RFP_26-008-HG_Solicitation_Doc_FINAL.pdf

REQUEST FOR PROPOSAL

DOCUMENTS

RFP 26-008-HG

PALMETTO PICKLEBALL COURTS – DESIGN BUILD

Due: 11:00 a.m., Wednesday, June 10, 2026

CITY OF LEESBURG

Leesburg Municipal Services Center Procurement Division 204 N. 5th Street P.O. Box 490630 Leesburg FL 34749

Solicitation Issued by: Hosea Goodwyn – Procurement Manager Office: (352) 728-9880 Email: procurement@leesburgflorida.gov

For Solicitation Documents and Updates Visit Our City of Leesburg Bid Opportunities Website mailto:procurement@leesburgflorida.gov https://procurement.opengov.com/portal/leesburgflorida

Palmetto Pickleball Courts – Design Build

TABLE OF CONTENTS

1 FORMS AND ATTACHMENTS

2 PROPOSAL INSTRUCTIONS, TERMS AND CONDITIONS

2.1 DEFINITIONS

2.2 OFFICIAL SOLICITATION DOCUMENTS AND SOLICITATION SERVICE

2.3 SOLICITATION UPDATES/STATUS

2.4 SUBMISSION OF PROPOSALS

2.5 PREPARATION OF SUBMITTALS

2.6 ELECTRONIC SIGNATURES

2.7 EXCEPTIONS TAKEN TO SOLICITATION DOCUMENTS

2.8 WITHDRAWAL OR CORRECTION OF SUBMITTALS

2.9 CONTACT PERSON CONCERNING THIS SOLICITATION

2.10 ADDENDUM

2.11 PUBLIC OPENING

2.12 SOLICITATION TABULATION

2.13 DELIVERY

2.14 RESERVED RIGHTS OF THE CITY

2.15 TAXES

2.16 DEFAULT

2.17 CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION

2.18 QUALIFICATIONS OF PROPOSERS

2.19 DISQUALIFICATION OF PROPOSERS

2.20 REJECTION OF IRREGULAR PROPOSALS

2.21 AWARD OF PROPOSAL

2.22 DRUG-FREE WORKPLACE PROGRAM PREFERENCE

2.23 PUBLIC ENTITY CRIME STATEMENT

2.24 PUBLIC RECORDS – SOLICITATION SUBMITTAL INFORMATION AND DOCUMENTS

2.25 PUBLIC MEETING AND NOTICES

2.26 OBSERVE ABOVE INSTRUCTIONS

2.27 PRIORITY OF SPECIFICATIONS

2.28 TIME EXTENSION OF PROPOSAL

3 ADDITIONAL INSTRUCTIONS

4 GENERAL INFORMATION FOR THE PROPOSER

4.1 PURPOSE

4.2 ISSUING OFFICE

4.3 SCOPE

4.4 Tentative schedule

4.5 CONFLICT OF INTEREST DISCLOSURE

Palmetto Pickleball Courts – Design Build

4.6 REFERENCES

4.7 INCURRING COSTS

4.8 ECONOMY OF PREPARATION

4.9 DISCLOSURE OF SUBMITTAL CONTENTS

4.10 PRIME FIRM RESPONSIBILITIES

4.11 RESERVATIONS

4.12 SELECTION COMMITTEE

4.13 CONTRACT NEGOTIATIONS

4.14 CONTRACT

4.15 ADDITIONAL TERMS AND CONDITIONS

4.16 CONTRACTOR PUBLIC RECORDS REQUIREMENTS - FOR SERVICES

4.17 E-VERIFY - EMPLOYMENT ELIGIBILITY

5 INSURANCE REQUIREMENTS SPECIFICATIONS

6 GENERAL INFORMATION ABOUT THE CITY

6.1 GENERAL DESCRIPTION OF THE CITY

6.2 FORM AND ORGANIZATION OF GOVERNMENT

6.3 FINANCIAL CONDITION

6.4 CURRENT LITIGATION, CLAIMS, ETC

7 TECHNICAL INFORMATION AND REQUIREMENTS

7.1 SCOPE OF SERVICES

7.2 MINIMUM QUALIFICATIONS

7.4 COMPENSATION

7.5 TERM OF CONTRACT

7.6 SUBMITTAL FORMAT AND REQUIRED SUBMITTALS

7.7 EVALUATION

1 FORMS AND ATTACHMENTS

The following documents and forms are incorporated as part of the complete Solicitation package:

VENDOR PROPOSAL SUBMITTAL FORM

CONFLICT OF INTEREST FORM

NON-COLLUSION/LOBBYING CERTIFICATION FORM

DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS CERTIFICATION

PAYMENT AND PERFORMANCE BOND

ADDENDUM (issued as needed to all officially registered plan holders)

OTHER SOLICITATION PACKAGE DOCUMENTS (posted as separate individual documents) o IFB 26-008-HG Attachment A – Palmetto Pickleball Courts Project Site o IFB 26-008-HG Attachment B – Palmetto Pickleball Courts Conceptual Drawings

2 PROPOSAL INSTRUCTIONS, TERMS AND CONDITIONS

2.1 DEFINITIONS

Whenever used in this Proposal, the Contract, or any other documents pertaining to the service where these specifications govern, the following terms are used. The intent and meaning will be interpreted as follows:

Addendum A modification of the Solicitation Documents issued by the Procurement Division and distributed to prospective Proposers prior to the Proposal due date and time.

