Buoy Road Stormwater

INVITATION TO BID
ITB C27-PW-01
Buoy Road Stormwater
Village of North Palm Beach
501 US Highway One
North Palm Beach, Florida 33408-4906
October 8, 2026

Village of North Palm Beach
INVITATION TO BID ITB
C27-PW-01
Buoy Road Stormwater
The Village of North Palm Beach is seeking Bids from qualified selected firms for the construction
of paving, drainage, and utility improvements to Buoy Road in the Village of North Palm Beach,
Florida, from Lighthouse Drive to Cruiser Road South.
Bid documents are available on the Village of North Palm Beach website at
http://www.village-npb.org/bids.aspx, www.demandstar.com, or by contacting the Village
Purchasing Office at (561) 904-2124.
Sealed Bids must be clearly marked "ITB C27-PW-01, Buoy Road Stormwater" and delivered to
the Village Clerk at 501 US Highway One, North Palm Beach, Florida, 33408. The deadline for
submission of bids is Tuesday, November 10, 2026 at 3:00 p.m. local time. At that time, the Bids
will be publicly opened in the Conference Room at Village Hall, located at 501 U.S. Highway
One, North Palm Beach, Florida 33408. The name of each Bidder and its Bid price will be read
aloud. The Bid opening is open to the public. Bids submitted after the established deadline will not
be accepted and will be returned to the sender unopened.
A mandatory pre-bid meeting is scheduled for Thursday, October 15, 2026 at 9:30 a.m. The
meeting will be in the Conference Room at the Village Hall located at 501 US Highway One, North
Palm Beach, FL 33408. During this meeting potential bidders will have the opportunity to ask
questions and walk the site. Failure to attend this meeting may result in rejection of your bid
proposal.
It is the responsibility of the Bidder to ensure all pages are included in the submission. All Bidders
are advised to closely examine the Bid documents. Any questions regarding the substance of the
Invitation to Bid documents or the scope of services must be submitted in writing via email to
Michael Schneider, Purchasing Coordinator, MSchneider@village-npb.org. All questions must be
submitted by Friday, October 30, 2026 at 3:00 p.m. Questions received after this time will not be
responded to.
The Village reserves the right to accept or reject any or all Bids, in whole or in part, with or without
cause, to waive any irregularities and/or technicalities, and to select the Bidder that it deems will
best serve the interests of the Village.
VILLAGE OF NORTH PALM BEACH, FLORIDA
Chuck Huff, Village Manager
Publish: Palm Beach County Legal Notices Website
Date: October 8, 2026
Publish: Demand Star
Date: October 8, 2026
Publish: Village of NPB Website
Date: October 8, 2026

TABLE OF CONTENTS
SECTION PAGE
1. General Terms and Conditions 4
2. Special Terms and Conditions 12
3. Technical Specifications, Statement of Work, or Scope of Services 18
4. Company Summary Information and Pricing Schedule 20
5. Bid Form 21
6. Acknowledgement of Addenda 23
7. Signature Page 24
8. Affidavits 25
9. Plans 39
10. Solicitation Summary 55
(MUST BE INCLUDED AS A HARD-COPY IN THE BID PACKAGE)

Village of North Palm Beach
ITB C27-PW-01
Advertisement Date - October 8, 2026
SECTION 1
GENERAL TERMS AND CONDITIONS
1.1 DEFINITIONS
a. Bid: any offer(s) submitted in response to an Invitation to Bid. required to submit with its Bid a signed "Acknowledgment of
Addenda" form when any addenda have been issued.
b. Bidder: person or firm submitting a Bid in response to an
Invitation to Bid. 1.4 LEGAL REQUIREMENTS
This Solicitation is subject to all legal requirements contained
c. Bid Solicitation, Solicitation, or Invitation to Bid: this in the applicable Village Ordinances and Resolutions, as well
Solicitation documentation, including any and all addenda. as all applicable local, State, and Federal laws and
regulations.
d. Bid Submittal Form: describes the goods or services to be
purchased, and must be completed and submitted with the 1.5 CHANGE OF BID
Bid. Prior to the scheduled Bid opening, a Bidder may change its
Bid by submitting a new Bid (as indicated on the cover page)
e. Village: shall refer to the Village of North Palm Beach, Florida. with a letter on the firm's letterhead, signed by an authorized
agent stating that the new submittal replaces the original
f. Contract or Agreement: The Invitation to Bid, all addenda submittal. The new submittal shall contain the letter and all
issued thereto, all affidavits, the signed agreement, and all information as required for submitting the original Bid. No
related documents which comprise the totality of the Contract changes to a Bid will be accepted after the Bid has been
or agreement between the Village and the Bidder. opened.
