SLED Opportunity · FLORIDA · CITY OF ZEPHYRHILLS
AI Summary
City of Zephyrhills seeks bids for parking lot improvements at Train Depot Museum including demolition, grading, drainage, asphalt paving, concrete and ADA upgrades, striping, and site restoration.
The City of Zephyrhills is seeking bids for parking lot improvements at the Train Depot Museum located at 39110 South Avenue. The project includes demolition, grading, drainage improvements, asphalt paving, concrete and ADA upgrades, striping, and site restoration in accordance with the attached construction plans.
The City of Zephyrhills is issuing this Addendum to clarify certain elements of the construction documents and to revise a unit of measure in the fee schedule.
1. Geoweb Slope Stabilization: The required Geoweb material thickness for the slope stabilization area shall be 4 inches in depth.
2. Fee Schedule Revision – Type D Curb: The unit of measure for Type D Curb in the fee schedule is hereby revised from square feet (SF) to linear feet (LF). The estimated quantity shall be measured and bid in linear feet (LF). A revised fee schedule reflecting this change is posted in OpenGov and shall replace the previously issued fee schedule.
All other terms, conditions, quantities, and requirements of the solicitation remain unchanged. Vendors are responsible for reviewing this Addendum and incorporating the clarification and revision into their proposals.
At the time of executing and delivering the Agreement, the Vendor must deliver to the City the required executed bonds. Additional copies will be furnished, upon request, at the cost of reproduction.
The Specifications and Drawings are intended to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire agreement between the City and the Vendor and may be modified only by written Modification. The Contract Documents expressly address all matters relating to the Work that the Vendor undertakes to perform in full compliance with their provisions.
The Vendor has, by personal examination and inquiry as necessary, satisfied itself as to all local conditions and as to the meaning, requirements, and intent of the Contract Documents. The City’s interpretation of the Contract Documents will govern. The Contract Documents are intended to include all labor, materials, equipment, and transportation necessary for the proper execution of the Work.
The Vendor will complete all Work that, to avoid needless repetition or for the sake of brevity, may be shown singly or only partially indicated. The Vendor will follow the Drawings and execute all Work in strict accordance with the Contract Documents and with the kind and quality of materials indicated and specified. Materials or Work described in words that have a well-known technical or trade meaning will be interpreted in accordance with such recognized standards. Any deviation from the Specifications required by the exigencies of construction must conform to the City’s written instructions.
The provisions of the Contract Documents apply with equal force to all Work performed under this Contract, including extra Work, whether performed directly by the Vendor or by any Subcontractor.
The Contract Documents are complementary, and a requirement stated in one is as binding as if stated in all. If the Vendor identifies any conflict, error, or discrepancy in the Contract Documents, the Vendor must notify the City in writing before proceeding with the affected Work. In resolving conflicts, errors, or discrepancies, the following order of precedence will govern: Agreement; Special Conditions; General Conditions; Specifications, including any Addenda; Drawings; Invitation to Bid; and the Vendor’s Bid.
Any Work, materials, or equipment that may reasonably be inferred from the Specifications or Drawings as necessary to produce the intended result will be provided, whether or not expressly stated. Work, materials, or equipment described in terms having a well-known technical or trade meaning will be deemed to refer to such recognized standards.
The Vendor must supervise and direct the work efficiently and with the highest degree of skill and attention. The Vendor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Vendor must ensure that the finished work complies fully with the Contract Documents and must accept full responsibility for the work until final acceptance. The Vendor must also protect the work against all loss or damage sustained during its progress and promptly repair any damage from any cause. After acceptance of the work, the Vendor’s responsibility will extend to defective or faulty work as later defined in these specifications. The Vendor must keep on the work site at all times during its progress a competent resident superintendent, who may not be replaced without the City’s written consent except under extraordinary circumstances. The superintendent will serve as the Vendor’s representative at the site and will have the authority to act on behalf of the Vendor. The superintendent must attend the pre-construction conference. All communications given to the superintendent will be as binding as if given directly to the Vendor.
Vendors will submit a brief technical submittal for the sole purpose of determining responsiveness and responsibility. The technical submittal will be reviewed on a pass/fail basis only and will not be scored, ranked, or comparatively evaluated. The City will use the technical submittal to assess whether the Vendor has demonstrated the ability, capacity, and qualifications necessary to perform the work in accordance with the solicitation requirements. Failure to submit a complete technical submittal, or failure to adequately demonstrate responsibility, may result in the bid being deemed non-responsive or the Vendor being determined non-responsible.
The Train Depot Museum is a City-owned historic facility that serves as a community and cultural asset. Improvements to the existing parking area are needed to enhance safety, accessibility, drainage, and overall site functionality for visitors and events.
The work will be completed in accordance with the construction plans prepared by Kimley-Horn dated December 2025. The construction plan set, including all details, notes, and specifications, is attached to this solicitation and governs the work.
**The construction plans are included as an attachment to this solicitation**
Bid documents, plans, and addenda are available for viewing and download through the City’s eProcurement Portal. A link to the Portal is provided on the City’s website at www.ci.zephyrhills.fl.us. Vendors are responsible for ensuring that all published addenda are downloaded prior to bid opening. To receive notifications regarding addenda, notices, and questions/answers, click “Follow” on the Public Project Page. All Vendors must be registered with the City of Zephyrhills to submit a bid. Registration is free. For technical assistance with the Portal, please contact OpenGov customer service.
Bid responses and all required documentation must be submitted through the eProcurement Portal before the deadline listed in the Timetable.
Each bid must be accompanied by a certified check drawn on a solvent bank or trust company, in accordance with Section 255.051, Florida Statutes, and made payable to the City of Zephyrhills, Florida, in an amount not less than 5% of the total bid. In lieu of a certified check, a bid bond of the same amount may be submitted on the form provided in the contract documents. This guarantee ensures that, if awarded the contract, the Vendor will execute the agreement and furnish a Payment and Performance Bond in the amount of 100% of the contract price within 10 days of the Notice of Award.
Please note: the bid bond amount must be written in both words and numerals. The use of percentages alone (e.g., “5%”) is not permitted on the bid bond form.
This Invitation to Bid (ITB) is structured to accommodate a variety of goods and services.
Sealed proposals will be submitted electronically through the City’s e-Procurement Portal, OpenGov, located at https://procurement.opengov.com/portal/zephyrhillsfl, no later than the date and time designated in the Invitation to Bid, for furnishing all transportation, labor, materials, and equipment, and for performing all operations required for the purchase, construction, and completion of the work specified in the solicitation documents and shown on the drawings. Proposals will be submitted in accordance with the following requirements:
The Vendor must provide competent, suitably qualified personnel to survey, lay out, and perform construction as required by the Contract Documents. The Vendor must at all times maintain good discipline and order at the site. The Vendor must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the work. Any work required after regular working hours, on Sundays, or on legal holidays must be performed without additional expense to the City. All materials and equipment must be new, unless otherwise provided in the Contract Documents. If required by the City, the Vendor must furnish satisfactory evidence of the kind and quality of materials and equipment. All material and workmanship must, in every respect, be in conformity with what, in the opinion of the City, reflects approved modern practice.
