HomeMy WebLinkAbout11-8-2021 Final ITB 22-02 MOWING SERVICES - R.O.W - CAO-PC Edit 11-8-21INVITATION TO BID
ITB #22-02
MOWING SERVICES FOR RIGHT OF WAY SWALE
AREAS AND DITCHES
City of Sebastian
1225 Main Street
Sebastian, FL 32958
PUBLIC FACILITIES DEPARTMENT
EVENT DATE TIME
RELEASE DATE:
Tuesday, November 9, 2021,
-
MANDATORY PRE-BID CONFERENCE:
Tuesday, November 16, 2021
10:00 PM, Local Time
QUESTIONS (DEADLINE) DUE DATE/TIME:
Tuesday, December 7, 2021
2:00 PM, Local Time
ITB DUE/BID OPENING:
Thursday December 16, 2021
2:00 PM, Local Time
POINT OF CONTACT:
Don Wixon
Procurement/Contracts Manager
Phone: (772) 388 – 8231
Email: dwixon@cityofsebastian.org
BID DELIVERY & BID OPENING LOCATION:
City of Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
*Dates in this schedule occurring after the release date may be amended by the City.
It is the Bidder’s responsibility to check for addenda amending any changes to this RFP.
In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability
requiring the use of a special accommodation at the pre-bid conference or bid opening should contact the
City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special
requirements.
ITB #22-02
Mowing Services – R.O.W Swale and Ditch
Page 2 of 37
INVITATION TO BID
The City of Sebastian is seeking sealed bids from interested bidders to perform mowing maintenance
services and other related work in Right of Way Swale Areas and Ditches located within the City. Sealed
bids, including one (1) clearly marked original, one (1) copy and one (1) electronic copy on a USB
drive, marked with the bidder’s name & address, bid number & title and bid opening date & time (lower
left corner of envelope) will be accepted until Bid Opening, 2:00 PM EST on Thursday, December 16,
2021.
All sealed bids must be delivered or mailed to:
City of Sebastian, FL
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Bid documents may be obtained from the City’s website www.cityofsebastian.org (Current Bids) or
www.demandstar.com
A MANDATORY pre-bid conference will be held on Tuesday, November 16, 2021, at 10:00 PM,
Local Time in the City of Sebastian Council Chambers at City Hall located at 1225 Main Street,
Sebastian, Florida 32958. All prospective Bidders are encouraged to attend this conference. Questions
concerning the project or bid requirements may be addressed at this time.
Questions concerning this project should be emailed to the Procurement/Contracts Manager at
dwixon@cityofsebastian.org no later than Tuesday, December 7, at 2:00 PM, Local Time. All
communication regarding this bid shall be directed only to this point of contact.
All bids are due by Thursday, December 16, 2021, 2:00 PM, Local Time. Bidders have the option to
submit electronically via www.demandstar.com, OR physically (in-person or mailed). In-person or
mailed submissions shall provide one (1) clearly marked original, one (1) copy and one (1) electronic
copy on a USB drive, marked with the Bidder’s name and address, ITB number and title with Solicitation
Opening date and time (lower left corner of envelope).
Bids duly submitted will be publicly opened and announced at the Bid Opening date and time specified
above. 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. Late Bids will
not be opened. Bidders have the option of picking up or paying for the mailed return of the unopened Bid.
If this option is not exercised within five (5) days of the Bid Opening, the late unopened Bid will be
disposed.
By: Don Wixon
Procurement/Contracts Manager
Published: Publication in the Indian River Press Journal
Date: Tuesday, November 9, 2021
IMPORTANT: Contact by a Bidder (or anyone representing a Bidder) regarding this ITB with the
City Council or a City employee/representative, from the date of release until after a contract is
approved by the City Council, other than the point of contact listed above, is grounds for
disqualification.
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Mowing Services – R.O.W Swale and Ditch
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TABLE OF CONTENTS
INVITATION TO BID ................................................................................................................................... 2
TABLE OF CONTENTS .............................................................................................................................. 3
DEFINITIONS .............................................................................................................................................. 3
SECTION 1 – GENERAL BID INFORMATION ........................................................................................... 4
SECTION 2 – BID REQUIREMENTS .......................................................................................................... 5
SECTION 3 - INSTRUCTIONS TO BIDDERS ............................................................................................. 6
SECTION 4 – GENERAL CONDITIONS ................................................................................................... 10
SECTION 5 – REQUIRED FORMS ........................................................................................................... 20
STATEMENT OF NO BID ..................................................................................................................... 20
SOLICITATION INFORMATION FORM ................................................................................................ 21
BID SUBMISSION CHECKLIST and BID LABEL…………………………………………………………...22
CONTACT INFORMATION SHEET ...................................................................................................... 24
REFERENCE LIST ................................................................................................................................ 25
BIDDER QUALIFICATION QUESTIONNAIRE ...................................................................................... 26
DRUG-FREE WORKPLACE FORM ...................................................................................................... 29
PUBLIC ENTITY CRIMES FORM ......................................................................................................... 30
NON-COLLUSIVE AFFIDAVIT .............................................................................................................. 34
SCRUTINIZED VENDOR CERTIFICATION ......................................................................................... 35
SUB-CONTRACTORS LISTING FORM ................................................................................................ 37
DEFINITIONS
Invitation to Bid: this Solicitation document, including any and all addenda.
Bid: submission in response to this Invitation to Bid.
Bidder: person or firm submitting a Bid in response to this Invitation to Bid, “pre-award”.
Contractor: selected Bidder that is awarded a contract to provide the goods or services to the City, “post-
award”.
City: refers to the City of Sebastian.
Contract or Agreement: Invitation to Bid, all addenda issued thereto, all affidavits, the signed agreement,
and all related documents that comprise the totality of the contract or agreement between the City and the
awarded Bidder.
