Minnesota Avenue Parking Lot

The City of St. Cloud is seeking competitive bids for a new parking lot located on the east side of Minnesota Avenue between 9th and 10th Street. The Project consists of the construction of a new parking lot for the Fire Department to include parking lot, sidewalk, stormwater, and landscaping improvements, including all work shown on the plans provided.

Background

The City of St. Cloud is a community of approximately 71,000 residents, covering approximately 36 square miles in Osceola County, located in Central Florida. To obtain general information about the City of St. Cloud, access www.stcloudfl.gov.

Project Details

Reference ID: 2026-011
Department: Public Works
Department Head: Kevin Felblinger (Public Works Director)

Important Dates

Questions Due: 2026-06-26T21:00:00.000Z
Pre-Proposal Meeting: 2026-06-18T13:00:00.000Z — Grass lot on Minnesota Avenue between 9th and 10th Street.

Evaluation Criteria

2 CFR. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. —
The Contractor shall comply with the Federal requirements per 2 Code of Federal Regulations (CFR) Part 200 Super Circular, titled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, effective December 26, 2014, and any subsequent revisions and updates to 2 CFR. Part 200 “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards”.
Summary —
The City of St. Cloud is seeking competitive bids for a new parking lot located on the east side of Minnesota Avenue between 9th and 10th Street. The Project consists of the construction of a new parking lot for the Fire Department to include parking lot, sidewalk, stormwater, and landscaping improvements, including all work shown on the plans provided.
Minimum Qualifications —
1. Bidder must present evidence with the bid that they are currently registered with or hold an unexpired State of Florida, Construction Industry Licensing Board Registered License, or a General Contractor’s License in accordance with Chapter 489, Florida Statutes, and meet all local licensing requirements. At the time of bid submission and for the duration of the Contract, the Contractor shall possess all licenses required to perform the Work in the State of Florida and the City of St. Cloud. At a minimum, the Contractor shall hold the following, as applicable to the scope of work: State of Florida Certified General Contractor (CGC) and City of St. Cloud Local Business Tax Receipt. Any required County or Municipal Contractor Registration Appropriate specialty licenses for subcontracted work, including but not limited to: Electrical Contractor and Underground Utility Contractor, Specialty trade licenses as required by law. All subcontractors shall be properly licensed in the State of Florida for the work they perform. Proof of required licenses shall be submitted upon request and prior to execution of the Contract.
2. Bidder must submit evidence that they are properly registered with the State of Florida, Department of State, Division of Corporations.
3. Bidders must demonstrate experience and qualifications sufficient to perform the Work described in this ITB. At a minimum, the Contractor shall have successfully completed at least three (3) projects within the past five (5) years of similar size and complexity for comparable municipal projects. Bidders shall submit references including project descriptions, construction values, completion dates, and owner contact information. The City reserves the right to reject any bid from a Contractor that, in the City’s sole discretion, does not demonstrate adequate experience, staffing, financial capacity, or performance history to successfully complete the Project.
4. Bidder must also submit evidence of their ability to provide the necessary payment and performance bonds for the project by providing a letter of intent from a surety company authorized to practice in the State of Florida by the Department of Insurance and meeting the quality rating required by the specifications. See Bond Requirements. Upon award, the successful bidder will be required to furnish payment and performance bonds, each in the amount of 100% of the total bid amount and proof of insurance in amounts as specified in the contract documents. Bond forms will be furnished by the City and only those forms will be used. Per Florida Statute 255.05, upon approval and award of the project, the performance and payments bonds are required to be recorded by the awarded contractor in the public records of Osceola County, Florida. An original or certified copy of the bonds must be returned to the City of St. Cloud, Procurement Services. Evidence of insurance coverage shall also be submitted. Reference the specifications for insurance coverage requirements.
Insurance —
The Contractor shall not commence any work in connection with this Agreement until he has obtained all of the following types of insurance and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida.
1. Contractor Responsibility: Except as otherwise specified in this contract, the Contractor and all subcontractors of any tier shall be required at their sole cost and expense to maintain in effect at all times during the performance of the work, insurance coverage with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor and all his subcontractors to maintain adequate insurance coverage and it shall also be the responsibility of the Contractor to assure and evidence that subcontractors are adequately insured at all times. Failure of the Contractor and his subcontractors to maintain adequate coverage shall not relieve the Contractor of any contractual responsibility or obligation.
2. Certificates and Endorsements: The Contractor and his subcontractors shall furnish to the City such certificates of insurance or endorsements required by the provisions set forth herein. It shall be the responsibility of the Contractor to maintain adequate insurance coverage and to assure that subcontractors are adequately insured at all times. Failure of the Contractor and his subcontractors to maintain adequate coverage shall not relieve the Contractor of any contractual responsibility or obligation. A verification form of such insurance policy shall be filed with the City of St. Cloud within ten days of the execution of the agreement. The certificate of insurance shall list the City as additional insured. Certificates shall be forwarded to Procurement Services to be reviewed prior to execution of contract and monitored for the applicable time period.
3. Certificate of Insurance: At the time of the execution of this contract and each subcontract, but in any event, prior to commencing work at the job site, the Contractor and his subcontractors shall furnish the City of St. Cloud with certificates of insurance as evidence that the policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under this contract shall provide not less than 30 days advance written notice of cancellation, non-renewal, or material change in the policy of insurance; and shall provide said written notice by the insurance company directly to Procurement Services. In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate or alter any insurance policy. The City may deem cancellation or termination of any insurance policy a material breach on the part of the Contractor and the Contractor may be held to be in default on his agreement with City at the City’s option. All certificates of insurance shall clearly state that all applicable requirements have been satisfied including certification that the policies are of the “occurrence” type. The certificate of insurance shall also include the name of the insured contractor, and the specific job by name and job number. Certificates of insurance for the Contractor and the subcontractors’ furnished insurance and notices of any cancellation, terminations, or alterations of such policies shall be mailed/e-mailed to:
  City of St. Cloud
  Attn: Procurement Services
  1300 9th Street, Building A, 2nd Floor
  St. Cloud, FL 34769
  purchasing@stcloudfl.gov
4. Additional Insured: All insurance furnished under this Contract shall designate the City of St. Cloud as additional insured.
5. Cross-Liability/Severability of Interest: All policies shall contain a “cross-liability” or “severability of interest” clause or endorsement. Notwithstanding any other provision of these policies, the insurance afforded shall apply separately to each insured, named insured, or additional insured with respect to any claim, suit or judgment made or brought by or any other insured, named insured or additional insured with respect to any claim, suit or judgment made or brought by or for any other insured, named insured or additional insured as though a separate policy had been issued to each.
6. Waivers of Subrogation: The Contractor and his Subcontractors shall require their insurance carrier, with respect to all insurance policies, to waive all rights of subrogation against the City of St. Cloud, its Council members, partners, officials, directors, officers, agents, and employees.
7. Comprehensive General Liability: This insurance shall be an occurrence type policy written in comprehensive form and shall protect the Contractor and his Subcontractors and the additional insured against any and all claims arising from bodily injury, sickness, disease or death of any person other than the Contractor's employees or damage to property of the City or others arising directly or indirectly from or out of the act of omission of the Contractor or his Subcontractors or their agents, employees or Subcontractors. This policy shall also include protection against claims insured by usual personal injury liability coverage, a (protective liability) endorsement to ensure the Contractual liability assumed by the Contractor and its subcontractors under the article entitled indemnification and completed operations, products liability, contractual liability, broad form property coverage, premises/operations, independent Contractors, and XCU coverage (when applicable to Scope of Work), to remain in force for two years after final payment.
  General Liability
             1.)        Each Occurrence                                             $1,000,000
             2,)        Damage to Rented Premises                      $     50,000
             3.)        Personal & Adv Injury                                      $1,000,000
             4.)        General Aggregate                                        $2,000,000
             5.)        Products – Comp/Op AGG                           $1,000,000
8. Workers’ Compensation Insurance: The Contractor shall take out and maintain during the life of this Agreement, workers’ compensation insurance for all of his employees connected with the work of this project and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the statutory limits of the Florida Workers’ Compensation Law. In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under the workers’ compensation statute, the Contractor shall provide adequate insurance, and cause such subcontractor to provide adequate insurance, satisfactory to the owner, for the protection of his employees not otherwise protected.
  Workers’ Compensation
             1.)        Each Accident                                                  $   100,000
             2.)        Disease - Each Employee                               $   100,000
             3.)        Disease - Policy Limit                                      $   500,000
9. Contractor's Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of this Agreement comprehensive general liability and comprehensive automobile liability insurance as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages, which may arise from operations under this Agreement whether such operations be by himself or by anyone directly or indirectly employed by him, and the amounts of such insurance shall be the minimum limits as follows:
  a.)        Bodily Injury Liability                                                   $1,000,000
  b.)        Automobile Property Damage Liability                       $1,000,000
  c.)        Property Damage Liability (other than automobile)    $1,000,000
10. Subcontractor's Public Liability & Property Damage Insurance: The Contractor shall require each of his subcontractors to procure and maintain during the life of this Contract; insurance of the type specified above or insure the activities of his Subcontractors in his policy, as specified above.
11. Owner’s Protective Liability Insurance:   The Contractor shall procure and furnish an owner's protective liability insurance policy with the following minimum limits:
  a.)        Bodily Injury Liability                                                   $1,000,000
  b.)        Property Damage Liability                                         $1,000,000
12. Excess Liability: The Contractor's insurance shall also include Excess Liability coverage in the amount of $2,000,000.
13. Builder's Risk Insurance: the Contractor shall procure, and maintain during the life of this Contract, Builder's Risk Insurance (if applicable to the Scope of Work) in an amount not less than the total value of the Contract awarded as a result of this Bid/Proposal. The Scope of Work shall indicate whether this Section/Item is applicable to this ITB/RFP.
14. Insurance Coverage Not Limitation of Liability: The maintenance of insurance coverage as provided herein shall not be construed to limit nor have the effect of limiting Contractor's liability to City under the provision of any clause or paragraph contained in this Agreement.
Per Florida Statutes 725.06 Hold Harmless Agreement: In addition to requirements to obtain and maintain public liability insurance and automobile liability insurance in which the Owner is an additional named insured or as named insured, the Contractor shall agree to hold the Owner, its officers, agents, and employees, harmless from any and all claims made against the Owner, its officers, agents and employees, which arise out of any action or omission of the Contractor, or any subcontractor, or any of their officers, employees, or agents, and any and all claims which result from any condition created or maintained by the Contractor or subcontractor or any of their officers, employees, or agents, which condition was not specified to be created or maintained by the Contract. The agreement to hold the Owner, its officers, employees and agents, harmless shall not be limited to the limits of the liability insurance required under the provisions of these specifications or the Contract, of which these specifications are made a part.
Nothing contained herein shall be construed to increase the liability of the insurance carrier beyond the limits of its policies with the Contractor.