The project includes, but is not limited to:
The Vendor will, at its sole cost and expense, procure and maintain throughout the term of the contract Comprehensive General Liability and Worker’s Compensation insurance, including Employer Liability insurance, with minimum policy limits of $1,000,000 (this could be $2,000,000 depending on the amount of the contract) combined Single Limits, or to the extent and in such amounts as required and authorized by Florida law. The Vendor will provide endorsed certificates of insurance, executed by a licensed insurance professional, evidencing such coverage and naming the City of Zephyrhills as an additional insured, as well as furnishing the City with a certified copy or copies of said insurance policies. Certificates of insurance and certified copies must accompany the signed contract. Insurance coverage procured by the Vendor as required herein will be considered primary over any other insurance or self-insurance available to the City. Any other insurance or self-insurance available to the City will be considered secondary or excess. Nothing herein will be construed to extend the City’s liability beyond that provided in Section 768.28, Florida Statutes.
A bid bond must accompany each bid response. The bond must be in an amount not less than 5% of the total bid price and must be made payable to the City as a guarantee that the Vendor will not withdraw its bid for a period of 60 days after bid closing. The bid bond must be included in the Vendor’s eProcurement submission.
The payment and performance bond, along with all required insurance, must be secured from or countersigned by an agency or surety company recognized in good standing and authorized to conduct business in the State of Florida. If at any time the City, for justifiable cause, becomes dissatisfied with any surety, the Vendor must, within five days after receiving notice from the City, substitute an acceptable bond in such form and amount, and signed by a surety or sureties satisfactory to the City. The premiums for such bond must be paid by the Vendor. No further payments will be made under the contract until the new surety or sureties have furnished an acceptable bond to the City.
Before starting work at the site, the Vendor must furnish the City with certificates of insurance and schedules as required. A pre-construction conference will be held to review the schedules, establish procedures for handling applications for payment, and create a working understanding between the parties regarding the project. Present at this conference will be the City and its representative, the Vendor, and the Vendor’s Superintendent.
Before undertaking the work, the Vendor must carefully study and compare the contract documents, check and verify all figures, and confirm all field measurements. Any conflict, error, or discrepancy discovered must be reported in writing to the City at once. The Vendor assumes full responsibility for having familiarized itself with the nature and extent of the contract documents, the work, the project site, and local conditions that may in any manner affect performance. The Vendor also represents that it has visited the site.
All requests for additional information or clarification must be submitted in writing through the City’s e-Procurement Portal (OpenGov). Such requests must be received no later than Monday, March 23, 2026, 9:00 am.
Technical Proposals will conform to the following formatting standards to ensure consistency and ease of evaluation. Proposals not meeting these requirements may be deemed non-responsive:
In addition, technical proposals will be organized in the order outlined below. Proposals not following this structure may be deemed non-responsive.
All bid submissions will be made through the City’s e-Procurement Portal located at:
https://procurement.opengov.com/portal/zephyrhillsfl
This solicitation includes: (1) construction of a new above-ground structure or structures, (2) any additions, improvements, alterations, or repairs to an existing above-ground structure or structures, or (3) the installation of machinery or equipment into an existing structure or structures. The Vendor will provide, in a policy acceptable to the City, “all risk” (Special Form) property insurance on any such construction, additions, machinery, or equipment. The amount of the insurance will be no less than the estimated replacement value at the time of the City’s final acceptance of such new structures, additions, improvements, alterations, repairs, machinery, or equipment. The coverage will not be subject to any restriction with respect to occupancy or use by the City and, subject to thirty days’ prior written notice to the City, will remain in full effect until final acceptance by the City. In addition, the City, the Professional, and the Vendor’s subconsultants of any tier will be additional insureds on this policy. The insurance will include a deductible no greater than 1% of the contract amount, or $25,000, whichever is smaller, for which the Vendor will be responsible. The risk of loss, whether insured or not, will remain with the Vendor until final acceptance. Upon request, the Vendor will furnish to the City complete copies of the insurance policy.
When the City does not wish to exclude competing brands or makes, the phrase “OR EQUIVALENT” will be specified. Any reference in the plans or specifications to manufacturers’ or Vendors’ names, trade names, or catalog numbers is intended only to establish a standard of quality and performance. Materials, articles, or equipment of other manufacturers or Vendors may be considered equally acceptable if, in the opinion of the Architect/Engineer, they are of equal substance and function. Such items may not be purchased or installed by the Contractor without the Architect/Engineer’s written approval. If a product other than the specified item is proposed, it is the Bidder’s responsibility to identify that product in its bid and to demonstrate to the City that it is equal to or better than the specified product. The City shall have sole and absolute discretion to determine whether the product is equal to or better than the specified product. The City may require manufacturers’ certificates of conformance to specifications, which must be provided at no cost to the City. Unless otherwise specified, samples may also be requested if the proposed brand differs from that specified. If requested, such samples must be received by the City within the time specified after the request is made. Any items in this category must be submitted to the City for review and approval no later than 9:00 am, on Monday, March 23, 2026.
Include a complete table of contents listing all required sections in the order presented below, with corresponding page numbers. At a minimum, the following headings will be included:
The City will provide the Vendor with a written Notice to Proceed, stating the date on which work is expected to begin. No work may be performed prior to the stated start date. Contract time will commence on the date specified in the Notice to Proceed.
No materials or supplies for the work may be purchased by the Vendor or by any subcontractor subject to a chattel mortgage, conditional sale contract, or other agreement under which an interest is retained by the seller. The Vendor warrants that it has good title to all materials and supplies used in the work, free from all liens, claims, or encumbrances.
In addition to the improvements described above, the following construction requirements apply:
All labor, materials, equipment, supervision, testing, and coordination necessary to complete the work shown in the plans are included in the bid. Field verification of existing conditions is required prior to construction. Work reasonably necessary to achieve the finished improvements shown in the plans shall be included, whether or not specifically described in this summary.
The project shall be performed in accordance with applicable City standards and all governing codes and regulations.
The Vendor must, prior to commencement of work, obtain and maintain in full force and effect the minimum insurance coverage as specified in the contract documents. The insurance policy’s expiration date must extend beyond the length of the project/contract.
All insurance certificates must be endorsed by the Vendor’s insurance carrier, approved by the City, and must name the City of Zephyrhills, Florida as an additional insured.
