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HomeMy WebLinkAboutConcrete Services - 2019mYOF EB�►5T HOME OF PELICAN ISLAND Bid #19-02 INVITATION TO BID CONCRETE SERVICES ON AN AS NEEDED BASIS WITHIN THE CITY OF SEBASTIAN City of Sebastian 1225 Main Street Sebastian, FL 32958 Scott Baker Public Facilities / Airport Director 772-228-7013 rbakera citvofsebastian.ore Randy Moyer Procurement / Contract Manager 772-388-8231 rmover(a).citvofsebastian.ore 19-02 INVITATION FOR BIDS SEALED BIDS FROM A LICENSED CONTRACTOR TO PERFORM AS NEEDED CONCRETE SERVICES WITHIN THE CITY OF SEBASTIAN WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, UNTIL 2:00 PM ON WEDNESDAY MARCH 20. 2019. BID ENVELOPES ARE TO MARKED AS FOLLOWS: CONCRETE SERVICES ON AS NEEDED BASIS BID OPEN: WEDNESDAY, MARCH 20,2019@ 2:00 P.M. The City of Sebastian is seeking bids from licensed contractors to provide construction services in the performance of forth pour and finish concrete services within the City of Sebastian. The Contractor shall be able to be properly licensed in the City of Sebastian, and shall show Proof of Insurance to conduct its business, with all licenses, permits, and certificates as required by all local, State of Florida, and Federal agencies. Contractor shall submit a current license from the State of Florida and must be capable of obtaining the appropriate licenses and certificates in the City of Sebastian. Contractors may request a bid package with full instructions and specifications from jtarbell@cityofsebastian.org and also from www.demandstar.com Any bids received without Proof of Contractor's Licenses or Proof of Insurance may be considered incomplete and immediately disqualified. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133,F.S. Questions concerning this project should be emailed to the Public Facilities Director at rbaker@cityofsebastian.org by FRIDAY, MARCH 8, 2019. A non -mandatory pre-bid conference shall be held at the City of Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958 at 10:00 a.m. WEDNESDAY. FEBRUARY 27. 2019. All prospective bidders are encouraged to attend this conference. Questions concerning the project or bid requirements may be addressed at this time. Bids duly submitted will be publicly opened and read aloud at date and time specified above in Sebastian City Hall. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non -substantial irregularities. By: Paul Carlisle City Manager TABLE OF CONTENTS I. Notice of Invitation to Bid .......................................... Page 2 2. Table of Contents ................................................... Page 3 3. Bid Proposal Price Form ............................................. Page 4 4. Instructions for Bidders ............................................. Page 6 5. Drug -Free Workplace form ......................................... Page 11 6. Public entity Crime Form ........................................... Page 12 7. Bidder Qualification Questionnaire Form ....................... Page 15 8. Agreement.......................................................... Page 19 9. Bid Specification —Exhibit "A" to Agreement ................. Page 23 10. Local Vendor Preference Policy ................................. Page 25 IMPORTANT NOTICE TO BIDDERS SUBMIT TWO (2) SETS OF THE SIGNED BID FORMS AND CONTRACT ALONG WITH THE BELOW ITEMS: 1. Completed Bid Proposal Form 2. Proof of Insurance as Required 3. Proof of Licenses as Required 4. Drug -Free Workplace Form Executed 5. Public Entity Crimes Form 6. Bidder Qualification Questionnaire Form 7. References Including Address and Phone Numbers to Contact 8. Signed Agreement FAILURE TO SUBMIT THE ABOVE MAY SUBJECT YOUR BID TO REJECTION. READ ALL OF THE BIDDING DOCUMENTS PROVIDED AND THEN SUBMIT YOUR BID ACCORDINGLY. CITY OF SEBASTIAN — BID As Needed Concrete Services BID PROPOSAL PRICE After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Invitation to Bid, I the undersigned hereby propose to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and furnish all the equipment, labor, and materials necessary to provide annual concrete work meeting or exceeding the specifications as set forth herein for the unit prices as stated below. The price quoted below includes any addenda which may be issued. If there is any item you wish not to bid on please write "NO BID" in the Price per Square Yard column. 