Loading...
HomeMy WebLinkAbout10-20-2022 City Hall Flooring Bid DocumentPage 1 of 30 INVITATION TO BID ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACEMENT Contact Person Brian Benton Leisure Services and Facilities Director Phone: (772) 228-7057 Email: bbenton@cityofsebastian.org EVENT DATE TIME RELEASE DATE: THURSDAY, OCTOBER 20, 2022 - PRE-SOLICITATION MEETING (MANDATORY): THURSDAY, OCTOBER 27, 2022 10:00 AM Local Time QUESTIONS DUE: TUESDAY, NOVEMBER 1, 2022 2:00 PM Local Time ITB DUE/BID OPENING: WEDNESDAY, NOVEMBER 9, 2022 2:00 PM Local Time PROPOSED SCHEDULE RECOMMENDATION OF AWARD – CITY COUNCIL MEETING MONDAY, NOVEMBER 21, 2022 6:00 PM Local Time BID DELIVERY: 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. The City reserves the right to delay or modify dates and will notify Bidders/Bidders of all changes. It is the Bidder/Bidder’s responsibility to check for addenda associated with to this solicitation. 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 #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 2 of 30 INVITATION TO BID City of Sebastian seeks bids from Contractors for replacement of carpet flooring and cove base inside the City of Sebastian City Hall on the 2nd floor. The awarded contractor is responsible for supplying the flooring, and supplying, at its own expense, all supervision, labor, equipment, machines, tools, materials, transportation and anything necessary to perform work. Work shall include the removal and disposal of all old flooring. Floor preparation, to include patching, new flooring material and its installation, cove base and complete installation. All flooring shall be prepped and installed per manufacturer’s written instruction, supplies and expertise necessary for providing services. The square foot area is approximately 3925 square feet. This is a turn-key project. This Invitation to Bid (ITB) and related documents are available for download online at www.cityofsebastian.org (Current Bids), DemandStar.com and VendorLink.com. A Mandatory Pre-Solicitation Meeting will be held on Thursday, October 27 2022, at 10:00 A.M. Local Time in the City of Sebastian City Hall. Measurements by contractors can be taken at this time. The deadline to submit questions concerning this ITB will be Tuesday, November 1, 2022, at 2:00 P.M. Local Time. Any and all questions should be emailed ONLY to the Procurement/Contracts Manager at dwixon@cityofsebastian.org. All communication regarding this ITB shall be directed to the same point of contact. Contact by a Bidder (or anyone representing a Bidder) regarding this ITB with the City Council or a City employee/representative other than the point of contact listed above, is grounds for disqualification. ITB documents and any addenda may be obtained from the sites listed above, or by contacting the Procurement Division. It will be the sole responsibility of the Bidder to determine if any addenda have been issued prior to submitting a Bid. All bids are due by Wednesday, November 9 by 2:00 PM Local Time. Bidders will have the option to submit electronically by DemandStar.com, or physically (in-person or mailed). In-person or mailed submissions shall provide one-(1) clearly marked original, and two-(2) copies, marked with the Bidder’s name and address, ITB number and title with Solicitation Opening date and time (lower left corner of envelope). All physical, in-person submissions must be delivered or mailed to: City of Sebastian Don Wixon ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 Late Bids will not be opened or announced. Bidders of late Bids 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 Opening date, the late, unopened Bid will be disposed. 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: Don Wixon Procurement/Contracts Manager Advertised: Tuesday, October 18, 2022 The City of Sebastian supports Equal Opportunity Employment, Fair Housing, Drug Free Workplace and Providing Handicapped Access. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 3 of 30 TABLE OF CONTENTS INVITATION TO BID .................................................................................................................................................2 TABLE OF CONTENTS .............................................................................................................................................3 DEFINTIONS ................................................................................................................................................................3 SECTION 1 – GENERAL INFORMATION .............................................................................................................4 SECTION 2 – BID REQUIREMENTS ......................................................................................................................8 SECTION 3 - INSTRUCTIONS TO BIDDERS ........................................................................................................9 SECTION 4 – GENERAL CONDITIONS ...............................................................................................................11 SECTION 5 – FORMS ...............................................................................................................................................16 MAILING LABEL ..................................................................................................................................................16 BID CHECKLIST ....................................................................................................................................................17 CONTACT INFORMATION SHEET – FORM A .................................................................................................18 ADDENDA ACKNOWLEDGEMENT – FORM B ...............................................................................................19 REFERENCE LIST – FORM C .............................................................................................................................20 SUB-CONTRACTORS LIST – FORM D ...............................................................................................................21 BIDDER’S DISCLOSURE – FORM E ...................................................................................................................22 DOCUMENT NOTIFICATION AFFIDAVIT – FORM F .....................................................................................23 STATEMENT OF NO RESPONSE ........................................................................................................................24 SOLICIATION INFORMATION FORM ...............................................................................................................25 SECTION 6 - SPECIAL TERMS AND CONDITIONS………………………..…….…….………………… 26 – 28 SECTION 7 - SCOPE OF WORK & PROPOSAL FORM……………….…………....