Active SLED Opportunity · FLORIDA · CITY OF HOLLYWOOD
AI Summary
Invitation for bids to rehabilitate Oxygenation Train #3 at the City of Hollywood's South Regional Wastewater Treatment Plant, including structural, mechanical, and electrical upgrades to improve wastewater treatment infrastructure and reliability. Bids due September 2, 2026.
The South Regional Wastewater Treatment Plant (SRWWTP) operates five oxygenation trains in parallel: Trains 1 and 2 were constructed in 1975, Trains 3 and 4 were commissioned in 1997, and Train 5 was added in 2005.
Trains 1 and 2 underwent rehabilitation in 2006 and 2007, respectively. Like the other trains, Oxygenation Train No. 3 is fully enclosed and receives oxygen feed gas under pressure. Each train contains four baffled cells arranged in series, creating a plug-flow environment that enhances biological reaction rates and improves the removal efficiency of carbonaceous biochemical oxygen demand (CBOD5). Surface aerators recirculate mixed liquor, enhance oxygen transfer, and support bulk mixing.
The City of Hollywood, Florida (City) is seeking bids from qualified and experienced contractors, hereinafter referred to as the Contractor or Bidder, to Rehabilitation of Oxygenation Train No. 3 at the City of Hollywood South Regional Wastewater Treatment Plant (SRWWTP) for the City, in accordance with the terms, conditions, and specifications contained in this solicitation. Responses to this solicitation are due by Wednesday, September 2, 2026, by 2:00 pm, and will be opened in a virtual public setting on September 2, 2026, at 2:00 PM.
Submittals shall be received electronically through OpenGov, the City's eProcurement Portal ("Portal").
Submittals shall be considered a bid on the part of the bidder, which bid shall be deemed accepted upon approval of the City, and in case of default, the City reserves the right to accept or reject any or all bids, to waive irregularities and technicalities, and request new bids The City also reserves the right to award any resulting agreement as it deems will best serve the interests of the city.
Submission of a bid shall serve as prima facie evidence that the Bidder has examined this solicitation and is fully aware of all conditions affecting the provision of services and the evaluation criteria and scoring methodology as set forth in this solicitation document.
It is the sole responsibility of each contractor to notify the Point of Contact utilizing the question / answer feature provided by OpenGov and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed, or the solicitation process will be answered within the question / answer feature provided by OpenGov and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to OpenGov as a separate addendum to the solicitation. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued.
It is the policy of the City to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of Work specified in the Bid Solicitation are encouraged to submit bids. To receive notification and to be eligible to bid vendor should be registered with OpenGov. Vendors may register with the OpenGov (registration is free) to be included on a mailing list for selected categories of goods and Services. In order to be processed for payment, any awarded vendor must register with the City by completing and returning a Vendor Application and all supporting documents. For information and to apply as a vendor, please visit our website at hollywoodfl.org to download an application and submit it to Procurement Services Division.
It is the intent of the City of Hollywood, FL (“the City”), through this solicitation and the contract conditions contained herein, to establish to the greatest possible extent complete clarity regarding the requirements of both parties to the agreement resulting from this solicitation.
Before submitting a bid/proposal, the Vendor shall be thoroughly familiarized with all contract conditions referred to in this document and any addenda issued before the bid/proposal submission date. Such addenda shall form a part of the SOLICITATION and shall be made a part of the contract. It shall be the Vendor's responsibility to ascertain that the bid/proposal includes all addenda issued prior to the bid/proposal submission date. Addenda will be posted on the City’s internet site along with the SOLICITATION.
The terms of the SOLICITATION and the selected Vendor’s bid/proposal and any additional documentation (e.g. questions and answers) provided by the Vendor during the solicitation process will be integrated into the final contract for services entered into between the City and the selected Vendor. The Vendor shall determine, by personal examination and by such other means as may be preferred, the conditions and requirements under which the agreement must be performed.
The Oxygenation Train No. 3 Rehabilitation project at the South Regional Wastewater Treatment Plant (SRWWTP) focuses on restoring one of the facility’s key activated sludge treatment units. Oxygenation Train No. 3 is part of a system of five parallel trains that utilize pure oxygen generated on-site to support biological oxidation within the activated sludge process. Each train contains four baffled cells arranged in series to promote plug‑flow characteristics, enabling efficient conversion of biologically oxidizable organic pollutants into stable biomass. Surface aerators and mixers maintain circulation and mixing of the mixed liquor, ensuring optimal contact between microorganisms and wastewater.
This rehabilitation effort addresses the aging structural, mechanical, and electrical components of Train No. 3, which has been in continuous operation since its commissioning in 1997. The project includes concrete repair, lining restoration, replacement of aerators and mixers, installation of new valves and a purge blower, and upgrades to electrical disconnects, wiring, and control equipment.
There will be a mandatory pre-bid conference and/or site visit scheduled for this solicitation. Attendance is required if the event is mandatory, and in the event that it is non-mandatory, it is strongly suggested that all Contractors attend the pre-bid conference and/or site visit to receive information that may be critical to their understanding of this solicitation.
Please keep in mind that site visits at other times might not be available. It is the sole responsibility of the Contractor to become familiar with the scope of the City’s requirements prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required.
Bidders/Proposers are required to submit their bids/proposals upon the following express conditions:
Dimensions, quantities, and subsurface information supplied by the City are in no way warranted to indicate true amounts or conditions. Bidders/Contractors shall neither plead misunderstanding or deception nor make claims against the City if the actual amounts, conditions, or dimensions do not conform to those stated. Any "Outside" reports made available by the Engineer are neither guaranteed as to accuracy or completeness, nor a part of the Contract Documents.
Refer to Attachment B - 24-9422_O2 TRAIN 3 REHABILITATION_SPECS DIV 01-46_BID SET_JULY 2026
There will be a non-mandatory pre-bid conference and/or site visit scheduled for this solicitation. It is strongly suggested that all Contractors attend the non-mandatory pre-bid conference and/or site visit to receive information that may be critical to their understanding of this solicitation.
Please keep in mind that site visits at other times might not be available. It is the sole responsibility of the Contractor to become familiar with the scope of the City’s requirements prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required.
The Trench Safety Form included in the Bid Documents must be completed and signed. Noncompliance with this requirement may invalidate the bid.
The Contract will be awarded only to the responsive and responsible bidder, who in the opinion of the Engineer and Procurement Division, is fully qualified to undertake the work and is in compliance with the City’s Local Preference Criteria (when applicable). The City reserves the right before awarding the Contract to require a bidder to submit such evidence of his qualifications as it may deem necessary and may consider any available evidence of his financial status, technical qualifications and other qualifications and abilities.
Bidders shall submit proof, along with their bid, that their firm has successfully completed comparable projects meeting the following criteria:
A. The Bidder shall have successfully completed a minimum of one (1) project demonstrating experience installing mechanical aerators for high-purity oxygen (HPO) applications greater than or equal to 40 HP. This project shall have been performed within the past ten (10) years from the date of the Invitation to Bid.
B. Structural Rehabilitation of Oxygenation Train 3: The Bidder shall have successfully completed a minimum of one (1) project demonstrating experience with structural rehabilitation of interior of oxygenation trains projects having a total construction value of greater than $5 million and three (3) projects demonstrating experience structural rehabilitation of inner O2 trains projects having a total construction (for each project) of greater than $3 million. These projects shall have been performed within the past ten (10) years from the date of the Invitation to Bid.