Responsible Bidder: Bidder that has the integrity, reliability and capability in all respects to perform in full
the contract requirement as stated in the ITB.
Responsive Bidder: Bidder whose Bid fully conforms in all material respects to the ITB and its entire
requirement, including form and substance.
Days: refers to calendar days, unless otherwise stated.
Shall, Must & Will: Interpreted as mandatory language.
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1. SECTION 1 – GENERAL BID INFORMATION
1.1 SCOPE OF WORK
The City of Sebastian is seeking sealed bids from interested bidders to perform mowing
maintenance services and other related work in Right of Way Swale Areas and Ditches located
within the City. The awarded Contractor agrees to furnish all supervision, labor, materials, supplies,
equipment and tools necessary to perform mowing maintenance services at various locations throughout the
City of Sebastian, on an as-needed basis and as designated by the City of Sebastian in a good, firm,
substantial and workmanlike manner. Services include, but are not limited to, power blade edging, trash
pickup, shrubbery trimming, tree trimming and dead limb removal; quarter round cleaning. Refer to Exhibit A
– Technical Specifications.
1.2 PRE-BID CONFERENCE
A mandatory pre-bid conference is to provide potential bidders the opportunity to ask questions and receive
clarification regarding this ITB.
Date: Tuesday, November 16, 2021
Time: 10:00 PM EST
Location: City of Sebastian Council Chambers @ City Hall
1225 Main Street
Sebastian, Florida 32958
In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability
requiring the use of a special accommodation at the pre-bid conference or bid opening should contact the
City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special
requirements.
1.3 METHOD OF AWARD
The City, in its sole discretion, intends to award this Contract to the lowest, most responsive and responsible
Bidder whose price, experience and qualifications prove to be the most beneficial to the City. Bidders shall
have the organization, experience, capital, license, certification and equipment to carry out the provisions of
the Contract to the satisfaction of the City. The City reserves the right to reject low Bids, to waive
irregularities and/or inconsistencies in any Bid, and to award this Contract in a manner deemed to be in the
City’s best interest.
1.4 INITIAL CONTRACT TERM AND RENEWALS
The contract shall begin February, 1, 2022. The City intends for the initial contract term to be for two
(2) years, with the option to extend for two (2) one (1) year terms. Contingent upon budget approval,
the City reserves the right, but not an obligation, to exercise this extension option.
Proposed changes to pricing should be communicated, in writing, to the City sixty (60) days prior to contract
expiration. The Contractor, or Bidder shall provide documented proof, such as fuel cost adjustments, CPI,
or other factors, to justify any cost price increases. The intent to extend the contract will be by written
notification to the Contractor by the Procurement/Contracts Manger thirty (30) days prior to contract
expiration. Consideration of extension is dependent upon satisfactory performance by Contractor.
1.5 EXHIBITS
a. Exhibit A – Technical Specifications
Please refer to Exhibit A for the Technical Specifications.
b. Exhibit B – Maps
Please refer to Exhibit B for the maps locating Ditches, Quarter (1/4) Rounds and Storm
Water Park. Sections are indicated by a number ranging from 1-6. Pricing should be
based on the areas shown on map.
END OF SECTION
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2. SECTION 2 – BID REQUIREMENTS
2.1 TITLE PAGE
Title page showing the Bidder’s name and address, contact person and telephone number; ITB number and
title.
TAB #1 – COST OF SERVICES
2.2 BID PRICE FORM – APPENDIX A
The Bidder is required to enter cost of services on the Bid Proposal Price Form, Appendix A. A copy of the
Bid Price Form shall be included in the requested original, one (1) copy, and the one (1) electronic
copy of the bid in order for the bid submission to be considered.
Failure to fully complete and submit the Bid Price Form may result in rejection of the Bid.
TAB #2 – QUALIFICATIONS/EXPERIENCE
2.3 PROOF OF EXPERIENCE
Provide documentation that demonstrates the Bidder has a minimum of five (5) years of experience with
similar projects in the State of Florida. Include a list of projects of similar scope. It is recommended, not
required, that Bidder includes pictures or notes to prove quality of work and specific experience type.
Bidders may describe their techniques, equipment and sequencing of their operations with their bids.
2.4 PROOF OF LICENSE(S)
Bidder shall provide a copy of their business or contractor license and/or business tax receipt for City of
Sebastian or Indian River County as part of bid submission.
TAB #3 – FORMS
2.5 FORMS
All Forms required by the ITB shall be fully executed by the Bidder and submitted in the requested original,
copy, and the one (1) electronic copy (See Section 7, Forms).
TAB #4 – INSURANCE
2.6 INSURANCE
Certificate of Insurance: A copy of the Certificate of Insurance proving the types of Insurance and coverage
is required in the bid submission. Once resulting agreement is executed, it is the Contractor’s responsibility
to ensure that the City has a current Insurance Certificate at all times.
The Contractor shall obtain and maintain, during the term of the Services, and all applicable statutes of
limitation periods, the following insurance:
Comprehensive General Liability
an amount not less than:
• $1,000,000.00 Combined Single Limit per each occurrence
Worker’s Compensation
The Bidder shall submit and maintain worker’s compensation insurance to the extent
required by law for all their employees to be engaged in work under this contract. In case
any employees are to be engaged in hazardous work under this contract and are not
protected under the worker’s compensation statute, the bidder shall provide adequate
coverage for the protection of such employees.
Automobile Liability
an amount not less than:
• $1,000,000.00 Combined Single Limit per each occurrence
Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s): the City of
Sebastian and its council members, officers, employees and agents.
END OF SECTION
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3. SECTION 3 - INSTRUCTIONS TO BIDDERS
3.1 CONE OF SILENCE
Bidders shall not communicate in any way with City staff or the City Council other than the
primary contact listed herein. This restriction shall be effective from the time of bid advertisement
until an award is made by the City Council. Such communication may result in disqualification.
