RFP-DPW-2026-0001 Bid packet_w attach.pdf

A REQUEST FOR PROPOSAL

CITY OF BROOKSVILLE

201 HOWELL AVENUE

BROOKSVILLE, FL 34601

Contract Documents and Specifications for:

RFP-DPW-2026-0001

POLYMER FOR BIO-SOLIDS AT WWTP

Project Solicitation Date: Friday, October 31, 2025

Pre-Bid Conference: Thursday, November 6, 2025 @ 10:00 AM Question Submission Deadline: Monday, November 10, 2025 @ 5:00 PM

Questions must be submitted via:

BidNetDirect or procurement@cityofbrooksville.us Proposal Submission Deadline: Thursday, November 13, 2025 @ 11:00 AM Bid Opening: Thursday, November 13, 2025 @ 11:00 AM

Bid Evaluation Meeting: Monday, November 17, 2025 @ 11:00 AM Submit Bid offer to:

City of Brooksville Procurement Division

201 Howell Ave.

Brooksville, FL 34601

SOLICITATION

TENTATIVE BID SCHEDULE

Listed above are the tentative dates and times of the project and schedule by which the actions noted must be completed. If the City finds it necessary to change any of these dates and/or times, the change will be accomplished by addenda. All dates and times are subject to change at the City’s discretion.

THE BID PACKAGE

Each bid submitted in response to this RFP must contain the following documents:

• Bid Cover Sheet

• Bidder’s Minimum Qualifications

• Schedule of Subcontractors, where applicable

• Reference List, where applicable

• Attachments A – K

Pursuant to. § 119.07 (b). Fla. Stat., sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from final inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals or final replies, whichever is earlier.

COMPLETION OF BID SUBMISSION PACKAGE

It is the responsibility of the Bidder to ensure that all pages are included. All Bidders are advised to closely examine this RFP.

All bids must be submitted on the provided Bid forms. Bids submitted on Bidder’s letterhead or quotation forms will not be accepted; provided, however, an addendum may be added to the bid form to further explain qualifications.

Bid forms must be neatly written in ink or typed and must be signed in ink by an officer or employee having authority to bind the bidder (where a signature is required). Failure to submit a duly signed bid may be cause for rejection of the bid.

BID PRICES

All prices shall remain valid for ninety (90) days after the date of bid closing or other time stated in the Special Terms.

The City of Brooksville is not responsible for expenses incurred prior to award.

HOW TO SUBMIT A BID

The original and three (3) copies of the bid must be submitted in a sealed envelope. ENVELOPES CONTAINING BIDS MUST BE IDENTIFIED AS BID RFP-DPW-2026-0001 marked on the outside of the envelope with title, and date bids are scheduled to be received.

Please refrain from using staples or binders; original and copies can be separated by individual envelopes or binder clips.

All sealed bids must be mailed or hand-delivered to:

City of Brooksville Procurement Division

201 Howell Ave.

Brooksville, FL 34601

Any bid received after 11:00 AM on Thursday, November 13, 2025, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in City Hall. Bidders are responsible for ensuring that their bid is stamped by City personnel by the deadline indicated.

Bids submitted by telephone, telegram facsimile or email shall not be accepted.

Submission of a Bid implies a full understanding of this RFP. Any misunderstanding as to such terms by the Bidder will not relieve the Bidder from performance.

This RFP consists of this document along with all plans, drawings and/or technical specifications incorporated or attached to this RFP, all of which are incorporated herein by this reference.

BID REJECTION

Bids may be rejected for noncompliance to requirements after review by the City.

The City of Brooksville reserves the right to reject any or all responses and to waive any irregularities or informalities.

The City reserves the right to reject any or all bids in whole or in part; to award by any item, group(s) of items, total bid, or accept the bid that is most advantageous and in the best interest of the City.

BID SYSTEM

The City of Brooksville officially distributes solicitation and addenda documents through the Florida Online Bid System (www.BidNetDirect.com) and the City of Brooksville website. Solicitation documents may be downloaded using these systems.

The City of Brooksville is not responsible for solicitation and addenda documents obtained from sources other than the Florida Online Bid System, the City website or the City Procurement Division. Vendors who submit responses and later claim they did not receive complete documents or had no knowledge of any change, modifications, or additions made to the official solicitation documents shall still be bound by the solicitation, including any changes, modifications, or additions to the official solicitation documents.

Only vendors who properly register and obtain solicitation documents directly from the Florida Online Bid System or the City website will receive addenda and other important information if issued.

All addenda can be found on the City website, the Florida Online Bid System or obtained through the City Procurement Division. Vendors are responsible for acquiring knowledge of changes, modifications, or additions to official solicitation documents.

If you obtained a solicitation document or addenda from any other source than the Florida Online Bid System or the City of Brooksville website, it is highly recommended that you register as a vendor and download the official document at www.BIDNETDIRECT.com or www.cityofbrooksville.us.