A Vendor is an individual, firm, or corporation submitting a bid to the City for the goods or services requested in this ITB.
Provide a signed Letter of Transmittal. The Letter of Transmittal will, at a minimum:
The Vendor must confine its equipment, the storage of materials and equipment, and the operations of its workforce to areas permitted by law, ordinance, or permit, and must not unreasonably encumber the premises with materials or equipment. Materials stored without proper permits must be promptly relocated at the Vendor’s expense upon request by the City.
The Vendor must indemnify, defend, and hold harmless the City of Zephyrhills, its agents, invitees, and employees, from and against all suits, actions, claims, demands, damages, losses, expenses (including attorney’s fees and costs), and judgments of every kind and description to which the City or its representatives may be subjected, arising out of injury to persons (including death) or damage to property. Such liability must result from, or be connected to, any act, omission, negligence, or fault of the Vendor, its agents, or employees, committed in connection with this contract or the performance of work hereunder, notwithstanding any concurrent negligence of the City.
The Vendor must further indemnify and hold harmless the City, its agents, and employees from and against all suits, actions, claims, demands, damages, losses, expenses (including attorney’s fees and costs), and judgments of every kind and description arising from, or connected to, any violation of federal, state, county, or municipal laws, ordinances, or regulations by the Vendor, its agents, invitees, or employees.
Include a concise Executive Summary providing a high-level overview of the bidder’s technical submittal. The Executive Summary will be brief and factual and will not include marketing or promotional material. At a minimum, the Executive Summary will:
The Vendor must keep one record copy of all Specifications, As-Built Drawings, Addenda, Modifications, and Shop Drawings at the site in good order, annotated to show all changes made during the construction process. These records must be available to the RPR and the Engineer. Final As-Built Drawings must be delivered to the City and the Engineer upon completion of the Project. Release of retainage will be contingent upon delivery of red-lined As-Built Drawings.
To ensure the proper and fair evaluation of bids, the City of Zephyrhills prohibits ex parte communication (i.e., unsolicited contact) initiated by a Vendor with any City official or employee involved in evaluating or considering bids prior to a final decision.
All communication between a Vendor and the City must be initiated by the appropriate City official or employee, solely for the purpose of obtaining information or clarification needed to complete a proper evaluation.
Any ex parte communication may be grounds for disqualifying the Vendor from consideration or award of the bid under evaluation, as well as from future solicitations.
The Bid Bond shall be submitted with the electronic bid through the City’s e-Procurement Portal (OpenGov). For technical questions regarding the Portal, contact the OpenGov Support Team via the Support Bubble in the bottom right corner of the screen or by email at procurement-support@opengov.com. A Vendor may not withdraw its bid for a period of 60 days after the bids are received, unless a different period is stated in the Bidding Requirements or Contract Conditions.
Identify the key personnel who will be assigned to this project. At a minimum, the following positions will be identified:
The Vendor is assumed to be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect the work. Lack of knowledge on the part of the Vendor shall not relieve the Vendor from responsibility.
When, in the opinion of the City, it becomes necessary to explain more fully the work to be done, illustrate the work further, or show required changes, drawings known as supplementary drawings, with specifications pertaining thereto, will be prepared by the Engineer. The additional drawings and instructions supplied to the Vendor will coordinate with the Contract Documents and will be prepared so that they can be reasonably interpreted. The Vendor must carry out the work in accordance with the additional detailed drawings and instructions. The Vendor and the Architect/Engineer will jointly prepare: (a) a schedule fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with the schedule; and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing, and installation of materials, supplies, and equipment, and the completion of the various parts of the work. Each such schedule will be subject to change in accordance with the progress of the work. Supplementary drawings are binding upon the Vendor with the same force as the drawings. Where supplementary drawings require either less or more than the estimated quantities of work, credit to the City or compensation to the Vendor will be subject to the terms of the Agreement.
Provide a concise description of the bidder’s proposed work plan and construction approach for completing the project in accordance with the contract documents. At a minimum, the Work Plan shall address the following:
The project shall be completed within 90 calendar days from the date of Notice to Proceed. Bidders should plan their work accordingly and include sufficient time for permitting, material procurement, inspections, and coordination necessary to meet this anticipated timeline.
The Vendor must promptly submit to the Architect/Engineer four copies of each shop or setting drawing, prepared in accordance with the predetermined schedule. After review of such drawings by the Architect/Engineer and their return, the Vendor must make the indicated corrections and furnish the Architect/Engineer with four corrected copies. If requested, the Vendor must provide additional copies. Regardless of corrections made in, or approval given to, such drawings by the Architect/Engineer, the Vendor remains responsible for the accuracy of the drawings and their conformity to the Plans and Specifications, unless the Vendor notifies the Architect/Engineer in writing of any deviations at the time the drawings are furnished.
The Vendor must visit the site of the proposed work and familiarize itself with the nature and extent of the work, as well as all local conditions that may in any manner affect the work to be performed and the equipment, materials, and labor required. By submitting a bid, the Vendor acknowledges that it has visited the site and is familiar with the nature and extent of the work and all local conditions that may in any manner affect the work to be performed and the equipment, materials, and labor required. The Vendor must carefully examine the drawings, specifications, Form of Agreement, and Bond, and fully inform itself regarding all conditions and requirements contained herein that may in any manner affect the work to be performed.
Provide a high-level schedule or brief narrative demonstrating the bidder’s ability to complete the project within 90 calendar days from the date of Notice to Proceed. The project shall be completed within 90 calendar days from the date of Notice to Proceed.
The Architect/Engineer will issue all orders and directions under the contract and specifications related to the execution of the work. The Architect/Engineer will determine the amount, quality, acceptability, and fitness of the various kinds of work and materials to be paid for under this contract and will decide all questions that may arise in relation to such work and its construction. The Architect/Engineer’s estimates and decisions will be final and conclusive, except as otherwise expressly provided in the contract. If a question arises between the parties regarding the contract or specifications, the determination or decision of the Architect/Engineer will be a condition precedent to the Vendor receiving any payment for work affected by such question. The Architect/Engineer will decide the meaning and intent of any portion of the specifications, plans, or drawings that may be found obscure or disputed. Any differences or conflicts regarding the work that may arise between the Vendor under this contract and other Vendors performing work for the City will be adjusted and determined by the Architect/Engineer.
The contract, if awarded, will be awarded only to a responsible Vendor who is qualified by experience to perform or supply the work specified herein. The Vendor must submit with its bid evidence, satisfactory to the City, of its experience in similar work. When requested, the Vendor must demonstrate that it has the necessary organization, capital, equipment, and machinery to complete the work to the satisfaction of the City within the time limit stated in the Contract Documents.