See SAMPLE Certificate of Liability in ATTACHMENTS
SPECIFICATION OF TERMINOLOGY OR GLOSSARY OF TERMS —
Definition of Terms:
Whenever in these specifications the following terms (or pronouns which replace these terms) are used, their intent and meaning shall be interpreted as follows:
Addenda
Addenda are written or graphic instruments issued prior to the execution of the Contract, which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.
Advertisement
The public notice inviting the submission of bids for the work.
Bid Bond / Deposit
An original bid bond executed by Bidder and his Surety, guaranteeing that Bidder, if awarded contract, will execute same, in an amount of not less than five percent (5%) of the total bid amount shall be submitted. Bid security may be in the form of cashier's check made payable to the City of St. Cloud, Florida or an original bid bond with Surety satisfactory to the Owner. A combination of any of the former is not acceptable; bid guaranty shall be in a single, acceptable instrument. The Owner will accept only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida, and as are acceptable to the Owner.
Bidder
Any individual, firm, partnership or corporation submitting a proposal for the work contemplated.
Bid Form (or Proposal)
The written offer of bidder to perform the work as specified at specified price.
Change Order
A written order initiated by the properly authorized representative of the Owner directing the Contractor to perform changes, additions or deletions to the work. A Change Order shall be executed in the same manner as contract or agreement documents, meaning that the same person(s) shall affix proper signatures, seals, etc. All Change Orders shall be effective only when signed by the Owner, Architect/Engineer, and Contractor.
The contract sum and contract time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the contract sum or the contract time.
Contract
"Contract" shall mean the Contract Documents as defined and listed herein, advertisement, instructions to bidders, bid form, bid bond, contract agreement, payment and performance bonds, general and special conditions, and specifications, together with all addenda and supplemental agreements. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect/Engineer and the Contractor, but the Architect/Engineer shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract documents shall create any contractual relationship between the Owner or the Architect/Engineer and/or Subcontractor or Sub-subcontractor.
Contractor
Any individual, firm, partnership or corporation entering into an agreement or contract to perform the work specified herein.
Date of Substantial Completion
Date of Substantial Completion is the day the project or designated portion thereof is certified by the Architect/Engineer the Owner can occupy or utilize the work or designated portion thereof for the use for which it is intended.
Drawings
The drawings or reproductions thereof pertaining to the work to be performed and which have been prepared or approved by the Architect/Engineer.
Architect of Record (Architect not to be contacted by prospective bidders/interested parties to avoid disqualification; please see “prohibited communications.) For the purposes of this project:
NA
NA
NA
Engineer of Record (Engineer not to be contacted by prospective bidders/interested parties to avoid disqualification; please see “prohibited communications.) For the purposes of this project:
Cameron K. Hindle
Hanson, Walter & Associates, Inc.
8 Broadway, Suite 104, Kissimmee, Florida 34741
Lessee
Any individual, partnership or corporation having a tenant-landlord relationship with the Owner.
Owner
City of St. Cloud
1300 9th Street
St. Cloud, Florida 34769
(407) 957-7300
Partial Payment Authorization
Owner's approval of Contractor's progress payment request. The Partial Payment Authorization is completed by Contractor and submitted to Owner for approval and signature. Upon receipt, review, and approval of the signed document by Owner, payment will be made pursuant to Florida Statute Section 218.70, the Prompt Payment Act, and all City Policies promulgated thereby. The preferred method of payment by the City of St. Cloud is via electronic funds transfer (EFT) or P-Card.
Payment and Performance Bonds
Bonds executed on forms provided by the Owner, by the Contractor and his Surety, assuring the Contractor will, in good faith, perform and guarantee the work in full conformity with the terms of the Contract Documents and will promptly pay all persons who supply labor and materials for such work. Per Florida Statute 255.05, upon approval and award of the project, the performance and payments bonds are required to be recorded in the public records of Osceola County, Florida. An original or certified copy of the bonds must be returned to City of St. Cloud, Procurement Services.
Progress Payment Request
An estimate of work completed by the Contractor during the preceding calendar month which is submitted to the Owner for review and approval.
Prohibited Communications
Potential bidders shall not communicate in any way with the consultants, elected or appointed officials, City Manager or any City staff, other than Procurement Services personnel, from the time of bid advertisement through and including bid award, except during scheduled pre-bid meetings. Such communication shall result in disqualification.
Project Manager (Project Manager not to be contacted by prospective bidders/interested parties to avoid disqualification; please see “prohibited communications.”) For the purposes of this contract:
Ricky Stayer
City of St. Cloud
1300 9th Street
St. Cloud FL, 34769
Project Representative
An authorized representative of the Architect/Engineer assigned to assist the Architect/Engineer in performing his responsibilities at the project site.
Proposal
A bid for the work contemplated which the Bidder shall submit on original approved forms.
Responsible Vendor (F.S. 287.012)
A vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.
Responsive Bid, Responsive Proposal, or Responsive Reply (F.S. 287.012)
A bid, or proposal, or reply submitted by a responsive and responsible vendor that conforms in all material respects to the solicitation.
Responsive Vendor (F.S. 287.012)
A vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.
Specifications
The general term comprising all the directions, provisions, and requirements contained herein, entitled "Specifications", those portions of standard specifications to which reference is specifically made in the specifications, and any addenda, that may be issued for the Contract, all describing the manner of performing the work, including detailed technical requirements as to labor, materials, equipment and methods by which such work is to be performed.
Surety
The corporate body which is bound with and for the Contractor, which is primarily liable and which guarantees the faithful performance of the Agreement.
General Scope of Work —
Construction services associated with a new parking lot located on the east side of Minnesota Avenue between 9th and 10th Street. The Project consists of constructing a new parking lot for the Fire Department where a current grass lot is located. Services include, but are not limited to, parking lot, sidewalk, stormwater, and landscaping improvements, including all work shown on the plans provided.
Bid Bond (Required) —
Bidder must submit a cashier's check, certified check or an original bidder's bond in the amount equal to five percent (5%) of the total bid, made payable to the order of, or for the benefit of the OWNER (The City of St. Cloud), as the case may be. Such check or bond shall be given as guarantee that the bidder will enter into a contract with the OWNER if awarded the work and will be declared forfeited if the successful bidder refuses to enter into said contract. The City's Bid Bond Template is included in the attachments (Attachments) of this solicitation and must be used. The Bidder shall upload a copy of the check or a copy of the executed bid bond form in the 'Bid Response Form (Submittal)' section and express mail the original bid bond or check to City of St. Cloud, Procurement Services, 1300 9th Street, Building A, 2nd Floor, St. Cloud, FL 34769.
SUBMISSION OF BID/PROPOSALS: —
Bidders/Proposers shall submit Bids/Proposals in accordance with the instructions and schedule included in the solicitation containing these specifications and documents.
Notice —
The City of St. Cloud is seeking competitive bids for the following:
INVITATION TO BID (ITB) NO. 2026-011
Minnesota Avenue Parking Lot
TO BE CONSIDERED, BIDS MUST BE ELECTRONICALLY SUBMITTED THROUGH https://procurement.opengov.com/portal/stcloud
BID OPENING WILL BE Thursday, July 9, 2026 AT 2:00 pm LOCAL TIME
VIA A VIRTUAL ZOOM MEETING
Bid plans and specifications are available online via the City’s e-Procurement Portal (“Portal”) at https://procurement.opengov.com/portal/stcloud Bids shall be according to the specifications, terms and conditions, and shall be on the forms provided. No Pre-Bid Conference will be held for this project. Bids shall be submitted electronically prior to the specified date and time. Bids will be opened and publicly read aloud via a virtual meeting, on the above appointed date and time. All questions shall be addressed in writing and sent via the Portal’s Questions and Answers tab. The deadline for submitting questions is 5:00 pm, Friday, June 26, 2026. Questions will not be accepted if received after this date and time.
Answers for timely questions will be addressed in the OpenGov question and answer module and as an addenda to this solicitation. Participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of an addendum which will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.
Submission of a bid/proposal/submittal shall constitute an acknowledgement by the Bidder that he/she has thoroughly examined and is familiar with the Invitation to Bid (ITB). The failure or neglect of a Bidder to examine the Invitation to Bid (ITB) shall in no way relieve him/her of any obligations with respect to either his/her bid or the Invitation to Bid (ITB). No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Invitation to Bid (ITB).
Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.
Responses received after the submission deadline and/or transmitted outside of the designated OpenGov e-Procurement Platform shall be rejected.
Important Instructions for Electronic Submittal
The City is ONLY accepting electronic bid submissions using the OpenGov e-Procurement Platform. Respondents shall create a FREE account with OpenGov, click on "Submit Response", and follow the instructions to submit the electronic bid.
It is the respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The City shall not be responsible for delays caused by any occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

For Technical Support, respondent's can reach the OpenGov Service Desk:
Chat (preferred) - Click the button in the lower right hand corner of the portal
Email: procurement-support@opengov.com
Phone: 1 (855) 680-4747 Hours: Mon-Fri 8am - 8pm EST
EXECUTION OF BID/PROPOSAL: —
Bidder/Proposer acknowledges any executed document submitted electronically or digitally shall be considered an original.
Performance and Payment Bond (Required) —
Upon notice of award, the Contractor shall furnish the Owner with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the Owner and authorized to do business in the State of Florida and signed by a Florida Licensed Resident Agent (See Payment and Performance Bond Templates in Attachments)
The cost of the Performance & Payment Bonds shall be borne by the Contractor. The Bonds shall be accompanied by a duly authenticated or certified document, in duplicate, evidencing that the person executing the Bonds on behalf of the Surety had the authority to do so on the date of the Bonds. In the usual case, the conferring of that authority has occurred prior to the date of the Bonds, and the document showing the date of appointment and enumeration of powers of the person executing the Bonds is accompanied by a certification that the appointment and powers have not been revoked and remain in effect. The date of that certification cannot be earlier than the date of the Bonds. The Bonds shall be dated not earlier than the Agreement. Proper Bond forms shall be furnished by the City of St. Cloud and those forms used by the Contractor. Bond forms, other than those furnished by the Owner shall not be acceptable to the Owner. The bonds and terms shall comply fully with Section 255.05 of the Florida Statutes.
Notice —
The City of St. Cloud is seeking competitive bids for the following:
INVITATION TO BID (ITB) NO. 2026-011
Minnesota Avenue Parking Lot
TO BE CONSIDERED, BIDS MUST BE ELECTRONICALLY SUBMITTED THROUGH https://procurement.opengov.com/portal/stcloud
BID OPENING WILL BE Thursday, July 9, 2026 AT 2:00 pm LOCAL TIME
VIA A VIRTUAL ZOOM MEETING
Bid plans and specifications are available online via the City’s e-Procurement Portal (“Portal”) at https://procurement.opengov.com/portal/stcloud Bids shall be according to the specifications, terms and conditions, and shall be on the forms provided. A Non-Mandatory Pre-Bid Conference will be held on Thursday, June 18, 2026 at 9:00 am local time at Grass lot on Minnesota Avenue between 9th and 10th Street. Bids shall be submitted electronically prior to the specified date and time. Bids will be opened and publicly read aloud via a virtual meeting, on the above appointed date and time. All questions shall be addressed in writing and sent via the Portal’s Questions and Answers tab. The deadline for submitting questions is 5:00 pm, Friday, June 26, 2026. Questions will not be accepted if received after this date and time.
Answers for timely questions will be addressed in the OpenGov question and answer module and as an addenda to this solicitation. Participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of an addendum which will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.
Submission of a bid/proposal/submittal shall constitute an acknowledgement by the Bidder that he/she has thoroughly examined and is familiar with the Invitation to Bid (ITB). The failure or neglect of a Bidder to examine the Invitation to Bid (ITB) shall in no way relieve him/her of any obligations with respect to either his/her bid or the Invitation to Bid (ITB). No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Invitation to Bid (ITB).
Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.
Responses received after the submission deadline and/or transmitted outside of the designated OpenGov e-Procurement Platform shall be rejected.
Important Instructions for Electronic Submittal
The City is ONLY accepting electronic bid submissions using the OpenGov e-Procurement Platform. Respondents shall create a FREE account with OpenGov, click on "Submit Response", and follow the instructions to submit the electronic bid.
It is the respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The City shall not be responsible for delays caused by any occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

For Technical Support, respondent's can reach the OpenGov Service Desk:
Chat (preferred) - Click the button in the lower right hand corner of the portal
Email: support@opengov.com
Phone: 1 (855) 680-4747 Hours: Mon-Fri 8am - 8pm EST

Timeline —

Release Project Date:	June 7, 2026
Pre-Proposal Meeting (Non-Mandatory):	June 18, 2026, 9:00am Grass lot on Minnesota Avenue between 9th and 10th Street.
Question Submission Deadline:	June 26, 2026, 5:00pm
Proposal Submission Deadline:	July 9, 2026, 2:00pm

