HomeMy WebLinkAboutBid FormsBID FORMS
(Failure to furnish all requested data will be cause for considering Bidder non-responsive and may render
this Bid invalid on that basis.)
BID FOR: TAXIWAYS "D" AND "E"
SEBASTIAN MUNICIPAL AIRPORT
FAA AIP FUNDED PROJECT
SUBMITTED TO: Sebastian Municipal Airport
202 Airport Drive East
Sebastian, Florida 32958
SUBMITTED BY:
Bidder's Name
Address
City, State and Zip Code
Bidders shall submit, on the forms provided (Attachments 1-11), the information required. Bidders that
fail to complete and show evidence of compliance with the following subsections shall be considered
unqualified, and shall not be given further consideration in the bid process.
2.1 Licensing
Bidder shall be licensed in accordance with the following: Chapter 489, Part I, Florida Statutes and
Chapter 61G4, Florida Administrative Code. Bidder shall provide copy of license as part of bid
documents.
Contractor shall be able to be properly licensed in the City of Sebastian before beginning construction
If the Bidder is a joint venture, the individual empowered by a properly executed Declaration of Joint
Venture and Power of Attorney Form shall execute the proposal. The proposal shall clearly identify who
will be responsible for the engineering, quality control, and geotechnical and construction portions of the
Work, and license numbers and copies of these licenses/professional registrations shall be provided with
Attachment 1.
2.2 Drug Free Workplace Statement
The Drug -Free Workplace form, as attached hereto, shall be submitted with the qualification package.
2.3 Public Entity Crimes
Any person or firm submitting a Proposal in response to this invitation must execute the attached
SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUES, PUBLIC ENTITY
CRIMES, including proper check(s) in the space(s) provided, and enclose it with said qualifications
package.
Taxiway "D" and "E" 2-1 Bid Forms
Sebastian Municipal Airport
2.4 Bid Price
Bid prices shall be submitted on the Bid Price Form (Attachment 5) attached hereto and shall include
prices for the items listed. The prices shall include all costs for all construction of the Project, and all
other work necessary to fully and timely complete that portion of the Project in accordance with the
Contract Documents, as well as all job site and home office overhead, and profit, it being understood that
payment of that amount for of the Project will be full, complete, and final compensation for the work
required to complete the Project. The Bid price shall be delivered in a sealed package, to the location and
time specified in the invitation to Bid.
The package shall indicate clearly that it is the Bid and shall identify clearly the Bidder's name, and
project description. The Bid shall be secured and unopened until the date specified for opening of the
Bids.
Taxiway "D" and "E" 2-2 Bid Forms
Sebastian Municipal Airport
ATTACHMENT 1 (CONTRACTOR INFORMATION FORM)
TO: Sebastian Municipal Airport
202 Airport Drive East
Sebastian, FL 32958
(772)228-7001
Ladies/Gentlemen:
Having carefully examined the Proposal Documents and Drawings entitled Taxiways "D" and "E",
Sebastian Municipal Airport, City of Sebastian, Florida, as well as the premises and conditions affecting
the work, and confirming that the sites were visited, as required, by (Name
of Person or Persons) on (date or dates) the undersigned hereby seeks qualification to
furnish all labor and material and to perform all work as required by and in strict accordance with the
above-named documents.
Principal Office Address:
(1) How many years has your organization been in business as a contractor under your present name?
(2) How many years experience in construction work has your organization had as a general
contractor?
As a Subcontractor?
(3) List below the requested information concerning projects your organization has completed in the
last five (5) years for the type of work required in this project. (Use additional sheets if
necessary.) Include the type of work similar to the work included in this contract if possible.
Project Contract Required Actual Name/Address/Tel
Title Amount Completion Date Completion Date of Owner
Taxiway "D" and "E" 2-3 Bid Forms
Sebastian Municipal Airport
(4) Have you ever failed to complete any work awarded to you? If so, where and why?
(5) Has any officer or partner of your organization ever been an officer or partner of some other
organization that failed to complete a construction contract? If so, state name of individual, name
of other organization, and reason therefore.
(6) Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name? If so, state name of individual, name of owner and reason therefore.
(7) Give below any information which would indicate the size and capacity of your organization,
including number of employees, equipment owned by your organization, etc., which are available
for utilization on this Contract.