3.2 REQUIRED COPIES
One (1) original, one (1) copy and one (1) electronic copy of the bid submittal shall be submitted.
Please refer to the Bid Submission Checklist for all requirements.
3.3 SEALED BIDS
Bids shall be enclosed in a sealed envelope which shall show (lower left corner) the Bidder’s
name and address, ITB number and title, along with the solicitation due date and time. The Bid
shall be submitted no later than the solicitation due date and time mentioned on the Invitation to
Bid. The City will not be responsible for opening any Bids that are not clearly marked. Bids
shall be handwritten or typed with (black or blue) ink. Any erasures or corrections must be
initialed by the Bidder in ink. Handwritten submissions must be legible.
1.1 BIDS NOT CONSIDERED
Bids not considered are late submissions, telegraphed, emailed or faxed Bids and Bids which do
not conform to the instructions contained in the Invitation to Bid. However, Bids may be withdrawn
by fax or email, provided that such notices are received 3 days prior to the solicitation due date
and time and confirmed by a telephone call.
1.2 LATE BIDS
Late Bids will not be opened. Bidders have the option of picking up or paying for the mailed
return of the unopened Bid. If this option is not exercised within five (5) days of the solicitation
due date, the late unopened Bid will be disposed.
3.4 SOLICITATION OPENING/BID OPENING
Bidders are welcome to attend the solicitation opening; however, attendance is not mandatory.
Bids shall be opened and publicly announced on the date, time and location specified on the
Invitation to Bid, unless otherwise stated in the form of an addendum. Bids awarded will be
posted within five (5) business days to DemandStar and the City’s website
www.cityofsebastian.org, or www.demandstar.com.
3.5 ACCEPTABLE BIDS
Bids shall be handwritten or filled in with (black or blue) ink. Any erasures or corrections must be
initialed by the Bidder in ink. Handwritten submissions must be legible.
3.6 NO BID
If unable to submit a Bid, please complete and return the “Statement of No Bid” form prior to the
Bid Opening date shown herein. Return by email (dwixon@cityofsebastian.org) or by mail.
3.7 BID EXAMINATION
In accordance with Chapter 119, Florida Statutes, bid files will be made available for public
inspection at the time the City posts notice of its decision or intended decision concerning
contract awards, or thirty (30) days after the response opening, whichever is earlier. Bid files may
be examined during normal working hours, by appointment only, by contacting the
Procurement/Contract’s Manager office at 772-388-8231.
3.8 REQUIRED INFORMATION
Bidders shall follow all instructions and provide all required information and forms to be
considered for award. Bidders wishing to qualify for consideration of exception for all or any
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portion of the bid shall provide a hand printed or typed explanation on the bid or separate
attachment to be submitted with the bid.
3.9 CONFIDENTIAL INFORMATION
Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to
be submitted may be exempt from the Public Records Law. Therefore, any submitted financial
statements that the Bidder wishes to remain confidential shall be submitted in a sealed opaque
envelope and marked “Confidential Financial Statement Enclosed.” By submission of a response
to this ITB the Bidder agrees to indemnify and hold the City harmless should any information
marked as confidential knowingly or unknowingly be released as the result of a public records
request.
3.10 ADDENDA
Addenda may be issued in response to any inquiry received by the Question deadline date and
time specified herein. The revisions, additions, deletions, clarification, etc. shall become part of
and have precedence over anything shown or described otherwise. If not mentioned in the
addenda, all other documents, specifications, drawings, terms and conditions remain the same.
The Bidder should not rely on any representation, statement or explanation, whether written or
verbal, other than those made in the Solicitation documents or in the addenda issued. It is the
Bidder’s responsibility to ensure receipt of all addenda and any accompanying attachments
before submitting Bid. The Bidder is required to include all addenda signed with bid submission.
Where there appears to be a conflict between Solicitation and any addenda, the last addendum
issued shall prevail. It shall be the Bidder’s sole responsibility to ensure receipt of all
addenda and acknowledge all addenda issued by checking the City Website
www.cityofsebastian.org and www.demandstar.com.
3.11 BID GUARANTEE
The Bidder shall warrant the unit prices, terms, and conditions quoted in the Bid will be for a
period of not less than ninety (90) days from the solicitation opening date. Such unit prices, terms
and conditions shall remain for the contract period.
3.12 DRUG-FREE WORKPLACE
The Drug-Free Workplace form, as attached hereto, shall be submitted with the bidding
documents.
3.13 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. 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.
3.14 BIDDER QUALIFICATION QUESTIONNAIRE
Bidders shall include the completed Bidder Qualification Questionnaire with the bid submission.
3.15 REFERENCES
A list of three (3) client References is required to be submitted with the Bid submission (form
attached). These three (3) references shall be capable of speaking to the Bidder’s experience
and performance, within the last five (5) years. It is preferred these references be for projects
performed for public/government agencies. Failure to submit a list of references with valid contact
information may result in the bid being deemed non-responsive and may not be considered for
award.
3.16 LIST OF SUB-CONTRACTORS
A list of Sub-Contractors is required with the Bid submission. Failure to submit a list of Sub-
Contractors may disqualify your Bid.
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3.17 INSURANCE, LICENSING, CERTIFICATION, AND/OR REGISTRATION
Any bids received without Proof of Licenses or Proof of Insurance may be considered non-
responsive and immediately disqualified. The insurance company selected shall be A+ or better
per the Best’s Key Rating Guide. The Contractor and the insurance company(s) shall agree to
furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance.
It is the full responsibility of the Contractor to ensure that all sub-contracts have full insurance
coverage as stated above. Neither the Contractor, nor sub-contractor, shall commence work
under this contract until all insurance required under this contract is obtained and proof of
insurance is submitted to the City.
