CITY HALL PARKING GARAGE REPAIRS

SECTION I
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
1. GENERAL INFORMATION
These documents constitute the complete set of specification requirements and bid forms. All
bid sheets and attachments must be executed and submitted in a sealed envelope. DO NOT
INCLUDE MORE THAN ONE BID PER ENVELOPE (CLEARLY MARK BID AS
"ORIGINAL" AND REQUESTED NUMBER OF COPIES AS "COPY" ON EACH SET
ENCLOSED). The face to the envelope shall contain Bidder's name, return address, the date
and time of bid opening, the bid number and title. Bids not submitted on the enclosed Bid
Form shall be rejected. By submitting a bid, the Bidder agrees to be subject to all terms and
conditions specified herein. No exceptions to the terms and conditions shall be allowed.
Bidders shall submit two (2) complete sets (one [1] original and one [1] electronic copy (PDF)
on a Flash Drive) of their bid complete with all supporting documentation. SUBMITTAL OF A
BID IN RESPONSE TO THIS INVITATION TO BID CONSTITUTES AN OFFER BY THE
BIDDER. Bids, which do not comply with the requirements, may be rejected at the option of
the City.
2. DELAYS
The City, at its sole discretion, may delay the scheduled due dates indicated above if it is to
the advantage of the City to do so. The City will notify bidders of all changes in scheduled
due dates by written addendum.
3. EXECUTION OF BID
Bid must contain a manual signature, in ink, of an authorized representative who has
the legal ability to bind the Bidder in contractual obligations in the space provided on
Page 1 of Bidder/Proposal Acknowledgment and on the Bid Response Form. FAILURE
TO PROPERLY SIGN THE BID SHALL INVALIDATE SAME, AND IT SHALL NOT BE
CONSIDERED FOR AN AWARD. Bids must be typed or legibly printed in ink. All corrections
made by Bidder to any part of the bid document must be initialed in ink. The original bid
conditions and specifications cannot be changed or altered in any way. Altered bids will not
be considered. Clarification of bids submitted shall be in letter form, signed by bidders and
attached to the bid.
4. NO BID
If not submitting a bid, respond by returning only the Bidder acknowledgment form, marking
it "No Bid," and give the reason in the space provided.
5. BID OPENING
Shall be public, at the address, date, and time specified on the bidder Acknowledgment
form. The bid time must be and shall be scrupulously observed. Under no circumstances
shall bids delivered after the time specified be considered; such bids will be returned
unopened. The City will not be responsible for late deliveries or delayed mail. The
time/date stamp clock located in the Purchasing Department shall serve as the official
authority to determine lateness of any bid. It is the Bidders sole responsibility to assure
that his/her bid is complete and delivered at the proper time and place of the bid opening.
Bids, which for any reason are not so delivered, will not be considered. Offers by facsimile,
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telegram, or telephone are not acceptable. A bid may NOT be altered by the Bidder after
opening of the bids. Bid tabulations will be furnished on the City's web site:
https://www.cityoffortpierce.com and Demandstar https://www.demandstar.com .
6. TAXES
The City is exempt from Federal Excise and State Sales Taxes on direct purchases of
tangible personal property. The City exemption number is on the face of the Purchase Order.
If requested, the Purchasing Director will provide an exemption certificate to the awarded
Bidder. Vendors or contractors doing business with the City shall not be exempt from paying
sales tax to their suppliers for materials to fulfill contractual obligations with the City Tax
Exemption Number in securing such materials. This exemption does not apply to
purchases of tangible personal property in the performance of contracts for the City.
7. DISCOUNTS
Cash discounts for prompt payment shall not be considered in determining the lowest net cost
for bid evaluation purposes.
8. MISTAKES
a. Bidders are expected to examine the specifications, delivery schedule, bid prices,
extensions and all instructions pertaining to supplies and services. FAILURE TO DO
SO WILL BE AT BIDDER'S RISK. In the event of extension error(s), the unit price
will prevail and the Bidder's total offer will be corrected accordingly.
b. Written amounts shall take precedence over numerical amounts. In the event of
addition error(s), the unit price and extension thereof will prevail and the Bidder's total
offer will be corrected accordingly. Bids having erasures or corrections must be
initialed in ink by the Bidder.