PRE-BID CONFERENCE –

An ATTENDANCE RECOMMENDED Pre-bid Meeting will be held on Thursday, November 6, 2025, at 10:00 AM, at Council Chambers at the City of Brooksville City Hall, 201 Howell Ave., Brooksville, FL, 34601. The purpose of the pre-bid conference is to allow potential Proposer/Contractors an opportunity to present questions to staff and obtain clarification of the requirements contained in the solicitation. This conference will be held only once and is open to the public. There is a call-in option for this meeting. Please contact the Procurement Division for further information.

RFP-DPW-2026-0001

POLYMER FOR BIO-SOLIDS AT WWTP

SUMMARY OF WORK

The City of Brooksville is seeking bids for a product used at the wastewater treatment plant for process of bio-solids daily. The wastewater treatment plant uses cationic polymers, which are positively charged, and interact with negatively charged particles in the sludge to form flocs during treatment. Cationic polymers are commonly used in the treatment of sludge containing organic matter, such as in sludge sewage treatment plants.

A typical shipment for the City is 250 gallons per container, with orders dependent on operational needs. These are shipped directly to the treatment plant. Depending on delivered amount, each shipment lasts approximately two (2) months.

TABLE OF CONTENTS

Article I CITY OF BROOKSVILLE GENERAL PROVISIONS

Section 1.01 CONE OF SILENCE DURING SOLICITATION AND LOBBYING

PROHIBITION

Section 1.02 AMERICANS WITH DISABILITIES ACT 7 Section 1.03 ACCEPTANCE/REJECTION/MODIFICATION TO BID 7 Section 1.04 ACKNOWLEDGMENT OF ADDENDUM 7 Section 1.05 ALTERNATIVE BIDS 8 Section 1.06 ANTITRUST 8 Section 1.07 APPLICABLE LAW 8 Section 1.08 ASSIGNMENT 8 Section 1.09 AWARD 8 Section 1.10 BID ACCEPTANCE PERIOD 8 Section 1.11 BID CLARIFICATIONS 8 Section 1.12 PROPOSER/CONTRACTOR CERTIFICATION 9 Section 1.13 PROPOSER/CONTRACTOR INVESTIGATIONS 9 Section 1.14 BID ENVELOPES 9 Section 1.15 BID FORM SUBMISSION 9 Section 1.16 BUSINESS NAME REQUIREMENT 9 Section 1.17 BID RECEIPT AND OPENING 10 Section 1.18 BID WITHDRAWAL 10 Section 1.19 BID PROTEST 10 Section 1.20 BRAND NAMES 10 Section 1.21 CANCELLATION 11 Section 1.22 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION 11 Section 1.23 CHANGE IN SCOPE OF WORK 11 Section 1.24 COLLUSION AMONG PROPOSER/CONTRACTORS 11 Section 1.25 CONFLICT OF INTEREST 11 Section 1.26 DEBARMENT 11 Section 1.27 E-VERIFY COMPLIANCE 12 Section 1.28 AUDIT COOPERATION FOR GRANT FUNDED PROJECTS 12 Section 1.29 ERRORS IN EXTENSIONS 12 Section 1.30 ETHICS IN PUBLIC PROCUREMENT 12 Section 1.31 EXCEPTIONS 13 Section 1.32 EXPENSES INCURRED IN PREPARING BID 13 Section 1.33 FAILURE TO DELIVER 13 Section 1.34 FAILURE TO ENFORCE 13 Section 1.35 FAIR LABOR STANDARDS 13 Section 1.36 FORCE MAJEURE 13 Section 1.37 IDENTICAL BIDS 13 Section 1.38 INDEMNIFICATION 13 Section 1.39 INDEPENDENT PROPOSER/CONTRACTOR 14 Section 1.40 INFORMALITIES AND IRREGULARITIES 14 Section 1.41 LAW COMPLIANCE 14 Section 1.42 LIMITATION OF COST 14 Section 1.43 LIQUIDATED DAMAGES 14 Section 1.44 NON-APPROPRIATION 15 Section 1.45 NON-DISCRIMINATION 15 Section 1.46 OFFICIAL DOCUMENTS 15 Section 1.47 ORAL STATEMENTS 16 Section 1.48 PATENTS AND ROYALTIES 16 Section 1.49 PAYMENT PROCEDURES CONSTRUCTION CONTRACT 16

Section 1.50 PAYMENT TERMS AND CONDITIONS OTHER THAN

CONSTRUCTION

Section 1.51 PUBLIC INFORMATION 17 Section 1.52 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTEREST IN GOVERNMENT CONTRACTING

Section 1.53 PROPOSER/CONTRACTOR’S PUBLIC RECORDS

REQUIREMENTS

Section 1.54 PUBLISHED PRODUCT SPECIFICATIONS 17 Section 1.55 PURCHASE ORDER REQUIREMENT 18 Section 1.56 QUALIFICATIONS OF PROPOSER/CONTRACTORS 18 Section 1.57 QUALITY OF GOODS 18 Section 1.58 RECOVERY OF MONEY 18 Section 1.59 RIGHT TO AUDIT 19 Section 1.60 RISK OF LOSS 19 Section 1.61 TABULATIONS 19 Section 1.62 TAXES 19 Section 1.63 UNSATISFACTORY WORK 19 Section 1.64 VENDORS LIST 19 Section 1.65 WARRANTIES 20

