Lido Beach Dune Restoration Project

The project is located on the southwest coast of Florida within Sarasota County and located on Lido Key in the City of Sarasota between New Pass and Big Sarasota Pass. The dune restoration project encompasses approximately 1.16 miles of dune restoration along the southern portion of Lido Key. These specifications include requirements for the furnishing of labor, materials, equipment, and performing all operations in connection with the dune restoration, dune vegetation planting, beach accesses and enhancements, signage, and post and rope installation as indicated on the Construction Drawings and specifications herein.

** Due to the use of Federal funding Local Preference will not apply.**

** Bidder must bid on all line items in order to be deemed Responsive.**

Background

The initial Lido Key Beach Nourishment project included 2.2 miles of shoreline in Sarasota County. The latest Federal nourishment was completed in 2021.

This dune restoration project is supplemental to that project and includes ongoing post construction monitoring.

Project Details

• Reference ID: 26-25HR
• Department: Procurement
• Department Head: Renee Hayes (General Manager, Procurement Official)

Important Dates

• Questions Due: 2026-04-07T16:00:00.000Z
• Answers Posted By: 2026-04-10T20:00:00.000Z
• Pre-Proposal Meeting: 2026-03-24T17:00:00.000Z — Lido Key (see attached Exhibit A- Project Location)

Addenda

• Addendum #1 (released 2026-03-11T18:05:30.055Z) —

  Please use the See What Changed link to view all the changes made by this addendum.

• Official Notice #1: 26-25HR Site Visit Sign In Sheet (released 2026-03-24T18:18:11.437Z) —

  Attendance Sign in for non mandatory site visit

• Addendum #2 (released 2026-04-06T15:07:53.784Z) —

  Addendum 2 - Revised Exhibit B

• Addendum #3 (released 2026-04-09T17:01:14.426Z) —

  Please use the See What Changed link to view all the changes made by this addendum.

Evaluation Criteria

• QUALITY GUARANTEE/WARRANTY —
  1. Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by this contract shall be new, unused, and of the most suitable grade for the purpose intended.  Refurbished parts or equipment are not acceptable unless otherwise specified in the specifications.  All warranties will begin from the date of final completion.
  2. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition.  If a bidder wishes to make a substitution in the specifications, the bidder shall furnish to the CITY, no later than ten (10) business days prior to the bid opening date, the name of the manufacturer, the model number, and other identifying data and information necessary to aid the CITY in evaluating the substitution.  Such information is submitted through the Purchasing Division.  Any such substitution shall be subject to CITY approval through the issuance of a written addendum by the CITY’s Purchasing Division. Substitutions shall be approved only if determined by the CITY to be an Approved Alternate to the prescribed specifications.
  3. A bid containing a substitution is subject to disqualification if the substitution is not approved by the CITY.   Items bid must be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, and appropriate attachments.  Brand names are used for descriptive purposes only.  An Approved Alternate product or service may be used.
  4. The equipment must be warranted for twelve (12) months, parts and labor. Should the equipment be taken out of service for more than forty-eight (48) hours to have warranty work performed, a loaner machine of equal capability or better shall be provided for use until the repaired equipment is returned to service.
  5. If any product does not meet performance representations or other quality assurance representations as published by manufacturers, producers or distributors of such products or the specifications listed in this bid, the vendor shall pick up the product from the CITY at no expense to the CITY.  The CITY reserves the right to reject any or all materials if, in its judgment, the item reflects unsatisfactory workmanship or manufacturing or shipping damage.  Also, the vendor shall refund to CITY any money which has been paid for same.
• Local Preference and Ties —

  This section contains the requirements to qualify as a local vendor/contractor for the benefit of local preference.  This section also contains procedures on how tie bids will be handled, as well as recommendations for local hiring practices.

  Vendors/contractors do not have to be a local vendor/contractor to submit a solicitation response. 

• Project Details —

  Please see the Attachments section for specifications and attachments.

• SALVAGE OF CONSTRUCTION MATERIALS —
  1. Objective: The City of Sarasota strives towards its goal of becoming a sustainable community. Salvage and reuse of construction materials is sustainable activity worthy of becoming a standard operating practice by the CITY, its crews, and private contractor/vendors working in the CITY. To that end, the following specification and clauses shall be included and enforced to the extent possible during construction activities in the CITY.
  2. Specification: Salvage of Brick and Other Construction Materials

     1. The City of Sarasota is a sustainable community. Best practices in sustainable projects call for salvage and reuse of construction materials, and the CITY has adopted this practice as a core value in construction projects. Any contractor/vendor performing work on behalf of the CITY of
        Sarasota shall follow this practice to the extent practical.

     2. The City of Sarasota additionally has identified brick found on, under, or around City roadways
        to be a critical resource. In a case when any brick is found by the contractor/vendor, the
        contractor/vendor shall notify the project manager immediately. The project manager will
        identify if the brick is of suitable quality for reuse. If so, brick shall be salvaged, and taken to a
        location designated by the CITY. Typically, the contractor/vendor will be responsible to neatly
        stack any found brick on a pallet for pickup by a City crew, who will be made available to
        transport the brick. If substantive quantities of brick are found by the contractor/vendor, the
        CITY shall establish a force-account or other payment mechanism to reimburse the
        contractor/vendor for these costs.
     3. Materials other than brick known to be present prior to the onset of a project, unless
        specifically noted or specified otherwise, may be considered by the contractor/vendor as
        salvageable as part of their bid. For instance, the contractor/vendor may consider millings
        removed from the roadway, or concrete sidewalk removed from the site, to be in control of the
        contractor/vendor. Therefore, any of this material may be taken to a suitable location for reuse
        (i.e. millings to asphalt plant, concrete to a pulverization/ crushing site). The contractor/vendor
        may reuse this material as they see fit, but the fact the material has been placed in the control
        of the contractor/vendor does not remove the requirement for beneficial reuse of these
        materials; the CITY is simply leaving the disposition of how to reutilize these materials to the
        contractor/vendor’s discretion. Any proceeds from the salvage of this material may be received
        by the contractor/vendor.
  3. Clause: R/O/W Use Permit

     1. The contractor/vendor/owner is hereby notified that any brick found in City of Sarasota Right-
        Of-Way is considered to be property of the City of Sarasota. The contractor/vendor/owner shall immediately notify the CITY, at 941-365-2200 extension 6000, if brick is found within the City’s property while carrying out any work. The brick shall be stacked neatly on a City-provided
        pallet and placed in a suitable location for pickup by a City crew. The contractor/vendor/ owner
        is also encouraged to recycle any other construction materials to the extent practical, such as
        taking removed concrete sidewalk to a pulverization plant.

         

• SUBJECT TO THESE TERMS —

  All responses are subject to the terms and conditions specified herein. Responses which do not comply
  with these conditions are subject to rejection. These Terms and Conditions are subject to the Order of
  Precedents in Section 2.3 of this document.

• LOCAL PREFERENCE AND TIE BREAKERS —

  Note:  Local preferences do not apply to Local Agency Program, Federal Funded projects, where prohibited by grant funding.

   

  PLEASE READ CAREFULLY

   

  1. Definitions:
     1. City - Local city business means the vendor has (i) a valid Local Business Tax Receipt, issued by the City of Sarasota at least one year prior to a bid or proposal submission, to do business within the City of Sarasota that authorizes the business to sell goods or services or to engage in construction, and (ii) a physical non-residential business address located within the City of Sarasota from which the vendor is operating or performing its business, and at which it maintains full-time employees who receive from the local business a regular paycheck from which deductions are made for employment related payroll taxes, including but not necessarily limited to social security and Medicare.  
     2. County - Local county business means the vendor has (i) a valid Local Business Tax Receipt, issued by Sarasota County at least one year prior to a bid or proposal submission, to do business within Sarasota County that authorizes the business to sell goods or services or to engage in construction, and (ii) a physical non-residential business address located within Sarasota County from which the vendor is operating or performing its business, and at which it maintains full-time employees who receive from the local business a regular paycheck from which deductions are made for employment related payroll taxes, including but not necessarily limited to social security and Medicare.
     3. Non-local - Non-local business means any vendor that does not meet either the definition of local city business or local county business.
        1. Post office boxes are not verifiable and shall not be used for the purpose of establishing said physical address.
        2. In order to be eligible for local preference, the vendor must provide a copy of the occupational license/Business Tax Receipt
        3. A vendor who misrepresents the local preference status of its firm in a proposal or bid submitted to the City will lose the privilege to claim local preference status for a period of two (2) years.
  2. Competitive bid.  Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined.  Under a competitive bid solicitation, when a responsible and responsive non-local business submits the lowest price bid, and the lowest bid submitted by a responsible and responsive local city business is within five percent (5%) of the lowest bid, then the lowest bidding local city business shall have the opportunity to submit an offer to match the price submitted by the lowest non-local business bidder.  In such instances, staff shall first verify if the lowest non-local business bidder and the lowest local city business are in fact responsible and responsive bidders.  If the lowest local city business bidder submits an offer that matches or is lower than the lowest bid submitted, and the two vendors are similarly   responsible and responsive bidders, then the award shall be made to such local city business.  If the lowest local city business bidder declines or is unable to match the lowest bid, then the option to do so moves to the next local city business if such business’s bid is within five percent (5%) of the lowest bid, and it is a similarly responsible and responsive bidder.  At such time as there is no local city business within five percent (5%) of the lowest bid, the option to match the lowest bid shall go to the lowest bidding local county business, if such bid is within two percent (2%) of the lowest bid, and it is a similarly responsible and responsive bidder.  If the lowest local county business bidder declines or is unable to match the lowest bid, then the option to do so moves to the next local county business if such business’s bid is within two percent (2%) of the lowest bid, and it is a similarly responsible and responsive bidder.
• DEFINITIONS —
  1. “Response” – Will be considered the same as a bid, proposal, or any other terms used to describe the submittal of an electronic response to a solicitation. All responses shall be submitted
     electronically.
  2. “Respondent” – A bidder, proposer or any other individual or company that may submit a response to a CITY solicitation.
  3. “Solicitation” – A document or documents released by the City of Sarasota for the purpose of obtaining goods or services. Considered the same as an Invitation to Bid (ITB), Request for Proposal (RFP) or any other title designated by the CITY to solicit goods or services.
• CHANGE ORDERS —

  The City reserves the right to make, at any time prior to or during the progress of the work, increases or decreases in the quantities of work as may be found necessary or desirable by the City.  Compensation for changes in quantities shall be at the bid unit price for the specific item of work with no additional charges allowed for the change in quantity.  

