REQUEST FOR PROPOSAL AND CONTRACTOR ACKNOWLEDGEMENT FORM

REQUEST FOR PROPOSAL AND CONTRACTOR

ACKNOWLEDGEMENT FORM

POSTING DATE: September 22, 2026 PURCHASING CONTACT & EMAIL:

Susan Perry, Purchasing Coordinator sperry@debary.org

RFP NUMBER AND TITLE:

38-26 - Splashpad Renovation and Improvement

RFP DUE DATE & TIME:

October 26, 2026 at 2:00 PM EST

NOTE: RESPONSES RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED

QUESTION DEADLINE: October 7, 2026 at 2:00 PM EST The City will respond to written inquiries emailed to: sperry@debary.org

MANDATORY PRE-PROPOSAL MEETING DATE & TIME:

September 30, 2026 at 2:00 PM EST

LOCATION: 16 Colomba Rd., DeBary, Florida 32713- City Council Chambers

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR RESPONSE.

YOUR RESPONSE WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED

AGENT OF THE PROVIDER.

COMPANY NAME: __________________________________________________________________________

MAILING ADDRESS: ________________________________________________________________________

CITY, STATE, ZIP: __________________________________________________________________________

FEDERAL EMPLOYERS IDENTIFICATION NUMBER (FEIN): ________________________________________

TELEPHONE NUMBER: ___________________________

EMAIL: ______________________________________________________________________________

AUTHORIZED SIGNATURE: TYPE OR PRINTED NAME:

TITLE: _______________________________ DATE: _____________________

NOTICE: Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes will constitute a waiver of proceedings under Chapter 120, Florida Statutes.

mailto:sperry@debary.org

OVERVIEW AND INTENT

1. Overview

This RFP intends to solicit sealed proposals from qualified Contractor(s) to provide Splashpad Renovation and Improvements in accordance with the construction plans and specifications.

The Contract Bid Documents include Base Bid project specifications. The City will award the Contract to the Lowest Responsive and Responsible Bidder of the Base Bid.

2. RFP Schedule: The following is a tentative schedule for the RFP process and all dates are subject to change.

Solicitation Posting September 22, 2026 Mandatory Pre-Proposal Meeting September 30, 2026 Request for Information Cut-off October 7, 2026 Addendum October 8, 2026 Proposals Due October 26, 2026 Proposal Evaluation October 27, 2026 City Council Approval Date November 18, 2026 Tentative Construction Start Date November 19 , 2026 Estimated Project Completion Date February 26 , 2027

3. THE FOLLOWING DOCUMENTS ARE TO BE SUBMITTED WITH THE CONTRACTOR’S BID:

☐ Request for Proposal and Contractor Acknowledgement – page #1 and IRS Form W-9

☐ Exhibit A - Drug-free Workplace Certification

☐ Exhibit B - Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions

☐ Exhibit C - Byrd Anti-Lobbying Amendment Certification

☐ Exhibit D - Contractor Statutory Compliance Affidavit

☐ Exhibit E - List of Major Subcontractors

☐ Exhibit F - Evidence of Experience and Financial Status

☐ Exhibit G - Conflict of Interest Disclosure Form

☐ Exhibit H - Officers and Significant Stakeholder

☐ Exhibit I - Bid Price Sheet

☐ Certificate of Insurance

☐ If a Florida Corporation, a screenshot of “ACTIVE” status through www.sunbiz.org

☐ If a Non-Florida Corporation, a screenshot of “ACTIVE” status from the state in which the business was formed

☐ All Addenda http://www.sunbiz.org/

SCOPE OF WORK OR SERVICES

These documents intend to cover the process of construction and improvements to the existing features at locations shown on the plans.

Work included in the bid items is shown on the Bid Price Sheet and on the plans. No direct payment will be made for any other work necessary to complete the planned work, but the cost thereof shall be included in the unit prices bid for pay items. All costs to perform the work called for are included in the unit prices and the total bid amount in the Proposal submitted by the Contractor.

Any commission or omission shown or implied shall not be cause for deviating from the intent of the Contract Documents. If any modifications of the Contract Documents are deemed necessary by the Contractor, details of such modifications and the reasons therefore shall be submitted in writing to the Engineer for written approval prior to beginning such modified work.

Response to this Request for Proposal, RFP 38-26 is confirmation of the Contractor’s ability and the resources necessary to estimate all plan quantities and to construct a fully functional complete project that is ready for use in accordance with the data and specifications contained therein.

