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HomeMy WebLinkAboutA - ITB #24-06 Rehabilitation of Alpha Aprons at Sebastian Municipal Airport FinalITB #24-06 Page 1 of 39 INVITATION TO BID ITB #24-06 REHABILITATION OF ALPHA APRONS AT SEBASTIAN MUNICIPAL AIRPORT Contact Person Jessica Graham Procurement/Contracts Manager Phone: (772) 388 – 8231 Email: jessgraham@cityofsebastian.org *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 accommod ation 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. PROPOSED SCHEDULE EVENT DATE TIME RELEASE DATE: Monday, February 26, 2024 - PRE-BID MEETING AND SITE VISIT Tuesday, March 12, 2024 10:00 AM Local Time QUESTIONS DUE DEADLINE: Tuesday, March 19, 2024 2:00 PM Local Time ITB DUE/BID OPENING: Monday, March 25, 2024 2:00 PM Local Time RECOMMENDATION OF AWARD – CITY COUNCIL MEETING Wednesday, April 10, 2024 6:00 PM Local Time BID DELIVERY: City of Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 ITB #24-06 Page 2 of 39 INVITATION TO BID The City of Sebastian seeks bids from licensed contractors for the rehabilitation of alpha aprons at the Sebastian Municipal Airport located at 202 Airport Drive E, Sebastian, FL 32958. The licensed contractor shall furnish all labor, materials, supervision, equipment, tools, transportation, supplies and expertise necessary for providing services. This is a turn-key project. This Invitation to Bid (ITB) and related documents are available for download online at:  VendorLink.com A non-mandatory Pre-Bid Meeting will be held Tuesday, March 12, 2024 at 10:00 AM local time in the City of Sebastian Public Works Compound located at 505 Airport Drive West, Sebastian, FL 32958. City Staff will be available immediately following the Pre -Bid Meeting to conduct a site visit. Measurements by contractors can be taken at the site visit. The deadline to submit questions concerning this ITB will be Tuesday, March 19, 2024 by 2:00 PM local time. Any and all questions or communication regarding this ITB should be emailed only to the City’s Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a bidder (or anyone representing a bidder) regarding this ITB with the City Council or a City employee/representative other than this point of contact is grounds for disqualification. It will be the sole responsibility of the bidder to determine if any a ddenda have been issued prior to submitting their bid. All bids are due by Monday, April 25, 2024 by 2:00 P.M. local time. Bids shall be enclosed in a sealed envelope which shall show the bidder’s name and address, ITB number and title, along with the solicitation due date and time. Bidders must provide one (1) clearly marked original and one (1) copy. 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. All physical, in-person submissions must be delivered or mailed to: City of Sebastian Procurement/Contracts Manager 1225 Main Street Sebastian, Florida 32958 Late bids will not be opened or announced. All bids submitted to the city, even if unopened during the selection process, become public record unless exempt under Florida or other law as outlined above herein. At its sole discretion, the City may reject any and all bids or accept any bid or portion thereof deemed to be whatever is in its best interest and to waive any non -substantial irregularities. By: Jessica Graham, CPPB Procurement Manager ITB #24-06 Page 3 of 39 TABLE OF CONTENTS INVITATION TO BID 2 TABLE OF CONTENTS 3 BID CHECK LIST 4 SECTION 1 – SCOPE OF WORK 5 SECTION 2 – GENERAL TERMS AND CONDITIONS 6 SECTION 3 – SPECIAL CONDITIONS 19 SECTION 4 – FORMS 26  MAILING LABELS 26  CONTACT INFORMATION SHEET 27  STATEMENT OF BIDDER’S QUALIFICATIONS 28  NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 30  DRUG FREE WORKPLACE PROGRAM 31  CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 32  CERTIFICATION REGARDING LOBBYING 33  REFERENCE LIST 34  SUB-CONTRACTORS LIST 36  CERTIFICATION REGARDING SCRUTINIZED COMPANIES 37  ADDENDA ACKNOWLEDGEMENT 38 SECTION 8 – BID PRICE FORM 39 ATTACHMENT A – FEDERAL GRANT TERMS ATTACHMENT B – PAYMENT AND PERFORMANCE BOND 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 awarded a contract to provide the goods or services to the City. 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 comprising the totality of the 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 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. ITB #24-06 Page 4 of 39 BID CHECK LIST This “Standardized Check List” has been provided to assist the bidders with the submission of their bid package. This Check List cannot be construed as identifying all required submittal documents for this project. Bidders remain responsible for reading the entire bid document to ensure that they are in compliance. The City, in its sole discretion, reserves the right to reject any and all bids, to waive any and all formalities and reserves the right to disregard all nonconforming, non-responsive or incomplete bids. The City specifically reserves the absolute right to determine the seriousness of any proposer’s failure to specifically conform to the requirements of the proposal document. Bidders cannot utilize the City’s determination of the seriousness of any specific non-conformance as a basis to protest the award of any proposal. Bids may be considered subject to rejection if in the sole opinion of the City: there is a serious omission, unauthorized alteration of form, an unauthorized alternate bid, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject, as non-responsive, any or all bids where bidder fails to acknowledge receipt of Addenda as prescribed. YES NO Completed Check List One (1) signed original hard copy bid Contact Information Sheet Statement of Bidder’s Qualifications Non-Collusion Affidavit Drug Free Workplace Program Debarment and Suspension Certification Lobbying Certification Reference List Subcontractors List, if applicable Scrutinized Companies Certification Addenda Acknowledgement Bid Form Certificate of Insurance Business Tax Receipt Proof of Professional License Exhibit A – Federal Clauses - Forms _________________________________________ _________________________________________ Authorized Signature Company _________________________________________ _________________________________________ Printed Name & Title Date 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 #24-06 Page 5 of 39 SECTION 1 – SCOPE OF WORK 1.1 SCOPE OF WORK The City of Sebastian proposes the rehabilitation of existing aprons to improve pavement conditions at the Sebastian Municipal Airport located at 202 Airport Drive E, Sebastian, FL 32958. The pavement condition is a 0 PCI, and requires the removal of asphalt before conditions on the pavement surface worsen. The aprons are approximately 110 feet long and 290 feet wide and 110 feet long and 225 feet wide . The asphalt pavement shows severe pavement distresses including alligator cracks, broken asphalt pieces that have started raveling, and longitudinal cracks. The surface is oxidized raveling and leading to a rough surface with FOD from loose aggregates. New asphalt pavement will allow for the correction of any deficiencies in the apron grade and provide a new pavement surface free of rutting and loose aggregate. This will extend the usable life of the existing apron pavement and provide a surface meeting or exce eding FAA grading requirements. The project consists of providing all labor, materials, and equipment at the Sebastian Municipal Airport (X26) to rehabilitate the apron areas. 1.2 BIDDER QUALIFICATIONS Bidders that do not meet the minimum requirements listed herein as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award. All decisions made by the City are final. All bidders must: 1.2.1 Contractor shall be licensed by the state of Florida as a general contractor or registered building contractor; and 1.2.1.1. Contractor must provide a copy of their license with their bid submittal. 