(8) What is your bonding capacity?
(9) What amount of your bonding capacity has been used as of the date of this bid?
(10) How many applications for performance and payment bonds have you made in the last three (3)
years?
Taxiway "D" and "E" 2-4 Bid Forms
Sebastian Municipal Airport
(11) How many of these applications were not approved?
(12) Have any claims been filed against your surety bond company in the last five (5) years? If so,
describe the nature of the claims and give the names of the surety companies, dates of each claim,
identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use
additional sheets if necessary.)
I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date
hereinafter set forth, and that those examining this document have my permission to contact any or all of
those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be
grounds for a determination of nonresponsibility with respect to such contractor.
Respectfully Submitted,
(Name of Bidder)
(Authorized Signature)
(Title) (Date) (Address and Telephone No.)
FLORIDA STATE CONTRACTOR DATA (Required):
*Contractor's License Number:
Classification:
Monetary Limit:
*ATTACH A COPY OF APPROPRIATE LICENSES
Taxiway "D" and "E" 2-5 Bid Forms
Sebastian Municipal Airport
ATTACHMENT 2 (DRUG-FREE WORKPLACE FORM)
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that
does:
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Date:
Signature
Taxiway "D" and "E" 2-6 Bid Forms
Sebastian Municipal Airport
ATTACHMENT 3 (PUBLIC ENTITY CRIMES FORM)
Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must
execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA
STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s)
provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or
proposal on behalf of dealers or suppliers who will ship commodities and receive payment from
the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by
them and are included with your quote, bid, or proposal. Corrections to the form will not be
allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in
every detail and submit it with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133,
Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the
Florida Department of General Services to maintain and make available to other political entities
a "convicted vendor" list consisting of persons and affiliates who are disqualified from public
and purchasing process because they have been found guilty of a public entity crime. A public
entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or
Federal law by a person with respect to and directly related to the transaction of business with
any public entity in Florida or with an agency or political subdivision of any other state or with
the United States, including, but not limited to, any bid or Agreement for goods or services to be
provided to any public entity or with an agency or political subdivision and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or transact
any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two (currently $10,000) with any person or affiliate on the convicted vendor list for a
period of 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)(0,
Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal
Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or
services to THE CITY OF SEBASTIAN, a person shall file a swom statement with the
Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or
affidavit will be the form to be utilized and must be properly signed in the presence of a notary
public or other officer authorized to administer oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
Taxiway "D" and "E" 2-7 Bid Fortes
Sebastian Municipal Airport
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement No.
for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by
(name of entity submitting
sworn statement) whose business address is
and (if applicable)
its Federal Employer Identification (FEIN) is (If the entity has
no FEIN, include the Social Security Number of the individual signing this swom
statement:
3. My name is (please print name of
individual signing) and my relationship to the entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not
limited to, any bid or Agreement for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
5. I understand that 'convicted" or 'conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
(1) A predecessor or successor of a person convicted of a public entity crime; or
(2) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
The term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The
Taxiway "D" and "E" 2-8 Bid Forms
Sebastian Municipal Airport
ownership by one person of shares constituting a controlling interest in another person, or
a pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into ajoint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding Agreement and which bids or applies
to bid on Agreements for the provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this swom statement. (Please indicate which statement
applies.)
Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who are
active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate
which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order
entered by the hearing officer did not place the person or affiliate on the convicted vendor
list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing
officer determined that it was in the public interest to remove the person or affiliate from
the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services.)
Taxiway "D" and "E" 2-9 Bid Forms
Sebastian Municipal Airport
Date:
STATE OF FLORIDA
COUNTY OF
(Signature)
The foregoing instrument was acknowledged before me this day of ,
2012 by
or has produced
(title) on behalf of
(name of partnership), a partnership. He/she is personally known to me
as identification and did ( ) did not ( ) take an oath.
Name:
My Commission Expires:
Commission Number:
Taxiway "D" and "E" 2-10 Bid Forms
Sebastian Municipal Airport
ATTACHMENT 4 (BID BOND)
(This form provided by the City of Sebastian as an example of the form of bond; the actual bond must
conform to the standards required by Florida Statutes)
KNOWN ALL MEN BY THESE PRESENTS, that, we the undersigned,
As Bidder, and
As Surety, are hereby held and firmly bound unto the City of Sebastian, Florida, in the penal sum of five
percent (5%) of the Total Bid Amount which is $ for payment of which, well
and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.