……………………….29 - 30 DEFINITIONS Invitation to Bid (”ITB”): This Solicitation document, including any and all addenda. Bid: Submission in response to this ITB. Bidder: Person or Bidder submitting a Bid in response to this ITB, “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 Contractor. 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 who’s 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. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 4 of 30 1. SECTION 1 – GENERAL INFORMATION 1.1 SCOPE OF WORK The contractor is responsible for supplying the carpet flooring, cove base molding, adhesives, and supplying, at its own expense, all supervision, labor, equipment, machines, tools, materials, transportation and anything necessary to perform work. Work shall include the removal and disposal of all old flooring. Floor preparation, to include patching, new flooring material and its installation, cove base and complete installation. All flooring shall be prepped and installed per manufacturer’s written instruction. The square foot area is approximately 4,400. This is a turn-key project. See Scope of Work, Proposal Form on pages 32, and 33. 1.2 AGREEMENT TERMS This ITB will result in a one-time agreement for completion of the scope of work described herein, with twenty five-25 business days from the date indicated in the Notice to Proceed (NTP). Intended start date is December 5, 2022. The City seeks a Contractor that will provide timely completion and adhere to the agreed upon schedule. 1.3 LIQUIDATED DAMAGES The City shall be entitled to liquidated damages in the amount of fifty (50.00) dollars 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. 1.4 PROJECTION COORDINATION Contractor must commit to participating in a pre-contract meeting and regularly scheduled (weekly or bi- weekly) project coordination meetings with the City’s Project Manager. Throughout the duration of the project adhere to all CDC guidelines concerning COVID-19 shall be followed. 1.5 INDEMNIFICATION The CONTRACTOR or its SUB-CONTRACTORS shall indemnify and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR or its SUB-CONTRACTORS and other persons employed or utilized by the CONTRACTOR or its SUB-CONTRACTORS in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the CONTRACTOR or its SUB-CONTRACTORS shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR OR ITS SUBCONTRACTORS shall pay any cost and reasonable attorneys’ fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. 1.6 CONFLICT OF INTEREST The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal to the City the name of any officer, director, or agent who is also an employee of the City. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 5 of 30 1.7 NO LOBBYING All Proposers and its officers, partners, owners, agents, representatives, employees or parties in interest are hereby placed on notice that any communication, whether written or oral, with City elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Procurement Division personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for proposals, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the City, Mayor, and City Council have made a final and conclusive determination. 1.8 NO COLLUSION Proposer and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached RFP, and of all pertinent circumstances respecting the provision of the goods or services to the City, the Proposal, or offer being made is genuine and is not collusive or a sham. By submitting a Proposal to this RFP, Proposer certifies that all information contained in the Proposal is truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this Proposal is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. Proposer further certifies that Proposer has not divulged, discussed, or compared this Proposal with other Proposals and has not colluded with any other Proposer or parties to a Proposal. Any violation of this provision will result in the cancellation and/or return of Proposal’s materials (as applicable) and the removal of Proposal from the list(s). 1.9 IMMIGRATION LAWS The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”). Refer to E-Verify Acknowledgment in solicitation documents. 1.10 DRUG-FREE WORKPLACE In accordance with Florida Statute Section 287.087, Proposer certifies the following: 1.10.1. A written statement is published notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. 1.10.2. Employees are informed about the dangers of drug abuse in the work place, the Proposer’s policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. 1.10.3. Employees are notified that as a condition of working on the commodities or contractual services being solicited, they will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written statement to acknowledge their receipt. 1.10.4. The Proposer/employer imposes a sanction, or requires 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. 1.10.5. Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 6 of 30 1.11 PUBLIC ENTITY CRIMES 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, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "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. “Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: 1.11.1. A predecessor or successor of a person or a corporation convicted of a public entity crime, or 1.11.2. 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, or 1.11.3. Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or 1.11.4. A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. PROPOSER CERTIFIES THAT NEITHER THE ENTITY PROPOSING, NOR ANY OF ITS 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. WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENT ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL. 1.12 DEBARMENT AND SUSPENSION Proposer certifies to the best of its knowledge and belief that it and its principals: 1.12.1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 1.12.2. Have not within a three-year period preceding this application been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 1.12.3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 1.12.4. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENTS ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 7 of 30 1.13 SCRUTINIZED COMPANIES Proposer certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City, that it: 1.13.1. Does not participate in a boycott of Israel; and 1.13.1. Is not on the Scrutinized Companies that Boycott Israel List; and 1.13.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 1.13.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 1.13.4. 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 Proposer of the City’s determination concerning the false certification. The Contractor shall have sixty-(60) 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 Proposer determines, using credible information available to the public, that a false certification has been submitted by Proposer, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal. 