3.18 CORRECTIONS, CANCELLATION, & WITHDRAWAL
Bidders may be asked to provide further information after bid opening to determine the
responsibility of the vendor.
3.18.1 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.
3.18.2 Mathematical Errors: Errors in extension of unit prices or in mathematical calculations
may be corrected by the Procurement/Contracts Manager. In cases of errors in
mathematical computations, the unit prices shall not be changed.
3.18.3 Cancellation or Postponement: The City of Sebastian Procurement/Contracts Manager
may cancel or postpone the bid opening or cancel the Invitation to Bid in its entirety.
3.18.4 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.
3.18.5 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.
3.19 ITB AWARD
The contract/agreement will be awarded, in the City’s sole discretion, to the lowest, most
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 determined by the City. The Procurement/Contracts Manager shall issue a
Notice of Award to the successful Bidders and post on the City’s website and DemandStar.
3.20 REJECTION OF BIDS
The City, in its sole discretion, 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 non-conforming, 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.
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3.21 FINANCIAL STABILITY
The Bidder must be financially stable and if requested, shall be able to substantiate financial
stability to the City’s satisfaction as a precondition of any contract award. Upon written request, all
Bidders’ shall be prepared to supply an annual financial statement, (preferably a certified audit of
the last available fiscal year, including income and balance sheets), within five (5) business days
of request. The City reserves the right to request additional documentation from the Bidder and to
request reports on financial stability from independent financial rating services. The City reserves
the right to reject any Bid that does not demonstrate financial stability sufficient for the scope of
this contract award.
END OF SECTION
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SECTION 4 – GENERAL CONDITIONS
4.1 COUNCIL MEETING
Contractor must attend City Council meetings when required. Contractor must be prepared to
answer any questions and/or provide a presentation if requested by Council and/or authorized by
the City representative. The recommended Bidder has the option to attend City Council meeting
for approval of award. Date and time of this meeting will be publicly released.
4.2 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, City Council members included; further, all Bidders must disclose the name of any City
employee or Council member, 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 Contractor, or Bidder permanently or temporarily hire any City employee or Council
member, who is, or has been, directly involved with the Contractor, or Bidder prior to or during
performance of the resulting contract, the Agreement shall be subject to immediate termination by the
City.
4.3 NOTICE TO PROCEED
The awarded Contractor shall not commence any Work, nor enter a Worksite, until a written
Notice to Proceed (NTP) directing the awarded Contractor to proceed with the Work has been
issued by the City; provided, however, that such notification shall be superseded by any
emergency Work that may be required in accordance with the provisions included elsewhere in
this Bid and resulting Contract.
4.4 INDEMNIFICATION/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. The selected Bidder shall pay all claims and losses in connection
therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the
name of the City, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney’s fees which may be incurred thereon. The selected Bidder expressly
understands and agrees that any insurance protection required by this contract agreement or
otherwise provided by the selected Bidder shall in no way limit the responsibility to indemnify,
keep and save harmless, and defend the City or its officers, employees, agents, and
instrumentalities as herein provided.
This Space Intentionally Left Blank
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4.5 METHOD OF PAYMENT
4.5.1 Florida Prompt Payment Act
Payment shall be made in accordance with Section 218, Part VII of the Florida Statutes.
4.5.2 Invoicing
The City shall provide partial payments for Work completed by the Contractor during
various phases of the Work assignment in accordance with the unit pricing provided in their
bid submittal subject to an agreement maximum or not to exceed amount.
The Contractor shall provide fully documented invoices, which indicates the listed basic
information. It shall be understood that such invoices shall not be authorized for payment
until work is inspected by the respective City representative and payment is approved.
All invoices shall contain the following basic information:
4.5.2.1. CONTRACTOR INFORMATION: • The name of the business organization as specified on the Contract between
City and Contractor • Date of invoice • Invoice number • Contractor’s Federal Identification Number on file with the State
4.5.2.2. CITY INFORMATION:
• City Purchase Order Number
4.5.2.3. PRICING INFORMATION:
• Unit price of the goods, Services or property provided • Extended total price of the goods, Services or property • Applicable discounts
4.5.2.4. GOODS OR SERVICES PROVIDED PER CONTRACT:
• Description
• Quantity
4.5.2.5. DELIVERY INFORMATION:
• Delivery terms set forth within the City Purchase Order • Location and date of delivery of goods, services or property
Failure to submit invoices in the prescribed manner will delay payment.
The City will pay the contract price minus any liquidated damages, back charges and/or other
damages to the Contractor upon final completion and acceptance.
4.6 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 exempt 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.
4.7 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 and/or State or
Federal appropriations.
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4.8 LIQUIDATED 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 Work Order as stipulated in the agreement, and bidding documents.
Said damages shall be deducted by the City from monies due to Contractor.
4.9 SITE INSPECTION AND DUE DILLIGENCE
Bidders are required to visit the project site and become familiar with any conditions which may
affect the work to be done or affect the equipment, materials and labor required to successfully
complete the project, prior to submitting their bid. Moreover, Bidders are also obligated to
carefully examine the project specifications and exercise due diligence regarding any and all pre-
existing conditions at the project site which may in any manner affect the work to be performed
under the Contract. No additional allowances shall be made due to the Bidder’s lack of
knowledge of the project requirements and site conditions.
The Contractor shall be responsible for inspecting and documenting the pre-existing conditions of
the project site. Any damage to public and/or private property resulting either directly or indirectly
from the execution of the project by the Contractor shall be repaired or replaced at the sole
expense of the Contractor in a manner acceptable to the City. Such properties may include, but is
not limited to, roads, driveways, sod, walls, underground utilities, trees, landscaping, etc. Prior to the commencement of Work, the Contractor shall submit to the appropriate City staff
photographs and/or video recordings of any pre-existing damage to the roadways, driveways,
tree trunks or limbs, approaches, sod, facilities, utilities and ancillary improvements located at the
project site and/or any surrounding areas to be accessed and/or utilized by the Contractor.