Article II SPECIAL PROVISIONS

Section 2.01 ADDITION/DELETION 21 Section 2.02 BONDS REQUIRED 21 Section 2.03 CONTRACT TERM 22 Section 2.04 COPYRIGHT 22 Section 2.05 COST REIMBURSEMENT 22 Section 2.06 ECONOMIC ADJUSTMENT 23 Section 2.07 FEDERAL AID CONSTRUCTION CONTRACT 23 Section 2.08 INSURANCE REQUIREMENTS 23 Section 2.09 MOTOR VEHICLE LICENSING 25 Section 2.10 QUANTITIES 25 Section 2.11 REPORT STANDARDS 25 Section 2.12 SALES TAX 25 Section 2.13 SPECIFICATIONS 25 Section 2.14 TRAFFIC CONTROL 25 Section 2.15 VENDOR’S EQUIPMENT 25

ATTACHMENT A BID FORM A-1,2

ATTACHMENT B AUTHORIZATION B-1

ATTACHMENT C OFFEROR INFORMATION/CERTIFICATION FORM C-1,2

ATTACHMENT D ADDENDA ACKNOWLEDGEMENT D-1

ATTACHMENT E DRUG FREE WORKPLACE CERTIFICATE E-1

ATTACHMENT F PUBLIC ENTITY CRIMES F-1,2

ATTACHMENT G AFFIDAVIT OF NON-COLLUSION AND OF NON-INTEREST G-1

ATTACHMENT H VENDOR INFORMATION FORM H-1

ATTACHMENT I NOTARY ACKNOWLEDGEMENT I – 1

ATTACHMENT J BID PROPOSAL CHECKLIST

ATTACHMENT K INDEPENDENT CONTRACTOR SAMPLE AGREEMENT

J-1

ICA 1-13

CITY OF BROOKSVILLE GENERAL PROVISIONS

These general terms and conditions apply in like force to this solicitation and to any contract resulting therefrom.

Section 1.01 CONE OF SILENCE DURING SOLICITATION AND LOBBYING PROHIBITION

The City’s procurement cone of silence will be in effect as of the due date for proposals in response to this RFP. The cone of silence terminates at the time of award, rejection of all response or some other action by the City to end the selection process.

Communicating with or lobbying of evaluation committee members, city or county government employees, or elected officials (including Mayor and City Council Members) regarding requests for proposals, requests for qualifications, bids, or contracts by the Proposer/Contractors or any member of the Proposer/Contractor's staff, an agent of the Proposer/Contractor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the requests for proposal, requests for qualification, bid or contract outside a publicly noticed meeting specifically called to address this particular solicitation is strictly prohibited. Nothing herein shall prohibit a prospective Proposer/Contractor from contacting the Procurement Specialist to address concerns, or grievances, or receive clarification about a particular procurement.

For purposes of this provision lobbying activities shall include, but not be limited to, influencing or attempting to influence action or non-action in connection with any requests for proposals, requests for statements of qualifications, invitations for bids, related processes or contracts through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any proposal, statement of qualification, bid, contract or any other response to be rejected.

The prohibition on communication with City or County Persons (including Mayor and City Council Members) by vendors and their representatives regarding a procurement in which they have a pecuniary interest begins upon issuance of the solicitation and ends upon final award, when the protest is finally resolved, or when the procurement process is otherwise concluded, whichever occurs later. This prohibition does not apply to communication on other matters in which a Proposer/Contractor may have an interest outside of the solicitation.

Section 1.02 AMERICANS WITH DISABILITIES ACT

The City of Brooksville does not discriminate upon the basis of any individual’s disability status. This non-discrimination policy involves every aspect of the City’s functions including one’s access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation to the solicitation documents or for the public meetings related to any solicitation should contact the Procurement staff member named on the solicitation summary at least twenty-four (24) hours in advance of the meeting.

Please be advised that if you contact the City by email, your email address will become a public record and may be subject to disclosure under the Florida Public Records Act.

Section 1.03 ACCEPTANCE/REJECTION/MODIFICATION TO BID

The City of Brooksville may (1) amend or modify this request, (2) revise requirements of this request, (3) require supplemental statements or information from any firm, (4) accept or reject any or all bids, (5) extend the deadline for submission of bids, (6) waive non-material defects, and (7) cancel this request, in whole or in part, if the City deems it in its best interest to do so. The City may exercise the foregoing rights at any time without notice and without liability to any offering firm or any other party for their expenses incurred in the preparation of bid or otherwise.

Section 1.04 ACKNOWLEDGMENT OF ADDENDUM

Proposer/Contractors shall acknowledge receipt of any addendum to the solicitation by identifying the addendum number in the space provided for this purpose on Attachment D, by letter, or by returning a copy of the issued amendment with the submitted bid. The acknowledgment should be received by the City of Brooksville by the time and at the place specified for the receipt of bids. Failure to acknowledge an issued addendum may result in bid rejection and disqualification.