9. INVOICING AND PAYMENT
Payment for any and all invoice(s) that may arise as a result of a contract or purchase order
issued pursuant to this bid specification shall minimally meet the following conditions to be
considered as a valid payment request:
a. A timely submission of a properly certified invoice(s), in strict accordance with the
price(s) and delivery elements as stipulated in the contract or purchase order
document, are to be submitted to the Engineering Department's Project Manager at
the address as stipulated on the Purchase Order.
b. All invoices submitted shall consist of an original and one (1) copy; clearly reference
the subject contract or purchase order number; provide a sufficient salient description
to identify goods or service for which payment is requested; contain date of delivery;
bid number, original or legible copy of signed delivery receipt including both a manual
signature and printed name of a designated City employee or authorized agent; be
clearly marked as "partial", "complete", or "final" invoice. The City will accept partial
deliveries unless otherwise specified into contract or purchase order document.
c. The invoice shall contain the Bidder's Federal Employer Identification Number
(F.E.I.N.).
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10. DELIVERY
Unless actual date is specified (or if specified delivery cannot be met), show number of
days required to make delivery after receipt of purchase order or contract in space
provided. Delivery time may be the basis for making of award. Delivery shall be during
the normal working hours of the user department, Monday through Friday, unless
otherwise specified and incorporated into contract or purchase order document. Delivery
shall be to the location specified in the bid specifications.
11. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the bid response shall be evaluated or
considered. Any and all such additional terms and conditions shall have no force and effect
and are inapplicable to this bid if submitted either purposely through intent or design, or
inadvertently appearing separately in transmittal letters, specifications, literature, price lists
or warranties. It is understood and agreed that the general and/or any special conditions
in these Bid Documents are the only conditions applicable to this bid and the Bidder's
authorized signature on the Bid Form attests to this.
12. INTERPRETATION
All Bidders shall carefully examine the Bid Documents. Any ambiguities or inconsistencies
shall be brought to the attention of the City in writing prior to the opening of Bids; failure to
do so, on the part of the bidder, will constitute an acceptance by the Bidder of any
subsequent decision. Any questions concerning the intent, meaning, and interpretation of
the Bid Documents shall be requested in writing, and received by the City at least seven
(7) days prior to the Bid Opening. Inquiries shall be addressed to the attention of the
Contact person as indicated on Page 1. No person is authorized to give oral interpretations
of, or make oral changes to, the bid. Therefore, oral statements given before the bid
opening will not be binding. Any interpretation of or changes to the bid will be made in the
form of a written Addendum to the bid and will be furnished to all Bidders. Receipt of all
addenda shall be acknowledged by the Bidders by signing and enclosing said addenda
with their bid.
The City will record its responses to inquiries and any supplemental instructions in the form
of a written addendum. The City will send a written addendum to all Bidders who requested
a bid directly from the City Purchasing Department. All proposers should contact the City
at least seven (7) calendar days before the bid opening date to ascertain whether any
addendums have been issued. Failure to do so could result in rejection of the bid as
unresponsive. The City shall not be responsible for providing said addendum to proposers
who receive bid packages from other sources.
13. ADDENDUM
Should revisions to the Bid Documents become necessary, the City will provide a written
addendum to all proposers who received a bid package from the City's Purchasing
Department. Bidders who obtain Bid Documents from other sources must officially register
with the City's Purchasing Department in order to be placed on the mailing list for any
forthcoming addendum or their official communications. Failure to register as a
prospective Bidder may cause your bid to be rejected as non-responsive if you have failed
to submit a bid without an addendum acknowledgment for the most current addendum.
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Previous addenda are deemed received when a subsequent addendum is acknowledged.
It is the Bidder's responsibility to contact the City in the event that a previous addendum is
not received. Latest addendum shall be signed and returned with the bid as
acknowledgment of addendum.
14. DISPUTES
Any Bidder who disputes the bid selection or contract award recommendation shall file
such dispute according to the bid protest procedures. These procedures are available
upon request from the City.
15. CONFLICT OF INTEREST
All bidders must disclose with their bid the name of any officer, director, or agent who is
also an employee of the City. All Bidders must disclose the name of any City employee
who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder's firm
or any of its branches.