Federal Equal Opportunity Employer Requirement. —
1. Federal Equal Opportunity Employer Requirement.
  1. 1. The Contractor is an Equal Opportunity Employer and will comply with all equal opportunity employment laws. The Contractor will further ensure that all subcontractors it utilizes in providing the services required hereunder will comply with all equal opportunity employment laws.
    2. During the performance of this contract, the Contractor agrees as follows:
      The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
      The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
      The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
      The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375, and of the rules, regulations, and relevant orders of the Secretary of Labor.
      The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
      In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375, and by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
      The Contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs a) through f) in every subcontract or Purchase Order (PO) unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or PO as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
Compliance of Reporting Requirements. —
The Contractor hereby acknowledges that the City has the responsibility for providing required reporting, including financial information, program progress, and real property status, in accordance with 2 CFR. § 200.327, 2 CFR. § 200.328, and 2 CFR. § 200.329 on frequencies established by the Federal awarding agency.
BID/PROPOSAL OPENING: —
Bid/Proposal opening shall be public on the date and time specified. Bid/Proposal must be submitted on forms provided by the City. No other forms will be accepted. Telephone and fax Bids/Proposals will not be considered. Bid/Proposal may not be modified after opening. Bid/Proposal may not be withdrawn after opening for a period of ninety (90) days unless otherwise specified.
Bond Required Templates —
The City of St. Cloud's Bond Templates MUST be used.
- Bid Bond Template
- Payment Bond Template
- Performance Bond Template
Bond templates can be found in Attachments
EXECUTION OF AGREEMENT AND BOND —
AGREEMENT BETWEEN OWNER AND CONTRACTOR:
The Contractor shall execute all required forms of the agreement and return within ten (10) days of their receipt. Failure to return all forms correctly executed within ten (10) days of receipt, without written extension by the Owner otherwise, shall constitute an irregularity and be deemed grounds, at the Owner's option, for rejection and forfeiture of 5% Bid Bond.
If the Contractor is an individual, the agreement shall be signed with his signature.
If the Contractor is a firm or Company owned by an individual, the agreement shall be executed in the name of the firm or company by the signature of the Owner of the firm or company.
If the Contractor is a partnership, the agreement shall be executed in the name of the Partnership by the signature of partner or partners.
If the Contractor is a Corporation, the agreement shall be executed in the name of the Corporation and shall bear the corporate seal. It may be signed for the Corporation by the President and attested by the Secretary; if signed for the Corporation by any other officer than the President, the signature of such officer signing shall be attested by the Secretary, and the executed agreement shall be accompanied by a duly authenticated document bearing the seal of the Corporation quoting the section of the by-laws of the corporation authorizing the Board of Directors to designate such officer and copy of the resolution designating and authorizing him to execute on behalf of the Corporation. That document must contain a statement that the authority is in effect on the date of the execution of the contract, and may not be dated earlier than the date of the execution of the Agreement. The same officer may not execute the Agreement and authenticate the document of authority.
PERFORMANCE AND PAYMENT BONDS:
These bonds shall be executed in behalf of the Contractor in the same manner and by the same person who executed the Agreement and, upon approval and award of contract, shall be recorded in the public records of Osceola County in accordance with Florida Statute 255.05.
LOSS DEDUCTIBLE CLAUSE:
The Owner shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or Subcontractor providing such insurance.
Additional Project Information —
Days to substantial completion: 150
Days to final Completion: 30
Project Estimated Cost: $240,000.00
Bid Bond Required: Yes
Performance Bond Required: Yes
FAMILIARITY WITH LAWS —
The Bidder is required to be familiar with all Federal, State and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Bidder will in no way relieve him from responsibility.
Access to Records. —
The following access to records requirements apply to this contract in respect to federal financial assistance awards:
1. The CONTRACTOR agrees to provide the City, the State of Florida, the Federal grantor agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
2. The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
3. The CONTRACTOR agrees to provide the Federal grantor agency administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
BID/PROPOSAL TABULATION —
Bid/Proposal tabulations are available via the portal.
FLORIDA PRODUCTS AND LABOR —
The Contractor's attention is called to Section 255.04, Florida Statutes, which require that on public building contracts, Florida products and labor shall be used wherever prices and quality are equal.
Superintendents and Workmen. The bidder/contractor shall employ superintendents, foreman and workmen who are careful and competent. The Owner, Architect/Engineer, or project representative may demand the dismissal of any person or persons employed by the bidder/contractor on the work who misbehave or are incompetent or negligent in the proper performance of their duties, or neglect or refuse to comply with the directions given. Such persons shall not be employed again thereon without the prior written consent of the Owner, Project Manager, or authorized representative. Should the Bidder/Contractor continue to employ or again employ such persons, the Owner, Project Manager, or authorized representative may suspend the work until the persons objected to are dismissed.
Equipment. Equipment used on any portion of the work shall be such that no damage to the work, roadways, adjacent property, or other objects will result from its use.
Retention of Records. —
1. The City shall retain all records related to this project for three (3) years from the date of final expenditure report for projects funded by the FEMA PA program.
2. The Contractor shall retain all records related to this Agreement for three (3) years after termination of this contract.
TAXES —
Although the Owner is not subject to the Florida Sales and Use Tax, any Contractor who purchases materials, which will be used in the Construction of an owned facility, will not be exempted from the State taxes on the materials and is cautioned he is responsible for payment of any such taxes to his suppliers. All costs thereof shall be deemed to be included in the prices bid for the work, but shall exclude the costs of taxes not applicable.
The Owner is Subject to:
Federal Excise Taxes on materials or appliances that are incorporated into and become a part of the completed improvement. Federal Tax on transportation of property.
In every case of a purchase of materials to be incorporated in the work, which are subject to Federal Excise Taxes, the Owner will furnish to the Contractor the necessary Federal Excise Tax Certificate upon receipt of a copy of the supplier's invoice showing the item(s), net price and Federal Excise Tax separately.
PROGRESS SCHEDULE AND REQUIREMENTS FOR OVERTIME WORK —
Within five (5) days after the notice to proceed, or receipt of signed agreement, the contractor shall prepare and submit to the Project Manager for approval a practicable schedule showing the order in which the contractor proposes to carry on the work, the date on which he will start the several salient features (including procurement of materials, plant and equipment), and the contemplated dates for completing same.
During the progress of the work the Contractor shall enter on the schedule the actual progress at the end of each month or at such intervals as directed by the Project Manager.
If the Contractor falls behind the progress schedule, the Contractor shall take such steps as may be necessary to improve his progress by increasing the number of shifts, overtime operations, days of work, and the amount of Construction Plant capacity, all without additional cost to the Owner. The Owner reserves the right to approve work hours and limit the number of crews working concurrently on the project.
Failure of the Contractor to comply with the requirements under this provision shall be grounds for determination by the Owner that the Contractor is not prosecuting the work with such diligence as will insure completion within the time specified and such failure constitutes a substantial violation of the conditions of the Agreement.
As a consequence of the Contractor's failure to comply with this provision, the Owner may terminate the Contract, or any separable part thereof.
Compliance with the Contract Work Hours and Safety Standards Act. —
1. Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph A of this section, in the sum of $27 for each Day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
3. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
4. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
VERIFICATION OF OWNER'S SURVEY DATA —
All survey data showing physical features was obtained by the Architect incidental to design and no land surveying certifications should be implied. Prior to commencing any excavation or grading the Contractor shall satisfy himself as to the accuracy of all survey data as indicated in these plans and specifications and/or as provided by the Owner. Should the Contractor discover any inaccuracies, errors, or omissions in the survey data, he shall immediately notify the Project Manager and Architect, in writing, in order that proper adjustments can be anticipated and ordered. Commencement by the Contractor of any excavation or grading shall be held as an acceptance of the survey data by him after which time the Contractor has no claim against the Owner resulting from alleged errors, omissions or inaccuracies of the said survey data.
PROGRESS PAYMENTS —
Payments shall be made pursuant to Florida Statute Section 218.70, the Prompt Payment Act, and all City Policies promulgated thereby. The preferred method of payment by the City of St. Cloud is via electronic funds transfer (EFT) or P-Card.
Based upon applications of Contractor for payment submitted to the Owner and certificates for such payments as approved by the Architect/Engineer, the Owner shall make monthly progress payments to the Contractor as provided in the Agreement.
The Contractor shall provide proper and correct invoice address to which payments are to be mailed.
CLARIFICATION/CORRECTION OF BID/PROPOSAL ENTRY: —
The City of St. Cloud reserves the right to allow for the clarification of questionable entries and for the withdrawal of obvious mistakes. Each Bidder/Proposer shall examine all Bid/Proposal submittal documents and shall judge all matters relating to the adequacy and accuracy of such documents. All inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the Bid/Proposal shall be made via the portal. The City of St. Cloud shall not be responsible for oral interpretations given by any City of St. Cloud employee, representative, or others. The issuance of a written Addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Bid/Proposal, all plan holders will be notified via the portal. It will be the responsibility of the Bidder/Proposer to obtain and acknowledge addenda via the portal.
BIDDING DOCUMENTS —
Bidding Documents include the Advertisement or Invitation to Bid, Instructions to Bidders, Proposal Form, Schedule of Prices Bid, other sample bidding and contract forms and the proposed Contract Documents including any Addenda issued prior to receipt of bids. The Contract Documents proposed for the work consist of the Owner-Contractor Agreement, and Contractual Conditions, the Drawings, the Specifications and all Addenda issued prior to and all modifications issued after execution of the Contract.
Rights to Inventions Made Under a Cantract Agreement (If Applicable) —
Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).
INSPECTIONS —
The authorized representatives and agents of the Owner and such other persons as the Owner may designate shall have access to and be permitted to inspect all the Contractor's work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records wherever they are in preparation and progress. When required, exact duplicate copies of the aforementioned data shall be furnished.
PRICING: —
Firm prices shall be bid and include all packing, handling, shipping charges, and delivery to any point within the City of St. Cloud, to a secure area or inside delivery, F.O.B. DESTINATION. Pricing shall also include any and all costs for lodging, mileage, meals, permits, license(s), insurance, fees, or any other cost. Unit prices shall be shown in the Bid/Proposal. The obligations of City of St. Cloud under this Award are subject to the availability of funds lawfully appropriated for its purpose.
Clean Air Act and The Federal Water Pollution Control Act. —
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
2. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the City, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The Contractor agrees to include these requirements in each subcontract exceeding
ALTERNATES —
If the Owner wishes to learn the relative or additional construction cost of an alternative method of construction, and alternative use of type of material or an increase or decrease in scope of the project, these items will be defined as alternates and will be specifically described in the drawings and/or the specifications.
Alternates will be listed in the Proposal in such manner that the Bidder shall be able to clearly indicate what sums he will add to (or deduct from) his base bid.
If the base bid is within the amount of funds available to finance the construction contract and the Owner wishes to accept alternative additive bids, then contract award will be made to that responsible and responsive bidder submitting the low combined bid, consisting of the base bid plus alternate additive bids (applied in the numerical order in which they are listed on the bid form). Under this procedure, if the Owner wishes to make award on only the base bid, the contract award will be made to that responsible and responsive bidder submitting the low base bid.
Alternate Bids
Alternate bids will not be accepted unless specifically called for in the solicitation.
Addenda
In case the Owner finds it expedient to supplement, modify or interpret any portion of the solicitation during the bidding period, such procedure will be accomplished by issuance of an Addendum to the Bidding Documents, which will be available through the Portal.