Signed this
day of
2012.
The Condition of the above obligation is such that whereas the Bidder has submitted to the City of
Sebastian a certain BID, attached hereto and hereby made a part of hereof to enter into a contract in
writing, for 2012 RUNWAY MARKING.
NOW THEREFORE,
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Bidder shall execute and deliver a contract in the
form of Agreement attached hereto (property completed in accordance with said BID) and shall
furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the
payment of all persons performing labor, furnishing materials in connection herewith, and shall in
all other respects perform the agreement created by the acceptance of said BID, then this
obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its Bid Bond shall be in no way impaired or affected by an extension of the time within which
the City of Sebastian may accept such Bid; and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, the Bidder and the Surety have hereunto set their hands and seals, and such of
them as are corporations have caused their corporate seals to be hereto affixed and these presents to be
signed by their property officers, the day and year first set forth above.
Bidder Name
M
Printed or Typed
Bidder — Authorized Signature
Bidder — Printed or Typed Name and Title
Surety
0
Printed or Typed
Bidder— Authorized Signature
Surety — Printed or Typed Name and Title
Taxiway "D" and "E" 2-11 Bid Forms
Sebastian Municipal Airport
ATTACHMENT 5 (FORM OF NONCOLLUSION AFFIDAVIT)
(This Affidavit is Part of Bid)
STATE OF
) SS.
COUNTY OF
being first duly sworn, deposes and says that he is
(Sole owner, a partner, president, secretary, etc.)
the party making the foregoing Proposal or BID that such BID is genuine and not collusive or sham; that
said BIDDER has not colluded, conspired, connived, or agreed, directly or indirectly, with any BIDDER
or person, to put in a sham BID, or that such other person shall refrain from bidding, and has not in any
manner, directly or indirectly sought by agreement or collusion, or communication or conference, with
any person, to fix the Bid Price of affiant or any other BIDDER, or to fix any overhead, profit or cost
element of said Bid Price, or of that of any other BIDDER, or to secure any advantage against OWNER
any person interested in the proposed Contract; and that all statements in said Proposal or Bid are true;
and further, that such BIDDER has not, directly or indirectly submitted this BID, or the contents thereof,
or divulged information or date relative thereto to any association or to any member or agent thereof.
Sworn to an subscribed before me this day of
County
My Commission expires
(SEAL)
(Bidder)
20_
Taxiway "D" and "E" 2-12 Bid Forms
Sebastian Municipal Airport
ATTACHMENT 6 (DESIGNATION OF SUBCONTRACTORS)
THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE
COMPLETED AS APPLICABLE. Use additional sheets as necessary.
Name, Address and Telephone
Number of Subcontractor
Type and Description of Work to be
Performed
Contract Amount
1.
$
2
$
3
$
4.
$
5.
$
6.
$
7.
$
TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION:
$
PERCENT SUBCONTRACTOR PARTICIPATION:
%
Name of
BIDDER:
Taxiway "D" and "E" 2-13 Bid Forms
Sebastian Municipal Airport
ATTACHMENT 7 (FLORIDA TRENCH SAFETY ACT)
CERTIFICATION AND DISCLOSURE STATEMENT
The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S.,
(Section 553.60 et. seq. Florida statutes), and hereby commits the Bidder to the following in the
performance of the work in the event that the subject contract is awarded to and executed by said
Bidder.
The Bidder further acknowledges that the Florida Trench Safety Act, (the Act)
establishes the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart
P as the Interim State Standard until such time as the State of Florida, through its
Department of Labor and Employment Security, or any successor agency, adopts, updates
or revises said interim standard. This State of Florida standard may by supplemented by
special shoring requirements established by the State of Florida or any of its political
subdivisions.
2. The Bidder, as Contractor, shall comply with all applicable excavation/trench safety
standards.