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 proposing on, proposing 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, Florida Statutes, 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 Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector list, created pursuant to Section 215.473, Florida Statute, or are engaged in business operations in Cuba or Syria. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Proposer certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List; engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations in Cuba or Syria. 1.14 E-VERIFY In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive Order 11-02; Certification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the Contractor must comply with the Employment Eligibility Verification Program developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The Contractor shall (1) enroll in the U.S. Department of Homeland Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the Contract (3) utilize E- Verify to verify the employment eligibility of all employees assigned to the Contract; and (4) shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Information on registration for and use of the E-Verify system can be obtained at the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify. END OF SECTION ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 8 of 30 2. SECTION 2 – BID REQUIREMENTS 2.1 TRANSMITTAL LETTER Bidder shall submit a letter of interest signed by an authorized representative to contractually obligate and bind the Bidder. The Bidder or authorized representative is attesting that the information provided is current and factual. The letter shall include: • Date • Name and address of Bidder • Name of Contact Person, telephone number and email address TAB #1 – BID FORM & SCHEDULE 2.2 BID FORM Use the Bid Form to provide pricing for the Scope of Work (SOW) listed on pages 33. This is a guarantee that the listed information will be used to fulfill the SOW. 2.3 SCHEDULE Include the estimated schedule based on the anticipated proceed date of December 5th, 2022 and total turn- key completion within 25 days. TAB #2 – EXPERIENCE 2.4 EXPERIENCE Provide a list of projects completed by Bidder to demonstrate the Bidder’s experience with similar projects in the State of Florida. Include pictures or notes to prove quality of work. Bidders can describe their techniques, equipment and sequencing of their operations. Bidder’s shall have a minimum of five-(5) years of experience with projects of similar size and scope of work. TAB #3 – INSURANCE & LICENSES 2.5 INSURANCE A Certificate of Insurance (COI) is required in the Bid. NOTE: All coverages (except Worker’s Compensation) shall name the City as “additional insured.” The following insurance should be obtain and maintain, during the term of this agreement: General Liability Insurance: Not less than $1,000,000 Combined Single Limit per each occurrence. Automobile Liability: Not less than $500,000 Combined Single Limit. Worker’s Compensation: In accordance with Florida Statutes 440, maintain worker’s compensation insurance to the extent required by law for all their employees to be engaged in Work under this contract. 2.6 LICENSES Bidder shall provide a copy of a State of Florida General Contractor license. TAB #4 – REQUIRED FORMS 2.7 FORMS All Forms required by the ITB shall be fully executed by the Bidder and submitted. Refer to Section 5. Contact Information Sheet – FORM A Sub-Contractor List – FORM D Addenda Acknowledgement – FORM B Bidder’s Disclosure – FORM E Reference List – FORM C Document Notification Affidavit – FORM F END OF SECTION ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 9 of 30 3. SECTION 3 - INSTRUCTIONS TO BIDDERS 3.1 CONE OF SILENCE Potential Bidders shall not communicate in any way with City staff or the City Council other than the primary contact listed herein. Cone of Silence shall be effective from the time of advertisement until an award is made by the City Council. Such communication may result in disqualification. 3.2 REQUIRED COPIES One (1) clearly marked original, two (2) copies of the Bid shall be submitted. Please refer to the Bid Checklist (Form A) for guidance on 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. 3.4 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 prior to the solicitation due date and time and confirmed by a telephone call. 3.5 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. 3.6 SOLICITATION 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 received will be posted within two (2) business days to DemandStar and the City’s website. 3.7 ADDENDA Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time specified herein or to provide revisions, additions, deletions, clarification, etc. Addenda 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. It is the Bidder’s responsibility to ensure receipt of all addenda and acknowledge all addenda issued. Where there appears to be a conflict between Solicitation and any addenda, the last addendum issued shall prevail. 3.8 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 top ranked Bidder, and the right to disregard all non-conforming, non-responsive, imbalanced, or conditional Bids. More than one Bid from an individual, Bidder 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 Bids for the same work. 3.9 BID GUARANTEE The Bidder shall warrant that the unit prices, terms, and conditions quoted in the Bid shall be for a period of not less than ninety-(90) days from the solicitation opening date. Such unit prices, terms and conditions shall remain in effect for the contract period. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 10 of 30 3.10 CORRECTIONS, CANCELLATION, & WITHDRAWAL Bidders may be asked to provide further information after the solicitation opening to determine the responsibility of the vendor. 3.10.1. Waiver of Technicality: Information shall not be considered after the bid opening if it has been specifically requested to be provided with the Bid as this becomes a matter of responsiveness. The Bid shall be considered responsive if it substantially conforms to the requirements of the ITB. 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. 3.10.2. 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. 3.10.3. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the ITB in its entirety prior to award. 3.10.4. Withdrawal: Prior to any published bid opening date and time, a Bidder may withdraw his or her Bid in writing. A fax or email is permitted for this purpose, provided it is confirmed by a telephone call. 3.10.5. Amendments: Prior to the published Solicitation due date and time, a Bidder may amend the Bid provided that it is in writing, in a sealed envelope, and identified. 3.11 ITB AWARD The contract/agreement will be awarded to the lowest, most responsive and responsible Bidder who’s Bid, conforming to the specifications and terms the City considers in its sole discretion is most advantageous. The Procurement/Contracts Manager shall issue a Notice of Award to the successful Bidder and post the results on the City’s website and DemandStar. 