C. The Bidder’s proposed project manager shall have successfully completed a minimum of two (2) projects demonstrating project management experience with oxygenation train upgrade projects having a total construction value (for each project) of greater than $5 million. These projects shall have been performed within the past ten (10) years from the date of the Invitation to Bid.
D. The Bidder or Bidder’s Electrical Subcontractor shall have successfully completed a minimum of five (5) projects demonstrating experience with medium and low voltage industrial power systems, including motor control centers (MCC), motors, transformers and switchgear. These projects shall have been performed within the past ten (10) years from the date of the Invitation to Bid.
Any one of the following causes, among others, may be considered as sufficient justification to disqualify a bidder and reject his or her bid:
A. Submission of more than one bid for the same work by an individual, firm, partnership or corporation under the same or different names.
B. Evidence of collusion.
C. Previous participation in collusive bidding on work for the City of Hollywood, Florida.
D. Submission of an unbalanced bid in which the prices bid for some items are out of proportion to the prices bid for other items.
E. Lack of competency. The Bidder shall provide proof that their past experience can demonstrate similar complexity and size compared to this contract. The Engineer may declare any bidder ineligible, at any time during the process or receiving bids or awarding the contract, if developments arise which, in his opinion, adversely affects the bidder's responsibility. The Bidder will be given an opportunity, by the engineer, to present additional evidence before final action is taken.
F. Lack of responsibility as shown by past work judged by the Engineer from the standpoint of workmanship and progress.
G. Non-compliance with the City’s Local Preference (when applicable).
H. Uncompleted work for which the Bidder is committed by Contract, which is in the judgment of the Engineer, might hinder or prevent the prompt completion of work under this Contract.
I. Being in arrears on any existing Contracts with the City, or any taxes, licenses or other monies due the City; in litigation with the City or having defaulted on a previous contract with the City.
Bids/proposals shall be prepared in accordance with the bid/proposal response format. Bids/proposals not complying with this format may be considered non-responsive and may be removed from consideration on this basis. Each proposer, by making a bid/proposal, represents that this document has been read and is fully understood.
Bids/proposals will be prepared in accordance with the following:
The City of Hollywood is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the SOLICITATION. However, this exemption does not apply to suppliers to the City in their (supplier) purchases of goods or services, used in work or goods supplied to the City. Proposers are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax.
Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state "NO SUBSTITUTIONS."
Proposers must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variations are not stated in the bid/proposal, it shall be construed that the bid/proposal fully complies with the Specifications, Terms and Conditions.
Proposers are required to state exactly what they intend to furnish; otherwise they shall be required to furnish the items as specified.
Proposers will submit, with their bid/proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s) they are proposing.
The City shall be the sole judge of equality and its decision shall be final.
For the City to be assured that only competent and qualified subcontractors will be employed on this project, each Bidder shall submit in the bid a list of the subcontractors performing work on this project. This subcontractors list shall include each firm's name, address, telephone number, contact person and work to be performed. Subcontractors shall be properly registered or licensed with the State of Florida, Broward County and the City of Hollywood. Subcontractors shall, in the City's opinion, be qualified both technically and financially to perform the work.
The City reserves the right to reject any subcontractor who is deemed by the City to be unacceptable technically or financially, or has previously performed work which the City believes to be unsatisfactory. No change may be made to this list of subcontractors by the Contractor, before or after contract award, without the express written consent of the City.
If, prior to award, the City rejects any subcontractor, the Contractor shall be afforded the opportunity to submit qualifications for an alternate subcontractor with no attendant increase in the base lump sum bid amount, adjustment of contract time or alteration of the bid documents. Such qualifications will be due within ten (10) days of receipt of notification of subcontractor rejection. Failure to submit an acceptable alternate subcontractor may result in rejection of the bid. In this event, the bid bond shall be returned to Contractor without claim by the City and with forfeiture of all claim rights by the Contractor.
Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline.
The Procurement Services Division may issue an addendum in response to any inquiry received, prior to bid/proposal opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Proposer should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any addendum, the last addendum issued shall prevail. It is the bidder's/proposer’s responsibility to ensure receipt of all addenda and any accompanying documents. Bidder(s)/Proposer(s) shall acknowledge receipt of any formal Addenda electronically via OpenGov as part of their bid/proposal. Failure to acknowledge receipt of formal addenda in its bid/proposal shall cause the City to deem the bid/proposal non-responsive provided, however, that the City may waive this requirement in its best interest.
Refer to the following attachments:
A - 24-9422_O2 TRAIN 3 REHABILITATION_SPECS DIV 00_BID SET_JULY 2026
B - 24-9422_O2 TRAIN 3 REHABILITATION_SPECS DIV 01-46_BID SET_JULY 2026
C - 24-9422_O2 TRAIN 3 REHABILITATION_DRAWINGS_BID SET_JULY 2026
The City shall not be liable for any costs incurred by Bidders in responding to this solicitation.
There will not be a pre-bid conference or site visit for this solicitation.
It will be the sole responsibility of the Bidder to become familiar with the scope of the City’s requirements prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required.
To the extent permitted by applicable state and federal laws and regulations, the City reserves the right to reject any and all bids/proposals, to waive any and all informalities, irregularities and technicalities not involving price, time or changes in the commodities and/or services, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids/proposals. Bids/proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations or irregularities of any kind.
The City also reserves the right to waive minor technical defects in a bid/proposal. The City reserves the right to determine, in its sole discretion, whether any aspect of a bid/proposal satisfies the criteria established in this Solicitation.
The City reserves the right to reject, in whole or in part, the bid/proposal of any Proposer if the City believes that it would not be in the best interest of the City to make an award to that Proposer, whether because the bid/proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criterion established by City.
The foregoing reasons for rejection of bids/proposals are not intended to be exhaustive.
The City may reject a bid/proposal if:
Additionally, any one of the following causes (not limited to) may be considered as sufficient justification to disqualify a Bidder/Proposer and reject his/her Bid:
The City may reject all bids/proposals whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid/proposal unless the bid/proposal has been qualified as provided in herein.
The City of Hollywood uses OpenGov, the e-Procurement Portal (“Portal”) (https://procurement.opengov.com/portal/hollywoodfl) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision.
The City shall not be responsible for a Proposer’s inability to submit a proposal by the proposal end date and time for any reason, including issues arising from the use of the Portal.
All pricing must include delivery and installation and be quoted FOB: Destination, unless specified otherwise in the #SCOPE OF WORK/SERVICES section.
Refer to Attachment A - 24-9422_O2 TRAIN 3 REHABILITATION_SPECS DIV 00_BID SET_JULY 2026
Prices provided in this solicitation shall be valid for at least One-Hundred and Twenty (120) days from time of solicitation opening unless otherwise extended and agreed upon by the City and Bidder.
Refer to Attachment A - 24-9422_O2 TRAIN 3 REHABILITATION_SPECS DIV 00_BID SET_JULY 2026
For information concerning procedures for responding to this solicitation, contact the Point of Contact within the Office of Procurement Services, Julissa Marcano, Senior Purchasing Agent atjmarcano@hollywoodfl.org or by phone at (954) 710-9956, or Jean Joinville, Procurement Manager, at jjoinville@hollywoodfl.org or by phone at 954-921-3290. Such contact is to be for clarification purposes only. All questions must be submitted in writing via the Portal by Monday, August 17, 2026, by 12:00 pm, in order to receive a timely response.