1.2.2 Contractor shall be registered with the City of Sebastian Building Department; and 1.2.3 Contractor must have a minimum of five (5) years’ experience performing pavement rehabilitation and airfield lighting improvement work, or site civil work, of a similar size, scope and complexity for local and county government agencies and 1.2.4 Contractor must have an office within the state of Florida and maintain an office within the state of Florida which shall be kept for a minimum of one (1) year ; and 1.2.5 Contractor must meet insurance and bonding requirements applicable to perform the services. 1.2.6 Within the last five (5) years, contractor shall provide proof of exper ience with FAA projects and P-401 asphalt. ITB #24-06 Page 6 of 39 SECTION 2 – GENERAL TERMS AND CONDITION 2.1 LENGTH OF CONTRACT AND RENEWAL This ITB will result in a onetime agreement for completion of the scope of work described herein. The City seeks a Contractor that will provide timely completion and adhere to the agreed upon schedule. 2.2 EXTENSION In addition to any renewal options contained herein, the City has the right to extend any award resulting from this bid for the period necessary for the City to release, award, a nd implement a replacement agreement for the commodities and/or contractual services provided in this bid. Such extension shall be based upon the same prices, terms, and conditions outlined in this bid. 2.3 CANCELLATION The City reserves the right to cancel this Invitation to bid, in whole or in part, when it is in the City’s best interest. Notice of Cancellation will be posted on VendorLink. 2.4 BID SUBMISSION 2.4.1. Bid submittals are due at the date and time indicated on the cover page or as amended in the form of an addendum issued by procurement. 2.4.2. All solicitations and supporting documents will be posted on VendorLink. It is the sole responsibility of interested parties to monitor the aforementioned sites for solicitation opportunities and updates. It is the sole responsibility of the contractor to ensure that their bid response is submitted no later than the time and date specified in the bid or subsequent addenda. 2.4.3. Bid submittals may not be withdrawn after the bid due date. 2.5 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. 2.6 EXECUTION OF BID SUBMITTAL Each bid submittal must include the signature of an officer or employee having authority to bind the contractor in the space(s) provided. Only the terms and conditions of this bid, as released by the City or amended via addendum, are valid. Any modification to any term or condition by the contractor is not binding unless it is expressly agreed to in writing by the City in advance. 2.7 INTERPRETATION OF BID DOCUMENTS No interpretation of the meaning of this bid document or correction of any ambiguity, inconsistency, or error therein will be made verbally to any party. All requests for an interpretation or clarification of this bid, and any subsequent addenda, or correction of any apparent ambiguity, inconsisten cy, or error will be addressed in writing by the City’s procurement manager. Inquiries must reference the date of bid opening, bid title, and bid number. Interpretation of the bid, clarification of bid specifications, and changes to the bid shall be communicated by written addenda only. Only the written interpretation or ITB #24-06 Page 7 of 39 correction given by the procurement manager shall be binding. Verbal responses shall be considered inadmissible in bid protest proceedings. Bidders are advised that no other source is authorized to interpret, explain, clarify or give information regarding the bid documents. Written addenda shall be signed by the bidder and returned with the bid submission. Failure to return such addenda may constitute cause for rejection of a bid submittal. 2.8 PUBLIC RECORDS Section 119.01 Florida Statutes, et. seq., the Florida 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 bidders’ 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 stat utorily 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 OR EMAIL jwilliams@cityofsebastian.org. CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. 2.9 NON-COLLUSION By submitting a bid, bidder certifies that all information contained in the bid is truthful to the best of their knowledge and belief. bidder further certifies, under oath, that this bid 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. Bidder further certifies that bidder has not divulged discussed, or compared this bid with other bids and has not colluded with any other bidder or parties to the bid. Any violation of this provision will result in the cancellation and/or return of bidder’s materials (as applicable) and the removal of the bid from the list(s). 2.10 CONFLICT OF INTEREST The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All bidders shall disclose within their bid to the City the name of any officer, director, or agent who is also an employee of the City. Furthermore, a ll bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm or 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 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 ITB #24-06 Page 8 of 39 employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. 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. 2.11 BID PROTESTS Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms, conditions, or specifications outlined in this bid or who is adversely affected by a decision of the City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicit ation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Satu rdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value.. The Notice of Intent to Protest and formal written protest shall be filed at the following address: Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 2.11.1. 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 originating department, the City Attorney or 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. 2.11.2. Administrative Review – If the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, 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. Any appeal of the decision by the City Mana ger shall be heard by the City Council or other appropriate administrative or legal body. 2.11.3. Stay of Procurement – In the event of a timely and properly filed protest, the Procurement/Contracts Manage r 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 #24-06 Page 9 of 39 2.12 NO -CONTACT PERIOD / LOBBYING During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor, or other people may lobby a Council Member, Mayor, City Manager, any Procurement Official, or any City employees except any designated Procurement Official or Officials who may be identified in the procurement documents for purposes of receiving questions or clarifications or for receiving bid protests. The No -Contact Period shall commence on the initial date of the advertisement for this bid and continue through and include the date the City Council makes its determination to approve or reject the final recommendations. Failure to meet any of these requirements may disqualify the bidder from consideration. 2.13 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may affect their work in any manner. Failure on the par t of the Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppress ion/extinguishers, job site first aid kits, and emergency communication. Any fines levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the Contractor. 2.14 NPDES REQUIREMENTS Contractor shall comply with the state of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES), including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for applying and obtaining the required Florida Department of Environmental Protection (FDEP) NPDES and SWPPP Permits shall be included in the Bid Price. For further information on compliance with their rules and regulations, go to http://www.dep.state.fl.us/water/stormwater/npdes. 