual Budget for fiscal year 2024-2025. Copies of these documents may be viewed at www.cityofedgewater.org. The City of Edgewater is exempt from all state, local, and federal taxes.

The Menard May Park Observation Pier is a wooden pier with wood pilings and wood plank decking constructed in 1918 by a private entity and deeded to the City the same year. In 1987 the pier was extended to include an “L” shaped extension of approximately 27’ L x 15’ W fishing deck / observation deck.

On September 29, 2022, Hurricane Ian impacted the City of Edgewater with high winds, storm surge, and a record amount of rainfall. The combination of high winds, severe localized flooding, and storm surge caused property damage, infrastructure damage, and downed trees and power lines, which posed a threat to the health, safety, and economic recovery of residents, businesses, and governmental operations.

2.3. Contact Information

Purchasing Department

Purchasing

104 N RIverside Drive http://www.cityofedgewater.org/

Email: purchasing@cityofedgewater.org

Phone: (386) 424-2400

Department:

Parks and Recreation

2.4. Timeline

The following projected timetable should be used as a working guide for planning purposes only. The

City reserves the right to adjust this timetable as required during the course of the ITB process.

Issue ITB July 28, 2025 mailto:purchasing@cityofedgewater.org tel:(386)424-2400

Pre-Bid Conference (Non-Mandatory) August 12, 2025, 10:00am

The Pre-Bid Conference will be held in person as well as via Zoom:

City of Edgewater Council Chambers

104 N Riverside Drive

Join Zoom Meeting

Time: Aug 12, 2025 10:00 AM Eastern Time (US and

Canada)

Join Zoom Meeting https://us06web.zoom.us/j/88697895815?pwd=do

UnQhaILqD5WQBLUZRaLK3QTw2HJB.1

Meeting ID: 886 9789 5815

Passcode: 461921

Dial by your location

• 888 788 0099 US Toll-free

• 833 548 0276 US Toll-free

Find your local number:

https://us06web.zoom.us/u/kewBfnFrhQ

PLEASE NOTE - an onsite visit will occur immediately after the Pre-Bid meeting. This site visit will NOT be available via Zoom.

A submission of a bid by the Contractor is considered a representation that the Contractor has visited the site and has carefully examined the site and is satisfied as to the conditions to be encountered in performing the work.

Deadline for Questions August 28, 2025, 2:00pm

Addendum Due September 9, 2025, 4:30pm https://us06web.zoom.us/j/88697895815?pwd=doUnQhaILqD5WQBLUZRaLK3QTw2HJB.1 https://us06web.zoom.us/j/88697895815?pwd=doUnQhaILqD5WQBLUZRaLK3QTw2HJB.1 https://us06web.zoom.us/u/kewBfnFrhQ

Bid Due Date/Bid Opening September 23, 2025, 10:00am

All Bids must be submitted via the electronic bid platform - OpenGov.

The Bid Opening will be held in person as well as via Zoom:

City of Edgewater Council Chambers

104 N Riverside Drive

Join Zoom Meeting

Time: Sep 23, 2025 10:00 AM Eastern Time (US and

Canada)

Join Zoom Meeting https://us06web.zoom.us/j/89497082973?pwd=SP m4aHc2LVhC2hROnmWPgxXy5jQT5s.1

Meeting ID: 894 9708 2973

Passcode: 488696

Dial by your location

• 888 788 0099 US Toll-free

• 833 548 0276 US Toll-free

Find your local number:

https://us06web.zoom.us/u/kefJ9kHWB1

Notice of Recommendation October 13, 2025

Contractor Selection Date/Council Meeting: November 3, 2025 https://us06web.zoom.us/j/89497082973?pwd=SPm4aHc2LVhC2hROnmWPgxXy5jQT5s.1 https://us06web.zoom.us/j/89497082973?pwd=SPm4aHc2LVhC2hROnmWPgxXy5jQT5s.1 https://us06web.zoom.us/u/kefJ9kHWB1

3. Instruction for Bid

3.1. Delivery of Bids

All Bids are to be delivered before 10:00 am, local time, on or before Tuesday, September 23, 2025 via the City's e-Procurement Portal, OpenGov.