Project Manager: Giselle Hipolito, Senior Project Manager, Public Utilities, email: ghipolito@hollywoodfl.org, or by phone: (954) 805-3748.
For information concerning technical specifications, please utilize the question / answer feature provided by OpenGov at https://procurement.opengov.com/portal/hollywoodfl. Questions of a material nature must be received prior to the cut-off date specified in the solicitation schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of the OpenGov site). Bidders please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in OpenGov shall become part of any contract that is created from this solicitation.
It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through the Portal at https://procurement.opengov.com/portal/hollywoodfl
The City of Hollywood City Commission adopted Ordinance No. O-2007-05, which created Section 30.15(F) imposing a Cone of Silence for certain City purchases of goods and Services.
The Cone of Silence refers to limits on communications held between vendors and vendor’s representatives and City elected officials, management and staff during the period in which a Formal Solicitation is open.
The Ordinance does allow potential vendors or vendor’s representatives to communicate with designated employees for the limited purpose of seeking clarification or additional information. The names and contact information of those employees that may be contacted for clarification or additional information are included in the solicitation.
The Cone of Silence does not prohibit a vendor or vendor’s representative from communicating verbally, or in writing with the City Manager, the City Manager’s designee, the City Attorney or the City Attorney’s designee on those procurement items to be considered by the City Commission.
The Cone of Silence does not prohibit a vendor or vendor’s representative from making public presentations at a duly noticed pre-bid conference or duly noticed evaluation committee meeting or from communicating with the City Commission during a duly noticed public meeting.
The Cone of Silence shall be imposed when a formal competitive solicitation has been issued and shall remain in effect until an award is made, a contract is approved, or the City Commission takes any other action which ends the solicitation.
To view the Cone of Silence, go to the City of Hollywood Code of Ordinance online, and view Section 30.15F
All communications regarding this bid should be sent in writing to the Procurement Services Division as identified in this bid.
Bidder agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option.
All bids shall remain open for 180 calendar days after the day of the bid opening, but the City may, at its sole discretion, release any bid and return the bid Security prior to that date.
Extensions of time when bids shall remain open beyond the 180-day period may be made only by mutual written agreement between the City, the successful Bidder and the surety, if any, for the successful Bidder.
In order to be considered responsive to the solicitation, the contractor’s bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance.
Only bids received as of the opening date and time will be considered timely. Bids and modifications received after the time set for the opening will be returned un-opened to the sender and rejected as late.
In order to be considered as a responsible bidder, bidder shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance.
Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the SOLICITATION Submittal Section, or any addendum issued, the order of precedence shall be the last addendum issued, the SOLICITATION Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions.
To be eligible for award of a contract in response to this solicitation, the Bidder must demonstrate that they have successfully completed services, as specified in the #SCOPE OF WORK/SERVICES section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed (if required) to perform such work. Bidder must possess and be able to provide the City with any and all required Federal, State, County and/or municipal licenses, and occupational licenses. Bidder must be able to provide proof of valid licensing for all subcontractors and/or material suppliers hired by the contractor, if requested. In addition, the Bidder must have no conflict of interest with regard to any other work performed by the Bidder for the City.
If any person contemplating submitting a bid for this solicitation is in doubt as to the true meaning of the specifications or other SOLICITATION documents or any part thereof, they may submit requests for clarification to the Procurement Services Division on or before the date specified for a request for clarification. All such requests for clarification shall be made in writing electronically via OpenGov and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the SOLICITATION, if made, will be made only by Addendum duly issued. A copy of such Addendum will be made available to each person receiving a Solicitation. The City will not be responsible for any other explanation or interpretation of the SOLICITATION given prior to the award of the contract. Any objection to the specifications and requirements as set forth in this SOLICITATION must be filed in writing via the OpenGov's Question and Answer (Q&A) tab with the Chief Procurement Officer on or before the date specified for a request for clarification.
Pre-award inspection of the Bidder’s facility may be made prior to the award of a contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this SOLICITATION(s); have a record of performance for a reasonable period of time; and have sufficient financial support, equipment and organization to ensure that they can satisfactorily deliver the material and/or services if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City.
The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) in making the award in the best interest of the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this SOLICITATION or otherwise.
Award may be in the aggregate, or by line Item, or by group, whichever is determined to be in the best interest of the City. Award will be made to the responsive and responsible bidder, quoting the lowest price, for that product/service that will best serve the needs of the City.
The Contract will be awarded only to a Bidder, who in the opinion of the Engineer, is fully qualified to undertake the work, quoting the lowest price, for that product/service that will best serve the needs of the City. The City reserves the right before awarding the Contract to require a Bidder to submit such evidence of his qualifications as it may deem necessary and may consider any available evidence of his financial status, technical qualifications, and other qualifications and abilities.
The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City.
As applicable, the City shall comply with Section 287.05701, Florida Statutes, in not considering or giving preference for an award based on a vendor’s social, political, or ideological interest.
The City, in all solicitations or advertisements for purchasing of goods, supplies, materials, equipment and services, will receive consideration from qualified businesses without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Bidder awarded the Contract shall, within ten days from the date of award, execute all required documents and submit them electronically, complete with valid signatures and seals.
A. The Contract
B. Performance and Payment Bond
C. Evidence of required Insurance
D. Proof of authority to execute the Contract
E. Proof of authority to execute the Bond on behalf of the Awardee
F. List of Subcontractors, estimated Contract Value for each and proof that such subcontractors possess all required Federal, State, County and/or municipality licenses, including but not limited to certified of competency and occupational license
The above documents must be furnished, executed and delivered before the Contract will be executed by the City. The Contract shall not be binding upon the City until it has been executed by the City and a copy of such fully executed Contract is delivered to the Contractor.
No Bid will be accepted from, nor will any contract be awarded to any person who is in arrears to the City upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is deemed responsible or unreliable by the City.
As part of the bid evaluation process, City may conduct a background investigation including a record check by the Hollywood Police Department. Bidder’s submission of a bid constitutes acknowledgment of the process and consent to such investigation. City shall be the sole judge in determining a Bidder’s qualifications.
In cases where an item requested is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Vendor proposes to furnish the item so identified and does not propose to furnish an "equal" unless the proposed "equal" is pre-approved by the City.
References to any of the above are intended to be descriptive but not restrictive and only indicate articles that will be satisfactory. A bid of an "equal" will be considered, provided that the Vendor states in his bid exactly what he proposes to furnish, including sample, illustration, or other descriptive matter which will clearly indicate the character of the article covered by such bid. The designated City representative hereby reserves the right to approve as an “equal”, or to reject as not being an “equal”, any article proposed which contains major or minor variations from specifications requirements.
Should the Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Section 2.13 above within ten (10) days after Notice of Award, the additional time in days (including weekends) required to CORRECTLY complete the documents will be deducted, in equal amount, from the Contract Time, or the City may elect to revoke the Award. The Bid Guaranty of any Bidder failing to execute the awarded Contract shall be retained by the City and the Contract awarded as the Commission desires.