The Contractor shall consider the geotechnical data available from the City, if anv, the
Contractor's own sources, and all other relevant information in providing the trench
safety system to be employed on the subject Project. The Contractor acknowledges sole
responsibility for the selection of the data on which he relies in providing the safety
system, as well as for the system itself.
4. The amounts that the Bidder has set forth for pipe installation includes the following
excavation / trench safety measures and the linear feet of trench excavated under each
safety measure. These units, costs, and unit prices shall be disclosed solely for the
purpose of compliance with procedural requirements of the Act. No adjustment to the
Contract time or price shall be made for any difference in the actual number of linear feet
of trench excavation, except as may be otherwise provided in these Contract Documents.
Trench Safety Units of Measure Unit Unit Cost Extended Cost
Measure (Description) (LF, SF) (Quantity)
For Information Only, Not for Payment Purposes $
Bidder may use additional sheets as necessary to extend this forth.
Failure to complete the above may result in the bid being declared non-responsive.
Taxiway "D" and "E" 2-14 Bid Forms
Sebastian Municipal Airport
5. The amount disclosed is the cost of compliance with the applicable trench safety
requirements does not constitute the extent of the Contractor's obligation to comply with
said standards. Contractor shall expend additional sums at no additional cost to the
County, if necessary, to comply with the Act (except as may otherwise be provided).
6. Acceptance of the bid to which this certification and disclosure applies in no way
represents that the County or its representative has evaluated and thereby determined that
the above costs are adequate to comply with the applicable trench safety requirements nor
does it in any way relieve the Contractor of its sole responsibility to comply with the
applicable trench safety requirements.
Company
Name and Title
Address:
Telephone:( )
END OF FLORIDA TRENCH SAFETY ACT STATEMENT
Taxiway "D" and "E" 2-15 Bid Forms
Sebastian Municipal Airport
ATTACHMENT S (CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR
MANUFACTURED PRODUCTS)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this
certification statement with their proposal. The bidder or offeror must indicate how they intend to
comply with 49 USC § 50101 by selecting one on the following certification statements. These
statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a
cbeckmark (✓) or the letter "X".
❑Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United States, or;
b) Installing manufactured products for which the FAA has issued a waiver as indicated by
inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or;
c) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the steel and
manufactured product.
2. To faithfully comply with providing US domestic product
3. To furnish US domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
❑The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences
of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC §
50101(b). By selecting this certification statement, the apparent bidder or offeror with the
apparent low bid agrees:
1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver
request and required documentation that support the type of waiver being requested.
2. That failure to submit the required documentation within the specified timeframe is cause
for a non-responsive determination may result in rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the approved US
domestic content percentage as approved by the FAA.
4. To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is
more that 60% of the cost of all components and subcomponents of the "item". The required
documentation for a type 3 waiver is:
a) Listing of all product components and subcomponents that are not comprised of 100%
US domestic content (Excludes products listed on the FAA Nationwide Buy American
Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart
Taxiway "D" and "E" 2-16 Bid Forms
Sebastian Municipal Airport
25.108; products of unknown origin must be considered as non-domestic products in their
entirety).
b) Cost of non-domestic components and subcomponents, excluding labor costs associated
with final assembly at place of manufacture.
c) Percentage of non-domestic component and subcomponent cost as compared to total
"item" component and subcomponent costs, excluding labor costs associated with final
assembly at place of manufacture.
Type 4 Waiver — Total cost of project using US domestic source product exceeds the total project cost
using non-domestic product by 25%. The required documentation for a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of
the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code.
Date
Company Name Title
Signature
Taxiway "D" and "E" 2-17 Bid Forms
Sebastian Municipal Airport
ATTACHEMENT 9 (E -VERIFY CERTIFICATION)
Bidder acknowledges and agrees to the following:
Bidder shall utilize the U.S. Department of Homeland Security's E -Verity system, in accordance
with the terms governing use of the system, to confirm the employment eligibility of;
1. all persons employed by the Bidder during the term of the Contract to perform
employment duties within Florida; and
2. all persons, including subcontractors, assigned by the Bidder to perform work
pursuant to the contract with the Sarasota Manatee Airport Authority.
Company/Firm
Authorized
Signature:
Title:
Date:
Taxiway "D" and "E" 2-18 Bid Forms
Sebastian Municipal Airport
ATTACHMENT 10
(DISADVANTAGED BUSINESS ENTERPRISE PROGRAM)
The following bid conditions apply to this Department of Transportation (DOT) assisted contract.