16. LEGAL REQUIREMENTS
Bidders are required to comply with all provisions of Federal, State, County and local laws
and ordinances, rules and regulations, that are applicable to the items being bid. Lack of
knowledge by the bidder shall in no way be a cause for relief from responsibility or
constitute a cognizable defense against the legal effect thereof.
17. DRUG-FREE WORK PLACE (DFW)
Preference shall be given to business with Drug-Free Workplace (DFW) Programs.
Whenever two or more bids which are equal with respect to price, quality, and service are
received by the City for the procurement of commodities or contractual services, a bid
received from a business that completes the attached DFW form certifying that it is a DFW
shall be given preference in the award process.
18. PUBLIC ENTITY CRIMES
No award will be executed with any person or affiliate identified on the Department of
Management Services "convicted vendor" list. This list is defined as consisting of persons
and affiliates who are disqualified from public contracting and purchasing process because
they have been found guilty of a public entity crime. No public entity shall award any
contract to, or transact any business in excess of the threshold amount provided in Section
287.017, Florida Statutes for Category Two (currently $10,000.00) with any person or
affiliated on the "convicted vendor" list for a period of thirty-six (36) months from the date
that person or affiliate was placed on the "convicted vendor" list unless that person or
affiliate has been removed from the list pursuant to Section 287.133(3)(f) Florida Statutes.
19. AWARD
As the best interest of the City may require, the right is reserved to make award(s) by
individual item, group of items, "All or None", or a combination thereof; with one or more
suppliers; to reject any or all bids or waive any minor irregularity or technicality in bids
received, and may, at its sole discretion, request a rebid. Bidders are cautioned to make
no assumption until the City has entered into a contract or issued a purchase order.
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20. EEO STATEMENT
The City is committed to assuring equal opportunity in the award of contracts and therefore
complies with all laws prohibiting discrimination based on race, color, religion, national
origin, age or sex.
21. CONTRACTUAL AGREEMENT
The terms, conditions, and provisions in this Invitation to Bid shall be included and
incorporated in any final contract or purchase order. The order of precedence will be Bid
Document and response, purchase order or contract, and general law. All legal action
necessary to enforce a contract or purchase order will be interpreted according to the laws
of Florida. The venue shall be Fort Pierce, Florida.
22. GOVERNMENTAL RESTRICTION
In the event that any governmental restrictions are imposed which would necessitate
alteration of the material quality, Workmanship or performance of the items offered on this
bid prior to their delivery, it shall be the responsibility of the Bidder to notify the Purchasing
Department at once, indicating in his/her letter the specific regulation which required an
alteration, including any price adjustments occasioned thereby. The City reserves the right
to accept such alteration or to cancel the contract or purchase order at no further expense
to the City.
23. PATENTS AND ROYALTIES
The Bidder, without exemption, shall indemnify and save harmless, the City, its employees
and/or any of its Commission/Board from liability of any nature or kind, including cost and
expenses for or on account of any copyrighted, patented, or unpatented invention, process,
or item manufactured by the Bidder. Further, if such claim is made, or is pending, the
Bidder may, at its option and expense, procure for the City the right to use, replace or
modify the item to render it non-infringing. If none of the alternatives are reasonably
available, the City agrees to return the article on request to the Bidder and receive
reimbursement. If the Bidder used any design, device, or materials covered by letters,
patent or copyright, it is mutually agreed and understood, without exception, that the bid
prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the Work.
24. ADVERTISING
In submitting a bid, Bidder agrees not to use the results therefrom as a part of any
commercial advertising, without express written approval, by the appropriate level of
authority within the City.
25. ASSIGNMENT
Any purchase order or contract issued pursuant to this Invitation to Bid and the monies
which may become due hereunder are not assignable except with the prior written approval
of the City, through the Purchasing Department.
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26. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
Bidder certifies that all material, equipment, etc., contained in his/her bid meets all
applicable O.S.H.A. requirements. Bidder further certifies that, if he/she is the successful
Bidder, and the material, equipment, etc., delivered is subsequently found to be defective
in applicable O.S.H.A. requirement in effect on the date of delivery, all costs necessary to
comply with the requirements shall be borne by the Bidder.