If a Contract is awarded, it shall be awarded to the lowest responsive and responsible Bidder, or by line item, group, or aggregate, as specified in the Invitation for Bids (IFB), whichever is determined by the City to be in its best interest. The City reserves the right to reject any or all bids, waive minor informalities or irregularities, and accept the bid that best serves the interests of the City, in accordance with the City of Hollywood Code of Ordinances and applicable law.
No oral interviews, presentations, or negotiations shall be conducted as part of the evaluation process, except that the City may request clarifications or permit the correction of minor informalities as allowed by law and the terms of this IFB. Such clarifications shall not result in a material change to a bid or provide any Bidder with a competitive advantage.
If required by the solicitation, the successful Bidder shall execute the City's Contract and furnish all required documents, including insurance certificates, bonds, and any other required submittals, within the time specified in the City's Notice of Award or other written notification. Failure or refusal to timely execute the Contract or provide the required documents may result in the Bidder being deemed non-responsive or non-responsible, the forfeiture of any applicable bid security, and the City may proceed with award to the next lowest responsive and responsible Bidder, if determined to be in the City's best interest.
Where City Commission approval is required, any award shall be contingent upon such approval. No Contract shall be deemed effective until all required approvals have been obtained and the Contract has been fully executed by all authorized parties.
In the event of a manufacturer/brand/model specification. No substitutions will be allowed unless specified in Section: SCOPE OF WORK/SERVICES.
The Contractor and Subcontractors must obtain Building Permits required for all work covered under this contract as well as any other permit required by any other regulatory agency. The Master Building Permit required by the City shall be obtained by the Contractor but paid for by the City. Any and all other permits required by the City, County, State of Florida, or other regulatory agency shall be obtained and paid for by the Contractor.
The Contractor or Subcontractors shall also be responsible to call for all inspections as required in Section 110 (Inspections) of the latest edition of the Florida Building Code.
Refer to theTechnical Specifications (Section 01025 Basis of Payment)
The qualifications, responsibility, and responsiveness of each Bidder will be considered in determining award. The City is not obligated to accept any bid and reserves the right to reject any or all bids if such action is determined to be in the best interest of the City.
Award, if made, shall be made to the lowest responsive and responsible Bidder, or by line item, group, or aggregate, as specified in this Invitation for Bids (IFB), whichever is determined to be in the best interest of the City, based on the prices submitted and compliance with the requirements of this solicitation.
Failure to include all information and documentation required by this IFB may result in the bid being deemed non-responsive and rejected.
The City reserves the right to accept or reject any or all bids, in whole or in part, waive minor informalities or irregularities, and request clarifications of bids, provided such clarifications do not result in a material change to the bid or provide a competitive advantage to any Bidder.
The City may consider any information obtained through its evaluation of the Bidder's responsiveness, responsibility, financial capability, past performance, references, licensing, and any other information deemed relevant to determining the Bidder's ability to successfully perform the Contract, as permitted by applicable law and this IFB.
The final award of a Contract, where required, is subject to approval by the City Commission.
When the awarded bidder delivers the executed contract to the City, it must be accompanied by the required bonds.
An agreement shall be sent to the awarded bidder to be signed, witnessed, and returned to the City for execution. The City will provide a copy of the fully executed agreement to the awarded proposer.
A signed purchase order, blanket purchase order or fully executed agreement may serve the Bidder's authorization to proceed and may substitute for a "Notice to Proceed" form.
The initial contract term shall commence upon date of award by the City for a duration of 796 Calendar days. The City reserves the right to extend the contract providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. Refer to Attachment A - 24-9422_O2 TRAIN 3 REHABILITATION_SPECS DIV 00_BID SET_JULY 2026
In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 120 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City.
The City shall provide notice of its intent to award or reject to all Bidders by posting such notice on the City’s website.
After a notice of intent to award a contract is posted, any actual or prospective bidder who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the Director of Procurement Services. A protest must be filed within five business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest, including a deposit, is received by the Procurement Services Division. Failure to file a protest within the time-frame specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding the award.
The written protest shall state in detail the specific facts and law or ordinance upon which the protest of the proposed award is based, and shall include all pertinent documents.
A written protest may not challenge the relative weight of evaluation criteria or a formula for assigning points.
Upon receipt of a formal written protest, the City shall stop award proceedings until resolution of the protest; unless it has been determined that the award of the contract without delay is necessary to protect substantial interests of the City.
Any and all costs incurred by a protesting party in connection with a bid protest shall be the sole responsibility of the protesting party.
Upon receipt of a protest of the pending award of a contract, a copy of the protest shall promptly be forwarded to the City Attorney. The City Attorney shall thereupon review the charge to determine its sufficiency, including whether the protest was timely filed. If upon review the City Attorney determines that the charge is insufficient, the City Attorney may issue a summary dismissal of the protest. If upon review the City Attorney determines that the charge is sufficient, a hearing of the protest committee shall be scheduled.
A protest committee shall have the authority to review, settle and resolve the protest. The committee shall consist of three members appointed by the City Manager. The committee’s review shall be informal.
If the protest committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law or applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the committee determines that the protest is without merit,
The Director shall promptly issue a decision in writing stating the reason for the decision and furnish a copy to the protester and any other interested party, and the process leading to the award shall proceed.
A Bid Guaranty in the form of a Cashier's Check, Certified Check or Bid Bond executed by the Bidder and a qualified Surety in the amount of 5% of the Bid is required for this project.
Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise.
Requirements for Signing Bid/Proposal:
Before submitting a bid/proposal, each Bidder/Proposer must: examine the bid/proposal Documents thoroughly; consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance, or provision of the commodities and/or services; study and carefully correlate Proposer’s observations with the bid/proposal Documents, and notify the City’s agent of all conflicts, errors and discrepancies in the bid/proposal Documents.
The submission of a bid/proposal will constitute an incontrovertible representation by the Proposer, that the Proposer has complied with every requirement of this SOLICITATION, that without exception, the bid/proposal is premised upon performing the services and/or furnishing the commodities and materials in accordance with such means, methods, techniques, sequences or procedures as may be indicated in or required by the bid/proposal Documents, and that the bid/proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services.
The signer of the bid must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the bid is made without collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder.
In cases where there is a tie for the bid award, the award shall be made by giving preference to the low bidder(s) with the following items (in this order): (1) maintenance of a drug-free workplace in accordance with the requirements of Florida Statutes Section 287.087, (2) local Hollywood vendor preference, (3) closest proximity/location to project site or City Hall, and/or (4) minority-owned or disadvantaged business status. If a tie still exists after the aforementioned tiebreakers are utilized, the Chief Procurement Officer will make a recommendation for award among the tied bidders.
If applicable, for each public agency contract for services, the Proposer is required to comply with F.S. 119.0701, which includes the following:
Public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed Bids/proposals become subject to the public records disclosure requirements of FS. Chapter 119, notwithstanding a proposers' request to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after the bid/proposal opening, whichever is earlier.
Financial statements submitted in response to a request by the City may be confidential and exempt from disclosure.
Data processing software obtained under a licensing agreement which prohibits its disclosure may also exempt.