Prior to the Award of the Contract, the Contractor shall meet with the City of DeBary to review the Bid Submission. For the meeting, the Contractor will be required to provide confirmation that the Contractor’s quantity calculations accurately reflect the scope of the project and that the Contractor’s pricing is sufficient to Construct the project as specified in the Request for Proposal Documents.

Prior to the start of Construction, the Contractor shall request the City of DeBary to issue a Notice Proceed.

Prior to issuance of Notice to Proceed, the Contractor shall submit to the City of DeBary for approval an estimated schedule of progress payments based on the Contractor’s construction schedule for completion of the Work for each lump sum Payment Item.

The scope of Work included in RFP 38-26 is outlined as follows;

Posted Attachments

38-26 STAMPED PLAN SET 9-16-26

38-26 COMPILED SPECIFICATIONS

38-26 FIXTURE SPECIFICATIONS

38-26 PUMP SPECIFICATIONS

The Contractor shall provide all labor, materials, equipment and incidental services necessary to complete the following work in accordance with the plans, specifications, and requirements identified in the RFP. The contractor shall test all installed systems and equipment to verify proper operation.

1. Splash-Pad Water Fixtures: Remove and replace existing Splash-Pad fixtures with new fixtures furnished by the City. Actuator button to be removed and replaced with new actuator button associated with the pump system. Actuator bollard shall be removed and re-installed (protect & save). The City will provide the Contractor with the vendor’s contact information for coordination of delivery and installation requirements. Where concrete is to be removed, replace concrete in accordance with fixture manufacturer specifications.

2. Outdoor Shower Replacement: Remove existing outdoor shower fixture and install new outdoor shower furnished by the City, including all necessary components, connections, and materials required for a complete and operational installation.

3. Pump System & Feature Activation Module Replacement: Remove existing system and furnish & install new pump system with associated filters, controllers, and activation modules as specified in the Posted Attachments. Collector tank will remain; all internal components shall be removed and replaced. The feature activation system shall be configured for an “All ON/All Off” operation. Individual features shall not be programmed for activation/de-activation at different times. Contractor shall provide all necessary associated materials for a complete and operational installation.

The Contractor will contact Vak Pak, Inc. for the Pump System & Feature Activation Module

Tom Karst, Vice President Phone: (904)626-0616 Email: tommy@vakpak.com

4. Splash Pad Surface Preparation: Remove existing paint/coating from the Splash Pad surface by means of grinding, sanding, sand or media blasting, or other approved mechanical surface preparation method. Any surface preparation must have means to collect debris, dust, & excess material. Replace any existing joint filler and repair any surface cracks as applicable.

5. Splash Pad Resurfacing: Resurfacing shall include decorative non-slip painting and design elements generally in accordance with the conceptual plan and as approved by owner.

Coordinate with owner for paint specifications. Painting shall include all necessary surface preparation, primers/coatings, and application per the manufacturer specifications and as required to achieve a complete, durable, non-slip and uniform finish.

6. Bench Replacement: Remove and replace six (6) existing benches with new benches furnished by the City. Installation per manufacturer specs.

Contract Bonds – Mobilization – Item 1 The cost of the Payment Bond and Performance Bond shall be included in the Total Bid Amount.

Compensation to the Contractor for providing the required Payment and Performance Bonds shall be included in Item # 1, Mobilization.

The forms will be issued to the awarded Contractor. NO OTHER FORMS WILL BE ACCEPTED.

Construction Procedure The Contractor shall at all times conduct the work in such manner and in such sequence as will insure the least practicable interference with traffic. The Contractor's vehicles and other equipment shall be operated in such manner that they will not be a hazard or hindrance to the traveling public. The Contractor shall not open up work to the prejudice of work already started, and the Engineer may require the Contractor to finish a section on which work is in progress before work is started on any additional section.

The Contractor shall arrange the work and dispose of materials in accordance with the spirit of the Contract Documents and perform the work in proper sequence.

The Contractor is responsible for maintaining proper drainage during construction.

Contract Assignment The successful Bidder will be required to perform the work as a prime contractor. No assignment of the contract will be allowed.

Layout of Work and Surveys The Engineer will furnish the Contractor with all necessary information relating to lines, grades and locations of the work. The Contractor shall furnish all stakes and necessary labor and shall be responsible for the layout of the work and the establishing of all lines and grades. All layout work may be checked and tel:(904)%20626-0616 mailto:tommy@vakpak.com verified by the Engineer; and the Contractor shall furnish all such necessary materials, equipment, labor and assistance as the Engineer may require. The Contractor is responsible for the safeguarding of survey references and any offset thereto which he might require in the process of his work. The damage, moving or loss of references caused by carelessness of the Contractor will be replaced at the Contractor's expense.