3.12 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. 3.13 BID EXAMINATION In accordance with Chapter 119, Florida Statutes, solicitation 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 solicitation opening, whichever is earlier. Solicitation files may be examined during normal working hours, by appointment only, by contacting the City Clerk’s office at 772-589-5330. END OF SECTION ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 11 of 30 4. SECTION 4 – GENERAL CONDITIONS 4.1 CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose any conflict of interest with their Bid, including the name of any employee, board member or elected official(s) of the City of Sebastian; Further, all Bids must disclose the name of any City employee or Council member, who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder’s Bidder or any of its branches. Should the successful Bidder permanently or temporarily hire any City employee or Council member, 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. 4.2 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 Request for Qualifications and At-A-Glance timetable. All responses to questions/clarifications will be published in the form of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Addendum(s) 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. 4.3 EXCEPTIONS TO SPECIFICATIONS Request for exceptions to the specifications shall be listed in the Bid and shall reference the section. Any exceptions to the General or Special Conditions may be cause for the Bid to be considered non-responsive. 4.4 SUBCONTRACTORS AND EMPLOYEES The Bidder is required to identify any and all Sub-Contractors and/or suppliers that will be used in the performance of the proposed Agreement and to clearly identify in their Bid the percentages of Work to be performed by their Sub-Contractors. 4.5 EXCEPTIONS TO SPECIFICATIONS Request for exceptions to the specifications shall be listed in the Bid and shall reference the section. Any exceptions to the General or Special Conditions may be cause for the Bid to be considered non-responsive. 4.6 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 Bidders. Minor irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the price or terms of the submission by giving a Bidder an advantage or benefit not enjoyed by other Bidders. 4.6.1. In no event will any such elections by the City be deemed to be a waiving of the required criteria for the requested services. 4.6.2. The Contractor who is selected for the Project will be required to fully comply with the Project criteria, regardless that the Solicitation may have been based on a variation. 4.6.3. Bidders shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Bidders means and methods, approach to Project, use of new products, and new uses for established products. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 12 of 30 4.7 DELETION OR MODIFICATION OF SERVICES The City reserves the right to delete or modify any portion of the contracted services at any time with or without cause, and if such right is exercised by the City, the total costs shall be reduced at the same ratio as the estimated costs of the Services. 4.8 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. 4.9 SUSPENSION AND DEBARMENT City of Sebastian will not make award to parties listed on the government-wide exclusions in the System for Award Management (SAM). 4.10 COUNCIL MEETING The awarded Bidder must be available to attend City Council meetings, when required. The awarded Bidder must be prepared to answer any questions and/or provide a presentation if requested by Council and/or authorized by City representative(s). The awarded Bidder is not required to attend the City Council meeting for recommendation of award, but attendance is welcome. The date and time of the City Council meeting will be publicly noticed. 4.11 NOTICE TO PROCEED The Contractor shall not commence any Work, nor enter a Worksite, until a written Notice to Proceed (NTP) directing the awarded Bidder to proceed with the Work has been issued by the City; provided that such notification shall be superseded by any emergency work that may be required in accordance with the provisions included elsewhere in this ITB and resulting Contract. 4.12 PAYMENT – FLORIDA PROMPT PAYMENT ACT Payment shall be made in accordance with Section 218, Part VII of the Florida Statutes. 4.13 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. 4.14 TERMINATION FOR CAUSE OR CONVENIENCE The agreement resulting from this ITB can be terminated immediately for cause if Contractor is found to have failed to perform services in a manner satisfactory to the City; or the City may terminate without cause upon thirty (30) days’ written notice to the Bidder. In the event of either termination, the Bidder shall be compensated for all services performed to the City’s satisfaction. The City shall be sole judge of non- performance. 4.15 CO-OPERATIVE PURCHASING It is the intent of the Request for Qualification 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 Bid by mutual consent and where applicable by law. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. 4.16 DISCRIMINATION The Bidder 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. The City of Sebastian will not knowingly do business with vendors, Bidders, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 13 of 30 4.17 SCRUTINIZED VENDOR CERTIFICATION Bidder 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. Bidder further understands and accepts that any contract issued as a result of this Solicitation shall be subject to Section 287.135, Florida Statutes, and subject to immediate termination by the City in the event there is any misrepresentation or false certification on the part of Bidder. 4.18 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 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 / EMAIL jwilliams@cityofsebastian.org CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 4.19 PROTEST PROCEDURE Any actual or prospective bidder or Bidder who is aggrieved in connection with a competitive selection process may protest to the Procurement/Contracts Manager. The protest shall be submitted in writing within seven (7) calendar days after the bidder or Bidder knows or should have known of the facts giving rise to the protest. 4.19.1. Decision - If the protest is not resolved by mutual agreement, the Procurement/Contracts Manager shall promptly investigate the basis of the protest and, after consultation with the City Manager, originating department, the City Attorney and any other person or entity deemed necessary, the Procurement/Contracts Manager shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Procurement/Contracts Manager to be directly affected by the decision. The decision shall: A. State the decision and the basis for the decision, and B. Set forth the protestor’s right to administrative review. 