Submission of a BID/proposal by a prospective Contractor shall constitute full acceptance of these bid
conditions.
(1) DEFINITION - Disadvantaged Business Enterprise (DBE) as used in this Contract shall have the
same meaning as defined in to 49 CFR Part 26 Subpart D.
(2) POLICY - It is the policy of DOT that DBE's as defined in 49 CFR Part 26 shall have the
maximum opportunity to participate in the performance of contracts and subcontracts financed in
whole or in part with federal funds. Consequently, the DBE requirements of 49 CFR Part 26
apply to this contract.
(3) DBE OBLIGATION - The Bidder agrees to ensure that disadvantaged business enterprises as
defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with federal funds. In this regard all
Bidders shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure
that DBE's have the maximum opportunity to compete for and perform contracts. Bidders shall
not discriminate on the basis of race, color, national origin, or sex in the award and performance
of DOT assisted contracts.
(4) COMPLIANCE - All BIDDERS, potential Contractors, or subcontractors for this DOT assisted
contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as
set forth above, shall constitute a breach of contract which may result in termination of the
contract or such other remedy as deemed appropriate by the Owner.
(5) SUBCONTRACT CLAUSE - All BIDDERS and potential Contractors hereby assure that they
will include the following clause in all subcontracts.
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements
of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract, which may result
in the termination of this contract or such other remedy as the recipient deems appropriate.
(6) CONTRACT AWARD - BIDDERS are hereby advised that meeting DBE subcontract goals or
making an acceptable good faith effort to meet such goals are conditions of being awarded this
DOT assisted contract. If any bidder fails to meet the DBE coals for this solicitation, the
BIDDER is required to and must submit, alone with his/her bid, proof of good faith efforts.
using the guidelines listed on page 2-25 thru 2-27, along with a written statement of efforts
and reasons for not meeting said goals. AND file DBE Form 4 (enclosed herein) which must
be submitted with his/her bid.
The Owner proposes to award the contract to the lowest responsive and responsible BIDDER
submitting a reasonable bid provided he has met the goals for DBE participation
Taxiway "D" and "E" 2-19 Bid Forms
Sebastian Municipal Airport
or, if failing to meet the goals, he has made an acceptable good faith effort to meet the established
goals for the DBE participation. BIDDER is advised that the Owner reserves the right to reject
any or all bids submitted.
(7) The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation,
apply to this contract. It is the policy of the Sarasota Manatee Airport Authority to practice
nondiscrimination based on race, color, sex, or national origin in the award or performance of this
contract. All funis qualifying under this solicitation are encouraged to submit bids/proposals.
Award of this contract will be conditioned upon satisfying the requirements of this bid
specification. These requirements apply to all bidders/offerors, including those who qualify as a
DBE. A DBE contract goal of _ percent has been established for this contract. The
bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet
the contract goal by utilizing DBEs in the performance of this contract.
The bidder/offer will be required to submit the following information: (1) the names and
addresses of DBE firms that will participate in the contract; (2) a description of the work that
each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm
participating; (4) Written documentation of the bidder/offeror's commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation
from the DBE that it is participating in the contract as provided in the commitment made under
(4); and (5) if the contract goal is not met, evidence of good faith efforts.
The attainments of goals established for this contract are to be measured as a percentage of the
total dollar value of the contract.
(8) AVAILABLE DBE's - The Owner utilizes the recent issue of the Florida Department of
Transportation "DBE Certified List". BIDDERS are encouraged to inspect this document to
assist in locating DBE's for the work. Credit toward the DBE goals will not be counted unless the
DBE to be used can be certified by the Owner. Any DBE used in this contract MUST be
certified as a DBE by Owner AT THE TIME OF BID SUBMITTAL.
(9) BIDDER'S REQUIRED SUBMISSION - The Owner requires the submission of the following
bid forms with the bid. No bid can receive a contract award without the submission of these
forms.
• DBE Form 1, Schedule of DBE Participation.
• DBE Form 2, DBE Subcontractor Identification Affidavit.