1. ANNUAL CONCRETE WORK AS DESCRIBED Concrete I Quantity SY Concrete �priAno pempyO (� 1- (�7 . SY Concrete saw and Removal 1171<_ 61-100 SY Concrete saw 90 Remova�� SY 103 < SY �90,j7FSe Itmov" andJe9jpjy w(f�per 4 " �- 60 SY Concrete IpmovaI and replace WJ]Fiber Culvert RAPAacemgpt " fii-100 SY ConcreteRimp9 �Jj l,place W/Fiber ` < 101< SY Concrete �f f���f�4A 1;" AD�") _ 1-60 SY Concrete }N Fibbber 411 Concrete L /Fiber(4 1` �a-ip0� 101< SY I SY I Concrete saw and Removal 16" }-(p SY I Concrete 9w qj)� Rei v I /5A (1- 0 SY IConcrete saw and Removal lb) 1171<_ SY Concrete Removal and replace W/Fiber,(4" ` 1-60 SY f p)frele Rprpoval and replace W�,F� Pf,��'��i 61 Q0 SY oncrete Removal and replace U �Fi er b° ' 1 1< SY �pp{rp(e Nf/Fjerf6: 1-60 SY pncrele'N FTer(6": I Concrete 2iber(6' )1 �i /❑9 101< SY SY m)�;�oncrejq` 1-5 j �Y MAj lif'oe 5.5-10 f CY MISC Concrete' 10.5-15 CY MI544 Concrete' 15.5-20 CY WS CoRjIX$X' 20< J CY prive`X@X to yCrt Rypla fervent j$" AD;i"1 1 iF Culvert RAPAacemgpt 104' A9t5� I 1 IDriveway Overt Replacement �j'�gp$n,,II_ 118 1 LF ♦prwe_way L riveway plverl Re 1pcement 1;" AD�") 1 LF Driveway Culvert Replacement 1� ADS//)) 1 LF *All concrete is formed, poured in place and finished Per FDOT Standard Specifications 2018 or latest version. By the signature affixed below, the contractor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute/enter into said agreement within (15) consecutive calendar days notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. Authorized Signature Printed Name Firn Name & Address Title Phone Number Date Signed CITY OF SEBASTIAN INSTRUCTIONS FOR BIDDERS L PRE-BID CONFERENCE A non -mandatory pre-bid conference shall be held at the City of Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958 at the time and date specified in the Notice of Invitation to Bid. All prospective bidders are encouraged to attend this conference. Questions concerning the project or bid requirements may be addressed at this time. HZENERW1111IL) Two (2) sets of bids shall be submitted on the Bid Proposal Price Form provided, including any other forms, proofs, and documents as required. 3. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show (lower left comer) the time of the Bid, and the date and time of opening. The envelope shall also show the name and address of the Bidder. The Bid shall be submitted as stipulated in the Notice of Invitation to Bid. 4. BIDS NOT CONSIDERED Bids not considered are Late Bids, telegraphed, emailed or faxed Bids and bids which do not conform to the instructions contained in the Notice of Invitation to Bid. Bids may be withdrawn by fax or email provided that such notices are received prior to the date and time specified in the Invitation. 5. BID OPENING Bidders are welcome to attend the bid opening; however, attendance is not mandatory. Opening of the Bids will commence at the date and time specified in the Notice of Invitation to Bid, and publicly read aloud, providing one or more Bidders are in attendance. The Purchasing Agent or his designee shall be present at all Bid openings. 6. BID EXAMINATION Bid files may be examined during normal working hours, ten (10) days after bid opening, by appointment only, by contacting the City Clerk's office at 772-589-5330. 7. ORrTION inBR2Uo�wastructi ons and provide all information requested on the Bid Proposal Price Form. Bidders wishing to qualify all or any portion of the bid shall provide a hand printed or typed explanation on the bid or separate attachment to be submitted with the bid. 8. BIDDER OUALIFICATION OUESTIONNAD2E Bidders shall include the completed Bidder Qualification Questionnaire with the submitted bid proposal. The submitted Bidder Qualification Questionnaire will be reviewed by the City, if the bidder is the lowest bidder for this project. 9. ACCEPTABLE BIDS Bid proposals shall be typewritten or filled in with ink. Any erasures or corrections must be initialed by the Bidder in ink. 10. NEW FrUIPMENT AND MATERIALS Prices s own on the bids shall be prices for new equipment and materials, and the successful bidder shall warrant same for a period of not less than one (1) year from the installation date, or as otherwise stated. 11. SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. 12. CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian; further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches. Should the successful Bidder permanently or temporarily hire any City employee who is, or has been, directly involved with the Bidder prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 13. LICENSING. CERTIFICATION-. AND/OR REGISTRATION Contractors must show their current occupational license, as well as any licenses required by Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA; FL DEP or the FL Department of Agriculture and Community Affairs. Alt licenses shall be up to date. Contractors must show their current Contractors license. Prior tostart of work, if the Bidder is a State Certified General Contractor, the Bidder must be registered with the City of Sebastian; if the Bidder is a State Registered General Contractor, then the Bidder must hold a Competency Card with the City. In any event, the Contractor may contact Linda Lohsl, the Administrative Assistant at the Building Department 772-589-5537 or another person designated by the City's Building Official, to insure compliance with all City ordinances, rules and regulations, including Building Permits if required. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. Failure to comply with the above may result in the rejection of the Bid. Two (2) copies of any license or certification as required shall be submitted with the bidding documents. A certificate or letter showing compliance with the City's Contract Licensing requirements must be obtained from the City's Building Department, and is required on this project prior to execution of a contract, and shall be submitted to the Purchasing & Contract Administrator with any payment/performance bonds which stay be required. In essence, this authorizes you to perform work in the City of Sebastian. Any Sub-Contractor(s) must also be certified. 14. CORRECTIONS. CANCELLATION. & WITHDRAWAL A. Bidders may be asked to provide further information after bid opening to determine the responsibility of the vendor. B. Waiver of Technicality: Information shall not be considered after the bid opening if it has been specifically requested to be provided with the bid and becomes a matter of responsiveness. The bid shall be considered responsive if it substantially conforms to the requirements of the Invitation to Bid. The City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. C. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. D. Cancellation or Postponement: The Procurement & Contract Manager may cancel or postpone the bid opening or cancel the Invitation to Bid in its entirety. E. Withdrawal: Prior to any published bid opening date and time, a bidder may withdraw his or her bid in writing. A fax is permitted for this purpose, provided a confirming telephone call is made. F. Amendments: Prior to any published bid opening date and time, a bidder may amend the bid provided that it is in writing, in a sealed envelope, and identified. 15. AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. 16. PUBLIC ENTITY CRIMES Any person or firm submitting a bid in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said bid. 17. DRUG-FREE WOREPLACE The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding documents. 18. BID GUARANTEE The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be firm for acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. l9. BIDBOND (ONLY IF CALLED FOR IN TRE NOTICE OF INVITATION TO BID) A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project, and most be submitted along with two (2) copies of the Bid, failure to do so will automatically disqualify the Bid. Unsuccessful bidders shall be entitled to a return of surety after final award of bid. A successful bidder shall forfeit the amount of its security upon failure on his part to execute an agreement within ten (10) days after receipt of a proposed agreement from the City unless the time for executing the agreement is extended by the City. 20. PAYMENT AND PERFORMANCE BONDS (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) A Payment and Performance Bond equal to one hundred percent (100%) of the Agreement price shall be required on this project, and shall be provided by the successful bidder at the stipulated time of the execution of the agreement, failure to do so shall cause said bidder to be in default and forfeit his Bid Bond in its entirety. (Sample Forms are provided for information purposes.) NOTE: BID BOND AND PAYMENT AND PERFORMANCE BOND REQUIREMENTS: The bond(s) shall be provided by a surety company authorized to do business in the State of Florida, and approved by the City. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a cashier check or an irrevocable letter of credit. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the State of Florida. The forth of the check or letter of credit must be approved by the City. Attomeys-in-fact who sign Bonds must file with each bond a certified and effective dated copy of their Power - of Attorney. Surety companies executing Bonds most appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State of Florida. 21. LIOUIDATED DAMAGES The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) per day for every day that the Contractor is late in completing the work requirements for each Phase as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. 22. INSURANCE All bidders shall submit evidence of insurance as follows; Auto Liability, Workers Compensation, and General Liability. Cost for all insurance shall be bom by the bidder. All insurance shall be acceptable to the City in its sole discretion. 23. BID AWARD The contractlagreement will be awarded to the lowest responsive and responsible Bidder whose bid, conforming to the specifications and Instructions for Bidders will be most advantageous to the City in consideration of price, time of performance, and other factors as dctcrdned by the City. The Purchasing Agent shall issue a notice of award, if any, to successful bidders. 24. REJECTION OF BIDS The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the successful Bidder, and the right to disregard all nonconforming, non-responsive, imbalanced, or conditional Bids. More than one Bid from an individual, firm or association under same or different names, will not be considered. Any or all Bids will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. 