g. Contractor: successful Bidder or Bidder who is awarded a 1.6 WITHDRAWAL OF BID
Contract to provide goods or services to the Village. A Bid shall be irrevocable unless the Bid is withdrawn as
h. Public Works Department: The Public Works Department of provided herein. Only a written letter received by the Public
the Village of North Palm Beach, Florida. Works Department prior to the Bid opening date may
withdraw a Bid.
i. Responsible Bidder: A Bidder which has the capability in all
respects to perform in full the Contract requirements, as 1.7 CONFLICTS WITHIN THE BID SOLICITATION
stated in the Invitation to Bid, and the integrity and reliability Where there appears to be a conflict between the General
that will assure good-faith performance. Terms and Conditions, Special Terms and Conditions, the
Technical Specifications, the Bid Submittal Form, or any
j. Responsive Bidder: A Bidder whose Bid conforms in all addendum issued, the order of precedence shall be: the last
material respects to the terms and conditions included in the addendum issued, the Bid Submittal Form, the Technical
Invitation to Bid. Specifications, the Special Terms and Conditions, and then
the General Terms and Conditions.
1.2 CONE OF SILENCE
This Invitation to Bid is subject to the "Cone of Silence" 1.8 PROMPT PAYMENT TERMS
provisions of Section 2-355 of the Palm Beach County Code of It is the policy of the Village of North Palm Beach that payment
Ordinances. This limits and requires documentation of for all purchases by Village departments shall be made in a
communications between potential Bidders and/or Bidders on timely manner. The Village will pay the awarded Bidder upon
Village Solicitations, the Village's professional staff, and the receipt and acceptance of the goods or services by a duly
Village Council members. authorized representative of the Village. In accordance with
Section 218.74, Florida Statutes, the time at which payment
1.3 ADDENDUM shall be due from the Village shall be forty-five (45) days from
The Public Works Department may issue an addendum in receipt of a proper invoice. Proceedings to resolve disputes
response to any inquiry received, prior to the close of the for payment of obligations shall be concluded by final written
Solicitation period, which changes, adds, or clarifies the terms, decision of the Village Manager or designee, not later than
provisions, or requirements of the Solicitation. The Bidder sixty (60) days after the date on which the proper invoice was
should not rely on any representation, statement, or received by the Village.
explanation, whether written or verbal, other than those
made in the Solicitation document or in the addenda issued. 1.9 DISCOUNTS (PROMPT PAYMENTS)
Where there appears to be a conflict between the Solicitation Discounts will not be applicable to this contract.
and any addenda, the last addendum issued shall prevail. It is
the vendor's responsibility to ensure receipt of all addenda,
and any accompanying documentation. The vendor is
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Village of North Palm Beach
ITB C27-PW-01
Advertisement Date - October 8, 2026
1.10 PREPARATION OF BIDS d. The Bidder's performance as a prime Contractor or
a. The Bid forms define requirements of items to be subcontractor on previous Village Contracts may be
purchased, and must be completed and submitted with taken into account in evaluating the Bid received for this
the Bid. Use of any other forms may result in the rejection Bid Solicitation.
of the Bidder's offer. The Bid submittal forms must be
legible. Bidders shall use typewriter, computer, or ink. All e. The Village will provide a copy of the Bid Tabulation to all
changes must be crossed out and initialed in ink. Failure Bidders responding to this Solicitation.
to comply with these requirements may cause the Bid to
be rejected. f. The Bid Solicitation, any addenda and/or properly
executed modifications, the signed Agreement, the
b. An authorized agent of the Bidder's firm must sign the purchase order, and any change order(s) shall constitute
Bid submittal form. Failure to sign the Signature Page the Contract.
of the Bid shall render the Bid non-responsive.
g. The Public Works Director will decide all tie Bids.
c. The Bidder may be considered non-responsive if Bids are
conditioned upon modifications, changes, or revisions to h. Award of this Bid may be predicated on compliance with
the terms and conditions of this Solicitation. and submittal of all required documents as stipulated in
the Bid Solicitation.
d. The Bidder may submit alternate Bid(s) for the same
Solicitation provided that such offer is allowable under i. The Village reserves the right to request and evaluate
the terms and conditions. The alternate Bid must meet additional information from any Bidder after the
or exceed the minimum requirements and be submitted submission deadline as the Village deems necessary.
as a separate Bid submittal marked "Alternate Bid".