  All unit prices for items of work in the original contract shall be considered all-inclusive of expenses necessary to accomplish the work regardless of the unit of measure (e.g. LS, LF, CY, SY, TN, etc.) including but not limited to:

  1)    Material
  2)    Delivery
  3)    Direct Labor
  4)    Taxes
  5)    Rental rates
  6)    Fringe Benefits
  7)    Overhead
  8)    Profit
  9)    Markup

  A change in quantities whether greater than or lower than the original bid quantity shall be treated as if the new quantity was part of the original quantity of work with respect to unit value.  Upon approval of changed quantities the quantities shall be adjusted on the contract or invoice to reflect the new total quantity of each item of work.  Each proposal for changes shall list both the reduction in quantity of deleted work and increased quantity of added work.  

• TIES —
  1. In the event of any tie (either in the best and final bid price under a bid process), after the above listed preferences are calculated, the following will take effect:
     
     
     1. Between a local city or county business, and a non-local business, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local city or county business.
     2. In the event of any tie between a local city business and a local county business, the local city business shall be awarded the contract or receive the first opportunity to negotiate, as applicable.  
     3. In the event of any tie between a local city business and another local city business, or a local county business and another local county business, the local vendor with the greatest number of full-time employees (full-time employee as defined in City of Sarasota Procurement Ordinance 19-5304) working in the City of Sarasota or Sarasota County respectively, shall be awarded the contract or receive the first opportunity to negotiate, as applicable.
     4. In the event of any tie between a local city business and another local city business, or a local county business and another local county business and has the same number of full-time employees the local vendor with a Drug Free Workplace program in accordance with Section 287.087, Florida State Statutes, shall be awarded the contract or receive the first opportunity to negotiate, as applicable.
     5. Preference must be given to vendors submitting a certification with their bid proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes.  This requirement affects all public entities of the State and became effective January 1, 1991.  The special condition is as follows:
        1. Preference shall be given to businesses with drug-free workplace programs.  Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that is has implemented a drug-free workplace program shall be given preference in the award process.  Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program.  In order to have a drug-free workplace program, a business shall:
        2. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
           Inform employees about the dangers of drug abuse in the workplace, the business policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
        3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in section 2.1.5.2.
        4. In the statement specified in section 2.1.5.2, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the work place no later than five (5) days after such conviction.
           Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.
        5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
     6. In the event of any tie between a local city business and another local city business, or a local county business and another local county business, and has the same number of full time employees and the local vendor has a Drug Free Work Place program in place in accordance with Section 287.087, Florida State Statutes, a coin toss will determine who shall be awarded the contract or receive the first opportunity to negotiate, as applicable
• ORDER OF PRECEDENTS —
  1. If a conflict arises between these Terms and Conditions, the following ORDER OF PRECEDENTS will apply:
     1. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services”
     2. City of Sarasota Procurement Code
     3. Special Conditions and Supplemental Instructions
     4. Detailed Scope of Work
     5. Solicitation specific Terms and Conditions (RFP, Bid, Construction, etc.)
     6. These Terms and Conditions
• INTERPRETATION OF ESTIMATED QUANTITIES —

  The estimated quantities of work to be done and materials to be furnished under this contract, given in the bid forms, are to be considered as approximate only and are to be used solely for the comparison of bids received.  The CITY does not expressly 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 of quantities or of the character, location or other conditions pertaining to the work.  Payment to the contractor/vendor will be made only for the actual quantities of work performed or materials furnished in accordance with the contract documents, and it is mutually understood that the quantities may be increased or diminished as provided in the specification without in any way invalidating any of the unit or lump sum price bid.

• Local Hiring —

  The City of Sarasota local hiring initiatives do apply to the awarded bidder(s).  The City of Sarasota encourages all Contractors/Vendors to hire local residents for all bids, quotes, proposals, and solicitations within the Sarasota area.  Suncoast Workforce will assist the company awarded the bid with these efforts.  Please be aware it is not intended for contractors and subcontractors to terminate existing employees, but to make every effort feasible to employ local residents before any other person, when hiring additional employees needed to complete proposed work to be performed.  

   

  Suncoast Workforce Board Inc.

  DBA Career Source Suncoast

  3660 N. Washington Blvd.

  Sarasota, FL 34234

  Phone: 941.358.4200

  Fax: 941.358.2820

   

• END —

  END OF SECTION

• CONTRACT FORMS —

  Any agreement, contract, or Purchase Order resulting from the acceptance of a response shall be in a form as approved by the CITY.

• BONDS (IF REQUIRED) CONSTRUCTION ONLY —
  1. BID GUARANTY (IF REQUIRED)
     All bids, where the total amount bid is in excess of $200,000 require security in the form of a bid
     bond issued by a surety company licensed to do business in Florida, a cashier’s check, or an irrevocable letter of credit in an amount equal to five percent of the bid, unless the Purchasing
     General Manager issues a written determination that the imposition of such requirement would detract from competition without adding a material benefit to the City. The Purchasing General
     Manager may require a bond on projects less than $200,000.00. A bid bond for continuing/annual services will not be required unless stated in the specifications or special conditions. The Purchasing
     General Manager may require a letter of bondability on continuing/annual services contracts. All bonds, cashier’s checks, or letters of credit shall require the bidder to forfeit bid security upon a refusal or failure to execute the contract within ten days of issuance of the notice of award of contract. If the contract is then awarded to the second-lowest bidder, the bond or other form of security shall be applied to compensate
  2. PERFORMANCE & PAYMENT BOND, EXECUTION OF CONTRACTS
     