Bids received after the designated time will not be allowed on the City's eProcurement Portal. For further information, please e-mail the Purchasing Department at purchasing@cityofedgewater.org.

There is no expressed or implied obligation for the City of Edgewater to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.

Please note that all required documents must be submitted through the OpenGov portal and cannot be completed via a downloaded PDF copy of the ITB.

3.2. Inquiries

All questions related to this ITB shall be submitted in writing through the Question/Answer Tab via the

City's e-Procurement portal, on or before, Thursday, August 28, 2025 by 2:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.

Bidders must clearly understand that the only official answer or position of the City shall be the one stated in writing and posted in the City's e-Procurement portal. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-

Procurement Portal.

When asking questions, please be sure to enter each question separately.

3.3. Method of Source Selection

The City is using the Competitive Sealed Bids methodology of source selection for this procurement, as authorized by Resolution 2023-R-05 establishing and adopting the City Purchasing Policy. Each bid will be reviewed to determine if the bid is responsive to the ITB. Bids deemed to be non-responsive may be rejected without being evaluated by the Evaluation Committee appointed by the City Manager, which shall be comprised of a minimum of three (3) City employees. The committee will make a recommendation to the City Council who will make the final selection(s). ITB’s that are solely priced based will be reviewed by the Purchasing Specialist and Project Manager and will not be subject to the

Evaluation Committee process. A responsive bid is one which has been signed and submitted by the specified Bid deadline, and has provided the information required to be submitted with the Bid. While poor formatting, poor documentation and/or incomplete or unclear information may not be cause to reject a bid without evaluation, such substandard submissions may adversely impact the evaluation of a

Bid. Respondents who fail to comply with the required and/or desired elements of this ITB do so at their own risk.

The City may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements.

https://secure.procurenow.com/portal/edgewater https://secure.procurenow.com/portal/edgewater https://secure.procurenow.com/portal/edgewater

3.4. Pre-Bid Conference

A non-mandatory pre-bid conference will be held on Tuesday, August 12, 2025, commencing promptly at 10:00 am.

The Pre-Bid Conference will be held in person as well as via Zoom: City of Edgewater Council Chambers

104 N Riverside Drive Edgewater, FL 32132 Join Zoom Meeting Time: Aug 12, 2025 10:00 AM Eastern

Time (US and Canada) Join Zoom Meeting https://us06web.zoom.us/j/88697895815?pwd=doUnQhaILqD5WQBLUZRaLK3QTw2HJB.1 Meeting ID:

886 9789 5815 Passcode: 461921 Dial by your location • 888 788 0099 US Toll-free • 833 548 0276 US

Toll-free Find your local number: https://us06web.zoom.us/u/kewBfnFrhQ PLEASE NOTE - an onsite visit will occur immediately after the Pre-Bid meeting. This site visit will NOT be available via Zoom. A submission of a bid by the Contractor is considered a representation that the Contractor has visited the site and has carefully examined the site and is satisfied as to the conditions to be encountered in performing the work..

The purpose of the pre-bid conference is to allow an open forum for discussion and questioning with

City staff regarding the ITB with all prospective bidders having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the ITB. Only written responses to written questions will be considered official, and will be included as part of the ITB.

All prospective bidders are strongly encouraged to attend, as, unless requested by the department, this will be the only pre-bid conference for this solicitation.

Menard May Park is a public city park which may be visited during normal operating hours.

3.5. Compliance with the ITB

Proposals must be in strict compliance with this ITB. Failure to comply with all provisions of the ITB may result in disqualification.

3.6. Acknowledgment of Insurance Requirements

By signing the Insurance Requirements included in this ITB, Bidder acknowledges these conditions include Insurance Requirements.