2.15 INDEPENDENT CONTRACTOR RELATIONSHIP The contractor is, and shall be, in the performance of all Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed under this agreement shall at all times, and in all places, be subject to the contractor’s sole direction, supervision, and control. The contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, t he contractor’s relationship and the relationship of its employees to the City shall be that of an independent contractor and not as employees or agents of the City. The contractor does not have the power or authority to bind the City in any promise, agree ment, or representation. Nothing contained herein shall be deemed to create an association, partnership, joint venture, or relationship of principal and agent or master and servant among the parties or any affiliate thereof, or to provide any party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other party. The City, in its absolute discretion, retains the right to reject, bar, or require the replacement of any employee, subcon tractor, or agent of the contractor. Such rejection shall not relieve the contractor of the obligation to perform all work in compliance with the bid. ITB #24-06 Page 10 of 39 2.16 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK With the consent and agreement of the contractor, purchase s may be made under this bid by other governmental agencies, political subdivisions within the state of Florida, or any other public entity. Such purchases shall be governed by the same terms and conditions stated herein. Further, it is understood that eac h agency will issue its own purchase order to the contractor. This agreement in no way restricts or interferes with the right of any other public agency to rebid any or all of these items. 2.17 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY The City reserves the right to utilize any other contract, including, but not limited to, the following: any state of Florida contract, any contract awarded by any other city or county governmental agencies, other school boards, other community colleges/state university system, cooperative agreements, or to directly negotiate/purchase per City policy. The City also reserves the right to bid separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the best interest of the City, at any time during this agreement term. 2.18 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: 2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime, or 2.18.2. 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 2.18.3. Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or 2.18.4. 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. Bidder 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 bidder is unable to certify to all of the statement above, bidder shall attach an explanation to this bid. ITB #24-06 Page 11 of 39 2.19 BANKRUPTCY / INSOLVENCY At the time of bid submission, the contractor shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership proceedings. If the contractor is award ed a contract for six (6) months or longer, and files for bankruptcy, insolvency, or receivership thereafter, the City may, at its option, terminate and cancel the agreement, in which event all rights hereunder shall immediately cease and terminate. 2.20 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 contractor shall be compensated for all services performed to the City’s satisfaction. The City shall be sole judge of non -performance. 2.21 RIGHT TO REJECT The City reserves the right to reject any or all bid(s), to waive minor irregularities, and/or to accept the bid(s), which in its sole judgment best serves the interest of the City. More than one bid from an individual, bidder or association under same o r different names, will not be considered. 2.22 INVOICING Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225 Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which indicates the basic information listed below. a) Name of the business organization as specified on the Contract between City and Contractor b) Date of invoice c) Contractor’s invoice number d) Contractor’s federal identification number on file with the state e) City purchase order number and bid number f) Unit price of the goods, services or property provided g) Extended total price of the goods, services or property h) Applicable discounts i) Description of provided goods or services j) Quantity of provided goods or services k) Date(s) of delivery of provided goods or services l) Location provided goods or services were delivered Any invoice submitted as a result of the award of this bid shall be itemized matching the items on the purchase order. “Lump sum” invoices shall not be submitted and will not be accepted for multiple line purchase orders. An invoice can only reference one purchase order number. Invoices that do not reference valid purchase order number will be returned to the contractor for resolution of the discrepancies and resubmitted. It shall be understood that invoices shall not be authorized for payment until the w ork is inspected by the respective City representative and payment is approved. The City will pay the contract price minus any liquidated damages, back charges and/or other ITB #24-06 Page 12 of 39 damages to the contractor upon final completion and acceptance. The City shall prov ide 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. Failure to submit invoices i n the prescribed manner will delay payment. 2.23 PAYMENT The City will only pay the dollar amounts as authorized on the purchase order. Payment will be made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the commodities or contractual services provided by the contractor have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. Payment for partial shipments shall not be made unless specified in the purchase order. Fa ilure to follow these instructions may result in delays in processing invoices for payment. The purchase order number must appear on invoices, bills of lading, packages, cases, delivery lists, and correspondence. 2.24 AVAILABILITY OF FUNDS The obligations of the City under this agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City of Sebastian City Council. 2.25 SUBCONTRACTORS AND SUPPLIERS 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 names, portions and percentages of work to be performed by their subcontractors or suppliers. Contractor shall be solely responsible for all acts and omissions of its subcontractors or suppliers. Nothing in the bid and contract documents creates any contractual relationship between any subcontractor or suppliers and the C ity of Sebastian. Contractor shall be responsible for the timely payment of its subcontractors and suppliers as required by Florida Statute Chapter 218.735. Failure to comply with these payment requirements will place the contractor in default of the contr act. 2.26 CONTRACTOR’S REPRESENTATIVE The contractor must provide a point of contact for the term of this bid to include the name, email address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement of an order, coordinat ion of services, and to address other issues. If the point of contact differs between regular work hours, after -hours, weekends, and holidays, this must be provided. 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. The contractor must also provide the procurement division with any updates to the primary point of contact. The City reserves the right to require a change in the contractor’s point of contact at the City’s sole discretion. 2.27 ASSIGNMENT The contractor shall not assign, transfer, convey, sublet, o r otherwise dispose of this agreement, or of any or all of its rights, title, or interest therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by the City. ITB #24-06 Page 13 of 39 2.28 SILENCE OF SPECIFICATIONS Any omissions of detail in the specifications stated herein that would render the commodities from use, as specified herein, will not relieve the contractor from responsibility. 2.29 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 a nd 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 A ct 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. 