1.13 CONTRACT EXTENSION
e. When there is a discrepancy between the unit prices and Contract extensions will not be applicable to this contract.
any extended prices, the unit prices will prevail.
1.14 WARRANTY
f. Late Bids will not be accepted and will be returned to the All warranties express and implied shall be made available to
sender unopened. It is the Bidder's responsibility to the Village for goods and services covered by this Bid
ensure timely delivery by the due date and time, and at Solicitation. All goods furnished shall be fully guaranteed by
the place stated in this Solicitation. No exceptions will be the awarded Bidder against factory defects and
made due to weather, carrier, traffic, illness, or other workmanship. At no expense to the Village, the awarded
issues. Bidder shall correct any and all apparent and latent defects
that may occur within the manufacturer's standard warranty.
1.11 CANCELLATION OF BID SOLICITATION
The Village of North Palm Beach reserves the right to cancel, 1.15 ESTIMATED QUANTITIES
in whole or in part, any Invitation to Bid when, at the sole Estimated quantities or dollars are for Bidder's guidance only:
discretion of the Village, it is in the best interest of the Village. (a) estimates are based on the Village's anticipated needs
and/or usage; and (b) the Village may use these estimates to
1.12 AWARD OF CONTRACT determine the low Bidder. No guarantee is expressed or
a. The Contract may be awarded to the responsive and implied as to quantities or dollars that will be used during the
responsible Bidder meeting all requirements as set forth Contract period. The Village is not obligated to place any
in the Solicitation. The Village reserves the right to reject order for the given amount subsequent to the award of this
any and all Bids, to waive irregularities or technicalities, Bid Solicitation.
and to re-advertise for all or any part of this Bid
Solicitation as deemed in its best interest. The Village 1.16 NON-EXCLUSIVITY
shall be the sole judge of its best interest. It is the intent of the Village to enter into an agreement with
the awarded Bidder that will satisfy its needs as described
b. The Village reserves the right to reject any and all Bids if herein. However, the Village reserves the right as deemed in
it is determined that prices are excessive, best offers are its best interest to perform, or cause to be performed, the
determined to be unreasonable, or it is otherwise work and services, or any portion thereof, herein described in
determined by the Village, at the sole discretion of the any manner it sees fit, including but not limited to, award of
Village, to be in the Village's best interest to do so. other Contracts, use of any Contractor, or perform the work
with its own employees.
c. The Village reserves the right to negotiate prices with the
responsive and responsible low Bidder, provided that
the scope of work of this Solicitation remains the same.
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Village of North Palm Beach
ITB C27-PW-01
Advertisement Date - October 8, 2026
1.17 CONTINUATION OF WORK Village or its officers, employees, agents, or instrumentalities
Any work that commences prior to and will extend beyond the may incur as a result of claims, demands, suits, causes of
expiration date of the current Contract period shall, unless actions, or proceedings of any kind or nature arising out of,
terminated by mutual written agreement between the Village relating to, or resulting from the performance of the
and the successful Bidder, continue until completion at the agreement by the awarded Bidder or its employees, agents,
same prices, terms, and conditions. servants, partners, principals, or subcontractors. The
awarded Bidder shall pay all claims and losses in connection
1.18 LAWS AND REGULATIONS therewith, and shall investigate and defend all claims, suits,
The awarded Bidder shall comply with all laws and regulations or actions of any kind or nature in the name of the Village,
applicable to provide the goods or services specified in this Bid where applicable, including appellate proceedings, and shall
Solicitation. The Bidder shall be familiar with all federal, state, pay all costs, judgments, and attorney's fees which may be
and local laws that may affect the goods and/or services incurred thereon. The awarded Bidder expressly understands
offered. and agrees that any insurance protection required by this
Contract agreement or otherwise provided by the awarded
1.19 LICENSES, PERMITS AND FEES Bidder shall in no way limit the responsibility to indemnify,
The awarded Bidder shall hold all licenses and/or keep and save harmless, and defend the Village or its elected
certifications, obtain, and pay for all permits and/or officials, officers, employees, agents, and instrumentalities as
inspections, and comply with all laws, ordinances, regulations, herein provided.