Additional Items Proposal Form Information to be provided by the Proposer as requested in this Proposal

Aggrieved Proposer The Proposer who is adversely affected by the award of a Proposal Contract to another Proposer and protests or appeals the decision.

Amendment/Change Order An agreed addition to, deletion from, correction, or modification to the Contract.

Bid Bond The particular item(s) or service(s) outlined within the attached specifications require(s) that a certified check, cashier's check, or insurance company’s executed bond made payable to the City of Leesburg in the amount of five percent (5%) of the base bid accompany your proposal. To ensure its prompt return, please include the company's name and return address on the face of your good faith check or draft. Checks or drafts accepted as good faith deposits will be retained within the City's Finance Department until award and execution of contract is complete, or until a purchase order is issued to the successful proposer. Any proposer withdrawing his proposal after the proposal opening forfeits the right of return of his good faith deposit.

Change Order A written order issued by the Procurement Division to the Successful Bidder/Contractor directing certain changes, additions, or reductions in work or services or in the materials or methods to be used.

City The City of Leesburg, 501 W. Meadows Street, Leesburg, Florida 34748.

Contract

The written agreement between the City and the Successful Firm for the performance of the services in accordance with the requirements of the Proposal Documents and for the payment at the agreed Contract negotiated price or adjusted as a result of an approved amendment/change order.

Contract Documents The Proposal Documents, purchase order, Contract, and performance and payment bond, together with all Addenda, supplemental agreements and change orders.

Contract Sales Report A report generated by the Firm that contains a high level of information about contract sales, revenue and other information as requested by the City.

Evaluation Committee A committee established to conduct evaluations of proposals, interviews, and negotiations during the solicitation process for a specific product or service; usually composed of representatives from the functional area identified in the scope of work and may include a procurement professional.

Firm A person or entity who submits a Proposal in response to the Request for Proposal for the services contemplated.

Firm/Consultant Any individual or business awarded the Contract to furnish specified goods, services, or construction for an agreed-upon price.

Governing Law The laws of the State of Florida shall be the laws applied in the resolution of any action, claim or other proceeding arising out of this contract.

OpenGov A third-party internet portal used by the City to provide solicitation notifications and information to registered vendors. To register, click on OpenGov and select the “Subscribe” button to start the process.

There is no cost for vendors to register. For more information about how to register, please see our help file.

Price Form The document where the Proposer will submit pricing for this solicitation.

Project Manager An authorized representative of the procuring department or Engineer, assigned to make any or all-https://procurement.opengov.com/portal/leesburgflorida https://opengov.my.site.com/support/s/topic/0TO8X000000Mhi0WAC/vendor-guides https://opengov.my.site.com/support/s/topic/0TO8X000000Mhi0WAC/vendor-guides necessary inspections of the work or services performed by the Firm.

Proposal The written submittal of a Proposer, submitted in the required format, to perform the services in accordance with the requirements of the Proposal Documents and stating the consideration, which the Proposer will require for so doing.

Proposal Documents All documents associated with this solicitation

Proposal Submittal Form or Proposal Bid Form The document that serves as the official offer presented to the City. This is a binding, required document that must be signed by the Proposer and returned with the Proposal.

Request for Proposal (RFP) The Proposal Document to solicit Proposals from potential providers (Proposer) for goods and services.

Protest Protests of the plans, specifications, and other requirements of bids and requests for proposals must be received in writing by the Purchasing Office at least ten (10) business days prior to the scheduled bid submittal deadline. A detailed explanation of the reason for the protest must be included. Protests of the intended award of bid or contract must be in writing and received in the Purchasing Office within three (3) business days of the notice of intent to award. A detailed explanation of the protest must be included.

Submittal The written submittal of a Proposer, submitted in the required format, to perform the services in accordance with the requirements of the Proposal Documents and stating the consideration, which the Proposer will require for so doing.

Submittal Documents All documents associated with this solicitation.

Submittal Label A label provided within the Proposal Documents for the ease of identifying a response to this solicitation.

Submittal Response Format The format in which it is required to respond to the Proposal.

Solicitation

An invitation to bid, a Request for Proposal, telephone calls, or any City issued document used to obtain quote, bids, or Proposals for the purpose of entering into a Contract.

Solicitation Document The documents used for the intent of soliciting informal or formal responses to a City issued solicitation.

Solicitation Receipt Log The recording of responses to solicitations for the purposes of record keeping, comparison, or analysis by the City.

Specifications The general term comprising all the scope of services, work, directions, requirements, provisions, and requirements contained within the Proposal Documents and any associated documents and resulting Contract, all describing the manner of performing the work or service, including detailed technical requirements, and prescribing the relations between the City and the Successful Proposer or Firm.

Successful Proposer The individual, partnership, or corporation to whom the Proposal and Contract is awarded.