     1. The Purchasing General Manager shall require the successful bidder on a public construction
        contract to obtain a good and sufficient performance and payment bond as security for the faithful performance of a public construction contract entered into between the City and the successful bidder and as security for the payment of all persons performing labor or furnishing materials in connection with such contract. The Purchasing General Manager may waive the performance and payment bond for public construction contracts of $200,000 or less if the City
        would not materially benefit from requiring such bond.
     2. Within ten (10) days after the contractor/vendor has been issued a "notice of bid action", the successful bidder shall execute and deliver to the CITY a contract agreement in the form provided and in such number of counterparts as the CITY may require.
     3. Having satisfied all conditions as set forth elsewhere in these documents, the successful bidder shall furnish a performance and payment bond (public construction bond) equal to one hundred percent (100%) of the total contract amount for the security of the faithful
        performance of this contract and for the payment of all persons performing labor and furnishing materials in connection therewith in the forms required by Florida Statutes 255.05 together with power of attorney showing authorization of the surety's agent to execute the
        bond. It shall be the contractor/vendor's responsibility to record a copy of the bond in the public records of Sarasota County Clerk of circuit Courts and provide proof of such recording to the City Purchasing Division with the performance bond.
     4. 5.2.4. The failure of the successful bidder to execute such contract agreement and to supply the required bond(s) within said ten (10) business days, or within such extended time as the CITY may grant, based upon reasons determined adequate by the CITY, shall constitute a default.
        The CITY may then either award the contract to the next responsible bidder or re advertise for bids and may charge the bidder the difference between the amount of the bid and the amount for which a contract for work is subsequently executed, irrespective of whether the amount
        thus due exceeds the amount of the bid guaranty. (Form# 12, Part II, Performance and Payment Bond)
     5. The Purchasing General Manager may require a successful bidder on a contract other than a public construction contract to obtain a good and sufficient performance and payment bond as security for the faithful performance of the contract entered into between the City and the successful bidder and as security for the payment of all persons performing labor or furnishing
        materials in connection with such contract.
     6. When a contractor furnishes and records a payment and performance bond for a public works
        project in accordance with this section and provides the public authority with a written consent
        from the surety regarding the project or payment in question, the public authority may not condition its payment to the contractor on the production of a release, waiver, or like documentation from a claimant demonstrating that the claimant does not have an outstanding claim against the contractor, the surety, the payment bond, or the public authority for payments due on labor, services, or materials furnished on the public works project. The surety
        may, in a writing served on the public authority, revoke its consent or direct that the public authority withholds a specified amount from a payment, which shall be effective upon receipt. This subsection applies to contracts entered into on or after October 1, 2012. However, the
        contractor may utilize this provision in lieu of release of lien for the subcontractors prior to the
        date above.
     7. In lieu of the performance and payment bond, a successful bidder may provide the City with an alternative form of security in the form of cash, cashier’s check, or irrevocable letter of credit. Any such alternative form of security shall be for the same purpose and be subject to the same
        conditions as those applicable to the performance and payment bond required herein.
  3. BOND FORMS
     1. The attached bond forms may be utilized (Form#11, Bid Bond). Any bonding company submitting a bid bond or performance and payment bond to the CITY must be licensed to transact as a fidelity and surety business in the State of Florida and hold a certificate of authority from the Secretary of the Treasury under Act of Congress approved July 30, 1947 (U.S.C. 6 13), and approved by the City
        of Sarasota. Acceptable surety companies shall be licensed to do business in Florida and shall have an A.M. Best & Company or approved alternate rating of “A” or better and a “T” underwriting limitation not exceeded by this project’s bond.
• RESPONSE DELIVERY AND SUBMISSION REQUIREMENTS AND COMMUNICATIONS —
  1. Only electronic responses will be submitted to the City via the City’s online solicitation program.  If specified as being allowed, large-file backup documentation that is required, such as plans or concept drawings, may be submitted as a single hard copy with an electronic copy on a flash drive.
  2. The electronic copy should include one consolidated PDF file that contains the entire response. 
  3. Confidential Response Information – If information is submitted with the solicitation documents that are deemed “Confidential” then the Respondent must stamp those pages of the response in the PDF file that are considered confidential.  Respondent must provide documentation as to why these documents should be declared confidential in accordance with Chapter 119, “Public Records”, exemptions.  Respondent will be responsible for proving confidentiality upon the City receiving any valid public records request.  The Respondent will be responsible for all cost involved in that process.  
  4. Solicitation Opening
     1. Solicitation responses shall be publicly opened on the date and at the time specified in the online solicitation.  It is the Respondent's responsibility to assure that their response is uploaded before the deadline date and time.  Responses, which for any reason are not uploaded on time, will not be considered.  Offers by fax, mail, private carrier or telephone are not acceptable unless otherwise specified.  A response may not be altered after the closing of the solicitation.
     2. If hard copies of the Solicitation response are requested, Solicitation documents shall be sealed in an envelope or packaging and shall be clearly marked with the words "Solicitation Response Documents" and show the solicitation name and number, name and address of the Respondent, and date and time of the scheduled opening.  All solicitation documents shall be submitted in writing, signed by the Respondent or the Respondent's duly authorized agent, and shall be mailed or delivered to the office of the Purchasing General Manager prior to the date and time scheduled for the opening of responses.
  5. The Purchasing General Manager, or designee shall publicly display solicitation responses submitted online. 
  6. A Respondent may withdraw a response any time prior to the close of the solicitation.  After solicitations are closed, but prior to award of the contract by the City Commission or Charter Official, the City Commission or Charter Official may allow the withdrawal of a response because of the mistake of the Respondent in the preparation of the response document.  In such circumstance, the decision of the City Commission or Charter Official to allow the response withdrawal, although discretionary, shall be based upon a finding that the Respondent, by clear and convincing evidence, has met each of the following four tests:
     1. The Respondent acted in good faith in submitting the response,
     2. The mistake in response preparation was of such magnitude that to enforce compliance by the Respondent would cause a severe hardship on the Respondent,
     3. The mistake in response preparation was of such magnitude that to enforce compliance by the Respondent would cause a severe hardship on the Respondent,
     4. The mistake was discovered and was communicated to the CITY prior to the City Commission having formally awarded the contract.
• PRICES, TERMS, AND PAYMENTS —
  1. Discounts
     Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.
  2. Mistakes
     Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk in case of mistake in extension; the unit price will govern.  
  3. Condition and Packaging
     It is understood and agreed that any item offered or shipped as a result of this bid shall be a new, current standard production model available at the time of the bid.  All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.
  4. Safety Standards
     Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standard there under.
  5. Underwriter's Laboratories
     Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry UL re-examination listing where such has been established.
  6. Invoicing and Payment
     The contractor/vendor shall be paid upon submission of properly certified invoices to the purchaser at the prices stipulated on the contract at the time the order is placed, after delivery and acceptance of goods or services, less deductions if any, as provided.  Invoices shall contain the contract number, purchase order and the contractor/vendor's Federal Employer Identification Number.  An original copy of the invoice shall be submitted.  Failure to follow these instructions may result in delay in processing invoices for payment.
     1. Payments Based on Percentage Markup
        Bids that are awarded and which include or provide for a percentage markup on goods purchased will require the vendor/contractor to submit the wholesale invoice with the vendors/contractors’ invoice and which include or provide a list of goods purchased in order to verify the correct markup percentage was applied.
  7. Additional Quantities
     For a period not exceeding one (1) year, unless otherwise stated in the scope of work, from the date of acceptance of this offer by the buyer, the right is reserved to acquire additional quantities at the same unit price.  If additional quantities are not acceptable, the bid sheets must be noted "Bid is for specified quantity only".
     1. Additional Quantities-Lump Sum and Unit Pricing Contracts
        The CITY and contractor/vendor may add additional work items to the contract at any time, provided a fair and reasonable not to exceed, lump sum or unit cost can be agreed upon by both parties unless otherwise specified in the specifications or scope of work. 
  8. Additional Scope of Work
     The CITY may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The CITY may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the CITY may solicit separate solicitations to satisfy them.
  9. Additional Terms and Conditions
     Additional Terms and Conditions may be listed in the items listed in Section 3.3 otherwise no additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are applicable to this bid.  If submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the general special conditions in this bid solicitation are the only conditions applicable to this bid and the bidder's authorized signature affixed to the bid form attest to this.
  10. Advertising
      In submitting a bid, bidder agrees not to use the results there from as a part of any commercial advertising.
  11. Assignment
      Any purchase order issued pursuant to this bid invitation and the monies, which may become due hereunder, are not assignable except with the prior written approval of the ordering agency.
  12. Contract Term
      Unless otherwise stated in the scope of work, specifications, or special conditions the default contract term shall be one (1) year with two (2) one (1) year renewals for a total of three (3) years
• CLARIFICATION & ADDENDA —
  1. Questions and requests for clarification should be submitted through the City’s online solicitation system.  Answers to questions and/or addenda are issued through the City’s online solicitation system.  If for some reason the City issues a call for hard copy responses, then information or questions concerning this solicitation may also be submitted to the City of Sarasota Purchasing Division, 1565 First Street, Room 205, Sarasota, Florida 34236, phone number (941) 263-6452, unless otherwise noted in the specifications.  After the issuance of the solicitation, prospective Respondents or any agent, representative or person acting at the request of such Respondent shall not have any contact, communicate with or discuss any matter relating in any way to the solicitation with any Commissioner, agent or employee of the CITY other than the Purchasing General Manager or their designee.  This prohibition begins with the issuance of any solicitation and ends upon execution of the final contract or when the solicitation has been canceled or upon determination by the Purchasing General Manager that a “Cone of Silence” is in effect for the solicitation or upcoming solicitation. If it is determined that improper communications were conducted, the Respondent may be declared not responsible.
  2. Detailed specifications describe the commodities, services, or construction services to be acquired by the CITY.  To be considered for award, a response must comply in all material respects with the specifications.  No alternate responses or deviations from the specifications will be accepted unless requested in the specifications or response form and as approved through written addendum.
  3. Each Respondent shall examine all solicitation documents and shall judge all matters relating to the adequacy and accuracy of such documents.  Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the solicitation shall be made in writing, submitted, and received at least eight (8) calendar days prior to the date when responses are due; to the City of Sarasota Purchasing Division and the online solicitation system.
  4. The CITY shall not be responsible for oral interpretations given by any CITY employee, representative, or others.  Except at the pre-solicitation conference, every request for interpretation of the meaning of the plans, specifications, or any contract documents, or for correction of any apparent ambiguity, inconsistency or error therein, shall be in writing, preferably asked within the City’s electronic bidding system, or addressed to the Purchasing General Manager or designee.  The issuance of the Questions and Answers in the City’s online solicitation system, or a written addendum, added within the City’s online solicitation system, by the City’s Purchasing Division is the only official method whereby interpretation, clarification or additional information can be given.  If any addenda are issued to this solicitation, the CITY will attempt to notify all prospective Respondents who have secured same; however, it shall be the responsibility of each Respondent, prior to submitting their response, to determine if addenda were issued and to make such addenda a part of their response.  Acknowledgement to addenda receipt will be noted by each Respondent in the space provide on electronic acknowledgement Form# 1 or by other means as prescribed by the Purchasing Division.  This may include electronic acknowledgement.
     1. Should the Respondent find discrepancies in or omissions from the drawings and specifications, scope of work, or other documents attached hereto, or should they be in doubt as to the meaning, they should at once contact the Purchasing Division and obtain clarification prior to submitting a response.
  5. Governmental Restrictions
     1. In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this solicitation prior to their delivery, it shall be the responsibility of the Respondent to notify the Purchasing Division at once, indicating in their letter or email the specific regulation which required an alteration.  The CITY reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the solicitation or contract at no further expense to the CITY.
• DIRECT PURCHASE —
  1. The CITY reserves the right, at the CITY’s option, to direct purchase materials, equipment, and furnishings involved in the project, including subcontracts, if any in accordance with Florida Statute 212.08(6) and Florida Department of Revenue Rule 12A-1.094.  The selected contractor/vendor, and all subcontractors, if any, shall comply with the CITY’s direct purchase procedures, including but not limited to those listed below.
     1. Within 15 days of the posted date of the Notice of Bid Action, the selected contractor/vendor shall submit a list of potential Direct Purchase items for the CITY’s consideration.  The intent is for single items or large quantities of single items of approximately $5,000.00 or more to be considered for Direct Purchases.  The parties acknowledge that City may be directly purchasing some of the material and/or equipment necessary for the project so as to save the sales tax which would otherwise have been due with regard to same.
     2. Along with the list, the contractor/vendor shall also include the price quotes from the suppliers from the bid, including any terms and conditions negotiated with the suppliers.  The contractor/vendor is responsible for selecting the supplier, specifications, material receipt, inspecting shipments and assuring that the material is in accordance with the specifications. In the event the CITY determines to make any Direct Purchase of material and/or equipment for the Project, the Direct Purchase will be authorized by a deductive change to the agreement.  The deductive change for the Direct Purchase shall reduce the contract amount otherwise due from the CITY to the contractor/vendor by the cost to be paid by the CITY for the material and/or equipment to be directly purchased by the City and by the sales tax saved by the CITY directly purchasing the material and/or equipment. The contractor/vendor retains all responsibility for an acceptable finished product and is responsible for maintaining the project schedule. The CITY’s Direct Purchase mechanism to effectuate tax savings in no way effects the obligation of the contractor/vendor to meet all of the terms and conditions and all provisions and technical specifications of the bid and resultant contract document.  The Contractor/vendor shall be responsible for insuring all materials and items in his care, custody and control regardless of whether directly purchased by the CITY or not.  The materials directly purchased by the CITY for inclusion into the project are subject to the same terms and conditions as any and all other items of the contract.
     3. The Direct Purchase items selected, and upon request of an order by the contractor/vendor, the Purchasing Department will issue a Direct Purchase order to the contractor/vendor’s or subcontractor’s source at the price proposed in the subcontractor’s or contractor/vendor’s bid, less sales tax. The CITY reserves the option to issue the Direct Purchase orders to the CITY’s annual contract vendors or State contract vendors for comparable or lower prices but will subtract from the contract the price shown on the subcontractor/vendor’s or contractor/vendor’s bid.  For construction management projects, items for Direct Purchase will be identified by or before the construction documents phase.
     4. It will be the contractor/vendor’s sole and complete responsibility to properly expedite and follow up on direct purchase orders, thereby assuring delivery of the item as ordered and at the time and place needed by the Contractor/vendor.
     5. The contractor/vendor shall take delivery, unload, store and install the materials and equipment purchased on the direct purchase order in accordance with the bid, protect and maintain in proper condition; and work with the supplier to repair, replace, and make good any defect without cost to the CITY, until such time as the scope of work by the contractor/vendor has been completed and accepted by the CITY. The contractor/vendor will be responsible for undertaking and completing any returns of direct purchase materials or equipment and working with the supplier to effectuate any warranties for defective materials or equipment, or resolving any problems related to the direct purchase materials and equipment.  The contractor/vendor will coordinate corrective action.  Any returns not replaced shall be credited to the CITY and acknowledged by a supplement to the direct purchase order and amendment to the contractor/vendor’s application for payment.  The Contractor/vendor shall not be responsible for warranting the materials and equipment to the CITY, however, the contractor/vendor shall be responsible for maintaining the supplier’s warranty of the material or equipment purchased by direct purchase order by the CITY.  The contractor/vendor shall maintain records of all direct purchases received and incorporated into the work and provide the CITY with a monthly accounting.
     6. When delivery of a direct purchase order is complete, or a payment is to be made on a partial shipment, the contractor/vendor will immediately submit to the CITY the invoice and documentation supporting the goods received.  Invoices for direct purchase orders will be sent by the direct purchase vendor to the contractor/vendor.  The contractor/vendor will verify delivery and sign the invoice and associated documentation supporting the amount of the payment.  Payment will be made by check mailed to the direct purchase vendor as of the next available check run of the CITY.  The contractor/vendor will assist the CITY in assuring prompt payment by supplying the supplier’s FEI numbers, addresses, phone numbers, etc.  
• SOLICITATION/RESPONSE EXPENSES —

  Respondent shall bear all costs and expenses incurred in developing, preparing, and submitting responses to this solicitation.

