The City of Bradenton will receive bids on the date indicated in OpenGov for the purpose of selecting a Contractor to provide construction of Love Park, a neighborhood community pocket park of approximately 0.76 acre. The site has been demolished and cleared of all previous improvements. The scope of this project will include but not limited to, site grading, installation of hardscape features, installation of park amenities, landscaping, utility connections, installation of public art pieces, ADA compliance, and crime prevention through environmental design. The successful Bidder will be responsible for the complete construction of the park in accordance with the finalized design plans provided by Applied Sciences.
- SUBJECT TO THESE TERMS —
All Offers submitted are subject to the terms and conditions specified herein (the “Terms and Conditions”). Offers which do not comply with these conditions are subject to rejection. These Terms and Conditions are subject to the order of precedence set forth below.
- Summary —
The City of Bradenton will receive bids on the date indicated in OpenGov for the purpose of selecting a Contractor to provide construction of Love Park, a neighborhood community pocket park of approximately 0.76 acre. The site has been demolished and cleared of all previous improvements. The scope of this project will include but not limited to, site grading, installation of hardscape features, installation of park amenities, landscaping, utility connections, installation of public art pieces, ADA compliance, and crime prevention through environmental design. The successful Bidder will be responsible for the complete construction of the park in accordance with the finalized design plans provided by Applied Sciences.
- PURPOSE —
The City of Bradenton (“City”), a political subdivision of the State of Florida, will receive bids on the date indicated in OpenGov to select a Contractor to provide materials and/or services as stated herein. Bidders are required to comply with the Technical Specifications listed in the ATTACHEMENTS section of this IFB.
A public bid opening will be held in accordance with Florida Statutes Chapter 255.0518. The public bid opening will take place on the bid end dated and time listed in OpenGov, or as soon thereafter as possible. The location of the public bid opening will be posted in OpenGov and on the City’s Calendar of Events.
- BIDDER —
- For the purpose of this IFB, the term “Bidder” is defined as the legal entity submitting the bid and/or identified on the electronic bid submittal.
- Bidders intending to submit an offer as a joint venture with another company must provide documentation attesting to the formation of that joint venture with their submittal. For purposes of this solicitation, all vendors who make up the joint venture will be considered together as the Bidder.
- Bidders proposing to engage in construction contracting as a joint venture or partnership must apply for registration with the State of Florida, Department of Business and Professional Regulation and any other state or local licensing agencies, as required by Florida State Statute 489.119, prior to the date bids are due.
- Timeline —
- DEFINITIONS —
- City shall mean City of Bradenton
- Offer shall mean the response submitted by an offeror to the City’s solicitations
- Offeror shall mean the legal entity or individual submitting an Offer to the City in response to a solicitation. Offeror may also be referred to in solicitation documents as bidder, consultant, firm proposer, vendor or contractor.
- Solicitation shall mean a document or documents released by the City of Bradenton for the purpose of obtaining goods or services. Solicitation shall be considered the same as an Invitation for Bid (IFB), Request for Proposal (RFP) or any other title designated by the City to solicit goods or services.
- Evaluation Committee shall mean those individuals approved by the City Administrator, or designee, to evaluate Offers.
- ORDER OF PRECEDENCE —
If a conflict arises between these “Terms and Conditions”, the following ORDER OF PRECEDENCE will apply:
- Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services”
- City of Bradenton Procurement Code and Ordinances and Policies
- Special Conditions and Supplemental Instructions
- Detailed Scope of Work
- These Terms and Conditions
- CONTRACTOR QUALIFICATIONS —
- To be deemed responsible, Bidder must demonstrate they meet each criterion listed below.
- Some criteria may be satisfied by either bidder or subcontractor (when subcontractor is identified below).
- Bidder must be prepared to submit, within five (5) business days of the City’s request, written evidence of documents, such as financial data, additional data related to previous experience, qualifications and previous experience, qualification and previous experience of superintendents and assistants, and evidence of authority to conduct business in the jurisdiction where the project is located. The following criteria must be met:
- Bidder shall have completed a project that included grading, milling and site work (must be met twice).
- Bidder or subcontractor shall have completed a project included sidewalk and paving including ADA compliance. (must be met once)
- Bidder or subcontractor shall have completed a project included landscape and irrigation. (must be met once)
- Bidder or subcontractor shall have completed a project included playground, rubberized surface and shade structure installation (must be met once)
- At least one (1) of the project references for criteria C.1-4 above must have had a minimum cost of not less than $1,000,000.
- Demonstrated Experience Requirements - For each criterion met through demonstrated experience, the following requirements shall apply:
- The Bidder must be a licensed General Contractor, authorized to do business within the jurisdiction(s) where the project is to be constructed. License(s) must be active at the time of bid opening.
- Bidder must complete and submit with their bid a minimum of three (3) Contractor Qualification Form(s) (CQF) demonstrating their experience completing projects similar in size and scope to this project. When a subcontractor is used to qualify the Bidder, the subcontract must be listed on the CQF and be part of the Bidder’s team for the project.
- Each project reference must have been successfully completed within the last ten (10) years preceding the bid opening date and must have been for commercial, industrial or government projects.
- Only projects references submitted on the CQF at the time of bid submittal will be used to verify demonstrated experience.
- Contact Information —
| Nicholas Toth | Department: |
| Purchasing Analyst | CRA |
| nicholas.toth@bradentonfl.gov | |
| (941) 714-7504 | |
- ALTERNATES —
- Unless otherwise specifically provided in Technical Specifications listed in the ATTACHEMENTS section of this IFB, reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a minimum standard of quality and shall be construed as limiting competition.
- If a Bidder wishes to make a substitution in the specifications, the Bidder shall furnish to the City the name of the manufacturer, the model number, and other identifying data and information necessary to aid the City in evaluating the substitution. Any such substitution shall be subject to City approval. Substitutions shall be approved only if determined by the City to be equivalent to the prescribed specifications.
- To be considered, substitutions must be submitted to the contract listed in OpenGov no later than the Question-and-Answer deadline listed in OpenGov. Substitutions must be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, and appropriate attachments. The City shall respond via addendum in OpenGov indicating whether the substitution has been approved or denied.
- A bid containing a substitution that has not been approved by the City shall be disqualified.
- AVAILABILITY OF DOCUMENTS —
- All documentation related to the Solicitation shall be available through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/cityofbradenton.
- It is solely the responsibility of each Offeror to ensure they have obtained current copies of all documents issued by the City in relation to any Solicitation.
- Only documents obtained directly through https://procurement.opengov.com/portal/cityofbradenton are official versions. Offerors who rely on any other sources for such documents, do so at their own risk.
- PRE-BID CONFERENCE AND/OR SITE VISIT —
- A mandatory pre-bid meeting is scheduled for Monday, April 6, 2026 at 2:30 pm at Lobby Conference Room, 101 Old Main Street Bradenton, FL 34205
Optional Zoom Link:
https://us06web.zoom.us/j/84733873568?pwd=xtZGDjwCxNi4vnXzgEeXMbTOamUraE.1 .
- Failure by a Bidder to attend a mandatory pre-bid conference or site visit will result in their bid being considered non-responsive.