Surety “Surety” is an organization which provides a bond, for a consideration, that promises to be liable for the debt, default, or failure of the Contractor. It is a three-party contract by which one party (the Surety) guarantees the performance or obligations of a second party (the Contractor) to a third party (the Owner).

Tentative Calendar of Events Tentative dates relevant to the processing and award of this solicitation.

User Fee A fee paid to the City based on a percentage of gross receipts from sales of a designated item category during a calendar month or fractional calendar month.

Venue Venue for any claim, action or proceeding arising out of this contract shall be Lake County, Florida.

2.2 OFFICIAL SOLICITATION DOCUMENTS AND SOLICITATION SERVICE

2.2.1 The “official” Solicitation document, including specifications, and Proposal Submittal Form, and solicitation posting are available from the City’s Procurement Division or through the City’s current contracted solicitation posting service company (OpenGov eSupplier).

2.2.2 Interested proposers should request the Solicitation documents directly from the City’s Procurement Division (only–not through any other City dept./div.) or from the City’s Solicitation Posting website.

2.2.3 This is necessary to ensure that potential Proposers have a complete official-Solicitation package and to record interested Proposers’ contact information for issuance of any addenda and receive solicitation status updates.

2.2.4 The City is not liable for any errors, omissions, etc. of solicitation postings or any Solicitation documents obtained from any party other than those listed above. The City is not responsible for the accuracy, completeness, or timeliness of any documentation or postings the Proposer receives from any other source.

2.3 SOLICITATION UPDATES/STATUS

The City staff will not provide solicitation updates or status information over the phone, by fax, or by e-mail. This information is available electronically. To obtain current information regarding this Solicitation visit our Solicitation Posting website.

2.4 SUBMISSION OF PROPOSALS

2.4.1 The Procurement Division shall receive responses to this Solicitation by the methods listed here no later than the deadline due date and time established within the Solicitation. Responses will not be accepted by any other means.

a. Electronic Submissions (Mandatory)

Enter information and upload completed Forms/Documents using the City’s online solicitation management portal, OpenGov (see the above paragraph titled “Official Solicitation Documents and Solicitation Posting” visit our Solicitation Posting website. Submit requested information using the appropriate Tab in the solicitation management portal, OpenGov.

Vendors will need to log in or create an account in advance of uploading submissions.

When submitting an offer electronically through the Solicitation Posting portal, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the solicitation. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your offer will be put at a “draft” status and will not be accepted. Only bids that have a status of “Submitted” within OpenGov will be accepted for review.

It is recommended that the submission process be completed the day prior to the due date, with the knowledge that any changes/updates will be accepted up to the due date and time.

If technical difficulties arise during submission of the Solicitation response, it is the Submitting Vendor’s responsibility to contact OpenGov technical support. For support, click on the “Help” link on the Solicitation Posting portal.

https://procurement.opengov.com/portal/leesburgflorida

Should there be any technical issues with the Platform (not user/Vendor issues) that prevents any Vendor from submitting a response within the two (2) hours immediately before the due time, the solicitation due date and time may be extended through the issuance of an addendum by the City.

The technical issue must be by the Platform provider (OpenGov) and affect all participating Vendors.

The City shall verify the technical issue or unavailability of the Platform with OpenGov, the system provider. Technical issues localized to a single vendor will not be considered cause for an extension.

City shall not be responsible for delays caused by any other occurrence.

2.4.2 The City’s Solicitation Posting portal site will accept a wide variety of document types, such as Word, Excel, and PDF, though not all file formats are supported. You MAY NOT submit documents that are embedded (zip files), movies, wmp and mp3 files, or password-protected files, and printing must be enabled. Such actions may cause your submittal Submittals to be deemed as "Non-responsive".

2.4.3 Your submittal package may include but is not limited to, the Proposal Submittal Form, any other required forms, and each accompanying sheet on which an entry has been made by the submitting vendor.

2.4.4 It is the Proposer’s responsibility to assure that the submittal is entered and posted online or delivered by the posted submission deadline. The delivery date and time will be scrupulously observed.

2.4.5 The City will in no way be responsible for delays in the online system to the Procurement Division caused by any other occurrences.

2.4.6 Under no circumstances will Submittals received after the due date and time specified to be considered.

Submittals received after the due date and time will be disqualified as late and will not be recorded as a responding vendor. Submittals delivered to the City will be returned to the Submitting Vendor unopened.

2.4.7 Do not return the entire solicitation package. Only the Proposal Submittal Form, any other required forms, and each accompanying sheet on which an entry has been made by the Submitting Vendor should be included in their Submittal package.

2.4.8 For Products Only: The Submitting Vendor represents that the product(s) to be furnished under this Solicitation is/are new and unused unless specifically so stated and that the quality has not deteriorated so as to impair its usefulness.

2.5 PREPARATION OF SUBMITTALS

2.5.1 The Proposer is solely responsible for reading and completely understanding the Solicitation documents and attachments (if any). Failure to do so will be at the Proposer's risk.

2.5.2 All Proposals submitted are subject to the City’s terms and conditions and any and all additional terms and conditions submitted by the Proposer are rejected and shall have no force and effect.