A Vendor must not submit more than one bid. If the City has reasonable grounds to believe that a Vendor has interests in more than one bid for the same work, all such bids will be rejected. Any or all bids will also be rejected if there is reason to believe collusion exists among Vendors. No participant in such collusion will be considered for future bids for the same work.
The Vendor is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Vendor must take all necessary precautions for the safety of, and provide necessary protection to prevent damage, injury, or loss to:
The Vendor must replace or make good any such damage, loss, or injury unless caused directly by errors in the contract documents or by the City or its authorized representatives. The Vendor must notify the Architect/Engineer immediately. Any claim for compensation must be promptly submitted to the Architect/Engineer for approval.
The Vendor must designate a responsible member of its organization at the site whose duty is accident prevention. This person will be the Vendor’s superintendent unless otherwise designated in writing to the City.
Provide information demonstrating experience with similar work sufficient for the City to determine bidder responsibility. Bidders shall submit a minimum of three completed projects of similar scope and complexity, including parking lot paving, asphalt installation, site grading, ADA improvements, or related site construction work, completed within the past five years. For each project, include:
The Vendor is responsible for complying with all applicable Occupational Safety and Health Administration (OSHA) standards and regulations pertaining to the work, including requirements for confined space entry. Precautions must be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, building codes, and construction codes must be observed in accordance with the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, and OSHA’s Safety and Health Standards (29 CFR 1926/1910), to the extent that such provisions do not conflict with applicable law. The Vendor must provide documentation addressing Means of Egress, Emergency Evacuation, Confined Space Entry, Lock Out – Tag Out, Hot Work Permits, Hurricane Preparedness, and Right-to-Know / Material Safety Data Sheets (MSDS) to the satisfaction of the City prior to the commencement of any job. A Vendor Process Safety Management Briefing will be held at the Pre-Construction Conference. The Vendor will be required to attend this briefing and sign a form acknowledging that the briefing was completed. A copy of this form is included in the Forms section of this package.
Identify any assumptions or exclusions that may affect pricing, schedule, or interpretation of the scope of work.
The City reserves the right to reject any or all bids and to waive or disregard technical errors.
In emergencies affecting the safety of persons, the work, or property at or adjacent to the site, the Vendor, without special instruction or authorization from the City, is obligated to act at its discretion to prevent threatened damage, injury, or loss.
The Vendor must not assign the whole or any part of this contract, or any monies due or to become due, without the City’s written consent. If the Vendor assigns any part of the monies due or to become due under this contract, the instrument of assignment must contain a clause stating that the assignee’s right to such monies is subject to the prior claims of all persons, firms, and corporations for services rendered or materials supplied in connection with the performance of the work.
As soon as the bids have been compared, the City may, at its discretion, return the bid security submitted with bids that, in the City’s judgment, are not likely to be considered for award. All other bid securities will be held until the Agreement and Bond have been executed, after which they will be returned to the respective Vendors.
The Vendor awarded the contract must sign the Agreement with the City and return it within 10 days. No contract will be considered binding upon the City until it has been properly executed.
If, through acts of neglect on the part of a Vendor, another Vendor or any subcontractor suffers loss or damage on the work, the Vendor responsible agrees to settle with the other party by agreement or arbitration, if the other party is willing to do so. If such a Vendor or subcontractor asserts a claim against the City for damages alleged to have been sustained, the City will notify the responsible Vendor, who must indemnify and hold harmless the City against such claim.
The Vendor must not employ any subcontractor against whom the City has a reasonable objection, nor will the Vendor be required to employ any subcontractor against whom it has a reasonable objection. Within 30 calendar days after the date of the award of contract, and before the City issues any partial payments, the Vendor must furnish the City with a written list of the subcontractors proposed for the principal portions of the work for acceptance by the City. No substitution of a subcontractor accepted by the City may be made unless the City determines that good cause exists. The Vendor is fully responsible for all acts and omissions of its subcontractors, and of persons directly or indirectly employed by them, to the same extent that the Vendor is responsible for the acts and omissions of persons directly employed by the Vendor. Nothing in the Contract Documents creates a contractual relationship between any subcontractor and the City, or imposes any obligation on the City to pay or ensure payment of any monies due to a subcontractor, except as otherwise required by law. The City may, to the extent practicable, furnish evidence to a subcontractor of amounts paid to the Vendor on account of specific work performed. The divisions and sections of the Specifications and the identifications of any Drawings do not control how the Vendor divides work among subcontractors or delineates work for specific trades. The Vendor must specifically bind every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the City. The terms of the Contract Documents control over any discrepancies in other documents.
Failure by the successful Vendor to execute the Agreement as required will be just cause for annulment of the award. In the event of annulment, the Vendor will forfeit its bid bond. This forfeiture is not a penalty, but reasonable, fixed, and liquidated damages arising from the Vendor’s failure to enter into an Agreement with the City. The award may then be made to the next lowest responsive and responsible Vendor, or the work may be re-advertised, at the City’s discretion.
A Vendor may withdraw its bid, without prejudice, any time prior to the day and hour set for the opening of bids by clicking “Unsubmit Proposal” in the City’s e-Procurement Portal (OpenGov).
The Vendor must give all notices and comply with all laws, ordinances, rules, and regulations applicable to the work. If the Vendor observes that the Specifications or Drawings are at variance with such laws, the Vendor must promptly notify the City in writing, and any necessary changes will be made by Modification. If the Vendor performs work knowing it to be contrary to such laws, ordinances, rules, or regulations, without notice to the City, the Vendor will bear all resulting costs. However, it is not the Vendor’s primary responsibility to determine that the Drawings and Specifications comply with applicable laws, ordinances, rules, or regulations.
No member of, or Delegate to, Congress, or Resident Commissioner will be admitted to any share or part of this contract, or to any benefit that may arise from it. This provision applies even if the contract is made with a corporation for its general benefit.
The Vendor is required to observe all ordinances related to obtaining permits for occupying, excavating, or obstructing streets and alleys. The Vendor must erect and maintain barricades and sufficient safeguards around all excavations, embankments, or obstructions. Where telephone, telegraph, light or power poles; water mains, conduits, pipe, or drains; or other public or private construction exists in or on streets or alleys, the work must be conducted so that no interruption or delay is caused in the operation or use of those facilities. Proper written notice must be provided, and all reasonable facilities afforded to the owners of such property to enable them to preserve their facilities from damage. Unless otherwise expressly provided in the Specifications, the City will furnish all surveys necessary for the execution of the work. The Vendor must procure and pay for all other permits, licenses, and approvals necessary for contract execution and must comply with all Florida Department of Environmental Protection requirements. The cost of building permits will be waived by the City of Zephyrhills. The Vendor must be registered with the City of Zephyrhills Building Department.