2.30 AUDIT AND INSPECTION The City or their representative reserves the right to inspect and/or audit the contractor's documents and records as they pertain to the products and services delivered under this bid. Such rights will be exercised with notice to the contractor to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights, duties, and obligations established by this bid. Documents or records in any form shall be open to the city’s representative and may include but are not limited to all correspondence, ordering, paymen t, inspection, and receiving records, contracts or sub - contracts that directly or indirectly pertain to the transactions between the City and the contractor. 2.31 INDEMNIFICATION The contractor and its Subcontractor(s) shall indemnify, defend and hold harmles s 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 conduc t of the contractor or its Sub-Contractor(s) and other persons employed or utilized by the Contractor or its subcontractor(s) in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employe es. 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 contra ctor or its subcontractor(s) 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 the contractor or its subcontractor(s) shall pay any cost and r easonable 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. This provision shall survive the termination of this bid. 2.32 LOCAL VENDOR PREFERENCE Per Chapter 2, Section 11, Paragraph d, Subparagraph 2, of the City of Sebastian Code of Ordinances, Local Vendor Preference does not apply. ITB #24-06 Page 14 of 39 2.33 CONTRACTS AND AMENDMENTS The contents of this bid and all provisions of the contractor’s submittal shall be considered an agreement and become legally binding. Any changes to the provisions hereinafter award must be in writing and signed by both Parties. 2.34 SCRUTINIZED VENDOR CERTIFICATION Bidder certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City, that it: 2.34.1. Does not participate in a boycott of Israel; and 2.34.2. Is not on the Scrutinized Companies that Boycott Israel List; and 2.34.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 2.34.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 2.34.5. Has not engaged in business operations in Cuba or Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the bidder of the City’s determination concerning the false certif ication. 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 bidder determines, using credible information available to the public, that a false certification has been submitted by bidder, 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, generally 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 bid 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 the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been 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 bidder 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 W ith 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. 2.35 LICENSING, CERTIFICATION, AND REGISTRATION Contractors must show their current Business Tax Receipt, as well as any licenses required by Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA. ITB #24-06 Page 15 of 39 Contractors who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the state of Florida must furnish their Florida document number and a screenshot of their “active” status. All registered contractors must have an active status to be eligible to do business with the City. Contractors doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company. If the contractor is not located in Florida, the contractor must provide their state’s document number and a screenshot of their current, date -identified “active” status with their submittal. All licenses shall be up to date. Contractors must provide their current contractor’s license, prior to starting work. If the bidder is a State Certified Gene ral Contractor, or a State Registered General Contractor the bidder must be registered with the City of Sebastian. 2.36 TAXES 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 mat erials. 2.37 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL If the Contractor considers any portion of the documents, data, or records submitted in response to this Bid to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119 Florida Statutes, the Florida Constitution or other aut hority, the contractor must also simultaneously provide the City with a separate redacted copy of its response. The redacted copy shall contain the City’s solicitation name, number, and the name of the Contractor on the cover, and shall be clearly titled “Redacted Copy.” The contractor must also include next to each redaction the statutory basis for the exemption. The contractor shall be responsible for defending its determination that the redacted portions of its response are a confidential, trade secret, or otherwise not subject to disclosure. Further, the contractor shall protect, defend and indemnify the City for any claims from or relating to the contractor’s determination that the redacted portions of its response are confidential, proprietary, trade s ecret, or otherwise not subject to disclosure. If the contractor fails to submit a Redacted Copy with its response, the City is authorized to produce the entire documents, data, or records submitted by the contractor in response to a public records request for these records. 2.38 FAVORED NATION CLAUSE Based on similar size and quantity, it is understood that the contractor is providing the City the same or better pricing than other governmental agencies. If during the term of this agreement, the City identifie s better pricing for the same item, the Contractor agrees to offer the City the reduced price. 2.39 LIQUIDATED DAMAGES The contractor agrees to the use of liquidated damages in the event the contractor fails to perform by the provisions herein. On the occasion where the contractor is in default of the Agreement, or any material provision thereof, or fails to remedy any deficiency in performance, the City may procure the necessary supplies or services from an alternative source and hold the contractor financially responsible for any excess costs incurred. The ITB #24-06 Page 16 of 39 difference between the Bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the contractor as liquidated damages. 2.40 FORCE MAJEURE Neither Party shall be liable for any failure or delay in performing any duty, requirement, or obligation under this agreement that is due to any of the following causes, to the extent beyond its reasonable control: fire, hurricane, earthquake, explosion, wars , sabotage, accident, flood, acts of God, epidemic, pandemic, quarantine, riots, civil commotion, acts of government authorities, changes in laws or regulations strikes, or other labor disputes, or because of any other matter or condition beyond the contro l of either party and which cannot be overcome by reasonable diligence and without unusual expense. 2.41 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES A Vendor Performance Report form will be utilized to document unsatisfactory performance during the term of this bid. The report may become an important part of the contractor’s history. The report and process will assist the City in determining whether there is a continuing pattern of problems that may need to be addressed through termination of contract and/or suspension of the contractor from future bidding. 2.42 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 o f 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. BIDDER MUST SUBMIT THEIR COMPANY PROFILE PAGE FROM E -VERIFY WITH THEIR BID. 2.43 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. 2.44 DRUG-FREE WORKPLACE In accordance with Florida Statute Section 287.087, bidder certifies the following: 2.44.1. A written statement is published notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled ITB #24-06 Page 17 of 39 substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. 