- When applicable, Bidders are advised to visit each location to familiarize themselves with all work areas. Failure to do so will in no manner relieve the Bidder from furnishing materials or services that may be required to carry out and complete the contract in accordance with the intent of the specifications listed herein.
- Questions asked at a pre-bid conference will be formally answered via an addendum. Bidders shall not rely on oral communications.
- CLARIFICATION & ADDENDA —
- Any inquires, suggestions or requests concerning interpretations, clarification or additional information pertaining to the Solicitation shall be submitted electronically via OpenGov. All questions must be received no later than the deadline for questions specified in the solicitation. No verbal requests for information will be honored. All responses to inquiries will be posted in OpenGov.
- The electronic response posted in OpenGov is the only official method whereby interpretations, clarifications or additional information will be provided. It shall be the responsibility of each Offeror, to visit https://procurement.opengov.com/portal/cityofbradenton and determine if addenda were issued and to make sure any such addenda are a part of the Offer.
- The City shall not be responsible for oral interpretations or representations made by City employees, representatives or third parties. Any questions raised at a pre-solicitation meeting will be formally answered in an addendum.
- By submitting an Offer, Offerors acknowledge receipt of any and all issues addenda, and agree to the provisions of each.
- PRE-BID CONFERENCE AND/OR SITE VISIT —
- A non-mandatory pre-bid meeting is scheduled for Monday, April 6, 2026 at 10:00 amat Lobby Conference Room, 101 Old Main Street Bradenton, FL 34205
Optional Zoom Link:
https://us06web.zoom.us/j/84733873568?pwd=xtZGDjwCxNi4vnXzgEeXMbTOamUraE.1.
- When applicable, Bidders are advised to visit each location to familiarize themselves with all work areas. Failure to do so will in no manner relieve the Bidder from furnishing materials or services that may be required to carry out and complete the contract in accordance with the intent of the specifications listed herein.
- Questions asked at a pre-bid conference will be formally answered via an addendum. Bidders shall not rely on oral communications.
- GOVERNMENTAL RESTRICTIONS —
In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered in the Solicitation prior to delivery, it shall be the responsibility of the Offeror to immediately notify the Purchasing Division in writing, indicating in such notice the specific regulation requiring an alteration. The City reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the resulting contract at no further expense to the City.
- PRE-BID CONFERENCE AND/OR SITE VISIT —
No pre-bid meeting is scheduled for this procurement.
- PUBLIC MEETINGS —
Notice of any public meeting pertaining to the Solicitation shall be posted on the City calendar.
- SUBMITTAL INSTRUCTIONS —
- Proposal must be submitted electronically in OpenGov no later than the bid end date specified in OpenGov. OpenGov will not accept any submittals past the due date and time. Proposals submitted by any other method will not be accepted. The City assumes no responsibility for any Proposals received after the bid end date. Late submittals will not be accepted.
- Proposals submitted cannot be viewed by anyone other than the Proposer until the official bid opening occurs. Submitted proposals will be made public in accordance with Florida Public Record laws found in Chapter 119.071(b)2, Florida Statutes.
- RESPONSIVENESS TO SOLICITATION REQUIREMENTS —
- To be responsive, an Offeror shall submit an Offer that conforms in all material respects to the requirements set forth in the Solicitation.
- Failure to submit the required forms and information in the manner specified may result in the Offer being found non-responsive, at the sole discretion of the City.
- Offerors are required to submit pricing on forms supplied by the City. Offers, may be deemed non- responsive if required forms are not used and duly sign by an authorized representative of the Offeror.
- The City objects to and shall not consider any additional terms or conditions submitted by an Offeror, including any appearing in documents attached as part of the Offer, that are inconsistent with these Terms and Conditions. In submitting an Offer, Offeror agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with the Terms and Conditions, including those specifying information that must be submitted with an Offer, shall be grounds for rejecting an Offer.
- QUALITY GUARANTEE —
- Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by any resulting contract shall be new and of the most suitable grade for the purpose intended.
- If any product/service delivered 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 solicitation, the Offeror shall pick up the product of the City at no expense to the City. The City reserves the right to reject any or all materials if, in its judgement, the item reflects unsatisfactory workmanship or manufacturing or shipping damage. Also, the Offeror shall refund the City any money which has been paid for same.
- SUBMITTAL REQUIREMENTS —
- Electronic Forms - The forms below are provided in the IFB SUBMITTAL REQUIREMENTS section. Failure to complete and submit any of the forms listed below with a submittal may cause a Proposer to be declared non-responsive.
- Interest in Competitive Bid Form
- Florida Trench Safety Act
- Non-Collusive Form
- Public Entity Crimes Form
- Negligence or Breach of Contract Form
- Anti-Human Trafficking Affidavit
- SunBiz Registration Documentation
- Lobbying
- Contractor Qualification Form(s)
- Bid Bond Form
- Certifications - The following certifications must be made in the IFB SUBMITTAL REQUIREMENTS section. Failure to certify will cause the Proposer to be declared non-responsive.
- Examination of Documents
- Scrutinized Companies
- Drug-Free Work Place
- Documents: In addition to the forms and certifications listed above, the documents listed below are provided and must be completed and uploaded as an attachment with your submittal. Failure to provide any of the required documents with your bid submittal may cause a Bidder to be declared non-responsive.
- Post Proposal shall be submitted through the PRICE PROPOSAL section of this IFB.
- SUBMITAL REQUIREMENTS —
- Electronic Forms - The forms below are provided in the IFB SUBMITTAL REQUIREMENTS section. Failure to complete and submit any of the forms listed below with a submittal may cause a Proposer to be declared non-responsive.
- Interest in Competitive Bid Form
- Florida Trench Safety Act
- Non-Collusive Form
- Public Entity Crimes Form
- Negligence or Breach of Contract Form
- Anti-Human Trafficking Affidavit
- SunBiz Registration Documentation
- Lobbying
- Contractor Qualification Form(s)
- Bid Bond Form
- Certifications - The following certifications must be made in the IFB SUBMITTAL REQUIREMENTS section. Failure to certify will cause the Proposer to be declared non-responsive.
- Examination of Documents
- Scrutinized Companies
- Drug-Free Work Place
- Documents: In addition to the forms and certifications listed above, the documents listed below are provided and must be completed and uploaded as an attachment with your submittal. Failure to provide any of the required documents with your bid submittal may cause a Bidder to be declared non-responsive.
- Post Proposals shall be uploaded in the IFB SUBMITTAL REQUIREMENTS section of this IFB.
- RESPONSIBILITY —
- To be responsible an Offeror shall have the demonstrated capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will ensure good faith performance. The City reserves the right to make such investigations as it deems necessary to determine the ability of any Offeror to deliver the goods or services requested in accordance with the Solicitation documents to City’s satisfactions within the prescribed time.
- The Offeror shall provide information the City deems necessary to make this determination. Such information may include, but not limited to: project references, current financial statements, projected project schedule(s), verification of availability of equipment and personnel, evidence of authority to conduct business in the jurisdiction where services are being provided, and past performance records.