25. REFERENCES A list of References is required, but is not required to be submitted with the Bid proposal. However, a list of References must be provided to the City, prior to any Contract Award. 26. LIST OF SUB -CONTRACTORS A list of Sub -Contractors is required, but is not required to be submitted with the Bid proposal. However, all Sub -Contractors must be approved by the City, prior to any Contract Award. 27. CO-OPERATIVE PURCHASING It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by the City of Sebastian. However, by virtue of bidding, the Bidder accepts the right of other Government Entities to "piggyback" purchase from this proposal by mutual consent. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. 28. DISCRIMINATION The Bidder/Contractor shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. 29. PURCHASING CARD PROGRAM The City of Sebastian has implemented a purchasing / credit card program through PNC, using the Visa network. Vendors may receive payment through the purchasing card program for goods and services provided to the City in the same manner as other Visa purchases. Accordingly, Vendors that wish to accept payments in this manner must indicate that they have the ability to accept Visa or that they will take whatever steps are necessary to accept Visa before the start of the contract. The City of Sebastian reserves the right to revise and/or cancel this program at any time, and assumes no liability for such action. 30. PUBLIC RECORDS Florida law provides that municipal records shall at all times be open for personal inspection by any person. Section 119.01 F.S., The Public Records Law. Information and materials received by the City in connection with all Bidder's responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 10 days after the bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the Bidder believes any of the information contained in his or her response is exempt from the Public Records Law, then the Bidder must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. 10 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 1. 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 11 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)([), 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 OUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 12 THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted with Bid, Proposal or Agreement No. for T14E 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 sworn statement 3. My time 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 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. 7. 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. 13 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 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.) Date: STATE OF FLORIDA COUNTY OF (Signature) The foregoing instrument was acknowledged before me this _ day of , 2018 by (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. Nam - My Commission Expires: Commission Numbe- 14 BIDDER QUALIFICATION QUESTIONNAIRE (This from is not required to be included in the bid proposal submittal. However, prior to any Contract Award, such Bidder Qualification Questionnaire must be completed and submitted by the Bidder, and reviewed and approved by the City.) Submitted bit Name of Bidder General Contractor's License # Federal Identification # Principal Office Address: ( ) An Individual ( ) A Partnership ( ) A Corporation (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in road and utility construction work has your organization had as a 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 Comoletion Date Comnletion Date of Owner IS (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 any 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? 16 (10) How many applications for performance and payment bonds have you made in the last three (3) years? (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.) (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (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 percussion 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 non- responsibility with respect to such contractor. 