2.5.3 To be considered, Proposers must submit a complete response to this Solicitation, using the format provided described herein. The Proposer may furnish additional information as may be reasonably required. Proposals submitted in any other format could be disqualified.

2.5.4 Each Proposer will furnish the information required on the Proposal Submittal Form and each accompanying sheet thereof on which the Proposer makes an entry. All prices and blank spaces in the Proposal Submittal Form and accompanying sheets must be filled in legibly and correctly entered, typed, or written in ink. No erasures permitted and mistakes may be crossed out, corrections written adjacent, and must be initialed and dated in ink by the person signing the bid.

2.5.5 An officer or representative who has official authorization to sign proposals MUST sign the Submittal Form. All proposals must indicate the firm name and be signed by a responsible officer or employee.

Obligations assumed by such signatures must be fulfilled. If a proposal is submitted by an individual, the individual must sign his name therein and state his business address and the name and address of every other person interested in the proposal as principal. If a firm or partnership submits a proposal, its name and business address must be stated as well as the name and address of each member of the firm or partnership. If a corporation submits a proposal, some authorized officer or agent, subscribing the name of the corporation with his own name and affixing the corporation seal, must sign the proposal.

Moreover, the contents of the proposal of the successful bidder may become contractual obligations if a contract is entered into.

2.5.6 An unsigned proposal is not a valid offer and therefore must be signed to be considered by the City.

2.6 ELECTRONIC SIGNATURES

In accordance with Section 668.001 through 668.06, Florida Statutes, the City will accept electronically filed and signed documents in regard to the execution of contracts and contract-related documents meeting the requirements as stated in the City’s Procurement Policy.

2.7 EXCEPTIONS TAKEN TO SOLICITATION DOCUMENTS

In the event you elect to respond to this Solicitation, but must take exceptions to anything contained in the Solicitation documents, the Proposer will be required to provide, with their submittal, a written statement as to what and why the Proposer is taking exception. However, Proposers taking exceptions may be deemed non-responsive by the City depending on the nature of the exception.

2.8 WITHDRAWAL OR CORRECTION OF SUBMITTALS

2.8.1 Proposals may be corrected or withdrawn prior to the submittal deadline. If submitting “Online” the

Proposer may update their submittal. If the submittal has been delivered to the City, a written request may be made before the submittal deadline from the Proposer. The City will only consider the latest proposal submitted.

2.8.2 After the proposal submission deadline, a Proposer cannot withdraw or correct a proposal. Negligence on the part of the Proposer in preparing a proposal is not grounds for withdrawal or modification of a proposal after the proposal submittal deadline. Unless withdrawn, as provided in this subsection, a proposal shall be irrevocable and in force for ninety (90) calendar days after when the proposal submittal deadline. Proposers may not assign or otherwise transfer their proposal.

2.9 CONTACT PERSON CONCERNING THIS SOLICITATION

2.9.1 Proposers are advised that from the date of release of this Solicitation until the award of the contract, NO contact with City staff and/or designated Selection Committee members concerning this Solicitation is permitted, except as authorized by the contact person designated below.

2.9.2 Any Request for Information (i.e. questions, interpretations, comments, request for additional information, clarifications, or corrections), must be in writing via the City’s eProcurement portal, OpenGov.

2.9.3 These inquiries must be received in the Procurement Division no later than Tuesday, May 26, 2026 at 10:00 AM in order to provide adequate response time to queries and issue an addendum, if necessary.

2.9.4 This office will forward questions to the appropriate City employee. All potential Proposers are not to contact any member of the Leesburg staff or officials other than the above-specified contact person unless explicitly authorized by this office. Such communications initiated by the Proposer shall be grounds for disqualifying the offending Proposer from consideration for the award of this Solicitation and/or any future solicitations.

2.10 ADDENDUM

2.10.1 No interpretation of the meaning of the Solicitation documents, attachments (if any), or no any other related documents, or correction of any apparent ambiguity, inconsistency, or error therein, will be made to any potential Proposer verbally.

2.10.2 Only the interpretation or correction given and issued thru written addendum by the Procurement Division will be binding, and potential proposers are warned that no other source is authorized to give information concerning, or explaining or interpreting the Solicitation documents. Where there appears to be a conflict between the Solicitation and any Addendum issued, the last Addendum issued shall prevail.

2.10.3 Changes to this Solicitation, when deemed necessary by the City, will be completed only by written Addendum(s) issued prior to the proposal submittal deadline. Addendums to the Solicitation will be posted on the City’s Purchasing Department website (see the above paragraph titled “Solicitation Updates/Status”) as they are issued. It is the sole responsibility of Proposers to routinely check this website for any Addendum that may have been issued prior to the submittal deadline for receipt of proposals.

2.10.4 It is the Proposer’s sole responsibility to assure and acknowledge receipt of all Addendums. Proposers should acknowledge the receipt of all addenda as part of their proposal. In case any Proposer fails to acknowledge receipts of any such addendum in the space provided on the Proposal Submittal Form, the proposal will nevertheless be construed as though the addenda have been received and acknowledged, and the submission of the proposal will constitute acknowledgment of the receipt of addenda.