4.19.2. Administrative Review – If the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager and/or City Council, provided written notice of such appeal shall be submitted by the protestor to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award. At the sole discretion of the City, the City’s determination shall be final and binding on both parties. 4.19.3. Stay of Procurement – In the event of a timely and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 14 of 30 4.20 LOCAL VENDOR PREFERENCE 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 Bid 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 Bid. 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 Bidder in a Bid 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, 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 qualified and responsive 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 business. 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 qualified and responsive 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 qualified and responsive 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 qualified and responsive 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. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 15 of 30 (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, Bidders or corporations submitting bids or Bids. 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. END OF SECTION ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 16 of 30 6. 7. SECTION 5 – FORMS MAILING LABEL Cut along the outer border and affix this label to the sealed envelope to identify it as a Sealed Solicitation Submittal. SEALED ITB • DO NOT OPEN SOLICITATION #: ITB #22- SOLICITATION TITLE: CITY HALL 2ND FLOOR CARPET REPLACEMENT DUE DATE/TIME: Wednesday, November 9, 2022 @ 2:00 PM LOCAL TIME SUBMITTED BY: Bidder’s Name Bidder’s Address Bidder’s Address DELIVER TO: City of Sebastian ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 17 of 30 BID CHECKLIST Please use the following checklist as a reference document to confirm all requirements are met in your ITB 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 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. Bidders have the option to submit electronically via VendorLink.com OR physically (in-person or mailed). In- person submissions shall provide one (1) clearly marked original, two (2) copies. Requirements OFFICE USE ONLY Transmittal Letter (Refer to Section 2.1) TAB #1 – BID FORM & SCHEDULE (Refer to Sections 2.2 – 2.3) Bid Form – FILLABLE EXCEL OR HANDWRITTEN PDF Schedule TAB #2 – EXPERIENCE (Refer to Sections 2.4) Experience TAB #3 – INSURANCE & LICENSES (Refer to Sections 2.5 & 2.6) Certificate of Insurance (COI) & Licenses TAB #4 – REQUIRED FORMS (Refer to Section 2.7) Contact Information Sheet – FORM A Addenda Acknowledgment – FORM B Reference List – FORM C Sub-Contractors - FORM D Bidder’s Disclosure – FORM E Document Notification Affidavit - FORM F PLEASE ENSURE THE MAILING LABEL IS AFFIXED TO THE SEALED ENVELOPE. 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. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 18 of 30 CONTACT INFORMATION SHEET Failure to fully complete and submit this Information Sheet may result in rejection of the submittal DUE DATE: Bids due on or before 2:00 PM LOCAL TIME: City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 Wednesday, November 9, 2022 Check Addenda for any revised opening dates before submitting your Bid. Bid(s) received, after the date and time stated above, will not be opened. ITB NO.: #22-12 RELEASE DATE: Thursday, October 20, 2022 CONTACT: Don Wixon Procurement/Contracts Manager (772) 388-8231 dwixon@cityofsebastian.org ITB TITLE: CITY HALL 2ND FLOOR CARPET REPLACEMENT Bidder’s Name and “Doing Business As”, if applicable: Federal Tax Identification Number: Address: City: State: Zip Code: Telephone No: Fax No: E-Mail Address of Authorized Representative: I certify that I have carefully examined the ITB document and associated documents, including Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this bid/Bid is truthful to the best of my knowledge and belief and that I am duly authorized to submit this bid/Bid on behalf of the Bidder names above and that the Bidder is ready, willing, and able to perform if awarded. In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the goods and /or services specified in the ITB at the prices or rates in my bid/Bid and prices will remain Bidder for a period of ninety-(90) days in order to allow the City adequate time to evaluate the bid/Bids. __________________________________________________________________ Signature of Authorized Representative (Manual) __________________________________________________________________ Name of Authorized Representative (Typed or Printed) __________________________________________________________________ Title 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. FORM A ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 19 of 30 ADDENDA ACKNOWLEDGEMENT Bidder’s Name: Phone #: ITB Title: CITY HALL 2ND FLOOR CARPET REPLACEMENT ITB #: 22-12 Bidder shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their Bid to be considered non- responsive. To confirm the number of addenda (if any), Bidder may contact the Procurement Division at (772) 388-8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 No Addenda was received in connection to this solicitation. Print Preparer’s Name: Title: Signature: Date: Failure to fully complete, sign and submit this Form may result in rejection of the submittal FORM B ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 20 of 30 REFERENCE LIST Bidder’s Name: List a minimum of three (3) client references that can speak to the Bidder’s experience and performance, within the last five (5) years. The City will send Reference Check Surveys via email to the references provided. If the contact information is incorrect or the reference does not respond, the Bidder will lose points awarded for this criterion. Reference #1 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #2 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #3 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Failure to fully complete and submit this List may result in rejection of the submittal FORM C ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 21 of 30 SUB-CONTRACTORS LIST Bidder’s Name: Phone #: ITB Title: CITY HALL 2ND FLOOR CARPET REPLACEMENT ITB #: 22-12 NOTE: List all sub-contractors you invited to bid on this project, whether they were selected or not. If sub-Contractors 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 Bids if the Bidder names sub-Contractors who have 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 sub-Contractor 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 sub-contractor(s) will not be used to complete projects 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 submittal FORM D ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 22 of 30 BIDDER’S DISCLOSURE 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: Address: Contact Person: Title: Phone No.: Email Address: Federal Identification No.: This Business is: ( ) An Individual ( ) A Partnership ( ) A Corporation Bidder’s License No., if applicable: *Attach certificate of status, competency, and/or state registration (1) Has your Bidder or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years? YES NO (2) Has your Bidder, or any member of your Bidder, been declared in default, terminated or removed from a contract or job related to the services your Bidder provides in the regular course of business within the last five (5) years? YES NO (3) Has your Bidder had against it or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is related to the services your Bidder provides in the regular course of business? YES NO (4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ (5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write NONE. _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. ************************************************************************************************************** ******************************** I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sebastian. Signature Date Failure to fully complete, sign and submit this Disclosure may result in rejection of the submittal FORM E ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 23 of 30 DOCUMENT NOTIFICATION AFFIDAVIT STATE OF ____________________ COUNTY OF __________________ I, acknowledge that I have legal authorization (Printed Name) to contractually bind _________, (Company Name) I acknowledge that as part of my response to this solicitation I have read and reviewed copies of the following documents/notifications, attached: • Conflict of Interest Disclosure • Drug-Free Workplace Provisions • Public Entity Crimes Notification • Non-Collusive Affidavit • E-Verify Acknowledgement • Immigration Laws Notification • Scrutinized Vendor Certification • No Lobbying Notification • Debarment and Suspension Certification I hereby swear or affirm that I have read and that I understand and accept all the requirements and regulations imposed by the above-referenced documents and that I acknowledge and accept that the above-referenced documents and all terms and conditions contained therein are included in the response to this solicitation. Signature Date The foregoing Affidavit was subscribed and sworn to before me this _____ day of _________________________, 2022, by __________________________________ who is personally known to me or who has produced _______________ as identification and who did take an oath. Notary Public Name: Notary Public Signature: Notary Commission Expiration: __________________ Failure to fully complete, sign and submit this Affidavit may result in rejection of the submittal FORM F [Notary Seal] ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 24 of 30 STATEMENT OF NO RESPONSE If your Bidder is does not intend on submitting a Bid, please complete and return this form prior to the Solicitation 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 Name: Company Address: Phone Number: We are not responding to ITB #22-12, CITY HALL 2ND FLOOR CARPET REPLACEMENT 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/scope of services Unable to meet minimum requirements Insufficient time allowed for preparation of response Project/Budget too small Specifications unclear – too vague, rigid, etc. (please explain below) Other (please specify below) REMARKS _____________________________________________________________________________________________ _____________________________________________________________________________________________ __________________________________________ _____________________________ Signature _____________________________ Print Name / Title _____________________________ Date ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 25 of 30 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 Invitation to Bid was released/available (mark all that applies): Indian River Press Journal (TCPalm) DemandStar/Onvia City of Sebastian Web Site VendorLink Other (please specify below) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 26 of 30 SECTION 6 - SPECIAL TERMS AND CONDITIONS 6.1 General: Any increase to the work shall be performed only after execution of a written change order by an authorized Project Manager and a revised purchase order. The awarded Contractor shall leave all work sites in a neat and orderly fashion at the end of each workday. The awarded Contractor shall be responsible for the pick-up of all rubbish and/or debris. Rubbish and/or debris will not be deposited into the City’s facilities refuse containers. At completion of work, the awarded Contractor will remove all work materials, tools, construction equipment and machinery from the work site and will leave the City facility in ready to use condition. The City of Sebastian reserves the right to inspect all work prior to payment. The awarded Contractor shall promptly correct all work rejected by an authorized City of Sebastian representative as defective. The awarded Contractor will bear all costs of correcting such rejected work. The awarded Contractor will at all times enforce strict discipline and good order among their employees and agents and will not employ anyone unskilled in the task assigned to them. The City of Sebastian sites are drug and alcohol free. The awarded Contractor who performs contractual services on the premises must advise their personnel for compliance purposes. The awarded Contractor will be responsible for the appearance of all working personnel assigned to the project at all times and their compliance with City’s Policies and Rules. 6.2 Air Quality: Appropriate air quality must be maintained in each facility. As such, the awarded Contractor must vacuum affected areas rather than sweeping. Ventilation as needed is to be arranged with the City of Sebastian designated representative. Plastic sheeting shall be used to divide areas so dust, fumes, gasses, or volatile organic compounds etc., is maintained in the immediate work area. 6.3 Floor Preparation/Repairing: The awarded Contractor shall be responsible for preparation of the existing floor to meet manufacturer’s installation requirements. Floor shall be clean and free of dust, oil, grease, latence, loosely bonded topping, loose particles or any other deleterious substances and debris which may prevent or reduce adhesion. 6.4 Other Preparation/Repair Work: The awarded Contractor will be responsible for any other preparation or repair work that is required to complete the installation. 6.5 A ten-(10) year warranty for flooring commencing on the date of completion. Completion shall be determined by an authorized City of Sebastian representative. During the warranty period, the awarded Contractor must repair and/or replace product without cost to the City of Sebastian with the understanding that all replacements shall carry the same guarantee as the original product. The awarded Contractor shall make any such repairs and/or replacements immediately upon receiving notice from City of Sebastian. 