CONSTRUCTION FACILITIES —
SANITARY PROVISIONS: The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with regulations of the State Board of Health. No nuisance will be permitted.
TEMPORARY WIRING shall meet all safety requirements of the National Electric Code, Florida Department of Commerce, Bureau of Workers' Compensation and/or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electric Code, and any wire used shall be fused to adequately protect that wire according to the Code referred to.
The Contractor shall have an adequate number of outlets and each outlet shall be properly and clearly labeled with the maximum voltage and fuse protection.
Where temporary lighting is used, outlet shall consist of weatherproof socket properly insulated and provided with a locking type wire guard. All devices shall be properly grounded.
STORAGE AND WORK AREAS: At the start of the operations the Contractor shall make arrangements with the Owner's representative for the assignment of storage and work areas. During construction the Contractor shall maintain the areas in a neat condition.
CONTRACTOR'S FIELD OFFICES: Trailers may be used for field offices, but their use as living quarters for personnel shall be limited to one staff member such as a night watchman or a superintendent.
TAXES: —
The City of St. Cloud is exempt from Federal Excise Taxes and Sales Taxes. Tax exemption certification 85-8012621679C-5 available upon request.
Suspension and Debarment. —
1. This contract is a covered transaction for purposes of 2 CFR. Part 180 and 2 CFR. Part 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 CFR. § 180.995), or its affiliates (defined at 2 CFR. § 180.905) are excluded (defined at 2 CFR. § 180.940) or disqualified (defined at 2 CFR. § 180.935).
2. The Contractor must comply with 2 CFR. Part 180, subpart C and 2 CFR. Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
3. This certification is a material representation of fact relied upon by the City of St. Cloud. If it is later determined that the Contractor did not comply with 2 CFR. Part 180, subpart C and 2 CFR. Part 3000, subpart C, in addition to remedies available to the Florida Department of Emergency Management (recipient) and the City of St. Cloud (sub-recipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
4. The Proposer agrees to comply with the requirements of 2 CFR. Part 180, subpart C and 2 CFR. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
PROJECT DRAWINGS - COPIES FURNISHED TO CONTRACTORS —
The Architect will provide the Contractor with three (3) sets of drawings and three (3) sets of specifications under contract award. If additional sets are required by the Contractor, they will be furnished upon request for the cost of printing and handling.
INTERPRETATION OF BIDDING DOCUMENTS —
No interpretation of the meaning of the drawings, specifications, or other Bidding Documents, no correction of any apparent ambiguity, inconsistency or error therein, will be made to any Bidder orally. Every request for such interpretation or correction shall be sent via the Portal through the Questions and Answers Tab unless the deadline for questions has passed, in which case requests for interpretations shall be sent via email to purchasing@stcloudfl.gov. All such interpretations and supplemental instructions will be in the form of written Addenda to the Bidding Documents.
Only an interpretation or correction so given by written Addenda to the Bidding Documents shall be binding and prospective Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret the Bidding Documents.
EXAMINATION OF BIDDING DOCUMENTS AND SITE OF WORK —
Bidders are required, before submitting their proposal, to visit the site of the proposed work and completely familiarize themselves with the nature and extent of the work and any local conditions, which may in any manner affect the work to be performed and the equipment, materials and labor required. They are also required to examine carefully the drawings, specifications and other bidding documents, to inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect the work.
Bidders are responsible to determine if site conditions differ in any way from the drawings, specifications, and other bidding documents. The bidder has the responsibility to notify the Owner immediately of any errors in the drawings, specifications, and other bidding documents.
The Owner shall not be responsible for any item(s) overlooked by the bidder, including, but not limited to, underground or above ground utilities, soil conditions, or other obstacles. Submittal of a bid shall constitute acknowledgment of this requirement on the part of the bidder.
PROJECT DRAWINGS - CHANGES —
The Contractor shall immediately indicate plainly and conspicuously on the field set of drawings and at appropriate paragraphs in the specifications, all changes or corrections made by Addenda and Change Orders as they are issued.
Byrd Anti-Lobbying Amendment, 31 U.S. C. § 1352 (As Amended). —
1. Contractors who apply or propose for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
2. Federal Form ‘C.1’ titled “44 CFR. Part 18 – Certification Regarding Lobbying” is hereby attached and made a binding part hereof.
DISCOUNTS: —
Discounted Payment Terms shall not be considered in determining the lowest net cost for the Bid/Proposal evaluation purposes.
SHOP DRAWINGS —
Shop drawings shall be submitted for manufactured or fabricated materials as called for in the separate specification sections. Drawings shall be fully identified by project name, location, supplier's name, date, drawing number, specifications section reference, etc. The Contractor shall submit, with such promptness as to cause no delay in his work, or in that of any other Contractor, four (4) copies (in addition to those copies necessary for his own requirements) of all shop drawings, and schedules, required for the work of the various trades, to the Project Manager for approval. The Contractor shall make no deviation from the approved drawings, and the changes made thereto by the Architect, if any.
It shall be the responsibility of the Contractor to properly schedule the submission of shop drawings for approval to allow adequate time for checking of drawings, manufacture and shipment of items to job site in sufficient time to prevent delay in Progress Schedule.
It shall also be the responsibility of the Contractor to coordinate the preparation of shop drawings of items, which will be furnished by more than one manufacturer but are designed to interface when installed.
Shop drawings submitted to the Project Manager and Architect for approval shall first be checked and approved by the Contractor, the prima facie evidence of which shall be a "checked" stamp marked "Approved," or "Approved as Noted" on each copy of each shop drawing, placed thereon by the Contractor. Shop drawings received without the Contractor's "checked" stamp will be cause for immediate return without further action. Each drawing correctly submitted will be checked by the Architect and marked by him in one of the following ways:
1. Approved as drawn.
2. Approved as noted.
3. Returned for correction.
4. Not approved.
Submission and approval schedule:
If and when required by the Project Manager and Architect, the Contractor shall prepare and submit in triplicate to the Project Manager a completely itemized Schedule of Shop Drawings, brochures and other descriptive literature, listing each and all such items as required under these specifications, which schedule shall indicate for each required item:
1. Identification as to pertinent Specification Division.
2. Item(s) involved.
3. Name of pertinent subcontractor or supplier and the name of pertinent manufacturer.
4. Scheduled date of delivery of pertinent items to the project.
The subcontractors for all phases of the Contract shall submit through the General Contractor complete brochures covering all materials and/or equipment proposed for use in the execution of the work as required by their respective Divisions of the Specifications. These brochures shall be indexed and properly cross-referenced to the plans and specifications for easy identification.
All shop drawings, setting drawings, material brochures, samples and/or color selection materials, which are required and are not included in the foregoing shall be submitted via the General Contractor. Insofar as is possible or practical, all shop drawings or descriptive literature of equipment for the mechanical or electrical trades shall be submitted in a complete brochure for each trade as soon as possible after Notice to Proceed is executed.
Procurement of Recovered Materials. —
1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired:
  1. Competitively within a timeframe providing for compliance with the contract performance schedule;
  2. Meeting contract performance requirements; or
  3. At a reasonable price.
2. Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/products.htm.
  The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
BASIS OF BIDDING - TRADE NAME —
For clarity of description and as a standard of comparison, certain products have been specified by two or more trade names or manufacturers. Should any bidder desire to use products other than those specified, he shall request permission to do so via email to purchasing@stcloudfl.gov at least five (5) days prior to the deadline for questions, providing all necessary data. The permission, if granted, will be communicated by Addendum to all bidders. If a bidder is unable to procure written approval of a proposed substitution prior to the date, he shall base his bid on the Exact Items Specified.
Royalties. The Contractor shall pay all fees or royalties for any patented articles, operations or construction incorporated in or used in the execution of the work.
BRAND NAME OR EQUAL: —
If items called for by this invitation have been identified in the specifications by a "Brand Name or Equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be acceptable. Bids/Proposals offering "equal" products, when allowed, will be considered for Award if such products are clearly identified in the Bid/Proposal and are determined by the City to meet fully the salient characteristics requirements listed in the specifications. Highly technical or specialized equipment or commodities are to be performance equal and, therefore, must be pre-approved. Unless the Bidder/Proposer clearly indicates in his/her Bid/Proposal that he/she is offering an "equal" product, the Bid/Proposal shall be considered as offering the same brand name product referenced in the specifications. If the Bidder/Proposer proposes to furnish an "equal" product, when allowed, the brand name, if any, of the product to be furnished shall be inserted in the space provided or such product shall be otherwise clearly identified. The evaluation of Bids/Proposals and the determination as to equality of the product offered shall be the responsibility of the City and will be based on information furnished by the Bidder/Proposer. Procurement Services is not responsible for locating or securing any information, which is not identified in the Bid/Proposal and reasonably available to Procurement Services. To ensure that sufficient information is available, the Bidder/Proposer shall furnish, as a part of the Bid/Proposal, all descriptive material necessary for Procurement Services to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the Bidder/Proposer proposes to furnish and what the City of St. Cloud would be binding itself to purchase by making an Award.
ADDITIONAL TERMS & CONDITIONS: —
The City of St. Cloud reserves the right to accept or reject any and/or all Bids/Proposals, to waive irregularities and technicalities, and to request re-submission. Also, the City of St. Cloud reserves the right to accept all or any part of the Bid/Proposal. Any sole response received on the original bid submittal date may or may not be rejected by the City of St. Cloud depending on available competition and timely needs of the City of St. Cloud. The Vendor shall have the capability in all respects to perform fully the Contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capability, facilities, equipment, and credit, which will assure good faith performance to be a responsible Vendor. The City of St. Cloud reserves the right to make such investigation as it deems necessary to make this determination. Additional information shall be provided by the Vendor if requested by the City. Such information may include, but shall not be limited to, current financial statements; verification of availability of equipment and personnel, and past performance goals.
BID GUARANTY / BID BOND —
Bids shall be accompanied by a bid guaranty of not less than five percent (5%) of the amount of the bid, which may be a cashier's check, or Bid Bond made payable to the Owner. Bidder shall provide a copy of the check or a copy of the executed Bid Bond form with the submitted bid documents. The original bid bond or check should be sent by express mail to City of St. Cloud, Procurement Services, 1300 9th Street, Building A, 2nd Floor, St. Cloud, Florida 34769. Bidder acknowledges any executed document submitted electronically or digitally shall be considered an original. Such check or Bid Bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw their bid for a period of at least ninety (90) days after the scheduled closing time for the receipt of bids; that if the bid is accepted, Bidder will enter into a written contract with the Owner in accordance with the form of agreement included as a part of the Contract Documents, and that the required Payment and Performance Bonds will be given within the prescribed period of time as set forth in the specifications. In the event of the withdrawal of said bid within said period of time, or failure to enter into said Agreement and give said bond within ten (10) days after he has received notice of acceptance of bid, the Bidder shall be liable to the Owner for the full amount of the bid guaranty as representing the damage to the Owner because of default of the Bidder in any particular hereof. The forfeiture of the bid guaranty shall be considered not as a penalty but in liquidation of damages sustained.
The original bid bonds or checks shall be returned to all except the three lowest bidders after the formal opening of bids. The remaining bid bonds or checks will be returned to the lowest bidders after the Owner and the accepted bidder have executed the Agreement and Payment and Performance Bonds have been received and approved by the Owner. If the required Agreement and Bonds have been executed within at least ten (10) days after the date of the award of the bids, then the bid bond or check of any bidder will be returned upon request, provided notification of the acceptance of the bid was not received prior to the date of such request.
NOTICE: The bid bond must be signed by a Florida Licensed Resident Agent who holds a current Power of Attorney from the Surety Company issuing the Bond.
Prohibition on Contracting for Covered Telecommunications Equipment or Services —
1. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
2. Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
  (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
  