and building code requirements applicable to the work
required herein. Damages, penalties, and/or fines imposed on 1.24 COLLUSION
the Village or an awarded Bidder for failure to obtain and A Bidder recommended for award as the result of a
maintain required licenses, certifications, permits, and/or competitive Solicitation for any Village purchases of supplies,
inspections shall be borne by the awarded Bidder. The Village materials, and services (including professional services, other
will reimburse the awarded Bidder all required permit fees. than professional architectural, engineering, and other
services subject to Sec. 287.055 Florida Stats.), purchase,
1.20 SUBCONTRACTING lease, permit, concession, or management agreement shall,
Unless otherwise specified in this Bid Solicitation, the within five (5) business days of the filing of such
successful Bidder shall not subcontract any portion of the recommendation, submit an affidavit under the penalty of
work without the prior written consent of the Village. The perjury, on a form provided by the Village, stating either that
ability to subcontract may be further limited by the Special the Bidder is not related to any of the other parties Bidding in
Conditions. Subcontracting without the prior consent of the the competitive Solicitation or identifying all related parties,
Village may result in termination of the Contract for default. as defined in this Section, which Bid in the Solicitation; and
attesting that the Bidder's Bid is genuine and not a sham or
1.21 ASSIGNMENT collusive or made in the interest or on behalf of any person not
The awarded Bidder shall not assign, transfer, hypothecate, or therein named, and that the Bidder has not, directly or
otherwise dispose of this Contract, including any rights, title, indirectly, induced or solicited any other Bidder to put in a
or interest therein, or its power to execute such Contract to sham Bid, or any other person, firm, or corporation to refrain
any person, company, or corporation without the prior written from proposing, and that the Bidder has not in any manner
consent of the Village. Assignment without the prior consent sought by collusion to secure to the Bidder an advantage over
of the Village may result in termination of the Contract for any other Bidder. In the event a recommended Bidder
default. identifies related parties in the competitive Solicitation its Bid
shall be presumed to be collusive and the recommended
1.22 RESPONSIBILITIES AS EMPLOYER Bidder shall be ineligible for award unless that presumption is
The employee(s) and agent(s) of the awarded Bidder shall be rebutted to the satisfaction of the Village. Any person or entity
considered to be at all times its employee(s and agent(s)), and that fails to submit the required affidavit shall be ineligible for
not an employee(s) or agent(s) of the Village or any of its Contract award.
departments. The awarded Bidder shall provide physically
competent employee(s) or agent(s) capable of performing the 1.25 MODIFICATION OF CONTRACT
work as required. The Village may require the awarded Bidder The Contract may be modified by mutual consent, in writing,
to remove any employee or agent it deems unacceptable. All through the issuance of a modification to the Contract, a
employees and agents of the awarded Bidder shall wear supplemental agreement, purchase order, or change order, as
proper identification. appropriate.
1.23 INDEMNIFICATION 1.25.1. Change Order Request (COR) Timeline: The Contractor
The awarded Bidder shall indemnify and hold harmless the shall not be entitled to any increase in the Contract Price or
Village and its officers, employees, agents, and extension of the Contract Time for any "Extra Work" unless a
instrumentalities from any and all liability, losses or damages, written Change Order Request (COR) is submitted to the
including attorney's fees and costs of defense, which the Owner within ten (10) calendar days of the occurrence of the
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Village of North Palm Beach
ITB C27-PW-01
Advertisement Date - October 8, 2026
event giving rise to the request. Failure to provide timely 1.26 TERMINATION FOR CONVENIENCE
written notice shall constitute an absolute waiver of any claim The Village, at its sole discretion, reserves the right to
for additional compensation or time. Each COR must be terminate any Contract entered into pursuant to this
submitted in a format acceptable to the Owner and include a Invitation to Bid (ITB) with or without cause immediately upon
detailed description of the work to be performed, itemized providing written notice to the awarded Bidder. Upon receipt
breakdowns of labor (by trade and man-hours), materials, of such notice, the awarded Bidder shall not incur any
equipment, and documented evidence that the work is outside additional costs under the Contract. The Village shall be liable
the original Scope of Services. only for reasonable costs incurred by the awarded Bidder prior