2.44.2. Employees are informed about the dangers of drug abuse in the work place, the bidder’s policy of maintaining a drug free wor king environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. 2.44.3. 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 893, 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. 2.44.4. The bidder/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. 2.44.5. The bidder/employer makes a good faith effort to continue to maintain a drug free work place through the Impleme ntation of the drug free workplace program. 2.45 DEBARMENT AND SUSPENSION 2.45.1. bidder certifies to the best of its knowledge and belief that it and its principals: 2.45.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2.45.3. 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; 2.45.4. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State o r local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 2.45.5. 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. 2.45.6. The City of Sebastian will not make award to parties listed on the government wide exclusions in the System for Award Management (SAM). ITB #24-06 Page 18 of 39 2.45.7. BIDDER MUST SUBMIT THEIR COMPANY PROFILE PAGE FROM SYSTEM FOR AWARD MANAGEMENT (SAM) WITH THEIR BID. WHERE THE BIDDER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENTS ABOVE, BIDDER SHALL ATTACH AN EXPLANATION TO THIS BID. 2.46 RIGHTS IN DATA The City of Sebastian is and will remain the owner of all data provided to the contractor by the City under this contract. The contractor will not use such data for any purpose other than providing services and support to the City under this bid, nor will any part of such data be sold, assigned, leased, or otherwise disclosed to third parties (other than authorized subcontractors for purposes of performance of the Services) or commercially exploited by or on behalf of the contractor. The contractor will not possess or assert any lien or other right against such data. 2.47 DATA TRANSMISSION The contractor agrees that any transmission or exchange of system application data with the City and/or any other parties shall take place via secure means using current industry approved encryption standards. 2.48 DATA BREACH Contractor agrees to comply with the State of Florida Database Breach Noti fication Act outlined in Section 501.171, F.S. In the event of a breach described in Section 501.171, F.S. ("Notification Event"), Contractor will notify the City immediately and will comply with the requirements of Section 501.171, F.S. assume responsibil ity for all costs associated with complying with the breach notification and informing all such individuals by applicable law. The Contractor agrees to indemnify, hold harmless and defend the City and its trustees, officers, and employees from and against any claims, damages, or other harm related to such Notification Event. 2.49 NOTICE Whenever either Party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the plac e for giving of notice in compliance with the provisions of this paragraph. For the present, the Contractor designates the address set forth on the first page of this bid document as its place for receiving notice, and the City designates the following add ress for such notice: The City of Sebastian Attention: City Manager 1225 Main Street, Sebastian, FL 32958 Telephone: 772-388-8231 Email: jessgraham@cityofsebastian.org. ITB #24-06 Page 19 of 39 SECTION 3 - SPECIAL CONDITIONS 3.1 FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) CONTRACTOR SUSPENSION LIST Any entity of affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by FDOT to be a non -responsible contractor, shall not submit a bid or perform work for the construction or repair of a public building. FDOT Contractor Suspension List: https://www.fdot.gov/construction/legal/newsuspension.s htm 3.2 AWARD Award shall be made to the lowest, responsive, responsible contractor(s). The City reserves the right to make multiple awards in its best interest. The City reserves the right to reject any and/or all bids and to waive any minor irregularity o r technicality. Payment discounts will not be considered for bid evaluation purposes. 3.3 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. 3.4 TIMELINE / SCHEDULE This bid will result in a single agreement for completion of the scope of work within one hundred and eighty (180) days from the date indicated in the Notice to Proceed (NTP). Estimated start date is May 1, 2024. The City reserves the right to extend these dates, at its sole discretion. The City seeks a contractor that will provide timely completion and adhere to the agreed upon schedule. 3.5 CHANGE ORDERS Without invalidating the contract documents, and without notice to the surety, the City of Sebastian reserves the right to make increases, decreases or other changes in the character or quantity of the work under the bid and contract documents as may be considered necessary or desirable to complete the work in a manner satisfactory to the City of Sebastian. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the work shown in the bid or contract documents, provided that they are within the general scope of the bid documents or contract documents. All changes will be authorized only by a written change order utilizing the City’s standard form and approved in advance of the change by the designated project manager of the City. The contractor is required to provide the project manager wi th a detailed cost breakdown of material costs, labor costs, labor rates by trade, and work classification and overhead rates supporting the amount of the change, as well as an explanation of the cost and any revision to the Project completion time. If the contractor fails to notify the project manager of any schedule changes associated with the proposed change, it will be deemed to be an acknowledgement by contractor that the proposed work will not have any scheduling consequences. Any net increase to the pricing must also be approved and documented with a revised purchase order by City. ITB #24-06 Page 20 of 39 3.6 PROJECT COORDINATION Contractor shall commit to participating in regularly scheduled (i.e. weekly or bi -weekly) project coordination meetings with the contractor’s desig nated representative and City’s Project Manager throughout the duration of the project and adhere to all CDC guidelines concerning COVID-19. 3.6.1. A City project manager will be assigned to oversee all assigned work to ensure 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 bein g met, 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 to the following: 3.6.1.1. Contractor shall be solely responsible and as sume 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; contractor shall ensure enough personnel, materials, supplies, means of transportation, tools and equipment are made available to perform the services; and 3.6.1.2. Contractor shall be responsible for all scheduling, receiving, storage, and placement of delivered supplies and materials; and 3.6.1.3. Contractor shall at all times provide a responsible, knowledgeable, English speaking worksite supervisor or representative, who has decision making authority; and 3.6.1.4. 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; and 3.6.1.5. The practices methods and materials utilized in the work within or adjacent to any structure must conform to any applicable local, state and federal regulations and codes. 3.7 SITE INSPECTION AND DUE DILLIGENCE Bidders are obligated to carefully examine the project specification, as well as exercising due diligence regarding any and all current and pre -existing conditions at the project site. Prior to submitting their bid, the bidder shall be responsible for visiting the project site and becoming familiar with any conditions which may affect the work to be performed. Prior to the commencement of work, the contractor shall submit photographs and/or vide o recordings to the project manager to document any and all such pre -existing damage to the roadways, driveways, approaches, tree trucks or limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements located at the project site and/or any surrounding areas to be accessed and/or utilized by the contractor. 