• PERMITS, FEES, LICENSING, AND MOBILIZATION —
  1. The contractor/vendor shall obtain all necessary permits and pay for same prior to commencement of work. The cost of such permits shall be included within the base bid, unless otherwise provided for in the bid forms or specifications. The contractor/vendor must have all license and
     certifications as required by Federal, State, City, County, or special agencies (i.e. FAA, FTA, EPA, DOT, etc....). Permit cost may be calculated by going to the City of Sarasota Neighborhood and
     Development Services (NDS) website at
     https://www.sarasotafl.gov/government/development-services/building-permitting
  2. Mobilization Fees
     1. Mobilization shall consist of preparatory work and operations including, but not limited to
        those necessary for the movement of personnel, equipment, supplies and incidentals to the
        project site; for the establishment of the CONTRACTOR’S field office and other facilities
        necessary for work on the project; fees for bonds and insurance; and for all other work and
        operations including submittals and obtaining construction permits, which must be performed
        prior to beginning work on the various items.
     2. Payment for mobilization, demobilization, and survey shall not exceed 10 percent (10%) of the
        total Contract cost unless the Contractor can prove to the City that his actual mobilization,
        demobilization, and survey costs exceeds 10 percent (10%).
     3. Continuing Services Contracts. Measurement: The lump sum price for mobilization shall be
        based on each task order and shall not exceed five percent (5%) of the total of all other items
        bid (excluding this item). The CONTRACTOR shall provide a breakdown of the lump sum bid for
        mobilization. The schedule of values shall identify items of preparatory work and operations
        with the corresponding cost per item.
• IRREVOCABLE OFFER —

  Any response may be withdrawn until the date and time set for closing of the responses to this solicitation.  All withdrawals must be requested in writing via email, letter, removal from the City’s electronic solicitation system or FAX.  Any response not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of one-hundred and twenty (120) days to sell to the CITY the goods or services set forth in the attached specifications.  Failure to respond, either by submitting a bid or proposal, or by submitting a “NO BID” Statement eliminates your firm for being able to participate in the protest of this solicitation in accordance with the City of Sarasota Procurement Code Section 2-366.

• CONFLICT OF INTEREST —
  1. The award hereunder is subject to the provisions of Chapter 112, Public Officers and Employees: General Provisions, Florida Statues.  All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Sarasota or any of its agencies.  Further, all bidders must disclose the name of any City employee who owns directly or indirectly, an interest of five percent (5%) or more in the bidder's firm or any of its branches.
  2. Bids Submitted by Members of Advisory Boards of the City of Sarasota
     1. Section 112.313(7), Florida Statutes (1989), prohibits an advisory board member from holding any employment or contractual relationship with any business entity, which is doing business with the CITY.
     2. Section 112.313(12), Florida Statutes (1989), provides that an advisory board member will not be in violation of the prohibition in Section 112.313(7), Florida Statutes (1989), if:
        1. The bid is awarded under a system of sealed, competitive bidding to the lowest responsive and responsible bidder.  In addition, the advisory board member is required prior to or at the time of the submissions of the bid, file a statement with the Supervisor of Elections of Sarasota County, disclosing their interest and the nature of the intended business.  The form, which should be used, is entitled "Form 3A Interest in Competitive Bid for Public Business," a copy of this form has been provided in the forms section of this bid, (Form# 2, Form 3A Interest in Competitive Bids) or you may contact the City of Sarasota Purchasing Division.          
        2. The advisory board member, their spouse or child is required to have in no way used or attempted to use their influence to persuade the CITY or any of its personnel to enter into such a contract other than by the mere submission of the bid.
        3. The advisory board member, their spouse or child is required to have in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder."
     3. All of the three- (3) above conditions are required to be satisfied in accordance with the Florida Statutes.  The filing of the disclosure form with the Supervisor of Elections of Sarasota County is the sole responsibility of the bidder and must be filed prior to or at the time of submission of the bid.  A copy of the completed disclosure form shall be submitted to the Manager of the Purchasing Department prior to or at the time of submission of the bid.  Failure of the bidder to comply with the provisions of this paragraph may result in the rejection of the bid.
  3. Non-government Conflicts
     1. A proposer shall not submit a response or enter into a contract with the City of Sarasota if the contract would result in the proposer having a conflict of interest.  As used herein, the term conflict of interest shall mean:
        1. The proposer’s contract with another customer or entity will be averse to the interest of the City of Sarasota; or
        2. There is a significant risk that the interest of the City of Sarasota will be materially impacted by the proposer's responsibilities to a current customer or entity, a former customer or entity or any other third party.
        3. When a proposal is submitted pursuant to the CCNA, the conflict of interest standards set forth in the National Society of Professional Engineers Code Part II, Rules of Practices related to engineering services; the Code of Ethics - The American Institute of Architects and the NCARB - National Council of Architectural Registration Boards Code of Ethics related to architectural services shall each be applicable in determining whether a conflict of interest exists.
     2. Notwithstanding the existence of a conflict of interest under paragraph (C-1), a proposer may submit a proposal and enter into a contract with the City of Sarasota if:
        1. The proposer reasonably believes that the they will be able to provide competent and diligent representation to each affected customer or entity and;
        2. The conflict of interest is not prohibited by law and;
        3. The proposal or contract does not involve the assertion of a claim by one customer or entity against another represented by the proposer in the same project or other proceeding involving State or Federal agencies; and
        4. Each affected customer or entity gives informed consent, confirmed in writing by the Purchasing General Manager.  
     3. It shall be the sole responsibility of the Purchasing General Manager to determine if the criteria applicable to a conflict of interest or exception from the same have been met.
• LIQUIDATED DAMAGES, PENALTIES, AND NON-CONFORMANCE TO CONTRACT —
  1. Liquidated Damages (Construction) Liquidated damages will be assessed to the contractor/vendor for each consecutive calendar day completion of the project or work is delayed. Liquidated damage is specified in the scope of work or
     specification.
  2. Attorney's Fees
     Should it become necessary for the City to bring any action against the successful bidder to enforce
     any of the covenants, provisions or conditions of the agreement, the successful bidder will pay all
     costs attendant thereto, including reasonable attorney's fees to the attorney.
• RESERVED RIGHTS —
  1. The CITY reserves the right to accept or reject any or all responses, in whole or in part, for any reason whatsoever, to waive minor irregularities and technicalities, and to request resubmission.  Also, the CITY reserves the right to accept all or any part of the responses and to increase or decrease quantities to meet additional or reduced requirements of the CITY.  Any sole response received by the submission date may or may not be rejected by the CITY depending on available competition and current needs of the CITY. 
     1. The Purchasing General Manager may set as a minimum, the number of responses to accept for consideration of evaluation or award of a contract.  This decision will be made based on Purchasing Division Policy and City Procurement Code and statutes.  However, the Purchasing General Manager may determine that a single response is acceptable.
  2. To be responsive, a Respondent shall submit a response which conforms in all material respects to the requirements set forth in the solicitation.  To be a responsible Respondent, the Respondent shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.  Also, the CITY reserves the right to make such investigation, as it deems necessary to determine the ability of any proposer to deliver the goods or service requested.  This information may be obtained from the Respondent or any credible source.  All information requests will be done through the Purchasing Division.  Such information may include but shall not be limited to current financial statements, verification of availability of equipment and personnel, and past performance records.
     1. The CITY may disqualify a Respondent from being awarded a CITY contract if the Purchasing General Manager determines, after an investigation, that the Respondent is “not responsible,” based on a poor performance record with the CITY, a lack of adequate equipment and personnel, insufficient financial wherewithal, or other factors that indicate the Respondent is not capable of performing the contract.
     2. Respondents are hereby notified that Section 287.05701, Florida Statutes, requires that the City of Sarasota may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor (effective 07-01-2023).
     3. Respondents are required to submit their prices, if pricing is required, on the pricing forms supplied by the CITY in the solicitation document.  Responses, at the sole discretion of the CITY, may be deemed non-responsive if these solicitation forms are not used and duly signed by an authorized representative of the Respondent.
  3. Unless otherwise stated in this solicitation specification, any contracts resulting from this solicitation are non-exclusive.  The CITY reserves the right, in its sole opinion, to purchase goods or services listed in this solicitation through the State of Florida Contracts, cooperatives, other current government contracts, and non-profit contracts as provided in the City of Sarasota Purchasing Policy and City Procurement Code.  The CITY reserves the right to solicit separate requirements that are a portion of a larger contract as a whole.  Additionally, at the CITY’s sole option, additional contracts may be entered into as a result of such situations as unusual volumes, time/delivery requirements, special requirements, other brands, lease, project specific requirements, or similar situations.    
  4. After award of this solicitation, the CITY reserves the right to add or delete items/services at prices or terms to be negotiated at the time of addition or deletion.  At contract renewal time(s) or in the event of significant industry wide market changes, the CITY may negotiate justified adjustments such as price, terms, etc., to the contract when the CITY, in its sole judgment, considers such adjustments to be in the best interest of the CITY.  The City of Sarasota may or may not require the prospective Respondent to participate in negotiations and to submit additional technical information or other revisions to their response as may result from the negotiations.
  5. If the contract awarded as a result of this solicitation is terminated, the CITY reserves the right to go to the next lowest responsive Respondent with the balance of the contract, unless otherwise stated in the solicitation specification.
  6. The City of Sarasota reserves the right to refuse to award to any Respondent based upon prior contractual relationships between that Respondent, or a substantially related person or entity, and the CITY.  This shall include, but is not limited to, situations in which the Respondent or, a substantially related person or entity, has had its contractual relationship with the CITY terminated or issued notice of default within three (3) years of the date of the issuance of this solicitation.
  7. The CITY reserves the right that any company or subcontractor of that company that will have access to CITY facilities or property may be required to be screened to a level that may include but is not limited to, fingerprints, statewide criminal and juvenile records check. There may be fees associated with these procedures.  These costs are the responsibility of the company or subcontractor of that company.    
• APPLICABLE LAWS —
  1. Respondents must be authorized to transact business in the State of Florida.  A copy of the Registration Certificate and information should be submitted with response but is not required. Registration must be completed before a contract can be signed.  Applicable provisions of all federal, state, county and local laws and of all ordinances, rules and regulations shall govern development submittal and evaluation of all responses received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a response hereto and the City of Sarasota, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise.  Lack of knowledge by any Respondent shall not constitute a knowable defense against the legal effect thereof.  This includes any revisions or as amended thereof.  Any involvement with the City of Sarasota shall be in accordance with but not limited to:  
     1. City Administrative Regulation and Ordinances
        1. City of Sarasota Procurement Code
        2. Administrative Approval of Contracts, Ordinance 03-4440 and 07-4763
        3. Amends administrative approval of contracts for City Manager, Director of Finance, and the Purchasing General Manager, Ordinance 07-4763 
        4. Travel Policy, Administrative Regulation 024.A008.0623
     2. Florida State Statutes
        1. Florida State Statute Chapter 287, Procurement of Personal Property and Services
        2. Pursuant to Florida Statutes Section 119.071, Public Records, General exemptions from inspection or copying of public records, sealed responses received by the CITY.  Pursuant to this, solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I, of the Florida Constitution, until such time as the agency provides notice of a decision or intended decision pursuant to s. 119.071(2) or within 30 days after responses opening, whichever is earlier.
        3. It shall be the responsibility of the Respondent to assure compliance with all other federal, state, county, or city codes, rules, regulations or other requirements, as each may apply.
• NEGLIGENCE OR BREACH OF CONTRACT DISCLOSURE —
  1. The Purchasing Division will conduct a due diligence search of completed or pending litigation going back approximately five years.
  2. Respondent may be required to provide additional information related to litigation related to negligence or breach of contract.
  3. Failure to provide additional information, as requested, could result in the Respondent being declared nonresponsive.
  4. Additionally, Respondents may be declared “not responsible” due to past or pending litigation that are relevant to the subject procurement such that they call into question the ability of the Respondent to assure good faith performance.  This determination may be made by the Purchasing General Manager, after consultation with the City Attorney.  
• AWARDS —
  1. The City of Sarasota, Florida, reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof.  The CITY reserves the right to reject any and all bids or to waive any minor irregularity or technicality in the bids received.  Award will be made to the lowest responsible and responsive bidder(s) within the category chosen for basis of award, taking into account Local Preference guidelines. 
     1. Respondents are hereby notified that Section 287.05701, Florida Statutes, requires that the City of Sarasota may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor (effective 07-01-2023).
  2. The CITY reserves the right to award to one or multiple bidders at the discretion of the requesting authority and approval of the Purchasing General Manager.
  3. Award of Contract, if made; will be to the lowest responsible and responsive bidder(s), taking into account Local Preference guidelines.  In reviewing bids submitted, the CITY shall take into consideration, when determining the lowest responsible and responsive bidder(s), the extent of compliance by each bidder with the requirements of the Diversity Procurement Program.  
  4. In respect to the bids, the CITY shall make such recommendations to the City Commission, if applicable, as they shall deem proper, at the earliest practicable meeting of the City Commission.  The City Commission shall elect to reject all bids, accept the bid of the lowest responsible and responsive bidder, or re advertise the project for new bids.  In the event the lowest responsible and responsive bid for a project exceeds the available funds, the CITY, may negotiate an adjustment of the bid price with the lowest responsible and responsive bidder, in order to bring the total cost of the project within the amount of available funds.
  5. If alternates are included in the bid sheets, bid will be awarded based on unit pricing of the base bid.
• TAXES —