Failure to properly document such pre-existing conditions and to submit said documentation as
required, may render the Contractor liable to repair any such damage at no expense to the City.
4.10 FAILURE TO PERFORM
In the event that the Contractor fails to commence work on the project in a timely manner or if the
Contractor proceeds to work on the project in an inappropriate or protracted manner, the City may
notify the Contractor to cease and desist all work on the project. If so, the City may pursue any
and all remedies available to it including, but not limited to, requesting that the surety complete
the work, calling on the next lowest responsive and responsible Bidder to finish the work or
advertising for bids and award a new contract for the uncompleted work and charge any
additional costs incurred by the City, regardless of the course of action chosen by the City, to the
originally awarded Contractor.
4.11 WORK ACCEPTANCE
This Project will be inspected by an authorized representative of the City. This inspection shall be
performed to determine acceptance of Work, appropriate invoicing, and warranty conditions.
4.12 PROTECTION
The Contractor shall be solely responsible for pedestrian and/or vehicular safety and guidance
within the work site and shall provide the necessary warning devices, barricades and ground
personnel needed to provide safety, protection and warning to persons and vehicular traffic within
the area (i.e. Maintenance of Traffic). All safety devices shall have suitable and sufficient lighting
for the prevention of accidents and shall meet the minimum standards mandated by Federal,
State and local laws and regulations during all times until the project is completed and accepted
by the City.
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4.13 ACCIDENT PREVENTION AND BARRICADES
Precautions shall be exercised at all times for the protection of persons and property. Mowers,
which require operator occupancy, shall have a “SLOW MOVING VEHICLE” sign mounted on the
back when being used or working within fifteen (15) feet of the roadway. All electrical equipment
shall be properly grounded.
All Contractors performing Services under Contract shall conform to all relevant OSHA, State and
City regulations during the course of such effort. Any fines levied by the above mentioned
authorities for failure to comply with these requirements shall be borne solely by the Contractor.
Barricades shall be provided by the Contractor, at their expense, when Work is performed in
areas traversed by persons, or when deemed necessary by the City Project Manager.
Contractor shall assume full responsibility for any damage to any mangroves, land or areas or to
the owner or occupant of any contiguous land, areas, or property resulting from the performance
of Services.
Contractor shall cause a minimum of inconvenience to the public and to local business activities
and shall ensure that the public roadways and any improvements in the vicinity of the work site
remain open to the public, whenever it doesn’t pose a safety and/or health hazard.
Contractor shall maintain suitable and sufficient guards, barriers and lighting for the prevention of
accidents. The Contractor shall comply with all applicable minimum safety standards required by
local, County, State and Federal regulations.
4.14 HOURS OF WORK & EMPLOYEE CONDUCT
The Contractor may only perform work during the hours of 7:00 AM to 7:00 PM Monday-Friday
and 8:00 AM to 5:00 PM Saturday-Sunday, excluding holidays.
The Contractor shall ensure that all personnel assigned to work on this project on their behalf
must be dressed appropriately and clean at all times. Any person who is present on the job site
on behalf of the Contractor must be provided and display on their clothing proper identification at
all times.
All employees of the awarded Contractor shall be considered to be sole employees of the
contactor at all times under the Contractor’s sole direction and not an employee or agent of the
City of Sebastian. Moreover, the Contractor shall be solely responsible for the conduct and
behavior of all persons working on their behalf on this project and the City may require the
Contractor to remove any person it deems careless, incompetent, insubordinate or otherwise
objectionable and whose presence on City property is not in the best interest of the City.
The Contractor shall have an “On Duty” supervisor present at the job site who speaks and reads
English at all times throughout the course of the project.
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4.15 CLEAN UP
All unusable materials and debris shall be disposed of in an appropriate manner. Upon final
completion, the Contractor shall thoroughly clean up all areas where Work was done as mutually
agreed upon with the City’s department requesting services.
Contractor shall at all times, during the performance of Services, keep the Worksite free and clear
of all rubbish and debris. Any material or waste generated by Contractor or its employees, agents
and Subcontractors shall be removed and disposed of by the Contractor at its expense, to the
satisfaction of the City.
In the event Contractor fails to remove all rubbish, debris, materials and waste from the Worksite,
the City may employ labor and equipment necessary to clear the site and charge Contractor for
the City’s cost incurred cleaning the site.
Contractor shall restore in an acceptable manner or replace all property, both public and private,
which has been displaced or damaged by the Contractor during the execution of the work.
Contractor shall leave the Worksite unobstructed and in a neat and presentable condition. The
term “property” shall include, but is not limited to, roads, sidewalks, curbs, driveways, walls,
fences, landscaping, awnings, utilities, footings and drainage structures.
4.16 EXCEPTIONS TO SPECIFICATIONS
Exceptions to the specifications shall be listed on the Bid Form and shall reference the section.
4.17 FEDERAL AND STATE REGULATIONS
The Contractor shall comply with all applicable Federal, State, and local rules and regulations that
apply to the execution and satisfactory completion of the project.
4.18 LABOR, MATERIALS AND EQUIPMENT SHALL BE SUPPLIED BY CONTRACTOR
Unless otherwise provided in this Solicitation the Contractor shall furnish the following, including
but not limited to, all labor, material, equipment, barricading, adequate supervision, and
coordination for satisfactory Contract performance. When not specifically identified in the
technical specifications, such materials and equipment shall be of a suitable type and grade for
the purpose stated in this Solicitation. All equipment shall comply with all D.O.T. regulations,
display all the necessary signs, and have all lights operating properly (including warning,
emergency, and strobe). The Contractor shall immediately remove any equipment that fails to
comply with D.O.T. regulations, or display the necessary signs; does not have lights working
properly, or it unsafe to operate. All materials, Services, workmanship, and equipment shall be
subject to the inspection and approval of the City’s Project Manager.