2.11 PUBLIC OPENING

2.11.1 The City will hold a public opening immediately following the posted submittal deadline. This opening will be held via Zoom. Click on the link to access the Bid Opening:

https://us02web.zoom.us/j/85704158989?pwd=rUFu9YTFiHZHplIQAPnveow4461xff.1.

Meeting ID: 857 0415 8989. Passcode: 711719.

2.11.2 The purpose of the opening is to acknowledge receipt of proposals submitted by each Proposer. At the public opening, the City will read aloud on the names of the Proposers.

2.12 SOLICITATION TABULATION

2.12.1 City staff will not give submittal results over the phone. The Solicitation Tabulation or Bidder’s Log is typically made available 48 hours after the submittal deadline. To obtain this information, see the above paragraph titled “Solicitation Updates/Status”.

2.12.2 Proposal submittals will be closed for public inspection for up to 30 days following the due date or when a recommendation for an award has been posted (whichever comes first).

2.13 DELIVERY

Time of delivery is of the essence in the performance of the contract, and failure to perform in accordance with the agreed completion deadline(s) set forth in the Solicitation and/or contract document will constitute default. Unless a written extension is obtained from the City prior to the completion deadline(s), there will be no excuse for untimely performance. The granting and duration of extensions will be subject to the exclusive discretion of the City.

2.14 RESERVED RIGHTS OF THE CITY

2.14.1 The City may, at its sole and absolute discretion, reject any and all, or parts of any (unless the Proposer qualifies his proposal by specific limitations such as “All or None”) and all proposals; postpone or cancel, at any time, this RFP process; or re-advertise this Solicitation.

2.14.2 The City reserves the right to waive any informalities, deviations, mistakes, and matters of form rather than the substance of the Solicitation documents, which can be waived or corrected without prejudice to the Proposer. No officer or agent of the City is authorized to waive this reservation.

2.14.3 Unless all proposals are rejected, an award shall be made to that Proposer whose proposal, conforming to the Solicitation, in the judgment of the City, will be most advantageous to the City, price/cost, and other factors considered.

2.14.4 The City reserves the right to investigate the qualifications of the Proposer as deemed appropriate.

2.15 TAXES

2.15.1 The City is exempt from state and local sales tax when payment is made directly by the City (Florida

Statute Ch. 212.08(6). This exemption does not include sales of tangible personal property made to Firms employed either directly or as agents by the City when such tangible personal property goes into https://us02web.zoom.us/j/85704158989?pwd=rUFu9YTFiHZHplIQAPnveow4461xff.1 or becomes a part of public works owned by the City. The City of Leesburg, Florida has the following tax-exempt certificates assigned:

Certificate of Registry No. 59-6000362 for tax-free transactions under Chapter 32, Internal Revenue Codes.

Florida Sales & Use Tax Exemption Certificate No. 85-8015934594C-5 (expires 07/31/2027).

2.15.2 As an independent entity, the Proposer, if awarded the contract, shall be responsible for payment of all federal, state, and local taxes of all types and kinds applicable to such fees incurred under this Agreement.

2.16 DEFAULT

As a result of proposals received under this Solicitation, the award of the proposal/contract may be based, in whole or in part, on the selection criteria set forth in this Solicitation. Accordingly, should the successful proposer/contractor not meet the completion deadline(s) set forth in the Solicitation and/or contract or should the successful proposer/contractor fail to perform any of the other provisions of the Solicitation and/or contract documents, the City may declare the Firm in default and terminate the whole or any part of the contract. Upon declaring the Bidder in default and terminating the contract in whole or in part, the City may procure services from another firm and the Proposer will be liable to the City for any excess costs, including but not limited to any reasonable attorney fees should any element of default be litigated in court or disputed in such a manner that requires the services of an attorney, resulting there from. Where the Proposer fails to comply with any part of the Solicitation and/or contract, except for completion deadlines, the City may, in its discretion, provide the Proposer with written notification of its intention to terminate for default unless prescribed deficiencies are corrected within a specific period of time. Such notification will not constitute a waiver of any of the City's rights and remedies hereunder.

2.17 CERTIFICATE OF INDEPENDENT PROPOSAL DETERMINATION

By submission of a Proposal, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as its own organization, that in connection with this procurement no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not submit a proposal for the purpose of restricting or limiting competition.

2.18 QUALIFICATIONS OF PROPOSERS

2.18.1 The City reserves the right, before awarding the Proposal, to require a Proposer to submit such evidence of its qualification(s) as it may deem necessary, and may consider any evidence available to it of the financial, technical, and other qualifications and abilities of a Proposer. Proposers may be required to show that they have had experience in work of the same or similar nature and that their organization has been in formal existence and engaged in similar type work for not less than five (5) years.

2.18.2 All Proposers to this Solicitation shall have demonstrated experience in successfully supplying relevant services and shall meet all criteria/requirements identified in this Solicitation.