The Vendor must confine its equipment, the storage of materials and equipment, and the operations of its workforce to areas permitted by law, ordinances, or permits, and must not unreasonably encumber the premises with materials or equipment. Materials stored without proper permits must be promptly relocated upon request by the City at the Vendor’s expense.
Consideration will be given to price, the Vendor’s experience in similar work, and conformity with the specifications. The award will be made to the lowest responsive and responsible Vendor. The quality of the materials to be supplied, their suitability to the requirements, and guarantee provisions will also be taken into account. No significant deviation from the specifications is acceptable. The City of Zephyrhills reserves the right to reject any or all bids as authorized by law, to accept any bid in whole or in part, and to award the contract to other than the lowest Vendor if, in its discretion, such action is in the best interest of the City.
Consideration will be given to price, the Vendor’s experience in similar work, and conformity with the specifications. The award will be made to the lowest responsive and responsible Vendor. The quality of the materials to be supplied, their suitability to the requirements, and guarantee provisions will also be taken into account. No significant deviation from the specifications is acceptable. The City of Zephyrhills reserves the right to reject any or all bids as authorized by law, to accept any bid in whole or in part, and to award the contract to other than the lowest Vendor if, in its discretion, such action is in the best interest of the City.
If awarded the contract, the Vendor must enter into a formal written Agreement with the City in accordance with the accepted bid within ten (10) calendar days after the contract is submitted. If the Vendor defaults or breaches any part of the bid, the bid security will be forfeited as liquidated damages.
It is understood and agreed by the Contractor and the City that the date of commencement and the time for completion specified in the contract are essential conditions. The work must begin on the date specified in the Notice to Proceed. If additional time is granted under the contract, such extensions will also be of the essence. The Contractor will not be charged with liquidated damages or excess costs when the City determines the Contractor is without fault and the reason for delay is acceptable. Delays excused include, but are not limited to:
(a) Any preference, priority, or allocation order duly issued by the Government.
(b) Delays of subcontractors or suppliers caused by such orders.
The Contractor must notify the City in writing within 10 days from the beginning of such delay, unless the City grants additional time. The City will review the facts and notify the Contractor of its decision within a reasonable time.
The Contractor agrees to prosecute the work regularly, diligently, and without interruption at a rate of progress that will ensure full completion within the specified time. Both parties agree that the time for completion is reasonable, considering local conditions, climate, and industry standards. The Vendor also agrees to supply all required materials within 30 days after the Agreement has been executed, the contract has been submitted, and the Notice to Proceed has been received. If the Contractor neglects, fails, or refuses to complete the work within the specified time or an approved extension, the Contractor agrees to pay the City liquidated damages in the amount specified in the contract, for each calendar day of delay, as compensation for the breach. These damages are not a penalty but a reasonable estimate of the loss sustained by the City.
If the Contractor fails to substantially complete the work and supply the required materials by the completion date (or any extended date approved by the City), the Contractor will pay the City liquidated damages of $500.00 per calendar day beyond the allowed time. This amount is agreed upon as a reasonable measure of damages sustained by the City, recognizing that actual losses are difficult to determine with precision. Costs for liquidated damages are not to be construed as a penalty.
All notices to the Contractor from the City must be in writing. Notice will be deemed delivered when posted by certified or registered mail to the Contractor’s last known address, or when delivered in person to the Contractor or its authorized representative at the worksite.
The Vendor must keep the premises free from accumulations of waste materials, rubbish, and debris resulting from the work. At completion, the Vendor must remove all waste materials, rubbish, and debris from and about the premises, as well as all tools, construction equipment, machinery, and surplus materials, leaving the site clean and ready for occupancy by the City. The Vendor must restore to their original condition those portions of the site altered by the work under the Contract Documents.
The Vendor must list on a separate sheet of paper any variations from, or exceptions to, the conditions and specifications of this bid. This sheet must be labeled “Exceptions to Bid Conditions and Specifications” and attached to the bid. Any variations or exceptions must meet or exceed the plans and specifications.
The Vendor assumes full responsibility and liability and agrees to indemnify and hold harmless the City and its representatives from any loss or damage sustained, or alleged to have been sustained, by any person or property arising out of, or claimed to have been caused by, the sole, joint, or concurrent negligence of the Vendor and/or the City, connected with the performance of the work. The Vendor agrees to pay all damages, losses, costs, and expenses, including attorney’s fees, allegedly arising in any way out of the performance of the work by the Vendor, its agents and employees, or its subcontractors, their agents and employees, including but not limited to:
An estimate of the quantities of work to be performed and/or materials to be furnished is provided in the specifications. The estimate is the result of the City’s calculations and is believed to be correct. It is given only as a basis for comparison of bids, and the City does not expressly or by implication agree that the actual quantities will correspond exactly to the estimate. The Vendor must not claim misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased without invalidating the unit bid prices.
Facilities for handling materials and inspecting the work must at all times be furnished by the Vendor, and all costs due to delays in handling materials or equipment, and loss or damage, are the responsibility of the Vendor. The Vendor is responsible for all materials, equipment, and supplies sold and delivered to the City until final inspection of the work and acceptance by the City. If any such materials, equipment, or supplies are lost, stolen, damaged, or destroyed prior to acceptance, the Vendor must replace them at no cost to the City.
In accordance with Section 119.0701, Florida Statutes, the Vendor will:
If a Vendor has questions regarding the application of Chapter 119, Florida Statutes, to the consultant’s duty to provide public records relating to this agreement or contract, they should contact the Custodian of Public Records at:
Ricardo Quinones, City Clerk
City of Zephyrhills
5335 8th Street
Zephyrhills, Florida 33542
rquinones@ci.zephyrhills.fl.us
813-780-0000
Prior to the start of construction, the City will obtain all lands and rights-of-way necessary for carrying out and completing the work to be performed under this contract.
All work, all materials (whether incorporated in the work or not), all processes of manufacture, and all methods of construction will at all times and places be subject to inspection by the Architect/Engineer, who will be the final judge of their quality and suitability for the purposes for which they are used. If the work, materials, processes, or methods fail to meet approval, they must be reconstructed, corrected, or replaced by the Contractor at its own expense. Rejected materials must be immediately removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace defective or damaged materials, or to reconstruct or correct any portion of the work not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor will be reduced by an amount the Architect/Engineer determines to be equitable.
No official of the City who is authorized to negotiate, make, accept, or approve any architectural, engineering, inspection, construction, or material supply contract, or any subcontract related to the project, may become directly or indirectly personally interested in this contract or any part of it. Likewise, no official authorized to exercise legislative, executive, supervisory, or other functions in connection with the project may become directly or indirectly personally interested in this contract, any material supply contract, insurance contract, or any other contract pertaining to the project.