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 expen se of the contractor in a manner acceptable to the City. Failure to properly document such pre - ITB #24-06 Page 21 of 39 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. No additi onal allowances shall be made due to the bidder’s lack of knowledge of the project requirements and site conditions. 3.8 STOP WORK ORDER The City may at any time by written notice to the contractor stop all or any part of the work for this bid award. Upon receiving such notice, the contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. The City may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the bid terms and conditions. 3.9 QUANTITIES Any quantities identified in this bid are estimates only and in no way obligate the City to purchase these amounts. The City reserves the right to re-negotiate prices if, at any time during the term of the agreement, the City purchases more than the estimated quantities in this bid. 3.10 WARRANTY The contractor shall warrant and guarantee all goods, labor and services for a period of no less than five (5) years 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, mobilization, and transportation costs for warranted go ods and services. Labor shall be warranted for no less than five (5) years from the acceptance 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 an d City within seven (7) working days. 3.11 PAYMENT/PERFORMANCE BONDS 3.11.1. A Payment and Performance Bond equal to one hundred percent (100%) of the Agreement price shall be required on this project., The successful bidder shall, within fourteen (14) calendar days after receiving Notice of Award, submit a performance and payment bond (“Bond”). The Bond will guarantee the completion of the Work covered by the Contract Documents as well as the payment of all suppliers, Subcontractors, and the Contractor’s workforce. Th e Bond(s) shall not contain a provision allowing the Surety(s) to cancel the Bonds prior to the full Completion of the Contract, including the option to renew years. (Sample Forms are provided for information purposes.) 3.11.2. The bond (s) shall be provided by a surety company authorized to do business in the state of Florida, and approved by the city manager and city attorney. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a cashier’s check or an irrevocable letter of credit. ITB #24-06 Page 22 of 39 3.11.3. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the state of Florida. The form of the check or letter or credit must be approved by the city manager and city attorney. 3.11.4. Attorneys-in-fact who sign bonds must file with each bond a certified and effective dated copy of their power of attorney. Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended), and be authorized to transact business in the state of Florida. 3.12 PROTECTION OF PERSONS AND PROPERTY 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 any type of negligence on the part of the awarded contractor, their employees or other agents. The contractor must show reasonable attempt to avoid damage to City or private property under all conditions. The awarded contractor agrees to repair or replace, 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 excess ively wet conditions on grassy areas, the contractor must contact the project manager for recommendations or workarounds prior to commencing the work. Any damages, including damage to finished surfaces and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned to the satisfaction of the project manager. Any public or private property damaged by the contractor or a representative during the services shall be repaired or replaced to the satisfaction of the project manager at no cost to the City. The project shall not be considered complete until incurred damages, if any, have been repaired and the worksite is cleaned to the satisfaction of the project manager. 3.13 REMOVAL OF DEBRIS 3.13.1. All unusable materials and debris shall be disposed of offsite. 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. 3.13.2. 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 Ci ty. The contractor assumes all liability for accidents that may occur due to any debris, equipment, tools, and worksite hazards. 3.13.3. 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. 3.13.4. Material cleared and disposed on adjacent or nearby property will not be considered as having been disposed of properly. 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 #24-06 Page 23 of 39 3.14 PERMITS AND REGULATIONS All work covered by the technical codes will require a permit fro m the City of Sebastian Building Department. This includes constructing, enlarging, altering, repairing, moving, demolishing, changing of occupancy or use, erecting, installing, converting or replacing any building or structure, electrical, plumbing, mechanical, gas, fire alarm or fire sprinkler system. The contractor shall procure and pay for all licenses, and bonds necessary for the prosecution of the work, and/or required by municipal, state and federal regulations, laws and procedures, unless specifically provided otherwise in the bid documents. For more information on the City of Sebastian, Building Department, please visit: https://www.cityofsebastian.org/171/Building -Business-Tax . 3.15 OWNERSHIP OF THE WORK The contractor is solely responsible for all work, until final completion of the work. Contractor shall be liable for all damage, theft, maintenance, and safety until such time as the City of Sebastian issues a notice of final completion of the work. Upon completion of each job, the contractor shall submit the following information, as applicable: 3.15.1. Final invoice with documentation. 3.15.2. The Contract Completion Form 3.15.3. Acceptance from City of Sebastian Building department 3.15.4. Warranty information to include effective dates, contact information, and details on the scope of coverage. 3.15.5. Cut sheets and Operations and Maintenance manuals for any installed equipment. 3.15.6. As-Built Drawings 3.15.7. Contractor internal work orders / employee timesheets upon request 3.15.8. Certified payroll, upon request 3.15.9. Any other documents as requested by the City 3.16 DISADV ANTAGED BUSINESS ENT ERPRISE (DBE) PROGRAM The bidder agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. In this regard all bidders shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBE's have the maximum opportunity to compete for and perform contracts. Bidders shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. 3.17 INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of contractor, the contractor must secure and maintain throughout the duration of this contract, insurance of such type and in such amounts necessary to protect its interest and the interest of the City against hazards or risks of loss as specified below. The underwriter of such insurance mu st be ITB #24-06 Page 24 of 39 qualified to do business in the State of Florida, be rated “B” as to management and “Class V” as to strength or better as rated by the latest edition of Best’s Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, T he insurance carrier must have agents upon whom service of process may be made in the State of Florida. The insurance coverage will be primary insurance with respect to the City of Sebastian, Florida, its officials, employees, agents, and volunteers. Any i nsurance maintained by the City will be in excess of the contractor’s insurance and will not contribute to the contractor’s insurance. 