27. FACILITIES
The City reserves the right to inspect the Bidder's facilities at any reasonable time, during
normal Working hours, with prior notice to determine that Bidder has a bona fide place of
business and is a responsible Bidder.
28. REPRESENTATION
A Bidder must have at the time of bid opening, be a fully authorized agent or representative
of the product bid and be capable of producing or providing the items bid and so certify
upon request.
29. DISQUALIFICATION OF BIDDER
Any of the following reasons may be considered as sufficient for the disqualification of a
respondent and the rejection of its bid/proposal:
More than one bid from an individual, firm, partnership, corporation, or association under
the same or different names will not be considered. Reasonable grounds for believing
that a Bidder is involved in more than one bid submittal will be cause for rejection of all
bids in which such Bidders are believed to be involved. Any or all bids will be rejected if
there is reason to believe that collusion exists between Bidders bids in which the prices
obviously are unbalanced and will be subject to rejection.
Failure to pay or satisfactorily settle all bills due for labor and material on former contracts
in force at the time of advertisement of proposals. Default under previous contract.
Listing of the respondent by any Local, State or Federal Government on its
barred/suspended vendor list.
30. ADJUSTMENTS/CHANGES/DEVIATIONS
No adjustments, changes or deviations shall be accepted on any item unless conditions or
specifications of a bid expressly provide. Any other adjustments, changes or deviations
shall require prior written approval and shall be binding ONLY if issued by the City's
Purchasing Department. The Bidder shall bear sole responsibility for any and all costs of
claims arising from any adjustments, changes or deviations not properly executed as
required herein.
31. INSURANCE
The awarded Bidder(s) shall maintain insurance coverage reflecting the minimum amounts
and conditions specified in the attached specifications or the Special Terms and
Conditions. In the event the proposer is a governmental entity or a self-insured
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organization, different requirements may apply. Misrepresentation of any material fact,
whether intentional or not, regarding the Bidder's insurance coverage, policies or
capabilities may be grounds for rejection of the bid and rescission of any ensuing contract.
32. PUBLIC RECORDS
Sealed bids, proposals, or replies received by an agency pursuant to a competitive
solicitation are exempt from 119.07(1) and s. 24(a), Art. I of the State Constitution until
such time as the agency provides notice of an intended decision or until 30 days after
opening the bids, proposals, or final replies, whichever is earlier.
33. BID PREPARATION COSTS
Neither the City nor its representatives shall be liable for any expenses incurred in
connection with preparation of a response to this Invitation to Bid. Bidders should prepare
their bids simply and economically, providing all information and prices as required.
34. COOPERATIVE PURCHASING
Any governmental purchasing authority may participate in this purchase for services and
commodities from this successful award.
36. CANCELLATION/REJECTION OF BID
This request may be cancelled and any response, bid or proposal may be rejected in whole
or in part at any time for good cause when in the best interest of the City of Fort Pierce. The
City reserves the rights pursuant to Section 2-439 (a)(7) of the City Code to accept all or
any part of the submittal and to increase or decrease quantities to meet additional or reduced
requirements of the City. Any sole response received by the submission date may or may
not be rejected by the City depending on the available competition and the current needs of
the CITY. Reasons for rejection shall be provided upon request by unsuccessful bidders or
offerors.
37. REGISTRATION WITH THE FLORIDA DEPARTMENT OF STATE
In accordance with Florida Statute 607.0505, each corporation, foreign corporation, or alien
business organization that transacts business in this state shall have and continuously
maintain in this state a registered office and a registered agent and shall file with the
Department of State. The awarded Bidder shall be registered with the Florida Department
of State, Division of Corporations.
38. ADDITIONAL RESERVED RIGHTS
a. To be responsive, a bidder shall submit qualifications which conform in all material
respects to the requirements set forth in the bid/proposal document. To be a
responsible bidder, the bidder shall have the capability in all respects to fulfil fully the
contract requirements, and the tenacity, perseverance, experience, integrity, reliability,
capacity, facilities, equipment, and credit which will assure good faith performance. The
City reserves the right to conduct such an investigation, as it deems necessary to
determine the ability of any bidder to deliver the goods or service requested. This
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