Proposers are hereby notified and agree that all information submitted as part of, or in support of SOLICITATION submittals will be available for public inspection after opening of SOLICITATION in compliance with Chapter 119 of the Florida Statutes. The proposer shall not, unless required as part of this SOLICITATION, submit any information in response to this invitation which the proposer considers to be a trade secret, proprietary or confidential. The submission, not required as part of this this SOLICITATION, of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the proposer.
For information concerning procedure for responding to this Solicitation (SOLICITATION), contact the Point of Contact in the Section: INTRODUCTION - Point of Contact. Such contact shall be for clarification purposes only. It is preferred that all other questions be submitted in writing via OpenGov at least 10 calendar days prior to the bid/proposal due/opening date.
When the lowest responsive responsible bidder is a non-Hollywood business and a responsive responsible local Hollywood vendor’s Bid is within 5% of the Bid submitted by the lowest responsive responsible bidder, the local vendor is allowed to submit a second Bid. The second bid from the local Hollywood bidder must be lower than the bid submitted by the lowest responsive and responsible non-Hollywood bidder by at least 1% in order for the bid to be awarded to the local Hollywood bidder. If more than one responsive and responsible local Hollywood vendor is within 5%, each would be permitted to submit a best and final offer and the local Hollywood vendor submitting the lowest bid will be awarded the contract; provided, however, if none of the local Hollywood vendors bids are lower than the lowest responsive and responsible non-Hollywood bidder by at least 1%, the non- Hollywood bidder will be awarded the contract.
Bids/proposals must be modified or withdrawn electronically via OpenGov at any time prior to the deadline for submitting bids/proposals. Withdrawal of a bid/proposal will not prejudice the rights of a Bidder/Proposer to submit a new bid/proposal prior to the bid/proposal date and time. Except where provided in the following paragraph no bid/proposal may be withdrawn or modified after expiration of the period for receiving bids/proposals.
If, within twenty-four (24) hours after bids/proposals are opened, any Proposer files a duly signed written notice with the City and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of the City by clear and convincing evidence that there was a material and substantial mistake in the preparation of its bid/proposal, or that the mistake is clearly evident on the face of the bid/proposal but the intended correct bid/proposal is not similarly evident, then the Proposer may withdraw its bid/proposal and the bid/proposal Security will be returned.
By responding to this solicitation, your entity certifies and attests under penalty of perjury to not being a “foreign country of concern" as defined under Sections 287.138 and 692.202, Florida Statutes, and compliance with all regulations within the statutes.
No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid/proposal comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding.
ORDERING: The CITY reserves the right to purchase commodities/services specified herein through Contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a period shorter than the delivery time specified in the contract, and if the seller is unable to comply therewith, the City reserves the right to obtain such delivery from others without penalty or prejudice to the City or to the Bidder/Proposer.
This solicitation shall be subject to Federal procurement standards as defined under Sections 200.317 through 200.327 of the Code of Federal Regulations (CFR) if funded by a Federal award, including all contract provisions/clauses under Section 200.327 of the CFR.
Any respondent submitting a response to this solicitation is responsible for being aware of, and complying with Section 34.02 of the City Code of Ordinances. If you have questions concerning whether you may or may not need to comply with the ordinance, please contact the City of Hollywood, City Clerk's Office at 954-921-3299.
The City reserves the right to audit the records of the successful Bidder/Proposer for the commodities and/or services provided under the Contract at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by the City. If required by the City, the successful Bidder/Proposer agrees to submit to an audit by an independent certified public accountant selected by the City. The successful Bidder/Proposer shall allow the City to inspect, examine and review the records of the successful Bidder/Proposer in relation to this contract at any and all times during normal business hours during the term of the Contract.
The Bidder/Proposer shall comply with all local, state and federal directives, orders and laws as applicable to this SOLICITATION and subsequent contract(s) including, but not limited to:
Any respondent who is not recommended for award of a contract and who alleges a failure by the City to follow the City’s Procurement Code or any applicable law may protest to the CPO, by delivering a letter of protest to the CPO in accordance with Section 38.52 of the City’s Procurement Code within five days after a notice of intent to award is posted on the City’s web site, OpenGov, City Clerk’s Office, Open Government, and/or City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140).
Contractor shall maintain, at its sole expense, during the term of this agreement the following insurances:
All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Owner. All companies be rated a minimum A-VII, as per A.M. Best Company’s Key Rating Guide, latest edition.
Any sub-contractor shall supply such similar insurance required of the Contractor. Such certificates shall name the City as additional insured on the general liability and auto liability policies.
The Contractor shall furnish certificates of insurance to Risk Management for review and approval prior to the execution of this agreement. No failure to renew, material change or cancellation of, the insurance shall be effective without a 30-day prior written notice to and approval by the Owner.
A. Commercial General Liability
Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum:
a. Premises Operations
b. Products and Completed Operations
c. Personal & Advertising Injury
d. Damages to rented premises
The minimum limits acceptable shall be:
$2,000,000 Each Occurrence / $4,000,000 General Aggregate
The City of Hollywood shall be named as an Additional Insured in the Description of Operations Box.
The City of Hollywood must be the certificate holder per the following format:
City of Hollywood (Nothing else on this line)
Public Utilities, Engineering Support Services Division
1621 N 14th Avenue
Hollywood, FL 33020
B. Commercial Automobile Liability Insurance
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for:
Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit
The City of Hollywood shall be named as Additional Insured in the Description of Operations Box.
The City of Hollywood must be the certificate holder per the following format:
City of Hollywood (Nothing else on this line)
Public Utilities, Engineering Support Services Division
1621 N 14th Avenue
Hollywood, FL 33020
C. Worker’s Compensation / Employers Liability Insurance
Prior to the commencement of work governed by this contract, the contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable State statues.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 bodily injury by accident
$1,000,000 bodily injury by disease, each employee
$1,000,000 bodily injury by disease, policy limit
D. Contractors Pollution Liability Coverage
For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement.
E. Builder’s Risk / Property Coverage, if applicable:
For buildings/structures under construction, coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with an All Other Peril (AOP) deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to:
• All Risk Coverage including Flood and Windstorm with no coinsurance clause
• Any separate Flood and/or Windstorm deductibles are subject to approval by the City
• Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity
• Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project
• Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment
This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City.
Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the City. Certificates of insurance, reflecting evidence of the required insurance, shall be provided to the City. In the event the Certificate of Insurance provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement or extension thereunder is in effect.
The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this bid/proposal. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered into pursuant to this bid/proposal. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid/proposal, the successful proposer must submit a signed statement from insurance agency of record that the full policy contains no such exception. The City reserves the right to require additional insurance in order to meet the full value of the contract.
Contractor waives, and Contractor shall ensure that Contractor’s insurance carrier waives, all subrogation rights against the City, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent.
Contractor shall ensure that Contractor’s insurance policy is primary and non-contributary.
The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures.
I understand and am responsible for the insurance requirements and corresponding due date as documented in this Bid.
Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred from doing business with the City. The City as further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees.
The bidder/proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors/subproposers are presently debarred or suspended by any Federal department or agency.
The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that:
The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and
No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and
The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section.
The City has implemented software that contains a supplier portal allowing suppliers to submit and update their information via the supplier portal. New suppliers will be required to register; and current suppliers will need to confirm and update their information.
Contractors are responsible for ensuring that all contact, payment, and general information is updated at all times, and will not hold the City liable for any inaccurate information.