- The City may review any scope of work with an Offeror before accepting the offer. Before award of a resulting contract, the Offeror shall furnish to the City an analysis of its prices, if requested to do so.
- PROPOSAL DELIVERY AND SUBMISSION REQUIREMENTS —
- All documentation related to the Solicitation shall be available through the City e-Procurement Portal located at https://procurement.opengov.com/portal/cityofbradenton.
- Trade Secrets – To the extent Offeror desires to maintain the confidentiality of materials deemed “trade secrets” pursuant to Florida law, such material must be segregated from the portions of the Offer that are not being declared as “trade secrets.” In addition, Offeror shall cite, for each trade secret being claimed on each relevant page, the Florida Statute which supports the designation. Further, Offeror shall offer a brief written explanation as to why information claimed as trade secret fits the cited statute number. Upon receipt of any request or demand by any person seeking release of Offeror’s “trade secrets”, the City shall immediately notify Offeror in writing of such request, demand or obligation. Offeror shall within three (3) business days either (i) at its own expense and time, seek or initiate an action to quash, limit, modify, narrow the scope of, and/or otherwise intervene, obtain a protective order and/or defend against, any requested disclosure if it objects to the request or (ii) advise the City that it has no objection to the disclosure. Offeror shall defend and indemnify the City against any action brought to compel compliance, and against any out-of-pocket expense, including, but not limited to court costs, all costs of litigation, attorney’s fees, fines, and statutory damages, to the extent arising from the City’s failure to consent to disclosure of the requested “trade secrets.”
- Solicitation Opening
- To the extent required by law, the opening of the Offers shall be publicly opened on the date and at the time specified on the Solicitation. It is the Offeror's responsibility to assure that the Offer is delivered at the proper time and place for the opening. Offers, which for any reason are not so delivered, will not be considered. Offers by fax or telephone are not acceptable. An Offer may not be altered after the opening of the Offers.
- All Offer documents shall be submitted in writing, signed by the Offeror or the Offeror's duly authorized agent, and shall be submitted as instructed on page one prior to the date and time scheduled for the opening of Offers.
- The Purchasing Manager, or designee, shall publicly open, in the presence of a witness, all Offers at the time and place specified in the Solicitation.
- An Offeror may withdraw an Offer any time prior to the opening of the Solicitation. After Solicitations are closed, but prior to award of the contract by the City Council or City Administrator, the City Administrator, or designee, may allow the withdrawal of an Offer because of the mistake of the Offeror in the preparation of the Offer. In such circumstance, the decision of the City Administrator, or designee, to allow the Offer withdrawal, although discretionary, shall be based upon a finding that the Offeror, by clear and convincing evidence, has met each the following four conditions:
- The Offeror acted in good faith in submitting the Offer,
- The mistake in the preparation of the Offer was of such magnitude that to enforce compliance by the Offeror would cause a severe hardship on the Offeror,
- The mistake was not the result of gross negligence or willful inattention by the Offeror; and
- The mistake was discovered and was communicated to the City prior to the City Council or City Administrator formally awarding the resulting contract.
- BOND REQUIREMENTS —
- Bid Bond
- Bidder must upload a copy of its Bid Bond with its submittal in the IFB SUBMITTAL REQUIREMENTS section of this IFB. Upon notification by the City, the apparent low bidder must deliver the original Bid Bond (or cashier’s check) to Nicholas Toth within five (5) business days of the notification.
- A copy of the bid bond or certified cashier’s check payable to the City Council equal to 5% of the total bid must be uploaded in OpenGov as part of the bid submittal. Any issuer of a bid bond must be licensed to transact a fidelity and surety business in the State of Florida, with an A.M. Best rating of B+ (Very Good or better if Contractor’s bid is under $500,000.00, and A- (Excellent) or better if Contractor’s bid is over $500,000.00.
- Performance and Payment Bond
- For bids (including contingency amounts) of $200,000.00 or more, a performance and payment bond of 100% of the contract amount shall be required. Any bond company submitting a performance and payment bond to the City of Bradenton Government must be licensed to transact a fidelity and surety business in the State of Florida and shall have an A.M Best rating of: if bond is under $500,000.00 “B+” (very good) or better, and over $500,000.00 “A-“ (excellent) or better, and “T” Underwriting Limitation not exceeded by this project’s bond.
- Execution of Bonds and Power of Attorney
- If the successful Bidder is a partnership, each bond should be signed by each of the individuals who are partners; if a corporation, the bonds should be signed in the correct corporate name by a duly authorized officer, agent or attorney-in-fact. The appropriate number of bonds should be executed to correspond to the number of signatories to the contract. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of power-of-attorney or other certification of authority where bond is executed by agent, officer or other representative of successful Bidder or surety; (c) duly certified extract from by-laws or resolution of Surety under which power-of-attorney or other certificate of authority of its agent, officer or representative was issued.
- Attorneys-in-fact who sign bid bonds or performance and payment bonds must file with such bond a certified copy of their power-of-attorney to sign such bonds. Attorney-in-fact must place name, address, and telephone number on this certificate.
- BID REQUIREMENTS —
- The estimated quantities of work and materials stated in the bid form are approximate only and are intended to be used solely for the comparison of bids. Estimated quantities are not guaranteed. Actual quantities may be more or less than the estimates.
- Payment to the Contract will be made only for the actual quantities of work performed or materials furnished in accordance with the contract documents.
- It is understood that quantities may be increased, decreased or deleted as provided in the contract documents without invalidating any of the unit prices bid.
- The Bidder shall carefully examine the site of the work, the plans, and other bid documents for the work contemplated. It is the responsibility of the Bidder to investigate and become fully informed of the construction and labor conditions, of obstructions to be encountered, of the character, quality and quantities of work to be performed, materials to be furnished, and requirements of the contract documents. Failure to do so does not relieve a successful Bidder of his obligations to furnish all materials, equipment, and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work for the consideration set forth in this bid.
- Submission of a bid constitutes an incontrovertible representation that the Bidder has complied with every requirement of this paragraph and that bid documents are sufficient in scope and detail to indicate and covey understanding of all terms and conditions for performance of work.
- Should the Bidder discover any ambiguity, inconsistency, or error, Bidder will be required to seek an interpretation as described above in advance of submitting the bid or otherwise will be prohibited from taking advantage of such ambiguity, inconsistency or error. If Bidder has not received a written clarification on an ambiguity, the Bidder shall be required to submit their bid on the basis of the highest price necessary to complete the task in question.
- SOLICITATION EXPENSES —
Offeror shall bear all costs and expenses incurred in developing, preparing, and submitting an Offer. This includes any expense related to demonstrations or the providing of sample materials or items requested by the City.
- AWARD —
- It is the intent of the City to award a contract to the responsive and responsible Bidder submitting the lowest Total Bid Price provided the bid is reasonable and in the best interest of the City to accept.
- In the event of a tie, the IFB tie-breaking procedures identified in the General Terms and Conditions of Solicitations will apply.
- The Bidder agrees, if this Bid is accepted, to contract with Bradenton City Council to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to construct the work covered by the bid and other contract documents.