Immediately after execution and delivery of the contract, and before the first partial payment is made, the Vendor must deliver to the City an estimated construction progress schedule in a form satisfactory to the City. The schedule must show the proposed dates of commencement and completion of each subdivision of the work, as well as the anticipated amount of each monthly payment due to the Vendor. The Vendor must also furnish, on forms mutually agreeable to the Engineer, Vendor, and City: (a) a detailed estimate giving a complete breakdown of the contract price, and (b) periodic itemized estimates of work completed for the purpose of processing partial payments. These costs are used solely to determine the basis for partial payments and do not establish the basis for additions to or deductions from the contract price.
If the Contractor encounters subsurface or latent conditions at the site that materially differ from those shown on the Plans or indicated in the Specifications, the Contractor must immediately notify the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will promptly investigate the conditions. If the Architect/Engineer determines that they materially differ from those shown on the Plans or indicated in the Specifications, the Architect/Engineer will make the necessary changes to the Plans and/or Specifications. Any resulting increase or decrease in cost will be adjusted in accordance with the applicable provisions of the General Conditions relating to changes in the work.
No claim for extra work or cost will be allowed unless the work is performed pursuant to a written order from the Architect/Engineer and approved by the City. The claim must be presented with the first estimate submitted after the changed or extra work is completed. When work is performed under the provisions of the General Conditions relating to changes in the work, the Contractor must furnish satisfactory bills, payrolls, and vouchers covering all items of cost. When requested, the Contractor must provide the City access to all accounts relating to such work.
Payments to the Vendor will be made in accordance with the following requirements:
The Vendor will make payments in accordance with the following requirements:
A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than thirty calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination.
B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in subsection A above.
C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract will be made, but (1) no amount will be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Vendor at the time of termination may be adjusted to cover any additional costs to the local government because of the Vendor's actions.
D. If termination for convenience is effected by the local government, the equitable adjustment will include a reasonable profit for services or other work performed for which profit has not already been included in an invoice.
E. For any termination, the equitable adjustment will provide for payment to the Vendor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, relating to commitments made prior to receipt of the notice.
F. Upon receipt of a termination action, the Vendor will (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports, specifications, summaries, and other such information as may have been accumulated by the Vendor in performing this contract, whether completed or in process.
G. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract.
H. If, after termination for failure of the Vendor to fulfill contractual obligations, it is determined that the Vendor had not failed to fulfill contractual obligations, the termination will be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price will be made as provided in subsection C above.
Acceptance of final payment by the Vendor will operate as a release to the City of all claims and all liability to the Vendor for all work performed, materials furnished, and services provided in connection with the Work, and for every act or omission of the City or others relating to or arising out of the Work. No payment, whether final or otherwise, will operate to release the Vendor or its sureties from any obligations under the Contract or under any Performance Bond or Payment Bond required by the Contract.
The Engineer will be the interpreter of the terms and conditions of the Contract Documents and the judge of performance thereunder. In this capacity, the Engineer will exercise best efforts to ensure faithful performance by both the City and the Vendor and will not show partiality to either party. The Engineer will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes, and other matters relating to the execution and progress of the Work, or the interpretation of or performance under the Contract Documents, will be referred to the Engineer for decision, which will be rendered in writing within a reasonable time.
Without invalidating the Agreement, the City may, at any time or from time to time, order additions, deletions, or revisions to the Work through written Change Orders. Upon receipt of a Change Order, the Vendor will proceed with the Work involved. All such Work will be executed in accordance with the applicable conditions of the Contract Documents. If a Change Order results in an increase or decrease in the Contract Price or an extension or reduction of the Contract Time, an equitable adjustment will be made.
The Resident Project Representative (RPR) may authorize minor changes or alterations in the Work that do not involve an increase in cost and are not inconsistent with the overall intent of the Contract Documents. Such changes may be accomplished by a Field Order. If the Vendor believes that any change or alteration authorized by the RPR entitles the Vendor to an adjustment in the Contract Price or Contract Time, the Vendor will submit a written claim in accordance with the Contract Documents.
The Vendor will not begin Work on any change, alteration, or revision that requires an increase or decrease in the Contract Price or an extension of the Contract Time until a Change Order setting forth the applicable adjustments has been executed by the City.
The Vendor will be responsible for notifying its surety of any changes affecting the general scope of the Work or the Contract Price. The amount of any required bonds will be adjusted accordingly, and the Vendor will furnish proof of such adjustment to the City.
The Contract Time may be changed only by a written Change Order. Any claim for an extension of the Contract Time will be submitted in writing to the City within five days of the occurrence of the event giving rise to the claim. If the City and the Vendor are unable to reach agreement, all claims for adjustment of the Contract Time will be determined by the Engineer. Any change to the Contract Time resulting from such determination will be incorporated into a Change Order.
The Contract Time will be extended by an amount equal to the time lost due to delays beyond the control of the Vendor, provided the Vendor submits a timely claim in accordance with the Contract Documents. Such delays may include, but will not be limited to, acts or omissions of separate contractors employed by the City, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.
All time limits stated in the Contract Documents are of the essence of the Agreement.
When changes in the Work are ordered by written modification, any extension of the Contract Time, if allowed, will be noted in the same written modification.
Claims for extension of the Contract Time will be approved only if the Work or event causing the delay affects the critical path of the project. In such cases, any extension will be limited to the number of days by which the critical path is lengthened. If required by the Engineer, the Vendor will identify the critical path by diagram or narrative, in sufficient detail to justify the claim and establish the number of days of delay. For purposes of this Contract, the critical path is defined as the series of interdependent construction activities that must be performed sequentially and that require a longer total time to complete than any other such series.
Any extension of time granted will be limited to that determined by the Engineer to be sufficient to compensate for the delay, provided the City receives immediate written notice from the Vendor of the cause and the probable duration of the delay. Neither the granting of an extension beyond the date set forth in the Contract Documents nor the acceptance of Work performed after such date will be deemed a waiver by the City of its right to terminate the Contract for delay.
In the event of a temporary suspension of the Work, during inclement weather, or whenever directed by the Architect/Engineer, the Vendor will, and will cause its subcontractors to, carefully protect the Work and all materials from damage or injury due to weather conditions. If, in the opinion of the Architect/Engineer, any Work or materials are damaged or injured as a result of the Vendor’s failure, or the failure of any subcontractor, to provide such protection, the damaged Work or materials will be removed and replaced at the Vendor’s expense.
If required by the Owner, the Vendor will furnish photographs of the Project in the quantities and in the manner described in Section five of the Supplemental General Conditions.