More than one bid/proposal received for the same work from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder/Proposer is interested in more than one bid/proposal for the same work will cause the rejection of such bin which the Bidder/Proposer is interested. If there are reasonable grounds for believing that collusion exists among the Bidders/Proposers, the bids/proposals of participants in such collusion will not be considered.
The Bidder/Proposer and all subcontractors/subproposers will comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
Contractor(s) certifies/certify, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any federal, state, county or municipal department or agency.
A Performance Bond and a Payment Bond each equal to 100 percent of the total Bid will be required of the Awardee. The Bond must be written through a company licensed to do business in the State of Florida and be rated at least "A", Class X, in the latest edition of "Best's Key Rating Guide", published by A.M. Best Company. As per Florida Statute Section 255.05, the Contractor shall be required to record the payment and performance bonds in the public records of Broward County.
The Agreement which is awarded to the successful bidder/proposer may provide that the performance of any act by the City or Proposer hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due the Bidder/Proposer for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not be awarded or perform work as a bidder/proposer, supplier, subcontractor/subproposer, 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 Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK’S OFFICE, 2600 HOLLYWOOD BOULEVARD, HOLLYWOOD, FLORIDA 33020 OR AT (954) 921-3211, PCERNY@HOLLYWOODFL.ORG.
Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service.
Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids/proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids/proposals will be followed if none of the tied vendors have a drug-free workplace program.
Bidder/proposer shall sign and submit the attached form indicating understanding and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by public officers, employees and candidates. Failure to submit the signed form will result in your bid/proposal being declared non-responsive; provided, however, that a responsible bidder/proposer whose bid/proposal would be responsive but for the failure to submit the signed form in its bid/proposal may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City.
The Bidder/Proposer represents that:
No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement.
There are no undisclosed persons or entities interested with the Proposer in this Agreement. This Agreement is entered into by the Proposer without any connection with any other entity or person making a bid/proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid:
Neither the Bidder/Proposer nor any officer, director, employee, agent, parent, subsidiary, or affiliate of the Bidder/Proposer shall have an interest which is in conflict with the Bidder's/Proposer’s faithful performance of its obligations under this Agreement; provided that the City, in its sole discretion, may consent in writing to such a relationship, and provided the Bidder/Proposer provides the City with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the City's best interest to consent to such relationship.
The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply.
In the event the Bidder/Proposer has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, the Bidder/Proposer shall promptly bring such information to the attention of the City's Project Manager. The Bidder/Proposer shall thereafter cooperate with the City's review and investigation of such information and comply with the instructions the Bidder/Proposer receives from the Project Manager in regard to remedying the situation.
Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/proposal on a contract to provide goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not award or perform work as a proposer, supplier, subcontractor/subproposer, or consultant under contract with any public entity, and may not transact business with any public entity.
In the event it is evident to a Vendor responding to this SOLICITATION that the City has omitted or misstated a material requirement to this SOLICITATION and/or the services required by this SOLICITATION, the responding Vendor shall advise the contact identified in the SOLICITATION Clarifications and Questions section above of such omission or misstatement.
Information contained in the Vendor’s bid/proposal that is company confidential must be clearly identified in the bid/proposal itself. The City will be free to use all information in the Vendor's bid/proposal for the City’s purposes, in accordance with State Law. Vendor bids/proposals shall remain confidential for 30 days or until a notice of intent to award is posted, which is sooner. The Vendor understands that any material supplied to the City may be subject to public disclosure under the Public Records Law.
This Contract, including appendices, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and not withstanding application of conflicts of law principles.
The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida.
Nothing in this agreement shall be interpreted or construed to mean that the city waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statute.
The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Proposer and the City under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof.
The Contractor shall indemnify and hold harmless the City of Hollywood and its officers, employees, agents and instrumentalities from any and all liability, losses or damages. In addition, the City shall be entitled to attorney’s fees and costs of defense, which the City of Hollywood, or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this project by the awarded bidder/proposer or its employees, agents, servants, partners, principals or subcontractors. Furthermore, the awarded bidder/proposer shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind of nature in the name of the City of Hollywood, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon. The awarded bidder/proposer expressly understands and agrees that any insurance protection required by the resulting agreement or otherwise provided by the awarded bidder/proposer shall cover the City of Hollywood, its officers, employees, agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in the performance of the contract.
The Bidder/Proposer warrants that all deliverables furnished hereunder, including but not limited to: services, equipment programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights.
The Bidder/Proposer shall be liable and responsible for any and all claims made against the City for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the work, or the City's continued use of the deliverables furnished hereunder. Accordingly, the Bidder/Proposer, at its own expense, including the payment of attorney's fees, shall indemnify, and hold harmless the City and defend any action brought against the City with respect to any claim, demand, and cause of action, debt, or liability.
In the event any deliverable or anything provided to the City hereunder, or a portion thereof, is held to constitute an infringement and its use is or may be enjoined, the Bidder/Proposer shall have the obligation, at the City's option, to (i) modify, or require that the applicable subcontractor/subproposer or supplier modify, the alleged infringing item(s) at the Bidder's/Proposer’s expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the City, at the City's/Proposer's expense, the rights provided under this Agreement to use the item(s).
The Bidder/Proposer shall be solely responsible for determining and informing the City whether a prospective supplier or subcontractor/subproposer is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or proprietary rights claims or is subject to any injunction which may prohibit it from providing any deliverable hereunder. The Bidder/Proposer shall enter into agreements with all suppliers and subcontractor/subproposers at the Bidder's/Proposer's own risk. The City may reject any deliverable that it believes to be the subject of any such litigation or injunction, or if, in the City's judgment, use thereof would delay the work or be unlawful.
The Bidder/Proposer shall not infringe any copyright, trademark, service mark, trade secrets, patent rights, or other intellectual property rights in the performance of the work.
Vendor shall not advertise or publish the fact that the City has placed this order without prior written consent from the City, except as may be necessary to comply with a proper request for information from an authorized representative of a governmental unit or agency.
The Hollywood may, in its sole discretion, accept or reject, in whole or in part, for any reason whatsoever any or all bids/proposals; re-advertise this SOLICITATION, postpone or cancel at any time this SOLICITATION process; or, waive any formalities of or irregularities in the bid/proposal process. Bids/proposals that are not submitted on time and/or do not conform to the City of Hollywood’s requirements will not be considered. After all bids/proposals are analyzed, organization(s) submitting bid/proposal that appear, solely in the opinion of the City of Hollywood, to be the most competitive, shall be submitted to the City of Hollywood’s City Commission, and the final selection will be made shortly thereafter with a timetable set solely by the City of Hollywood. The selection by the City of Hollywood shall be based on the bid/proposal, which is, in the sole opinion of the City Commission of the City of Hollywood, in the best interest of the City of Hollywood. The issuance of this SOLICITATION constitutes only an invitation to make a bid/proposal to the City of Hollywood. The City of Hollywood reserves the right to determine, in its sole discretion, whether any aspect of the bid/proposal satisfies the criteria established by the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this bid/proposal or otherwise.
The City warrants that all trademarks the City requests the Vendor to affix to articles purchased are those owned by the City and it is understood that the Vendor shall not acquire or claim any rights, title, or interest therein, or use any of such trademarks on any articles produced for itself or anyone other than the City.