6.6 A lifetime warranty shall apply to any moisture mitigation system. The awarded Contractor must repair and/or replace product without cost to the City of Sebastian with the understanding that all replacements shall carry the same guarantee as the original product. The awarded Contractor shall make any such repairs and/or replacements immediately upon receiving notice by the City of Sebastian. 6.7 All bidders must include a written factory certification from the flooring manufacturer in their submittal. The written factory certification must state they are certified to install product(s) listed in the bid sheet submittal. Failure to include written factory certification from the flooring manufacturer may result in disqualification. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 27 of 30 6.8 Service Requirements: Due to the fact the contractor will be entering a City building, the City requires performance times for goods and services. The contractor shall notify the City’s project manager within 24 (twenty-four) hours if service requirements will not be met as specified in the Notice to Proceed. Performance/Work times are as follows: 7:30 A.M. Local Time to 8:00 P.M. Local Time, Sunday through Saturday. 6.9 Onsite Safety Requirements: While performing services for the City of Sebastian, the awarded Contractor shall be responsible for any damage to the City of Sebastian property, personal property or visitor property due to negligence on the part of the awarded Contractor, their employees or other agents. The awarded Contractor agrees to repair, at its own expense, any damage that was caused by the awarded Contractor, their employees or their agents. The Contractor must not drive or park equipment on grass, sidewalks, or patios, etc. If concerns are raised about excessively wet conditions on grassy areas, the Contractor must contact the Project Manager for recommendations or workarounds prior to commencing the work. The Contractor must show reasonable attempt, after notifying the Project Manager, to avoid damage to City property under all conditions. Any property damages by the Contractor or a representative during the services shall be repaired, replaced and/or cleaned to the satisfaction of the Project Manager, including damage to finished surfaces and spilled liquids, resulting from the performance of the Agreement. The City shall incur no costs for damage repairs. The Contractor understands that all services described in this solicitation document shall be coordinated with the Project Manager and performed with minimal disruption to the functions of the department and Project Manager. The Contractor shall ensure that the performance of services shall not interfere with the department’s services. All services shall meet safety requirements for the department personnel, pedestrian and vehicular traffic and shall be left clean and in an orderly manner. Adequate barricades shall be erected and maintained all around areas where equipment and materials are stored and used. The Contractor shall ensure there is adequate ventilation for the type of coating, cleaning materials, or chemicals used. This project within facilities that are occupied, necessary precautions are required and shall be made to ensure fumes, gasses, or volatile organic compounds used shall be low VOC so as not to spread throughout the facility through ventilation equipment. If necessary, the awarded contractor shall consult product labels for recommendations and shall follow all product recommendations. Low VOC shall mean a product with VOC not exceeding 150 grams/liter. 6.10 Protection of Worksite: The Contractor must protect all existing and newly installed work, materials, equipment, improvements, utilities, sidewalks, patios, grass, structures, and vegetation during the execution of goods and services under this Agreement. Adequate barricades shall be erected and maintained around areas where equipment and materials are stored and used. Any Contractor-damaged property shall be repaired or replaced to the satisfaction of the Project Manager or City. The Contractor must report to the City’s Project Manager any damage found to any work at the job site. The Contractor shall be responsible for any loss or damage to its own materials, supplies and equipment, and to the personal property of its employees while they are maintained on the work site. A project shall not be completed until incurred damages, if any, have been repaired and the worksite is cleaned to the satisfaction of the Project Manager or City. 6.11 Debris: It shall be the sole responsibility of the Contractor to dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. Material cleared and disposed on adjacent or nearby property will not be considered as having been disposed of properly. The Contractor shall keep the premises free of debris and unusable materials resulting from their work. As work progresses, or upon request by the Project Manager, the Contractor shall remove such debris and materials from the property. The City dumpsters or recycling containers shall not be used. If the City’s Project Manager determines Contractor is using the City’s dumpster, Contractor shall incur pickup and dump fee. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 28 of 30 6.12 Oversite/Quality of Services: A City Project Manager will be assigned to oversee all assigned work (services) for adherence to schedules and service quality throughout the project’s progression and submittal of final payment. The Project Manager will periodically inspect the work being performed to ensure compliance with the requirements of the Agreement. If the requirements are not satisfactorily being maintained, the City shall require the Contractor to correct any discrepancies, inconsistencies, or faults immediately at no additional cost to the City. The Contractor shall understand and agree that: 1) The Contractor shall be solely responsible and assume all liability for the supervision, direction of all work, and for all means, methods, techniques, sequences, procedures, and coordination for all services under the Agreement; 2) The Contractor shall be responsible for all scheduling, receiving, storage, and placement of all materials; 3) The Contractor shall ensure that enough personnel, materials, means of transportation, and an adequate supply of tools and equipment to perform the services; 4) The Contractor shall provide a responsible, knowledgeable, English speaking worksite supervisor or representative, who has decision-making authority, at all times; 5) All services including modifications of required services requires the City’s written approval; 6) The Contractor shall be solely responsible to the City for the acts and omissions of their subcontractors, agents, employees, and any other persons performing any service under this Agreement; 7) The practice and materials utilized in the work within or adjacent to any structure must conform to all current Florida Building Codes in addition to any applicable local, state and federal regulations, codes and any City requirements. Contractor shall abide by all State of Florida Statutes; and 8) The Contractor shall assist the City in identifying the best repair considerations, determining materials, and the quantities thereof for each project and obtain approval form the City’s Project Manager. 