It should be noted by the Bidder that, in order to meet the City's requirements, there may be additional insurance costs to the Bidder's firm. It is, therefore, imperative that the bidder discuss these requirements with the Bidder’s insurance agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Bidder.

The Bidder's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Bidder's limit of, or lack of, sufficient insurance protection.

Bidder also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the City may rescind its acceptance of the Bidder’s Bid.

The specific insurance requirements for this solicitation are included as part of this solicitation.

3.7. Bid Bonding Requirements

Bid Bond: A copy shall be uploaded with proposal response in the form of a Bid bond, certified funds or an irrevocable letter of credit in a sum equal to the amount of five percent (5%) of the total proposal price. Alternately a, cashiers’ check, cash bond can posted with the City Clerk. All checks shall be made payable to the City of Edgewater on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation, as a guarantee that the proposer, if its proposal is accepted, will promptly execute the Agreement. The proposer shall guarantee the total proposal price for a period of 60 days from the date of the proposal opening.

The lowest responsible/responsive bidder agrees to produce the hard copy original Bid Bond, prior to the Notice of Recommendation or Council Hearing date, if requested by the City. Failure to do so may result in the bid being deemed non-responsive.

If vendor selects to submit a cashiers’ check or cash bond as a requirement of this Invitation to Bid, must be received by the City no later than Tuesday, September 23, 2025, 10:00 am, addressed to:

City of Edgewater

City Clerk

104 North Riverside Drive

Edgewater, Florida 32132

The Bid Bond shall be retained by the City as liquidated damages if the successful Proposer fails to execute and deliver to the City the unaltered contract, or fails to deliver any required Performance and

Payment Bonds or Certificates of Insurance, all within twenty-one (21) calendar days after receipt of the

Notice of Selection for Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to the City upon said bond. The Bid Bonds of the three (3) highest ranked

Proposers shall be held until the contract has been executed by the successful Proposer and same has been delivered to the City together with the required bonds and insurance, after which all three (3) Bid

Bonds shall be released to the respective Proposers. All other Bid Bonds shall be released within fourteen (14) calendar days of the Selection Committee meeting date. No proposals including alternates shall be withdrawn within one hundred and eighty (180) days after the Bid closing date thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Bond shall be released to the Proposer. In the event that the City awards the contract prior to the expiration of the one hundred and eighty (180) day period without selecting any or all alternates, the City shall retain the right to subsequently award to the successful Proposer said alternates at a later time and approved by the

Finance Director or designee, and the successful Proposer.

3.8. Payment and Performance Bonding Requirements

Performance and Payment Bonds: Bonds are required to be recorded by the Proposer prior to submitting it to the City. The recorded Bonds shall be submitted to the City Clerks office within 15 days of award of the contract by Proposers receiving award and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed

5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038.

Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety.

All performance security under the subsequent contract shall be in force throughout the final completion and acceptance of the project awarded.

If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the

Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner’s approval. Bond shall be written to City of

Edgewater.

3.9. Delivery of Bid

All Bids are to be submitted electronically via the City's e-Procurement Portal no later than 10:00 am, local time, on or before Tuesday, September 23, 2025.

The City shall not bear the responsibility for Bids submitted past the stated date and/or time indicated, or delivered though any other means. to an incorrect address by bidder’s personnel.

3.10. Evaluation of Proposals (Procedure)

The City’s procedure for selecting is as follows:

A. Invitation to Bid issued.

B. Subsequent to the closing of bids, the Department and the Purchasing Specialist shall review the bids received and verify whether each bid appears to be minimally responsive to the requirements of the published ITB

C. Vendor selection will be based on the lowest, compliant, qualified bid unless specified otherwise in the Invitation to Bid.

D. The City reserves the right to withdraw this ITB at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate.

E. Receipt of a bid by the City or a submission of a bid to the City offers no rights upon the Bidder nor obligates the City in any manner.