The City reserves the right to request any additional information that might be deemed necessary during the evaluation process.
The Bidder is responsible for any and all costs incurred by the Bidder or his/her subcontractors/subproposers in responding to this solicitation.
This section is not applicable to this IFB.
No additional charges, other than those listed on the price breakdown sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and Vendor travel charges.
All responses, inquires, and correspondence relating to this SOLICITATION and all reports, charts, displays, schedules, exhibits and other documentation produced by the Vendor that are submitted as part of the bid/proposal shall become the property of the City upon receipt, a part of a public record upon opening, and will not be returned.
See insurance requirements in the main solicitation document.
The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in the Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of the Agreement that are not contained in the Agreement, and that the Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that the Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives.
The Bidder/Proposer shall provide the services set forth in the Scope of Services, and render full and prompt cooperation with the City in all aspects of the services performed hereunder.
The Bidder/Proposer acknowledges that the Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all work and services under this Contract. All things not expressly mentioned in the Agreement but necessary to carrying out its intent are required by the Agreement, and the Bidder/Proposer shall perform the same as though they were specifically mentioned, described and delineated.
The Bidder/Proposer shall furnish all labor, materials, tools, supplies, and other items required to perform the work and services that are necessary for the completion of this Contract. All work and services shall be accomplished at the direction of and to the satisfaction of the City's Project Manager.
The Bidder/Proposer acknowledges that the City shall be responsible for making all policy decisions regarding the Scope of Services. The Proposer agrees to provide input on policy issues in the form of recommendations.
The Bidder/Proposer agrees to implement any and all changes in providing services hereunder as a result of a policy change implemented by the City. The Bidder/Proposer agrees to act in an expeditious and fiscally sound manner in providing the City with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes.
The Bidder/Proposer hereby acknowledges that the City’s Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Agreement including without limitations: questions as to the value, acceptability and fitness of the services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Bid/proposal; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses.
The Bidder/Proposer shall be bound by all determinations or orders and shall promptly obey and follow every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Bidder/Proposer agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable.
The Bidder/Proposer must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the Project Manager and the Bidder/Proposer are unable to resolve their difference, the Bidder/Proposer may initiate a dispute in accordance with the procedures set forth in the section below. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder.
In the event of such dispute, the parties to this Agreement authorize the City Manager or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each with respect to matters within the City Manager's purview as set forth above shall be conclusive, final and binding on the parties. Any such dispute shall be brought, if at all, before the City Manager within 10 days of the occurrence, event or act out of which the dispute arises.
The City Manager may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether the Bidder's/Proposer’s performance or any deliverable meets the requirements of this Agreement and any specifications with respect thereto set forth herein. The effect of any decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the City Manager participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by the Bidder/Proposer to the City Manager for a decision, together with all pertinent information in regard to such questions, in order that a fair and impartial decision may be made. The parties agree that whenever the City Manager is entitled to exercise discretion or judgment or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be deemed fair and impartial when exercised or taken. The City Manager shall render a decision in writing and deliver a copy of the same to the Bidder/Proposer. Except as such remedies may be limited or waived elsewhere in the Agreement, the Bidder/Proposer reserves the right to pursue any remedies available under law after exhausting the provisions of this Article.
This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereof unless acknowledged in writing by the duly authorized representatives of both parties.
Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party.
In those situations where this Agreement imposes an indemnity or defense obligation on the Bidder/Proposer, the City may, at its expense, elect to participate in the defense if the City should so choose. Furthermore, the City may at its own expense defend or settle any such claims if the Bidder/Proposer fails to diligently defend such claims, and thereafter seek indemnity for costs and attorney’s fees from the Bidder/Proposer.
If the Bidder/Proposer will cause any part of this Agreement to be performed by a subcontractor/subproposer, the provisions of this Contract will apply to such subcontractor/subproposer and its officers, agents and employees in all respects as if it and they were employees of the Bidder/Proposer; and the Bidder/Proposer will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the subcontractor/subproposer, its officers, agents, and employees, as if they were employees of the Bidder/Proposer. The services performed by the subcontractor/subproposer will be subject to the provisions hereof as if performed directly by the Bidder/Proposer.
The Bidder/Proposer, before making any subcontract for any portion of the services, will state in writing to the City the name of the proposed subcontractor/subproposer, the portion of the services which the subcontractor/subproposer is to do, the place of business of such subcontractor/subproposer, and such other information as the City may require. The City will have the right to require the Bidder/Proposer not to award any subcontractor/subcontract to a person, firm or corporation disapproved by the City.
Before entering into any subcontract hereunder, the Bidder/Proposer will inform the subcontractor/subproposer fully and completely of all provisions and requirements of this Agreement relating either directly or indirectly to the services to be performed. Such services performed by such subcontractor/subproposer will strictly comply with the requirements of this Contract.
In order to qualify as a subcontractor/subproposer satisfactory to the City, in addition to the other requirements herein provided, the subcontractor/subproposer must be prepared to prove to the satisfaction of the City that it has the necessary facilities, skill and experience, and ample financial resources to perform the services in a satisfactory manner. To be considered skilled and experienced, the subcontractor/subproposer must show to the satisfaction of the City that it has satisfactorily performed services of the same general type which are required to be performed under this Agreement.
The City shall have the right to withdraw its consent to a subcontract if it appears to the City that the subcontract will delay, prevent, or otherwise impair the performance of the Bidder's/Proposer's obligations under this Agreement. All subcontractor/subproposers are required to protect the confidentiality of the City and City's proprietary and confidential information. The Bidder/Proposer shall furnish to the City copies of all subcontracts between the Bidder/Proposer and subcontractors/subproposers and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting the City to request completion of performance by the subcontractor/subproposer of its obligations under the subcontract, in the event the City finds the Bidder/Proposer in breach of its obligations, and the option to pay the subcontractor/subproposer directly for the performance by such subcontractor/subproposer. The foregoing shall neither convey nor imply any obligation or liability on the part of the City to any subcontractor/subproposer hereunder as more fully described herein.
When a Bidder/proposer receives from the City of Hollywood any payment for contractual services, commodities, materials, supplies, or construction contracts, the bidder/proposer shall pay such moneys received to each subcontractot/subproposer and material supplier in proportion to the percentage of work completed by each subcontractor/subproposer and material supplier at the time of receipt. If the bidder/proposer receives less than full payment, then the bidder/proposer shall be required to disburse only the funds received on a pro rata basis to the subcontractors/subproposers and materials Suppliers, each receiving a prorated portion based on the amount due on the payment. If the bidder/proposer without reasonable cause fails to make payments required by this section to subcontractors/subproposers and material suppliers within fifteen (15) working days after the receipt by the bidder/proposer of full or partial payment, the bidder/proposer shall pay to the subcontractor/subproposers and material suppliers a penalty in the amount of one percent (1%) of the amount due, per month, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed. Retainage is also subject to the prompt payment requirement and must be returned to the subcontractor/subproposer or material supplier whose work has been completed, even if the prime contract has not been completed. The Bidder/Proposer shall include the above obligation in each subcontract it signs with a subcontractor/subproposer or material suppler.