to the date of the notice of termination. The Village shall be
1.25.2. Compensation Limitations and Markup Limits: the sole judge of "reasonable costs."
Compensation for any approved Change Order shall be strictly
limited to actual costs incurred: 1.27 TERMINATION FOR DEFAULT
The Village reserves the right to terminate any Contract, in
1.25.2.1. Labor: Based on actual productive rate of wages part or in whole, or place the awarded Bidder on probation in
paid to employees (shown on certified payrolls). The the event the awarded Bidder fails to perform in accordance
Contractor may add a markup not to exceed 17.5% of total with the terms and conditions stated herein by providing
actual wages. This markup constitutes full compensation written notice of such failure or default and by specifying a
for all overhead, profit, bond, insurance (including workers' reasonable time period within which the awarded Bidder must
compensation), and social security taxes. cure any such failure to perform or default. The awarded
Bidders' failure to timely cure any default shall serve to
1.25.2.2. Materials: Actual cost to the Contractor for automatically terminate any Contract entered into pursuant
materials incorporated into the Work, including to this ITB. The Village further reserves the right to suspend
documented charges for delivery of those materials to the or debar the awarded Bidder in accordance with the
Project site. A markup not to exceed 10% for overhead appropriate Village ordinances, resolutions, and/or policies.
and profit may be applied. The vendor awarded Bidder will be notified by letter of the
Village's intent to terminate. In the event of termination for
1.25.2.3. Equipment: Based on standard Blue Book rental default, the Village may procure the required goods and/or
rates. No additional markup for overhead or profit shall be services from any source and use any method deemed in its
applied. best interest. All re-procurement costs shall be borne by the
incumbent Bidder.
1.25.2.4. Subcontracted Work: The Contractor's markup
for coordination and administrative overhead is limited to 1.28 FRAUD AND MISREPRESENTATION
5% of the Subcontractor's total cost (inclusive of the Any individual, corporation, or other entity that attempts to
Subcontractor's own markup). meet its Contractual obligations with the Village through
fraud, misrepresentation, or material misstatement, may be
debarred for up to five (5) years. The Village, as a further
1.25.3. Exclusion of Extra Costs: In no event shall the sanction, may terminate or cancel any other Contracts with
Contractor be entitled to compensation for home office such individual, corporation, or entity. Such individual or
overhead, general administrative expenses, loss of efficiency, entity shall be responsible for all direct or indirect costs
"impact" damages, or attorney's fees/costs associated with associated with termination or cancellation, including
COR preparation. attorney's fees.
1.25.4. Cost, Profit, and Deficit Accountability: The capped 1.29 ACCESS AND AUDIT OF RECORDS
markups defined in Section 1.25.2 represent the complete, The Village reserves the right to require the awarded Bidder
exhaustive accounting of the contractor's field management, to submit to an audit by an auditor of the Village's choosing
corporate operations, and project profit. Bidders are explicitly at the awarded Bidder's expense. The awarded Bidder shall
prohibited from billing these expenses as independent line provide access to all of its records, which relate directly or
items or establishing secondary contingency accounts. indirectly to this Agreement, at its place of business during
regular business hours. The awarded Bidder shall retain all
records pertaining to this Agreement, and upon request, make
them available to the Village for three (3) years following
expiration of the Agreement. The awarded Bidder agrees to
provide such assistance as may be necessary to facilitate the
review or audit by the Village to ensure compliance with
applicable accounting and financial standards.
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Village of North Palm Beach
ITB C27-PW-01
Advertisement Date - October 8, 2026
1.30 OFFICE OF THE INSPECTOR GENERAL
In accordance with Palm Beach County Ordinance No. 2011- 1.36 BINDING EFFECT AND NO THIRD-PARTY BENEFICIARIES
009, the Contract may be subject to investigation and/or audit All of the terms and provisions of this Contract, whether so
by the Palm Beach County Inspector General. Bidders should expressed or not, shall be binding upon, inure to the benefit
review Palm Beach County Ordinance No. 2011-009 in order of, and be enforceable by the parties and their respective legal
to be aware of their rights and/or obligations under such representatives, successors, and permitted assigns. Nothing in
ordinance and as applicable. the Contract shall be construed as giving any rights or benefits
to any third-party other than the Village and the awarded
1.31 PRE-AWARD INSPECTION Bidder.
The Village may conduct a pre-award inspection of the
Bidder's site or hold a pre-award qualification hearing to 1.37 ANNUAL APPROPRIATION
determine if the Bidder is capable of performing the The Village's obligation pursuant to any Contract or
requirements of this Bid Solicitation. agreement entered into in accordance with this Solicitation is
specifically contingent upon the lawful appropriation of funds.