Escalation and/or Adjustment No claim for escalation or adjustment for any price or rate increases will be considered.

One-Year Correction Period The Contractor shall at his expense maintain his Contract Bond in effect through the guaranty period and such additional time as the Contractor may be performing work pursuant to his obligations under the guaranty.

Specifications

A. IN GENERAL: Where the word "Department" and "Director" occurs substitute the word "City";

delete all references to "Secretary"; delete all references to "Holiday" and "Working Days"; delete all references to "Value Engineering Incentive".

All references to "Engineer" shall mean the City of DeBary‘s Consulting Engineer.

B. Method of Payment/Basis of Payment; The units of measurement and the contract unit prices are those indicated in the Bid Schedule portion of the proposal form. Such prices and payments shall be full compensation for performing all work necessary to complete the entire project.

Time of Completion The time of completion for this project is the date set forth in the Notice-to-Proceed. The date for such Notice-to-Proceed shall be mutually agreed to by the Contractor and City and specifically established for each location the Contractor is directed to work.

No time extensions will be given for inclement weather unless the Contractor can show that rainfall experienced during the contract times is above normal for the same months in previous years as determined by reliable measurement and confirmed by the Engineer's measurements at the site. The number of days of time extension granted shall be at the sole discretion of the Engineer.

Liquidated Damages The amount of liquidated damages shall be five hundred dollars ($500.00) per Calendar Day that any work remains uncompleted after the contractual Completion Date.

Liquidated damages in an amount determined in accordance with the above will be deducted from monies due the Contractor. In the event that no monies are due the Contractor or that the monies due are insufficient, his surety will be held liable for the difference between the amount of the liquidated damages and monies due the Contractor.

Utility Coordination It shall be the Contractor's responsibility to notify all utility owners prior to any excavation or grading under this contract, giving sufficient notice to enable the utility owners to locate their utilities in the vicinity of the proposed excavation or grading. It shall be the sole responsibility of the Contractor to perform his work in such manner to protect the utilities from damage. The Contractor shall use all possible care in excavating on this project so as not to disturb any existing utilities whether shown on the plans or not shown on the plans. Locations of existing utilities are approximate only and may not be complete. Contractor shall contact all Utility Companies, which may have facilities in the construction area prior to commencing any operations relative to this project. Any utilities disturbed or damaged by the Contractor through accident or carelessness during his construction shall be replaced by the Contractor at no extra cost to the Owner.

Endangered, Threatened or Listed Species The Contractor is obligated to assure that its employees and agents notify the City immediately upon encountering any endangered, threatened, or listed species such as the gopher tortoise, scrub jay, or indigo snake. No such protected species or its nesting area shall be disturbed without compliance with the procedures of the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. The Contractor shall hold the City harmless from any claims, damages, attorney’s fees, litigation expenses, costs and fines for the actions of the contractor, its employees or agents in violation of applicable procedures.

Pre-Construction Meeting Prior to the beginning of work, a Pre-Construction Meeting will be held between the Contractor and Engineer to review contract forms, schedules, testing; and other pertinent data related to the job. The meeting date and time will be mutually agreed upon, but shall, no case, be later than seven (7) calendar days after execution of the contract by all parties thereto. The Contractor shall present the Engineer with a schedule, showing anticipated monthly payments from date of Notice-to-Proceed to Final Completion, at the Pre-Construction Meeting. The date of Notice-to-Proceed with the work will be determined and agreed to at this meeting.

Storage of Equipment and Materials The Contractor shall confirm approval of the City for storage areas of construction equipment and materials on City rights of way or private property. No payment will be made for stored materials.

Barricades, Warnings, and Detour Signs

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient warning lights, danger signals and signs provide a sufficient number of watchmen to direct the traffic, and take all necessary precautions for the protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs and lights.

The Contractor shall erect and maintain acceptable warning and directional signs at all closures (partial or whole), intersections and along the detour routes, directing the traffic around the closed portion or portions of the highway, so that any temporary detour route or routes shall be indicated clearly throughout its or their entire length. All barricades and obstructions shall be illuminated at night and all lights shall be kept burning from sunset until sunrise. All warning and directional signs shall be furnished by the Contractor unless otherwise stipulated.