The City of Hollywood will be making payments to all new vendors through Automated Clearing House (ACH). The (ACH) option allows the City to process payments to vendors electronically and directly to their financial institution of choice. With (ACH) payments, funds are deposited into the vendor’s bank account and are available on the date the bank receives them. There will be no more waiting to receive payments in the mail, and no trips to the bank to make deposits.
The City may terminate this Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the City through fraud, misrepresentation or material misstatement.
The City may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the City. Such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney’s fees.
The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement may be debarred from City contracting in accordance with the City debarment procedures. The Bidder/Proposer may be subject to debarment for failure to perform and any other reasons related to the bidder's/proposer’s breach or failure of satisfactory performance.
In addition to cancellation or termination as otherwise provided in this Agreement, the City may at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Bidder/Proposer and in such event:
The Bidder/Proposer shall, upon receipt of such notice, unless otherwise directed by the City:
In the event that the City exercises its right to terminate this Agreement pursuant to this Article, the Bidder/Proposer will be compensated as stated in the payment articles herein, for the:
An Event of Default shall mean a breach of this Agreement by the Bidder/Proposer. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following:
When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Proposer's ability to perform the services or any portion thereof, the City may request that the Proposer, within the time frame set forth in the City's request, provide adequate assurances to the City, in writing, of the Proposer's ability to perform in accordance with terms of this Agreement. Until the City receives such assurances the City may request an adjustment to the compensation received by the Proposer for portions of the services which the Proposer has not performed. In the event that the Proposer fails to provide to the City the requested assurances within the prescribed time frame, the City may:
In the event the City shall terminate this Agreement for default, the City or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data.
If an Event of Default occurs, the Bidder/Proposer shall be liable for all damages resulting from the default, including but not limited to:
The Bidder/Proposer shall also remain liable for any liabilities and claims related to the Bidder's/Proposer’s default. The City may also bring any suit or proceeding for specific performance or for an injunction.
The City reserves the right to terminate this contract if, during the term of any contract the Bidder/Proposer has with the City, the Bidder/Proposer becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency law.
The obligation of the City for payment to a Bidder/Proposer is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.
No negotiations, decisions, or actions shall be initiated or executed by the Bidder/Proposer as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Bidders/Proposers, which are signed by a person designated as authorized to bind the Bidder/Proposer, will be recognized by the City as duly authorized expressions on behalf of the Bidder/Proposer.
Bidder/Proposer acknowledges that the City may be utilizing the Bidder's/Proposer’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. The Bidder/Proposer shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Bidder/Proposer during the Agreement term. The Bidder/Proposer is also responsible for e-verifying its subcontractors/subproposers, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. The Bidder/Proposer acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under this Agreement.
In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Bidder/Proposer shall also be provided with a minimum 30-day notice prior to any such reduction in budget.
The cost for all items as quoted herein shall remain firm for the first term of the contract. Costs for subsequent years and any extension term years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year than in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the City shall have the right to receive from the Bidder/Proposer a reduction in costs that reflects such cost changes in the industry. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract can be cancelled by the City upon giving thirty (30) days written notice to the Bidder/Proposer.
Bidder/Proposer acknowledges and agrees that as Contractor for the City of Hollywood, Florida, within the limits of the City of Hollywood, Florida, will have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agrees to defend, indemnify and hold harmless the City of Hollywood, Florida, its officials, employees, service providers, and its agents against any and all legal liability or loss the City of Hollywood, Florida may incur due to the Contractor's failure to comply with such act.
The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes); The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b), Florida Statutes); The Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes); The Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes); The Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes); The Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1), Florida Statutes); and The Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes.
Pursuant to section 787.06 (14), Florida Statutes, the Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking”.
By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in Iran Terrorism Sectors List, nor has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. In accordance with Section 287.135, Florida Statutes as amended, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with any agency or local government entity for goods or services of:
1.1. Any amount if, at the time of bidding on, submitting a bid/proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or
1.2. One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company:
1.2.1. Is on the Scrutinized Companies with Activities in Sudan List of the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes; or
1.2.2. Is engaged in business operations in Syria.
Submitting a false certification, or being placed on a list created pursuant to Section 215.473, Florida Statutes relating to scrutinized active business operations in Iran after Contractor has submitted a certification, shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City’s determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
Please download the below documents, complete, and upload.
I, an authorized representative, the contractor, shall indemnify, defend and hold harmless the City of Hollywood, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney’ s fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the contractor, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of the contract.
I , being first duly sworn, depose that:
The applicant certifies that it and its principals:
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. “No Public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.” The term “public officer” includes “any person elected or appointed to hold office in any agency, including any person serving on an advisory body.”
The City of Hollywood/Hollywood CRA policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the City/CRA does business.
The State of Florida definition of “gifts” includes the following:
Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract.
As the person authorized to sign the statement, I certify that this firm will comply fully with this policy.
See requirements in the #SPECIAL TERM AND CONDITIONS section.
Enter company FEIN to be verified in Sunbiz
The Prime Contractor/Bidder shall hold an active Florida General Contractor license in accordance with Chapter 489, Florida Statutes.
NOTE: BIDDER’S LEGAL NAME MUST MATCH THE LICENSE.
Please submit a performance and payment bonding capacity letter sufficient to cover the full contract value. Only the bonding capacity letter is required at this time.
NOTE: The City will notify the successful Contractor to furnish the required Performance and Payment Bonds. Within ten (10) calendar days of receiving the City's notification, the Contractor shall provide Performance and Payment Bonds, each in an amount equal to one hundred percent (100%) of the Contract Price, in accordance with Florida Statues, Section 255.05. The Contractor shall execute and record the City's required bond forms and, before commencing the Work, provide the City with a certified copy of the recorded bonds.
All bonds must be retained until all claims are fully resolved.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Pursuant to section 787.06 (14), Florida Statutes, the Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking”.
Please download the below documents, complete, and upload.
By responding to this solicitation, your entity certifies and attests the following:
The Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes); The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b), Florida Statutes); The Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes); The Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes); The Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes); The Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1), Florida Statutes); and The Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes.
(Print individual’s name and title) (Print name of entity submitting sworn statement)
Enter business address:
Enter Federal Employer Identification Number (FEIN) is:
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement.
I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
I understand that “Affiliate,” as defined in paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime, or
2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
I understand that “person,” as defined in Paragraph 287.133(1)(e), Florida Statues, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity.
The term “person” includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.)
Division of Administrative Hearings, determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the Final Order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
IT IS HEREBY CERTIFIED AND AFFIRMED THAT THE BIDDER/PROPOSER CERTIFIES ACCEPTANCE OF THE TERMS, CONDITIONS, SPECIFICATIONS, ATTACHMENTS AND ANY ADDENDA. THE BIDDER/PROPOSER SHALL ACCEPT ANY AWARDS MADE AS A RESULT OF THIS SOLICITATION. BIDDER/PROPOSER FURTHER AGREES THAT PRICES QUOTED WILL REMAIN FIXED FOR THE PERIOD OF TIME STATED IN THE SOLICITATION.
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER/PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID/PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID/PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER/PROPOSER TO THE TERMS OF ITS OFFER.
Example: Ready Mix Concrete
Example: April 1, 2023 at 3:00 PM EST at https://cohfl.webex.com/
Bidders shall include information regarding experience with projects of similar size and scope. Make any necessary adjustments to the # of projects and/or the # of years (do not add anything extra to this statement).
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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