1.32 PUBLIC RECORDS AND PROPERTY OF THE VILLAGE Failure to lawfully appropriate funds for any Contract or
Any material submitted in response to this Invitation to Bid agreement awarded shall result in automatic termination of
shall become a public record and shall be subject to public the Contract or agreement. A non-appropriation event shall
disclosure in accordance with the Florida Public Records Law not constitute a default or breach of said Contract or
(Chapter 119, Fla. Stat.), except as otherwise provided by agreement by the Village.
Chapter 119 or other applicable state or federal law. If a
Bidder contends that part of its Bid is not subject to disclosure, 1.38 GOVERNING LAW, VENUE, DISPUTES, AND REMEDIES.
the Bidder shall identify specifically any information contained This Contract and all transactions contemplated by this
in the Bid that the Bidder considers confidential or otherwise agreement shall be governed by and construed and enforced
exempt from disclosure, and the Bidder shall cite the specific in accordance with the laws of the State of Florida without
section of the law creating the exemption for such regard to any contrary conflicts of law principle. Venue of all
information. The Village reserves the right to make all proceedings in connection herewith shall lie exclusively in
determinations concerning the applicability of the Florida Palm Beach County, Florida, and each party hereby waives
Public Records Law to any record submitted in response to this whatever its respective rights may have been in the selection
ITB. of venue. The Village and Bidders knowingly, voluntarily and
intentionally waive any right they may have to trial by jury
All material submitted in response to this Solicitation becomes
with respect to any litigation arising out of or in connection
the property of the Village. The Village has the right to use any
with this Contract.
or all ideas presented in any response to this Solicitation,
whether amended or not, and disqualification or rejection of
Prior to the filing of any claim, proceeding or litigation related
a Bid does not affect this right.
to the Invitation to Bid or resulting contact, all claims, counter-
claims, disputes, and other matters in questions between the
1.33 ADDITIONAL FEES AND SURCHARGES
Bidder and the Village will be first reviewed by authorized
Unless provided for in the Contract, the Village will not make
representatives of both parties for a recommended solution.
any additional payments such as fuel surcharges, demurrage
If no solution or resolution is forthcoming, either party may
fees, or delay-in-delivery charges.
pursue its claim, proceeding, or litigation.
1.34 COMPLIANCE WITH FEDERAL STANDARDS
1.39 ATTORNEY'S FEES
All items to be purchased under this Contract shall be in
It is hereby understood and agreed that in the event any
accordance with all governmental standards, to include, but
lawsuit in the judicial system, federal or state, is brought to
not be limited to, those issued by the Occupational Safety and
enforce compliance with this Contract or interpret same, or if
Health Administration (OSHA), the National Institute of
any administrative proceeding is brought for the same
Occupational Safety Hazards (NIOSH), and the National Fire
purposes, the prevailing party shall be entitled to recover its
Protection Association (NFPA).
reasonable attorney's fees and costs, including appellate fees
and costs.
1.35 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF
FEDERAL FUNDING
1.40 EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION
If the goods or services to be acquired under this Solicitation
The Village of North Palm Beach complies with all laws
are to be purchased, in part or in whole, with Federal funding,
prohibiting discrimination on the basis of age, race, gender,
it is hereby agreed and understood that Section 60-250.4,
religion, creed, political affiliation, sexual orientation, physical
Section 60-250.5, and Section 60-741.4 of Title 41 of the
or mental disability, color or national origin, and therefore is
United States Code, which addresses Affirmative Action
committed to assuring equal opportunity in the award of
requirements for disabled workers, is incorporated into this
Contracts and encourages small, local, minority, and female-
Solicitation and resultant Contract by reference.
owned businesses to participate.