Section 1.05 ALTERNATIVE BIDS The Proposer/Contractor WILL NOT be allowed to offer more than one (1) price (for the goods or services specified). If a Proposer/Contractor submits more than one (1) price on any item (or service), ALL prices will be rejected for that item.

Section 1.06 ANTITRUST

By entering into a contract, the Proposer/Contractor conveys, sells, assigns, and transfers to the City of Brooksville all rights, titles, and interest it may now have or hereafter acquire under the antitrust laws of the United States and the State of Florida that relate to the particular goods or services purchased or acquired by the City under the said contract.

Section 1.07 APPLICABLE LAW

The resulting contract shall be governed in all respects by the laws of the State of Florida, and any litigation with respect thereto shall be brought in the courts of the City of Brooksville, Hernando County, Florida. The Proposer/Contractor shall comply with all applicable Federal, State, and local laws and regulations. Lack of knowledge by the Proposer/Contractor will in no way be a cause for relief from responsibility.

Section 1.08 ASSIGNMENT

The successful Proposer/Contractor(s) shall not assign, transfer, convey, sublet, or otherwise dispose of any award or any or all of its rights, title, or interest therein, or delegate the duties hereunder without the prior written consent of the City of Brooksville.

Section 1.09 AWARD

Consideration for award will be by proximity to specifications given, costs, time of delivery, and other factors deemed by the City of Brooksville to be appropriate. All purchases, leases, or contracts that are based on competitive bids will be awarded to the lowest, responsive, and responsible Proposer/Contractor. Complete and accurate responses to all items are necessary for the complete and fair evaluation of bids. Total-cost or life-cycle-costing, which includes the identification of identifiable costs associated with acquisition, installation, maintenance, and operation of the Proposer/Contractor's offered equipment may be used to determine the lowest Proposer/Contractor. Such analysis may be based upon the Proposer/Contractor's proposal data and other data which is gathered by the City. Additional factors that may be considered include the expected life of equipment, output, maintenance, consumption costs, disposal value, warranty, complexity of operation, required training, and other factors that may contribute to the overall cost of ownership. In determining the responsibility of Proposer/Contractor, past performance, references, documented experience, financial capability, and other reasonable factors may be considered. The City of Brooksville reserves the right to award by item, group of items, lowest total, or whatever manner is deemed to be in the City’s best interest.

Section 1.10 BID ACCEPTANCE PERIOD

The Proposer/Contractor agrees that if this offer is accepted within ninety (90) calendar days from the bid opening date, the Proposer/Contractor will furnish to the City of Brooksville all items from which prices are offered in this bid solicitation at the price(s) so offered, delivered to the designated point(s), within the time period specified, and at the terms and conditions so stipulated in this solicitation document. Any bid for which the Proposer/Contractor specifies a shorter acceptance period may be rejected.

Section 1.11 BID CLARIFICATIONS

If any party contemplating the submission of a bid on this invitation is in doubt as to the true meaning of any part of the plans, specifications, or other documents, they should submit a written request for an interpretation.

Questions or requests can be submitted through the Florida Online Bid System (BidNetDirect.com) or via email to the Procurement Division at procurement@cityofbrooksville.us. The request shall be clearly marked in the subject line as a "PREBID QUESTION" and must include the solicitation number. Questions or requests for interpretations shall clearly state, in detail, the basis for such question(s) or request(s) including a reference to the specific paragraph or language in the solicitation. All questions will be answered as an addendum to the solicitation. Modifications to solicitations will be made only by properly issued written addenda. All such addenda shall become part of the solicitation and resulting contract documents. The City of Brooksville shall only be responsible for explanations or interpretations that are issued by written addendum. No oral interpretations will be made as to the meaning of specifications or any other contract documents. Failure to comply with this provision will result in the Proposer/Contractor waiving his/her right to dispute the bid specification.

Section 1.12 PROPOSER/CONTRACTOR CERTIFICATION

The Proposer/Contractor agrees that submission of a signed bid form is certification that the Proposer/Contractor will accept an award made to it as a result of the submission.

Section 1.13 PROPOSER/CONTRACTOR INVESTIGATIONS

Before submitting a bid, each Proposer/Contractor shall make all investigations and examinations necessary to ascertain all site conditions, specifications, delivery requirements and performance requirements affecting the full performance of the contract and to verify any representations made by the City of Brooksville upon which the Proposer/Contractor will rely. If the Proposer/Contractor receives an award as a result of its bid submission, failure to have made such investigations and examinations will in no way relieve the Proposer/Contractor from its obligation to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the Proposer/Contractor for additional compensation.

Section 1.14 BID ENVELOPES

Envelopes containing bids must be sealed and marked in the lower left-hand corner with the solicitation number, solicitation name, and the date and hour of opening of bids. Failure to do so may cause bid not to be considered. Express company or express mail envelopes containing a sealed bid shall also be sealed and should be clearly marked with the solicitation number, solicitation name, and date and hour of opening of bids.