4.19 SUBCONTRACTORS AND EMPLOYEES
The Bidder is required to identify any and all Subcontractors and/or suppliers that will be used in
the performance of the proposed Contract and to clearly identify in their submission the
percentages of Work to be performed by their subcontractors.
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4.20 WAIVER OF IRREGULARITIES
The City may waive minor informalities or irregularities in Bids received where such is merely a
matter of form and not substance, and the correction or waiver of which is not prejudicial to other
Bidder. Minor irregularities are defined as those that will not have an adverse effect on the City's
interest and will not affect the price of the Bids by giving a Bidder an advantage or benefit not
enjoyed by other Bidders.
4.20.1 In no event will any such elections by the City be deemed to be a waiving of the Project
criteria.
4.20.2 The Contractor who is selected for the Project will be required to fully comply with the
Project criteria for the Price Bid, regardless that the Solicitation may have been based on
a variation from the Project criteria.
4.20.3 The Contractor shall identify separately all innovative aspects as such in the technical
Solicitation. Innovation should be limited to Bidder’s means and methods, approach to
Project, use of new products, and new uses for established products.
4.21 QUESTIONS AND/OR REQUESTS FOR CLARIFICATION
Any questions and/or requests for clarification regarding this Solicitation shall be submitted in
writing to the Procurement/Contracts Manager via email at dwixon@cityofsebastian.org. Bidders
must clearly understand that the only official answer or position of the City will be the one issued
by the Procurement/Contracts Manager via an Addendum.
The Solicitation number and title shall be referenced on all correspondence, be sure to include
the page and paragraph number for each question in order to ensure that questions asked are
responded to correctly. All questions must be received no later than the time and date specified in
the Invitation to Bid and At-A-Glance timetable, as noted on the front page. All responses to
questions/clarifications will be published in the form of an addendum. NO QUESTIONS WILL BE
RECEIVED VERBALLY OR AFTER SAID DEADLINE. Addenda will be made available on the
City’s website (www.cityofsebastian.org) and DemandStar (www.demandstar.com) and it is the
Bidder’s sole responsibility to assure receipt of all (if any) addenda(s).
4.22 CO-OPERATIVE PURCHASING
It is the intent of the Invitation to Bid to secure goods or services to be used by the City of
Sebastian. However, by virtue of bidding, the Contractor accepts the right of other Government
Entities to “piggyback” purchase from this ITB 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.
4.23 DISCRIMINATION
The 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.
4.24 PURCHASING CARD PROGRAM
The City of Sebastian has implemented a purchasing card program through PNC Bank, 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
who wish to accept payments in this manner must indicate that they have the ability to accept
Visa or 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. A valid and complete invoice is still required to process
payment using Purchasing Card.
4.25 PUBLIC RECORDS
Section 119.01 F.S., The Public Records Law, provides that municipal records shall at all times
be open for personal inspection by any person. Information and materials received by the City in
connection with all Bidder's responses shall be deemed to be public records subject to public
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inspection upon award, recommendation for award, or thirty (30) 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, 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.
4.26 SCRUTINIZED COMPANIES LISTS
Contractor certifies that it is not listed on (a) the Scrutinized Companies that Boycott Israel List,
created pursuant to Section 215.4725, Florida Statues, or is engaged in a boycott of Israel; (b)
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida
Statutes; or (c) is engaged in business operations in Cuba or Syria. Contractor further
understands and accepts that any contract issued as a result of this bid shall be subject to
Section 287.135, Florida Statutes, and subject to immediate termination by the Clerk in the
event there is any misrepresentation or false certification on the part of Contractor.
4.27 TERMINATION OF CONTRACT WITH CAUSE
The City reserves the right to suspend or terminate the agreement with or without cause provided
at least ten (10) days written notice of such termination given to the Contractor.
4.28 TERMINATION OF CONTRACT WITHOUT CAUSE
Either party may terminate this Agreement by giving the other party thirty (30) days written
notice. In the event of termination, City will be responsible for compensating Contractor, or
bidder only for those Services satisfactorily completed or partially completed up to the date
of termination. Contractor shall not be entitled to compensation for loss of anticipated profit.
This Space Intentionally Left Blank
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4.29 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, or Indian River 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.
(c) 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 nonlocal 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 nonlocal
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 area
business.
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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 quantities, 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 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 heard 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.
(f) Comparison and review of qualifications. The preferences established herein no way 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.
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(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.
END OF SECTION
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SECTION 5 – REQUIRED FORMS
STATEMENT OF NO BID
If your firm is unable to submit a Bid, please complete and return this form prior to the Bid
Opening date shown herein. Return by email (dwixon@cityofsebastian.org) or by mail to:
CITY OF SEBASTIAN
ATTN: PROCUREMENT
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
Company’s Name:
Company Address:
Phone No:
We have declined to propose on ITB #22-02 Mowing Services for R.O.W Swale Areas and
Ditches, for the following reason(s) (mark all that applies):
Do not offer the good(s) or service(s) required
Our schedule would not permit us to perform responsibly
Unable to meet specifications
Unable to meet insurance/eligibility requirements
Specifications unclear (please explain below)
Other (please specify below)
REMARKS
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
_____________________________
Signature
_____________________________
Print Name / Title
_____________________________
Date
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SOLICITATION INFORMATION FORM
Please submit this form to assist us in learning more about how our solicitation opportunities are most
often found.
Company’s Name:
Company Address:
Phone No:
Please tell us how you found out this Request for Proposal was released/available (mark all that applies):
Indian River Press Journal (TCPalm)
DemandStar/Onvia
City of Sebastian Web Site
Other (please specify below)
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BID SUBMISSION CHECKLIST/BID LABEL
Please use the following checklist as a reference document to confirm all requirements are met in your
ITB submission. This checklist must be submitted as part of the Bid submission. Please be advised
that this checklist should not be interpreted as a comprehensive list of all information required by this
Solicitation from prospective Bidders. It simply serves as a guide for the most significant documents to be
included in the Bid submission and should be enhanced as deemed necessary. It is solely the Bidder’s
responsibility to read and understand all requirements and adhere to all issued addenda.