F. Acceptance of the bid does not guarantee issuance of any other governmental approvals.

The City reserves the right to withdraw this ITB at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate.

Receipt of a bid by the City or a submission of a bid to the City offers no rights upon the Bidder nor obligates the City in any manner.

3.11. Ambiguity, Conflict, or Other Errors in the ITB

If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the ITB, Bidder shall immediately notify the Purchasing Specialist, noted herein, of such error in writing and request modification or clarification of the document. The Purchasing Specialist will make modifications by issuing a written revision and will give written notice to all parties who have received this ITB from the

Finance Department.

The Bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the ITB prior to submitting the Proposal or it shall be waived.

3.12. Proposal, Presentation, and Protest Costs

The City will not be liable in any way for any costs incurred by any bidder in the preparation of its Bid in response to this ITB, nor for the presentation of its Bid and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.

3.13. Acceptance or Rejection of Proposals

The right is reserved by the City to waive any irregularities in any bid, to reject any or all bids, to re solicit for bids, if desired, and upon recommendation and justification by the City to accept the bid which in the judgment of the City is deemed the most advantageous for the public and the City.

Any bid which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful bidder, or their refusal to enter into the City contract, the City reserves the right to accept the bid of any other bidder or to re advertise using the same or revised documentation, at its sole discretion.

3.14. Prohibition against considering social political or ideological interests in government contracting

Per Florida Statute 287.05701 - The awarding body may not give preference to a vendor based on the vendors social, political or ideological interests.

3.15. Requests for Clarification of Bids

Requests by the Purchasing Specialist to a bidder(s) for clarification of Proposal(s) shall be in writing.

Bidder’s failure to respond to request for clarification may deem bidder to be non-responsive, and may be just cause to reject its bid.

3.16. Validity of Bids

To withdraw a bid through the City's e-Procurement Portal, the responding firm may “unsubmit” their bid in OpenGov. After withdrawing a previously submitted bid, the responding firm may submit another bid at any time up to the deadline for submitting bids.

No Bid can be withdrawn after the deadline for submitting bids.

All bids shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.

4. Scope of Work

4.1. General Description of Specifications

The City is seeking Bids from qualified and licensed State of Florida Contractor to provide all permits, insurance, manpower, material and supervision for the Menard May Park Observation Pier Replacement

- Construction. The successful bidder will hereinafter be referred to as the “Contractor”.

The Engineer's Estimate for in-kind replacement is $172,710.66. The Engineer's Estimate for Fortified replacement is $208,639.06.

This project is funded by FEMA. Proposers must meet all FEMA requirements.

4.2. Eligibility

A Florida corporation or partnership is required to provide evidence with its response that the Vendor is authorized to transact business in Florida and is in good standing with the Florida Department of

State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request of the Purchasing Manager. A foreign (out-of-state) corporation or partnership is required to provide evidence with its response that the Vendor is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request of the

Purchasing Manager. A joint venture is required to provide evidence with its response that the joint venture, or at least one of the joint venture partners, is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request of the Purchasing

Manager. However, the joint venture is required to provide evidence prior to contract execution that the joint venture is authorized to transact business in Florida and provide the City with a copy of the joint venture Agreement. A joint venture is also required to provide with its response a Statement of

Authority indicating that the individual submitting the joint venture’s proposal has the legal authority to bind the joint venture. If not with its response, such evidence must be submitted to the City no later than five (5) business days from the request of the Purchasing Manager.

4.3. Menard May Park dock construction scope of work

Scope of Work:Menard May Park Fishing Pier Replacement – City of Edgewater

The City of Edgewater is soliciting bids from qualified contractors for the replacement of the existing fishing pier located at Menard May Park. The scope of work generally includes the complete demolition and removal of the existing fishing pier and pilings, followed by the construction of a new fishing pier in the same footprint, in accordance with the detailed construction plans provided by the City.