  (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
  
  (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
  
  (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
3. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
  
  (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
4. Exceptions. (1) This clause does not prohibit contractors from providing-(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
  
  (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
  
  (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that:
  
  i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
  
  (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
5. Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
  
  (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
  
  (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
  
  (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
  
  (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.”
REFERENCE TO ASTM OR FEDERAL SPECIFICATIONS —
Where reference is made to the Standard Specifications of the American Society for Testing and Materials (ASTM), United States Government Federal Specifications, or to other standard specifications of Associated Manufacturer's Organizations, or trades, in connection with the required quality of materials, methods, etc., then the applicable specifications shall be of the latest revised edition unless otherwise specifically stated.
MANUFACTURER'S SPECIFICATIONS —
Where the name of a concern or manufacturer is mentioned on drawings or in specifications in reference to his required service or product, and no qualifications or specification of such is included, then the material gauges, details of manufacture, finish, etc., shall be in accordance with his standard practice, directions or specifications. The Contractor shall be responsible for any infringement of patents, royalties, or copyrights, which may be incurred thereby.
SILENCE OF SPECIFICATIONS: —
The apparent silence of the specifications, and any supplemental specifications, as to any details, or the omission from same, of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be made upon the basis of this statement.
SURETY COMPANIES ACCEPTABLE TO OWNER —
To be acceptable to the Owner as Surety for both Bid Bonds and Payment and Performance Bonds, a Surety Company shall comply with the following provisions:
1. The Surety Company must be admitted to do business within the State of Florida.
2. The Surety Company shall have been in business and have a record of successful continuous operations in the State of Florida for at least five consecutive years.
3. The Surety Company shall have at least the following minimum ratings:
- A.M. Best's Policyholder's Rating of "A+" and "A", (which signifies A and A+ = Excellent, based upon good underwriting, economic management, adequate reserves for undisclosed liabilities, net resources for unusual stock and sound investment) or an equivalent rating from the Insurance Commissioner if not rated by Best's.
Any risk or portion of any risk which shall have been reinsured (in which case these minimum requirements contained herein only apply to the reinsuring carrier) in assuming insurer authorized or approved by the Insurance commissioner to do such business in this State shall be deducted in determining the limitation of risk prescribed in this section.
In the case of a surety insurance company, there shall be deducted in addition to the deduction reinsurance, the amount assumed by any co-surety; the value of any security deposited, pledged or held subject to the content of the surety and for the protection of the surety.
No separate payments will be made for providing bonds as prescribed herein.
For insurance coverage and amounts, please refer to the Instructions to Contractors Section
Department of Homeland Security (DHS) Seal, Logo and Flags. —
The Contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific preapproval from the appropriate Federal agency.
Compliance with Federal Law, Regulations and Executive Orders. —
This is an acknowledgement that Federal and state financial assistance may be used to fund payment for services provided under this contract. The Contractor will comply will all applicable federal law, regulations, executive orders, as well as policies, procedures and directives of the respective funding Federal grantor agency.
APPROVAL OF MATERIALS —
A list of all materials, equipment, etc., together with manufacturer's drawings and catalog information shall be submitted to the Project Manager for approval prior to ordering material or equipment but not later than thirty (30) days after receipt of Notice to Proceed. Information submitted shall show the capacity, operating conditions and all architectural data and descriptive information necessary for comparison and to enable the Architect to determine whether it meets specifications. The Architect approval will not relieve the Contractor of the responsibility for performance of any terms of the Agreement.
PATENTS AND ROYALTIES: —
The Bidder/Proposer, without exception, shall indemnify and save harmless the City of St. Cloud and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or un-patented invention, process, or article, manufactured or used in the performance of the Contract, including its use by the City of St. Cloud. If the Bidder/Proposer uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Bid/Proposal prices shall include all royalties or costs arising from the use of such design, device, or materials involved in the work.
LISTING OF SUBCONTRACTORS AND MAJOR MATERIALS SUPPLIERS —
In order that the Owner may be assured that only qualified and competent subcontractors and major material suppliers will be employed on the project, each Bidder shall submit with his proposal a list of the subcontractors and major material suppliers who will perform the work for each division of the specifications as indicated by the list of subcontractors and material suppliers form contained in these specifications. The bidder shall have determined to his own complete satisfaction that a listed subcontractor and major material supplier has been successfully engaged in this particular type of business for a reasonable length of time, has successfully completed installations comparable to that which is required by this agreement and is qualified both technically and financially to perform that pertinent phase of this work for which he is listed. Only one subcontractor shall be listed for each phase of the work. Bidders listing their own company name in certain areas of subcontract work may be asked to demonstrate to the satisfaction of the Owner/Architect/Engineer their past experience and competence in these areas. The applicable subcontractor license registration or certification number must be noted on the bid opposite his name, and in the event the subcontractor is a corporation, his state corporate charter number shall also be noted. If the subcontractor is an out-of-state (foreign) firm, his charter number with the Secretary of State to do business in the State of Florida should also be noted.
NO CHANGE SHALL BE MADE IN THE LIST OF SUBCONTRACTORS OR MATERIAL SUPPLIERS BEFORE OR AFTER THE AWARD OF THE CONTRACT, UNLESS AGREED TO IN WRITING BY THE OWNER PRIOR TO THE COMMENCEMENT OF WORK BY THE SUBCONTRACTOR OR MATERIAL SUPPLIER.
The listing of any proposed Subcontractor and major material supplier does not create any contractual rights between the proposed Subcontractor or material supplier and the Owner.
The Owner reserves the right to approve or disapprove any Subcontractor or material supplier.
UNIFORM COMMERCIAL CODE: —
The Uniform Commercial Code (Florida Statues, Chapter 672) shall prevail as the basis for Contractual obligations between the Awarded Vendor/Contractor and the City of St. Cloud for any terms and conditions not specifically stated in this Bid/Proposal.
No Obligation by the Federal Government. —
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, or any other party pertaining to any matter resulting from the contract.
SEPARABILITY —
No contract between the City and the successful bidder shall be deemed to exist prior to execution, by both parties, of a formal written agreement, and the issuance of a purchase order or confirmation letter, pursuant to Section 2-187 of the St. Cloud City Code. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to nor borne by the City.
SUBSTITUTIONS —
The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.
Should any bidder desire to use products other than those specified, bidder shall request permission and provide all necessary data prior to the deadline for questions via the Portal in the 'Questions and Answers' section. If a bidder is unable to procure written approval of a proposed substitution prior to the date, bidder shall base bid on the Exact Items Specified. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or other work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final.
The permission, if granted, will be communicated by Addendum to all bidders. Bidders shall not rely upon approvals made in any other manner.
No substitutions will be considered after the contract award unless specifically provided for in the Contract Documents.
Substitutions During Bidding Period - Requests for substitutions during the question period will be considered and treated as stated herein. Once bids have been received, the Owner and Architect will prepare the contract on the basis that all items are those specified in the Specifications, shown on the Drawings, or approved in Addenda issued during the bidding period. The approval of a product during the bid period does not negate the requirement for the submission of complete data during the construction period in accordance with the Section "Submittal Data." Should further investigation on a product approved during the bid period indicate that the product does not meet the essential requirements of the project; the Contractor shall make such modifications as are necessary to meet these essential requirements.
Additional provisions are as follows:
The Contractor shall place orders for specified materials and equipment promptly upon award of Contract. No excuse or proposed substitution will be considered for materials and equipment due to unavailability, unless proof is submitted that firm orders were promptly placed for the item listed in the Specifications. The reason for the unavailability must be, as determined by the Owner, beyond the control of the Contractor such as strikes, lockouts, bankruptcy, discontinuance of the manufacture of a product, or acts of God, and shall be made known in writing to the Project Manager within ten (10) days of the date that the Contractor ascertains that he cannot obtain the material or equipment specified. Requests shall be accompanied by a complete description of the material or equipment, which the Contractor wishes to use as a substitution.
EEO STATEMENT: —
The City of St. Cloud is committed to assuring equal opportunity in the Award of Contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, handicap, age, and gender. The City of St. Cloud recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority-owned and women-owned business enterprises. All Bidders/Proposers are asked to make an affirmative statement as to their support of all applicable equal opportunity/affirmative action requirements. A copy of the City's Employment Opportunity policy is available upon request.
WITHDRAWAL OF BIDS —
Bidders may withdraw, alter and resubmit their bids through the Portal at any time prior to the bid due date and time. Bids may not be withdrawn, altered or resubmitted after the bid due date and time. The City of St. Cloud may request clarifications and additional information after proposal submission. Negligence on the part of the Bidder in preparing the bid confers no right for withdrawal of the bid after it has been opened.
Fraud and False or Fraudulent or Related Acts. —
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract.
CONSTRUCTION CLIMATE CONTROL —
It shall be the responsibility of the Contractor to provide, at his expense, the power, fuel and equipment necessary to maintain climatic conditions and humidity when specified or required for work in progress.
DISQUALIFICATION OF BIDDERS —
The Bidder may be disqualified and his Bid rejected by the Owner for any one of the following reasons among others:
1. Submission of more than one Bid for the same work by an individual, firm, partnership or corporation under the same or different names.
2. Evidence of collusion among Bidders.
3. Submission of an unbalanced Bid in which the prices quoted for some items are obviously out of proportion to the prices quoted for other or similar items in the same Bid.
4. The Contract will be awarded only to a Bidder rated as capable of performing the service. The Owner may declare any Bidder ineligible at any time during the process of receiving Bids or awarding the Contract where developments arise which, in the opinion of the Owner, adversely affect the Bidder's responsibility. However, the Bidder will be given an opportunity by the Owner to present additional evidence before final action is taken.
5. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress, financial irresponsibility.
6. Uncompleted work for which the Bidder is committed by contract which, in the judgment of the City, might hinder or prevent the prompt completion of work under this Contract, if awarded to such Bidder.
7. Being in arrears on any of his existing or prior contracts with the Owner or in litigation with the Owner therein, or having defaulted on a previous contact with the Owner.
8. These clauses are to be construed liberally; however, any other evidence, which may hinder or otherwise delay completion of the project, would be grounds for disqualification.
AS-BUILT DRAWINGS —
During the progress of the work the Contractor shall require the job superintendent for the job and any subcontractor to record on their field sets of drawings the exact locations, as installed, of all underground and otherwise concealed conduit, pipe and duct lines, which were not installed exactly as shown on the contract drawings. This information shall be transmitted to the Owner's representative, in writing, in a timely manner, at the time of discovery of the conduit, pipe or duct lines, and on a regular basis, throughout the course of construction.
The Contractor shall review the completed as-built drawings and it shall be the Contractor's sole responsibility to ascertain that all data furnished on the drawings are accurate and truly represent the work as actually installed. The prints including those unchanged and changed shall be submitted to the Owner when completed, for certification. At time of request for final payment, the Contractor shall submit the "As-Builts" (four (4) paper copies and one (1) digital copy on CD) certified by a Professional Florida Surveyor to Owner through the Project Manager, and shall obtain a receipt for same. The provided as-built survey drawings shall conform to the City of St. Cloud Standard CAD formatting system. Partial or final payment will not be made until this requirement is met.
SAFETY WARRANTY: —
The selling dealer, distributor, supplier, contractor, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified, and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and governmental agencies.
Compliance with the “Davis-Bacon Act”: —
1. In accordance with the requirements of the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction) as amended), all prime construction contracts in excess of $2,000 must comply with the Davis-Bacon Act. CONTRACTORS are required to pay wages to laborers and mechanics at a rate not less that the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must pay wages not less than once a week.
2. The CITY shall report all suspected or reported violations to the appropriate Federal agency in accordance with 2 C.F.R. Part 200, Appendix II, ¶ D
GUARANTEES AND OPERATING INSTRUCTIONS —
Except as otherwise specified, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for one year from the date of final completion of the contract, or from full occupancy or use of the project (for which it was designed) by the Owner, whichever is later. If, within any guarantee period, repairs or changes are required in connection with the guarantee work, which in the opinion of the Architect is rendered necessary as the result of the use of materials, equipment or workmanship, which are defective, or inferior, or not in accordance with the terms of the Contract, the Contractor shall, promptly upon receipt of notice from the Owner, and without expense to the Owner, proceed to:
1. Place in satisfactory condition in every particular all of such guaranteed work and correct all defects therein; and
2. Make good all damages to the structure or site, or equipment or contents thereof, which, in the opinion of the Architect is the result of the use of materials, equipment or workmanship, which are inferior, defective, or not in accordance with the terms of the contract; and
3. Make good any work or materials, or the equipment and contents of structures or site disturbed in fulfilling any such guarantee.
If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the Owner may have the defects corrected and the Contractor and his Surety shall be liable for all expenses incurred by the Owner.
The General Contractor shall be responsible for collecting, identifying, indexing and collating the following materials from any subcontractors, and will deliver four copies of the finished document to the Project Manager for checking of correctness. The Project Manager will deliver two copies to the Owner and obtain signed receipts:
Complete equipment diagrams, operating instructions, maintenance manuals, parts lists, wiring diagrams, pneumatic and/or electrical control diagrams, test and balance reports, inspection reports, guarantee and warranties, as applicable, for each and every piece of Fixed Equipment furnished under this contract to be supplied in a ring binder, hard-cover book, properly indexed for ready reference. Also, specific information regarding manufacturer's name and address, nearest distributor and service representative's name, address, office and home phone numbers, make and model numbers, operating design and characteristics, etc., will be required. All information submitted shall be updated to reflect existing conditions.
Subsequent to the time of Substantial Completion and receipt of As-Builts, Operations and Maintenance Books but prior to the date of Final Acceptance, the Contractor and/or Subcontractor shall provide a competent and experienced man (or men) thoroughly familiar with the work for a reasonable period of time to instruct the Owner's Using Agency personnel in operation and maintenance of equipment and control systems. This instruction will include normal start-up, run, stop, and emergency operations, location and operation of all controls, alarms and alarm systems, etc. The instruction will include tracing the system in the field and on the diagrams in the instruction booklets so that operating personnel will be thoroughly familiar with both the system and data supplied.
WARRANTY: —
The Bidder/Proposer agrees that, unless otherwise specified, the supplies and/or services furnished under this Bid/Proposal shall be covered by the most favorable commercial warranty the Bidder/Proposer gives to any customer for comparable quantities of such supplies and/or services, and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City of St. Cloud by any other provision of this Bid/Proposal