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Village of North Palm Beach
ITB C27-PW-01
Advertisement Date - October 8, 2026
may be grounds for further disqualification from participating
During the performance of this Contract, the awarded Bidder in any future Bids with the Village.
agrees it will not discriminate or permit discrimination in its
hiring practices or in its performance of the Contract. The 1.46 PUBLIC ENTITY CRIMES
awarded Bidder shall strictly adhere to the equal employment As provided in Section 287.133(2)(a), Florida Statutes, a
opportunity requirements and any applicable requirements person or affiliate who has been placed on the convicted
established by the State of Florida, Palm Beach County and the vendors list following a conviction for a public entity crime
federal government. may not submit a Bid on a Contract to provide any goods or
services to a public entity; may not submit a Bid on a
The awarded Bidder further acknowledges and agrees to Contract with a public entity for the construction or repair of
provide the Village with all information and documentation a public building or public work; may not submit Bids on
that may be requested by the Village from time to time leases of real property to a public entity; may not be
regarding the Solicitation, selection, treatment and payment awarded or perform work as a Contractor, supplier,
of subcontractors, suppliers, and vendors in connection with subcontractor, or consultant under a Contract with any
this Contract. public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s.
1.41 AVAILABILITY OF CONTRACT TO OTHER VILLAGE 287.017 for CATEGORY TWO for a period of 36 months
DEPARTMENTS following the date of being placed on the convicted vendor
It is agreed and understood that any Village department or list.
agency may access this Contract and purchase the goods or
services awarded herein. Each Village department will issue a 1.47 COMPLETION OF WORK AND DELIVERY
separate purchase order to the awarded Bidder for the All work shall be performed and all deliveries made in
department's specific purchases. accordance with good commercial practice. The work
schedule and completion dates shall be adhered to by the
1.42 CRIMINAL HISTORY BACKGROUND CHECKS awarded Bidder(s), except in such cases where the completion
Prior to Contracting with a Bidder, the Village may conduct a date will be delayed due to acts of nature, force majeure,
comprehensive criminal background check by accessing any strikes, or other causes beyond the control of the awarded
Federal, State, or local law enforcement database available. Bidder. In these cases, the awarded Bidder shall notify the
The Bidder will be required to sign an authorization for the Village of the delays in advance of the original completion so
Village to access criminal background information. The costs that a revised delivery schedule can be appropriately
for the background checks shall be borne by the Village. considered by the Village.
1.43 LABOR, MATERIALS, AND EQUIPMENT 1.48 FAILURE TO DELIVER OR COMPLETE WORK
Unless specified elsewhere in the Solicitation or resultant Should the awarded Bidder(s) fail to deliver or complete the
Contract, all labor, materials, and equipment required for the work within the time stated in the Contract, it is hereby agreed
performance of the requirements of the Contract shall be and understood that the Village reserves the authority to
supplied by the awarded Bidder. cancel the Contract with the awarded Bidder and secure the
services of another vendor to purchase the items or complete
1.44 PURCHASE OF OTHER ITEMS the work. If the Village exercises this authority, the Village
The Village reserves the right to purchase other related goods shall be responsible for reimbursing the awarded Bidder for
or services, not listed in the Solicitation, during the Contract work that was completed, and items delivered and accepted
term. When such requirements are identified, the Village may by the Village in accordance with the Contract specifications.
request price quote(s) from the awarded Bidder(s) on the The Village may, at its option, demand payment from the
Contract. The Village, at its sole discretion, will determine if awarded Bidder, through an invoice or credit memo, for any
the prices offered are reasonable, and may choose to additional costs over and beyond the original Contract price
purchase the goods or services from the awarded Bidder, which were incurred by the Village as a result of having to
another Contract vendor, or a non-Contract vendor. secure the services of another vendor.
1.45 CONFLICTS OF INTEREST 1.49 CORRECTING DEFECTS
All Bidders must disclose with their Bid the name of any The awarded Bidder shall be responsible for promptly
officer, director, or agent who is also an employee of the correcting any deficiency, at no cost to the Village, within
Village of North Palm Beach. Further, all Bidders must three (3) calendar days after the Village notifies the awarded
disclose the name of any Village employee who has any Bidder of such deficiency in writing. If the awarded Bidder fails
interest, financial or otherwise, direct or indirect, of five to correct the defect, the Village may (a) place the awarded
percent (5%) or more in the Bidders' firm or any of its Bidder in default of its Contract; and/or (b) procure the
branches. Failure to disclose any such affiliation will result in products or services from another source and charge the
disqualification of the Bidder from this Invitation to Bid and awarded Bidder for any additional costs that are incurred by
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Village of North Palm Beach
ITB C27-PW-01
Advertisement Date - October 8, 2026
the Village for this work or items, either through a credit satisfaction of the Village, the Village reserves the right to
memorandum or through invoicing. cancel the Contract for cause.