Maintenance of Traffic and Lane Closure Requirements

The Contractor shall coordinate all construction that may impede traffic with appropriate City representatives and emergency services.

During daylight hours, paved roadways may be occupied by the Contractor’s operations however local residents, emergency vehicles, mail delivery, waste removal, and school buses must have continuous access through the work zone at all times. Payment for Maintenance of Traffic will be made under the Pay Item # 4.

GENERAL TERMS AND CONDITIONS

1. Definitions The City of DeBary, Florida may be referred to as “The City of DeBary”, or “The City”, herein.

The term “Contractor” shall refer to the company, individual, or organization that responds to this Request for Proposal (RFP) and/or is awarded.

2. Cancellation: The City of DeBary reserves the right to cancel this Invitation to RFP, in whole or in part, when it is in the City of DeBary’s best interest. Notice of cancellation will be posted on the City's webpage, VendorLink and DemandStar.

3. RFP Submission: RFP submittals are due at the date and time indicated on the Contractor Acknowledgement Form or as amended in the form of an addendum issued by the Purchasing Department.

The City will receive proposals at the following address:

Susan Perry, Purchasing Coordinator City of DeBary

16 Colomba Rd.

DeBary, Florida 32713

THE CITY MUST RECEIVE ALL PROPOSALS ON or BEFORE October 26, 2026 at 2:00 PM (EST)

NOTE: RESPONSES RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE ACCEPTED

To facilitate processing, please mark the outside of the envelope in the lower left hand corner as follows:

“38-26 - Splashpad Renovation and Improvement”. An address label has been provided.

The envelope shall also include the Respondent’s return address in the upper left hand corner.

Respondents shall submit all items listed in # 3 on page 2 of this RFP in a sealed, opaque envelope or box.

The respondent may submit the proposals by mail, parcel delivery service, or in person.

Neither the City nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to the RFP. Respondents should prepare their submittals simply and economically, providing a straightforward and concise description of the respondent’s ability to meet the requirements of the RFP.

Please note that Sections 119.071(1)(b), (c) and 815.045 of the Florida Statutes address in part the issue of the public nature of sealed bids, qualifications or proposals as well as the confidential nature of certain trade secrets. The RFP, qualifications or proposal submitted by your company may contain areas, which are designated "confidential" or "exempt from disclosure." A generic notation that information is "confidential" shall not suffice. Failure to provide a detailed explanation and justification including statutory cites and specific reference to your submittal(s) detailing what provisions, if any, you believe are exempt from disclosure, may result in your submittal(s) being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

Due to the irregularity of mail and delivery services, the City cautions respondents to assure actual delivery of proposals to the Purchasing Coordinator prior to the deadline set for receiving submissions.

Telephone confirmation of timely receipt of the proposal may be made by calling (386) 601-0229 at least four (4) hours prior to opening time for proposals. Proposals received after the established deadline shall not be opened or considered and, provided that the respondent has provided a valid and legible return address as instructed herein, shall be returned in their unopened state to the respondent.

Respondents may withdraw their submissions by notifying the City via email to Susan Perry at sperry@debary.org at any time prior to the opening. Respondents may withdraw their submissions in person or by an authorized representative. Respondents and authorized representatives must provide the letter of withdrawal, picture identification, proof of authorization (in the case of authorized representatives), and provide the City with a signed receipt for the qualification package. Proposals, once opened become the property of the City and will not be returned to the respondent.

All solicitations and supporting documents will be posted on the City's webpage, VendorLink and DemandStar. It is the sole responsibility of interested parties to monitor the City's webpage, VendorLink and DemandStar for solicitation opportunities and updates.

4. Execution of RFP Submittal: Each RFP submittal must include the signature of an officer or employee having authority to bind the Contractor in the space(s) provided. Only the terms and conditions of this RFP, as released by the City of DeBary or amended via addendum, are valid. Any modification to any term or condition by the Contractor is not binding unless it is expressly agreed to in writing by the City of DeBary.

5. Subcontractors: The Bidder shall submit with its bid a list of the names and addresses of its major subcontractors together with the services they will supply. These subcontractors will be subject to review as to their competency by the City prior to award of Contract and shall be one of the considerations in determining the lowest responsible Bidder as defined hereinafter. After award of Contract, no change in subcontractors shall be made unless approved by the City after a request for such a change has been submitted in writing by the Contractor who shall include the reasons for such request. The Bidder should submit with its Proposal evidence of its experience and financial status.

The evidence should include a list of projects similar in character, size and value which it has satisfactorily completed and which are now in satisfactory operation and showing the location, the Owner’s name and address, the money value of the work and a brief description of each project.