Compliance with the Copeland “Anti-Kickback Act”: —
1. The CONTRACTOR hereby agrees to comply with the Copeland “Anti-Kickback” Act (40 U.S. C. 3145), as supplemented by the Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”.
2. Each CONTRACTOR or SUBCONTRACTOR are hereby prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
3. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
4. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONTRACTOR and subcontractor as provided in 29 C.F.R. § 5.12.
5. The CITY shall report all suspected or reported violations to the appropriate Federal agency in accordance with 2 C.F.R. Part 200, Appendix II, ¶ D
PREPARATION AND ELECTRONIC SUBMISSION OF BIDS —
Bids shall be submitted electronically through the Portal
1. Enable printing on files submitted.
2. Contact technical support using the real-time chat bubble located in the lower right-hand corner of the Portal, or at procurement-support@opengov.com , if technical difficulties arise during bid submission.
3. Follow all instructions outlined in the ITB and provide all requested information.
Bidder shall assume full responsibility for timely electronic submission through the Portal for receipt of bids. Bids will not be accepted after the due date and time.
Bidder acknowledges any executed document submitted electronically or digitally shall be considered an original.
CLEANING —
The Contractor shall leave the project clean and free from all debris and any adjoining property disturbed shall be left in as good or better condition as before the construction started. Written releases from all affected citizens, property owners, and other governmental agencies involved, shall be required prior to release of final payment.
RECEIPT AND OPENING OF BIDS —
Bids will be opened publicly via a virtual Zoom meeting at the date and time stated in the Invitation for Bid. The officer whose duty it is to open them will decide when the specified time has arrived.
At the time fixed for the opening of bids, bids will be made public for the information of Bidders in the Portal.
Hatch Act —
The CONTRACTOR shall comply with the Hatch Act, 5 USC 1501 – 1508, and shall ensure that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
AWARDS: —
As the best interest of the City may require, the right is reserved to make Award(s) by individual item, group of items, all or none, or a combination thereof, on a geographical basis and/or on a countywide basis, to reject any and all Bids/Proposals, or waive any minor irregularity or technicality in Bids/Proposals received. Bidders/Proposers are cautioned to make no assumptions unless their Bid/Proposal has been evaluated as being responsive. All Awards made as a result of this Bid/Proposal shall conform to applicable ordinances of the City of St. Cloud. The City may return, for full credit, any unused items received which fail to meet the City's performance standards. City of St. Cloud reserves the right to cancel an Awarded Bid/Proposal upon due cause, i.e. vendor misrepresentation, vendor negligence, non-performance, etc., via written notice. The vendor will be responsible WAIVER: The City reserves the right to reject any Bid/Proposal, or part thereof, or to accept any Bid/Proposal that it deems in its best interest. Further, the City reserves the right to waive informalities.
CONFLICT OF INTEREST: —
The Award hereunder is subject to provisions of State Statutes and City Ordinance. All Bidders/Proposers must disclose with their Bid/Proposal the name of any officer, director, or agent, who is also an employee of the City. Further, all Bidders/Proposers must disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder's/Proposer’s firm or any of its branches.
REJECTION OF BIDS, DISQUALIFICATION OF BIDS —
Any or all bids will be rejected if there is reason to believe that collusion exists among the Bidders and no participants in such collusion will be considered in future bids.
Falsification of any entry made on the Contractor's bid will be deemed a material irregularity and will be grounds, at the Owner's option, for rejection.
The Owner reserves the right to reject any or all bids, to waive technicalities, and to reject the bid of a Bidder who is not in a position to perform the contract.
SUBLETTING OR ASSIGNMENT OF CONTRACT —
No part of the Contract shall be sublet and no work shall be performed under any subcontract without the prior written approval of the proposed subcontractor by the Owner; which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement will contain such information as the Owner may require. The amount of the work that is sublet shall be limited by the condition that the Contractor shall perform with his own organization, work amounting to not less than fifty percent (50%) of the total Contract cost.
Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and the owner.
*No assignment of the Contract may be made to any financial institution or other body without the prior express written approval of the Owner.
AWARD OF CONTRACT —
The contract will be awarded as soon as possible to the overall lowest, responsive and responsible Bidder in accordance with award criteria, provided the bid is reasonable and it is in the best interests of the Owner to do so. The obligations of the City of St. Cloud under this agreement are subject to the availability of funds lawfully appropriated for its purpose. All purchases are contingent upon available City of St. Cloud funding
The Owner reserves the right to waive any informality in bids received when such waiver is in the best interests of the Owner.
The Agreement will only be entered into with responsible contractors, found to be satisfactory by the Owner, qualified by experience and in a financial position to do the work specified.
Award Criteria
1. The Owner will use general award criteria to review responsiveness and qualifications of the Bidders.
2. Past performance, in this type construction will be a factor in award.
3. Financial Capability and experience in projects of similar nature and size ($ value) will be a factor in award.
The Owner reserves the right to approve/disapprove any subcontractors.
Each Bidder shall, if so requested by the Owner, present additional evidence of his experience, qualifications and ability to carry out the terms of the contract, including a certified financial statement.
PAYMENTS TO CONTRACTOR (See Schedule of Contract Values) —
1. Not later than the third (3rd) day of each calendar month, the Contractor shall submit a progress payment request to the Owner based on an Owner approved estimate of the work performed during the preceding calendar month under the Contract. Upon acceptance of the PARTIAL PAYMENT AUTHORIZATION by the Contractor's signature, attesting to such acceptance, the Owner will process the Partial Payment Authorization according to Florida Statute Section 218.70, the Prompt Payment Act, and all City Policies promulgated thereby. To insure proper performance of the Contract, the Owner shall withhold retainage until final completion and acceptance of all work covered by the Contract.
  1. Updated Construction Schedule.
  2. Updated As-Built Prints.
2. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration.
3. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the Owner to require fulfillment of all the terms of the Contract.
4. The Contractor agrees that they will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnisher(s) of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designed have been paid, discharged, or waived. If the Contractor fails to do so, then the Owner, may, after having served written notice on the said Contractor, either pay unpaid bills, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract. In no event shall the hereinabove provisions be construed to impose any obligations upon the Owner to either the Contractor or their Surety.
5. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payment made in good faith.
6. Contractor shall furnish proper mailing address for such payments, if such address is different from that shown on Bid Proposal.
7. Acceptance of final payment as release: The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from any obligation under this Contract or the Performance and Payment Bond.
8. The Contractor's application for final payment shall be accompanied by:
  1. Contractor Request - Final Payment Affidavit
  2. Subcontractors’ / Suppliers’ Affidavits
  3. Certification of Completion
WAIVER: —
The City reserves the right to reject any Bid/Proposal, or part thereof, or to accept any Bid/Proposal that it deems in its best interest. Further, the City reserves the right to waive informalities.
CONTRACT MODIFICATIONS (CHANGE ORDERS) - INCREASES OR DECREASES IN QUANTITIES OF WORK —
The Owner may, without notice to the Sureties and without change in contract price, make such alterations in the plans or in the character and quality of the work as may be considered necessary or desirable during the progress of the work to complete fully and acceptably the proposed construction, provided that such alterations do not change the total cost of construction. Such alterations will not be considered as a waiver of any condition of the Contract, nor will they invalidate any of the provisions thereof; and the Contractor shall perform the work as increased or decreased and no allowances will be made for anticipated profits.
The Owner shall have the authority to make any minor changes in the work, not involving extra costs to the Contractor and not inconsistent with the purposes of the project without invalidating the Contract; but otherwise, except in an emergency endangering life or property, the Owner will not order any extra work or make any changes unless in pursuance of a written Change Order executed by the Project Manager, Owner and Contractor. The Contract sum and Contract time may be changed only by a written Change Order. A Change Order is a written order to the Contractor signed by the Owner and the Project Manager, issued after the execution of the Contract, authorizing a change in the work or an adjustment in the Contract sum or the Contract time.
The Contractor shall not start work on any alteration requiring a Change Order until the Change Order setting forth the adjusted prices has been executed by the Owner and Contractor, and is covered by duly executed payment and performance bonds which are satisfactory to the Owner. The Contractor shall perform the work as altered, increased or decreased at the Contract unit price or prices.
Change Orders increasing or decreasing the quantity of work or the total costs thereof, as provided above, are independent of and do not waive any of the provisions regarding extra work as stipulated herein under the article "Extra Work - Force Account."
If a satisfactory adjustment and price cannot be reached for any item requiring a Change Order, the Owner reserves the right to terminate the Contract as it applies to the item in question and make such arrangements as may be deemed necessary to complete the work.
If the Contractor wishes to make a claim for an increase in the Contract sum or an extension in the contract time, he shall give the Owner written notice thereof within ten (10) days after the occurrence of the event giving rise to such claim. The notice shall be given by the Contractor before proceeding to execute the work, except in an emergency endangering life or property. Any change in the Contract sum or Contract time resulting from such claim shall be authorized by Change Order.
EXTRA WORK - FORCE ACCOUNT - The same shall be called extra work and shall be performed by the Contractor when so directed in writing by the Owner via a duly executed Change Order. Extra work shall be performed by the Contractor in accordance with these specifications in a proper and workmanlike manner and as may be directed by the Owner's Representative.
Prices for extra work shall be itemized and covered by a change order submitted by the Contractor and approved by the Owner prior to the actual starting of such work. Should the parties be unable to agree on unit prices for the extra work, or if this method is impractical, the Owner may instruct the Contractor to proceed with the work by day labor or force account.
Claims for extra work not authorized in writing by the Owner or its duly authorized representative prior to the work being done shall be rejected.
DELAYS AND EXTENSIONS OF TIME - Time is of the essence in this Contract. The Contractor shall perform the work entirely and in a satisfactory and acceptable manner within the time limit stated in the Contract Agreement and in the Special Conditions. Time for the completion of the project will be assessed against the Contract beginning with the date of receipt of notice to proceed by the Contractor or its duly authorized representative; or within three (3) calendar days after date of Contract, if no notice to proceed is given. If no notice to proceed is given, receipt of duly executed contract documents by the Contractor is considered to be such notice to proceed.
No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor.
Adverse weather conditions may be considered by the Owner or authorized representative to be reason for an extension of the construction time. Adverse weather shall be defined as exceptions to average weather conditions compiled from official U.S. Weather Bureau records for the last five (5) years.
All claims for extension of time for any reason whatsoever shall be made in writing to the Owner no more than ten (10) days after the occurrence of the delay; otherwise, they shall be waived.
The Contract time shall be extended only by a duly executed Change Order signed by both the Contractor and the Owner for such reasonable time as the Owner may determine. The Contractor is barred from recovering damages for delay; however, the Owner is not barred from recovering damages for delay. Any Change Order modification executed pursuant to the Contract shall be directly incorporated into the Surety Agreement. The Contractor shall present to the Owner sufficient written evidence showing that the Surety will comply with the Change Orders pursuant to the Contract.
CONTRACT MODIFICATIONS (TIME EXTENSION)
The Contractor shall perform the work entirely and in a satisfactory and acceptable manner within the time limits stated in the Contract Agreement and in the Special Conditions. Time for the completion of the project will be assessed against the Contract beginning with the date of receipt of Notice to Proceed by the Owner, or its duly authorized representative; or within three (3) calendar days after date of Contract, if no Notice to Proceed is given. If no Notice to Proceed is given, receipt of duly executed Contract Documents by the Contractor is considered by the Owner to be such Notice to Proceed.
No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor.
Adverse weather conditions will be considered by the Owner or authorized representative to be reason for an extension of the construction time. Adverse weather shall be defined as exceptions to average weather conditions compiled from official U.S. Weather Bureau records for the last five (5) years.
NOTICE: SURETY AGREEMENT: Any Change Order modification pursuant to this Agreement shall be directly incorporated into Surety Agreement as specified. Contractor shall present sufficient evidence stating Surety will comply with changes made under this Contract.
TIME OF COMPLETION AND LIQUIDATED DAMAGES —
The Contractor understands that time is of the essence. The work to be performed under this contract shall be commenced within ten (10) calendar days after receipt of Notice to Proceed, shall be substantially completed within one hundred fifty (150) calendar days after receipt of Notice to Proceed, and shall be finally completed within thirty (30) calendar days after the date of substantial completion.
Time for the completion of the project will be assessed against the Contract beginning with the date of receipt of Notice to Proceed by the Contractor or within three (3) calendar days after date of Contract, if no Notice to Proceed is given. If no Notice to Proceed is given, receipt of duly executed Contract Documents by the Contractor is considered by the Owner to be such Notice to Proceed.
Inasmuch as failure to complete the project within the time fixed in the Agreement will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that if the project is not substantially completed, within the specified number of calendar days, or within the extension of time provided in a Change Order, the Contractor shall pay to the Owner as liquidated damages for such delay, not as a penalty, per the most recent edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, for each and every calendar day elapsing between the date fixed for substantial completion and the date such substantial completion shall have been fully accomplished.
It is also hereby agreed that if this project is not finally completed, in accordance with the requirements of the contract documents, per the most recent edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, the Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty, for each and every calendar day elapsing between the date fixed for final completion and the date such final completion shall have been fully accomplished. Said liquidated damages shall be payable in addition to any extra expenses or costs incurred by the Owner including, but not limited to: inspection and supervision occasioned by the delay; materials and equipment storage fees; additional employee salaries and benefits; rental of space; all utilities; and shall not exclude the recovery of damages by the Owner under other provisions of the contract documents.
The provision of liquidated damages for delay shall in no manner affect the Owner's right to terminate the contract as provided herein, or elsewhere in Contract Documents. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay said liquidated damages in the amounts set forth in the Agreement.
It is further agreed the Owner may deduct from the balance retained by the Owner under the provisions of the Agreement, the liquidated damages stipulated therein, or such portion thereof as the said retained balance will cover.
FUND AVAILABLITY: —
Any Contract resulting from this solicitation is deemed effective only to the extent that funds are available. The City of St. Cloud abides by the provisions set forth in Florida Statutes relative to appropriations of funds. The ability of the successful Bidder/Proposer to maintain a sense of fiscal responsibility and budgetary awareness shall be favorably considered in the ranking and award of a contract. This disclosure is being made to assist all Bidders/Proposers in the gauging of their desire to participate in this Bid/Proposal and in planning and preparation of their written response. The City reserves the right to negotiate all Bidder/Proposer fees, costs, charges, etc., for any proposed service or appurtenant requirement.
PAYMENTS: —
Payments shall be made pursuant to Florida Statute Section 218.70, the Prompt Payment Act, and all City Policies promulgated thereby.
PERMIT —
For the purposes of this contract, permits will be identified as follows:
Business Tax Receipt:
The Tax Collector of Osceola County and the Building Department of the City of St. Cloud require a Business Tax Receipt.
Project Permits:
Contractor shall obtain applicable permit(s) from the City of St. Cloud Building Department at Contractor’s expense.
Building Department Fee Schedule is provided in Attachments.
TERMINATION OF CONTRACT —
TERMINATION FOR CONVENIENCE