2.19 DISQUALIFICATION OF PROPOSERS

2.19.1 Any of the following causes may be considered as sufficient for the disqualification of a Proposer and the rejection of his/her submittal:

A. Failure to sign the Proposal Submittal Form.

B. Submission of more than one proposal for the same services by an individual, firm, joint venture, partnership, or corporation under the same or different names;

C. Evidence of collusion among Proposers;

D. Previous participation in collusion on services/work for the City of Leesburg, Florida;

E. Lack of competency of Proposer. The contract will be awarded only to a Proposer rated as capable of performing the services/work. The City may declare any Proposer ineligible at any time during the process of receiving proposals or awarding the proposal where developments arise which, in the opinion of the City, adversely affect the Proposer's responsibility; however, the Proposer will be given an opportunity by the City to present additional evidence before final action is taken;

F. Lack of Proposers’ responsibility as shown by past performance;

G. Unsatisfactory Performance/Uncompleted work for which the Proposer is committed by contract which, in the judgment of the City, might hinder or prevent the prompt completion of the work under this Solicitation if awarded to such Proposer;

H. Being in arrears on any of its existing contracts with the City, or in litigation with the City, or having defaulted on a previous proposal and/or contract with the City.

2.20 REJECTION OF IRREGULAR PROPOSALS

Submittals will be considered irregular and may be rejected if they show omissions, alteration of form, additions not called for, conditions, limitations, unauthorized alternate proposals or other irregularities of any kind. The City reserves the right to waive any informalities or irregularities of proposals, or to reject any or all proposals.

2.21 AWARD OF PROPOSAL

2.21.1 The Proposal, if awarded, will be awarded to that responsible Proposer whose Proposal will be most advantageous to the City.

2.21.2 The tentative award recommendation posting date is in the Tentative Calendar of Events paragraph in the General Information for Proposer Section and on the Submittal Tabulation. However, this date is subject to change.

2.21.3 It will be the responsibility of the Proposer to visit the City’s solicitation posting website (see above paragraph titled “Solicitation Updates/Status” for award recommendation and award approval documents and updates.

2.21.4 If an aggrieved Proposer has any questions or concerns regarding the City's evaluation and Award Recommendation, they must submit their questions or concerns in writing to the Procurement Manager by 4:30 p.m. of the business day prior to the City Commission meeting. Questions or concerns not submitted to the Purchasing Manager first may not be considered at the Commission meeting.

2.22 DRUG-FREE WORKPLACE PROGRAM PREFERENCE

2.22.1 In accordance with Section 287.087, Florida Statutes, “Whenever two or more bids, proposals, or replies that 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, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.”.

2.22.2 Established procedures for processing tie bids will be followed if none of the tied vendors has a drug-free workplace program.

2.22.3 In order to have a drug-free workplace program, a business shall comply with the requirements as established in the statute. If your business complies with these requirements and would like to be given preference, in case of a tie, then the vendor(s) will be asked to complete a "Drug-Free Workplace Program Certification Form." The bidder is not required to complete the form at this time.

2.23 PUBLIC ENTITY CRIME STATEMENT

In accordance with paragraph (2)(a) of Section 287.133, Florida Statutes, " 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.."

2.24 PUBLIC RECORDS – SOLICITATION SUBMITTAL INFORMATION AND DOCUMENTS

Florida law (Florida Statute 119, the Public Records Law) requires that municipal records shall at all times be open for personal inspection by any person. Information and materials received by City in connection with a solicitation response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 30 days after bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Submitter believes any of the information contained in their response is exempt from the Public Records Law, then the Submitter, must in their response, specifically identify the material, which is deemed to https://www.flsenate.gov/Laws/Statutes/2018/287.017 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html be exempt and cite the legal authority for the exemption. The City's determination of whether an exemption applies shall be final, and the Submitter agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records.

2.25 PUBLIC MEETING AND NOTICES

In accordance with Florida Statute 286.011, all meetings, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action will be considered binding except as taken or made at such meeting. Reasonable notice of the meeting is provided in the Tentative Calendar of Events paragraph in the General Information for Proposer Section.

2.26 OBSERVE ABOVE INSTRUCTIONS

Failure to observe any of the above instructions and conditions may constitute grounds for rejection of your proposal.

2.27 PRIORITY OF SPECIFICATIONS

In the event of conflicts or inconsistencies in the proposal documents, priority will be given to the requirements in the Technical Specifications then the Proposal Instructions, Terms, and Conditions.

2.28 TIME EXTENSION OF PROPOSAL

In addition, the Board of City Commissioners, Leesburg, Florida, reserves the option to extend the time period of the proposal, including all terms and conditions of the Solicitation documents. Such time extension will be by mutual agreement in writing.

3 ADDITIONAL INSTRUCTIONS

3.1 DEFINITIONS

Whenever used in these bidding documents, Contract, or in any documents or instruments pertaining to the activity where these specifications govern the following terms are used, the intent and meaning will be interpreted as follows:

Bid Bond A “Bid Bond” is a form of bid security executed by the Bidder as principal and by a surety to guarantee that the Bidder will enter into a contract within the specified time and furnish any required Performance and Payment Bond(s).

Equipment All machinery together with the necessary supplies for upkeep and maintenance and all tools and apparatus necessary for the proper construction and acceptable completion of the work.