17 (SIGNATURE OF BIDDER) (TYPE OR PRINT COMPANY NAME) (TYPE OR PRINT ADDRESS) m AGREEMENT THIS AGREEMENT, made this day of 2018, by and between the City of Sebastian, a municipality in Indian River County, Florida (hereinafter called the "City"), and Or its successors, executors, administrators, and assigns (hereafter called "Contractor"). WITNESSETH: The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows: Scope ofservices Contractor agrees to furnish concrete work meeting the requirements described in the TECHNICAL SPECIFICATIONS attached hereto as Exhibit "A", on an "as needed" basis in accordance with all applicable codes pursuant to Work Orders issued by the City. Contract Sam and Payment to Contractor. (a) Contract sum: During the term of this Agreement, the city shall pay Contractor the following unit prices for work as proposed in the Contractors bid proposal. (b) The City agrees to make payment within 30 days of proper invoicing. Contractor's Obligations: (a) Contractor shall supervise and have control over means, methods, techniques, sequences and procedures for performing the Work Orders, unless the terms of this Agreement give other specific instructions concerning these matters. (b) Unless otherwise provided in the Agreement, Contractor shall pay all sales, use and other similar taxes and shall secure and pay for all permits and governmental fees, licenses and inspections necessary for proper execution and completion of its obligations hereunder. The failure of any of the parties at any time to require performance of any provision of the Agreement shall in no manner affect the right of such party at any later time to enforce or require the same unless waived in writing. No waiver by any party of any condition or breach shall be construed or deemed to be a waiver of any other condition or nay other breach of any term, covenant or warranty contained in the Agreement. Indemnification and Hold Harmless The Contractor shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Contractor, its family, associates, contractors, agents, employees, customers and attendees. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. 19 Term of Contract (a) Contract tern is for three (3) years, commencing on and ending on . At its discretion, The City of Sebastian may offer and with mutual agreement of the Parties, two (2) additional one (1) year extensions to this Agreement under the same terms and conditions. (b) Rate adjustments may be requested one time each year of the agreement based on the Consumer Price Index. The Contractor may request additional rate changes based on extreme circumstances beyond the Contractors control. The City in its sole discretion may approve or deny such request. 6. City's Right To Terminate Contract And Complete (York In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever Contractor shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment for same. 7. Conflict In the event of any conflict between the provisions of this Agreement and any attachments hereto, the provisions of this Agreement shall prevail. 8. Public Records Form Contract Name: As Needed Concrete Services Project Description: As Needed Concrete Services In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall: a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terns and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon tetrination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. 9. Governing LawNenue: This Agreement shall be governed and construed in accordance with Florida Law. In the event that litigation arises involving the parties to this Agreement, venue for such litigation shall be in Indian River County, Florida. The paries hereto shall, and they hereby do, waive trial by jury in any action, proceeding or counterclaim brought by either of the paries hereto against the other on any matters whatsoever arising out of or in any way related to this Agreement. 10. Integration: The drafting, execution and delivery of this Agreement by the parties have been induced by no representations, statements, warranties or agreements other than those expressed in it. This Agreement including the Contractors Bid Proposal contains the entire agreement between the paries and there me no further or other agreements or understandings written or oral in effect between the parties relating to its subject matter. This Agreement cannot be changed or modified except by written instrument executed by all parties hereto. This Agreement and the terms and conditions hereto apply to, and are binding upon, the legal representatives, successors, and assigns of both parties. 11. Sevembility: If any term of this Agreement or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each tern of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Authorized Signature: Date: Print Title: Company/Firm: (Following Page for Signatures) 21 IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed its name on the date fast set forth above. ATTEST: THE CITY OF SEBASTIAN Jeanette Williams, CMC Paul E. Carlisle, City Manager City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: James D. Stokes, City Attorney CORPORATE SEAL: By: Secretary (Rest of Page Lek Intentionally Blank) 22 Technical Specifications Exhibit "A" Annual Concrete Work Contract 1. Scope of Work The scope of this specification is to form, poor and finish concrete driveways, sidewalks, or other miscellaneous concrete projects on an as needed basis. The scope of each individual project may vary depending upon the work to be completed. Each project will have a work order prepared by the City which will outline the work activity to be accomplished. In performance of this contract the Contractor shall be solely responsible and have control over the means, methods, techniques, sequences, procedures, and coordination of all portions of the work under the agreement unless the agreement document gives other specific instructions. 