Failure to clearly mark envelopes may delay delivery and render the response late.

Section 1.15 BID FORM SUBMISSION

Bids shall be submitted on the attached forms. Bids concerning separate bid invitations must not be combined on the same form or placed in the same envelope. Bids submitted in violation of this provision shall not be considered. All bids must be signed, in ink, in order to be considered. Erasures are not acceptable on bids; if necessary to make a change, strike out or draw a line through incorrect item and type the correction above, and initial the correction in ink. If the Proposer/Contractor is a firm or corporation, the Proposer/Contractor must show the title of the individual executing the bid, and if the individual is not an officer of the firm or corporation, the Proposer/Contractor must submit proof that the individual has the authority to obligate the firm or corporation. BIDS MAY NOT BE ALTERED OR AMENDED AFTER THE BID CLOSING.

Section 1.16 BUSINESS NAME REQUIREMENT

The Proposer/Contractor must provide on the Bid Form, Proposer/Contractor Certification Form, and if awarded, on all remittance of invoices for payment, the business name that is provided on their W9 Form.

Additionally, if there is a name change and/or EIN number that is changed at any time, the Proposer/Contractor must immediately notify the Procurement Division as to the change and provide all supporting documentation.

Section 1.17 BID RECEIPT AND OPENING The City of Brooksville will receive sealed bid proposals until date and time indicated on bid cover. Bids must be delivered, by hand or mail, to the City of Brooksville City Hall, located at 201 Howell Avenue, Brooksville, Florida, 34601. Bids must be time stamped before or, on the hour and date indicated on the cover sheet of the solicitation. Bids received after the date and time of the bid opening will be received, date stamped, and returned to the Proposer/Contractor unopened. It is the responsibility of the Proposer/Contractor to ensure that bids arrive at the designated opening place on time. Late or non-delivery due to mail or express delivery company failure will not be considered adequate reason for consideration of late bids. FAXED BIDS WILL NOT BE ACCEPTED AND SHALL NOT BE CONSIDERED FOR EVALUATION OR AWARD. In accordance with § 119.071, Fla. Stat., sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from public inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or replies, whichever is earlier.

Failure to include all the forms required with any bid will result in the Proposer/Contractor being deemed non-responsive and will result in rejection of the bid.

Section 1.18 BID WITHDRAWAL

To withdraw a bid that includes a clerical error after bid opening, the Proposer/Contractor must give notice in writing to the City of Brooksville of claim or right to withdraw a bid. Within two (2) business days after the bid opening, the Proposer/Contractor requesting withdrawal must provide to the City all original work papers, documents, and other materials used in the preparation of the bid. A Proposer/Contractor may also withdraw a bid prior to the time set for the opening of bids by simply making a request in writing to the City; no explanation is required. No Proposer/Contractor who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work for the person to whom the contract is awarded or otherwise benefit from the contract. No partial withdrawals of a bid are permitted after the time and date set for the bid opening; only complete withdrawals are permitted. The decision to allow or disallow bid withdrawal remains solely with the City of Brooksville. BIDS MAY NOT BE ALTERED OR AMENDED

AFTER THE BID CLOSING.

Section 1.19 BID PROTEST Any person or entity whose bid or proposal is rejected, in whole or in part, or who submits a bid or proposal but is not awarded the contract may protest such decision, but only in strict compliance with the Bid Protest Procedures. This Policy shall apply to protests by bidders and proposers when the City Manager or a Department Director recommends a purchase of goods, supplies, equipment or services that would cost ten thousand dollars ($10,000) or more.

For information on the Bid Protest Procedure, Proposers/Contractors may contact the City of Brooksville Procurement Division.

Section 1.20 BRAND NAMES

Any catalog, brand name, or manufacturer's reference used in the specifications is intended to be descriptive and not restrictive and is used only to indicate type and quality desired. Any article, equipment, or material, which shall conform to the standards and excellence so established, and is of equal merit, strength, durability, and appearance to perform the desired function, is deemed eligible for offer as a substitute. The qualifications of the offer shall be judged as to their conformance with these specifications. Any equipment offered other than herein specified shall be subject to a competitive demonstration and evaluation by the City of Brooksville.

The determination as to whether any alternate product or service is or is not equal shall be made by the City, and such determination(s) shall be final and binding upon all Proposer/Contractors.

Section 1.21 CANCELLATION The City of Brooksville reserves the right to cancel a resulting contract, without cause, by giving thirty (30) days prior written notice to the Proposer/Contractor of the intention to cancel, or with cause if at any time the Proposer/Contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the Proposer/Contractor to comply with any of the provisions of the resulting contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the sole discretion of the City. In addition to all other legal remedies available to the City, the City of Brooksville reserves the right to cancel and obtain from another source, any services which have not been provided within the required period of time or if no such time is stated, within a reasonable period of time from the date of order or request, as determined by the City of Brooksville.