All materials and equipment used in the construction of the Project will be subject to inspection and testing in accordance with generally accepted standards. Any laboratory or inspection agency will be selected by the Owner. The offering or payment of any compensation, gratuity, or valuable favor of any kind, whether direct or indirect, by the Vendor to any inspection or testing agency is strictly prohibited and will constitute a violation of the Contract.
If the Contract Documents, or any applicable laws, ordinances, rules, regulations, or orders of a public authority having jurisdiction, require any portion of the Work to be inspected, tested, or approved by an entity other than the Vendor, the Vendor will provide the City with timely notice of readiness for such inspection, testing, or approval. The Vendor will furnish the City with all required certificates of inspection, testing, or approval. All inspections and tests will be performed in accordance with the methods prescribed by the American Society for Testing and Materials (ASTM) or such other applicable organization as required by law or the Contract Documents. If any Work requiring inspection, testing, or approval is covered without City approval, the Vendor will, upon request by the City, uncover such Work for observation at the Vendor’s expense. Unless otherwise provided in the Contract Documents, the cost of all required inspections, tests, and approvals will be borne by the Vendor.
The City of Zephyrhills will be permitted to inspect all Work, materials, payroll records, personnel records, material invoices, and any other data or records relevant to the performance of the Contract.
The Vendor agrees to the use and occupancy of a portion or unit of the Project prior to formal acceptance by the City, provided that the City meets the following conditions:
Upon completion of the Work, the Project Manager will inspect the Project to verify compliance with the plans and specifications contained in the Contract Documents. Contract retainage of 5% will be released as part of final payment upon completion of all punch list items.
Neither the final certificate of payment, nor any provision in the Contract Documents, nor partial or full occupancy of the premises by the City will constitute acceptance of Work not performed in accordance with the Contract Documents, or relieve the Vendor of liability for any express warranties or responsibility for defective materials or workmanship. The Vendor will remedy any defect in the Work and will pay for any damage to other Work resulting from such defect that appears within one year from the date of final acceptance of the Work, unless a longer warranty period is specified in the Contract Documents. The City will provide notice of observed defects within a reasonable time after discovery.
If the Work is defective, if the Vendor fails to supply sufficient skilled labor or suitable materials or equipment, or if the Vendor fails to make prompt payments to subcontractors for labor, materials, or equipment, the City may order the Vendor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The City’s right to stop the Work will not create any duty on the part of the City to exercise this right for the benefit of the Vendor or any other party.
For each consecutive calendar day that the Work remains incomplete after the date established for final completion, the Vendor will pay the City, and the City is authorized to retain from compensation otherwise due to the Vendor, the sum of $500.00 per day. This amount represents the minimum measure of damages the City will sustain due to the Vendor’s failure to complete remedial work, correct deficient Work, perform final cleanup, and complete all other tasks required to fully perform the Work specified in the Contract Documents. This amount is in addition to any liquidated damages prescribed elsewhere in the Contract Documents and will not be construed as a penalty.
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A certified, signed bid bond is REQUIRED.
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Project Identification Number: 2026-002
Project Name: Train Depot Museum Parking Lot Improvements
RFQ Deadline: Thursday, April 9, 2026, 9:00 am
The undersigned, hereby declares that no person or other persons other than the undersigned are interested in this ITB, as Principal, and this response to request for qualifications is made without collusion with others; and that we have carefully read and examined the specifications, and with full knowledge of all conditions under which the services herein is contemplated must be furnished, hereby proposed and agree to furnish this service according to the requirements set out in the specifications for said purchase and service.
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Upon review of this project’s plans and construction documents are you aware of any apparent errors or omissions?
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By clicking confirm the Authorized Signatory is certifying that this Response is made without prior understanding, agreement, connections with any corporation, firm or person submitting a Response for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to all conditions of this Bid/Proposal and certify that I am authorized to sign this Response for the company. In submitting a Response to the City of Zephyrhills, the Responder offers and agrees that if the Response is accepted, the Company will convey, sell, assign or transfer to the City of Zephyrhills all rights, title and interest in and all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Zephyrhills. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Company.
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Enter Present Office locations, City/State/Number of personnel for each.
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The Bidder hereby agrees that the City reserves the right to waive any bid and to reject any or all bids, or to accept any bid that in its judgment will be in the best interest of the City. The bidder’s signature understands and acknowledges the requirements set forth in this bid package.
The undersigned vendor, in accordance with Florida Statute 287.087, hereby certifies that the Firm does:
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
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By confirming, I, the duly authorized representative/agent of the firm I am representing for this bid hereinafter referred to as Successful Respondent, by this Affidavit attest to the following:
The Successful Respondent acknowledges that Section 274A of the Immigration and Nationalization Act and other relevant provisions of law prohibit the employment of unauthorized aliens; that the U.S. Department of Homeland Security has established an E-Verify System that allows employers to verify employee eligibility in an efficient manner; and that the Office of the Governor of the State of Florida has issued Executive Order 11-116, encouraging public agencies not under the control of the Governor to include as a provision of contracts for the provision of goods or services a requirement that contractors and subcontractors utilize the E-Verify System to verify employee eligibility. Successful Respondent hereby affirms and agrees that Successful Respondent is in compliance and shall at all times comply with Section 274A of the Immigration and Nationalization Act and other provisions of law with respect to the hiring of unauthorized aliens. Successful Respondent shall verify the eligibility of its current and prospective employees utilizing the U.S. Department of Homeland Security’s E-Verify System during the term of this Agreement. Successful Respondent shall include in all contracts with subcontractors related to this Agreement a provision requiring the subcontractor to comply with Section 274A of the Immigration and Nationalization Act and other provisions of law with respect to the hiring of unauthorized aliens and to verify the employment eligibility of all the subcontractor’s current and prospective employees using the U.S. Department of Homeland Security’s E-Verify System. The Successful Respondent shall maintain records showing its compliance with the requirements of this paragraph, and shall provide copies of all such records to the City upon request. Failure to comply with any requirement of this paragraph shall constitute a breach of this Agreement for which the City may immediately terminate the Contract without penalty. In the event of such breach or termination, the Successful Respondent shall be liable to the City for any costs incurred by the City as a result of the breach.
IN ACCORDANCE WITH § 837.06, FLA. STAT., SUCCESSFUL RESPONDENT ACKNOWLEDGES THAT WHOEVER KNOWINGLY MAKES A FALSE STATEMENT IN WRITING WITH THE INTENT TO MISLEAD A PUBLIC SERVANT IN THE PERFORMANCE OF HIS OR HER OFFICIAL DUTY SHALL BE GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE, PUNISHABLE AS PROVIDED IN § 775.082 OR § 775.083, FLA. STAT.