- IRREVOCABLE OFFER —
As indicated above, any Offer may be withdrawn until the date and time set for opening of the Offers. All withdrawals must be requested in writing via email or letter. Any Offer not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of one-hundred and twenty (120) days, unless specifically provided by the Solicitation, in which event that time period will prevail.
- TIE BREAKING —
- IFB Tie Breaking Procedures
- When two or more Offers for goods or services are determined to be equal with respect to price, quality and service, the Offer received from the business that certifies it has implemented a drug-free workplace program pursuant to Section 287.087; Florida Statutes, shall be given preference in the award process. If all of the tied Offerors have certified that they are drug-free workplaces, award shall be determined by coin toss conducted by the Purchasing Manager before at least one witness.
- RFP Tie Breaking Procedures
- In the event of any tie (in the ranking criteria) the following may take effect:
- If there is a tie (two or more firms have the same number of 1st place rankings), then the firms that has the highest number of 1st place and 2nd place rankings shall be the first ranked firm. This method shall be used for all ties.
- If there is a tie (two or more firms) having the same number of 1st and 2nd place rankings and both Offerors have certified it has implemented a drug-work place program pursuant to Section 287.087; Florida Statutes, award shall be determined by a coin toss conducted by the Purchasing Manager before at least one witness.
- MULTIPLE AWARDS —
- In its sole discretion, the City may also choose to award up to two (2) responsive and responsible bidders willing to accept the lowest responsive and responsible bidder’s unit prices.
- After identifying the lowest responsive and responsible bidder(s) in accordance with the Bid Award criteria as listed above, offers will be made to the next responsive and responsible bidder(s) in the order of their submitted total Bid Price from lowest to highest until the desired number of contracts is reached.
- If the number of qualified contractors stipulated in the solicitation documents cannot be found, the City reserves the right to either rebid or accept the number of qualified Bidders determined to be responsive and responsible.
- PROTEST —
- Protests are processed in accordance with the procedures set forth in the City of Bradenton’s Protest Policy, which can be obtained on the City’s website.
- QUALITY GUARANTEE —
- Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work specified by this solicitation shall be new and of the most suitable grade for the purpose intended.
- Except where specifically noted, references to any equipment, material, article or patented process, by trade name, brand name, make or catalog number shall be regarded as establishing a level of quality, performance, warranty, etc. required and shall not be construed as limiting competition.
- INSURANCE —
Before performing any services, awarded Offeror shall procure and maintain, during the life of the resulting contract, unless otherwise specified, the insurance listed below. The insurance policies shall be primary and written on forms acceptable to the City and placed with the insurance carriers approved and licensed by the State of Florida Office of Insurance Regulation and meet a minimum financial AM Best Company rating of no less than "A-Excellent: FSC VII."
The City, its officers, agents, and employees, shall be named as additional insureds on all policies required (excluding worker’s compensation). No changes may be made to these specifications without specific prior written approval of the City. The City shall retain the right to review, at any time, coverage, form, and amount of insurance.
Workers’ Compensation/Employers Liability:
Part One - There shall be no maximum limit (other than as limited by the applicable statute) for liability imposed by Florida Workers' Compensation Act or any other coverage required by the Agreement which are customarily insured under Part One of the standard Workers' Compensation Policy.
Part Two - The minimum amount of coverage required by the Agreement which are customarily insured under Part Two of the standard Workers' Compensation Policy shall be:
(Each Accident) $100,000
(Disease-Policy Limit) $500,000
(Disease-Each Employee) $100,000
Commercial General Liability.
The limits are to be applicable only to services performed under the Agreement and shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement (ISO Form CG 2503) a Commercial General Liability Policy with the following minimum limits.
General Aggregate:
Products/Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any One Fire) $Nil
Medical Expense (Any One Person) $Nil
ADDITIONAL INSURED: The City of Bradenton, a political subdivision of the State of Florida shall be specifically named as additional insured on the Commercial General Liability Policy.
Business Auto Policy
Each Occurrence Bodily Injury and
Property Damage Liability Combined $300,000
Annual Aggregate (if applicable) $1,000,000
ADDITIONAL INSURED: The City of Bradenton, a political subdivision of the State of Florida, shall be specifically named as additional insured on the Business Auto Policy.
ADDITIONAL OR OPTIONAL INSURANCE (Depends on project requirements.)
Umbrella Liability
N/A unless being used to meet underlying coverage requirements.
Liquor Liability
All awarded Offerors serving alcohol as part of the scope of the Solicitation will be required to obtain Liquor Liability insurance.
Miscellaneous Insurance
All other types of insurance as required by the scope of work or specifications.
Professional Liability
If applicable, in the minimum amount of $1,000,000.
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 a resulting contract, 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.
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 a resulting contract including, but not limited to, all hazardous materials identified under a resulting contract.
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 a resulting contract.
Disposal
When applicable, the awarded Offeror 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.
Hazardous Waste Transportation
When applicable, the awarded Offeror 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.
Builder’s Risk
When applicable, special form coverage shall include, but not be limited to:
- Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to a resulting contract;
- Theft coverage;
- Waiver of Occupancy clause endorsement;
- Limits of insurance to equal 100% of the insurable completed agreement amount of such additions, or structures, on an agreed amount/replacement cost basis;
- Maximum deductible clause of $50,000 each claim.
Certificates of Insurance and Copies of Policies
Certificates of Insurance in triplicate evidencing the insurance coverage specified herein shall be filed with the Purchasing Division before services begin. The required certificates of insurance shall name the types of policy, policy number, date of expiration, amount of coverage, companies affording coverage, and also shall refer specifically to the Agreement. All insurance policies required herein shall be issued by companies that are authorized to do business under the laws of the State of Florida and hold an A.M. Best rating of A- or better. Insurance, as specified herein, shall remain in force and effect for the duration of the Agreement, including any warranty periods.
Complete Policies:
The entire and complete insurance policies required herein shall be provided to the City on request. If the initial insurance expires prior to the completion of services by the awarded Offeror, renewal certificates of insurance and required copies of policies shall be furnished by the awarded Offeror and delivered to the Purchasing Official thirty (30) days prior to the date of their expiration. Nothing herein shall in any manner create any liability of the City in connection with any claim against the awarded Offeror for labor, services, or materials, or of subcontractors; and nothing herein shall limit the liability of the awarded Offeror or its sureties to the City, or to any workers, suppliers, material men or employees in relation to the resulting contract.
By way of its execution of the resulting contract, awarded Offeror:
- Represents that awarded Offeror maintains, and will maintain during the term of the resulting contract, insurance coverage from responsible companies duly authorized to do business in the State of Florida and deemed acceptable to the City; and
- Agrees that insurance should not be cancelled without thirty (30) days’ notice to the City and must be endorsed to provide same. Failure of the awarded Offeror to obtain and maintain proper amounts of insurance at all times as called for herein shall constitute a material breach of the resulting contract, which may result in immediate termination.