Contractors shall submit:

• Base Bid: Reconstruction of the fishing pier using wood components similar in kind to the existing pier.

• Alternate Bid: Reconstruction with upgraded materials, including concrete pilings and flow-through composite decking to enhance durability and storm resilience.

The bid must include, but is not limited to, the following items:

• Mobilization and demobilization

• Bonding and insurance

• Erosion and sediment control measures

• Surveying and testing as required

• Demolition and proper disposal of the existing pier structure

• Installation of new pilings, beams, cross-bracing, joists, decking, railings, and all associated stainless steel hardware

• Restoration of erosion control revetment

All work must comply with applicable local, state, and federal regulations.

The City reserves the right to award the contract based on either the Base Bid or the Alternate Bid, contingent upon availability of FEMA funding and overall project budget.

SEE ATTACHMENTS FOR DRAWINGS AND SPECIFICATIONS.

5. Terms and Conditions

5.1. Construction Timeline

The Contractor agrees to commence work within Thirty (30) consecutive calendar days after the date of the Notice to Proceed letter and shall complete the work within One Hundred Eighty (180) consecutive calendar days thereafter.

5.2. City's Right to Inspect

The City or its authorized Agent shall have the right to inspect the Contractor’s facilities/project site during and after each work assignment the Contractor is performing.

5.3. Licenses

The Contractor is required to possess the correct occupational license, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.

All entities defined under Chapters 607, 608, 617 or 620, Florida Statutes, seeking to do business with the City shall be on file and in good standing with the State of Florida’s Department of State. Prior to making an offer, the Vendor shall have met the license, certification, and any other requirements of the state, county, city and/or other agency of authority with jurisdiction in such matters and should provide copies of documentation that evidence such qualifications with the response to the Solicitation; and, that the Vendor shall provide follow-up evidence that the Vendor maintains such credentials throughout the period of the agreement. A copy of a current certificate of authority from the Secretary of State authorizing the Bidder/Responder to do business in the State of Florida, or other evidence of legal authority to do business in the state, county, city and/or any other agency of authority should be provided with your response to the Solicitation. Information concerning certification with the Secretary of State may be obtained at http://ccfcorp.dos.state.fl.us/index.html. Contract documents shall be executed by the entity’s duly authorized officer as evidence by entity records.

If you have questions regarding required professional licenses and Business Tax Receipt and Certificate of use, contact the Finance Department, (386) 424-2400.

5.4. Principals/Collusion

By submission of this Proposal, the undersigned, as Bidder, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this

Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud.

5.5. Taxes

The City is exempt from Federal Excise and State of Florida Sales Tax.

5.6. Relation of City

It is the intent of the parties hereto that the Contractor shall be legally considered an independent contractor, and that neither the Contractor nor their employees shall, under any circumstances, be considered employees or agents of the City, and that the City shall be at no time legally responsible for any negligence on the part of said Contractor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.

5.7. Term Contracts

If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this Contractor on thirty (30) days prior written notice.

5.8. Termination

a. Termination for Convenience. CITY OF EDGEWATER has the right to terminate this Contract at any time and without future financial obligation upon thirty (30) days written notice to Contractor.

b. Termination for Cause. CITY OF EDGEWATER may terminate the Contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants contained in this Agreement at the time and in the manner provided in the Agreement. In the event of such termination, the CITY OF EDGEWATER may proceed with the work in any manner deemed proper by the

CITY OF EDGEWATER. The cost to the CITY OF EDGEWATER shall be deducted from any sum due the

Contractor under the Contract, and the balance, if any, shall be paid the Contractor upon demand.

5.9. Liability

The Contractor will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of

Nature and similar occurrences making performance impossible or illegal.

5.10. Assignment

The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City.

5.11. Lobbying

All firms are hereby placed on NOTICE that the City does not wish to be lobbied, either individually or collectively about a matter for which a firm has submitted a Proposal.