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The Contractor will comply with all the requirements imposed by the ADA (42 USC 12012. Et. Seq.) the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto.
Vendors shall permit State and Federal authorized representative(s) to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the Project. Notification to the City’s Project Manager will be made by the Vendor if such requests and access is provided.
The Contractor will comply with all requirements imposed by the Clean Air Act, codified as 42 U.S.C. 7401 et seq and the Federal Water Pollution Control Act (Clean Water Act) 33 U.S.C. 1251-1387, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto.
The Vendor certifies that the Project will be carried out in conformance with all applicable environmental regulations included in the securing of any applicable permits. The Vendor will be solely responsible for any liability in the event of non-compliance with the applicable environmental regulations, including the securing of any applicable permits, and will reimburse the State and/or Federal agency for any loss incurred in connection therewith.
No material prepared under this agreement shall be subject to copyright in the United States or any other country.
Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 2, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with State and/or Federal funds under this Project.
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As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase order for work or products under this award.
Vendor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex, or national origin. The Vendor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Vendor will comply with all requirements imposed by Title VI of the Civil Rights Act of 1964 (42 USC 2000d, et. Seq), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Vendor pursuant thereto.
The Vendor will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, (42 USC 3601, et seq.,) which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex and age.
The Vendor shall not permit a member or delegate to the Congress of the United States or the State of Florida Legislature, to any share or part of the Contract or any benefit arising therefrom.
The Vendor agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes for the compliance to conduct reviews and evaluations on financial; compliance, electronic data processing and performance audits of and preparation of audit reports of the findings.
40 CFR part 247, Section 6002 for Procurement of Recovered Materials states a non-federal entity that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal act, as amended by the Resource Conversation and Recovery Act.
“Material interest” means direct or indirect ownership of more than 5% of the total assets of capital stock of any business entity.
The Vendor shall not enter into any subcontract or arrangement in connection with the Project or any property included or planned to be included in the project, with any person or entity who was represented before the Vendor by any person who at the time during the immediately preceding two years was an officer, director or employee of the Vendor.
The Contractor will comply with all requirements imposed by FAR 85 FR 53126 Defense Department for the use of covered telecommunications equipment or services, or any equipment, system or service that uses covered telecommunications equipment or services. By confirmation of this regulation issued thereunder, and the assurance by the Contractor pursuant thereto.
The City, State and/or Federal agency shall not be obligated or liable hereunder to any party other than the agency in regards to this Project.
In no event shall the making any payment to the Vendor via the City constitute or be construed as a waiver by the State and/or Federal agency of any breach of covenant or any default which may then exist, on the part of the Vendor, and the making of such payment by the City while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the State and/or Federal agency with respect to such breach or default.
If any provision of this agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law.
Is this a Construction Bid
Does this require Builder's Risk Coverage?
Q (Budget): Is there an estimated budget for this project?
A: The City has an estimated budget for this project. However, the specific amount will not be disclosed as part of this solicitation. The City encourages bidders to submit their most competitive and responsible pricing based on the scope of work and construction plans provided in the ITB documents.
Q (Work): Please advise if bidders are expected to self perform work?
A: No. Bidders are not required to self-perform all work. Vendors may utilize subcontractors as part of their project team. As noted in the OpenGov questionnaire, bidders must respond to Question 16: “Will you be using subcontractors/consultants?” If “Yes” is selected, bidders are required to complete and upload the Firm Data Sheet – Subcontractors identifying the subcontractors and services to be provided
Q (Time): Please advise if there is an expected time/days to complete construction.
A: Yes. As stated in Section 6.4 – Schedule of the solicitation, the project shall be completed within ninety (90) calendar days from the date of the Notice to Proceed. Bidders should plan their work accordingly and include sufficient time for permitting, material procurement, inspections, and coordination necessary to meet this anticipated timeline.
Q (SWFWMD PERMITS / RAILROAD ROW PERMITS / ZEPHYRHILLS PERMITS): Will any SWFWMD permits be required pertaining to offsite water discharge from the proposed pond weir structure to the CSX ROW? What type of Zephyrhills permits will be required for this project? Do bidders need to possess their Florida General Contractor and / or Underground Utility Contractor License to be eligible for submitting a proposal on the project as defined Florida Statute 489.105(3)(a) & (n)?
A: The City of Zephyrhills has coordinated the necessary project permitting associated with the design reflected in the construction plans. The solicitation does not require bidders to submit contractor license documentation as part of the bid response. However, the contractor performing the work must comply with all applicable State of Florida and local licensing requirements and obtain any permits necessary to perform the work in accordance with applicable laws and regulations.
Q (existing pond flume and pad): Will the existing concrete flume and pad within the existing pond be removed/demoed or remain?
A: The construction plans include the installation of a new concrete flume as part of the drainage improvements. The plans do not identify demolition of an existing concrete flume or pad within the pond area. Bidders should base their proposals on the work shown in the construction plans and the fee schedule listed on OpenGov. Any work not specifically identified in the plans will be addressed by the City during construction.
Q (Train depot museum closed): Will either the 2 story and/or the 1 story train depot museum buildings remain open during construction? If they are to remain open, what is the contractor's responsibility for public/pedestrian and vehicular access?
A: The operational status of the Train Depot Museum buildings during construction has not yet been finalized. The City of Zephyrhills will coordinate operational considerations with the successful contractor prior to construction. Contractors should assume that safe public, pedestrian, and vehicular access to adjacent facilities may need to be maintained during construction and should plan their work accordingly in accordance with the requirements outlined in the solicitation documents.
Q (handicap signs and marking): the bid schedule includes solid white 6" pavement markings line item #18 but does not include a line item for handicap signage and handicap markings?
A: Bidders should base their proposals on the fee schedule provided in OpenGov. Pavement markings associated with ADA parking spaces should be included under Line Item 18 – Painted Pavement Markings, Standard Solid White 6", as applicable.
Q (Geoweb Slope Stabilization): What is the Geoweb material thickness for the area requiring slope stabilization? The plans and detail do not give that info.
A: The required Geoweb material thickness for the slope stabilization area shall be 4 inches in depth.
Q (type D curb unit of measure line item 16): D curbs are typically measured in linear feet not square feet, if we are to estimate in square feet, is that by the vertical face of the curb or the horizontal face or top of curb?
A: The unit of measure for Type D Curb in the fee schedule is hereby revised from square feet (SF) to linear feet (LF). The estimated quantity shall be measured and bid in linear feet (LF).
Q (Bond): I see that a 5% bid bond is required. What about the payment and performance bond? What percentage is required?
A: If awarded the contract, the Vendor will execute the agreement and furnish a Payment and Performance Bond in the amount of 100% of the contract price within 10 days of the Notice of Award.
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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