Certification Requirements – In order for the certificate of insurance to be accepted it must comply with the following:
- The certificate holder shall be:
The City of Bradenton, A political subdivision of the State of Florida
101 Old Main Street
Bradenton, FL 34205-7865 - Certificate shall be mailed to:
The City of Bradenton
101 Old Main Street
Bradenton, FL 34205
Attn: Purchasing
- FAILURE TO EXECUTE CONTRACT —
Following the bid opening and review of the bid(s), the City will post a Notice of Recommended Award. After posting the Notice of Recommended Award, the city will forward to the successful Bidder contract(s) and related documents to be executed. If within ten (10) days the successful Bidder does not execute the contract documents and furnish the required bonds properly signed by the successful Bidder and the surety or sureties satisfactory to the City, along with the insurance as required in the contract documents, the successful Bidder may be deemed to be in default and the city may retain their bond. Award may then be made to the next lowest responsive and responsible bidder or all bids may be rejected.
- SUNBIZ —
All Offerors shall be registered under the State of Florida to perform the services required in the Solicitation. Registration Certificate to be provided by the Florida Department of State, Division of Corporations, establishing an Offeror as eligible to conduct business in the State of Florida. Please refer to website: www.sunbiz.org.
- CITY WORKPLACE POLICY COMPLIANCE —
- Smoking – Smoking is not permitted inside any City facility. Smoking is restricted to designated smoking areas outside a facility.
- Parking – The Bidder’s representatives shall abide by all parking restrictions. The Bidder’s vehicles are subject to the same restrictions, limitations, fines and tickets as posted for any other vehicle. Where time limit restriction exceeds the required time to provide services, arrangements shall be made in advance.
- Alcohol/Drugs – Service personnel under the influence of alcohol and/or non-prescription drugs are not permitted to work in City facilities. Any person known or thought to be under these influences will be escorted off City property.
- Security – The Bidder must adhere to all the City of Bradenton security procedures. The Bidder’s work force shall be made up of persons legally authorized to perform work in the United States. The Bidder shall at the City’s request, submit the following information for each of their employees: name, date of birth, social security number and green card (if applicable).
- Identification - The Bidder shall require all employees to visibly wear identification while on City property. Said identification shall contain a color photograph of the employee, the name of the employee and the name of the company. Persons not conforming to this requirement may be denied access to the building. Denial of access does not alleviate the Bidder’s responsibilities herein.
- LOCAL AGENCY PROGRAM —
Not Applicable
- RESERVED RIGHTS —
- The City reserves the right to accept or reject any or all Offers, in whole or in part, for any reason whatsoever, to waive minor irregularities and technicalities, and to request clarifications or additional information from Offerors.
- The City reserves the right to accept all or any part of the Offer and to increase or decrease quantities to meet additional or reduced requirements of the City.
- Any sole Offer received by the submission date may or may not be rejected by the City Administrator or designee. In the event the City rejects the sole Offer, it may elect to negotiate with any responsible provider.
- The City Administrator or designee, reserves the right to cancel a Solicitation at any time and to cancel any recommended award or recommended contract at any time prior to execution.
- Offerors are advised that any person, firm, or other party to whom they propose to award a subcontract must meet all minimum qualifications as stated in the Specifications.
- Unless otherwise stated in the Solicitation, any resulting contract resulting from the Solicitation is non-exclusive. The City reserves the right, in its sole opinion, to purchase goods or services listed in the Solicitation through the State of Florida Contracts, cooperatives, other current government contracts, and non-profit contracts as provided in the City’s 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.
- The City reserves the right to correct formula errors on forms provided by the City for use by the Offeror.
- After award of the Solicitation, the City reserves the right to add or delete items/services at prices 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 this contract when the City, in its sole judgment, considers such adjustments to be in the best interest of the City. The City may or may not require the prospective Offeror to participate in negotiations and to submit additional technical information or other revisions to their Offer as may result from the negotiations.
- If a resulting contract is terminated, the City reserves the right to go to the next lowest responsive Offeror with the balance of the resulting contract, unless otherwise stated in the Solicitation.
- The City reserves the right to refuse to award to any Offeror based upon prior contractual relationships between that Offeror, or a substantially related person or entity, and the City. This shall include, but is not limited to, situations in which the Offeror 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 the Solicitation.
- Any awarded Offeror or subcontractor 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 Consultant or subcontractor.
- APPLICABLE CONSTRUCTION CONTRACT PROVISIONS —
The following terms will be utilized when drafting the resulting contract.
- Time for Performance
- The Contract Specifically agrees that contract time will begin won the date both the Project Purchase Order and/or Notice to Proceed have been issued.
- Upon completion of the Procurement Period, a Notice to Proceed (NTP) for construction work shall be issued to the Contractor. All construction work shall be issued to the Contractor. All construction work to be performed under the provisions of the this contract shall be completed to Substantial Completion in not more than one hundred eighty days (180) calendar days.
- Liquidated Damages
The amount of liquidated damages to be assessed for each calendar day that Substantial Completion is delayed beyond the required date of Substantial Completion shall be five hundred dollars ($500) per day. The amount of liquidated damages to be assessed for each called day that Final Acceptance is delayed beyond the required date of Final Acceptance shall be five hundred dollars ($500) per day.
- CONTACT WITH CITY STAFF —
- After the issuance of the Solicitation, prospective Offerors or any agent, representative or person acting at the required of such Offer shall not contact, communicate with or discuss any matter relating in any way to the solicitation with any officer, agent, or employee of the City, including members of the Evaluation Committee, other than the Purchasing Manager or Purchasing Analyst named in the Solicitation. Failure to comply with this provision may result in the disqualification of the Offer, at the option of the City.
- This prohibition begins with the issuance of any solicitation and ends upon issuance of a purchase order or execution of a resulting contract, whichever comes first, or upon cancellation of the solicitation. Violation of this prohibition may result in the Offeror being considered non- responsible.
- Notwithstanding the forgoing, during the negotiation period, Offeror may communicate with those members of the City staff, consultants, or third parties designated by the City.
- COLLUSION —
- By submitting an Offer to a Solicitation, the Offeror certifies that it has not divulged to, discussed or compared its offer with other Offerors and has not colluded with any other Offeror or parties to the Offer whatsoever.
- An offer may be disqualified if an offeror submits more than one Offer or if there is evidence of collusion.
- GRANT PROVISIONS —
The successful Bidder under this solicitation and any subcontractors of the Bidder shall comply with the City of Bradenton requirements, including the Grant Funded Terms and Conditions. Grant Funded Terms and Conditions can be found in the ATTACHEMENTS section of this IFB.
- RESULTING CONTRACT —
- Any resulting contract may, at the sole discretion of the City, contain provisions that differ from the terms of the Solicitation.
- The successful proposer shall covenant and agree that it and its employees have complied with the Florida Statutes pertaining to the licensing of employees, as applicable.
- In the event the successful proposer shall be placed in any form of bankruptcy or make an assignment for the benefit of creditors, the City Manager may declare the same a default of the agreement which may be terminated pursuant to these terms and conditions.
- APPLICABLE LAWS —
- Prior to entering into a resulting contract with the City, an Offeror must be authorized to transact business in the State of Florida. Copy of the Registration Certificate and information should be submitted with Offer but is not required.