6. Basis for Bidding: The price bid for each item shall be on a lump sum or unit price basis according to the Bid Price Sheet.

7. Interpretation of Quantities: In the case of unit price items, the quantities of work to be done and materials to be furnished under this RFP, given in the Bid Price Sheet are to be considered as approximate only and are to be used solely for the comparison of Bids received. The City and/or its representatives do not or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Bidder plead misunderstanding or deception because of such estimate or quantities or of the character, location or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or material furnished in accordance with the Drawings and other Contract Documents, and it is understood that the quantities may be increased or diminished without in any way invalidating any of the unit or lump sum prices bid.

8. Price Bid: The total price bid for the work shall be the sum of the lump sum prices bid and/or unit prices multiplied by the appropriate estimated quantities for the individual items and shall be stated in figures in the appropriate place on the Bid Price Sheet. In the event that there is a discrepancy on the Bid Price Sheet, due to unit price extensions or additions, the corrected extensions and additions shall be used to determine the project bid amount.

9. Obligation of Bidder to Inform Itself as to All Conditions Relating to Project: Before submitting a Bid, each Bidder must: (a) examine the RFP Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect the cost, progress or performance of the Work including, but not limited to, weather and climatologic data relating to the area; (c) familiarize himself with federal, state and local laws, ordinance, rules, regulations and policies that may in any manner affect cost, progress or performance of the Work; (d) study and carefully correlate Bidder's observations with the RFP documents; (e) make written requests for interpretations promptly after discovering any conflicts, errors, ambiguities or inconsistencies; and (f) contact all utilities and others who may be working at the Project site, prior to submitting a Bid in order to determine the extent to which utility installations, utility relocations or adjustments (temporary and permanent) will impact the responsibility to schedule, coordinate and sequence the Work with the work of the City, utility work, and the work of others at the project site.

9.1. The Bidder, by and through the submission of its bid, agrees that it shall be held responsible for having theretofore examined the site, the location of all proposed work and for having satisfied itself from its own personal knowledge and experience or professional advice as to the character, and location of the site, the nature of the ground, surface and subsurface, the water elevations, location of buried utilities and any other conditions surrounding and affecting the work, any obstructions, the nature of any existing construction, and all other physical characteristics of the job, in order that it may include in the prices which it bids all costs pertaining to the work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which may be encountered in doing the proposed work.

9.2. Any records of contours, obstructions and other subsurface investigations shown on the

Drawings or included hereinafter, were made solely for design purposes for the work; and the City and its Engineer do not warrant, guarantee or represent that said data is correct with respect to actual subsurface conditions; therefore, the Bidder, by and through the submission of its bid affirms that it has made, or has caused to be made, its own test holes and/or other investigations of such subsurface conditions, and/or that it has otherwise satisfied itself with respect to such conditions; and, should the Bidder be awarded the Contract, it agrees that it will make no claims against the City, or its consultants if, in carrying out the work, it finds that the actual conditions do not conform to those indicated.

9.3. The Bidder, in preparing its bid, shall take into consideration that work by other contractors may be in progress at or near the site during the performance of the work to which the bid relates and that it will be expected, should it be awarded a Contract, to avoid interference with work done by such other contractors and to coordinate its work with other contractors at the site.

9.4. The submission of the Bid shall be an indication that the Bidder has considered normal local weather conditions (daily and monthly variations) for the previous ten years from the date of the Bid as compiled by the National Weather Service and measured at Orlando International Airport.

Bidder should consider and include the impact of weather conditions, including the possibility of hurricanes and tropical storms and related adverse weather conditions common to Central Florida, on construction scheduling and sequencing when preparing the Bid. No claim shall be allowed based upon the schedule impact of normal local weather conditions.

9.5. Errors or Omissions in Plans or Specifications - The Bidder shall take no advantage of any apparent error or omission which they may discover in the plans or specifications but shall at once notify the City of such discovery, who will then make such corrections and interpretations as may deem necessary for reflecting the actual spirit and intent of the plans and specifications.

10. Interpretation of RFP Documents: No interpretation of the meaning of this RFP document or correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. All requests for an interpretation or clarification of this RFP, and any subsequent addenda, or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the City of DeBary Purchasing Department Representative. Inquiries must reference the date of RFP opening, RFP title, and RFP number. Interpretation of the RFP, clarification of RFP specifications, and changes to the RFP shall be communicated by written addenda only. Only the written interpretation or correction given by the Purchasing Department Representative shall be binding. Verbal responses shall be considered inadmissible in RFP protest proceedings. Contractors are advised that no other source is authorized to interpret, explain, clarify or give information regarding the RFP documents. Written addenda shall be signed by the Contractor and returned with the RFP submission. Failure to return such addenda may constitute cause for rejection of a RFP submittal.