2. Related Documents Sebastian Code Chapter 90 Article III. Driveway Construction and Repair and the FDOT Standard Specifications 2018 or the latest version. 3. Special Terms and Conditions a. Contractor shall warranty all labor and materials for a period of one year. b. Contractor shall protect his work from the elements, traffic and pedestrians. C. Each project will be planned in a manner minimizing disturbance and inconvenience to property owners and the City. d. Inspections. The City may inspect at any time during the project construction. The Contractor shall notify the City 48 hours prior to the concrete pour and at completion of the project. C. Final Payment. Final payment shall be made in accordance with the signed agreement once all punch list items have been cleared. 4. Detailed Specifications a. Description: The Contractor shall form, pour and finish the concrete driveway and or sidewalk or other miscellaneous concrete projects (minimum 4" thick or as requested by the Department) in accordance with the provisions of this specification and according to details shown on plans when supplied with the work order. b. Materials: The concrete placed shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2018 or latest Edition, Sections 345: for Class I concrete 2500 psi (minimum 28 day breaking strength in accordance with ASHTO T-023) with polypropylene fiber mesh (1- I12bs/CY) thoroughly and uniformly mixed throughout. 23 C. Preparation: (Form and Pour) The subgrade shall be finished graded by contractor or the city and compacted (95%) prior to having any formwork placed on it. The Contractor shall erect metal or wooden forms on top of a prepared subgrade. All forms shall be set true to line and grade, and held rigidly in position to resist the pressure of poured concrete without springing. They shall be straight and free from warps and bends. d. Expansion joints: Asphaltic felt expansion joints, 'h" wide by 3-1/2" deep are to be placed at specified intervals. They shall be rigidly held in place during the placement of concrete. e. Contraction Joints: Contraction joints shall be saw cut with a concrete saw using a carbide or diamond tip blade. Each joint shall be approximately 1/8"-3/16' wide by 1" to 1 %:" deep. Joints shall be saw cut within 24 hours following placement of the concrete. Contraction joints shall be saw cut at specified intervals or 15' depending upon application. £ Finishing: the concrete surface shall be finished in strict accordance with ACI standard 302-69 "Recommended Practice for Concrete and Slab Construction", Chapter 7 "Consolidating and Finishing Sections" 7.1 and 7.2. See attached copy of 302.69. Final finishing shall be accomplished by the use of a soft broom or sponge used to provide the matching existing driveway or sidewalk. Sprinkling of the surface with dry cement or sand will not be permitted. g. Curing: the concrete shall be cured in accordance with ACI Standard 302-69 "Recommended Practice for Concrete and Slab Construction". h. Driveways will be a minimum of 4" thick with a 6" thick footer, l foot wide at the edge of road pavement. Driveways will vary in width and length. L MOT current procedures are required with type 11 barricades and signage on all driveway and sidewalk closures. 24 CITY OF SEBASTIAN, FLORIDA LOCAL VENDOR PREFERENCE POLICY Effective October 14, 2009, City of Sebastian adopted a local vendor preference reference, Ordinance No 09-13 as set forth below: Sec. 2-11. Local Vendor Preference Policy a. Definitions. (1) Local business means the vendor has: (a) A valid business tax receipt issued by the City of Sebastian, Indian River County, St. Lucie County, Martin County, Okeechobee County, Osceola County, or Brevard County at the time a bid or proposal is submitted, and (b) A physical address located within the local area, in an area zoned for the conduct of such business, from which the vendor is operating a significant portion of its business, and at which it maintains full-time employees. (2) Nonlocal business means any vendor that does not meet the definition of a business within the local area. (b) Establishment as local area business. To establish that a vendor is a local area business a vendor shall provide written documentation of compliance with the definitions for each such local business as defined in subsection (1) herein, at the time of submitting a bid or proposal. Post office boxes are not verifiable and shall not be used for the purpose of establishing the required physical business address. A vendor that misrepresents the local area status of its firm in a proposal or bid submittal to the city will lose the privilege