- 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 Offers received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting an Offer hereto and the City, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise and lack of knowledge by any Offeror shall not constitute a cognizable defense against the legal effect thereof. This includes revisions or as amended thereof. Any involvement with the City shall be in accordance with but not limited to:
- City Administrative Regulation and Ordinances
City of Bradenton Procurement Ordinance 2-237 - Florida State Statues
- Chapter 287. Florida Statutes, Procurement of Personal Property and Services (where applicable).
- Pursuant to Florida Statutes Section 119.071, Public Records, General exemptions from inspection or copying of public records, sealed Offers 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 Offer opening whichever is earlier.
- It shall be the responsibility of the Offeror to assure compliance with all other federal, state, county, or city codes, rules, regulations or other requirements, as each may apply. The Offer shall have and must provide all applicable insurance, permits, licenses, etc. which may be required by federal, state, or local law as requested by the City. The awarded Offeror shall be required to submit proof of all licenses and/or certifications required by the City upon request.
- CONTRACT FORMS —
- Any agreement, contract, or Purchase Order resulting from the acceptance of an offer shall be on forms either supplied by or approved by the City.
- Any amendments to the resulting contract shall require the formal written approval of both parties.
- TAXES —
The City does not pay Federal Excise and State Taxes on direct purchases of tangible personal property or services. The exemption number will be provided to the contract holder upon issuance of a purchase order. This exemption does not apply to tangible personal property purchased by awarded Offeror for their use in the performance of a resulting contract based on the Solicitation. Nothing herein shall affect the Offeror'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.
- ERRORS AND OMISSIONS —
- In the event of multiplication/addition error(s), the unit rate shall prevail. Written prices shall prevail over figures where applicable. All Offers shall be reviewed mathematically and corrected, if necessary, using these standards, prior to additional evaluation.
- Approval by City of the awarded Offeror’s work product for the project shall not constitute nor be deemed a release of the responsibility and liability of the awarded Offeror for the accuracy and competency of the awarded Offeror’s designs, drawings, specifications or other documents and work pertaining to the project. Additionally, approval by the City of the awarded Offeror’s work product shall not be deemed to be an assumption of acceptance of drawings, specifications or other documents prepared by the awarded Offeror for the project. After acceptance of the final plans by the City, the awarded Offeror agrees, prior to and during the construction of the project, to perform such awarded Offeror services, at no additional cost to the City, as may be required by the City to correct errors or omissions on the plans prepared by the awarded Offeror r pertaining to the project.
- TRUTH-IN-NEGOTIATION COVENANTS —
Florida Statute 287.055 requires for any lump-sum or cost plus a fixed fee professional service contract over the threshold amount provided in Florida Statute 287.017 for category four, that the agency (City) shall require the firm receiving the award to execute a Truth-In-Negotiation certificate stating the wage rates and other factual unit costs supporting the compensations are accurate, complete, and current at the time of contracting. Any professional service contract, under which such a certificate is required, shall contain a provision that the original contract price and any additional costs thereto shall be adjusted to exclude any significant service by which the agency determines the contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the contract.
- PUBLIC ENTITY CRIMES —
Pursuant to Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not submit an Offer to provide any good or services to a public entity; may not submit an Offer with a public entity for the construction or repair of a public building or public work; may not submit an Offer to lease real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.
- DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY —
- In accordance with Florida State Civil Rights Act of 1992.
- 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 an Offer to provide goods or services to a public entity, may not submit an Offer with a public entity for the construction or repair of a public building or public work, may not submit an Offer 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.
- 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.
- It is the policy of the City 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 —
The Offeror shall pay all royalties and license fees for equipment or processes in conjunction with the equipment and/or services being furnished. Offerors shall defend all suits or claims for infringement of any patent, trademark or copyright, and shall save the City harmless from loss on account thereof, including costs and attorney’s fees.
- SHIPPING/DELIVERY —
The price shall include any freight, handling, delivery, surcharges or other incidental charges. Unless otherwise specified, shall be FOB-Destination.
- FUNDING —
- The 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 awarded Offeror that sufficient funds have not been appropriated to continue its full and faithful performance under the terms of the 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.
- For any Solicitation involving the Department of Transportation, the City will not reveal engineering estimates or budget amounts for a project unless required by grant funding or unless it is in the best interest of the City. According to Florida State Statute 337.168: A document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07(1) until the contract for the project has been executed or until the project is no longer under active consideration.
- SUBCONTRACTING —
- Offeror 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 project who is not an employee of the Offeror.
- Offeror 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. Offeror shall be solely responsible for the means, methods, techniques, sequences and procedures. All work performed for Offeror by a subcontractor or supplier will be pursuant to an appropriate agreement between Offeror 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. Offeror shall be fully responsible for all acts and omissions of the subcontractors, suppliers, and other individuals or entities performing or furnishing any of the work just as Offeror is responsible for Offer’s own acts and omissions.
- TRAVEL EXPENSE —
Travel expenses shall not be reimbursed by the City, unless specifically authorized in the Solicitation.
- PUBLIC RECORDS —
To the extent applicable, the Offeror shall comply with the requirements of Florida’s Public Records laws, specifically including the following:
- Offeror shall keep and maintain public records required by the City in order to perform the service;
- Upon request from the City, provide the 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 Florida Statutes, Chapter 119, or as otherwise provided by law;
- Offeror shall ensure 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 the Offeror does not transfer the records to the City;
- Offeror shall upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Offeror or keep and maintain public records required by the City to perform the service. If the Offeror transfers all public records to the City upon completion of the Contract, the Offeror shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Offeror keeps and maintains public records upon completion of the Contract, the Offeror shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City; and
- Offeror acknowledges that all information relating to the Contract are public records, as defined in Chapter 119, “Public Records” of the Florida Statutes. No information should be labeled confidential unless exempted under said laws.
IF THE OFFEROR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE OFFEROR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
Phone: (941) 932-9400
Email: Cityclerk@Cityofbradenton.com
Mailing Address: 101 Old Main Street – Bradenton, FL 34205
- CHANGES (IF APPLICABLE) —
- Increases in the scope of work that require a change in time and/or pricing will be submitted as follows:
- The City may authorize minor variations from the requirements of the contract documents which do not involve an adjustment in the contract/task order price or the contract/task order time and are consistent with the overall intent of the contract/task order documents.
- Continuing services contract that are being completed through a task order will require supplemental agreements. This will include the submittal of an explanation of the additional scope and cost. This will include clarification of the scope of work and schedule. Adjustments to price or time of the task order will be submitted in a proposal format. This additional scope must be similar in nature to the original task order. The total cost of the task order cannot exceed $500,000.00. Further, construction costs cannot exceed $7,500,000.
- Project specific contracts will require a supplement or amendment to the contract that must be approved by the City Council.
- 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 rates for the specific item of work with no additional charges allowed for the change in quantity. All rates for services of work in the original contract shall be considered all-inclusive of expenses necessary to accomplish the work regardless of the unit pricing.
- A change in quantities whether greater than or lower than the original contract 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 task order or contract to reflect the new total quantity of each item. Each proposal for change order shall list both the reduction in quantity of deleted scope and increased quantity of added scope.