3.18 The insurance coverages must include a minimum of: 3.18.1. Commercial General Liability Insurance (“CGL”): This insurance must be written in comprehensive form and must protect the Contractor and the City against claims arising from injuries to members of the public or damage to property of others arising out of any act or omission to act of the Contractor or any of its agents, employees, or subcontractors. The limit of liability must not be less than One Million Dollars ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a primary and non -contributory basis and with a coverage form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (1) Premises and/or Operations; (2) Independent contractors and Products and/or completed Operations; (3) Broad Form Property Damage, Personal Injury and a Contractual Liability Endorsement, including any hold harmless and/or indemnification agreement. 3.18.1.1. Products and/or Completed Operations for contracts with Aggregate Limit of Two Million Dollars ($2,000,000) per project. Contractor must maintain in force until at least three years after of all Work required under the Contract, coverage for Products and C ompleted completion Operations, including Broad Form Property Damage. 3.18.1.2. Personal and Advertising Injury with a One Million Dollars ($1,000,000) aggregate limit. 3.18.1.3. CGL Required Endorsements: a) Employees included as insured b) Contingent Liability/Independent Cont ractors Coverage c) Contractual Liability d) Waiver of Subrogation e) Premises and/or Operations f) Explosion, Collapse and Underground Hazards (if not specifically covered under the policy) g) Loading and Unloading h) Mobile Equipment (Contractor’s Equipment) whether own ed, leased, borrowed, or rented by Contractor or employees of the Contractor. ITB #24-06 Page 25 of 39 3.18.2. Comprehensive Business Automobile and Vehicle Liability Insurance: This insurance must be written in comprehensive form and must protect the Contractor and the City against claims for injuries to members of the public and/or damages to property of others arising from the Contractor’s use of motor vehicles or any other equipment and must cover operation with respect to onsite and offsite operations and insurance coverage must e xtend to any motor vehicles or other equipment irrespective of whether the same is owned, non-owned, or hired. The limit of liability must not be less than $500,000 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office. 3.18.3. Worker’s Compensation and Employer’s Liability: Coverage to apply for all employees for statutory limits as required by the State of Florida’s Statutory Workers’ Compensation Law and all applicable Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000 each accident and a waiver of subrogation. 3.18.4. Certificate of Insurance: Contractor must provide the City Manager or designee with Certificates of Insurance for all required policies within fifteen (15) days of notification of a conditional award by the City. The Contractor agrees that no services shall begin until proof of insurance is received by the City of Sebastian. The Certificates of Insurance must not only name the types of policies provided, but also must specifically cite this Contract and must state that su ch insurance is as required by this Contract. The City reserves the right to require the Contractor to provide a certified copy of such policies, upon written request by the City. Each policy certificate must be endorsed with a provision that not less than thirty (30) calendar days’ written notice must be provided to the City before any policy or coverage is cancelled, restricted, or a material change is made. Acceptance of the Certificate(s) is subject to approval of the City Manager or designee. 3.18.5. Additional Insured: The City is to be specifically included as an Additional Insured for the liability of the City resulting from operations performed by or on behalf of Contractor in performance of this Contract. The City must be named as additional insured under the CGL, business automobile insurance and umbrella policies. City must be named as an additional insured under Contractor’s insurance, including that applicable to the City as an Additional Insured, must apply on a primary basis and any other insurance m aintained by the City will be in excess of and will not contribute to Contractor’s insurance. Contractor’s insurance must contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance must apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. All deductibles or self -insured retentions must be declared to and be approved by the City Manager. The Contractor will be responsible for the payment of any deductible or self -insured retention in the event of any claim. 3.18.6. NOTE: A certificate of insurance (COL) is required in the bid. All coverage’s shall name the City as “additional insured.” ITB #24-06 Page 26 of 39 SECTION 4 – FORMS MAILING LABEL Cut along the outer border and affix this label to the sealed envelope to identify it as a Sealed Solicitation Submittal. PLEASE ENSURE THE MAILING LABEL IS AFFIXED TO THE SEALED ENVELOPE. SEALED ITB • DO NOT OPEN SOLICITATION #: ITB #24-06 SOLICITATION TITLE: REHABILITATION OF ALPHA APRONS AT SEBASTIAN MUNICIPAL AIRPORT DUE DATE/TIME: Monday, March 25, 2024 @ 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 #24-06 Page 27 of 39 CONTACT INFORMATION SHEET Bids due on or before 2:00 PM LOCAL TIME City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 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. DUE DATE: 03/25/2024 CONTACT: Jessica Graham, CPPB Procurement/Contracts Manager (772) 388-8231 jessgraham@cityofsebastian.org ITB TITLE: REHABILITATION OF ALPHA APRONS AT SEBASTIAN MUNICIPAL AIRPORT ITB NO.: #24-06 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 is truthful to the best of my knowledge and belief and that I am duly authorized to submit this 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 propo se and agree to furnish the goods and /or services specified in the ITB at the prices or rates in my 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. __________________________________________________________________ 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. ITB #24-06 Page 28 of 39 STATEMENT OF BIDDER’S QUALIFICATIONS Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. Some Information may not be applicable, in such instances insert “N/A”. Project: Rehabilitation of Alpha Aprons at Sebastian Municipal Airport ITB # 24-06 Name of Proposer: ____________________________________________________________ Bidder’s Address:______________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Professional License (include name and license ) ____________________________________ (1) How many years has your organization been in business as a contractor under your present name? (2) How many years’ experience in pre -engineered metal building construction work has your organization had as a contractor? As a sub-contractor? (3) Use additional sheets to list the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. o Project Title o Contract Amount o Required Completion Date o Actual Completion Date o Name/Address/Telephone # of Owner (4) Has your organization, any officer, or partner failed to complete any work awarded to you? If so, where and why? ITB #24-06 Page 29 of 39 (5) 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. (6) Has your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) (6) Has bidder’s organization 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 (6) Has bidder’s organization been declared in default, terminated or removed from a contract or job related to the services your company provides in the regular course of business within the last five (5) years ( ) YES ( ) NO (6) Has your organization filed any request for equitable adjustment, contract claims, protest, or litigation in the past five (5) years that is related to the services provided in the regular course of business? ( ) YES ( ) NO (6) 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. 