9) The City will remove all breakables, sensitive equipment, and disconnect/reconnect electronic equipment. 10) The Contractor shall be required to use a Utility Knife or Razor Knife and cut at a downward angle behind the existing vinyl cove so any damage is extremely limited or completely avoided. 11) City Hall is in use 8am to 4:30pm Monday thru Friday and some offices will have to be accessed during these times. We can do as much as possible to limit the traffic. We are open to weekend and evening installation times that further limit the amount of employees within the building during normal operating hours. 12) The linear footage of the cove base is approximately 975 feet. 13) The linear footage of the threshold in the doorway is approximately 100 feet. 6.13 Warranty: The Contractor shall warrant and guarantee all goods and services for a period of no less than ten-(10) year from the date of acceptance and shall replace or repair all defects in material or workmanship during the warranty period. The Contractor shall bear all labor, product replacement, and transportation costs for warranted goods and services. Labor shall be warranted for no less than one (1) year from the completion date and all rework shall be at no cost to the City of Sebastian. A “No Charge” invoice shall be submitted on all warranty repairs detailing the replaced goods including dimensions and quantity. The Contractor shall respond to all warranty requests within twenty-four (24) hours of notification. Repeated failure to meet the established and repair timeframes will be considered unsatisfactory under the terms of this agreement. Excessive instances of unsatisfactory service shall be cause for default. Warranty repairs must be accomplished within the service response time of twenty-four (24) hours and shall be fully completed to the satisfaction of the Project Manager and City within seven (7) working days. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 29 of 30 SECTION 7 - SCOPE OF SERVICES Requirements: 7.1 The awarded contractor is responsible for supplying the flooring, base molding, all adhesives, and supplying, at its own expense, all supervision, labor, equipment, machines, tools, materials, transportation and anything necessary to perform work. Work shall include the removal and disposal of all old flooring. Floor preparation, including patching, new flooring material and its installation, cove base and complete installation. All flooring shall be prepped and installed per manufacturer’s written instruction. This is a turn-key project. Moisture Tests: 7.2 Perform moisture tests recommended by manufacturer preceding installation. Proceed with installation only after substrates pass testing. Moisture mitigation, if required, shall be performed according to manufacturer’s specifications. Flooring Installation: 7.3 All flooring shall be installed in accordance with manufacturer’s recommendations using only the manufacturer’s recommended clean-set adhesive. No substitute of adhesive shall be acceptable. Flooring shall be installed with no gaps or unsightly spaces. Installation shall be next to walls. Finished installation shall show no valleys or ridges and shall have no hollows or voids. The City shall mandate low VOC products (adhesives) be used. A low VOC product shall mean a product with VOC content not exceeding 150 grams/liters. The City’s Project Manager shall inspect and approve all products before used on the job site. Brand Name: 7.4 When a particular brand/make/stock number is listed in the bid, such reference has been made solely for the purpose of more clearly defining the general description of the product desired and the standard of minimum quality and construction. If an alternate product (“or equal”) is proposed, it is the Bidder’s responsibility to submit literature and detailed specifications of the alternate product with their bid. The City of Sebastian shall be the sole judge in the exercise of its discretion for determining whether the alternate product is equal and acceptable. 7.5 Mohawk Group, or equal: Tile Carpet Flooring shall meet or exceed all technical requirements listed in ASTM E 648 Class 1 (Glue Down, ASTM E 662 Less than 450 and AATCC-134 Under 3.5 KV. Physical Characteristics (dimensions are approximate): Construction: Carpet Tile Style: Artist II Tile Archaeologist 955 Fiber Type: Colorstrand Nylon Backing Material: EcoFlex ICT Pile Weight: 15.0 oz. per square yard Length: 24.00” Width: 24.00” Installation Method: Quarter Turn Glued down installation application In the Grain, Waterproof Vinyl Plank, with a 20mil wear layer-rated for a ten-(10) year commercial warranty. Supply and install rubber doorway transitions to coordinate the floor. Colors to be selected by City of Sebastian from at least five (5) samples provided by the awarded Contractor. 7.6 Cove Base: 4” high vinyl cove base (1/8” thick) in continuous rolls. Four (4) foot strips shall not be an acceptable alternate. Colors to be selected by City of Sebastian from at least five (5) samples provided by the awarded Contractor. ITB #22-12 CITY HALL 2ND FLOOR CARPET REPLACMENT Page 30 of 30 PROPOSAL FORM Contractor: I certify this bid is made without any agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, equipment or services, and in all respects fair without collusion or fraud. The person signing below acknowledges and agrees with all proposed information as submitted and has the authorization of the said company to enter into a contractual agreement with the City of Sebastian for the purposes as proposed and described herein. Bidder shall warrant that the unit prices, terms, and conditions quoted in the Bid will be held for a period of not less than ninety-(90) days from the solicitation opening date. Company Name:______________________________________________________________________________ Authorized Signature:__________________________________________________________Date:_____________________ Printed Name:________________________________________________________________________________ Cove Base Price Material Cost & Install 4" Cove Bases – Per Lineal Foot Per Lineal Foot Remove 4" Cove Base – Per Lineal Foot Per Lineal Foot Carpet Tile Price Material Cost, Floor Prep & Install Carpet – Per Square Foot Per Square Foot Remove and Dispose of Existing Carpet – Per Square Foot Per Square Foot