to claim local preference status for a period of two years. (d) Local preference in purchasing and contracting. The City of Sebastian shall give preference to local area businesses in the purchase of commodities, person property, general services, personal property, general services, professional services, and the purchase of or contract for construction or renovation of public works or other public improvements by means of competitive bid. The city shall give such preference to local area businesses in the following manner. (1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive nonlocal business submits the lowest price bid and the lowest bid submitted by a qualified and responsive local area business is within five percent of the lowest bid, then the lowest bidding local area business shall have the opportunity to submit an offer to match the price submitted by the lowest nonfocal area business bidder. Within five working days after the posting of the qualified and responsive bids, any local area business that has submitted a bid within five percent of the lowest bid by a nonfocal area business, and that wants the opportunity to match the lowest bid, shall submit a written offer to match the lowest bid. If the lowest local area business submits an offer that matches the lowest bid submitted, then the award shall be made to such local business. 25 If the lowest local area business bidder declines or is unable to match the lowest bids, then the option to do so moves to the next local area business if its bid is within five percent of the lowest bids, and it is a qualified and responsive bidder. If the lowest bid is submitted by a qualified and responsive local area business, there is no local vendor preference. If a local area business accepts the opportunity to match the lowest bid of a nonlocal area business and that bid is based on unit price bid items and estimated quantifies, then the unit prices for all bid items shall be reduced in proportion to the reduction in the local area business's total bid amount required to match the lowest total bid. (2) Ties. In the event of any tie in the final bid price between a local area business, and a nonlocal area business, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local area business. In the event of any tie between a business located within the City of Sebastian shall be awarded the contract or receive the first opportunity to negotiate, as applicable. In the event of any two businesses located within the City of Sebastian, or two businesses located within the greater local area, the local vendor with the greatest number of full-time employees working in the City of Sebastian or the greater local area respectively shall be awarded the contract or receive the first opportunity to negotiate as applicable. (d) Exception to local vendor preference policy. The local preference policy set forth herein shall not apply to any of the following purchases or contracts: (1) Goods or services provided under a cooperative purchasing agreement or piggyback agreement; or (2) purchases or contract which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; or (3) purchases made or contracts let under emergency or noncompetitive situations, or for litigation related legal services, as described in the city's purchasing policies; or (4) purchases or contracts with an estimated cost of $5,000.00 or less; or (5) Purchases or contracts where the difference between the amount of the low bid submitted by a qualified and responsive nonlocal area business and the lowest bid submitted by a qualified and responsive local area business is greater than $25,000.00; or (6) Where all bids are rejected. (e) Waiver of the application for local vendor preference policy. Any request for the waiver of local preference to any particular purchase or contract must be head by the city council prior to advertising the bid. The city council, as the awarding authority, may approve the waiver of local preference upon review and at its discretion. 26 (f) Comparison and review of qualifications. The preferences established herein noway prohibit the right of the City of Sebastian to compare and review the quality of materials proposed for purchase, and to compare and review the qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Furthermore, the local preference established herein shall not prohibit the city from giving any other preference permitted by law in addition to the local preference contained herein. (g) Administration of local preference policy. This policy shall apply to all departments, functions and funds under the governance of the City of Sebastian, unless subsection (d) applies. (h) Dispute resolution. Any dispute arising under the provision of this section shall first be presented to the city manager for determination. The decision of the city manager shall be appealable to the city council, and the decision of the city council shall be final and binding on all parties. 27