11. Award of Contract: The City reserves the right to reject any or all bids, or any part of any bid, to waive any informality in any bid, or to re-advertise for all or part of the work contemplated. The City reserves the right, prior to award of Contract, to delete from the scope of the project any item or any combination of items the aggregate bid prices for which do not exceed 25 percent of the total bid price for the project. If bids are found to be acceptable by the City, a Notice of Intent (NOI) will be posted listing the lowest responsible Bidder the intent to award the Contract.

11.1. If a Bidder to whom a Contract is awarded forfeits its bid security and the award of the contract is annulled, the City may then award the Contract to the next lowest responsible Bidder or the work may be re-advertised or may be constructed by day labor as the City decides.

11.2. The Contract will be awarded to the lowest responsible and responsive Bidder of the Base Bid complying with the applicable conditions of the Documents. In determining the lowest responsible and responsive bidder, in addition to price, the City shall have the discretionary power to render decisions on and accept or reject bids or proposals on the basis of:

11.2.1. The ability, capacity, skill and sufficiency of resources of the Bidder to perform the contract and provide the requested materials or service.

11.2.2. The Bidder’s ability to perform the contract within the time specified.

11.2.3. The character, integrity, reputation, judgment, experience and efficiency of the Bidder.

11.2.4. The quality of performance and conduct of the Bidder on previous contracts with the City or any other reference or party that the Bidder has performed work or services.

11.2.5. The previous and existing compliance by the Bidder with laws and ordinances relating to the contract.

11.2.6. The quality, availability and adaptability of the supplies, or professional or contractual services to the particular use required.

11.2.7. The ability of the Bidder to provide future maintenance and service on the matter procured and the financial impact upon the City to receive future maintenance and services.

11.2.8. The Bidder’s pecuniary ability and financial stability.

11.2.9. The ability to meet the City’s stated requirements for bonding and insurance in order to fully protect the interests of the City.

11.2.10. Whether the Bidder is in arrears to the city on a debt, is a defaulter on any bond or to any surety, and whether the Bidder’s taxes or assessments are delinquent.

11.2.11. The proximity of Bidder’s labor force, equipment and business operation in relation to the

City.

11.2.12. Proportional amount of the work or services Bidder intends to perform with its own organization as compared with the portion it intends to subcontract and the qualifications of subcontractors whom the Bidder proposes to use.

11.3. In addition, each Bidder shall produce satisfactory evidence that it and all subcontractors it proposes to use hold valid state, county and local licenses or certificates of competency covering all operations and all areas of political jurisdiction involved in the work of this Contract.

11.4. The ability of any Bidder to obtain a performance bond shall not be regarded as the sole test of such Bidder's competence or responsibility.

11.5. The City also reserves the right to reject the Proposal of a Bidder who has previously failed to perform properly or to complete Contracts of a similar nature on time.

11.6. The City may conduct detailed examinations of Bidders, including of Bidders’ personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other matters of responsibility germane to the procurement process. The City may, as it deems appropriate, review background items of Bidders to ascertain that no civil or criminal cloud exists over the bidders and their personnel.

The failure of a Bidder to supply information in connection with an inquiry in a timely manner, at the City’s discretion, may be grounds for determination of non-responsibility with respect to the Bidder.

12. Execution of Contract: The Bidder to whom a contract is awarded will be required to execute in two

(2) counterparts the prescribed Payment and Performance Bonds, if required, within ten (10) days from the date of Notice of Intent to Award (NOI) and deliver the executed Contract to the City.

13. Performance and Payment Bonds: Florida State Statute 255.05 permits the City to waive the requirement for Performance and Payment Bonds, if required, in any contract, which is awarded for $200,000.00 or less. The City has determined that it may wish to exercise this authority if the City deems such waiver to be solely in its best interest.