- Changes in contract/task order time must be justified to included but not limited to:
- Owner changes to scope.
- Additional scope discovered during BODR or preliminary design.
- Failure on the City’s behalf to review scope or plans in a timely manner.
- Delays by others, such as utility companies, may not necessarily be compensated by the City and the contractor may need to seek compensation from the third party for the delay.
- 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 tothe awarded Offeror for correction and resubmission. The awarded Offeror shall not perform any service or provide products until they have been issued an approved purchase order.
- TIME EXTENSION AND CONTINUATION OF WORK —
- Time Extension
- The City may extend a resulting contract up to one hundred eighty (180) days beyond the expiration date of the resulting contract. The rates in effect on the last day of the resulting contract shall remain in effect for the contract extension period. Additional extensions shall be subject to agreement of both parties.
- Continuation of Work
- Any work that commences prior to and will extend beyond the expiration date of the resulting contract period shall, unless terminated by mutual written agreement between the City and the awarded Offeror, continue until completion at the same rates, terms and conditions. This must be approved in advance by the Purchasing Manager, or designee.
- RIGHT TO AUDIT —
The awarded Offeror shall maintain such financial records and other records as may be prescribed by the City of Bradenton or by applicable federal and state laws, rules, and regulations. The Offeror shall retain these records for a period of five (5) years after final payment, or until they are audited by the City of Bradenton, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent five (5) year period for examination, transcription, and audit by the City of Bradenton, its designees or other authorized bodies
- E-VERIFY —
Section 448.09, Florida Statutes, makes it unlawful for any person to knowingly employ, hire, recruit, or refer, for private or public employment, an alien who is not duly authorized to work in the United States. Section 448.095, Florida Statutes, prohibits public employers, contractors, and subcontractors from entering into a contract unless each party to the contract registers and uses E- Verify. The Offeror hereby represents that it is in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes. The Offeror further represents that it will remain in compliance with the requirements of Sections 448.09 and 448.095, Florida Statutes, during the term of the resulting contract. The Offeror hereby warrants that it has not had a contract terminated by a public employer for violating Section 448.095, Florida Statutes, within the year preceding the effective date of the resulting contract. If the Offeror has a contract terminated by a public employer for any such violation during the term of the resulting contract, it shall provide immediate notice thereof to the City.
- CONTRACT ADMINISTRATION AND SITE REVIEW —
- The Offeror shall carefully examine the site of the work and the Solicitation documents for the work contemplated, and it will be assumed that the Offeror 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 Solicitation documents. The Offeror 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 an awarded Offeror 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 Offer. Resulting contracts may have more than one department or entity participating. Each participant will issue its individual purchase order and will be billed separately.
- Ownership of Documents
All plans, specifications, reports, and any other documents developed under any contract resulting from this solicitation shall become the property of the City of Bradenton and may not be re-used by the Offeror without the City’s permission. This includes any electronic versions, such as CAD or other computer aided drafting programs. - Notice to Proceed (NTP) and Pre-Construction/Kickoff Meetings
- Single Project
All single (one time bid or RFP) projects will have a Notice to Proceed (NTP) issued by the Purchasing Division before a purchase order can be issued. The 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, unless otherwise approved by the Purchasing Manager, or designee. - Continuing Services
A continuing service contract with a task order $50,000.00 or less will use the purchase order as the NTP. 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 NTP must be issued by the Purchasing Division.
- Work Progress and Delays
The City Administrator shall be entitled at all times to be advised in writing, at their request, as to the status of work being done by the successful Offeror and the details thereof. In the event the successful Offeror 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 City or regulatory agencies as to the approval of any plans or permits submitted by the successful proposer, when such delay will result in an overall delay of the project completion date, the City Administrator shall grant to the successful Offeror, in writing, an extension of the agreement time equal to the as aforementioned delays. The City Administrator shall be solely responsible for determining whether any extension of time should be awarded to the successful proposer.
- TERMINATION OF CONTRACT —
The City reserves the right to terminate any contract, at any time, with or without cause.
- Termination for Default
Awarded Offeror acknowledges that the conditions, covenants and requirements on its part to be kept, as set forth in the resulting contract, are material inducements to City entering into the resulting contract. Should awarded Offeror fail to perform any of the conditions, covenants and requirements of its part to be kept, the City Administrator, or designee, shall give written notice thereof to awarded Offeror specifying those acts to things which must occur in order to cure said default. Provided, however, if awarded Offeror makes a good faith effort by taking steps to substantially cure the default, the City Administrator, or designee may grant awarded Offeror additional time to cure such default as he/she deems warranted in his/her sole discretion. Should the default remain, upon expiration of the time granted to cure the same, the City Administrator, or designee, may terminate the resulting contract, by written notice of termination, said notice specifying the time and date of termination. - Termination for Convenience
The performance of work under the resulting contract may be terminated by the City Administrator, or designee, in whole or in part whenever the City Administrator, or designee, determines that termination is in the City’s best interest. Any such termination shall be affected by the delivery to the awarded Offeror of a written notice of termination at least thirty (30) days before the date of termination, specifying the extent to which performance of the work under the resulting 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 Offeror 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. - Payment and Ownership of Documents upon Termination
In the event of termination of the resulting contract, the awarded Offeror 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 professional certification. The awarded Offeror 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 Offeror as full payment for its services hereunder, a sum of money equal to the percentage of the work done by awarded Offeror and accepted as satisfactory by the City. - 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 thereunder by the awarded Offeror, should not be deemed to be a waiver of any default or breach by the City.
- INDEMNIFICATION —
- For all awarded contracts other than for construction services and design professional services as defined in Section 725.06(2) and Section 725.08(1), Florida Statute respectively, the following indemnification requirements apply:
The awarded Offeror shall save, defend, indemnify and hold harmless the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, error, omission or default of the awarded Offeror arising out of or in any way connected with the awarded Offeror or subcontractor’s performance or failure to perform under the terms of any resulting contract results from the Solicitation. - For construction services, the following indemnification requirements apply:
Pursuant to Section 725.06(2), Florida Statutes, the awarded Offeror shall indemnify and hold harmless the City from liabilities, damages, losses and costs, including but not limited to, reasonable attorney’s fees to the extend caused by the negligence, recklessness or intentional wrongful misconduct of the awarded Offeror and persons employed or utilized by the awarded Offeror in the performance of a resulting contract. - For design professional services, as defined by Section 725.08(1), Florida Statutes, the following indemnification requirements apply:
Pursuant to Section 725.08(1), Florida Statutes the awarded Offeror shall indemnify and hold harmless the City from liabilities, damages, losses, and costs including but not limited to, reasonable attorney’s fees, to the extend caused by the negligence, recklessness, or intentionally wrongful conduct of the awarded Offeror and other persons employed or utilized by the awarded Offeror in the performance of a
- PRICES, TERMS, AND PAYMENTS —
- Mistakes
Offerors are expected to examine the specifications, delivery schedule, proposal prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at proposer's risk in case of mistake in extension; the unit price will govern. - Invoicing and Payment
Offers 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 awarded Offeror'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. - Payments Based on Percentage Markup
Contracts or task orders that are awarded and which include or provide for a percentage markup on goods or services purchased will require the awarded Offeror to submit the wholesale invoice with the invoice and which include or provide a list of goods or services purchased in order to verify the correct markup percentage was applied. - Additional Quantities-Lump Sum and Unit Pricing Contracts
The City and awarded Offeror 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. - Additional Scope of Work
The City may unilaterally require, by written order, changes altering, adding to, or deducting from the resulting contract specifications, provided that such changes are within the general scope of the contract. The City may make an equitable adjustment in the resulting contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the awarded Offeror, which shall not be unreasonably withheld. If unusual quantity requirements arise, the City may solicit separate solicitations to satisfy them. - Additional Terms and Conditions
Additional Terms and Conditions may be listed in the items in the Solicitation otherwise no additional terms and conditions included with the Offer shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are applicable to the Solicitation. 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 the Solicitation are the only conditions applicable to the Solicitation and the Offeror's authorized signature affixed to the Solicitation form attest to this. - Advertising
In submitting an Offer, Offeror agrees not to use the results there from as a part of any commercial advertising. - Assignment
Any purchase order issued pursuant to the Solicitation invitation and the monies, which may become due hereunder, are not assignable except with the prior written approval of the ordering agency.