  This section may not be applicable to all solicitations.  The City of Sarasota does not pay Federal Excise and State Taxes on direct purchases of tangible personal property or services.  An exemption certificate will be provided to the contract holder upon issuance of a purchase order.  This exemption does not apply to tangible personal property or services purchased by a contract holder for their use in the performance of an awarded contract based on this solicitation.  Nothing herein shall affect the Respondent's normal tax liability.  The CITY reserves the right, at the CITY's sole option, to issue Direct Purchase Orders for applicable supplies and equipment to be utilized in this project or service.

• PAYMENTS, RETAINAGE, SUB-CONTRACTORS —
  1. Partial payments for each calendar month may be made to the contractor/vendor by the CITY of Sarasota upon basis of a duly certified approved estimate (construction) or invoice of the work
     performed, and materials furnished by the contractor/vendor during the preceding calendar month.
  2. Retainage (Construction only)
     1. The City of Sarasota will retain no less than five percent (5%) of the amount of each partial payment. Upon request for all approved and completed work, the CITY may reduce, or release retainage provided there are no unpaid amounts subject to a good faith dispute. If work has
        been completed to a level satisfactory to the City, retainage may be reduced as approved by the Purchasing General Manager. Requests for payment shall be submitted on the forms supplied by the City Purchasing Division. They will approve or deny the request for payment within fifteen (15) days of receipt of a properly prepared request for payment form. If denied, they shall state the reasons thereof and indicate what corrective action is needed. Payment
        shall be due thirty (30) days from the date of the approved pay application. The CITY will endeavor to have all required signatures within those 30 days.
  3. Certification of Payment to Sub-Contractors (Constructions Only)

     1. Prior to receipt of any partial payment, the prime contractor/vendor shall certify that all sub-
        contractors having an interest in the contract have received their pro rata share of previous partial payments to the prime contractor/vendor for all work completed, and materials
        furnished in the previous period. This certification shall be in the form designated by the CITY. The term "sub-contractor", as used herein shall also include persons or firms furnishing
        materials or equipment for the project, for which partial payment has been made by the CITY and work done under equipment-rental agreements.

     2. The CITY shall not make any partial payments after the initial partial payment until the
        contractor/vendor provides said certification, unless the contractor/vendor demonstrates good
        cause for not making any required payment and furnishes written notification of any such good
        cause to both the CITY and the affected sub-contractors and suppliers.
     3. Within 30 days of receipt of the initial partial payment or any other payments received
        thereafter except the final payment, the contractor/vendor shall pay all sub-contractors and
        suppliers having an interest in the contract their pro rata shares of the payment for all work
        completed and materials furnished, unless the contractor/vendor demonstrates good cause for
        not making any said required payment and furnishes written notification of any such good
        cause to both the CITY and the affected sub-contractors or suppliers within said 30-day period.
     4. Failure on the part of the contractor/vendor to furnish partial payment forms covering all partial payments made to subcontractors, within thirty (30) days after contractor/vendor receives final partial payment, will be considered a sufficient ground for the City Manager to
        terminate the contract under the provisions of the contract relating to a breach of contract by the contractor/vendor.
     5. The successful bidder shall submit prior to contract executions, the name and address of each
        subcontractor to whom the bidder proposes to subcontract a portion of the work, and shall list
        each subcontractor, licensed by the State of Florida, proposed by the bidder, to specially
        fabricate and install any portion of the work. Said list shall include a description of the portion
        of the work, which will be done by each subcontractor. A form (Form# 13) for listing the
        subcontractors as required is attached and is required to be returned with the bid.
  4. Final Estimate and Payment
     When the work has been completely performed by the contractor/vendor and approved by the
     Department Director, the unpaid balance for completed work of the contract, less any sums that may be deducted or retained (construction only) under the provisions of the contract, will be paid
     to the contractor/vendor within thirty (30) days of the said date of approval.
  5. Affidavit of Claims (constructions only)
     The contractor/vendor shall have furnished to the CITY a sworn affidavit to the effect that all claims of whatever nature incurred on the work have been paid and that no suits are pending in
     connection with the work done under this contract, and also providing that the contractor/vendor shall include a certificate from the Department Director stating that the work performed is satisfactory.
  6. As-built (red line) Drawings (constructions only)
     Contractor/Vendor is responsible for providing completed as-built (red line) drawings for specified projects in a City specified form and format whether it is a fixed project, or a project completed
     under a continuing services contract task order. This task shall be completed at no additional cost to the City. Failure to provide such drawings within ninety (90) calendar days of the project’s
     substantial completion may result in final payments, in an amount not less than ten (10) percent of the final total contract amount, being withheld until such drawings are provided to and approved by the City.
• ERRORS AND OMMISSIONS —
  1. In the event of multiplication/addition error(s), the unit price shall prevail.  Written prices shall prevail over figures where applicable.  All responses shall be reviewed mathematically and corrected, if necessary, using these standards, prior to additional evaluation. 
  2. Approval by CITY of the successful Respondent’s work product for the project shall not constitute nor be deemed a release of the responsibility and liability of the successful Respondent for the accuracy and competency of the successful proposer’s designs, drawings, specifications or other documents and work pertaining to this solicitation.  Additionally, approval by the City of the successful Respondent’s work product shall not be deemed to be an assumption of drawings, specifications or other documents prepared by the successful Respondent for the project.  After acceptance of the final plans, scope of work or other documents by the CITY, the successful Respondent agrees, prior to and during the execution of the project scope, to perform such successful services, at no additional cost to the CITY, as may be required by the CITY to correct errors or omissions on the plans, drawings, scope of work or other services prepared by the successful Respondent pertaining to the solicitation.
• PUBLIC ENTITY CRIMES —

  In accordance with Chapter 287, Florida Statutes, Procurement of Personal Property and Services, Section 287.133, Public entity crime; denial or revocation of the right to transact business with public entities.  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 response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases or real property to a public entity, may not be awarded or perform work as a Contractor/Vendor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

• SAMPLES —

  Samples of items when called for must be furnished free of expense on or before bid opening time and date, and, if not destroyed, may, upon request, be returned at the bidder's expense.  Each individual sample must be labeled with bidder's name, manufacturer's brand name and number, bid number and item reference.  Request for return of samples shall be accompanied by instructions, which include shipping authorization and name of carrier, and must be received within ninety (90) days after bid opening date.  If instructions are not received within this time, the City of Sarasota shall dispose of the commodities.