Owner The project is owned by the City of Leesburg, Florida with whom the Contract will be made. Where the word "Owner" appears in these specifications, it refers to the authorized representative of the City. Bids and all subsequent communications between the Owner and the Contractor will be delivered to the City.

Performance and Payment Bond A “Performance and Payment Bond” is a bond executed by the Contractor/Vendor and by a surety to guarantee that the Contractor/Vendor will perform, in good faith, the work in full conformity with the terms of the Contract Documents and will promptly pay all persons supplying labor or materials for the work.

Plans The drawings, if any, or reproductions thereof, prepared by the Engineer, which show the locations, character, dimensions, and details of the work to be done. All working drawings submitted by the Contractor and approved by the Engineer become part of the Plans.

Subcontractor Any individual, partnership, or corporation supplying labor, or materials, for work under a subcontract to the Contractor, or the site of the project.

Subcontracting The Contractor may subcontract those portions of the work which are specialized in character and which, under contracting practices, are performed by specialty subcontractors. The Contractor will obtain written approval from the Owner for any and all subcontractors and that portion of the work that they will subcontract. The Contractor will be fully responsible to the Owner for the acts and omissions of his subcontractors and there will be no contractual relation between any subcontractor and the Owner.

Supplemental Agreement A written proposal and acceptance executed by the Owner and the Contractor, with the consent of the Contractor's Surety, covering the performance of work not included in the original Contract which is necessary to the proper completion of the project, or covering changes, additions or reductions in the work or in the materials or methods to be used of a magnitude greater than may properly be covered by a Change Order.

Surety “Surety” is an organization which, for a consideration, promises in writing to make good the debt or default of the Contractor/Vendor.

Work All work including the furnishing of materials, tools, equipment, incidentals, etc., to be performed by the Contractor under the terms of the Contract, Plans, and Specifications.

3.2 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

The Bidder is required to examine carefully the site of the work and the plans and other bid documents for the work contemplated, and it will be assumed that the Bidder has investigated and is fully informed of the conditions and obstructions to be encountered, of the character, quality, and quantities of work to be performed and materials to be furnished and of the requirements of the plans and other contract documents. The Bidder must inform himself fully of the conditions under which the work is to be performed in relation to both construction and labor conditions; failure to do so will not relieve a Successful Bidder of his obligations to furnish all materials, equipment, and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work for the consideration set forth in his Bid

3.3 BID GUARANTEE

Each bid must be accompanied by a Bid Guaranty in the form of a cashier's check made payable to the CITY OF LEESBURG, FLORIDA, or a bid bond, duly executed by the Bidder as Principal and having as surety thereon a surety company satisfactory to the Owner. The surety company issuing the bond must be acceptable to the City as specified in this document. The guarantee so furnished will be in the amount not less than five percent (5%) of the amount of the total bid price. Failure of the Bidder to submit a valid Bid Guaranty is not a minor technicality that the City waives and as such if the Bidder fails to submit a valid Bid Guarantee with the Proposal Bid Form the City will reject the bid.

3.4 GUARANTY OF FAITHFUL PERFORMANCE AND PAYMENT

A performance and payment bond satisfactory to the Owner, on the form attached to the contract portion of this document, in an amount not less than one hundred (100) percent of the total bid amount will be required of the successful Bidder to guarantee that he will deliver a completed project under his contract in strict accordance with the Contract Documents. The surety company issuing the bond must be acceptable to the City as specified in this document. It guarantees the Bidder will pay promptly all persons supplying him with labor or materials for the work. It further guarantees he will repair or replace for a period of two (2) years after first acceptance by the City all work performed or furnished according to the terms of the Contract, and make good any such defects, thereof, which have become apparent before the expiration of said period of two (2) years. The Successful Bidder will deliver the completed bond to the Owner with the executed Contract as required with the name and telephone number of the agent for Surety Company. It is further required that time on the bond must not expire until final acceptance by the City of Leesburg, after the two-year maintenance period.

3.5 POWER OF ATTORNEY

Attorneys-in-fact, who signs bid bonds or performance and payment bonds (if required), must file with such bonds, a certified copy of their authority to sign such bonds.

Attorneys-in-fact, must place name, address, and telephone number on this certification.

3.6 SURETY COMPANIES ACCEPTABLE TO CITY OF LEESBURG

To be accepted to the City of Leesburg as Surety for Bid, Payment, Performance, and Materials and

Workmanship Bonds, a Surety shall comply with the following provisions:

A. The surety must be registered and licensed to do business within the State of Florida.

B. The Surety shall have been in business and have a record of successful continuous operations for at least five (5) years.

C. The Surety must be licensed to do business in the State of Florida, must be included on the United States Department of the Treasury’s Listing of Approved Sureties, and must have at least an “A-” rating in accordance with the most current A.M. Best Company financial strength ratings.

D. Reinsurance:

Any risk or portion of any risk, which shall have been reinsured (in which case these minimum requirements contained herein only apply to the reinsuring carrier), in assuming the insurer authorized or approved by the Insurance Commissioner to do such business in the State shall be deducted in determining the limitation of risk prescribed in this section.