Section 1.22 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

The Proposer/Contractor certifies that the prices submitted in response to the solicitation have been arrived at independently and without (for the purpose of restricting competition) any consultation, communication, or agreement with any other Proposer/Contractor or competitor relating to those prices, the intention to submit a bid, or the methods or factors used to calculate the prices bid.

Section 1.23 CHANGE IN SCOPE OF WORK

The City of Brooksville may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the Proposer/Contractor that the scope of the project or of the Proposer/Contractor's services has been changed, requiring changes to the amount of compensation to the Proposer/Contractor or other adjustments to the contract, unless such changes or adjustments have been made by written amendment/Change Order (CO) to the contract or purchase order signed by the City’s designated Project Manager. If the Proposer/Contractor believes that any specific work is not within the scope of the project, is a material change, or will otherwise require more compensation to the Proposer/Contractor, the Proposer/Contractor must immediately notify the City in writing of this belief. If the City believes that the particular work is within the scope of the contract as written, the Proposer/Contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope.

Section 1.24 COLLUSION AMONG PROPOSER/CONTRACTORS

Each Proposer/Contractor, by submitting a bid, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any or all bids shall be rejected if there is any reason for believing that collusion exists among the Proposer/Contractors. The City or Brooksville may or may not, at its discretion, accept future bids for the same work from participants in such collusion. More than one

(1) bid from an individual, firm, partnership, cooperation, or association under the same or different names may be rejected. Reasonable grounds for believing that a Proposer/Contractor has interest in more than one

(1) bid for the work being bid may result in rejection of all bids in which the Proposer/Contractor is believed to have interest. Nothing in this clause shall preclude a firm acting as a Sub-proposer/Sub-contractor to be included as a Sub-proposer/Sub-contractor for two (2) or more primary Proposer/Contractor(s) submitting a bid for the work.

Section 1.25 CONFLICT OF INTEREST

The Proposer/Contractor, by submission of its bid, certifies that to the best of his/her knowledge or belief, no elected/appointed official or employee of the City of Brooksville is financially interested, directly or indirectly, in the offer of goods or services specified in this invitation.

Section 1.26 DEBARMENT

By submitting a bid, the Proposer/Contractor certifies that it is not currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is currently debarred from submitting bids for contracts issued by any subdivision or agency of the State of Florida.

Section 1.27 E-VERIFY COMPLIANCE The City of Brooksville is an employer participant in the Department of Homeland Security's Image Program and utilizes E-Verify to ensure its employees are appropriately authorized to work in the United States. As part of its compliance efforts under this program, the City encourages all consultants, Proposer/Contractors (and/or their Sub-proposer/Sub-contractor(s) under contract with or performing work for the City to establish employment procedures that adopt the Images Program Best Practices and otherwise ensure compliance with Federal employment eligibility verification requirements as part of its hiring practices. The selected consultant or Proposer/Contractor shall also include this requirement in all its Sub-consultant/Sub-proposer/Sub-contractor contracts involving City work. For those City projects utilizing State of Florida funds, the requirement to comply with E-Verify will be mandatory. The City reserves the right to request verification of compliance from its consultants and Proposer/Contractors during the term of its contract with the City and for a period of up to five (5) years thereafter. Should a City-retained consultant, Proposer/Contractor and/or its Sub-consultants/Sub-proposers/Sub-contractors be found to be noncompliant with E-Verify as part of a Federal audit or other inquiry, the consultant, Proposer/Contractor, and/or its Sub-consultant/Sub-proposer/Sub-contractor(s) will be solely responsible for the payment of any fines or costs imposed upon the City as a result of such noncompliance.

Section 1.28 AUDIT COOPERATION REQUIREMENT FOR GRANT FUNDED PROJECTS

In those instances where state funding is involved, the selected Proposer/Contractor, and its subconsultant(s) must agree to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant § Section 20.055 (5), Fla. Stat. By submitting a bid to this solicitation, the Proposer/Contractor certifies that they understand and will comply with this subsection.

Section 1.29 ERRORS IN EXTENSIONS

The Proposer/Contractor must initial erasures or corrections in any Bid Form in ink. The CITY shall reject any Bid Form with such erasures or corrections where City staff concludes it cannot determine with certainty the accuracy or intent of said Bid Form, as corrected. In the case of unit price contracts, if an error is committed in the extension of an item, the unit price as shown in the Bid Form will govern. If the unit price and the extension price are at variance, the unit price shall prevail. Unit prices will be utilized to adjust the total compensation due the successful Proposer/Contractor based on actual quantities encountered. No negotiation of these unit prices after contract award will be allowed. Therefore, each Proposer/Contractor shall proportionately distribute overhead and profit across the unit prices. Significant changes in quantities, including total deletions, are possible through an approved amendment/Change Order to the contract.