Firms and their agents are not to contact members of the City Council or any other City Staff other than the Purchasing Specialist for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from time of advertisement to final Council approval, no firm or their agent shall contact any other employee of the City in reference to this Proposal, with the exception of the Finance Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm.

5.12. Single Proposal

Each Bidder must submit, with their bid, the required forms included in this ITB. Only one bid from a legal entity as a primary will be considered. A legal entity that submits a bid as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same ITB.

All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration.

5.13. Protest Procedures

Any appeal or protest to the Request for Proposal shall be governed by the City of Edgewater’s

Purchasing Policies and Procedures. NOTE: Protest Procedures are time sensitive and can be found via this link: https://www.cityofedgewater.org/finance/page/purchasing-policies

5.14. Prohibition of Gifts to City Employees

No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Policy. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to:

submitting bids, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause.

5.15. Immigration Reform and Control Act

The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section

1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”).

Bidder acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et. seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately.

5.16. Equal Opportunity

The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises.

5.17. Other Agencies

All Bidder(s) awarded contracts from this bid or proposal may, permit any municipality or other government agency to participate in the contract under the same prices, terms and conditions, if agreed https://www.cityofedgewater.org/finance/page/purchasing-policies to by both parties. It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality or agency. Further, it is understood that each agency will issue its own purchase orders to the awarded bidder(s).

5.18. Conflict of Interest Disclosure

The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Firms must disclose within their bid/proposal to the City of Edgewater the name of any officer, director, or agent who is also an employee of the City of Edgewater (hereinafter the “City”). Furthermore, all firms must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches.

The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract.

The term “conflict of interest” refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities.

Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation.

5.19. Drug-Free Workplace Provisions

In accordance with Florida Statue 287.087, firm certifies that: 1. Publish a written statement notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the work place, the firm’s policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. 3. Gives each employee engaged in providing commodities or contractual services that are under bid or proposal, a copy of the statement specified above. 4. Notifies the employees that as a condition of working on the commodities or contractual and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt. 5. Imposes a sanction on, or requires 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. Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program.

5.20. Public Entity Crimes Notification

Florida Statutes, Paragraph 287.133(2)(a), A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

5.21. Non-Collusive Affidavit

The firm and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached

Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the

City of Edgewater. The offer or submittal being made is genuine and is not collusive or a sham.

I certify that all information contained in the submittal is truthful to the best of my knowledge and belief. I further certify, under oath, that this submittal is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. I certify that the offer quoted/proposed in the attached submission is fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the firm or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit.

5.22. Employment Eligibility Verification System (E-Verify) Acknowledgment

Firm acknowledges and agrees to utilize the U.S. Department of Homeland Security’s Employment

Eligibility Verification System (E-Verify) to do the following:

A. Enroll in the U.S. Department of Homeland Security’s E-Verify system; https://www.e-verify.gov/employers/enrolling-in-e-verify

B. Utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the Contract;

C. Utilize E-Verify to verify the employment eligibility of all employees assigned to the Contract;

and

D. Expressly require any subcontractors performing work or providing services pursuant to the

Contract to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term.

https://www.e-verify.gov/employers/enrolling-in-e-verify https://www.e-verify.gov/employers/enrolling-in-e-verify

5.23. Scrutinized Vendor Certification

Firm hereby certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City of Edgewater, that it:

1. Does not participate in a boycott of Israel; and

2. Is not on the Scrutinized Companies that Boycott Israel List; and

3. Is not on the Scrutinized Companies with Activities in Sudan List; and

4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and

5. Has not engaged in business operations in Syria.

Submitting a false certification shall be deemed a material breach of contract. The City of Edgewater shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the

Contractor does not demonstrate that the City’s determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida

Statute § 287.135.

Section 287.135, Florida Statutes, prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the

Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria.