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 ITB for the City of Sebastian. BY:______________________________ ____________________________________ Signature of Authorized Officer Date _________________________________ Printed Name ITB #24-06 Page 30 of 39 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF _________________________________ COUNTY OF _________________________________ __________________________ , being duly sworn, deposes and says that: (1) He/she is of , the (Title) (Firm/Company) bidder that has submitted the attached bid. (2) He/she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in connection with the Agreement for which the attached bid has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of 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 the City of Sebastian, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached bid are fair and proper and are not ta inted by any collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant. ____________________________________ (Signed) ____________________________________ (Title) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online notarization, this _______ day of _______________, _______ (y ear) by _____________________________, who is personally known to me or who has produced _______________________________ as identification and who did (did not) take an oath. ______________________ (Signature of Notary Public) ______________________ (Name of Notary – Typed, printed or stamped) ______________________ (Notary Seal / Serial Number) ______________________ (Date) ITB #24-06 Page 31 of 39 DRUG FREE WORKPLACE PROGRAM Each construction contractor regulated under Part I of Chapter 489, F.S., and each electrical contractor and alarm system contractor regulated under Part II of Chapter 489, F.S., who contracts to perform construction work under a state contract for educati onal facilities governed by Chapter 1013, for public property or publicly owned buildings governed by Chapter 255, or for state correctional facilities governed by Chapter 944 shall implement a drug -free workplace program as described in Chapter 440, Florida Statutes. In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or replies are received by the City that are equal with respect to price, quality , and service for the procurement of commodities or contractual services, a bid or reply received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures fo r processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug -free workplace program, a business shall: 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's policy of maintaining a drug-free workplace, any available drug co unseling, rehabilitation, and 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 subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, 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 Florida Statute, Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, not 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 this section. As the person authorized to sign such statement, I certify that the firm complies fully with the above requirements and indicate the program was implemented. _________________________________________ Authorized Signature _________________________________________ Company _________________________________________ Date ITB #24-06 Page 32 of 39 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the contractor is required to verify that none of the contractor’s principles (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). 2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of Sebastian, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise f rom this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. _____________________________________ _____________________________________ Authorized Signature Address _____________________________________ _____________________________________ Printed Name & Title City, State, Zip Code _____________________________________ _____________________________________ Company Date ITB #24-06 Page 33 of 39 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS (TO BE SUBMITTED WITH EACH BID OR OFFER EXCEEDING $100,00 0.00) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an y Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and. submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certifi cation is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor ______________________________ certified or affirms the truthfulness and accuracy of each statement of its certification and disclosu re, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. _________________________________________ Signature of Contractor’s Authorized Official _________________________________________ Name and Title of Contractor’s Authorized Official _________________________________________ Date ITB #24-06 Page 34 of 39 REFERENCE LIST Bidder’s Name: Phone #: ITB Title: ITB #: List a minimum of five (5) 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. Use additional sheets as necessary. 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: ITB #24-06 Page 35 of 39 REFERENCE LIST CONTINUED Proposer’s Name: Phone #: ITB Title: ITB #: Reference #4 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #5 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: ITB #24-06 Page 36 of 39 SUB-CONTRACTOR LIST Bidder’s Name: Phone #: ITB Title: Rehabilitation of Alpha Aprons at Sebastian Municipal Airport ITB #: 24-06 NOTE: List all sub-contractors and the percentages of work to be performed, you invited to perform 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 ITB. Use additional sheets if necessary. The City reserves the right to reject any ITBs if the bidder names sub-contractors who have previously failed in 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 and Percentage of 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. _________________________________________ Authorized Signature _________________________________________ Printed Name & Title _________________________________________ Date ITB #24-06 Page 37 of 39 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been p laced on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars o r more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israe l, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. _________________________________________ Authorized Signature _________________________________________ Printed Name & Title _________________________________________ Date ITB #24-06 Page 38 of 39 ADDENDA ACKNOWLEDGEMENT Bidder’s Name: Phone #: ITB Title: Rehabilitation of Alpha Aprons at Sebastian Municipal Airport ITB #: 24-06 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: ITB #24-06 Page 39 of 39 SECTION 8 - BID PRICE FORM I the undersigned have become familiar with all of the bidding documents incorporated herein, hereby propose to perform everything required to be performed in strict conformity with the requirements of these documents, meeting and exceeding the City’s specifications, manufacturer’s written specifications and instructio ns, and industry standards. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid, the Vendor agrees to enter into said agreement within ten (10) consecu tive calendar days’ notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for ninety (90) days following the bid opening date. ___________________________________________ ___________________________________________ Authorized Signature Printed Name ___________________________________________ ___________________________________________ Company Date Item No. Spec. No. Item Description QTY Unit Unit Price Extended Amount 1 C-105 Mobilization 1 LS 2 02000 Pre-Construction Survey 1 LS 3 02000 As-built Survey 1 LS 4 S-141-1 Bituminous Surface Removal (1” TO 2”) 6740 SY 5 S-141-2 Aircraft Tie-Down Removal 30 EA 6 S-141-3 Exist. Base Removal (1" To 4.2") 6740 SY 7 Fine Grading, Compact/ Roll Exist. Base 6910 SY 8 P-401 / FDOT -334 3 Inch Optional Asphalt Surface Course 1125 TON 9 P-602/ FDOT 300 Bituminous Prime Coat 1675 GAL 10 P-620-1 Reflective Pavement Marking (Yellow) 1220 SF 11 P-620-2 Non-Reflective Pavement Marking (Black) 3250 SF 12 T-904 Sodding 405 SY 13 T-905 4” Topsoil Placement 50 CY TOTAL BID AMOUNT