Section 1.30 ETHICS IN PUBLIC PROCUREMENT

The contract upon award shall incorporate by reference, but shall not be limited to, the provisions of law contained in § Chapter 112, Florida Statute. 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 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 or real property to a public entity; may not be awarded or perform work as a Proposer/Contractor, Supplier, Sub-proposer/Sub-contractor, 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. § 287.017, Fla. Stat., for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Proposer/Contractor certifies that its bid was made without collusion or fraud; that it has not offered or received any kickbacks or inducements from any other Proposer/Contractor, Supplier, Manufacturer, or Sub-proposer/contractor in connection with this bid;

and that it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of value.

Section 1.31 EXCEPTIONS Proposer/Contractors taking exception to any part or section of the solicitation shall indicate such exceptions on the bid form or appendix. Failure to indicate any exception will be interpreted as the Proposer/Contractor's intent to comply fully with the minimum requirements as written. Conditional or qualified bids, unless such exception(s) are deemed non-material by the City of Brooksville (in its sole discretion), shall be subject to rejection in whole or in part.

Section 1.32 EXPENSES INCURRED IN PREPARING BID

The City of Brooksville accepts no responsibility for any expense incurred by the Proposer/Contractor in the preparation and presentation of a bid. Such expenses shall be borne exclusively by the Proposer/Contractor.

Section 1.33 FAILURE TO DELIVER

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

Section 1.34 FAILURE TO ENFORCE

Failure by the City of Brooksville at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the City to enforce any provision at any time in accordance with its terms.

Section 1.35 FAIR LABOR STANDARDS

By submission of a bid, the Proposer/Contractor certifies that the Proposer/Contractor(s) and/or Sub- Proposer/Contractor(s) providing product(s) or service(s) shall, in the execution or performance of such a contract, maintain fair labor standards as defined in applicable State and Federal regulations.

Section 1.36 FORCE MAJEURE

The Proposer/Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, riots, rebellions, government actions, and acts of God beyond the control of the Proposer/Contractor, unless otherwise specified in the contract. If government actions include the imposition of tariffs that directly affect the materials or equipment to be provided by the Proposer/Contractor under the solicitation, the Proposer/Contractor must submit certification from its supplier that the materials required were acquired by the Proposer/Contractor after the tariffs went into effect and that the Proposer/Contractor now must pay additional costs for the materials or equipment. The City of Brooksville has the discretion to approve an increase in price based on the information supplied or to terminate the contract.

Section 1.37 IDENTICAL BIDS

Identical bids or bids which otherwise appear suspicious will be reported to the City Attorney and/or the Procurement Specialist for investigation.

Section 1.38 INDEMNIFICATION

In consideration of the sum of Fifteen and 00/100 Dollars ($15.00), the receipt and sufficiency of which is acknowledged by the Proposer/Contractor to be included and paid for in the contract price, the Proposer/Contractor shall indemnify, defend, and hold harmless the City of Brooksville and its agents and employees from and against all liabilities, claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, damage, loss, or expense: 1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom; and 2) is caused in whole or in part by any negligent act or omission of the Proposer/Contractor and Sub-proposer/Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except for those caused by the negligent act or omission of the City of Brooksville.

In any and all claims against the City of Brooksville or any of its agents or employees by any employee of the Proposer/Contractor, any Sub-proposer/Sub-contractor(s), anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation, or benefits payable by or for the Proposer/Contractor or any Sub-Proposer/Contractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts.

Section 1.39 INDEPENDENT PROPOSER/CONTRACTOR

The Proposer/Contractor shall be legally considered an Independent Contractor and neither the Proposer/Contractor nor its employees shall, under any circumstances, be considered servants or agents of the City of Brooksville; and the City of Brooksville shall be at no time legally responsible for any negligence or other wrongdoing by the Proposer/Contractor, its servants, or agents. The City of Brooksville shall not withhold from the Proposer/Contractor any Federal or State unemployment taxes, Federal or State income taxes, Social Security tax, or any other amounts for benefits to the Proposer/Contractor. Further, the City of Brooksville shall not provide to the Proposer/Contractor any insurance coverage or other benefits, including workers' compensation, normally provided by the City for its employees.

Section 1.40 INFORMALITIES AND IRREGULARITIES

The City of Brooksville has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of the services being procured. If insufficient information is submitted by a Proposer/Contractor with the bid for the City to properly evaluate the bid, the City has the right to require such additional information as it may deem necessary after the time set for receipt of bids, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured. The City reserves the right to reject any or all bids in whole or in part; to award by any item, group(s) of items, total bid, or accept the bid that is most advantageous and in the best interest of the City.

Section 1.41 LAW COMPLIANCE

Each party will comply with all applicable Federal, State, and local laws, rules, regulations, and guidelines related to performance under this agreement. In particular, the Proposer/Contractor/vendor/named party, verifies and affirms that it is in compliance with 8 U.S.C., Sec. 1324, prohibiting the employment either directly or by contract, subcontract, or exchange of unauthorized aliens in the United States. The City of Brooksville will consider the employment of unauthorized aliens by any Proposer/Contractor, during the term of the agreement, a violation of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this agreement by the City of Brooksville.

Section 1.42 LIMITATION OF COST

The Proposer/Contractor agrees to perform the work specified and complete all obligations under the contract within the stated amounts.