5.24. No Lobbying Notification

All consultants, firms or individuals are hereby placed on notice that any communication, whether written or oral, with City of Edgewater elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Purchasing personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for bid, proposals, qualifications and/or any other solicitations released by the City of Edgewater. To do so is grounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the City of

Edgewater, Mayor, and City Council have made a final and conclusive determination.

5.25. Public Act 2016-20 Public Records Requirements

All material submitted regarding this RFP becomes the property of the City. RFP documents may be reviewed by any person ten (10) days after the public opening. The Professional Consultant should take special note of this as it relates to any proprietary information that might be included in its offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The

City has the right to use any or all information/material submitted in response to this RFP and/or any resulting contract from same. Disqualification of a Professional Consultant does not eliminate this right.

This section is further subject to F.S. 119.01 and 119.0701 et. seq.

RECORDS / AUDITS

The City of Edgewater is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall:

a. Keep and maintain public records required by the City in order to perform the service;

b. Upon request from the City’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 City.

Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the

Contractor, or keep and maintain public records required by the City to perform the service. If the

Contractor transfers all public records to the City 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 City, upon request from the City’s custodian of public records in a format that is compatible with the information technology systems of the City.

During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City Clerk. The

Contractor agrees to make available to the City Clerk, during normal business hours and in Volusia

County, all books of account, reports and records relating to this contract.

PUBLIC RECORDS CUSTODIAN

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

STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

CITY CLERK’S OFFICE

CITY OF EDGEWATER

104 N. RIVERSIDE DRIVE

EDGEWATER, FL 32132

(386)424-2400 X 1102

CITYCLERK@CITYOFEDGEWATER.ORG

5.26. Purchase Order Number

This purchase order number and the seller’s name must be clearly shown on all invoices, packing slips, delivery receipts, and correspondence. Failure to clearly indicate this purchase order number may result in the return of invoices.

5.27. Acceptance

All terms and conditions of this purchase order shall become part of the contract between the city of

Edgewater and the vendor/seller; the vendor’s/seller’s different or additional terms will never become part of this contract.

5.28. Delivery, Title & Risk of Loss

Title shall pass to the City of Edgewater on delivery of the conforming goods to the designated location.

Notwithstanding any agreement to pay freight, express or other transportation charges, the risk of loss or damage in transit shall be upon the vendor/seller. Delivery shall not be complete until the goods and or services have been received, inspected, and accepted by the City of Edgewater.

Collect shipments will not be accepted in the event that the city agrees to pay the freight, all freight charges shall be fully prepaid and included on the invoice. The original bill must be included with the invoice.

5.29. Warranty

The vendor/seller warrants that the goods and/or services supplied hereunder will be of good workmanship and of proper materials, free from defects and in accordance with specifications. If the vendor/seller knows the city’s intended use, the vendor/seller warrants that the goods and/or services are suitable for the intended use.

5.30. Remedies

Regardless of whether goods are being sold, licensed or leased or whether services are being performed, the vendor/seller and the City of Edgewater agree that both parties have all the uniform commercial code rights, duties, and remedies available.

5.31. Conflict of Laws

THIS AGREEMENT TO PURCHASE AND THE PERFORMANCE OF THE PARTIES HEREUNDER SHALL BE

CONSTRUED WITH AND GOVERNED BY THE LAWS OF THE CITY OF EDGEWATER AND THE STATE OF

FLORIDA.

5.32. Modifications

No modification in price, delivery, method or schedule, quantity, quality, specifications, or any other term of the contract will be effective unless agreed to in writing and signed by an authorized purchasing agent.

5.33. Taxes

The City of Edgewater Florida is exempt from the payment of all federal excise taxes and sales taxes of the State of Florida, and generally all other state governments.

State of Florida sales tax exemption number: 85-8013848356C7

Federal Employee Identification number: 59-6000-314

5.34. Patents & Royalties

THE VENDOR/SELLER, WITHOUT EXCEPTION, SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF

EDGEWATER AND ITS EMPLOYEES FROM LIABILITY OF ANY…