• HUMAN TRAFFICKING —

  In accordance with Florida Statutes § 787.06(13), when a contract is executed, renewed, or extended between a non-governmental entity and a governmental entity, the non-governmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the non-governmental entity under penalty of perjury attesting that the non-governmental entity does not use coercion for labor or services.  The awarded vendor shall provide the City with the non-coercion affidavit in the form provided by the City.

• PREFERABLE PRODUCTS —
  1. Environmentally Preferable Products
     The City of Sarasota is committed to the procurement of products and services that minimize negative environmental and social impacts and emphasize long-term values.  Preference shall be given to products and services that have a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose.  This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.
  2. Buy America
     The City of Sarasota is committed to the procurement of products and services that are produced or manufactured in America.  We encourage all contractor/vendors to buy American made materials and products.
• DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY —
  1. In accordance with Florida State Civil Rights Act of 1992.
  2. An entity or affiliate who has been placed on the State of Florida’s Discriminatory Vendor List (This list may be viewed by going to the Department of Management Services website at http://www.dms.myflorida.com.) may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, vendor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.
  3. The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state. 
  4. It is the policy of the City of Sarasota to assure that applicants are employed, and that employees are treated during employment, without regard to their age, race, religion, color, national origin, sex, or disability.  Such action must include employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training.
• ROYALTIES AND PATENTS —
  1. The Respondent, without exception, shall indemnify and save harmless the CITY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention process, or article manufactured by the Respondent.  The Respondent has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the Respondent is based solely and exclusively upon the CITY alteration of the article.  The CITY will provide prompt written notification of a claim of copyright or patent infringement.
  2. Further, if such a claim is made or is pending, the Respondent may at its option and expense procure for the CITY the right to continue use or replace or modify the article to render it non-infringing.  If none of the alternatives are reasonably available, the CITY agrees to return the article on request to the Respondent and receive reimbursement if any as may be determined by a court of competent jurisdiction.  If the Respondent uses any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the response prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work
• WORKING HOURS —

  Construction Hours. Work hours will be in accordance with City of Sarasota Ordinance 03-4416 unless otherwise stated in the scope of work or technical specifications. Construction, drilling,
  repair, alteration, demolition, land clearing or landfilling operations between the hours of 6:00 a.m. and 9:00 p.m. on weekdays or between 9:00 a.m. and 9:00 p.m. on weekends or holidays for which
  all required permits have been issued, provided that the equipment involved is operated in accord with the manufacturer's specifications and with all manufacturer's sound-reducing equipment in use and in proper operating condition.

• PURCHASING COOPERATIVE —

  It is the intent of this solicitation to include requirements and to obtain responses on behalf of the City of Sarasota and reserve the right for the entities belonging to the Sarasota Bay Chapter of NIGP to obtain purchases from this solicitation.  This opportunity is also made available to any and all local, County, Public Educational Institutions, non-profits, and the State of Florida.  Pursuant to their own governing laws, and subject to the agreement of the vendor, other entities may be permitted to make purchases at the terms and conditions contained herein.  The City of Sarasota will not be financially responsible for the purchases of other entities from this solicitation.

• USE OF CITY PROPERTY AS STAGING AREA —

  City property may be used during a project for a staging area. The vendor will be required to negotiate a separate agreement for use of this property. The staging agreement will be considered
  part of the project contract for the purpose of default. If the vendor fails to restore the property to its original status or meet other conditions as required by the staging contract, then the project retainage and/or balances due the contractor may be withheld until the terms of the staging contract are met. In addition, the contractor will provide a separate certificate of insurance naming the City of Sarasota as an additional insured. The project name and number that the staging
  contract is associated with must be listed in the remarks section of the certificate of insurance.

• DELIVERY —

  Unless otherwise specified, all prices are to be FOB-Destination

• MINIMUM REQUIREMENTS —
  1. The individuals/firm warrants that they are fully qualified, with adequate personnel, resources, and experience to provide the products within a reasonable time.
  2. Registered under the State of Florida to perform the services required for this project.  Registration Certificate to be provided by the Florida Department of State, Division of Corporations, establishing your firm as eligible to conduct business in the State of Florida.  Please refer to website:   www.sunbiz.org
• PRE-SOLICITATION CONFERENCE —
  1. Failure to attend a mandatory or non-mandatory pre-solicitation conference will relieve the CITY of any responsibility to notify a Respondent of additional requirements unless those questions or requirements are identified in the conference are submitted in writing.
  2. Failure to attend a mandatory pre-solicitation conference will result in the Respondent being considered non-responsive.
  3. Pre-solicitation conferences maybe held electronically, by phone conference or webinar depending on the nature of the solicitation and as determined by the Purchasing General Manager.
• EMERGENCY SERVICES —

  Contractors/Vendor shall have contingency plans to ensure that Services continue during emergency periods such as, but not limited to, major equipment breakdown, severe weather conditions, power outages and traffic disruptions. Indicate your continuity of operation plan for ensuring services during emergencies.  Contractor/Vendor shall acknowledge this on Form #1.  If the contractor/vendor is unable to provide emergency services, this may be waived at the sole discretion of the Purchasing General Manager.  Emergency Services may be negotiated as separate pricing.

• FUNDING —

  Solicitation is subject to the appropriation of funds in an amount sufficient to allow continuation of the CITY’s performance in accordance with the terms and conditions of this solicitation.  The CITY shall provide prompt written notice to the Respondent that sufficient funds have not been appropriated to continue its full and faithful performance under the terms of this solicitation, and shall, effective thirty (30) days after giving such notice or upon the expiration of the time for which funds were appropriated, whichever occurs first, be thereafter released of all further obligations in any way related to the solicitation.

• END —

  END OF SECTION

• SUBCONTRACTING —
  1. Respondent shall obtain prior written approval of subcontractors and the work they will perform as stated in the scope of work. A subcontractor is defined as any entity performing work within the scope of the solicitation or project who is not an employee of the Respondent.
  2. Respondent shall supervise, inspect, and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents.  Respondent shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.  All work performed for Respondent by a subcontractor or supplier will be pursuant to an appropriate agreement between Respondent and the subcontractor or supplier which specifically binds the subcontractor or supplier to the applicable terms and conditions of the Contract Documents for the benefit of CITY.  Respondent shall be fully responsible to CITY for all acts and omissions of the subcontractors, suppliers, and other individuals or entities performing or furnishing any of the work just as Respondent is responsible for Respondent’s own acts and omissions.  
• TRAVEL EXPENSE —

  Travel expenses, if approved by the CITY, will be reimbursed in accordance with the City of Sarasota Administrative Regulation 024.A008.0623: “Travel Policy” whether the resulting contract provides for a different method.

• PUBLIC RECORDS —

  Respondent acknowledges that all information contained within its response is a public record, as defined in Chapter 119, “Public Records”, of the Florida Statutes.  No information should be labeled confidential unless exempted under said laws.

• INVOICING —

  All invoices must contain the purchase order number, required identification information, and reflect the Contract prices, terms, and conditions.  Invoices containing deviations or omissions will be returned to the Respondent for correction and resubmission.  Vendors shall not perform any service or provide products until they have been issued an approved Purchase Order.

• TIME EXTENSION —
  1. Time Extension. The CITY may extend this Contract up to one hundred eighty (180) days beyond the expiration date of the existing contract.  The price in effect on the last day of the contract shall remain in effect for the contract extension period.  Additional extensions shall be subject to agreement of both parties.
     
     
  2. Continuation of Work. Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the CITY and the successful Respondent, continue until completion at the same prices, terms and conditions.   This must be approved in advance by the Purchasing General Manager or designated representative.
• RIGHT TO AUDIT —

  The awarded Respondent shall maintain such financial records and other records as may be prescribed by the City of Sarasota or by applicable federal and state laws, rules, and regulations.  The awarded Respondent shall retain these records for a period of five years after final payment, or until they are audited by the City of Sarasota, whichever event occurs first.  These records shall be made available during the term of the contract and the subsequent five-year period for examination, transcription, and audit by the City of Sarasota, its designees or other authorized bodies.

• E- VERIFY —
  1. Awarded Respondents should utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the awarded Respondent during the term of the contract; and shall expressly require any subcontractors performing work or providing services pursuant to the contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.
  2. (as of January 1, 2021) By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated because of a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.
  3. A public agency must require in any contract that the contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor.  A public agency or a contractor or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.” (effective 07-01-23).
• PROTEST PROCEDURES —

  Protest procedures will be conducted in accordance with the City of Sarasota Procurement Code Section 2-366.