• DBE Form 3, Letter of Intent to Perform as a Subcontractor.
If a bidder cannot achieve the DBE contract goals stated in the bid document, he is required
to submit the following form:
• DBE Form 4, DBE Unavailability Certification
Taxiway "D" and "E" 2-20 Bid Fortes
Sebastian Municipal Airport
Name of Bidder:
Project:
DBE FORM 1 - SCHEDULE OF DBE PARTICIPATION
Project
Total Bid Amount: $
NAME OF DBE
SUBCONTRACTOR
ADDRESS
TYPE OF WORK
SUBCONTRACTED
DBE
SUBCONTRACT
VALUE
DBE PARTICIPATION TOTAL VALUE
The attainment of DBE participation goals for this contract will be measured as a percentage of the total
collar value of the contract.
The undersigned will enter a formal agreement with the DBE Subcontractors identified herein for work
listed in this schedule conditioned upon execution of a contract with
Sworn to and subscribed before me, this day of 20
Signature of Notary
Printed Name of Notary
My commission expires:
Taxiway "D" and "E" 2-21 Bid Forms
Sebastian Municipal Airport
DBE FORM 2 — DBE SUBCONTRACTOR IDENTIFICATION AFFIDAVIT
STATE OF
COUNTY(
I HEREBY DECLARE AND AFFIRM THAT I AM THE
and duly authorized representative of
(Name of Firm)
whose address is
(Title- Owner, President, Co -Venturer, etc.)
I hereby declare and affirm that I am a Disadvantaged Business Enterprise (DBE) as defined by the
contract documents cited below, and that I will provide on request information to document this fact.
This firm is interested in quoting/bidding on the following categories of work being procured for the
This firm has current DBE/MBEAVBE certification from the following agencies:
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENAL TIES OF PERJURY THAT THE
CONTENTS OF THE FOREGOING ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED
ON BEHALF OF THE FIRM TO MAKE THIS AFFIDAVIT.
(Date)
STATE OF
COUNTY OF
(Affiant)
On this day of 20_, before me, the above signed officer, personally
appeared , known to me to be the person described in the foregoing affidavit
and acknowledged that he/she executed the same in the capacity therein stated and for the purposes
therein contained.
In witness thereof, I hereunto set my hand and official seal.
Signature of Notary
Name of Notary Printed
My commission expires:
Taxiway "D" and "E" 2-22 Bid Forms
Sebastian Municipal Airport
DBE FORM 3 - LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR
TO:
(Name of General Contractor Proposing)
PROJECT NO.:
The undersigned intends to perform work in connection with the above project as:
a DBE individual corporation
an MBE partnership joint venture
(Check one) (Check one)
The status of the undersigned is confirmed on the attached DBE Contractor Identification Affidavit (DBE
FORM 2).
The undersigned is prepared to perform the following described work in connection with the above
project:
at the following price: $
percent (%) of the dollar value of this subcontract will be further sublet and/or awarded
to other than DBE firms.
The undersigned agrees to enter into a contract with you to perform the above work, if you are awarded
the prime contract.
Date
Name of DBE Subcontractor:
Firm Address:
By:
Signature
Name Typed
Telephone No.
Taxiway "D" and "E" 2-23 Bid Forms
Sebastian Municipal Airport
DBE FORM 4 - DBE UNAVAILABILITY CERTIFICATION
of , certify that on the dates below, I invited the
following DBE Sucontractor (s) to bid work items to be performed on
DBE/
1.1 DATE OF MBE/
RE UEST WBE NAME OF SUBCONTRACTOR
SOUGHT
The following Subcontractors submitted bids which were not the low responsible bid:
WORK ITEMS
Taxiway "D" and "E" 2-24 Bid Forms
Sebastian Municipal Airport
DISADVANTAGED BUSINESS ENTERPRISE (DBE) TOTALS SUMMARY
Total price bid
Total DBE value
Total DBE percent
oda
If the Bidder fails to meet the DBE subcontract goals established in paragraph 7 above, the following
information must be submitted prior to contract award to assist the Owner in determining whether or not
the Bidder made acceptable good faith efforts to meet the contract goal.
Suggested guidance for use in determining if good faith efforts were made by a Bidder is included in 49
CFR Part 26, Appendix A.