1.50 ACCIDENT PREVENTION AND BARRICADES 1.56 FORCE MAJEURE
Precautions shall be exercised at all times for the protection The Village and the awarded Bidder are excused from the
of persons and property. All awarded Bidders performing performance of their respective obligations under the
services or delivering goods under this Contract shall conform Contract when and to the extent that their performance is
to all relevant OSHA, State, and County regulations during the delayed or prevented by any circumstances beyond their
course of such effort. Any fines levied by the above-mentioned control, including fire, flood, explosion, strikes or other labor
authorities for failure to comply with these requirements shall disputes, natural disasters, public emergency, war, riot, civil
be borne solely by the awarded Bidder. Barricades shall be commotion, malicious damage, act or omission of any
provided by the awarded Bidder when work is performed in governmental authority, delay or failure or shortage of any
areas traversed by persons, or when deemed necessary by the type of transportation, equipment, or service from a public
Village. utility needed for their performance provided that:
1.51 OMISSIONS IN SPECIFICATIONS a. The non-performing party gives the other party prompt
The specifications and/or statement of work contained within written notice describing the particulars of the force
this Solicitation describe the various functions and classes of majeure, including, but not limited to, the nature of the
work required as necessary for the completion of the project. occurrence and its expected duration, and continues to
Any omissions of inherent technical functions or classes of furnish timely reports with respect thereto during the
work within the specifications and/or statement of work shall period of the force majeure.
not relieve the Bidder from furnishing, installing, or
performing such work where required to the satisfactory b. The excuse of performance is of no greater scope and of
completion of the project. no longer duration than is required by the force majeure.
1.52 MATERIALS SHALL BE NEW AND WARRANTED AGAINST c. No obligations of either party that arose before the force
DEFECTS majeure causing the excuse of performance are excused
The awarded Bidder hereby acknowledges and agrees that all as a result of the force majeure.
materials, except where recycled content is specifically
requested, supplied by the awarded Bidder in conjunction with d. The non-performing party uses its best efforts to remedy
this Solicitation and resultant Contract shall be new, its inability to perform.
warranted for their merchantability, and fit for a particular
purpose. In the event any of the materials supplied to the Notwithstanding the above, performance shall not be excused
Village by the awarded Bidder are found to be defective or do under this section for a period in excess of two (2) months,
not conform to specifications, (1) the materials may be provided that in extenuating circumstances, the Village may
returned to the awarded Bidder at the Bidder's expense and excuse performance for a longer term. Economic hardship of
the Contract cancelled; or (2) the Village may require the the awarded Bidder shall not constitute a force majeure. The
awarded Bidder to replace the materials at the Bidder's term of the Contract shall be extended by a period equal to
expense. that during which either party's performance is suspended
under this section.
1.53 TAXES
The Village of North Palm Beach is exempt from Federal and 1.57 NOTICES
State taxes for tangible personal property. Notices shall be effective when received at the addresses
specified in the Contract. Changes in respective addresses to
1.54 BIDDER'S COSTS which such notices are to be directed may be made from time
The Village shall not be liable for any costs incurred by Bidders to time by either party by written notice to the other party.
in responding to this Invitation to Bid. Facsimile and email transmissions are acceptable notice
effective when received; however, facsimile and email
1.55 SUBSTITUTION OF PERSONNEL transmissions received after 5:00 p.m. or on weekends or
It is the intention of the Village that the awarded Bidder's holidays will be deemed received on the next business day.
personnel proposed for the Contract shall be available for the The original of the notice must also be mailed to the receiving
initial Contract term. In the event the awarded Bidder wishes party.
to substitute personnel, the awarded Bidder shall propose
personnel of equal or higher qualifications, and all Nothing contained in this section shall be construed to restrict
replacement personnel are subject to the Village's approval. the transmission of routine communications between
In the event the substitute personnel are not satisfactory to representatives of the successful Bidder and the Village of
the Village, and the matter cannot be resolved to the North Palm Beach.
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