The Owner may, at its option and discretion, terminate the Contract at any time, without any default on the part of the Contractor, by giving a written notice to the Contractor and his Surety at least ten (10) calendar days prior to the effective date of the termination set forth in the Notice of Termination.
In the event of termination by the Owner the Contractor shall be governed by the terms and conditions and shall perform the acts as outlined in the article "Implementation of Termination."
In the event of termination by the Owner, the Owner shall pay the Contractor for all properly performed labor, materials, and equipment furnished by the Contractor and his subcontractors, materials, suppliers, and manufacturers of equipment as follows, less all partial payments made on account prior to the date of termination:
All work completed under the Contract is based upon the approved schedules of unit prices. Upon termination as above, the Owner shall make final determination as to the amount due the Contractor for work performed.
TERMINATION FOR CONTRACTING WITH SCRUTINIZED COMPANIES
City may terminate this contract at any time in accordance with Section 238.135 Florida Statutes, as may be amended.
TERMINATION FOR CAUSE
DEFAULTS BY THE CONTRACTOR: The Contractor may be declared in default and this Contract may be terminated by the Owner for any one of the following reasons among others:
1. Failure of the Contractor to start work within the time stated in the Bid Response Form (Submittal) (Time of Completion and Liquidated Damages).
2. Failure of the Contractor to maintain satisfactory progress.
3. Failure of the Contractor to make good any defects in materials furnished or work performed.
4. Failure of the Contractor to pay for work performed and materials and supplies furnished under the Contract.
5. Insolvency of the Contractor.
6. Death of the Contractor, if an individual.
7. Abandonment of work on the project.
8. Evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the Owner in the construction/service of the work under the Contract.
With respect to item (c) above, in lieu of termination, but subject to with same written notice hereinbefore and without further notice to the Contractor or the Surety, the Owner may elect to make good such defects and deduct the costs thereof from any sums when due or thereafter to become due to the Contractor. Further, this clause shall in no way impair the Owner's right to seek retribution from Contractor for any costs incurred due to Contractor's failure to perform as specified in the Contract.
IMPLEMENTATION OF TERMINATION - The Contractor shall terminate all work under the Contract on the date specified in the Notice of Termination and shall:
1. Terminate all orders and subcontracts which may be terminated without costs.
2. Terminate and settle, subject to approval by the Owner, other orders and subcontractors where the cost of settlement will be less than costs which would be incurred were such orders and subcontracts to be completed.
The Contractor shall, to the extent stated in the Notice of Termination, do such work as may be necessary to preserve the work in progress and to protect material, plant and equipment on the work.
The Owner may then proceed with the work in any lawful manner that it may elect until the work is finally completed.
When the work is thus finally completed, the total cost of it will be computed. If the total cost is more than the Contract Price, the difference shall be paid either by the Contractor or his Surety.
The Owner hereby reserves the right to withhold any payments of monies, which may be due or become due to the Contract until the Contractor's said defaults have been remedied, in lieu of termination.
REQUIRED PROVISIONS DEEMED INSERTED —
Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction.
BID PROTEST —
Any actual or prospective Bidder, Proposer, Submitter, or Contractor who is aggrieved in connection with a solicitation or award of a bid or agreement may protest in accordance with the appeal process in the St. Cloud Procurement Policy.
GOVERNING LAWS: —
Any contractual arrangement between the City of St. Cloud and the Bidder/Proposer shall be consistent with, and be governed by, the ordinances of the City of St. Cloud, the whole law of the State of Florida, both procedural and substantive, and applicable federal statutes, rules, and regulation. Any and all litigation arising under any contractual arrangement shall be brought in the appropriate court in Osceola County, Florida.
RESTRAINT OF TRADE OR COMMERCE —
Every contract, combination or conspiracy in restraint of trade or commerce in this State is unlawful (Florida Statutes 542.18). All Federal Regulations pertaining thereto apply.
TESTS —
The Contractor will pay for all required tests, including those proving satisfactory operation of equipment, pressure leakage tests and disinfection. The Contractor will contract directly with test labs. Generally, tests will be compaction and density tests, limerock quality tests, and concrete quality tests (cylinder breaks). On asphaltic concrete and pipe, the manufacturer's or supplier's certificate that the material meets the requirements of the specification will be accepted subject to verification by the Owner's Architect. Any and all tests which have to be repeated because of the failure of the tested material to meet specifications shall be paid for by the Contractor.
STATEMENT OF INTEREST: —
All Bidders/Proposers must disclose with their offer the name of any corporate officer, director, or agenda who is also an officer or employee of the City of St. Cloud. Further, all Bidders/Proposers must disclose the name of any City officer or employee who owns, directly or indirectly, an interest of ten percent (10%) or more of the Bidder’s/Proposer’s firm or any of its branches, subsidiaries, or partnerships.
OTHER CONTRACTS —
The Owner may award other contracts for additional work at the same site or at adjoining sites, and the Contractor shall cooperate fully with the other contractors and carefully fit his own work to that provided for under such other contracts. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor.
CHANGES: —
The City of St. Cloud reserves the right to order, in writing, changes in the work/services within the scope of the Contract, such as changes in quantity or delivery schedule. The successful Bidder/Proposer has the right to request an equitable price adjustment in cases where modifications to the Contract under the authority of this clause result in increased costs to the Contractor.
SAFETY STANDARDS —
Unless otherwise stipulated in the bid documents all labor, materials, supplies and/or services shall comply with the applicable OSHA Standards.
BID/PROPOSAL AS PUBLIC DOMAIN: —
All documents and other materials made or received in conjunction with this project will be subject to public disclosure requirements of Chapter 119, Florida Statutes. The Bid/Proposal will become part of the public domain upon opening. Bidders/Proposers must invoke the exemptions to disclosure provided by law in the response to the Bid, must identify the data or other materials to be protected and must state the reasons why such exclusion from public disclosure is necessary.
PROTECTION OF PERSONS AND PROPERTY —
SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:
1. All employees on the work and all other persons who may be affected thereby; and
2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and
3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.
The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss.
This requirement shall include all health, safety and fire protection regulations of the Florida Industrial Commission and the Department of Labor Safety and Health Regulations and construction promulgated under the Occupational Safety and Health Act of 1970 (P191-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (P191-54). These regulations are administered by the Department of Labor who shall have full access to the Project for inspection, etc. Compliance with the above is strictly the responsibility of the Contractor and shall in no event be considered reason for additional time or monetary compensation.
In the event that a hurricane or storm emergency is imminent, the Contractor shall, at his own expense and without cost to the Owner, take all necessary measures to secure all his movable property, building work or plant in such manner that no damage to public or private property or to persons may result by reason of displacement of the Contractor's material, equipment or plant during such hurricane or storm.
The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.
The Contractor shall promptly remedy all damage or loss caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible except damage or loss attributable to the acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either or them may be liable, and not attributable to the fault or negligence of the Contractor.
The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated by the Contractor in writing to the Owner and the Project Manager.
The Contractor shall not load or permit any part of the work to be loaded so as to endanger its safety.
EMERGENCIES
In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss.
CODES —
All applicable code, rules, and regulations requirements must be followed. It is the Contractor's responsibility to become familiar with such codes and maintain full compliance with all applicable local, state, and federal requirements including, but not limited to, those promulgated by the City of St. Cloud, Osceola County, the Florida Department of Transportation, the Florida Department of Environmental Protection, the US Environmental Protection Agency, the South Florida Water Management District, the Occupational Safety and Health Administration, Equal Employment Opportunity Regulations, and Federal Labor Standards Regulations.
QUALIFICATIONS: —
Bidders/Proposers shall provide, within the Bid/Proposal submitted, substantial data sufficient for evaluating the ability of the potential Bidder/Proposer to execute a project of the type contemplated.
UNCOVERING AND CORRECTION OF WORK —
UNCOVERING OF WORK
If any portion of the work should be covered contrary to the request of the Project Manager or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for his observation and shall be replaced at the Contractor's expense.
ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK
If the Owner prefers to accept defective or non-conforming work he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. By accepting such defective or non-conforming work, the Owner shall not be held to have waived any other provision of this Contract.
CORRECTION OF WORK
The Contractor shall correct all work rejected by the Architect as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, within thirty (30) calendar days after receipt of written notice. The Contractor shall bear all costs for correcting such rejected work, including compensation for the Architect 's additional services made necessary thereby.
If, within one year after the date of Substantial Completion of the work or designated portion thereof or within one year after acceptance by the Owner of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it within seven (7) calendar days, after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The Owner shall give such notice as soon as practicable after discovery of the condition by the Owner.
NOTE: In emergency or urgent need situations, where the health, safety, or welfare of persons or property is affected, the Owner reserves the right to repair or cause to have repaired any failed section of work without prior notice to the Contractor.
The Contractor shall remove from the site all portions of the work which are defective or non-conforming and which have not been corrected unless removal is waived by the Owner.
If the Contractor does not proceed with the correction of defective or non-conforming work within the time fixed by these contract documents, by written notice from the Project Manager, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten (10) days thereafter, the Owner may, upon ten (10) additional days written notice, sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect 's additional services made necessary thereby. If such proceeds of sale do not cover all costs, which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner.
The Contractor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal.
Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation, which the Contractor might have under the Contract Documents, hereof. The establishment of the time period of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to his obligations other than specifically to correct the work.
RIGHTS AND REMEDIES
No action or failure to act by the Owner shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an applicable defense or acquisition in any breach thereunder, except as may be specifically agreed in writing.
DIFFERING SITE CONDITIONS —
The Contractor must inform the Owner of any errors in the drawings or specifications at the time said errors are discovered, and that the Contractor will not be entitled to additional compensation as a result of any such errors unless a duly executed Change Order is issued by the Owner as a result of the error.
IDEMNIFICATION: —
The successful Bidder/Proposer covenants and agrees to indemnify and save harmless the City, its agents and employees, from and against all claims, suits, actions, damages, causes of action, or judgments arising out of the terms of the resulting agreement for any personal injury, loss of life, or damage to the property sustained as a result of the performance or non-performance of services or delivery of goods; from and against any orders, judgments, or decrees, which may be entered against the City, its agents or employees; and from and against all costs, attorney’s fees, expenses and other liabilities incurred in the defense of any such claim, suit, or action and the investigation thereof. Nothing in the award, resulting agreement, contract, or Purchase Order shall be deemed to affect the rights, privileges, and immunities of the City as set for in Florida Statute Section 768.28.
TIME FOR PERFORMANCE: —
The services described herein and on the attached shall be performed in a prompt and correct manner within the standards of good and ethical productivity as negotiated between the City and the successful Bidder/Proposer. All Bidders/Proposers are asked to provide their best estimate for compliance with the scope of work as established by the Bid/Proposal. All contract time lines will be based on the projected scope and the estimated time for performance.
PERMITS/LICENSES/FEES: —
Any permits, licenses, inspections, or fees required will be the responsibility of the Contractor. No separate payment will be made.
MODIFICATIONS: —
In addition to changes made under the changes clause, any contract resulting from this solicitation may be modified within the scope of the contract upon the written and mutual consent of both parties and approval by the City of St. Cloud.
NO ADDITIONAL TERMS AND CONDITIONS: —
No additional terms and conditions included with the proposal response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force and effect and are not applicable to this proposal. If submitted, either purposely through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties, it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this proposal, and the Bidder’s/Proposer’s authorized signature affixed to the proposal signature section attests to this.
INSURANCE: —
During the entire period of performance of any contract resulting from this solicitation, the successful Bidder/Proposer shall procure and maintain the minimum insurance coverage required by the City of St. Cloud as stipulated in the insurance attachment. Types of coverage and limits of liability shall be as set forth in the Agreement. Proof of such insurance must be provided to the City prior to beginning contract performance.
PUBLIC ENTITIES CRIMES: —
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 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 Florida State Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signature on this solicitation, vendor certifies that they are qualified to do business with City of St. Cloud in accordance with Florida State Statute.
ACCEPTANCE: —
Receipt of service shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the performance meets specifications and/or all conditions. Should the delivered service or materials differ in any respect from specifications, payment will be withheld until such time as the supplier takes necessary corrective action. If the proposed corrective action is not acceptable to the agency, Procurement Services may authorize the recipient to refuse final acceptance of the service.
ASSIGNMENT: —
Successful Bidder/Proposer shall not assign or sublet the resulting contract or subcontract any of the work required to be performed without prior written approval of the City of St. Cloud.
REFERENCES: —
References for the company reflecting the experience in the specific service or requirement being requested in the Bid/Proposal shall be made part of your response. All reference materials provided shall become the property of the City of St. Cloud and will become public record. The City reserves the right to expand its reference requirements at any time.
PERIOD OF AGREEMENT: —
Agreement shall be awarded for the optimal term as agreed to between the parties and as approved by the City.
OPTION TO EXTEND: —
The performance period of any contract resulting from this Bid/Proposal may be extended upon mutual agreement between the Contractor and the City of St. Cloud. Either party may request an extension to the resulting agreement at least 120 days prior to expiration of the resulting contract.
ADDITIONAL INFORMATION: —
The City of St. Cloud Procurement Services Department reserves the right to request any additional information needed for clarification from any Bidder/Proposer for evaluation purposes.
ATTACHMENTS: —
All attachments to this document are made a material part of this solicitation. Failure to address the requirements may result in the lessening of your evaluation score.
CONTRACTING PARAMETERS: —
This Bid/Proposal, and other additional materials submitted by the Bidder/Proposer and accepted by the City, shall be the basis for negotiation of a contract addressing the requirements of this Bid/Proposal. A purchase order and/or other award document will be issued by the City upon completion of all negotiations and approval of the contract by the City of St. Cloud City Council.
INDEPENDENT PRICING: —
The Bidder/Proposer certifies by submission of this proposal and in the case of a joint offer each party thereto certifies, as to its own organization, that in connection with this procurement:
1. Prices, costs, or calculations in this Bid/Proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition as to any matter relating to such, with any other Bidder/Proposer or with any competitor.
2. Unless otherwise required by law, the prices, costs, and calculations which have been quoted in this Bid/Proposal have not been knowingly disclosed by the Bidder/Proposer, and will not knowingly be disclosed by the Bidder/Proposer, prior to opening, directly or indirectly, to any Bidder/Proposer or to any competitor.
3. No attempt has been made, or will be made, by the Bidder/Proposer to induce any other person or firm to submit or not to submit a Bid/Proposal for the purpose of restricting competition.