13.1. If the City chooses not to exercise this authority or if the value of the work exceeds the Statutory threshold, then simultaneously with his delivery of the executed Contract to the City, a Bidder to whom a Contract has been awarded must deliver to the City executed, separate Performance and Payment Bonds on the prescribed forms each in an amount of one-hundred percent (100%) of the total amount of the accepted bid, as security for the faithful performance of his Contract and for the payment of all persons performing labor or furnishing materials in connection therewith. The Performance and Payment Bonds shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and with a resident agent in Volusia, Seminole, Orange or Brevard Counties, Florida. The Attorney-in-Fact or other officer who signs Performance and Payment Bonds for a surety company must file with such bonds a certified copy of his Power-of-Attorney authorizing him to do so.

13.2. Florida State Statute 255.05 requires the Contractor, at his expense to record the executed Performance and Payment Bonds in the public records of the City where the improvement is located prior to commencing work.

13.3. The Performance and Payment Bonds shall remain in force for one (1) year from the date of final acceptance of the work as a protection to the City against losses resulting from latent defects in materials or improper performance of work under the Contract, which may appear or be discovered during that period.

13.4. This project is partially funded with ECHO Funds. The Contractor shall list Volusia County as Obligee on the required bonds, in addition to the City.

14. Qualification of Sureties: The following requirements shall be met by all surety companies furnishing bid, performance, payment or other type of bonds:

14.1. Qualifications: As to companies being rated acceptable:

14.1.1. The Surety shall be rated “A” or better as to General Policyholders Rating and Class X or better as to Financial Category by A.M. Best Company, Inc., as published in Best’s Key Rating Guide. The rating for the companies providing insurance for the Project shall be “B” or better, Class VIII or better.

NOTE: If the bond requirement does not exceed $500,000.00, the suitability of the surety shall be determined in accordance with the requirements of Section 287.0935, Florida Statutes.

14.1.2. The Surety shall be listed on the U.S. Treasury Department's Form 570 (Revised annually) entitled, "Companies Holding Certificates of Authority from the Secretary of the Treasury under the Act of Congress Approved July 30,1947, (6 U.S.C., Sec. 6-13) as Acceptable Sureties on Federal Bonds (a)" dated May 2, 1955, or thereafter.

14.1.3. All Surety Companies are subject to approval and may be rejected by the City without cause, in the same manner that bids may be rejected.

14.1.3. The Agent countersigning the bond shall be registered in the State of Florida.

15. Public Records:

The City of DeBary is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law.

15.1. 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 AGREEMENT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS, Annette Hatch, CMC, City Clerk AT 386.601.0219, ahatch@debary.org 16 Colomba Road, DeBary, Fl.

32713

15.2. The Contractor acknowledges its legal obligation to comply with Section 119.0701, Florida

Statutes. The Contractor shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, which would be required to be kept and maintained by the City of DeBary to perform the scope of services. The Contractor shall comply with all requirements for retaining public records and shall transfer, at no cost to the City of DeBary, all public records in the possession of the Contractor upon a request for such public records. See Section 119.0701(2)(b)4, Florida Statutes, for additional record-keeping requirements.

15.3. A request to inspect or copy public records relating to the City of DeBary’s’ Agreement for services must be made directly to the City of DeBary’s Custodian of Public Records. If the City of DeBary does not possess the requested records, the City of DeBary’s Custodian of Public Records shall immediately notify the Contractor of the request. The Contractor must provide a copy of the records to the City of DeBary or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida mailto:ahatch@debary.org

Statutes. If the Contractor does not timely comply with the City of DeBary’s request for records, the City of DeBary shall be able to sue for breach of Agreement and the prevailing party shall be entitled to attorney’s fees.

15.4. Should the Contractor fail to provide the requested public records to the City of DeBary within a reasonable time, the Contractor understands and acknowledges that it may be subject to penalties under Sections 119.0701(3)(c) and 119.10, Florida Statutes.

15.5. The Contractor shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of this Agreement term and following the completion, expiration, or termination of same if the Contractor does not transfer the records to the City of DeBary. Upon completion, expiration, or termination of this RFP, the Contractor shall transfer, at no cost to the City of DeBary, all public records in its possession or keep and maintain public records required by the City of DeBary to perform the services. If the Contractor transfers all public records to the City of DeBary, 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, expiration, or termination of this RFP, the Contractor shall meet all applicable requirements for retaining public records and provide requested records to the City of DeBary under the requirements of this Article. All public records stored electronically must be provided to the City of DeBary in a format that is compatible with the information technology systems of the City of DeBary.

16. Public Records Compliance Indemnification: Contractor agrees to indemnify and hold the City harmless against any and all claims, damage awards, and causes of action arising from the Contractor’s failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Contractor’s failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorneys’ fees and costs arising therefrom. Contractor authorizes the public agency to seek declaratory, injunctive, or other appropriate relief against Contractor in Volusia County Court on an expedited basis to enforce the requirements of this section.