Section 1.43 LIQUIDATED DAMAGES ☐YES ☒NO

Each Proposer/Contractor is reminded that time is of the essence of this project, and failure to complete the work on time shall constitute a material breach of the Independent Proposer/Contractor Agreement, the basis for a determination of the default of the Proposer/Contractor, and termination of the agreement for cause.

In lieu of termination of the agreement for cause, the City may opt to include a liquidated damages clause of which shall be included in the Contract Documents. An amount determined for liquidated damages at the daily rate specified shall be assessed against the successful Proposer/Contractor not complying with a stated delivery time specified in this bid solicitation (See Bid Form) and any subsequent change orders by the substantial completion date and/or final completion date then the work is considered to be late. The damage figure stipulated must be a reasonable estimate of the probable loss to the agency, and not calculated simply to impose a penalty on the Proposer/Contractor.

When the Proposer/Contractor is in default for nonperformance within the stipulated Contract Time, including any intermediate Milestone Dates, the Procurement Officer will issue a letter in writing within thirty (30) days after the intermediate Milestone Date, Substantial Completion Date, or Final Completion Date notifying the Proposer/Contractor that liquidated damages will be assessed each calendar day until the work is completed and accepted by the City Representative for substantial or final completion date whichever one applies.

Liquidated damages shall be deducted at the daily rate in the amount stated in the Independent Proposer/Contractor Agreement documents from any monies due the Proposer/Contractor. The City Manager, however, retains discretion to recommend to the Council that any portion or all of the liquidated damages be waived in order to advance the best interests of the City.

Any failure of the City to provide written notice to the Proposer/Contractor within the applicable thirty (30) day period of its intent to assess liquidated damages shall not constitute a waiver of the right of the CITY to liquidated damages, or otherwise relieve the contractor of liability for liquidated damages.

Section 1.44 NON-APPROPRIATION

All funds for payment by the City of Brooksville under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City of Brooksville for the services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Proposer/Contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect, and the City shall not be obligated under this contract beyond the date of termination.

Section 1.45 NON-DISCRIMINATION

By submission of bid, the Proposer/Contractor certifies that the Proposer/Contractor(s) and/or Sub-proposer/Sub-contractor(s) providing product(s) or service(s) shall not discriminate against any employee or applicant for employment, to be employed in the performance of such contract, with respect to his/her hire, tenure, terms, conditions, or privileges of employment, because of his/her race, color, religion, sex, disability, or national origin, as outlined in applicable State and Federal regulations.

Section 1.46 OFFICIAL DOCUMENTS

The City of Brooksville officially distributes solicitation and addenda documents through the Florida Online Bid System (www.BidNetDirect.com) and the City of Brooksville website. Solicitation documents may be downloaded using these systems. The City of Brooksville is not responsible for solicitation and addenda documents obtained from sources other than the Florida Online Bid System, the City website or the City Procurement Division. Only vendors who properly register and obtain solicitation documents directly from the Florida Online Bid System or Procurement Division will receive addenda and other important information if issued. All addenda can be found on the City website, the Florida Online Bid System or obtained through the City Procurement Division. Vendors are responsible for acquiring knowledge of changes, modifications, or additions to official solicitation documents. Vendors who submit responses and later claim they did not receive complete documents or had no knowledge of any change, modifications, or additions made to the official solicitation documents shall still be bound by the solicitation, including any changes, modifications, or additions to the official solicitation documents.

IF YOU OBTAINED A SOLICITATION DOCUMENT FROM A SOURCE OTHER THAN THE FLORIDA

ONLINE BID SYSTEM OR THE CITY OF BROOKSVILLE WEBSITE, IT IS HIGHLY RECOMMENDED THAT YOU REGISTER AS A VENDOR AND DOWNLOAD THE OFFICIAL DOCUMENT AT www.bidnetdirect.com.

Section 1.47 ORAL STATEMENTS

No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. All modifications to the contract or purchase order must be made in writing by the City of Brooksville.

Section 1.48 PATENTS AND ROYALTIES

The Proposer/Contractor covenants to save, defend, keep harmless, and indemnify the City of Brooksville and all of its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fines, penalties, and cost - including court costs and attorneys’ fees, charges, liability, and exposure, however caused - for or on account of any copyright or patented or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Brooksville.

If the Proposer/Contractor uses any design, device, or materials covered by patent or copyright, it is mutually agreed and understood without exception that the contract price includes all royalties or costs arising from the use of such design, device, or materials in any way in the work.

Section 1.49 PAYMENT PROCEDURES CONSTRUCTION CONTRACT

The City of Brooksville will process payments in a timely manner and in accordance with § 218.735, Fla. Stat., Construction Contract Prompt Payment Law.

Several payment options are available to the successful Proposer/Contractor upon receipt of an approved invoice:

a. Check may be mailed to the remit address on the invoice. The check is sent to the Post Office the day after City Council’s approval.

b. Check may be picked up in the City of Brooksville at City Hall. The Proposer/Contractor must pick up the check the day after the City Council’s approval.