• INSURANCE —
  1. The awarded Respondent, prior to the signing an Agreement and before starting any work on this Agreement, shall procure and maintain, during the life of this Agreement, the insurance coverage listed below.  The policies of insurance shall be primary and written on forms acceptable to the CITY.  The policies shall be placed with an insurance carrier approved and licensed by the Insurance Department of the State of Florida and that meets a minimum financial A. M. Best Company, Inc. or approved alternate rating of no less than “A”, Excellent.  The CITY will accept a minimum rating for Worker’s Compensation Insurance of “B+, Good”.   The NAIC number for all Insurers will be noted to the right of the insurer’s name in the section provided on the certificate of insurance.  The City of Sarasota will not accept any indication or evidence of self-insurance made by the awarded Respondent, as it applies to any of the required insurance coverage.  The Purchasing General Manager, or designee, reserves the right to waive, downgrade or upgrade, or suspend requirements as determined to be in the best interest of the CITY.  Any and all fully executed contracts will require that the awarded Respondent be fully insured per the terms and conditions as follows herein:
     1. Mandatory Insurance Requirements
        1. Worker’s Compensation. Worker’s Compensation Insurance on behalf of all employees who are to provide a service for this Agreement, as required by Florida Statues Chapter 440 and Employers Liability with limits of not less than $100,000 per employee accident; $500,000 disease aggregate; and $100,000 employee per disease.
        2. Commercial General Liability. Including but not limited to bodily injury, property damage, and personal injury, with limits of not less than One Million Dollars combined single unit per occurrence, Two Million Dollars per location aggregate plus property damage insurance in the minimum amount of Five Hundred Thousand Dollars covering all work performed.
        3. Automobile Liability
           Including bodily injury, property damage liability for all vehicles owned, hired, leased, and non-owned, with limits of not less than One Million Dollars combined single unit per occurrence, $500,000.00 property damage and Two Million Dollars aggregate covering all work performed. 
     2. Additional or Option Insurance (Depends on project requirements.)
        1. Umbrella Liability. N/A unless being used to meet underlying coverage requirements.
        2. Liquor Liability
           All vendors serving alcohol as a result of the solicitation will be required to obtain Liquor Liability insurance.
        3. Miscellaneous Insurance - All other types of insurance as required by the scope of work or specifications
        4. Professional Liability 
           If applicable, in the minimum amount of One Million Dollars. CCNA Consultants must have this insurance coverage.
        5. Hazardous Material
           If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure.  However, if hazardous materials are identified while carrying out this Agreement, no further work is to be performed in the area of the hazardous materials until the Project Manager and City’s Risk Management Department has been consulted as to the potential need to procure and maintain any or all of the following coverage through a change order to the project.
        6. Contractor/vendor’s Pollution Liability
           For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under this Agreement including, but not limited to, all hazardous materials identified under this Agreement.
        7. Asbestos Liability
           For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under this Agreement.
        8. Disposal
           When applicable, the Contractor/vendor shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance covering liability for sudden and accidental occurrences in an amount not less than $1,000,000 per claim and $2,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $1,000,000 per claim and $2,000,000 in the aggregate.
        9. Hazardous Waste Transportation
           When applicable, the Contractor/vendor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability Insurance and Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $2,000,000 annual aggregate and provide valid EPA identification number.  The Certificates of Insurance (COI) shall clearly state the hazardous materials exposure work being performed under this Agreement.
        10. Builder’s Risk When applicable, special form coverage shall include, but not be limited to:
            1. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to this Agreement.
            2. Theft coverage.
            3. Waiver of Occupancy clause endorsement.
            4. Limits of insurance to equal 100% of the insurable completed agreement amount of such additions, or structures, on an agreed amount/replacement cost basis.
            5. Maximum deductible clause of $50,000 each claim.
     3. Additional Insured. The City of Sarasota, its elected and appointed officials, employees and agents shall be listed by endorsement as additional insured, except for worker’s compensation and professional liability.  Further, other designated persons or entities may be required to be listed as additional insured.
     4. Certification of Insurance. Awarded Respondent, prior to providing any services pursuant to this Agreement, shall furnish to the CITY proof of insurance, including, but not limited to a Certificate of Insurance referencing the City of Sarasota as “additional insured”, except for worker’s compensation and professional liability, and the effectiveness of all required insurance for awarded Respondent, and each of its subcontractors.  The certificates of insurance shall state that the CITY will be notified in writing at least thirty (30) days prior to cancellation, non-renewal or any other modification of any policies required of awarded Respondent.  No work shall commence under this Agreement until the CITY’s authorized representative has given written approval of the insurance certificates.  Additionally, awarded Respondent has an affirmative obligation throughout the entire term of this Agreement to provide the City Manager and the Purchasing Division, 1565 1st Street, Room 205, Sarasota, Florida 34236 evidence of the continuation of all policies required of the awarded Respondent by this Agreement.   As such, as each policy of insurance is renewed, proof thereof must be provided in writing to the City Manager and the Purchasing Division, 1565 1st Street, Room 205, Sarasota Florida 34236.  All insurance documents must show the solicitation number and title description and indicate that the awarded Respondent’s insurance is the prime insurance.  CITY suggests that awarded Respondent obtain all policies on an occurrence form basis.  If, however, the awarded Respondent determines to obtain claims-made policies, Respondent shall be required to assure that the policy dates run concurrently throughout the entire term of this Agreement and Respondent shall be required to maintain “tail” coverage at the Respondent’s own expense for a period of time as directed by the City Manager.
        1. Additional insurance requirements may be noted in the scope of work or specifications.  These insurance requirements will be in addition to those stated in these Terms and Conditions and not a replacement.
• CONTRACT ADMINISTRATION AND SITE REVIEW —
  1. The Respondent shall carefully examine the site of the work and the contract documents for the work contemplated, and it will be assumed that the Respondent has investigated and is fully informed of the conditions and obstructions to be encountered, of the character, quality, and quantities of work to be performed and materials to be furnished and of the requirements of the contract documents.  The Respondent shall inform themselves fully of the conditions under which the work is to be performed in relation to construction, services, commodities, and labor conditions.  Failure to do so will not relieve a successful Respondent of their obligations to furnish all materials, equipment, and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work or deliver the requested product or service for the consideration set forth in their response.  Contracts may have more than one department or entity participating.  Each participant will issue individual purchase orders and will be billed separately.
  2. Ownership of Documents. It is understood and agreed that all documents, including detail reports, plans, original tracings, specifications, and all data prepared or obtained by the successful proposer in connection with its services hereunder, including all documents bearing the professional seal of the successful proposer, there under shall be delivered to and become the property of the CITY, prior to final payment to the successful Respondent at the termination of the agreement. 
  3. Notice to Proceed (NTP) and Pre-Construction/Kickoff Meetings
     1. Single Project
        All single (one-time solicitation) projects will have a notice to proceed (NTP) issued by the Purchasing Division before a purchase order can be issued.  The notice to proceed (NTP) letter will be dated the same date as the pre-construction or kickoff meeting.  The date of the NTP Letter and the Date in which work is to start can be no more than 30 days apart, unless otherwise approved by the Purchasing General Manager, or designee. 
     2. Continuing Services
        A continuing service contract with a task order $50,000.00 or less will use the purchase order as the notice to proceed.  The date of the purchase order will be the project start date.  The number of days to complete the project or the project final completion date must be annotated on the purchase order.  For a task order over $50,000.00 a formal notice to proceed (NTP) must be issued by the Purchasing Division in accordance with paragraph 28.3.1
  4. Work Progress and Delays
      The City Manager shall be entitled at all times to be advised in writing, at his request, as to the status of work being done by the successful Respondent and the details thereof.  In the event the successful Respondent cannot satisfy the deadline specified in the project schedule, then it shall notify the City Manager in writing at least seven (7) days prior to such deadline of the reason for the delay.  In the event the cause of the delay is due to delay by the CITY or regulatory agencies as to the approval of any plans or permits submitted by the successful Respondent, when such delay will result in an overall delay of the project completion date, the City Manager shall grant to the successful Respondent, in writing, an extension of the agreement time equal to the as aforementioned delays.  The City Manager shall be solely responsible for determining whether any extension of time should be awarded to the successful Respondent.
• TERMINATION OF CONTRACT —

  The City of Sarasota reserves the right to terminate any contract, at any time, with or without cause.

  1.  Termination for Default. Awarded Respondent acknowledges that the conditions, covenants and requirements on its part to be kept, as set forth in the contract, are material inducements to CITY entering into an agreement.  Should awarded Respondent fail to perform any of the conditions, covenants and requirements of its part to be kept, the City Manager shall give written notice thereof to the awarded Respondent specifying those acts to things which must occur in order to cure said default.  Provided, however, if awarded Respondent makes a good faith effort by taking steps to substantially cure the default, the City Manager may grant the awarded Respondent additional time to cure such default as he deems warranted in his sole discretion.  Should the default remain, upon expiration of the time granted to cure the same, the City Manager may terminate the agreement, by written notice of termination, said notice specifying the time and date of termination.
  2. Termination for Convenience
     The performance of work under the contract may be terminated by the City Manager in whole or in part whenever the City Manager determines that termination is in the City of Sarasota’s best interest.  Any such termination shall be affected by the delivery to the awarded Respondent in a written notice of termination at least fifteen (15) days before the date of termination, specifying the extent to which performance of the work under the contract is terminated and the date upon which such termination becomes effective.  After receipt of a notice of termination, except as otherwise directed, the awarded Respondent shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders or subcontracts for material, services, or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts; and settle all outstanding liabilities and claims. 
  3. Payment and Ownership of Documents upon Termination
     In the event of termination of the agreement, the vendor shall cease work and shall deliver to the CITY all documents including reports and all other data, materials prepared or obtained, by the vendor in connection with the project, including all documents bearing the professional certification.  The awarded Respondent shall reimburse the CITY for any stored items that the CITY has previously purchased.  CITY shall upon delivery of the aforesaid documents, pay the awarded Respondent as full payment for its services hereunder, a sum of money equal to the percentage of the work done by the awarded Respondent and accepted as satisfactory by the CITY.
  4. Waiver
     Failure of the City to take any action with respect to any breach of any term, covenant or condition contained in the agreement, or any instance of default hereunder by the successful Respondent, should not be deemed to be a waiver of any default or breach by the CITY.
• INDEMNIFICATION —
  1. Non-Design Professional
     The CITY shall not be liable for any loss, injury, death or damage to persons or property, which at any time may be suffered or sustained by any person whatsoever arising from the negligent performance by awarded Respondent and its employees and agents of its obligations under the provisions of this agreement.  The awarded Respondent shall indemnify and hold harmless the CITY, and agents and employees against all claims, liabilities, loss, injury, death or damage whatsoever, including but not limited to attorney fees, on account/or arising out of or resulting from any negligent act or omission of the awarded Respondent in the performance of the work.  The CITY and awarded Respondent acknowledge that the first ten dollars ($10.00) of the compensation paid awarded Respondent for its work hereunder shall be deemed specific consideration for this indemnification.  Awarded Respondent shall fund the foregoing indemnification by providing the insurance coverage’s set forth below.
  2. Design Professional
     Awarded Respondent shall indemnify and hold harmless the CITY, its elected and appointed officials, officers, employees and agents, from liabilities, damages, losses and costs, including but not limited to reasonable attorney’s fee, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the awarded Respondent or any person employed or utilized by the consultant in the performance of the contract.  CITY and the awarded Respondent acknowledge that the first ten dollars ($10.00) of compensation paid awarded Respondent for its services hereunder shall be deemed specific consideration for the indemnification.
  3. Construction
     Provisions regarding construction contract indemnification are to be consistent with Section 725.06, Florida Statutes. Specifically, a monetary limitation on the extent of the indemnification is to be set at two times the project cost identified in any resulting construction agreement, as amended from time to time. In the event of any conflict between the terms set forth in the main body of such agreement, its exhibits and the solicitation documents, the terms and conditions set forth in the agreement will control, followed by the terms and conditions set forth in any exhibits, followed by the terms and conditions set forth in the solicitation documents.
• INSPECTION, ACCEPTANCE AND TITLE —
  1. Inspections and acceptance will be at destination unless otherwise provided.  Title and risk of loss damage to all items shall be the responsibility of the contract supplier until accepted by the ordering agency unless loss or damage results from negligence by the ordering agency.  The contract supplier shall be responsible for filing, processing and collecting all damage claims.  However, to assist them in the expeditious handling of damage claims, the ordering agency will:
     1. Record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading.
     2. Report damage (visible and concealed) to carrier and contract supplier, confirming such reports in writing, within fifteen (15) days of delivery, requesting that the carrier inspect the damaged merchandise.
     3. Retain the item and its shipping container, including inner packing material, until the carrier and disposition given by the contract supplier perform inspection.
     4. Provide the contract supplier with a copy of the carrier's Bill of Lading and damage inspection report.
  2. The awarded Respondent shall not assign, transfer, convey, sublet, or otherwise dispose of any or all of its rights, title, or interest therein, without the prior written consent of the City Manager.  
  3. All remedies therein before and therein conferred on the CITY shall be deemed cumulative and no one exclusive of the other, or any other remedy conferred by law.
• SCRUTINIZED COMPANIES —
  1. Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a response for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.  Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a response for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes or is engaged in business operations in Cuba or Syria
  2. At the time a company submits a bid or a proposal for a contract or before the company enters into or renews a contract with an agency or governmental entity for goods or services of $1 million or more, the company must certify that the company is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List or is engaged in business operations in Cuba or Syria.  This is a required form as part of the vendor registration with the City of Sarasota. 
• CONTRACTS FOR SERVICES (SECTION 119.0701, FLORIDA STATUTES) —
  1. This statute requires any public agency (which includes municipalities) to; in addition to other contract requirements provided by law, include a provision in each contract for services that requires the contractor to comply with the public records laws. Specifically, the contract must require the contractor to:
     1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.
     2. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
     3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.
     4. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency.
• DISCLAIMER OF JOINT VENTURE —