17. Non-Collusion: The prices in the Contractor’s submittal have been arrived at independently, without consultation, collusion, communication, or agreement to restrict competition, as to any matter relating to such prices with any other Contractor or with any competitor.

18. Conflict of Interest: In addition to complete adherence to the requirements provided in Section 112.313, F.S., all Contractors must disclose the name of any officer, director, agent, or representative who is also an employee of the City of DeBary, who knowingly owns, directly or indirectly, any interest of any amount in Contractor’s company, firm, or business, or who derives income of any kind from Contractor’s company, firm or business.

19. Bid Protests: Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this RFP or who is adversely affected by a decision of the City of DeBary concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of intended decision is posted.

A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value.

The Notice of Intent to Protest and formal written protest shall be filed at the following address:

The City of Debary, Florida Finance Director

The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

20. No-Contact Period / Lobbying: During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor, or other people may lobby a Council Member, the City Manager, any City of DeBary employees except (a) any designated Purchasing or Finance Official or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving bid protests; and (b) a Council Member, the City Manager, any City of DeBary employees who is lobbied on issues or matters unrelated to the procurement of goods and services which are subject to the No Contact Period.

The No-Contact Period shall commence on the initial date of the advertisement for this RFP and continue through and include the date the City Council makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify the Contractor from consideration.

21. Laws and Regulations: Applicable provisions of all federal, state, county, and local laws, and all ordinances, rules, and regulations shall govern the development, submittal, and evaluation of all Bids received in response hereto and shall govern any claims and disputes which may arise between the Contractors submitting a response hereto and the City of DeBary by and through its officers, employees, and authorized representatives, or any other persons, natural or otherwise; and lack of knowledge by any Contractor shall not constitute a cognizable defense against the legal effect thereof.

22. Patents, Copyrights, and Royalties: The Contractor, without exception, shall indemnify, defend, and hold harmless The City of DeBary, Florida, and its employees from liability of any nature or kind including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of DeBary. If the Contractor uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception its Bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

23. Independent Contractor Relationship: The Contractor is, and shall be, in the performance of all

Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the City of DeBary. All persons engaged in any of the work or Services performed under this Agreement shall at all times, and in all places, be subject to the Contractor’s sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor’s relationship and the relationship of its employees to the City of DeBary shall be that of an independent contractor and not as employees or agents of the City of DeBary. The Contractor does not have the power or authority to bind the City of DeBary in any promise, agreement, or representation.

Nothing contained herein shall be deemed to create an association, partnership, joint venture, or relationship of principal and agent or master and servant among the Parties or any affiliate thereof, or to provide any Party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other Party.

The City of DeBary, in its absolute discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor, or agent of the Contractor. Such rejection shall not relieve the Contractor of the obligation to perform all work in compliance with the RFP.

24. Marketing/Advertising: By submitting or being awarded this RFP, the Contractor agrees not to use the results as a part of any marketing and/or commercial advertising using the City of DeBary’s name, logos, etc. without the express written consent of the City.

25. Right to Use Existing Contracts / Non-exclusivity: The City of DeBary reserves the right to utilize any other contract, including, but not limited to, the following: any State of Florida Contract, any contract awarded by any other city or county governmental agencies, school boards, community colleges/state university system, cooperative agreements, or to directly negotiate/purchase. The City of DeBary also reserves the right to bid separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the best interest of the City of DeBary, at any time during this agreement term.

26. Public Entity Crimes: Section 287.133(2)(a), F.S., as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted contractor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to any 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 over the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted contractor list.

27. Bankruptcy / Insolvency: At the time of Bid submission, the Contractor shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings. If the Contractor is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, the City of De Bary may, at its option, terminate and cancel the Agreement, in which event all rights hereunder shall immediately cease and terminate.

28. Termination: The City of DeBary reserves the right to terminate the award as a result of this RFP, or any part herein, without cause or penalty. The City of DeBary will notify the Contractor of the intent to terminate, in writing, a minimum of thirty (30) days before the effective date of termination, and the agreement will officially terminate at the end of the thirty (30) day grace period. Termination or cancellation of the RFP will not relieve the Contractor of any obligations for any deliverables entered into before the termination of and/or obligations or liabilities resulting from any acts committed by the Contractor before the termination of the agreement.

29. Right to Reject: The City of DeBary reserves the right to reject any or all Bid(s), to waive minor…