Submission Requirements

DBA: (required) —
Enter the "DBA (doing business as) name of your agency.
Authorized Representative Name/Title: (required)
FEIN No.: (required)
Mailing Address (if different): (required)
Company Type (required) —
Please designate your Company Type
State of Florida Construction Industry Licensing Board License No. (required) —
(attach copy)
Bidder is registered with the Florida Department of State Division of Corporations to do business with the State of Florida? (required) —
https://dos.myflorida.com/sunbiz/
Attach proof of registration.
Bid Bond (required) —
Upload requirements:
- Electronic Bid Bond with a certified and effectively dated copy of the Power of Attorney (required unless using alternative surety).
NOTE: Proposal shall include a bid bond equal to 5% of the total amount of the bid. Failure to submit a bid bond shall deem the submittal non-responsive.
Acknowledgement of Insurance Review (required) —
The bidder acknowledges that they have reviewed and accept the insurance requirements as outlined in the Insurance Requirements section.
EXPERIENCE OF BIDDER
Bidder must demonstrate ability to construct projects of similar complexity, nature and size of this project. (required) —
Do you have any similar work in progress at this time?
Length of time in business (required) —
_____/_____ (years/months)
Bank and/or other financial references (required) —
Provide letter(s) from bank(s) and/or other financial references, e.g., Dunn and Bradstreet rating attesting to contractor’s financial stability.
REFERENCES —
Bidder must demonstrate ability to construct projects of similar complexity, nature and size of this project. The Bidder shall provide a list of references for a minimum of three (3) projects regarding experience in this particular work. Include name of client including a contact name, complete address, telephone number, date of contract, name of project, and dollar amount of contract.
Please download and complete the Bidder's Previous Experience, providing a minimum of three (3) reference similar to the scope of the solicitation. (required) —
Please download the below documents, complete, and upload.
Bidder confirms that failure to provide three (3) references similar in scope of the solicitation will result in the submittal being deemed non-responsive. (required)
Bid Forms and Certifications
Certification of Non-segregated Facilities (required) —
The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he as obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.
The non-discriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein.
NOTE:
The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Proposal (required) —
TO: Procurement Services
City of St. Cloud
1300 9th Street
St. Cloud, Florida 34769
PROPOSAL: 2026-011 Minnesota Avenue Parking Lot
The undersigned, hereinafter called "Bidder", having visited the site of the proposed project and familiarized himself with the local conditions, nature and extent of the work, and having examined carefully the specifications, the Form of Agreement, and other Contract Documents, with the Bond Requirements therein, proposes to furnish all labor, materials, equipment and other items, facilities and services without exception for the proper execution and completion of Minnesota Avenue Parking Lot in full accordance with specifications and in accordance with the Advertisement for Bids, Instructions to Bidders, Agreement and all other documents relating thereto on file in the City of St. Cloud Procurement Services office and, if awarded the contract, to complete the said work within the time limits specified and for the bid prices in the Fee Schedule completed by contractor in this submittal.
Total Bid Amount: The Bidder agrees to perform all of the work described in this solicitation and comply with the terms therein for the proposed fee.
Award of Contract (required) —
Award, if awarded, will be made to overall lowest, responsive and responsible bidder in accordance with award criteria. When alternates are specified: such alternates are intended as options to be selected by Owner and are in no way intended to be construed as items to be awarded separately unless specifically called for under these specifications.
Bidder acknowledges any executed document submitted electronically or digitally shall be considered an original.
The Bidder hereby agrees that:
1. The proposal shall remain in full force and effect for a period of ninety (90) calendar days after the time of the opening of this proposal and that the Bidder will not revoke or cancel this proposal or withdraw from the competition within the said ninety (90) calendar days.
2. In the event that contract is awarded to this Bidder, Bidder will enter into a formal written Agreement with the Owner in accordance with the accepted bid within ten (10) calendar days after said contract is submitted to him and will furnish to the Owner a Contract Performance Bond and Contract Payment Bond with good and sufficient Sureties, satisfactory to the Owner, in the amount of 100% of the accepted bid, the form and terms of which shall comply fully with Section 255.05 of the Florida Statutes. The Bidder further agrees that in the event of the Bidder's default or breach of any of the agreements of this proposal, the said Bid Bond (deposit) shall be forfeited, not as a penalty, but as liquidated damages.
3. The Bidder further acknowledges that the Owner shall incur no obligation prior to both parties' execution of the formal written agreement nor prior to Bidder's receipt of Owner's purchase order or confirmation letter pursuant to Section 2-187 of the St. Cloud City Code.
Non-Collusion Affidavit of Subcontractor (to be submitted by awarded bidder for each subcontractor utilized on project) (required) —
If awarded, I will submit a NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR for each subcontractor within a reasonable amount of time prior to executing a contract. The NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR can be found under #Attachments .
Non-Collusion Statement of Prime Bidder (required) —
I am an authorized representative of my company (“Bidder”) to certify and submit this Bid, being first duly sworn, deposes and says that:
1. The Bidder that has submitted the attached Bid;
2. Bidder is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not collusive or a sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of St. Cloud, Florida or any person interested in the proposed Contract: and;
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.
List of Subcontractors and Major Materials Suppliers (required) —
List the names of the subcontractors and major material suppliers who will perform the phases of the work indicated:
SUBCONTRACTORS
Provide a list of any subcontractors. Include their complete business name, complete address, telephone number, certification registration number, corporate charter number, and the name of a contact person.
MATERIAL SUPPLIERS
Provide any material supplier you intend to use, which includes their complete business name, complete address, telephone number, type of material purchased, and the name of a contact person.
The Bidder certifies that he has investigated each subcontractor / supplier listed and has received and has in his files evidence that each subcontractor maintains a fully equipped organization capable, technically and financially, of performing the pertinent work, and that he has made similar installations in a satisfactory manner.
Solicitation Confirmation (required) —
I have carefully examined the Invitation to Bid. I hereby propose to furnish the services specified in the Solicitation. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to evaluate the submittals and determine a ranking of the most qualified firms. I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.
Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes (required) —
Please download the below documents, complete, and upload.
Respondent’s Certification (required) —
I have carefully examined the Invitation to Bid.
I hereby propose to furnish the services specified in the Invitation to Bid. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to evaluate the submittals and determine a ranking of the most qualified firms.
I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract.
I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.
Americans with Disabilities Act (ADA) Disability Nondiscrimination Statement (required) —
This sworn statement is submitted to the CITY OF ST. CLOUD, FLORIDA
I, being duly first sworn state:
That the firm, corporation or organization submitting this proposal is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provision pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat327,42USC1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services: Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes:
The Rehabilitation Act of 1973, 229 USC Section 794;
The Federal Transit Act, as amended 49 USC Section 1612;
The Fair Housing Act as amended 42USC Section 3601-3631.
Ownership Disclosure Statement 1 (required) —
1. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation’s stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows:
Full Legal Name Address Ownership
Ownership Disclosure Statement 2 (required) —
The full legal names and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) who have, or will have, any interest (legal equitable, beneficial or otherwise) in the contract or business transaction with the City are (Post Office addresses are not acceptable), as follows:
City of St. Cloud Drug-free Workplace Compliance Form (required) —
(The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Bidder does):
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 bid 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 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 contender to, any violation of Chapter 1893 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, 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.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this form complies fully with the above requirements.
No Lobbying Affidavit/ Confirmation (required) —
On behalf of the responding entity to this solicitation, I confirm the entity, to include all agents, agrees to abide by the City of St. Cloud's no lobbying restrictions in regard to this solicitation.
Vendor Certification Regarding Scrutinized Companies Lists (required) —
Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S., or the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S., or companies that are engaged in a boycott of Israel.
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.
E-Verify Compliance Form (required) —
ITB NO. 2026-011 Minnesota Avenue Parking Lot
Definitions:
“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.
“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.
Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of:
1. All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and
2. All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of St. Cloud, Florida; and
3. Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. 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. The contractor shall maintain a copy of such affidavit for the duration of the contract. 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 for 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.
Anti-Human Trafficking Affidavit (required) —
Please download the below documents, complete, and upload. Florida Statute §787.06(13) requires all non-governmental entities executing, renewing, or extending a contract with a governmental entity to provide an affidavit signed by an officer or representative of the non-governmental entity under penalty of perjury that the non-governmental entity does not use coercion for labor or services as defined in that statute. The City of St. Cloud, Florida is a governmental entity for the purposes of this statute.
Is there a pre-bid meeting? (required)
Meeting Type (required) —
Please select the Meeting Type below.
Architect of Record Contact Person's Full Name (required)
Architect of Record Company Name (required)
Architect of Record Company Full Address (required)
Engineer of Record Contact Person's Full Name (required)
Engineer of Record Company Name (required)
Engineer of Record Company Full Address (required)
Is a Bid Bond required? (required)
Is a Performance Bond required? (required)
Is a Payment Bond required? (required)
Liquidated Damages? (required)
Federal Requirements (required)
What is the estimated cost for this project? (required)
Days to substantial Completion? (required)
Days to Final Completion (required)
Bid Specifications: —
Check all that apply below.
Select all sections that apply (required)

Minnesota Avenue Parking Lot

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