Requirements OFFICE USE ONLY
One (1) original copy of the proposal (bearing original
signatures)
One (1) copy of the proposal
One (1) electronic copy of proposal (USB)
Title Page
Bid Submission Checklist – ----------------------------------FORM A
Signed Addenda, if applicable
TAB #1 – COST OF SERVICES
Appendix A: Bid Price Form
TAB #2 – QUALIFICATIONS/EXPERIENCE
Proof of Experience
Proof of License(s)
TAB #3 - FORMS
Contact Information Sheet – ---------------------------------FORM B
Reference List – -------------------------------------------------FORM C
Bidder Qualification Questionnaire (3 pages) – ---------FORM D
Drug-Free Workplace Form –------------------------------FORM E
Public Entity Crimes Form (4 pages) – --------------------FORM F
Non-Collusive Affidavit – --------------------------------------FORM G
Scrutinized Vendor Certification (2 pages) – ------------FORM H
Subcontractor Listing Form – --------------------------------FORM I
TAB #4 – INSURANCE
Proof of Insurance
FORM
E
FORM
A
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Clearly mark the following on the outside of the sealed bid in the lower left corner of the
envelope:
Bidder’s
Name:
Bidder’s
Address:
Bid #:
ITB # 22-02
Bid Title:
Mowing Services for Right of Way
Swale Areas And Ditches
Bid Opening: Thursday, December 16, 2021 @ 2:00 PM EST
IMPORTANT: Failure to submit the requested copies or complete and submit the required forms may
result in submittal being deemed non-responsive and removed from consideration.
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CONTACT INFORMATION SHEET
DUE DATE: Bids due on or before 2:00 PM EST at
City of Sebastian
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Thursday, December 16, 2021
Check Addenda for any revised opening dates before submitting
your bid. Bid(s) received, after the date and time stated above,
shall not be considered for award. Faxed bids are not allowed
and will not be considered for award.
ITB NO.:
#22-02
RELEASE DATE:
11-09-21
CONTACT:
Don Wixon,
Procurement/Contracts Manager
(772) 388-8231
dwixonr@cityofsebastian.org
ITB TITLE:
MOWING SERVICES FOR RIGHT OF WAY
SWALE AREAS AND DITCHES
Bidder’s Name and “Doing Business As”, if applicable:
Address: “REMIT TO” ADDRESS FOR PAYMENT: If payment(s) is/are to be mailed
to address other than as stated on left, please complete section below.
Check this box if address is the same as stated on the left.
City: Address:
State: Zip Code: City:
Telephone Number: State: Zip Code:
Fax Number: Contact:
E-Mail Address of Authorized Representative: Telephone Number:
Federal Tax Identification Number: Fax Number:
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, the sites and the location conditions affecting the
work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and
furnish all equipment and labor necessary for the performance of the Services in a good, firm, substantial and workmanlike manner.
Signature of Authorized Representative (Manual)
Name of Authorized Representative (Typed or Printed)
Title
FORM
B
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REFERENCE LIST
Bidder’s Name:
Bidder must provide the contact information for a minimum of three (3) references in which
similar work was performed within the last five (5) years.
Reference #1
Company Name:
Location (City, State):
Date of Service:
Contact Person:
Contact Number:
Email Address:
Reference #2
Company Name:
Location (City, State):
Date of Service:
Contact Person:
Contact Number:
Email Address:
Reference #3
Company Name:
Location (City, State):
Date of Service:
Contact Person:
Contact Number:
Email Address:
Failure to fully complete and submit this form may result in rejection of the Bid.
FORM
C
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BIDDER QUALIFICATION QUESTIONNAIRE
Page 1 of 3
The undersigned certifies under oath the truth and correctness of all statements and all answers to
questions made hereinafter. Additional sheets may be attached if required.
Bidder’s Name:
Principal Office Address:
Contact Person:
Title:
Phone No.:
Email Address:
Federal Identification No.:
This Business is:
( ) An Individual ( ) A Partnership ( ) A Corporation
Bidder’s License No.:
*Attach certificate of status, competency, and/or state registration
(1) How many years has this organization been in business under the present business
name?
(2) How many years of experience does this organization have in the work specified in this
ITB? _____
As a Subcontractor? _______________________
(3) List the names and titles of all officers, partners or individuals doing business under the
present business name.
NAME TITLE
FORM
D
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BIDDER QUALIFICATION QUESTIONNAIRE
Page 2 of 3
(4) 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.
(5) 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 ITB. (Use
additional sheets if necessary). Include the type of work similar to the work included in
this contract is possible.
PROJECT TITLE CONTRACT
AMOUNT
REQUIRED
COMPLETION DATE
ACTUAL
COMPLETION DATE
NAME / ADDRESS / PHONE
OF OWNER
(6) Have you ever failed to complete any work awarded to you? If yes, where and why?
(7) Has any officer or partner of your organization ever been an officer or partner of some
other organization that failed to complete a grant administrative service contract? If so,
state name of individual, name of other organization, and reason therefore.
FORM
D
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BIDDER QUALIFICATION QUESTIONNAIRE
Page 3 of 3
(8) Has any officer or partner of your organization ever failed to complete any service
contract(s) handled in his own name? If so, state name of individual, name of owner and
reason therefore.
(9) Has your firm been in disputes or litigations in the last five (5) years over mowing services
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.)
(10) What is the organizations’ bonding capacity?
(11) What amount of your bonding capacity has been used as of the date of this bid?