- INSPECTION, ACCEPTANCE AND TITLE —
- 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 awarded Offeror until accepted by the City, unless loss or damage results from negligence by the ordering agency. The awarded Offeror shall be responsible for filing, processing, and collecting all damage claims. However, to assist in the expeditious handling of damage claims, the City will:
- Record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading.
- Report damage (visible and concealed) to carrier and awarded Offeror, confirming such reports in writing, within fifteen (15) days of delivery, requesting that the carrier inspect the damaged merchandise.
- Retain the item and its shipping container, including inner packing material, until the carrier and disposition given by the awarded Offeror perform inspection.
- Provide the awarded Offeror with a copy of the carrier's Bill of Lading and damage inspection report.
- The awarded Offeror 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 Administrator, or designee.
- 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.
- COMPLETION OF WORK OR PROJECT —
The awarded Offeror will complete all work or services for the contract price and within the contract time of number of calendar days specified per approved work order/purchase order for all work (except warranty items) in accordance with the contract documents. The number of completion days may be specified in the scope of work, specifications or the Solicitation form. For continuing services contract all task orders will be complete within thirty (30) days of the date the purchase order is approved or by the date and/or number days specified in the task order scope. The estimated completion days or date may also be documented on the purchase order.
- SCRUTINIZED COMPANIES —
- Section 287.135, Florida Statutes prohibits a company from submitting an Offer on, or entering into or renewing a resulting 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 submitting an Offer, or entering into or renewing a resulting contract for goods or services of $1,000,000.00 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.
- At the time a company submits an Offer or before the company enters into or renews a resulting contract with an agency or governmental entity for goods or services of $1,000,000.00 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.
- GOVERNING LAW AND VENUE —
The Solicitation and resulting contract shall be governed by the laws of the State of Florida. Venue for any dispute shall be in the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida.
- SECURITY VENDOR ADDENDUM —
If a Solicitation seeks Offers of goods or services that will involve the use of, or access to, City data and information, the awarded Offeror shall be required to comply with the City’s Information Security Vendor Addendum, which shall be provided to the awarded Offeror.
- UNITED STATES-PRODUCED IRON AND STEEL IN PUBLIC WORKS PROJECT —
In accordance with Section 255.0993, Florida Statutes, if the project is a public works project as defined in the Section and if the Offeror’s scope of work includes any iron or steel product permanently being incorporated in the project, the iron or steel must be produced in the United States, unless there is an application exception under Section 255.0993, Florida Statutes.
- STATE-PRODUCED LUMBER —
In accordance with Section 255.20, Florida Statutes, if wood is a component of the public work project, the lumber, timber, and other forest products used must be produced and manufactured in Florida, if available and the price, fitness, and quality are equal to forest products not produced and manufactured in Florida.
- Required Forms
- Interest in Competitive Bid Form (required) —
Please download the below documents, complete, and upload.
- Florida Trench Safety Act (required) —
Please download the below documents, complete, and upload.
- Non-Collusion Affidavit (required) —
Please download the below documents, complete, and upload.
- Public Entity Crimes (required) —
Please download the below documents, complete, and upload.
- Negligence or Breach of Contract Disclosure(s) (required) —
Do you need to disclose any negligence of breach of contract actions that have occurred over the past 10 years.
- Negligence or Breach of Contract Disclosure Form (required) —
Please download the below documents, complete, and upload.
- Anti-Human Trafficking Affidavit (required) —
Please download the below documents, complete, and upload.
- SunBiz Registration Certificate (required) —
Upload a copy of your SunBiz registration certificate establishing your firm as authorized to conduct business in the State of Florida as provided by the Florida Department of State, Division of Corporations. Please refer to www.sunbiz.org.
- Lobbying Certification (required) —
Please download the below documents, complete, and upload.
- *Contractor Qualification Form* (required) —
Please download the below documents, complete, and upload.
- Bid Bond (required) —
Please download the below documents, complete, and upload.
- Required Certifications —
Failure to acknowledge and certify the statements listed below may cause a Proposer to be declared non-responsive.
- Examination of Documents (required) —
In submitting this proposal, Bidder makes all representations required by the Instructions to Bidders and further warrants and represents that:
- Bidder certifies that this bid is signed and executed by a corporate authority.
- Bidder hereby declares that no person or other persons other than the undersigned are interested in this solicitation as Principal, and that this solicitation is submitted without collusion with others; and that the Bidder has carefully read and examined the specifications or scope of work, and with full knowledge of all conditions under which the goods and/or services herein is contemplated must be finished, here by propose and agree to furnish the goods or services in according to the requirements set out in the specifications or scope of work for said goods and/or services for the prices as listed on the City provided price sheet or agree to negotiate prices in good faith if a contract is awarded.
- Scrutinized Company 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 identified above in the section entitled “Respondent Vendor Name” 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.
- 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:
- 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'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.
- Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Subsection (1).
- 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.
- 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.
- Make a good faith effort to continue to maintain a drug-free workplace through implementation of applicable laws, rules and regulations.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
- Required Documents
- Price Proposal (required) —
Upload your price proposal here.
- Pricing (required) —
- Choose Option 1 when you have set line items, for example:
- This is a quote for goods or commodities.
- This is a public works bid, with a pricing table that can be uploaded into OpenGov Procurement from an Excel spreadsheet.
- Seeking services for hourly rate schedules.
- Choose Option 2 when you need vendors to provide you with the line items.
- Pre-Bid/Site Visit (required) —
Select an option below.
- Award Type (required) —
Will this be a Single or Multi-Award procurement?
- How Many? (required) —
How many awards do you anticipate to make?
See default answer for formatting.
- Local Agency Program (required) —
Pick an option below.
- Substantial Completetion (required) —
How many days should be listed for Substantial Completion.
Spell out the number of days.
- Federal Grant Funding (required) —
Will you be using Federal Grant Funds?