E. In the case of a Surety insurance company, there shall be deducted in addition to the deduction for reinsurance, the amount assumed by any co-surety; the value of any security deposited, pledged or held subject to the consent of the Surety and for the protection of the Surety.

F. No compensation shall be made for providing Bonds as prescribed in this section.

3.7 EXECUTION OF CONTRACT

The Bidder, to whom the contract is awarded, will within ten (10) days after the date of the award execute and deliver to the Purchasing Division the contract, the performance and payment bond, satisfactory to the City of the authority of the person or persons executing the contract and the Certificate of Insurance. The above documents must be furnished, executed, and delivered before the City will execute the contract. The contract will not be binding upon the City until the City has executed it and a copy of the fully executed contract is delivered to the Contractor.

3.8 FAILURE TO EXECUTE CONTRACT - BID GUARANTY FORFEITED

Failure upon the part of the Bidder to whom the contract has been awarded to execute and deliver the contract and the performance and a payment bond (if required) and to furnish the evidence required above herein within ten (10) days after the date of the award, will be just cause for the annulment of the award and the forfeiture of the bid guaranty to the Owner, which forfeiture will be considered not as a penalty, but in liquidation of damages sustained. An award may then be made to the next lowest responsible Bidder, or all bids may be rejected and the contract again is advertised.

3.9 NOTICE AND SERVICE THEREOF

All notices given by the Procurement Manager, or the assigned representative, under the provisions of this contract will be in writing, and service of the same may be in either of the following manners:

A. By delivery of such Notice to the Contract or any officer of the Contractor if said Contractor is a corporation or to any agent or superintendent of the Contractor.

B. By mailing such notice by registered mail to the address of the Contract shown on the Contractor's bid.

3.10 TIME OF CONTRACT

The time given to complete this project is within/by 270 calendar days from receipt of the Notice to

Proceed. Failures upon the part of the Bidder to whom the contract has been awarded to complete the contract within/by 90 calendar days after receiving the notice to proceed will be assessed liquidation damages in the amount of $1,685 per day.

No forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the contractor (including but not restricted to Acts of God or the public enemy, acts of the government, acts of the City, or acts or another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes or delays caused by the failure of the City or the owner of a utility to provide for removal or relocation of existing utility facilities). Any such delays shall not entitle the Contractor to any additional compensation. The sole remedy of the contractor shall be an extension of time obtained in accordance with this section.

The Contractor shall, within five (5) days from the beginning of any such delay, submit to the City a Contract Change Order Request Form explaining the cause of delay, whereupon the City shall ascertain the facts and extent of the delay and extend the time for completing the work if, in his judgment, the findings of fact justify such an extension, and his findings of facts thereon shall be final and conclusive.

3.11 PAYMENTS

Upon receipt of an invoice from the Contractor and certification by the City’s Public Works representative of the work done thus far, the City will pay the Contractor ninety percent (95%) of the invoiced amount. Such payment will be considered only as a partial payment and not as part of the final payment to the contractor. The final payment and any part of the retained percentage will not become due and payable until the Contractor has furnished the City with satisfactory evidence that all labor, materials, outstanding claims and indebtedness of whatsoever nature arising out of the performance of the contract has been paid. Such final payment, however, will not serve as a release of the Contractor of his sureties from the required guarantee against defects in contract performance for not less than two (2) years from the date of acceptance of the work by the City. Upon expiration of the guarantee period and following a satisfactory re-inspection of the project, the City will in writing release the Contractor, his sureties, and all parties from all obligations.

3.12 PERMITS

Unless otherwise provided in the Bid Documents, the Contractor will secure a building permit (City permit fees will be paid by the City), any other required permits, licenses, and inspections necessary for the proper execution and completion of the work which is customarily secured prior to commencing work. The contractor will be responsible for payment of all rejection fees resulting from failed inspections.

3.13 OWNER DIRECT PURCHASES

The City reserves the right to issue direct purchase orders for any or all materials and equipment as bid by the successful Bidder in accordance with the Florida Department of Revenue, Rule 12A-1.094.

The Contractor will cooperate fully with the City, providing information for the preparation of purchase orders, monitoring deliveries, and approving invoices.

The procedures below shall be used by the Contractor for ordering, receiving, and paying for materials.

A. Bid Sales tax shall be included in the bid for all equipment, materials, and supplies.

B. Ordering The City, in order to exercise its right to be exempt from sales tax on equipment, materials, and supplies, may elect to purchase certain of these items directly from vendors selected by the

Contractor. The use of the City’s Tax Exemption shall be used expressly for the purchase of City project materials; use for non-related projects is prohibited.

The Contractor shall complete a City of Leesburg Requisition to each vendor, as necessary. The requisition shall include the following information: name, address, and phone number of the vendor selected by the Contractor; description of the materials, quantity, price, delivery, and any other information as required by the City.

The City will issue a Purchase Order, “Certificate of Entitlement” (as required by the Fl Dept of Revenue, Rule 12A-1.094), and a copy of the City’s Florida Consumer’s Certificate of Exemption to the material supplier following…