  The successful Respondent and CITY shall warranty and represent that by the execution of an agreement it is not the intent of the parties that the agreement be construed or deemed to represent a joint venture or an undertaking between CITY and the successful Respondent.  The successful Respondent shall be solely responsible for the conduct of all activities and services provided by the successful Respondent as part of its business operations.  While engaged in carrying out and complying with terms of the agreement, the successful Respondent is an independent contractor and not an officer or employee of the CITY.  The successful Respondent shall not at any time or in any manner represent that it or any of its agents or employees is employees of the CITY

• PUBLIC RECORDS —

  As required by Section 119.0701, Florida Statutes, RESPONDENT hereby specifically covenants to comply with the public records laws of the State of Florida.  RESPONDENT specifically covenants to:

  1. Keep and maintain public records required by CITY in order to perform the Project Scope of Services.
  2. Upon request from CITY, provide CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
  3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if RESPONDENT does not transfer the records to CITY.
  4. Upon completion of the Agreement, transfer, at no cost, to CITY all public records in possession of RESPONDENT or keep and maintain public records required by CITY to perform the Project Scope of Services.  If RESPONDENT transfers all public records to CITY upon completion of the Agreement, RESPONDENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.  If RESPONDENT keeps and maintains public records upon completion of the Agreement, RESPONDENT shall meet all applicable requirements for maintaining public records.  All records stored electronically must be provided to CITY upon request from CITY in a format that is compatible with the information technology systems of CITY.
  5. IF RESPONDENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RESPONDENTS’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
          SHAYLA GRIGGS, CITY AUDITOR AND CLERK
         SHAYLA.GRIGGS@SARASOTAFL.GOV
         (941) 954-4160
         1565 FIRST STREET
         SARASOTA, FL 34236
• END —

  END OF SECTION

Submission Requirements

• Offeror must have an active registration with the State of Florida Division of Corporations (Sunbiz) to do business in Florida. (required) —

  Complete and submit the Acknowledgement Form included in the solicitation documents.  All signatures must be provided by an authorized company representative.  The City will verify this registration.  Failure to submit this form may result in Offeror being declared non-responsive.

• INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS (required) —

  Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. See Part III, Chapter 112, Florida Statutes and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes (1983), provides certain limited exemptions to the above-referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; the public official has exerted no influence on bid negotiations or specifications; and where disclosure is made, prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. The Commission on Ethics has promulgated this form for such disclosure, if and when applicable to a public officer or employee.

  Is the above applicable to you?

• What office position do you hold? (required)
• The competitive bid to which this statement applies has been/will be (select one) submitted to the following government agency: City of Sarasota, FL (required)
• The person submitting the bid is: (required) —

  Include your full name and position

• The business entity with which the person submitting the bid is associated is: (required)
• My relationship to the person or business entity submitting the bid is as follows: (required)
• The realty, goods and/or services to be supplied specifically  include:  (required)
• The realty, goods and/or services will be supplied for the following period of time: (required)
• Will the contract be subject to renewal without further competitive bidding? (required)
• Non Collusion Affidavit: Will you submit your notarized affidavit electronically (select YES) or submit a notarized hard copy (select NO)? (required) —

  Offeror shall execute an affidavit, in the form provided by the City, to the effect that they have not colluded with any other person, firm or corporation regarding any response submitted.

  Either electronic or hard copy upload is acceptable. Using the electronic Notary Live submission process will cost approximately $25 paid to Notary Live for the service. You are not required to use this service and if you choose not to, simply select NO on this question to upload your notarized form. 

• Non Collusion Affidavit - Electronic Submission (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Non Collusion Affidavit - Hard Copy Submission (required) —

  Please download the below documents, complete, and upload.

• Notarized Public Entity Crimes Form: Will you submit your notarized Public Entity Crimes form electronically (select YES) or submit a notarized hard copy (SELECT NO)? (required) —

  Offeror has not been convicted of a public entity crime per Section 287.133, Florida Statutes or environmental law in the past five years.

  Either electronic or hard copy upload is acceptable. Using the electronic Notary Live submission process will cost approximately $25 paid to Notary Live for the service. You are not required to use this service and if you choose not to, simply select NO on this question to upload your notarized form. 

• Public Entity Crimes Form - Electronic Submission (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Public Entity Crimes Form - Hard Copy Submission (required) —

  Please download the below documents, complete, notarize, and upload.

• DRUG-FREE WORKPLACE CERTIFICATION (required) —

  Preference shall be given to businesses with drug-free workplace programs.  Pursuant to Section 287.087, Florida Statutes, whenever two or more competitive solicitations that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a response received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.  Established procedures for processing tie responses will be followed if none of the tied providers has a drug free workplace program.  In order to have a drug-free workplace program, a business shall:

  1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
  2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
  3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Subsection (1).
  4. In the statement specified in Subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 894, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
  5. Impose a sanction on any employee who is so convicted or require the satisfactory participation in a drug abuse assistance or rehabilitation program as such is available in the employee's community.
  6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of applicable laws, rules and regulations.

  I certify that this firm complies fully with the above requirements.

• Respondent FEIN (required)
• Scrutinized Companies Certification (required) —

  Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.  Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.  

  Certification:

  As the person authorized to sign on behalf of Respondent, I hereby certify that the company submitting this proposal is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

   

• Local Employee Certification (required) —

  The City of Sarasota tracks statistical information on employees hired in the local area.

  Complete and submit the Local Employee Certification.

  
  
  

• Subcontractors List (required) —

  Offeror shall provide a list of any subcontractors they intend to utilize.

  Complete and submit the Subcontractors List included in the solicitation documents.

• Reference List (required) —

  The City will send a reference survey to the references listed.

  Complete and submit the Contractor/Vendor References form included here.

  
  
  

• Bid Bond Form (required) —

  Please download the below documents, complete, and upload.

• Trench Safety Form (required) —

  Please download the below documents, complete, and upload.

• Conflict of Interest Statement (required) —

  Offeror, its principal(s), officers, agents, or proposed subcontractor(s) shall not have any conflicts of interest as it relates to this solicitation. 

  Attach a statement on company letterhead that discloses any conflict, or potential for conflict of interests, to include any City officer, employee, or attorney or their immediate family (parents, spouse, children) who is also an owner with more than 10 percent ownership interest in Offeror’s business, OR if no conflict of interest exists, provide a statement to that effect.

• Employer Identification Number -or- (2) Social Security Number: (required) —

  ** The City of Sarasota collects your social
  security number for tax reporting purposes.

• In submitting this Solicitation, the respondent makes all representations required by the Instructions to respondent and further warrants and represents that: Respondent has examined copies of all the Solicitation Documents and acknowledges that all addenda have been reviewed. (required)
• Emergency Priority Service (required) —

  In the event of an emergency, Respondent will provide priority service for the City of Sarasota.
  CONTINUITY OF OPERATION DURING EMERGENCY?

• Contract Affidavits (required) —

  Please download the below documents, complete, and upload.

• Good Faith in Response Confirmation (required) —

  The Respondent, hereby declares that no person or other persons other than the undersigned are interested in this Solicitation as Principal, and that this Solicitation is made without collusion with others; and that we have carefully read and examined the specifications, and with full knowledge of all conditions under which the services herein  is  contemplated  must  be  furnished,  hereby  propose  and  agree  to  furnish  this  service  according  to  the requirements set out in the specifications for said service for the prices as listed on the previous pages.

• Upload your pricing proposal (required)
• Delivery Address (required) —

  Please enter address for delivery. 

• Is a bid bond required? (required) —

  A bid bond is required for all construction projects greater than $200,000.

• Is this a contruction project which requires a trench safety form? (required)
• Do you want to include a pricing table or separate cost proposal? (required)

Questions & Answers