*************************************************************************************************************
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 non- responsibility with
respect to such contractor.
(SIGNATURE OF BIDDER)
If a BIDDER intends to subcontract any portion of the work, the Subcontractor Listing must
be fully completed and submitted with the bid.
Failure to fully complete, sign and submit this Questionnaire may result in rejection of the Bid.
FORM
D
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DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
that ____________________________________________________ does:
Bidder’s Name
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.
_____________________________
Signature
_____________________________
Print Name
_____________________________
Date
Failure to sign and submit this Drug-Free Workplace Form may result in rejection of the Bid.
FORM
E
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PUBLIC ENTITY CRIMES FORM
Page 1 of 4
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)(f), 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 sworn 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.
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
FORM
F
ITB #22-02
Mowing Services – R.O.W Swale and Ditch
Page 31 of 37
PUBLIC ENTITY CRIMES FORM
Page 2 of 4
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. ITB #19-08 for
Mowing Services for Right of Way Swale Areas and Ditches to
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 sworn 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
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 a joint 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.
FORM
F
ITB #22-02
Mowing Services – R.O.W Swale and Ditch
Page 32 of 37
PUBLIC ENTITY CRIMES FORM
Page 3 of 4
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.
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.)
FORM
F
ITB #22-02
Mowing Services – R.O.W Swale and Ditch
Page 33 of 37
PUBLIC ENTITY CRIMES FORM
Page 4 of 4
Sign: ________________________________
Print Name: __________________________
Date: ________________________________
STATE OF FLORIDA
COUNTY OF __________________
The foregoing instrument was acknowledged before me this _____ day of __________,
_______, 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.
Name:
My Commission Expires:
Commission Number:
This Space Intentionally Left Blank
Failure to fully complete, sign and submit this Public Entity Crimes Form may result in rejection of the Bid.
FORM
F
ITB #22-02
Mowing Services – R.O.W Swale and Ditch
Page 34 of 37
NON-COLLUSIVE AFFIDAVIT
STATE OF ____________________
COUNTY OF __________________
_______________________________________ being first duly sworn, deposes and says that:
BIDDER is the ____________________________________________________________,
(Owner, Partner, Officer, Representative or Agent)
BIDDER is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said BIDDER nor any of its officers, partners, owners, agents, representative,
employees or parties in interest, including this affidavit, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other BIDDER, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted; or to refrain from bidding in connection with such Contract; or have in any manner,
directly or indirectly, sought by agreement or collusion, or communications, or conference with
any BIDDER, firm, or person to fix the price or prices in the attached Bid or any other BIDDER,
or to fix any overhead, profit, or cost element of the Bid Price or the Bid Price of any other
BIDDER, or to secure through any collusion conspiracy, connivance, or unlawful agreement any
advantage against (Recipient), or any person interested in the proposed Contract;
The price of items quoted in the attached Bid are fair and proper and are not tainted by
collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any
other of its agents, representatives, owners, employees or parties in interest, including this
affidavit.
Subscribed and sworn to before me this _____ day of _________________________,2021
Notary Public Name:
Notary Public Signature:
My Commission Expires: ___________________
Failure to fully complete, sign and submit this Affidavit may result in rejection of the Bid.
FORM
G
ITB #22-02
Mowing Services – R.O.W Swale and Ditch
Page 35 of 37
SCRUTINIZED VENDOR CERTIFICATION
Page 1 of 2
CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135
I, on behalf of ,
(Printed Name) (Company Name)
certify that, does not:
(Company Name)
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of
Sebastian shall provide notice, in writing, to the Contractor of the City’s determination
concerning the false certification. The Contractor shall have ninety (90) days following the
receipt of the notice to respond in writing and demonstrate that the determination of false
certification was made in error. If the Contractor does not demonstrate that the City’s
determination of false certification was made in error then the City shall have the right to
terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits state agencies and departments, and local
government entities from: 1) Contracting with companies for goods or services in any amount if
at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the
company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for
goods or services over $1,000,000.00 that are on either the Scrutinized Companies with
activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are
engaged in business operations in Syria.
FORM
H
ITB #22-02
Mowing Services – R.O.W Swale and Ditch
Page 36 of 37
SCRUTINIZED VENDOR CERTIFICATION
Page 2 of 2
As the person authorized to sign on behalf of the Contractor, I hereby certify that the company
identified above in the section entitled "Contractor Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either
the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not
engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida
Statutes, the submission of a false certification may subject the company to civil penalties,
attorney's fees, and/or costs. I further understand that any contract with the Council for goods or
services may be terminated at the option of the Council if the company is found to have
submitted a false certification or has been placed om the Scrutinized Companies with Activities
in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List.
Company name
Signature
Print name
Title
Date
Failure to fully complete, sign and submit this Certification may result in rejection of the Bid.
FORM
H
ITB #22-02
Mowing Services – R.O.W Swale and Ditch
Page 37 of 37
SUB-CONTRACTORS LISTING FORM
Bidder’s Name: Phone #:
ITB Title:
Mowing Services for Right of Way
Swale Areas and Ditches
ITB #:
22-02
NOTE: List all subcontractors you invited to bid on this project, whether they were selected or not.
If subcontractors will not be used on this agreement, check the box below. Form must be submitted
with your bid. Use additional sheets if necessary.
The City reserves the right to reject any bid if the bid names a subcontractor who has previously
failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature,
or who is not in a position to perform under this award. The City reserves the right to inspect all
facilities of any subcontractor in order to make a determination as to the foregoing.
Company
Name Work To Be
Performed
Contact
Person
Telephone
Number
1.
2.
3.
4.
5.
6.
I affirm that Subcontractors will not be used to complete the project under this
agreement.
Print Preparer’s Name: Title:
Signature:
Date:
Failure to fully complete, sign and submit this form may result in rejection of the Bid.
FORM
I