A list of the efforts that a Bidder may make and the Owner may use in making a determination as to the
acceptability of a Bidder's efforts to meet the goal as included in Appendix A are as follows:
A. Soliciting through all reasonable and available means e.g. attendance at pre-bid
meetings, advertising and/or written notices) the interest of all certified DBEs who have
the capability to perform the work of the contract. The bidder must solicit this interest
within sufficient time to allow the DBEs to respond to the solicitation. The bidder must
determine with certainty if the DBEs are interested by taking appropriate steps to follow
up initial solicitations.
B. Selecting portions of the work to be performed by DBEs in order to increase the
likelihood that the DBE goals will be achieved. This includes, where appropriate,
breaking out contract work items into economically feasible units to facilitate DBE
participation, even when the prime contractor might otherwise prefer to perform these
work items with its own forces.
C. Providing interested DBEs with adequate information about the plans, specifications,
and requirements of the contract in a timely manner to assist them in responding to a
solicitation.
D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to
make a portion of the work available to DBE subcontractors and suppliers and to select
those portions of the work or material needs consistent with the available DBE
subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such
negotiation includes the names, addresses, and telephone numbers of DBEs that were
considered; a description of the information provided regarding the plans and
specifications for the work selected for subcontracting; and evidence as to why additional
agreements could not be reached for DBEs to perform the work.
(2) A bidder using good business judgment would consider a number of factors in
negotiating with subcontractors, including DBE subcontractors, and would take a firm's
price and capabilities as well as contract goals into consideration. However, the fact that
there may be some additional costs involved in finding and using DBEs is not in itself
sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such
costs are reasonable. Also, the ability or desire of a prime contractor to perform the work
of a contract with its own organization does not relieve the bidder of the responsibility to
make good faith efforts. Prime contractors are not, however, required to accept higher
quotes from DBEs if the price difference is excessive or unreasonable.
Taxiway "D" and "E" 2-25 Bid Forms
Sebastian Municipal Airport
E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough
investigation of their capabilities. The contractor's standing within its industry,
membership in specific groups, organizations, or associations and political or social
affiliations (for example union vs. non-union employee status) are not legitimate causes
for the rejection or non -solicitation of bids in the contractor's efforts to meet the project
goal.
F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or
insurance as required by the recipient or contractor.
G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies,
materials, or related assistance or services.
H. Effectively using the services of available minority/women community organizations;
minority/women contractors' groups; local, state, and Federal minority/women business
assistance offices; and other organizations as allowed on a case-by-case basis to provide
assistance in the recruitment and placement of DBEs.
NOTE: The items set forth above are merely suggested criteria and the Owner may specify that you
submit additional information on certain other actions a Bidder took to secure DBE participation in an
effort to meet the goals. A Bidder may also submit to the Owner other information on efforts to meet the
goals. This information (when applicable), as well as the DBE information submitted as specified in
Paragraph 9 above should be included with the bidder's proposal.
(10) Bidder ASSURANCE. The BIDDER hereby assures that he will meet one of the following
as appropriate (please check the appropriate space):
The bidder/offeror is committed to a minimum of _ % DBE utilization on this
contract.
The bidder/offeror (if unable to meet the DBE goal of%) is committed
to a minimum of % DBE utilization on this contract and submits
documentation demonstrating good faith efforts.
Name of bidder/offeror's firm:
State Registration No.
By
(Signature)
Title
Taxiway "D" and "E" 2-26 Bid Forms
Sebastian Municipal Airport
Agreements between BIDDER/proposer and a DBE in which the DBE promises not to provide
subcontracting quotations to other BIDDERS/proposers are prohibited. The BIDDER shall make a good
faith effort to replace a DBE subcontract that is unable to perform successfully with another DBE
subcontractor. Substitution must be coordinated and approved by the Owner.
The BIDDER shall establish and maintain records and submit regular reports, as required, which will
identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts.
END OF DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
Taxiway "D" and "E" 2-27 Bid Forms
Sebastian Municipal Airport
ATTACHEMENT 11 (BID SCHEDULE)
(Excel Spreadsheet inserted)
Taxiway "D" and "E" 2-28 Bid Forms
Sebastian Municipal Airport